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Still Trust Your Bank?

We are led to believe that we can trust the bank.  Did you whip out your calculator and check their principal vs. interest calculation?  Did you check your principal balance at the stated interest rate, amortized for the stated term to make sure their calculation of your principal vs. interest is accurate? 

Is your current month's mortgage payment really accurate?  Are you really 100% sure about this?

Decades ago it was the norm for a homeowner to pull out the calculator to make sure the bank mortgage statement was accurate!  When it wasn't, a simple call to the customer service department usually solved the problem.  The homeowner would point out the irregularity to the bank over the phone.  Then the bank would correct it's mistake, apologize, end of story!

Things have really changed.  Seems everybody at the bank is either passing the buck or afraid or incapable of making a decision, even the right decision!  What the hell happened?  We won't go there right now; but we will go on to talk about what to do about this mess.

If your bank or lender has been giving you grief with inaction, broken promises, wrong and inappropriate actions and even malefactions, do not fret or cry any longer.  You DO have other options. 

Get your forensic loan audit first!  It's time to go legal Baby!  That's right!  Sure it's going to cost more in the beginning.  But in this tsunami of errors and misdeeds that just keeps coming, wave-after-wave-after-wave in the banking/lending industry, there is a less-publicized undercurrent that's growing rather successfully as a result. 

An increasing number of homeowners are winning lawsuits, judgements, attachments with accompanying levies, and out-of-court settlements against their mis-behaving lenders!  Even a simple QWR (Qualified Written Request), when properly written, delivered, and followed up with has been publicly demonstrated (please see News page of main LoanAuditsPro.com website) to turn the tables on an unresponsive lender!

If you have a problem mortgage and/or problem lender then it's definitely in your best interest to obtain a complete forensic loan Audit.  And then you should consult with an attorney to discover your options.  Make sure you have a GOOD attorney who knows their business!  You DO have the right to interview several attorneys until you find the best one for you by the way!  You SHOULD be picky, not all attorneys are equal.  Get a good one, don't settle for a dud just because he has a fancy office and a fancy suit!  Ferchrissakes he may have just married into money, so don't be fooled or intimidated by the fancy office and suit.  LISTEN to what he (or she) says, ask questions.  And go talk to half a dozen other real estate attorneys.  Then decide what you're going to do, who you're going to let fight for you! 

Hand the attorney that you're interviewing your fresh forensic loan audit from LoanAuditsPro.com.  Then ask him or her:  "What can you do for me?"  You go see half a dozen real estate attorneys and interview them this way.  And see if that worry doesn't turn into a big fat grin half-way through the half dozen!

You may contact us by email!  Do it now and put time on YOUR side!  Some statutes have limited timetables for legal action, so you'd benefit much better by acting now instead of later. 



Do Judges Have a Vested Interest In You Losing Your Lawsuit Against The Bank?

February 13, 2011
Florida judges and probably most judges for that matter, may have a vested interest in banks winning because so many of their pensions are invested in real estate.

It's got some lawyers considering RICO charges against judges for the perceived conflict of interest.

I would avoid that for now. Truth be told, CALPers, California's pension plan and one of the largest pension plans in the world, is also down and they are HEAVILY invested in REITs - Real Estate Investment Trusts. They lost 500 million in one commercial foreclosure in New York alone. 

Lots of people don't realize what their pensions are invested in. I feel sorry for teachers, nurses and firefighters. I believe that the PBGC --the Public Benefit Guaranty Corporation - it's like the FDIC but for pensions -- will eventually take over these sickly but not yet dead pensions. Especially given the legislation that Republicans want to introduce this year.

According to Newt Gingrich, Republicans in Congress want to introduce a bill that will allow states to go bankrupt. Presently, only municipalities, cities and counties can file for bankruptcy under Chapter 9 - I believe that they want to expand Chapter 9 function to incorporate states as well. 

And why do they want to do this? Because it will give states' leverage in negotiating lowered pensions -- or else be taken over by the PBGC. And why is that so bad? Because the PBGC has a cap - the maximum payout is $4,500 - over and above whatever is left in the insolvent pension fund. 

So, those expecting large pensions over that amount may have a rude awakening. According to an audit by Stanford University last year, CalPers and its sister pension are less than 59% funded. Supposedly, a fund needs to be at least 80% to be considered solvent.

There are many economists who argue over whether inflationary or deflationary trends will prevail. Strike a point for the deflationists - losing a pension is definitely deflationary and will have long term effects on the economy.

Better get that mortgage payment reduced!

The Bank is NOT Your Boss, So Who Is Your Boss?

February 13, 2011
YOU are the boss of your personal and business dealings! 

This may be a surprise to some people, believe it or not!  And this includes what you plan to do about your: 1) Foreclosure (past, present or future);  2) Too high mortgage interest rate;  3) Negative equity;  4) Inadequate, weak or bad loan modification;  5) Poor, watered down, bulk mail loan modification offer from the bank;  6) Loan modification denial;  7) Reset date;  and more.

Why go back into the snake pit to get bit again?  Remember the numerous people giving you their free advice to "...work with your lender...", "...do what the bank tells you to do...", "...talk to your agent or broker...", etc.  These people are not your boss.  In a great many cases (probably the vast majority), these people and their craving for your money in the form of more and higher fees, interest rates and sales commissions were part of the problem which made this big mess.  It was a fight for your money.

Get your forensic loan audit from LoanAuditsPro.com and get a very good litigating real estate attorney who will actually fight for you!   In the interest of shedding light on the subject, here is a case that is not our audit, but is an example of what a thorough and competent forensic loan audit plus a great litigating attorney can accomplish:

"...in the Wappingers Falls case, Citigroup said it was owed about $390,000 from a mortgage and filed an assignment prepared by Orion to back the claim which document claimed another lender had assigned the loan to CitiMortgage more than three weeks after the bankruptcy began."  Despite its claims against the borrower, the bank settled and while it didn't admit wrongdoing, paid legal fees, reduced the mortgage principal by nearly $30,000 and cut the interest rate almost in half.

"There is no question lenders may settle to avoid scrutiny of their foreclosure practices during litigation," said Mitchell J. Stein, Esq.  "They are terrified to risk going in front of a judge and getting an order against them that will expose to the public what they have been doing to homeowners and borrowers."  According to Mitchell J. Stein, Esq., "...the crucial question in these cases is whether the banks have the right to enforce foreclosures without proper documentation or if they are using the process to clear up their lack of proper paperwork, get around illegal administration of loan documents and foreclose on homeowners regardless of their circumstances in the pursuit of profit."

"Banks claim they reach settlements for a variety of reasons, such as helping both parties avoid the expense of litigation, but at the same time they are aggressively spending on servicers and legal fees so they can foreclose on homeowners without proper and legal documentation," said Mitchell J. Stein.  "The banks know they cannot continue to have their illegal loan administration practices exposed and these settlements continue to reveal their illegal behavior."
(Source:  2/11/2011; SFGate: Mitchell J. Stein, Esq.: Recent Settlements Expose Banks' Ongoing Legal Problems with Foreclosures and the Public.)