The Loss Mitigations LLC: Web Site is comprised of various Web pages operated by its independent relationship companies. The Loss Mitigations LLC Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Loss Mitigations LLC Web Site constitutes your agreement to all such terms, conditions, and notices.
Loss Mitigations LLC reserves the right to change the terms, conditions, and notices under which the Loss Mitigations LLC Web Site is offered, including but not limited to the charges associated with the use of Loss Mitigations LLC Web Site.
LINKS TO THIRD PARTY SITES
Loss Mitigations LLC Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Loss Mitigations LLC and is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Loss Mitigations LLC is not responsible for web casting or any other form of transmission received from any Linked Site. Loss Mitigations LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Loss Mitigations LLC or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Loss Mitigations LLC Web Site, you warrant to Loss Mitigations LLC that you will not use the Loss Mitigations LLC Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Loss Mitigations LLC Web Site in any manner which could damage, disable, overburden, or impair Loss Mitigations LLC Web Site or interfere with any other party's use and enjoyment of the Loss Mitigations LLC Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Loss Mitigations LLC Web Sites.
USE OF COMMUNICATION SERVICES
The Loss Mitigations LLC may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent or Violate any applicable laws or regulations.
Loss Mitigations LLC has no obligation to monitor the Communication Services. However, Loss Mitigations LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Loss Mitigations LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Loss Mitigations LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Loss Mitigations LLC sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Loss Mitigations LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Loss Mitigations LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Loss Mitigations LLC spokespersons, and their views do not necessarily reflect those of Loss Mitigations LLC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Loss Mitigations LLC, OR POSTED AT ANY, WEB SITE
Loss Mitigations LLC does not claim ownership of the materials you provide to Loss Mitigations LLC (including feedback and suggestions) or post, upload, input or submit to any Loss Mitigations LLC Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Loss Mitigations LLC, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Loss Mitigations LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Loss Mitigations LLC sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE LOSS MITIGATIONS LLC WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LOSSMITIGATIONS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE LOSS MITIGATIONS LLC WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE LOSS MITIGATIONS LLC WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
LOSS MITIGATIONS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE LOSS MITIGATIONS LLC WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. LOSS MITIGATIONS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT : INFO@LOSSMITIGATIONSLLC.COM
Loss Mitigations LLC reserves the right, in its sole discretion, to terminate your access to the Loss Mitigations LLC Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Francisco County, California, U.S.A. in all disputes arising out of or relating to the use of the Loss Mitigations LLC Web Site. Use of the Loss Mitigations LLC Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Loss Mitigations LLC as a result of this agreement or use of the Web Site. Loss Mitigations LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Loss Mitigations LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Loss Mitigations LLC Web Site or information provided to or gathered by Loss Mitigations LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Loss Mitigations LLC with respect to the Loss Mitigations LLC Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Loss Mitigations LLC with respect to the Loss Mitigations LLC Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Loss Mitigations LLC Web Site are: Copyright 2009-2015 Loss Mitigations LLC
and/or its independent companies / suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
Hilsz and Associates has created this privacy statement in order to demonstrate our firm commitment to privacy. What personal information is being collected. Unless this web site asks for specific personal information in order to respond to requests for information or to register uses for particular services, only the following information will be collected when you use this site: · your server address; · the date and time of your visit to the site; · the pages you accessed and the documents downloaded; · the previous site you visited; and · the type of browser you are using. This information is collected for statistical purposes and to enable us to improve the navigation functions of our web site.
Who is collecting personal information?
Where this site specifically asks for your personal information (for example to respond to requests for information or to register users for particular services), your personal information will only be collected by staff of Hilsz and Associates who have responsibility for responding to such requests or administrating such registrations.
How is personal information used?
Personal information collected on this web site will only be used for the purposes stated at the time of collection. Your personal information will not be forwarded to any third party, added to a mailing list or used for any other purpose without your consent.
Cookies can be either "persistent" or "session" based. Persistent cookies are stored on your computer, contain an expiration date, and may be used to track your browsing behavior upon return to the issuing web site. Session cookies are short-lived, are used only during a browsing session, and expire when you quit your browser. Upon closing your browser the session cookie set by this web site is destroyed and no personal information is maintained which might identify you should you visit our web site at a later date. Access to personal information collected on this site Unless required by law to do so Hilsz and Associates will only disclose personal information collected on this site to a third party if consent has been provided.
Security of personal information collected on this site
This site does not provide facilities to guarantee the secure transmission of information across the Internet. Whilst reasonable efforts are used to provide security, users should be aware that there are inherent risks in the transmission of information across the Internet.
These sites may on occasion provide links to other sites for your convenience or additional information. Hilsz and Associate is not responsible for any content or practices of these sites.
You can request access to the personal information (if any) that we keep on record. If you believe any information that we keep on record is incorrect or out of date you may request that it be corrected. There is no fee for requesting access to your information, however, we may charge you the reasonable cost of processing your request.
For further information about this Privacy Statement contact firstname.lastname@example.org .1-888-LOSS-MIT
You may have seen or heard media coverage on loan modification companies fraudulently taking monies from homeowners and not doing the loan modifications.
