Hilsz & Associates

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Loss Mitigations LLC Story


It is our mission to help homeowners and others in financial crisis find their way through the myriad of options or programs available to them. Involved in this since the beginning of the economic decline the Loss Mitigations LLC Firm offers unparalleled legal assistance across a comprehensive range of practice areas that are critical to the financial freedom and repair of our clients. We practice at the very top of the legal profession and offer a cutting-edge blend of capabilities that enables us to handle deals and cases of any size and complexity. We have the ability to anticipate obstacles, seize opportunities and get the situation resolved—with the experience and know-how to prevent it from being undone.

We are have one of the largest networks of ALTERNATIVE FINANCIAL CONSULTANTS in the country and have handled hundreds of real estate and mortgage related files, so we have seen it all many of times.  In addition, we are a trusted, bonded and registered legal assistants and financial professionals.  With nearly a quarter of a century in combined legal and tax experience you can rest assured that your legal and tax issues are in capable hands.
It is painfully evident that with our current economic crisis that is crippling homeowners and main street, that consumers need a personal advocate in their corner to help fight against their creditors. The legal document assistants at the Loss Mitigations LLC Firm are those advocates for their clients, and are committed to zealously representing and protecting their clients from financial distress.

We have a team of educated, experienced and friendly attorneys, each of whom brings different levels of experience to the table to effectively and diligently represent our clients in the areas of Bankruptcy, Foreclosure, and Real Estate Law. Our network of Attorneys are outgoing and enjoy interacting with and assisting our clients with their legal needs in an efficient, responsive and affordable manner. With nearly half a century of combined legal experience you can rest assured that your legal issues are in capable hands.
  
We have deep roots in the communities we represent and the firm and all of our attorneys and staff are actively involved in many community events, sponsorships and philanthropic events. Our firm stands for a steadfast commitment to quality and excellence in everything we do—a commitment reflected in the continued success and well-being of our clients.

We invite you to explore our website as there is a lot of information on the various areas of law that we practice, but please note that the information contained herein should be not construed as legal or tax or financial advice, or replied upon as such and is for informational purposes only.

Background

Our Firm is a highly regarded legal assistant and (Only for Attorneys); paralegal firm providing client-focused, interdisciplinary services that result in high-value legal counsel for our clients. Our firm has been around for years and has enjoyed consistent growth since inception, even through the difficult economy. This is thanks to a strong referral base, a strong indicator of our proficiency and manner in assisting our clients. We have a very high standard of care and accuracy in providing our clients with legal services, this high standard of care is evident in the large number of referrals we enjoy from previous satisfied clients and is the reason we have enjoyed the growth that we have. We strive to be a “one-stop solution” for our clients, assisting them with as many of their legal needs as possible, with experienced attorneys there to lend a hand in each area.

Excellence

As a law firm that realizes the positive impact we can have on our clients quality of life, we are passionately committed to going above and beyond the call to action in an effort to resolve our clients legal issues and get for them the best possible outcome to their legal dilemma. We execute this commitment to our clients with excellence and professional integrity and by setting a high standard of care and customer service for each of our team members. Every member of the Firm's family is asked to take a Pledge of Excellence where they resolve to uphold and abide by following our core company values: Dedication, Diligence and Integrity.

Commitment and Ethics

From receptionists to our legal assistants to paralegals to Senior Attorneys, every staff member and attorney associated with Loss Mitigations LLC Firm prides themselves on their dedication and commitment to serving our clients, being responsive, professional, and caring, practicing law but realizing there is a human component and clients need compassion and empathy as well. We conduct our business and legal matters in the highest accordance with the standards and code of ethics set forth by our governing agencies.

