AskTheRightPI

Bogus Mortgage Fees Exposed!

2011-04-30T04:49:00.000-07:00

News Source:
By Heather Sullivan / CBS News Channel 7
Spartanburg, Greenvile, Anderson, S.C., Asheville, N.C.

People across the country are losing their homes in the mortgage meltdown. A leading attorney based in Western North Carolina says its often due to hidden and illegal fees on their mortgages. That's why he holds a Bankruptcy Boot Camp to teach other attorneys how to spot bogus fees. He shows you how you can spot them on your own mortgage, too, in this Seven On Your Side Consumer Watch.

Inside a quiet house on a hill in Polkville, North Carolina, attorneys are in basic training. It's called Bankruptcy Boot Camp. They're learning how to save homes from foreclosure.

The drill sargeant is attorney Max Gardner. "What we're trying to do is educate bankruptcy attorneys about how they can identify and find unlawful, illegal fees that have been charged to the loans of their clients."

Gardner says the fees are not usually charged by mortgage companies, but by the companies you send your payments to, the loan servicing companies.

Said Gardner, "It may be a fee for allegedly driving by your house once a month. ... It could be a fee for some legal service you didn't know about. It may be a late charge that is being added to your account when a late charge is not justified."

Inside the room where Gardner holds Boot Camp is what he calls the Wall of Shame, a series of framed checks he's won in cases against loan servicing companies. "We've got some checks up here for $300,000, $400,000, $50, $60, $75,000," points Gardner. He says the checks are from just about every loan servicing company out there. The fees start out small, but add up fast.

Said Gardner, "It can actually put somebody in default. They're mortgage obligation can go into foreclosure when they're not really in default and the pressure is on for them to do it more."

Attorney John LaRue traveled all the way from Indiana for Boot Camp so he can help his clients. Said LaRue, "We'll be able to help them in retaining their homes, rewriting loans, even securing money judgments for them."

That's the kind of basic training Gardner says attorneys will need in the war against the mortgage crisis.

Here are some fees and violations Gardner says to watch out for on your mortgage:

*failing to credit payments to your account,

*late charges when you didn't pay late,

*charging for insurance you don't need,

*overcharging legal fees,

*failing to notify you when your payments change.

To protect yourself, Gardner suggests asking for a written statement of your payments every six months. If you see a fee you don't recognize, he recommends sending the loan servicing company a written dispute by certified mail. If the fee is not resolved, you may need to contact an attorney.

Attorney's are being trained by Max Gardner in Chicago, Illinois on June 18th & 19th. If you are interested,
you'll find more information about Bankruptcy Boot Camp by following the link below:

http://www.maxbankruptcybootcamp.com/

Respectfully,

Jeff Berns "The RightPI"

Companies Offer Securitization Audits w/o Current Successful Case References?

2011-04-21T23:18:00.000-07:00

Author: Jeff Berns "The RightPI"
Sources: California DRE, Credit Slips.com
April 21st, 2011
Unethical & Unlicensed Activity of Companies Offer Securitization Audits w/o Current Successful Case References. Question to Ask Your Auditor before you write and mail that check: " Where are the Current Case Examples?"
Have you read about the "Ibanez Case" in Massachussetts? The case involves an issue of the Chain of Title and in this case the actual audit of the securitization process is critical to identifying who holds title and who has the legal standing to foreclose.
http://www.creditslips.org/creditslips/2011/01/ibanez.html
If you are in the market for a "Securitization Audit" or a "Forensic Loan Audit" services for yourself or a client, make sure you know who you are hiring and doing business with, or you may be their next victim. Ask for the specific names of people and cases that these "Audits" have actually been introduced as evidence in court. Have they helped an attorney in foreclosure defense or a bankruptcy case? This might be critical to ask and to find out before spending your hard earned money.

