WHY BEG - WHEN YOU MAY HAVE THE LEGAL RIGHT TO DEMAND?
 

Law Offices of Steven C. Vondran
 

The Pre-Litigation Loan Modification

 (Forensic File Audit - Demand to Legal and Loss Mitigation Department)

 

See www.AttorneyMods.com

 CALL TODAY FOR COMPLETE DETAILS

(877) 276-5084

 __________________________________________________________________________________________________

 Are you late on your mortgage payments?

 Is you ARM loan about to Adjust?

Not late on payments but see the iceberg up ahead?

Have an Option ARM or Negative Amortization Loan?

Feel like you were the victim of predatory lending?

 Have a Law Firm Seek to Modify your Loan

 

What we do:

 STEP ONE - FORENSIC LOAN AUDIT

  (1)   You send us two (2) complete copies of your mortgage loan file(s) along with the proposed loan modification you are seeking and the contact information for your lender(s) and a copy of lender communications you have received (ex. notice of defaults and payment statements).

       Please check your loan file to ensure that the following loan documents are provided (we cannot provide a detailed audit without these minimum required documents.  We will audit the documents you provide us):

       (a) Promissory note and any riders/addendums

       (b) Deed of Trust and riders
 
       (c) Initial Good Faith Estimate and Initial Truth in Lending Statement

       (d)  Loan Application (1003)

       (e)  Final HUD closing statement and Final Truth in Lending Statement

       (f)   Truth in Lending Itemization of Amount financed

       (g)  Any mortgage insurance premium / PMI information or certificates

       (h)  Any ARM disclosures or CHARMS booklets or other similar disclosures

       NOTE:  ALWAYS SEND US TWO COPIES OF YOUR ENTIRE LOAN FILE NOT JUST THE DOCUMENTS LISTED ABOVE!  If you have your loan file in a pdf format you only need to send us one copy of the file.  If you do not have a completed set with the minimum required documents you need to contact your loan broker, lender, or escrow company and request a complete copy of your loan documents.

      Typical items we look for when conducting a forensic loan audit

(1)     Did each borrower or person with ownership interest get two COMPLETED copies of the Notice of Right to cancel with the Rescission date filled in?  (Federal Truth in Lending requirement - TILA). 

(2)     Were the material TILA disclosures made, and were they accurate if made (APR, Finance Charge, Amount Financed, Total of Payments).  If these disclosures were not or defective in nature, an extended three year right of rescission exists. 

(3)     Were the good faith estimate and preliminary truth in lending statements given to the borrower within 3 days of giving the loan application?  (if not, a right to rescind may exist).    

(4)     Were advance fees improperly collected?   

(5)     Was the broker/loan officer properly licensed at all stages of the loan origination process? 

(6)     Was the ARM / Option ARM / Negative Amortization Loan accurately disclosed in the note and adjustable rate rider? 

(7)     In a non-purchase loan, did the borrower receive the required three day right to rescind? 

(8)     After the broker ran the credit, were the credit scores disclosed and factors affecting risk properly disclosed? 

(9)     Can the lender produce the promissory note and prove it has the right to collect the debt? 

(10)   Is the note clear and comprehensible (or do we have grounds to argue that a contract was never formed - that there could be no meeting of the minds)? 

(11)   Unfair Competition - If we find a violation of RESPA, Truth in Lending or HOEPA, or other law, do we have grounds to assert that the lender has engaged in unfair, deceptive and/or fraudulent business acts and practices and seek the imposition of a constructive trust forcing the lender to disgorge any ill-gotten gains or to seek an injunction?  

(12)   Were the loan documents properly signed, executed and notarized? 

(13)   Option Arms / Negam Loans: We will assert that these loans are predatory in nature and potentially unconscionable.  The terms of the note and adjustable rate rider may conflict making it virtually impossible to properly disclose this in a truth in lending statement.   

(14)          Is the loan unconscionable and thus unenforceable?  

(15)          Was their any fraud, deceit or undue influence used against the elderly? 

(16)    If the lender targeted minority groups, where the contracts negotiated in the language of the borrower? 

(17)    Was there predatory underwriting on stated income loans (i.e. underwriter did not verify borrowers stated income via salary.com or in another manner as required by their internal policies - turning a blind eye and not following their own underwriting policies to get a loan done)  

(18)     Were there excessive fees that Violate HOEPA?  Or YSP fees that are predatory in nature that feathered the nest of the  broker at the expense of the borrower?  

(19)     Was the borrower asked to sign conflicting disclosures or documents such as two different ARM disclosures or two different truth in lending statements that reflect two different APR's or Interest rates (evidencing potential bait and switch or loan fraud practices)?  

(20)    Were FICO scores and credit risk factors properly disclosed? 

