Charlip Law Group, LC believes that a borrower in financial distress must understand both the current legal issues, as well as the specific facts applicable to his or her loan in default, or in danger of going into default. In that respect a borrower must:
The Three Step Road to Success:
The foreclosure attorneys at Charlip Law Group, LC have a well conceived program designed to assist you through the resolution of a loan in default. It involves a three (3) step process we call "Loan Liberation".
- Audit Process
This is something you will need in order to determine if your mortgage has any red flags that will help with your foreclosure defense. It is also helpful for use in the paperwork for a short sale and in determining whether or not you have been the victim of a predatory lender. It may also reveal mistakes your lender could have made when selling your loan on the secondary market.
a. Audit of Loan Documents
The forensic mortgage loan audit obtained by Charlip Law Group, LC for you includes a computer-run analysis as well as forensic tests and summary pages by trained auditors.
- Great for fixed rate mortgages, ARMS, second mortgages and high rate loans.
- Tests federal laws like TILA (Truth in Lending Act), RESPA, HOEPA, and state regulations.
- Results report containing all factual findings of the forensic audit.
- Specific investigation into required disclosures, including GFE's, NORTC's, TIL, and others.
- Checks for accuracy and completeness of required documents.
- Extensive auditor's report with scope covering income discrepancies, accuracy of ARM indicies, Debt to Income ratios, and their specific relation to federal and state lending laws.
A forensic mortgage loan audit is the starting point when seeking a loan modification from a lender.
A mortgage loan audit can help identify numerous federal, state and local violations of RESPA, HOEPA, TILA, ECOA and other potential violations that may exist in your mortgage.
- Complete loan document and disclosure audit by 100 year combined experience ex-underwritings and fraud and compliance mortgage professionals.
- Reverse engineering of your loan terms and Annual Percentage Rate (APR) for possible TILA violations
- 25 page Auditor's Results Report of all factual findings of the forensic audit
- Any and all applicable federal law violations
Outline of hidden fees and/or commission earned by your lender
- A complete assessment so you can pursue possible legal claims against your lender
- True forensic analysis, including investigation into debt to income ratios, high LTV ratios, income inconsistencies, etc.
View our sample audit report at the bottom of the page
A Forensic Mortgage Loan Audit may result in one, some or all of the following outcomes:
- Reduction in loan balance
- Refund in interest paid on the mortgage to date
- Refund on fees paid at closing
- Reimbursement of legal fees
- "Quiet" Title
- Rescindable loan: An extended right of Rescission (on a refinance; up to 36 months)
b. Qualified Written Request
This is a letter sent to the servicing agent requesting to review of certain aspects of your mortgage. Additionally certain key documents we requested that enable us to evaluate the lender's legal right to foreclose your mortgage. We guide you through this process helping you show your banking institution you are taking control of the situation and not letting go of your home without a fight.
- Loan Modification/Short Sale /Foreclosure Defense Analysis
The key to success is closure. If you are seeking a loan modification we follow through on your behalf; navigating you through the often conflicting demands of your lending institution to create every opportunity for your success. Getting your institution to re-evaluate the terms of your loan and to give you a fresh start. You may or may not qualify for a loan modification. This may mean consideration of other options such as a short sale. We will analyze your home's value and prepare the paperwork the bank requires of you to bring it to a short sale, saving you the effort of figuring out these complicated issues during such a difficult time. Whatever your desired outcome, the Mortgage Modification/Short Sale Attorneys at Charlip Law Group, LC will negotiate with the bank to give you the best available outcome.
- Execution of the "Loan Liberation Plan"
We will liberate you from the loan hanging like an albatross around your neck by implementing the strategy we develop through either a short sale, mortgage modification, deed in lieu of foreclosure or a foreclosure defense designed to remove the mortgage as an encumbrance on your property.
Charlip Law Group, LC's Mortgage Loan Servicing/Foreclosure Defense Team Will:
Implement Your Personalized "Loan Liberation Strategy By:
Defending the foreclosure
For 25 years Charlip Law Group, LC has been representing clients from all over Florida in a wide variety of real estate cases. In the current economic climate many distressed homeowners have sought refuge in our offices to save there homes due to foreclosure, predatory lending, mortgage fraud and other related issues. The Foreclosure Defense Team at Charlip Law Group, LC can provide you with a foreclosure defense tailored to your specific situation.
Quieting title to your home
Five years after Charlip Law Group has defended your case for a mortgage foreclosure which has been sold improperly on the secondary market you maybe entitled to file to quiet title to your home. If successful a quit title action means you have a home free and clear of a mortgage? That's right - no mortgage, no mortgage payment. That doesn't mean this applies to everyone. However, if Charlip Law Group, LC audits your mortgage and finds certain legal impediments to foreclosure are present, the possibility exists that you may be entitled to quiet title to your home and have the existing mortgage cancelled and removed as an encumbrance on the property.
Assisting with a Short Sale or Loan Modification
A loan modification or short sale involves complicated issues of loan to value ratios, income expense analysis and ability to comply with a modified loan program verses risk of loss. Often mortgage insurance, investment trusts and master servicing agents represent third party involvement that further complicate the existing issues. An experienced lawyer is usually needed to fully understand and manage this process effectively. The mortgage modification/Short Sale Lawyers at Charlip Law Group, LC have that experience and can effectively assist you.
Charlip Law Group, L.C. legal practice is focused on foreclosure and business-related litigation and transactions and personal injury. Our practice areas include banking, class actions, commercial litigation, construction, employment, family law (divorce), mortuary/funeral law, nursing home law, products liability, property, real estate, serious injury/death, securities law and subrogation litigation. Our law firm offers clients a bi-lingual staff, a variety of fee arrangements and a sincere dedication to your needs. To learn more about the history of our firm and attorneys feel free to contact us directly at our Hollywood, Florida offices: 954-921-2131 or toll free 1-800-773-1955.