Customer Relationships

At Our Firm, our vision is to demonstrate to the disenchanted client how highly motivated and service oriented attorneys can provide immense value and service to the client, making the clients experience as pleasant as possible depending on the circumstances. We strive to provide a comfortable and comprehensive understanding of the legal process to our clients by answering any of their questions doubts or concerns through-out the process of representation. We operate as a highly symbiotic and functional team, attorneys and staff working side by side in order to provide valuable direction and advice for our clients.
 
Charity

The Firm is committed to the communities in which we live, work and represents clients. We have deep roots in the communities we represent and the firm and all of our attorneys and staff are actively involved in many community events, sponsorships and philanthropic events. Our firm stands for a steadfast commitment to quality and excellence in everything we do—a commitment reflected in the continued success and well-being of our clients. From donating free legal services to charity events to serving on the board of directors for important non-profits and giving generous donations, we encourage our staff and attorneys to devote their time and energy to the cause of the greater good. 

"LOSS MITIGATIONS HAS EVEN EARN A PROCLAMATION FROM THE SAN FRANCISCO BOARD OF SUPERVISORS FOR ITS COMMITTEMENT TO EXCELLENCE IN PROVIDING PROBONO LEGAL DOCUMENT SERVICES TO THE COMMUNITY." 
 
At Hilsz & Associates, we treat each of our clients as an individual, not a number. As millions of homeowners have become saddled with upside down mortgages and no longer have the ability to refinance into a new loan, there may be only one solution for these stressed borrowers: Litigation which includes filing an individual lawsuit may be one of the preferred solutions to force the lender to do what you want rather than beg them. If your loan modification was unsuccessful then this is the answer.

As a premier Financial Advisory Firm, we recognize that those who come to us seeking legal and financial assistance are doing so because there is a problem or circumstance with their mortgage where guidance or justice is needed. Because of this, our staff serve our clients with the common understanding that the clients come to us because they have suffered or are suffering an injustice by their lender that needs redress. Simply put, each client comes to us with a problem that needs to be fixed. Whether victims of mortgage fraud, hardship or injustice for which we will seek a recovery, we are here to deliver the results that you deserve.

Loss Mitigations LLC. Located in San Francisco – LM is a world apart from the typical financial professional.

No cash or valuables are stored on premise to minimize the risk of theft or safety.


In the 1930’s, when San Francisco pawn shops were concentrated on 3rd street, Our founder wasn’t even born, recently he saw the need and realized there was a market for a different kind of pawn brokerage and secure storage vault. Instead of a dimly lit storefront operation where a pawnbroker sits behind a wire-enclosed booth making loans over the counter, Carl envisioned a place with the look and feel of a fine jewelry store, where the pawnbroker always wears a suit and tie, where business is conducted in private offices, and where the client’s valuables are securely kept in a bank vault.


And he was just the man to do it. A snappy dresser, a gentleman, and a finance lender whose family had been in the lending, casino and finance business for four generations, Carl chose San Francisco as the site for his new lending firm. Loss Mitigations LLC was a place where executives and affluent down on their luck, short of funds or asset rich and cash poor; could discreetly pawn their assets for quick cash without being seen walking in or out of a street level pawn shop.


Loss Mitigations LLC has been in business since January of 2009 and is a well established firm with a long list of middle class clients. Carl knew that in a town as image-conscious as San Francisco, discretion is essential, so Loss Mitigations LLC made confidentiality its inviolable rule. This decision has served Loss Mitigations LLC well. No name of any client has ever been revealed without his or her permission. Carl often said, “If I go to a party and am introduced to someone who’s a client, I pretend I never saw him before. That’s why we continue to have loyal customers coming back to us for years.”


Carl has become one of the most respected men in the San Francisco loan industry. He was now in a position to address his long held dream to help make the pawn business a respected industry. Carl is improving the pawnbroker industry in San Francisco through education, legislation, compliance and work closely with law enforcement; to reduce stole property and aid in enforcement. Determined to make the SFPA a success, Carl is scheduling meetings to encourage other San Francisco pawnbrokers to join this organization and to adhere to its code of ethics and attend monthly meetings with SFPD permits division and chief liaison.

