CHAIN OF TITLE ANALYSIS AND MORTGAGE
- The Loan Disposition Analysis (LDA) Report is a tool that will allow you or your client to know definitively what the homeowner qualifies for as a foreclosure alternative. Remember, there are other modification types besides the Home Affordable Modification Program (HAMP). The LDA Report will inform you of those options, plus you will know why you DO or DO NOT qualify, in terms that will hold up under any level of scrutiny all the way up to the court level. The report includes an "NPV" (net present value) Pass/Fail, as well as multiple separate "AVMs" (automated valuation model) reflecting a TRUE current property valuation.
- The LDA Report is a 20-to-40-page report that is generated using specific information about the Homeowner, the property, and the mortgage. It runs proprietary algorithms and NPV analytics to determine whether it is in the best financial interest of the investor to modify the loan.
- We will complete a comprehensive, state-specific analysis to address issues regarding securitization and lack of proper implementation of rules and procedures that govern the SPV.
- Each title holder is linked to the previous title holder and to any subsequent title holders through transfers and endorsements, forming a chain of title as disclosed through various public and private entities. This is equivalent to a "chain of custody".
- These preliminary findings will show that by operation of law, the Intangible Debt Obligation and Security Instrument have become bifurcated; thus, any entity claiming ownership of the tangible promissory note and purported rights to enforce the security instrument lacks standing to foreclose, based on what has been filed into public record and according to the local laws of jurisdiction. State statutes, relevant Supreme Court rulings, and UCC codes will all be used in support of our arguments.
- Our Analysis is comprehensive in nature and enables our clients to formulate and articulate the arguments pursuant to the local laws of jurisdiction where the real property resides, and can be used within the four corners of pleadings without having to do further research.
- Affidavits come notarized, and blue-ink originals are mailed to whichever address the law office has provided, ready to be placed into court as exhibits.
- If requested for trial appearance, expert witness testimony from a licensed private investigator is available.
- Visually documents the chain of title and illustrates complicated concepts like intangibles-vs-tangibles.
- Helps homeowners, attorneys and judges understand the complex arguments in the Analysis – "a picture is worth a thousand words"
- Created specifically for each person's loan, almost no two flowcharts are the same.
- The Analysis references the chart, and the chart explains the Analysis, so they mutually strengthen each other.
- A flowchart must be ordered with pre litigation package; one will not be provided separately.
- A Licensed Private Investigator will conduct an investigation of all the foreclosure documents executed and recorded by the trustee, mortgage servicer, lender, or lender's agents, for verification of compliance pursuant to Civil Code and State Penal Codes.
- A Licensed Private Investigator will analyze the client's recorded documents and look for fraud upon the court, signatory fraud, backdating, assignments in blank, "robo-signers", "notary fraud", and similar fraudulent and criminal activity. Full background checks will be conducted on the individuals who signed those documents to ascertain the validity of the individuals themselves and the capacity in which they have purported to sign (all recorded documents and background checks are provided as exhibits).
- We can challenge MERS´ claim of agency relationship to the beneficiaries that they are doing assignments to.
- This innovative new product is designed to help address the elements of fraud that attorneys need in order to be specific about damages if fraud is being alleged. The report will also come with a notarized affidavit and will include the state-specific statutory requirements for foreclosure.
Thanks to: http://mortgagecomplianceinvestigators.com/