This is just a sample list.  As you can see, we are closely scrutinizing the work of the lenders and holding their feet to the fire.  They have rules they need to comply with, and they should be held accountable where their legal violations are uncovered. 

STEP TWO - CONTACT THE LENDER TO DEMAND A LOAN MODIFICATION

     We will contact your lender(s) by letter and by phone and make a demand for a meaningful loan modification which may include one or more of the following adjustments to your loan:

      (a) Convert your ARM into a Fixed Rate

       (b) Demand an Interest Only Payment Feature

      (c) Demand Principal Reduction

      (d) Seek to extend the term of your loan to achieve a reduced payment

      (e) Seek a reduction of the Interest rate

      (f)  Seek a forbearance of late payments

      (g) Graduated Interest Rate - Payment program (ex. 3% for the 1st year, 4% for the second year, 5% for the third year etc.)

      (h) We demand all negative credit reporting be removed

       We send our letters by Certified Mail directly to the Lender's Legal Department with another copy to loss mitigation.   We typically give them 10-14 days to respond to us.  Included in our demand is a qualified written request under RESPA (we ask them to produce the original promissory note and a life of loan accounting) and a demand to identify the holder of the loan or master loan servicer.

       If the lender grants our loan modification request, we review the final paperwork to ensure it comports with our agreement.  If the lender submits a counter-offer we will negotiate with the Lender to fight for a fair deal for you.

      THE BOTTOM LINE:  With our Pre-Litigation Loan Modification we seek to ESTABLISH YOUR LEGAL RIGHTS AND PUT THE LENDER ON NOTICE OF ANY POTENTIAL LEGAL CLAIMS THAT MAY EXIST AGAINST THEM AND FORCE THEM TO ASSESS THEIR LEGAL EXPOSURE.  We may find legal claims against your original broker and lender and/or the loan servicer (assignee liability).

     While no guarantees can be made as to whether or not we will be successful on your loan, (as every lender, investor, borrower, loan servicer and property are differnt and unique) we will do everything possible within the scope of our services to obtain a loan modification in the quickest possible time.

       NOTE: If your lender(s) refuse to negotiate, we will discuss with you your remaining options which are typically the following:

     (1) Pursue a deed in lieu of foreclosure.

     (2) Consider the Chapter 7 or Chapter 13 bankruptcy alternatives.

     (3)  Seek to list your house for a short-sale (or have someone assume your loan if possible).

     (4)  At this point, you could also submit your financials and a hardship package to the lender and this can be discussed.  Typically we would encourage you to submit your own financials.

      (5)  We can discuss the H4H (Hope4Homeowners) Program and any other programs that may exist at the time (programs routinely change and new programs are created from time to time via legilsation)

      (6) We can discuss with you the litigation option (please note that we reserve the sole discretion whether or not we will ultimately accept your litigation case and/or file a lawsuit on your behalf and represent you in Court.  In the event we do accept your case a separate retainer agreement outlining the fees and scope of services is required).  We may also provide you a referral(s) to litigation lawyers in your area if necessary.

      NOTE: WE DO NOT TAKE CASES THAT HAVE A NOTICE OF SALE DATE.

           To start the process all you need to do is call (877) 276-5084 and ask about or loan modification program. We take Visa, MasterCard and American Express.  Put a law firm to work for you.  Send the message to the lenders that you are serious about asserting your rights.

 CALL TODAY FOR COMPLETE DETAILS

(877) 276-5084

             Benefits of having a law firm handle your loan modification 

   CALL TODAY FOR COMPLETE DETAILS

  Benefits of having a law firm handle your loan modification (please note this section is not to disparage hard working brokers who are doing great work in the loan modification business, many of whom I call friends).  Instead, I merely seek to point out some possible benefits of working with an attorney.

·        When the lender sees a legal letterhead, or hears an attorney calling, the effect can be very powerful.  You have a lawyer fighting for you.

·        Attorneys have the power to file lawsuits and lenders know this, as such, they may be more inclined to negotiate a favorable settlement or meaningful loan modification.

·        We look to establish your legal rights and then negotiate.  Brokers gather your financials and essentially make a plea to the lenders to modify your loans, (which often-times results in a loan forbearance that does little more than raise your monthly payments for a short term by tagging past due payments onto your loan balance).  We seek meaningful loan modifications such as interest rate reductions, loan terms extensions, and/or principal loan balance reductions. 

·        We send our correspondence to the legal department and loss mitigation. We immediately take the case right to lender, follow up by pointing out potential legal errors we may find in the loan file and demand the meaningful loan modification.

 ·        In addition, many brokerage companies (and non-brokers posing as loan modification companies) in California do not have the appropriate and required advance fee agreement that they need in order to pursue loan modifications.  Other brokers are taking advance fees from clients who have received a notice of default, which violates the California Foreclosure Consultant law.  If these companies don't care about the rules and regulations in their own industry, why would you think they would care enough to serve you and your loan needs properly?  Please be very careful in choosing the right broker.