Loss Mitigations LLC intends to hiring additional staff to expand and computerizing the company’s record keeping. Carl became the embodiment of the upscale pawn firm.

Loss Mitigations LLC partners and associates has been featured in People, Los Angeles Times, Newsweek, New York Times, Wall Street Journal.


As a registered and bonded legal assistant, Loss Mitigations LLC is still run as a family business.


There are serious gaps in security and safety at banks and financial institutions, and they don’t provide complete privacy, confidentiality, or protection. We do. The one-of-a-kind facilities were designed to be the strongest, and most secure of their kind in the world. And they are. You are invited to visit us


Loss Mitigations LLC Difference
 

Loss Mitigations LLC has priviously been an upscale collateral lender, specializing in large pawn loans against autos, gold, jewelry, diamonds, watches, fine art and entertainment memorabilia.


Loss Mitigations LLC also sells jewelry and watches at “dealer prices” to the public from our discreet office building location. We have been coined by the media as the “The Alternative Lending Firm for the Asset Rich; Cash Poor ™ Clients,” as a result of our high-end clientele and our emphasis on safety and customer confidentiality.  Although we have been asked by many reporters, from People Magazine to CNN to the Today Show, to reveal names, we have never done so and we never will – your security and privacy is our number one concern.


What sets Loss Mitigations LLC a collateral lender apart from all other pawn shops?


Family owned and operated in a Secure Building with Too many differences to list but here just a few to intrigue you to schedule an appointment to discuss your private matter.
 

  • No pawn loan amount too large or too small
  • Pawn loans against all valuable assets including but not limited to  personal property, auto titles, gold, jewelry, watches, as well as fine art and memorabilia
  • Bank vault security of precious collateral
  • Strict confidentiality; private offices suites
  • No pawn loans sold without notification
  • Purchase and sell estate and antique jewelry
  • Certified gemologists and experts in the field on staff
  • Se Habla Español


For your protection and ours, Loss Mitigations LLC can have an armed guard on-site upon request. Our offices are further protected by state of the art security devices, which are wired into the Police Department, located only a few blocks away. All collateral is stored in our private safe located inside a Bank Vault.


Our clients’ privacy is paramount. We never voluntarily disclose any information about our clients or their transactions. Loss Mitigations LLC’s unique location in San Francisco is meant to protect the anonymity of our clientele.  Although we have been asked many times by many reporters, to reveal names, we have never done so.


Our one-of-a kind facility was designed and built to be the finest, strongest, and most secure of its kind in the world. And it is. We invite you to visit us and see for yourself. For your peace of mind, you really should let us protect your valuable assets.

Loss Mitigations LLC is in the process of expanding to a next generation model that will afford it to transact Nationwide and Store its clients valuables in a local fully secured and insured facility.


A safe deposit box in a bank or other financial institution is not the safest, most secure — nor most confidential — place to store your most precious and irreplaceable valuables and records. Theft is not uncommon, and millions are seized annually from safe deposit boxes by the IRS and California State Franchise Tax Board.


Our partners facility is built like Fort Knox, presenting almost impossible obstacles to a thief. Our procedures have been carefully constructed to provide maximum personal safety for our customers and protection from any unauthorized access — and authorization can come only from you, or a court order. This is because ours is a private facility where the uncompromising security and safety of your valuables is matched by complete and total confidentiality (to the point that we do not need nor require Social Security Numbers). Our proven, traditional methods do not require computers, making us hacker-proof.


Private depository — total safety, security, and protection for your irreplaceable valuables and personal or business records.

Loss Mitigations, LLC has more than several hundred affiliates and clients, including Legal Aide Societies, Corporations, Non Profits, and many other organizations that assist clients directly.