Just having your Audit introduced as evidence is not enough if it leads to you or your client's foreclosure defense suit being dismissed. Unfortunately there are many companies and individuals out there producing flashy looking reports that have little or no value to the attorney litigating these cases. It has become so bad and prevalent in California that the Department of Real Estate (DRE) has had to issue a consumer alerts and warnings.
http://www.dre.ca.gov/pdf_docs/ConsumerWarningForensicLoanAudits.pdf

In some reports words are incorrectly spelled and the author's can't write a grammatically correct paragraph, much less a court ready legal summary or report. You can check current cases by searching (in many counties, even free) County Court Indexes or by signing up for Pacer (US Federal Court Search Site). If you need help with this email us or chime in on our "Ask The RightPI" Blog (Link Below)

For an administrative fee (2 hour minimum) Right Path Investigations can do a quick court check on whoever you plan on hiring. If you have been a victim of a particular individual or company we would like to hear from you. We'll help if we can. We may save you hundreds of dollars by doing so. If you need a more detailed investigation then contact us and we can make suggestions and recommendations based on your specific situation. We are not attorneys nor do we give legal advice. We do work closely with local, experienced real estate and bankruptcy, criminal and civil attorneys.

We also welcome your attorney calling us so we can discuss our Intensive SAIR and what investigation can be done. Actually tracking down the legal holder of the note, the deed of trust, the documents needed to prove if and when the chain of title has or has not been broken, involves a much more in depth investigation. We recommend you contact an experienced real estate attorney if you believe this has happened and is your situation.

This post has been written to help educate homeowners and the public on Securitization Audits, Forensic Loan Audits. These Audit Reports have been finding their way into the courtroom. Getting in the door in court just isn't enough. The door will be slammed on you by the judge if you have been provided a useless report. Don't be afraid to ask the tough questions before you write your check for an Audit. If you have more questions: Follow our Blog "Ask The RightPI" on the web at http://asktherightpi.blogspot.com/

Respectfully,

Jeff Berns "The RightPI"
CEO/Director of Operations
Right Path Investigations. CA lic# 21832
Former Criminal Investigator, County of Sacramento, Former Insurance Adjuster

CONSUMER ALERT Beware of Securitization Audits Scams, Hire a Professional Investigator

2011-04-17T15:42:00.000-07:00

Securitization of a mortgage loan is the process by which residential and commercial real propertymortgage loans are bundled into various trusts and sold to investors. Securitization can occur months after origination, or it could occur immediately after origination. Approximately 85 percent of portgage loans are securitized. However, not all loans are securitized. It is important to know if your loan was in the 85 percent before hiring someone to conduct an investigation into the securitization of your loan.
Investors such as Goldman Sachs, DeutscheBank, Countrywide, Wells Fargo, etc. routinely sell or purchase large blocks of loans and place them into trusts or REMICs (Real Estate Mortgage Investment Conduits). Shares of those are then sold to other investors.

Knowing what happened to a particular loan, where it went and which investment vehicle it ended up in, can be important in foreclosure defense and litigation against lenders, especially for properties located in judicial-foreclosure states. There are many attorney’s nationwide using a securitization audit or a written investigation report in court to challenge the standing of the company taking action to foreclose. Our investigation services are designed for these attorneys. We do not offer SA Investigations to the general public or private homeowners as a matter of integrity and protection to those who may benefit from our services. All of our SA Investigation Reports have been reviewed by legal counsel and are court ready documents. We want you to be well represented and informed if you plan on hiring an attorney and filing litigation or bankruptcy for the purposes of foreclosure defense.

There are many individuals and companies out there that are not reputable and have preyed on desperate homeowners and the public. The Department of Real Estate in California has made a public warning page ( Click here Linkto DRE Consumer Warning) http://www.dre.ca.gov/pdf_docs/ConsumerWarningForensicLoanAudits.pdf to warn consumers of unscrupulous individuals and businesses. Senate Bill 94 was signed into law on October 11th, 2009 by the Governor and it became effective that day. It prohibits any person, including real estate licensees and attorneys, from charging, claiming, demanding, collecting, or recieving an upfront fee from a homeowner borrower in connection with a “promise” to modify the borrowers residential loan or some other form of mortgage loan forebearance.

