We have experience litigating against banks regarding mortgages. Whether you are dealing with a quiet title based on acceleration of the note or arguing the bank does not have standing (produce the note litigation), we can help. Call today to see what your rights are.
Fraud has become common in the mortgage industry. This is evidenced by numerous news reports and lawsuits regarding robo signing, predatory lending, mortgage accounting fraud, fraudulent transfers of title, and related issues. We have experience in bringing civil suits on these issues and can help protect your rights. If you suspect that you may be a victim of mortgage fraud, contact us immediately for a free consultation.
Washington Debt Law offers a comprehensive approach to Mortgage Fraud Litigation. We can handle claims including Quiet Title, Wrongful Foreclosure, Fraud, FDCPA violations, FCRA violations, Negligence, etc. We also focus on small details that many overlook such as proper chain of title, proper mortgage accounting techniques, escrow accounting, and other factors that can be hard to spot. Below are some of the more common techniques we use to fight Mortgage Fraud.
While this may or may not be a surprise depending upon your experience, Banks and Financial Institutions are not as good at accounting for loans as you would think. Whether by accident or design, unauthorized and illegal sums often find their way into a mortgage account. This includes applying payments to unearned interest, a bank waiting to process your payment to create late fees, misunderstanding how to apply escrow amounts, etc. We are able to request a copy of your accounting either through the Qualified Written Request (QWR) process or through discovery during litigation and analyze it for errors and/or fraud.
Banks and Financial Institutions frequently do not follow the requirements of the law, the Uniform Commercial Code, or common sense in transferring title in property. They often fail to endorse the note, include allonges or other documents in the original collateral file, and will submit out of date documents as evidence of their standing and right to foreclose. Failure to prove standing can be a defense against foreclosure and may lead to liability for damages.
As a note on Securitization Audits, they are generally unnecessary. In most legal documents for foreclosure, motions for relief, etc, the Securitized Trust identifies itself in the pleadings. Prior to paying $2,000.00 or more for what is essentially a large amount of documents with very little use, check the legal pleadings you have for a long strange name of a party such as CWABS 2007 Series K, or call our firm for a free consultation. Further, there are ways to check for free on the EDGAR system if you are very motivated to find out if your property is securitized.
In many instances, Banks include double charges, illegal fees, or do not credit payments properly in creating the new principle balance on a loan modification. If you suspect some of your payments have disappeared or if the numbers do not seem right, give us a call to see how we can help.
Robosigning is rampant. We can do an in house analysis to include checking against lists of known robosigners, comparing signatures to other public documents, and compare against original notary applications. If there is evidence of robosigning, we can retain a handwriting expert for trial.
There are many options to keep you in your house while you litigate. Some options include: 1) filing a Chapter 13 Bankruptcy and litigating inside the bankruptcy case, 2) filing a Retraining Order against the sale pending the outcome of litigation, 3) allowing the foreclosure process to plod along while you litigate, and many more. Our goal is to keep you in your house either permanent or for as long as possible. Call us today to see how we can help.
