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
Jeff Berns "The RightPI"
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.