Once you do a forensic mortgage audit to your loan docs and you find out that it is full of violations, how do you submit those new findings to court in the foreclosure proceeding? Do you use any specific template?
I know that these violations will not stop my foreclosure but it can always delay the process. My question is: How do I submit those findings to the court? Where can I see an example of the document I need to submit?
Sep 08
There are state laws and federal laws. Violation of a Lending law carries specific penalties for the lender. This is generally in the form of interest or fees that you have paid to the lender that you can reclaim. If you are going through a foreclosure you probably owe them more money than they owe you. Check with a real estate attorney to see if you have a case.
Just because a lender botched your loan, that doesn’t mean they can’t foreclose. Most states allow for non-judicial foreclosure so you’ll need an attorney.
Oh my. I suspect you’ve paid someone considerable money to perform a ‘forensic audit” of your assorted mortgage documents. You can, of course, bring these anomalies to the’ attention of the court, but don’t expect that it will somehow change or prevent your impending foreclosure. The ‘violations’ found in such audits are small technical issues which will not affect the validity of your mortgage documents. The court will not consider any of those violations to be cause to halt your foreclosure. Sorry.