In non-judicial foreclosure states, this research can be useful in bankruptcy defense, and it can provide the basis for directed discovery or evidentiary hearings, and is especially useful in defense in Unlawful Detainer Proceedings as a complete defense.

Here is a list of judicial & non judicial foreclosure states:
Florida, Indiana, New Mexico, Kansas, North Dakota, Iowa, Illinois, Louisiana, Alabama, Kentucky, Ohio, South Carolina, Delaware, New Jersey, Pennsylvania, New York Connecticut and Maine. Other states, including California, Oregon, Washington, use either non-judicial foreclosure methods or a combination of both.

It is also important to point out that an audit commonly referred to as a “Forensic Loan Audit” of your original loan document is when a thorough examination of original loan documents has been conducted. The findings of the Forensic Loan Audit are documented and quite commonly will list discrepancies and violations of TILA, RESPA and HEOPA have occured in the loan documents. The Forensic Loan Audit is much different and less complex than a “Securitization Audit” (SA) Investigation which has been decribed above. Some company’s have marketed themselves as providing such services “Securitization Audits” when really all they are doing is examining the documents and are not documenting the actual financial process by which the loan’s funds were pooled, where the note was sold or where the Trustee was actually named on the note and/or the Deed of trust of a specific loan.

If you’re a real estate attorney, bankruptcy or otherwise have need to obtain documentation on the holder of your client’s mortgage Note and/or its securitization history, Right Path Investigations can provide you the most comprehensive documentation available. We are a “Licensed” investigation company and can provide your with an accurate report of our findings. We can also investigate any company or individual who has preyed on you or scammed you in this area. We are happy to investigate who it is you are dealing with before you mail off your private loan documents with your sensitive and confidential info.

If you are not an attorney and thinking about hiring someone to conduct a Securitization Audit, don’t throw away you hard earned money. We can help with an inexpensive and quick background check.

Contact us on our website today http://www.rightpi.com/request

Respectfully,
Jeff Berns "The RightPI"
916-981-5682

IMPORTANT NOTICE:

THIS INFORMATION IS NOT TO BE TAKEN AS LEGAL ADVICE AND SHOULD BE EVALUATED BY YOUR ATTORNEY FOR CLARIFICATION AND RECOMENDATIONS. WE ARE A LICENSED PRIVATE INVESTIGATION FIRM AND WE WILL PROVIDE THE FACTS OF OUR INTENSIVE AND DETAILED INVESTIGATION EFFORTS. THERE IS NO PROMISE OR GUARANTEE THAT OUR SECURITIZATION AUDIT AND/OR INVESTIGATION REPORT(S) WILL LEAD TO A LOAN MODIFICATION OR STOP THE PROCESS OF FORECLOSURE.

Have you done your "Due Dilligence?"

2011-03-29T19:29:00.000-07:00

Have you done adequate due diligence on your new clients and customers. In today's information age you could be liable for handing over sensitive and personal information to the wrong person. You may get scammed or be the victim of the next con.

Parties involved in a business transaction may find themselves being sued by their clients, investors, customers, employees, suppliers, or other third parties asserting failure to conduct proper due diligence or pursuing a liability that was overlooked or incorrectly assessed by due diligence. In this litigious world, you can be sued for just about anything and failing to conduct due diligence is no exception.

Do you know what questions to ask based on the business transaction or client interaction you are about to initiate? Are you an attorney and about to hire that big client? Are you a landlord about to rent your home?

If you are you in the process of buying or selling property, negotiating a deal, perform any financial transactions, going to purchase, sell, or form a business, Invest and or enter into any kind of legal agreement you should contact us so we can check out your situation. It is important to know that every transaction and situation is unique and will need to be handled differently.