Regardless of whom you retain to help you with your loan modification, please do your due diligence and check out the company, attorney, and/or real estate or mortgage broker with the Federal Trade Commission, and the respective state's Attorney General, Department of Corporation, Department of Real Estate, and State Bar Association to see if they have any complaints, violations, and/or negative pending cases against them.
Past performance is no guarantee of future results nor is it a guarantee, warranty, or prediction regarding the outcome of your legal matter. Any testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Any and all interest rate reductions or success cases are for informational purposes only, and are not intended to represent results guaranteed by LOSS MITIGATIONS, LLC for any specific client. All such interest rate proposals are based on interest rate reductions obtained for previous clients, and do not represent, or guarantee a rate reduction for any specific client.
Client further understands that LOSS MITIGATIONS, LLC does not guarantee a successful settlement or outcome in the instant matter. Furthermore, this information is not intended to create an attorney-client relationship.
LMLLC Code of Ethics
LOSS MITIGATIONS LLC (LMLLC), A Paralegal, Legal Document and Expert Witness in the Loss Mitigations industry; to produce an intensive certification program entitled: Certified Loss Mitigations Auditor (CLMA). Believing in the worth and dignity of each forensic loan auditor, LMLLC recognizes the supreme importance of the pursuit of truth, devotion to excellence, and the nurture of the democratic principles. LMLLC brings accountability, trust, intelligence and integrity to all parties involved in the mortgage loan litigation and audit process. These parties include, but are not limited to: processors, underwriters, closers, borrowers, sellers, loan auditors, attorneys, real estate agents, brokers and appraisers. Essential to these goals is the protection of freedom to learn and to audit loans, and the guarantee of equal opportunity for all. The LMLLC accepts the responsibility to adhere to the highest ethical standards.
The LMLLC also recognizes the magnitude of the responsibility inherent in the loan audit process. The desire for the respect and confidence of one's colleagues, of borrower’s, of vendors, and of the fellow members of the LMLLC community provides the incentive to attain and maintain the highest possible degree of ethical conduct. The Code of Ethics of the forensic loan auditing profession indicates the aspiration of all mortgage professionals and provides standards by which to judge conduct. The remedies specified by LMLLC and/or its affiliates for the violation of any provision of this Code shall be exclusive and no such provision shall be enforceable in any form other than the one specifically designated by LMLLC or its affiliates.
The Code of Ethics of the LOSS MITIGATIONS LLC (LMLLC) applies only to LMLLC members with a LMLLC Certified Loss Mitigations Auditor (CLMA)) designation, and is enforceable solely by LMLLC or its affiliates. The primary purpose of this Code of Ethics is to support LMLLC’s mission, which is the advancement of knowledge and practice in the lender litigation profession. LMLLC can succeed in this mission only if it has integrity in the mortgage communities and with the general public and is viewed as a credible, objective and unbiased force whose statements, activities and relationships are beyond reproach.
LMLLC recognizes that there are many ethical issues facing loan auditors in the fields of loan litigations auditing, which are not covered by this Code of Ethics. LMLLC has not attempted in this Code to set forth a position regarding all ethical issues, which its members may face in their day-to-day professional activities. Rather, the purpose of this Code is to speak to those ethical matters that bear directly on LMLLC's educational mission and to those activities that relate to that mission.
It should be noted that this Code authorizes LMLLC to invoke its enforcement (LMLLC revocation) in connection with any of Code violation. LMLLC reserves the right to exercise such authority in the event that it determines that doing so is in its best interests or that of its members.
LMLLC believes that this Code of Ethics must adapt as LMLLC's needs and those of the forensic loan auditor communities which it serves changes. As circumstances and needs change, LMLLC may determine that it should alter the scope of this Code. For this reason, LMLLC is committed to revising this Code from time to time as circumstances warrant. In this regard, LMLLC welcomes comment and input from its LMLLC members.
Commitment to the Profession
The lender litigation profession is vested with a trust and responsibility requiring the highest ideals of professional service. In the belief that the quality of the services of the representation directly influences all parties involved (i.e. attorney, broker, vendors, etc.) the LMLLC shall exert every effort to raise professional standards, to promote a climate that encourages the exercise of professional judgment, to achieve conditions that attract persons worthy of the trust to careers in lender litigation, and to assist in preventing the practice of the profession by unqualified persons.
In Fulfillment of the Obligation to the Profession, the LMLLC…
I. Shall not in an application for a professional position deliberately make a false statement or fail to disclose a material fact related to competency and qualifications.
II. Shall not misrepresent his/her professional qualifications.
III. Shall not assist any entry into the profession of a person known to be unqualified in respect to character, education, or other relevant attribute.
IV. Shall not knowingly make a false statement concerning the qualifications of a candidate for a professional position.
V. Shall not assist a person in the unauthorized practice of law,violation of the state bar rules of ethics or any state or federal laws.
VI. Shall not disclose information about colleagues, borrowers, vendors, clients, etc. obtained in the course of professional service unless disclosure serves a compelling professional purpose or is required by law.