 (877) 276-5084

Note: There are no guarantees, promises or representations made that a loan audit will reveal any of these loan compliance or legal errors.  Every file is different.  Attorney has no obligation to file any lawsuits or initiate any other legal proceedings following this service and/or following any loan audit.  No promises are made contrary to this position.

TO GET STARTED OR GET MORE INFORMATION CONTACT US TODAY AT (877) 276-5084

  

Steven C. Vondran, Esq.   Steve Vondran is licensed as an Attorney in California and Arizona and helps clients in these two states.  He was a former loan officer and holds a real estate broker's license in California and Arizona.    Most of our loan modification work is done over phone, fax and email.  Below are out two office locations. California Clients: Address: 620 Newport Center Drive, Suite 1100, Newport Beach, Ca. 92660   Arizona Clients: Address: 2415 E. Camelback Road, Suite 700, Phoenix, Arizona 85016    This is an advertisement and communication pursuant to state bar rules.  THERE ARE NO GUARANTEES OF SUCCESS THAT CAN BE MADE.  EACH CASE IS DIFFERENT.  prices and services are subject to change at law firms discretion.

 

Loan modification, Attorney loan modification, low cost loan modification, inexpensive loan modification, attorney loan mods, loan audit, forensic loan audit, foreclosure attorney, foreclosure lawyer, foreclosure preventions, alternatives to bankruptcy, lawyer loan mod, qualified written request, truth in lending law, truth in lending violations, RESPA violations, HOEPA, predatory lending, mortgage law attorney, predatory lending lawyer, loan workouts,  deed in lieu of foreclosure.

 