PLEASE BE ADVISED: Our firm does not target homeowners or borrowers as a foreclosure consultant.  Please consult your Attorney and recommend using our services if you are a homeowner in need of our services or contact our office for a referral to one of our many nationwide Attorneys in the Loss Mitigations, LLC network.


CALL OUR STAFF @ 1-888-4-LOSS-MIT


DISCLAIMER - Loss MITIGATIONS, LLC IS EXCLUSIVELY A BUSINESS-TO-BUSINESS LITIGATION SUPPORT COMPANY. OUR SERVICE IS PROVIDED TO LICENSED ATTORNEYS ONLY. WE DO NOT ASSIST HOMEOWNERS/BORROWERS IN FORECLOSURE. IT IS ILLEGAL FOR FORECLOSURE CONSULTANTS AND BUSINESSES TO CHARGE UP-FRONT FEES FOR THEIR SERVICES. ADDITIONALLY, INDIVIDUALS AND BUSINESSES OFFERING MORTGAGE-FORECLOSURE CONSULTING, LOAN-MODIFICATION AND FORECLOSURE-ASSISTANCE SERVICES MUST REGISTER WITH THE CALIFORNIA ATTORNEY GENERAL’S OFFICE AND POST A BOND.


LOSS MITIGATIONS, LLC is a network of experienced expert witnesses, litigation support paralegals, certified forensic loan auditors, and foreclose defense experts specializing in the research and analysis needed to provide attorneys with the Quiet Title, TRO, Unlawful Detainer, Bankruptcy, Forensic Loan Audits, Qualified Written Requests and other tools to defend against to even the playing field with Lenders and successfully negotiate (1) Principal Reductions, (2) Interest rate Reductions and (3) Loan Settlements on behalf of  their homeowner clients.

Loss Mitigations LLC was established by a top-notch certified mortgage planning specialist, paralegal, and legal document assistant;  with a commitment to making the legal system accessible to all. We provide affordable, quality legal document services to businesses and individuals handling their own legal matters without a lawyer. Our self-help legal services are concentrated primarily in the areas of business entity formation and management, estate planning and administration, real property transfers, civil litigation and construction law. Loss Mitigations LLC is a bonded and registered legal document assistant (LDA), as required under California law. Our paralegal services are offered to solo attorneys and small firms with specific, project-based needs.

So You Want to Join the LOSS MITIGATIONS LLC Team ?

On behalf of the Business Development Team we would like to welcome you to the LOSS MITIGATIONS LLC ORGANIZATION. We are excited about the opportunity to join forces with you in serving struggling families through an extremely challenging time in their lives.


Loss Mitigations LLC is committed to helping families avoid the pressure of foreclosure through a variety of Loss Mitigation strategies.


With cutting-edge technology and an unsurpassed commitment to customer service, our number one objective is to truly partner alongside homeowners in order to provide them with an affordable solution to staying in their homes.


Loss Mitigations LLC will continue to expand and enhance our opportunity to serve struggling Americans. Your partnership is a critical component to explore every means to serving our customers' needs.


To find out more information about joining our team, please contact us at the information listed below.


Communicate with our firm: Email us your resume and a business plan info@lossmitigationsllc.com and Schedule an interview toll free at 888-4-LOSS-MIT with inquiries. We are expanding nationwide and working with non profit debt and credit agencies to address clients needs.


We are actively seeking to hire Attorney and Paralegals with Loss Mitigation experience i.e. ATTORNEYS, PARALEGALS, CPA'S, TAX RESOLUTION,  DEBT SETTLEMENT,  BANKRUPTCY, RECRUITERS, CERTIFIED FINANCIAL PLANNERS, MORTGAGE PROFESSIONAL AND LEGAL DOCUMENT ASSISTANTS  WITH ETHICS !

OUR TEAM IS LEAD BY LOSS MITIGATIONS EXPERTS

The Firms FAQ: 
 
Why should I retain a law firm in contract with Loss Mitigations LLC ? 
 
