This is a message to all people who have signed up for the Free Forensic Loan Auditor Seminar presented by the Garfield Continuum and hosted by GTC Honors, Inc.
There are approximately 85 people signed up so far. The seminar length is 2 hours including Q&A. We will not cover all potential topics in that short time span. We will cover the work plan and the business plan for doing forensic audits, and explanations as to what has actual value for homeowners who are seeking to win foreclosure cases.
In one week, you will be getting an invitation to attend on our conference bridge http://www.freeconference.com. Please RSVP when you get the invitation. If you have not received the invitation by Wednesday July 17, 2019 5PM EDT in the email account that you used to sign up, then check your spam folders etc. and if necessary sign up again.
When you join the conference, make sure you do so from your computer so you can view the screen sharing presentation. You can still get the audio by phone, but you won’t be able to see the PowerPoint presentation or anything else I share on screen.
In the meanwhile here is a constantly evolving checklist I use and would like to see all auditors use when checking loan documents, chain of title and court pleadings and exhibits.
Why am I doing this? Simple answer. Better reporting from you will improve my work product, enable me to help more people and make more money for our site.
Why are you doing this? Simple answer. Better work product, better business model, higher earnings and more respectability.
If your work makes it easier to get a lawyer to accept the case, and if your work actually helps homeowners WIN their cases (not just “make a point”) then your fees will rise as to rates and volume — and so will your self-esteem.
Also see 2015.03.25-Opinion-Reverse-and-Direct-Judgment-in-Favor-of-Seffar
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Existence of Loan and Lender
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LENDER v OWNER OF DEBT
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[] Evidence of loan received
[] Evidence of payments on behalf of borrower
[] Evidence of payment of value at origination
[] Evidence of source of funds
[] Evidence of investment banker at origination
[] Evidence of privity between investment banker and lender at origination
[] Evidence of privity between investment bank and lender at acquisition
[] Evidence of value paid at acquisition of note
[] Evidence of value paid at acquisition of debt
[] Evidence of value paid at acquisition mortgage
[] Evidence of additional principal between MERS, lender and third party
[] Evidence of investment bank conduits at time of origination
[] Evidence of investment bank conduits at time of acquisition
[] Evidence that debt, note and mortgage entrusted to Trustee for REMIC Trust by owner of debt, note and mortgage
[] Evidence that debt, note and mortgage were purchased by Trustee for REMIC Trust
[] Evidence that servicer was authorized by owner of the debt
[] Evidence that servicer was authorized by authorized representative of owner of the debt
[] Evidence of Appraisal Fraud
[] Evidence of violations of TILA
[] Evidence of violations of HOEPA
[] Evidence of violations of RESPA
[] Evidence of violations of FDCPA
[] Evidence of violations of RICO
[] List of possible witnesses
[] List of possible documents
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[] Evidence of existence of lender at time of loan
[] Evidence of existence of lender at time of alleged transfer of note
[] Evidence of current existence of lender
[] Evidence of payment of value at time of loan
[] Evidence of payment of value at time of transfer #1
[] Evidence of MERS authority
[] Evidence of license of lender
[] Evidence of description of lender in public domain
[] Evidence of actual payment of value as condition precedent to enforcement of mortgage Article 9 §203 UCC
[] Evidence of identity of owner fo the debt
[] Evidence of current existence of owner of the debt
[] Evidence of endorsement at closing
[] Evidence fo assignment at closing
[] Evidence of allonge at closing
[] Evidence of allonge at acquisition
[] Evidence of date of allonge
[] Evidence of fabrication
[] Evidence of forgery
[] Evidence of robosigning
[] List of possible witnesses with personal knowledge
[] List of possible original documents
[] Evidence of “original” Stamp”
[] Evidence that “original” was tamped on original
[] Evidence that “original” was stamped on copy or reproduction
[] Evidence of GSE ownership (Fannie, Freddie, Sallie)
[] Evidence of GSE purchase
[] Evidence of FDIC, Bankruptcy?
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SECURITIZATION
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DEFAULT
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[] What is name of Trust? (Examine carefully)
[] Does trustee have any trustee powers?
[] Evidence of a complete Pooling and Servicing Agreement
[] Evidence of a completed Trust Agreement besides PSA
[] Evidence of Prospectus
[] Evidence of Existence of Certificates
[] Evidence of sale to holders of certificates
[] Evidence of certificate indenture: what are the rights of a holder of certificate
[] Evidence that sale of certificate was sale of debt, note more mortgage
[] Evidence of holder as beneficiary of a trust — which trust?