VII. Shall not knowingly make false or malicious statements about a colleague, client, borrower, vendor, etc.
VIII. Shall not accept any gratuity, gift, or favor that might impair or appear to influence professional decisions or action.
IX. Shall not knowingly commit mortgage fraud or criminal behavior of any kind.
LMLLC Ethical Requirements, the LMLLC…
I. Shall maintain fair and professional business practice towards peers and customers at all times.
II. Shall offer services to customers that are lawful and ethical.
III. Shall freely provide service information in a manner that promotes and preserves the principle of freedom of choice for customers in a fully informed environment.
IV. Shall not mislead or seek to deceive customers regarding advertising, content, operation or billing of services.
V. Shall take all reasonable steps to ensure the protection of minors from exploitation in any manner including exposure to inappropriate service content.
LOSS MITIGATIONS LLC DISCLAIMER
1. LMLLC is a for profit paralegal and legal assistance firm NOT owned, operated or affiliated with the U.S. Federal Government, State Banking Department, State Government, HUD.gov or FHA.gov.
2. LMLLC does NOT purport to offer a U.S. Government or State Banking Department issued certification. Instead, the CLMA certification is solely a LMLLC issued certification.
LOSS MITIGATIONS, LLC IS A BONE FIDE PARALEGAL FIRM ACCORDING TO BUSINESS AND PROFESSIONS CODE 6450 AND IS EXCLUSIVELY A PARALEGAL-TO-ATTORNEY LITIGATION SUPPORT COMPANY. OUR SERVICE IS PROVIDED TO LICENSED ATTORNEYS AND LAW FIRMS ONLY. WE DO NOT ASSIST HOMEOWNERS/BORROWERS OR THE GENERAL PUBLIC IN FORECLOSURE.
NOTE: It is illegal for non-attorneys, loan-modification consultants and businesses to charge home owners/borrowers and the general public 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 $100,000 bond. SB 94 and the New FTC rules govern the manner in which businesses and or non attorneys may collect up front or advanced fees from the general public.
LOSS MITIGATIONS, LLC IS A REGISTERED, BONDED AND INSURED LEGAL DOCUMENT FIRM ACCORDING TO BUSINESS AND PROFESSIONS CODE 6410
Loss Mitigations does not participate in the following:
1. Unauthorized Practice of Law: No person shall practice law in California unless the person is an active member of the State Bar. Cal. Bus. & Prof. § 6125. The “practice of law” includes giving legal advice and advertising or holding oneself as an attorney or entitled to practice law when in fact such person is not an active member of the State Bar. See Birbower, Montalbano, Candon & Frank, P.C. v. Sup. Ct., 17 Cal. 4th 119, 128 (1998); Bus. & Prof. § 6126(a).
2. Unlawful Solicitation: Unlawful solicitations include using firm names, trade names, fictitious names or other professional designations falsely stating or implying that you have a relationship with another lawyer or law firm. CRPC § 1-400(E). Additionally, the State Bar Act makes it unlawful for any person to act as a runner or capper for an attorney or to solicit any business for an attorney in any public place or upon private property. Bus. & Prof. § 6152(a)(1). The term “runner or capper” refers to anyone acting for consideration as an agent of an attorney or law firm in the solicitation or procurement of business for the attorney or firm. Bus. & Prof. § 6151(a).
3. Trademark Infringement: Use of a firm name that is confusingly similar to a trade name or trademark already in use by someone else may constitute trademark infringement and unfair competition. Law firm names are protected under the same general principles as other trade names and trademarks. Lyon v. Lyon, 245 Cal. 2d 519, 528 (1966).Any company that does not have a bone fide written agreement with Loss Mitigations LLC should Cease and Desist in the use of the name and likeness of Loss Mitigations LLC. This includes refraining from using email addresses and taking down web addresses confusingly similar these names. Any web content on Loss Mitigations LLC site is intended to be referenced by licensed attorneys only as stated in the legal disclaimer. The general public and non-attorneys should not rely on or view this information as legal advise or a solicitation under the purview of the state bar solicitation rules 400. Loss Mitigations LLC has not produced or authorized the creation or distribution of any such marketing material containing the name and likeness of any attorney / law firm it provides paralegal services to. Loss Mitigations LLC will be forced to take legal action against you and seek all aforementioned remedies to the fullest extent of the law. Your cooperation is appreciated.
The materials contained in this site are a conglomeration of information made available to Loss Mitigations LLC by its legal, debt, credit, tax, insurance, financial, and Loss Mitigations network of companies, as well as Loss Mitigations LLC analysis and summary of services. The purpose of the information provided on this site is to provide Loss Mitigations LLC staff, agents and contractors with a quick guide to services available through Loss Mitigations LLC network.
While Loss Mitigations LLC makes every effort to maintain the accuracy of information provided on this site, Loss Mitigations LLC DOES NOT GUARANTEE the accuracy of information provided on this site and is NOT RESPONSIBLE FOR ERRORS AND OMISSIONS. All information should be verified with Loss Mitigations clients ie. The Firms that Loss Mitigations LLC is in contract with. Agents and Staff using this site may not quote fees, provide legal, tax, real estate, insurance, credit or any other professional advise.