We are a Legal Assistant and Paralegal Firm in compliance of business and professions code 6400-6450 that is committed and dedicated to helping our law firm clients. If you are a wealthy real estate developer or a homeowner in default facing foreclosure, our team is well versed and experienced in the areas of distress real estate, mortgages and foreclosures. Our firm has the experience, compliance and qualifications necessary to assist in you.
 
Why should I choose Loss Mitigations LLC over other Firms that provide similar services?
 
We understand that other companies may be claiming to provide "legal services," however, it is advisable to stay away from companies claiming that they provide "legal service" when they are not a Paralegal Firm in contract with a Law Firm in Good standings with the state bar association. These companies are prone to be operating illegally. Check with your local authorities and the state bar for referrals and always request LOSS MITIGATIONS LLC

It is all to easy to forget that the same brokers and loan officers that placed many homeowners into the situation that they are in are the same people claiming that they can get you out of your situation.
 
We have an experienced and dedicated team that will help you get back on your feet. We understand the position that you are in and our goal is to help you save your home from foreclosure.

What can I do to save my home, and how long does the process take?

We will examine your individual financial situation and find you a realistic solution that meets your objectives.

One of our options in the battle with mortgage companies is the Truth in Lending Act ("TILA") and the Real Estate Settlement Procedures Act ("RESPA"). These are guidelines mortgage companies must follow when originating loans. Nearly every residential mortgage loan has TILA and/or RESPA violations that can be used as leverage in negotiations, or litigation.

The following circumstances may affect your process' length of time:

•Your mortgage company
•Your type of loan
•Your financial capability
•The seriousness of the delinquency
•Your reason for default (if applicable)
 
What is foreclosure?

A legal proceeding in which a lender repossesses a property because the homeowner has defaulted on the payments.

What should I do if someone comes to my house?

Investors or your lender's representatives may come to your property to evaluate the condition of the collateral on your mortgage. When you become a client of the law firm you will receive a document from us that you may provide to anyone inspecting your property. The document states that an attorney represents you and all communication should be redirected to us.

Why do I receive a lot of mail regarding my foreclosure and how do companies get my info?

A foreclosure process by judicial sale is done under the supervision of a court and the proceedings are public record. The foreclosure information, including names and addresses, may be retrieved from these records.
 
How will I know my best option?
 
There will be many options and the law firm will walk you through all of them to find the option that will suite you the best. Your options are dependent on your mortgage default reason, income, liabilities, expenses, assets, lender, and loan type. To provide you with the best solution, an analysis of all your documents is critical.

Why did my mortgage company refuse my mortgage payment?

In the case that you miss a mortgage payment. Most lenders will not accept a payment less than the entire amount which would include the late fees. This has created a problem that is hard to get around for many clients. There are legal ways to address these situations.

How long is the foreclosure process?

The timeframe for the foreclosure process varies from state to state. You need to keep in mind that the longer you wait, the more court costs, late charges, and foreclosing attorney fees will add up.

In utilizing the loss mitigation option to bring an asset current, can the mortgagee include all fees and corporate advances?

Mortgagee Letter 2008-21 states in part: Legal fees and related foreclosure costs for work actually completed and applicable to the current default episode may be capitalized into the modified principal balance.
 
May a mortgagee perform an interior inspection of the property if they have concerns about property condition?

Yes, per Mortgagee Letter 2000-05, page 20, the mortgagee may conduct any review it deems necessary to verify that the property has no physical conditions which adversely impact the mortgagor's continued ability to support the modified mortgage payment.

Can a mortgagee include late charges in a loan modification?

 Mortgagee Letter 2008-21 states that accrued late charges should be waived by the mortgagee at the time of a loan modification.

When utilizing a loan modification option, can a mortgagee capitalize an escrow advance for Homeowner's Association fees?

HUD Handbook 4330.1 REV-5, Paragraph 2-1, Section B, Escrow Obligations states: Mortgagees must also escrow funds for those items which, if not paid, would create liens on the property positioned ahead of the FHA-insured mortgage.