[] Evidence of named REMIC Trustee authority to represent holders of certificates
[] Evidence of rights and powers claimed by named REMIC Trustee on its website and/or public domain
[] Evidence that named Trustee possesses naked title for benefit of investment bank
[] Evidence of relationship between named Master Servicer and Investment Bank
[] Evidence of “succession” of REMIC “Trustee”
[] Evidence of existence of trust
[] Evidence fo prior history of sale proceeds conducted under same REMIC trust name
[] Evidence that named REMIC “Trustee” maintains any loan receivable account?
[] Evidence that named REMIC “Trustee” ever receives or handles any money?
[] Does name of Trust indicate presence of Investment bank contemporaneously with loan origination?
[] Evidence that investment bank funded the loan — industry practices
[] Does investment bank still have risk of loss?
[]CUT OFF DATE if PSA Admitted Into Evidence
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[] Evidence of first payment made by borrower
[] Evidence of last payment made by borrower
[] Evidence of misallocation of funds
[] Evidence of notice of delinquency — identity of sender, identity of principal
[] Evidence of miscalculation of amount demanded for reinstatement
[] Evidence of notice of default — notice of sender, identity of principal
[] Evidence of existence of actual default — failure to pay amount due to owner of debt
[] Evidence of effect of declared default on qualification of note as negotiable paper
[] Evidence of refusal of payments from borrower
[] Evidence of bad faith
[] Evidence of dual tracking
[] Evidence of instruction to withhold payments
[] Evidence of original location of original promissory note
[] Evidence of loss or destruction of note — certificate or memo of destruction or loss.
[] Evidence of actual transfers of actual possession of the note — cover pages, correspondence etc.
[] Evidence of Servicing Agreement with Current Servicer
[] Evidence of Power of Attorney
[] QWR
[] DVL
[] CFPB
[] State AG Consumer Affairs
[] Evidence of undated documents
[] Evidence of blank documents or endorsements in blank
[] Evidence of transfers of servicing of loan
[] Evidence of authorization for transfer of servicing
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INITIATION OF FORECLOSURE
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FAMILIAR PLAYERS
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[] Judicial Summons
[] Judicial Complaint
[] Judicial complaint exhibits
[] Evidence that exhibits match with prior correspondence, QWR (or DVL) response
[] Allegation identifying Plaintiff?
[] Allegation of loan?
[] Allegation of ownership of debt?
[] Allegation of holder in due course?
[] Allegation of holder?
[] Allegation of Possessor?
[] Allegation of original note?
[] Allegation of lost note?
[] Allegation of right to enforce note?
[] Allegation of right to enforce mortgage?
[] Allegation of right to enforce debt?
[] Verification on personal knowledge?
[] Nonjudicial Notice of Substitution of Trustee (SOT) filed on behalf of beneficiary of Deed of Trust (DOT)?
[] Nonjudicial Notice of Default (NOD) filed on behalf of beneficiary on DOT?
[] Exhibits: Original note?
[] Exhibits: Assignments?
[] Evidence assignments, endorsements or allonge backdated, forged, robosigned?
[] Evidence of fabrication of documents
[] Evidence that foreclosure sale proceeds would go to owner of debt
[] Evidence of foreclosure mill
[] Foreclosure mill history
[] Servicer history
[] Reference to PSA?
[] Reference to Trust Agreement?
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[] GS GOLDMAN SACHS
[] JP MORGAN/ JPM CHASE
[] WELLS FARGO
[] WORLD SAVINGS/ WACHOVIA/ WELLS FARGO
[] WELLS FARGO/ AMERICA’S SERVICING COMPANY
[] CW COUNTRYWIDE/ BAC/ BOA
[] US BANK
[] MERRILL LYNCH/ BOA
[] BONY MELLON
[] DEUTSCH
[] LASALLE
[] CITI/ABN AMRO/LASALLE
[] DITECH/ GREENPOINT/ GMAC
[] SPS/ CREDIT SUISSE/ CHASE
[] WAMU/CHASE, FDIC, US BKR TRUSTEE
[] LEHMAN/ AURORA
[] BEAR STEARNS
[] NATIONWIDE/ MR. COOPER
[] OCWEN
[] BAYVIEW
[] AMERICAN BROKERS CONDUIT
[] AMERICA’S WHOLESALE LENDER
[] HSBC
[] MERS
[] CALIBER
[] WILMINGTON TRUST
[] INDYMAC/ONE WEST
[] PENNYMAC/ CITI
[] SETERUS
[] SHELLPOINT
[] LITTON
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Filed under: foreclosure |
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