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

Law Offices of
Steven C. Vondran
The Pre-Litigation Loan Modification
(1) Forensic File Audit (2) Demand & Negotiate w/ Legal Department and Loss Mitigation
(Submit Financials Only if
Required)
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 for our loan modification program:
(1) You send us a copy of your mortgage loan file(s) along with the proposed loan modification you are seeking and a copy of all lender correspondence you have received.
(2) We immediately send a legal representation letter to your lender(s) letting them know that we represent you. We request that the lenders direct all correspondence to our office and deal with us directly (we will copy you on the documents they send us). In this initial letter we will also make our initial loan modification request.
(3) We will simultaneously make a RESPA "qualified written request," (to your current loan servicer(s)), demanding them to forward us a "life of loan" accounting and a copy of your loan file. This request does two things: (a) it let's your lender know we mean business, and (b) it requires the lender to acknowledge our request within 20 days and cease negative credit reporting during this period. They ultimately have 60 days to respond to our request or they can reject it. Failure to respond to this request is a RESPA violation which also gives us additional leverage. Any negative credit reporting during this period is also a violation of law. We also send out a demand for the lender or loan servicer to produce the identity of the holder of the loan or master servicer.
(4) While the lender/servicer are dealing with our initial letters we get busy auditing the loan files you provide to us (two copies of your first mortgage loan file, or one pdf. copy sent via email). Note: There are certain minimum loan documents we need to begin our audit. Failure to have these documents will delay our service. You may want to contact your escrow company to obtain a complete set of signed loan documents.
(5) After we have performed a loan audit we contact the lender in writing and by phone to inform them of our findings. We point out the potential legal and non-compliance errors we detected and make a demand for a meaningful loan modification that includes principal rate reduction, interest rate reduction and/or loan term extension as needed. No guarantees they will acquiesce as they are not required by law to provide anyone a loan modification (at least as of this writing).
(6) We give the lender typically 14 business days to make a business decision on whether or not to modify your loan on our terms, or else send a reasonable counteroffer.
(7) Our demand is sent directly to the legal department, and to the loss mitigation department. We will make several diligent efforts to contact the lenders and demand our loan modification or else a mortgage mediation to discuss a reasonable counteroffer.
(8) If loan modification negotiations ensue, we will negotiate the deal on your behalf. If needed, we can submit a hardship letter and client financials.
(9) If the lender refuses to negotiate, we will 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 to a lawyer referral in your area for bankruptcy if needed. We can also discuss with you short sale, deed in lieu of foreclosure and any other options that may be available at the time.
(10) To start the process all you need to do is call
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.
Typical items we look for when conducting a forensic loan audit
(1) Did each borrower or person with ownership interest get two 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?
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.
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. We are never required to follow-up our audits or loan modification services with actual litigation. Attorney has the sole discretion whether or not to accept any litigation cases.
TO GET STARTED OR GET MORE INFORMATION CONTACT US TODAY AT
Steven
C. Vondran, Esq.
www.VondranLaw.com
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.
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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
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.
Copyright
2009 Law Offices of Steven C. Vondran, P.C. All Rights Reserved. This is an
advertisement and communication pursuant to state bar rules.
Privacy
Policy
Notice/Disclaimer /Contact Information: The preceeding information is general information only and not intended to serve as legal advice or a substitute for legal advice. For specific legal questions please contact a qualified attorney licensed in your state to assist you. There are no warranites or representations made that the following information is accurate, complete or up to date. In addition, any emails sent to us are not confidential and do not create an attorney client relationship. Please use your discretion before sending confidential information. The Law Offices of Steven C. Vondran is operated by Attorney Steve Vondran. Mr. Vondran is licensed to practice law in the States of Arizona and California and only seeks to solicit and serve Clients in these states. This is an advertisement and communication pursuant to state bar rules. There are no guarantees a loan audit will reveal any legal errors of compliance violations. There are likewise no guarantees any lender or loan servicer will modifiy any loan. Each loan, property, borrower, investor and servicer are different. In addition, there are no representations made that Mr. Vondran will accept any litigation case following a loan audit and/or a demand letter to the lender.
For more information about Mr. Vondran's law firm please visit www.VondranLaw.com the Attorney Loan Audit program can be reviewed at www.AttorneyMods.com If you are a California Real Estate Broker looking for a DRE Approved Advance Fee Agreeement please visit www.AdvanceFeeContract.com We have over 20 approved DRE companies as of this writing and have several advance fee agreement options available including an advance fee agreement that allows for outsourced Attorney Loan Audits and/or a letter to the Lender. We also have spanish advance fee agreements available.
If you are a homeowner and
are looking for an attorney or law firm to handle your loan modification
request, please visit
www.loanmodsolutions,net
Fill out the form and a representative of our firm will contact you promptly
to discuss your situation.
We also have loan
modification information available at
www.AttorneyLoanAudit.com
For Brokers interested in loan modification seminars, please visit www.loanmodseminar.com . The next seminar is scheduled for March 20th, 2009 in Long Beach, California. There is also another event scheduled in San Jose, California for March 27th, 2009.
Homeowners who believe
they may have been a victim of loan modification fraud should visit
www.ModScams.com or
www.LoanModificationScams.net
to learn more about what you can
do to fight foreclosure rescue scams.
Our Offices: California: 620 Newport Center Drive, Suite 1100, Newport Beach, CA 92660
Arizona: 2415 E. Camelback Road, Suite 700, Phoenix, AZ 85016
Phone
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.