Is there a new basis interest rate which mortgagees may assess when completing a loan modification?

Yes, Mortgagee Letter 2009-35 states that the Mortgagee shall reduce the loan modification note rate to the current market rate. Please refer to Mortgagee Letter 2009-35 for more details.

Are mortgagees required to re-amortize the total amount due over 360 month period?
 
Yes, per Mortgagee Letter 2009-35, the Mortgagee must re-amortize the total unpaid amount due over a 360 month period from the due date of the first installment required under the modified mortgage.

What date is utilized when determining the correct interest rate for a loan modification?

The date the Mortgagee approves the loan modification (all verification completed and servicing notes documented, reported to SFDMS) is the date that Mortgagees are to use in determining the interest rate.

Will HUD subordinate a partial claim should a mortgagor subsequently default and qualify for a loan modification?

If a mortgagor subsequently defaults and qualifies for a loan modification, HUD will subordinate the partial claim.
 
Are mortgagees required to perform an escrow analysis when completing a loan modification?

Yes, mortgagees are to perform a retroactive escrow analysis at the time of the loan modification to ensure that the delinquent payments being capitalized reflect the actual escrow requirements required for those months capitalized.

Can a mortgagee qualify an asset for the loan modification option when the mortgagor is unemployed and the spouse is employed, but the spouse’s name is not on the mortgage?

Based upon this scenario, the mortgagee should conduct a financial review of the household income and expenses to determine if surplus income is sufficient to meet the new modified mortgage payment, but insufficient to pay back the arrearage. Once this process has been completed the mortgagee should then consult with their legal counsel to determine if the asset is eligible for a loan modification since the spouse is not on the original mortgage.

IF YOU STILL HAVE QUESTION FEEL FREE TO SCHEDULE A FREE 15 MINUTE INTERVIEW.


The Martindale-Hubbell Peer Review Ratings system is based on the confidential opinions of members of the Bar and the Judiciary, including both those who are rated and those who are not.  Martindale-Hubbell representatives conduct personal interviews to discuss lawyers under review with other members of the Bar. A compilation of these opinions from various sources is necessary to form a consensus, and lawyers under review are sometimes asked to provide professional references to assist with the process. In addition, confidential questionnaires are sent to lawyers and judges in the same geographic location and/or area of practice as the lawyer being rated. Members of the Bar are instructed to assess their colleague's legal ability and general ethical standards.


There are two components to each Martindale-Hubbell Peer Review Rating:


Legal Ability Ratings- Legal Ability Ratings take into consideration the standard of professional ability in the area where the lawyer practices, the lawyer's expertise, and other professional qualifications. If a lawyer's practice is limited or specialized, Peer Review Ratings are based on performance in those specific fields of law.


Legal Ability Ratings are:


C- Good to High

B- High to Very High

A- Very High to Preeminent


General Ethical Standards Rating - The General Ethical Standards Rating denotes adherence to professional standards of conduct and ethics, reliability, diligence and other criteria relevant to the discharge of professional responsibilities.


The General Recommendation Rating is as follows:


V- Very High


A lawyer will not receive a Legal Ability Rating unless he or she has been endorsed for a "AV."


When both categories of Peer Review Ratings are confirmed, a lawyer receives a CV, BV or AV Rating.


CV Peer Review Rating— an excellent first Rating and a statement of a lawyer's above average ability and very high ethics.


BV Peer Review Rating— an indication of an exemplary reputation and well-established practice. A typical lawyer is in mid-career, with a significant client base and high professional standing.


AV Peer Review Rating— shows that a lawyer has reached the height of professional excellence. He or she has usually practiced law for many years, and is recognized for the highest levels of skill and integrity.


