Start Here With A Complete Examination Of All Your Real Estate Documents

(619) 475-8412

· For Errors & Omissions

· Reverse Engineering

· RESPA Violations

· Truth-in-Lending Violations

· GFE Compliance

· 1st & 2nd Loans Examined

· Misleading Disclosures

· Over Stated Values

· Over Stated Income

· Misrepresentations

· Usury Violations

· Prior Loans Examined

· Servicing Violations

· Packing

· Excessive Points & Fees

· Predatory Lending

· Forgery

· State & Federal Compliance

Affiliated Attorneys

San Diego Area

HASKINS & ASSOCIATES APC

Offices In

Bonita & La Jolla

Ph: 619-479-4351

www.haskinslaw.com

Done The Right Way… “Through An Attorney”

Over 23 Years Experience In The Mortgage Industry. Hands On Examination Of All Your Real Estate Documents. No Automated Compliance Software. Attorneys

Available Throughout California To Provide Free Initial Counseling.

Charles J. Horner, REB

Forensic Document Examiner

Real Estate Specific

CA Lic # 00920860

Attorneys

Available Cases

Los Angeles Area

Are you in foreclosure? Have an Adjustable Rate about to spiral out of sight? Promised one thing then delivered something entirely different? You are not alone. Approximately 98% of the documents I examine that were originated over the last several years has had some form of predatory lending, misleading disclosures, or violations of State and Federal regulations. State and Federal regulations that govern the mortgage industry are extensive and complex to say the least but they have become law to protect you, the consumer.

There are hundreds of check points involved in the forensic examination of real estate documents. Many discoveries are made during the examination that lead to either legal action against the lender or a demand letter from an attorney demanding that the loan be modified into something you can actually afford.. Lenders would prefer the lesser of expenses and avoid legal action by complying with the attorney's demands. Even in the rare case that I find nothing wrong with your real estate documents, the attorney will still proceed with the loan modification, and represent your best interest during the loss mitigation negotiations. The best part of my program is, you meet face to face with those who are going to represent you.

If you think this program sounds too costly, think again. My research has shown that the average costs charged by Loan Modification companies found on the internet ranges from $3,000 to $5,000, and typically, they don’t examine all your real estate documents. My program includes a complete examination of your documents and Attorney representation all for less than $2,000. In some cases, you only pay for the examination when violations of law are discovered in your documents because the attorney sometimes take the case on a contingency basis, and you only have to pay the initial court filing fees.

Here Are The Results Of Some Of My Cases

· Home In Foreclosure - Client refinanced in 2006. Examination found Federal violations of section 32 Home Owners Equity Protection Act. Failure to disclose high cost loan, and Rights To Cancel not provided. Results: foreclosure stopped and law suit filed to rescind the loan, refund all interest paid, all costs to acquire the loan, plus attorney’s fees and damages.

· Three Days Before Foreclosure Sale - Real Estate Agent in panic mode rushed documents for examination because lender would not accept short sale. Documents examined within 24 hours. The Deed Of Trust was determined to be unenforceable due to 1-4 Unit Rider deleting paragraphs 6 & 19 of Deed Of Trust, “Owner’s Right To Reinstate.” Property was an owner occupied two unit property and under California law, you cannot void an owner’s right to reinstate an accelerated loan. Results: Foreclosure sale was stopped day before sale, and lender re-entertained agent’s short sale offer.

· Home Already Foreclosed - Examination of documents concluded that the foreclosed loan was a refinance loan and that the lender violated the FDIC Consumer Protection, § 226.17 § 226.23 “Right of rescission” by not providing Right To Cancel disclosures to co-owner. 6500 - FDIC Consumer Protection, § 226.18 (c) § 226.19, “Early Disclosure” by not providing required disclosures within the time frames specified in this law. Results: Demand letter sent to cease and desist from eviction proceedings, return ownership to the clients, rescind the loan, pay $35,000 in damages plus attorneys fees.

· Home In Foreclosure - Bait-in-Switch, Originating lender’s initial disclosures indicated a 30 year fixed loan at 6.125% with no prepayment penalty. Terms were discussed in Spanish. Final loan documents had a 2 year fixed rate with three year prepayment penalty at 8.675% start rate. Clients thought they were getting the terms as originally discussed in Spanish and signed the loan documents which were printed in English and were not translated by the notary. Results: Law suit filed for misrepresentation of facts, loan fraud, and violation of California Civil Code 1632. “When a contract is negotiated in a foreign language, a copy of that contract in the language negotiated shall be provided to the consumer.” Foreclosure stopped.

· Home In Foreclosure - Examination of the servicing revealed lender miscalculated the ARM adjustments using a different index than what was disclosed in the Adjustable Rate Rider causing the rate adjustments to exceed the agreed amount by .125% for each adjustment progressively. The rate over the previous six months was 8.875% when the rate should have been 7.375%. Results: Demand letter sent to refund $3,462 of over paid interest, cancel foreclosure, and modify the loan to a fixed rate mortgage at the same rate as the original teaser rate of 5.375%.

· Home Loan In Arrears - Clients refinanced in late 2006 from a Option Arm loan into another Option Arm loan. Lender told them it was a better loan because less interest being applied to negative amortization. Lender failed to tell them it was only better until the first rate adjustment in which the interest will be grater than the previous loan. Federal laws state that “a refinance must be a tangible benefit to borrower.” This loan had no tangible benefits what-so-ever and indeed, just the opposite. Results: Demand letter sent to modify the loan to a 30 year fixed at 5.625%. A foot note to this case is that, during the examination, a pre-payment penalty in the previous loan was noted. The client was called to provide the previous loan’s documents for examination of servicing and charges. A miscalculation of the prepayment penalty plus the daily per diem of interest was discovered. The client is due a refund of $2342 in over payment of prepayment penalty and accrued interest. Seems the previous lender calculated the prepayment penalty based on the higher loan balance instead of the principle amount of the note which is in violation of California law in regards to Option Arm loans.

The foregoing cases are only a few examples of the benefits of having your documents examined. A complete document examination is the first step to achieving a beneficial loan modification. Attorneys use my discoveries as leverage to obtain the best loan solution for you. Whether it be legal action against the parties involved in your loan or a loan modification, the right place to start is here.

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4045 Bonita Rd. Suite 212 Bonita, Ca. 91902