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"
Showing posts with label bankruptcy. Show all posts
Showing posts with label bankruptcy. Show all posts
Saturday, April 30, 2011
Thursday, April 21, 2011
Companies Offer Securitization Audits w/o Current Successful Case References?
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
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
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