LOSS MITIGATIONS LLC THE NATIONS LEADING PARALEGAL EXPERTS IN THE AREA OF LENDER LITIGATION, BANKRUPTCY, DEBT INVALIDATION, CREDIT IMPROVEMENT AND OTHER LOSS MITIGATION SOLUTIONS.


What is a Legal Loan Audit and Qualified Written Request ?           CLICK HERE for Sample Legal Loan Audit


QUESTSOFT "THE INDUSTRY LEADER TRUSTED AND RESPECTED IN THE MORTGAGE AND LENDING INDUSTRY". YOU CAN EXPERIMENT WITH AN INEXPERIENCED FIRM OR A SELF INPUTTED AUDIT. YOU ONLY GET ONE CHANCE TO SETTLE YOUR DISPUTE. OUR COMPREHENSIVE REPORTS ARE PERFORMED FOR THE LEGAL AND CPA INDUSTRY.  

A loan audit is a comprehensive loan fraud/predatory lending investigation report that will identify infractions and violations committed by your lender and/or broker when they originally funded your loan. Obtaining an audit should be the first step on your quest to successfully modifying your home loan. If you are behind on your mortgage payments, facing default or foreclosure, the audit is a critical tool that can be used as leverage to argue your case with your lender(s). It will highlight laws that were broken, if any, by your broker or by your lender. In almost 100% of cases, we find violations in RESPA*, TILA*, and in some cases, egregious Article 32 Predatory Lending violations*. [RESPA = Real Estate Settlement Procedures Act. TILA = Truth-In-Lending Act. Article 32 Predatory Lending = This law is devoted to identifying certain high-cost, potentially predatory mortgage loans.] LOSS MITIGATIONS LLC DOESN'T CHARGE A FEE FOR THIS AUDIT !

You are not alone in this nationwide financial crisis. Times are extremely tough for millions of homeowners like you, and thankfully there many active laws that protect you. If you are having trouble paying your bills, your income cannot support monthly expenses and you ultimately are unable to make your mortgage payment(s), the good news is you have recourse with your lender that inevitably help you keep your home. The main goal of a loan modification is to stop foreclosure of your home. Foreclosures do not help or benefit anyone -- not even your bank. An attorney and/or law office that specializes in loan modifications and debt negotiations is your best option to assist you in this process. An attorney can make your lender act on your case in your favor, and a loan audit can only help to successfully restructure your loan.
 
What is included in my Loan Audit Report? 

•Results report of all factual findings of the audit
•Any and all applicable federal law violations
•The real terms of your loan
•Outline of hidden fees and/or commission earned by your broker and/or lender
•A complete assessment so you can pursue possible legal claims against your broker and/or lender
 
Loans with illegal terms or conditions are not enforceable. Foreclosures resulting from illegal loans are also not enforceable. The foreclosure process is stopped when litigation on a questionable loan begins. Mortgage payments are not required during the foreclosure or litigation process. Lenders will choose the most rational and fiscally sensible response when presented with the legal facts. When facing their legal options: modifying your loan, foreclosing your home, paying some high-priced attorneys to litigate, or risking stiff federal fines and penalties, the majority of lenders will choose loan modification as the most financially sensible option.

More than 50% of all mortgages are potentially ELIGIBLE to be RENEGOTIATED due to Truth in Lending Act violations according to a review of thousands of mortgage documents. The 5 most common mortgage violations that break laws within the Truth in Lending Act and Real Estate Settlement Procedure Act are: 

1. Missing paperwork. The federal Truth in Lending Act states that lenders must clearly disclose key loan terms and costs at the time of the mortgage application and home closing; however, if paperwork is missing, buyers may never see the final mortgage terms and costs. 98% of the mortgages we review include this violation.

2. Bad “good-faith” estimates. Good faith estimates are intended as documentation of mortgages and costs for buyers to compare and contrast one mortgage offer to another. However, some brokers write low-ball good faith estimates to “bait and switch” homeowners by representing that they will offer lower costs and mortgage terms, then later inserting higher interest rates, higher closing costs or mortgages that some homeowners can’t afford. We see 21% of this violation in its mortgage reviews.

