Reference sheet for Forensic Examiners Seminar —"Lenders" that Died.

DON’T TELL THE CLIENT WHAT THEY WANT TO HEAR. TELL THEM WHAT THEY NEED TO HEAR.

see reference sheet for dead lenders

Homeowners come to loan examiners for one purpose: to find a way to get relief from a deal that was probably not viable when it was made and is certainly not viable now. They are usually “behind” in their payments. Their accounts have been declared delinquent and notices of default have been sent and received. Phone calls, letters and even statutory requests under RESPA and FDCPA are routinely ignored.

So the homeowner is asking you “who am I really dealing with here and what can I do to get through to the real people who own my debt?” You probably can never answer that question because the answer is more theoretical than actual. But your investigation can arm them with the information they need to undercut the case against them. And THAT is how homeowners win cases against false claimants making false claims.

The inability of the loan examiner to to answer those questions is not a failure of the analyst or of the homeowner’s proof. It is evidence of gaps in the case against the homeowner. In the weird world of foreclosure defense you can always prove violations of lending laws and servicing laws but you can only win when you expose the absence of essential elements in establishing the existence and rights of the claimants and the existence of an actual claim.

The answer lies in the details, and what they want from you as a forensic auditor or examiner are details that matter. Things that matter fall into two distinct categories.

First there are facts that actually get traction in court (as distinguished from facts that you think ought to get traction in court).

Second there are facts that undermine the credibility of the prima facie case for foreclosure.

The list of dead lenders is one place to start. Any “transfer” of a debt, note or mortgage after the alleged “lender” is dead is easy to attack. That is what you want to give your clients.

The fact that all the documents in all the loans are fabricated, forged and robosigned as distractions from the real facts does little to advance the position of your client. But you are not an advocate. You are a fact finder. And with a few exceptions, most people who signed up for the Free Seminar lack the necessary credentials, knowledge, training and experience to give an opinion.

Everyone is entitled to their own opinion but nobody is entitled to their own facts. Your job is keep track of what is working as well as who is developing new approaches that could work. The homeowner doesn’t know how to narrow the focus. They are depending upon you to do so.

Every forensic loan auditor or examiner is qualified to testify or sign an affidavit on facts they found. In so doing they should be prepared to describe the actual work they did, how they went about it,  what facts were revealed — but no conclusion on what that means. An opinion from a fact witness reveals bias of the witness thus undermining their own credibility.

Don’t tell the client what they want to hear. Tell them what they need to hear.

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