Because most of our loan modification work is done, by phone fax and email between us and you and the lenders we are able to serve our California clients in the following California Counties and Cities  Alameda Albany Berkeley Dublin Emeryville Fremont Hayward Livermore Newark Oakland Piedmont Pleasanton San Leandro Union City Amador Amador City Ione Jackson Plymouth Sutter Creek Chico Gridley Oroville Paradise Angels Camp Colusa Colusa Williams Antioch Brentwood Clayton Concord Danville El Cerrito Hercules Lafayette Martinez Moraga Orinda Pinole Pittsburg Pleasant Hill Richmond San Pablo San Ramon Walnut Creek Crescent City Placerville South Lake Tahoe Clovis Coalinga Firebaugh Fowler Fresno Huron Kerman Kingsburg Mendota Orange Cove Parlier Reedley San Joaquin Sanger Selma Orland Willows Humboldt Arcata Blue Lake Eureka Ferndale Fortuna Rio Dell Trinidad Imperial Brawley Calexico Calipatria El Centro Holtville Westmorland Inyo Bishop Kern Arvin Bakersfield California City Delano Kern County Maricopa McFarland Ridgecrest Shafter Taft Tehachapi Wasco Avenal Corcoran Hanford Lemoore Lake Clearlake Lakeport Susanville Los Angeles Agoura Hills Alhambra Arcadia Artesia Azusa Baldwin Park Bell Bell Gardens Bellflower Beverly Hills Bradbury Burbank CalabasCarson Cerritos Claremont Commerce Compton Covina Cudahy Culver City Diamond Bar Downey Duarte El Monte El Segundo Gardena Glendale Glendora Hawaiian Gardens Hawthorne Hermosa Beach Hidden Hills Huntington Park Industry Inglewood Irwindale La Canada-Flintridge La Habra Heights La Mirada La Puente La Verne Lakewood Lancaster Lawndale Lomita Long Beach Lynwood Malibu Manhattan Beach Maywood Monrovia Montebello Monterey Park Norwalk Palmdale Palos Verdes Estates Paramount Pasadena Pico Rivera Pomona Rancho Palos Verdes Redondo Beach Rolling Hills Rolling Hills Estates Rosemead San Dimas San Fernando San Gabriel San Marino Santa Clarita Santa Fe Springs Santa Monica Sierra Madre Signal Hill South El Monte South Gate South Pasadena Temple City Torrance Vernon Walnut West Covina West Hollywood Westlake Village Whittier Chowchilla Madera Marin Belvedere Corte Madera Fairfax Larkspur Mill Valley Novato Ross San Anselmo San Rafael Sausalito Tiburon Mariposa Mendocino Fort Bragg Point Arena Ukiah Willits Merced Atwater Dos Palos Gustine Livingston Los Banos Merced Modoc Alturas Mono Mammoth Lakes Monterey Carmel Del Rey Oaks Gonzales Greenfield King City Marina Monterey Pacific Grove Salinas Sand City Seaside Soledad Napa American Canyon Calistoga Napa St. Helena Yountville Nevada Grass Valley Nevada City Truckee Orange Anaheim Brea Buena Park Costa Mesa Cypress Dana Point Fountain Valley Fullerton Garden Grove Huntington Beach Irvine La Habra La Palma Laguna Beach Laguna Hills Laguna Niguel Lake Forest Los Alamitos Mission Viejo Newport Beach Orange Placentia San Clemente San Juan Capistrano Santa Ana Seal Beach Stanton Tustin Villa Park Westminster Yorba Linda Placer Auburn Colfax Lincoln Loomis Rocklin Roseville Plumas Portola Riverside Banning Beaumont Blythe Calimesa Canyon Lake Cathedral City Coachella Corona Desert Hot Springs Hemet Indian Wells Indio La Quinta Lake Elsinore Moreno Valley Murrieta Norco Palm Desert Palm Springs Perris Rancho Mirage Riversi San Jacinto Temecula Folsom Galt Isleton Sacramento San Benito Hollister San Juan Bautista San Bernardino Adelanto Apple Valley Barstow Big Bear Lake Chino Chino Hills Colton Fontana Grand Terrace Hesperia Highland Loma Linda Montclair Needles Ontario Rancho Cucamonga Redlands Rialto Twentynine Palms Upland Victorville Yucaipa Yucca Valley San Diego Carlsbad Chula Vista Coronado Del Mar El Cajon Encinitas Escondido Imperial Beach La Mesa Lemon Grove National City Oceanside Poway San Marcos Santee Solana Beach Vista San Francisco San Joaquin Escalon Lathrop Lodi Manteca Ripon Stockton Tracy Arroyo Grande Atascadero Grover Beach Morro Bay Paso Robles Pismo Beach San Luis Obispo San Mateo Atherton Belmont Brisbane Burlingame Colma Daly City East Palo Alto Foster City Half Moon Bay Hillsborough Menlo Park Millbrae Pacifica Portola Valley Redwood City San Bruno San Carlos San Mateo South San Francisco Woodside Santa Barbara Buellton Carpinteria Guadalupe Lompoc Santa Barbara Santa Maria Solvang Santa Clara Campbell Cupertino Gilroy Los Altos Los Altos Hills Los Gatos Milpitas Monte Sereno Morgan Hill Mountain View Palo Alto San Jose Santa Clara Saratoga Sunnyvale Santa Cruz Capitola Santa Cruz Scotts Valley Watsonville Shasta Anderson Redding Shasta Lak Sierra Loyalton Siskiyou Dorris Dunsmuir Etna Fort Jones Montague Mount Shasta Tulelake Weed Yreka Solano Benicia Dixon Fairfield Rio Vista Suisun City Vacaville Vallejo Sonoma Cloverdale Cotati Healdsburg Petaluma Rohnert Park Santa Rosa Sebastopol Sonoma Windsor Stanislaus Ceres Hughson Modesto Newman Oakdale Patterson Riverbank Turlock Waterford Sutter Live Oak Yuba City Tehama Corning Red Bluff Tehama Trinity Tulare Dinuba Exeter Farmersville Lindsay Porterville Tulare Tulare Visalia Woodlake Tuolumne Sonora Ventura Camarillo Fillmore MoorpaOjai Oxnard Port Hueneme Santa Paula Simi Valley Thousand Oaks Ventura Yolo Davis West Sacramento Winters Woodland Yuba Marysville Wheatland    Note: Loan modification work is primarily driven by phone, fax and email with you and the lenders. As a consequence we are able to serve Arizona loan modification clients in the following Arizona cities:   Tucson Mesa Glendale Chandler Scottsdale Gilbert Tempe Peoria Yuma Surprise Avondale Flagstaff Lake Havasu City Goodyear Sierra Vista Prescott Oro Valley Bullhead City Apache Junction Prescott Valley Casa Grande El Mirage Marana Kingman Buckeye Fountain Hills San Luis Nogales Florence Douglas Queen Creek Maricopa Payson Sahuarita Paradise Valley Chino Valley Eloy Sedona Cottonwood Camp Verde Show Low Winslow Somerton Safford Coolidge Globe Page Bisbee Tolleson Youngtown Wickenburg  South Tucson Guadalupe Holbrook Snowflake Cave Creek Benson Thatcher Litchfield Park Eagar Pinetop-Lakeside Taylor Colorado City Dewey-Humboldt Willcox St. Johns Carefree  Clarkdale  Quartzsite  Parker Superior  Williams Clifton Kear Pima  Springerville Star Valley Gila Bend Wellton Miami Huachuca City Mammoth Tombstone Fredonia Patagoni Hayden Dunca Winkelman Jerome

 This is an advertisement and communication pursuant to state bar rules!  We only seek to represent Clients in CA and AZ where the attorney and firm are licensed to practice law.