3. Incorrect payment representations that drive up APRs. Unscrupulous lenders play a bit of a shell game with Truth in Lending Disclosure Statements, which are estimations of the cost of borrowing money to buy a home, the expected payments for a mortgage and other related details. When lenders fill out these documents with incorrect information, particularly in the payment section, the Annual Percentage Rate for the loan changes with each error, leaving homeowners with unexpected payment increases that can lead to foreclosures if not paid. One quarter (26 percent) of mortgages we review include this violation.

4. Double-dipping brokers. Within three days of offering a good faith mortgage estimate, brokers are supposed to reveal income to be paid outside closing, often referred to as the yield-spread premium. Unsavory brokers do not disclose the income to the borrower on the good faith estimate. The borrower finds out about the yield-spread premium at closing on the HUD-1, which he/she is paying for indirectly in the form of a higher interest rate.

5. No documentation of income. Initially designed to help the self-employed, who don’t often have a paper trail to show income history, mortgages written with little, if any, documentation of the buyer’s income enable deceitful brokers to fill in false income data. This allows borrowers to qualify for larger loans and brokers to make higher commissions. One third (33%) of mortgages reviewed by us include this violation.
 
All of this means that you have a lot of leverage to achieve better terms for your current mortgage, as lenders and their counsel are well aware of these violations.

Disclaimer:

We find that our Loss Mitigation services have been more in demand from our existing clients; we find that many of our existing clients need help renegotiating their current loan with their lender. We have noticed also that other organizations are offering similar services. Some are attorneys, some are not. In California and several other specific states, up-front fees associated with any sort of foreclosure counseling are prohibited by law (SB 94), and such services are proscribed by specific laws as to whom, and how such services may be offered. Because we want our clients and potential clients to understand what services we offer and to have realistic expectations of us, and as to possible results, we have chosen to clearly outline our policy as it pertains to the loss mitigation of homeowner residential mortgages.
 
1. We do not offer any guarantee any loss mitigation or settlement including but not limited to: loan modification, short sale, deed-in-lieu of
foreclosure, or any other desired result. Any lawyer, firm or organization that does make such a guarantee should be heavily scrutinized, if not doubted. The only guarantee we make is that we will do our best to provide the services you hired us to perform, with the full force of our firms experience and focused attention to your case, and we will not charge any fee until that service has been performed.
 
2. Law Firms are not allowed and do not to pay referral fees to non-lawyers and are not allowed to engage in any fee sharing arrangement with non-lawyers. There law firm receives referrals from several sources. Unless that source is a lawyer, the law firm does not pay any of these sources, and the sources do not in anyway speak for the firm or on our behalf. Those who refer clients to the firm are independent of the firm and may or may not be abiding by all relevant laws. Our concern is solely for our law firm clients and providing our best efforts and skilled training as paralegals to generate the best results.
 
3. Law firms do not make Promises or offer Guarantees. We provide zealous representation to those who retain our services. We strive to accomplish the results as understood by us for our clients. If we do not achieve the stated goal of the client, we do not refund any portion of the fees paid. We comply with all laws and guidelines directed at the offering of, and providing of, residential mortgage loss mitigation services, and accordingly, we do not charge any advanced or upfront fees for loan modification or any services included in SB 94 or in violation of FTC prior to the service for which we have been hired, is completed.

It is not necessary to pay a third party to arrange for a loan modification or other form of forbearance from your mortgage lender or servicer. You may call your lender directly to ask for a change in your loan terms. Nonprofit housing counseling agencies also offer these and other forms of borrower assistance free of charge. A list of nonprofit housing counseling agencies approved by the United States Department of Housing and Urban Development (HUD) is available from your local HUD office or by visiting  www.hud.
 

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