There are great resources out there on the internet on conducting due diligence. One can even dedicate too much time to due diligence for a particular transaction. If you need help or assistance to answer any of the above questions I would be happy to help point you in the right direction.

Contact Right Path Investigations at the link below and request a Confidential Client Interview with our Director of Operations. We will get you on the "Right Path" to the information you are looking for.

http://www.rightpi.com/request Author: Jeff Berns "The RightPI"
Licensed Ca PI #21832 email: rpisleuth@gmail.com

Securitization Audits for Foreclosure Defense Litigation

2011-03-29T18:44:00.000-07:00

A Securitization Audit is a process by which an Auditor or Investigator puts together a comprehensive report and document that shows what happened to a specific loan, where the money went and to which investment vehicle it ended up in. This can be very important in foreclosure defense cases and litigation against lenders. Each state is set up differently and there are judicial and non-judicial review foreclosure rules.

Securitization is the process by which residential and commercial real property mortgage loans are bundled and sold to investors. Investors such as Goldman Sachs, DeutschBank, Countrywide, Wells Fargo, etc. routinely sell or purchase large blocks of loans and place them into trusts or REMICs (Real Estate Mortgage Investment Conduits). Shares of those are then sold to other investors. Securitization can occur months after the origination of the loan or it can occur immediately after origination. Approximately 85 percent of portgage loans are securitized. Please be aware that not all loans are securitized. It is important to know if your loan was in the 85 percent before hiring someone to conduct your securitization audit.

If you are a bankruptcy or real estate attorney or otherwise have the need to obtain documentation on the holder of your client's mortgage note and or it's securitization history, Right Path Investigations can provide you with court ready information and documentation. Right Path Investigations should be accepting new clients for this new service as early as the beginning of April in 2011. Go to our website and register as a new client or email us and we can send you more information regarding our services and what we can provide.

Note: This information is not to be taken as legal advice and should be evaluated by your attorney for any clarification.

Secure Email Certificates

2011-03-15T22:45:00.000-07:00

Email Security

Secure Email Certificates - Information Security

Author: Jeff Berns, Owner/CEO Right Path Investigations March 15, 2011

In today's information age data security is becoming a crucial area of emphasis as online business and ecommerce moves toward a more mainstream user base. Corporations, government and law firms are sending more sensitive and confidential information via email than ever before. Many companies have capitalized on this and are now offering Secure Email Certificates.

Email certificates also known as SMIME certificates, are digital certificates that can be used to sign and encrypt email messages. When you sign an email using an email certificate, only the person that you sent it to can decrypt and read the email. The recipient can also be sure that the email hasn’t been changed in any way.
If you don’t use an email certificate, your emails can be read by anyone, or any server, that is used to pass the emails to the recipient. This can be a lot people. This would be like sending a letter through the mail so that all of the postal workers and anyone who really wants to can read it. With an email certificate, you are 100% guaranteed to have secure email while it is being transmitted.

Some email servers use a different kind of certificate called a server authentication SSL certificate. This secures all email transmissions from the server to your local computer, but once you send an email to another email account on another email server, it leaves the safe haven and travels to the unprotected lines of the Internet where anyone can read it. An SMIME certificate ensures end-to-end security.

A few companies reputable that offer an excellent product at a reasonable price are CACert, Comodo, Digicert, Entrust, Geotrust, Startcom, and Verisign. If you are going to send sensitive information via email make sure you are using a reputable company and you may not want to go with free encryption services unless it is being offered by one of these reputable company. For example Comodo offers a free version of a Secure Email Certificate http://www.instantssl.com/ssl-certificate-products/free-email-certificate.html

My hope is that this information was helpful to you and may have prevented a breach in your company or organizations data security. Information, research and finding the solution it is what I love to do. Happy trails.

Right Path Investigations - "The RightPI"