Qualified Written Request

A Qualified Written Request (also know as a "QWR" is a written demand to the homeowner's servicing company.  After receive a Qualified Written Request, the servicing company has 20 days to respond to the request and forward a copy of all loan documentation on file.  The servicing companies also have to suspend all reporting activity to the major credit bureaus, and then resolve the issue within (60) days.  Federal RESPA laws require the servicing companies to comply and respond within this specified time frame.

A Qualified Written Request is generated by our attorneys and submitted to your servicer(s) for every file prior to the Forensic Mortgage Document Audit.

Forensic Mortgage Document Audit

A Forensic Mortgage Document Audit is a comprehensive investigation of the documentation from the homeowner's existing mortgage(s).  We utilize special state and federal mortgage loan post compliance software to calculate and identify violations, which compiles the results into a detailed report.

The Forensic Mortgage Document Audit is a significant part of a loan modification request submitted on behalf of the homeowner.  Well over 85% of the audits performed reveal major TILA (Truth in Lending Act), RESPA (Real Estate Settlement Procedures Act), Predatory Lending, and Real Estate / Mortgage Fraud violations.

In come cases, if the homeowner is simply overcharged by only $35.00 on the final HUD-1, or if the annual percentage rate (APR) is only .125% higher than what was originally disclosed, there may be a violation of the Truth in Lending Act.  This now gives First National Mortgage Solutions the leverage when negotiating with the lender and more than enough incentive for the lenders to grant a beneficial loan modification.

Forensic Mortgage Document Audit The Number One Goal of the Mortgage Audit is to determine whether there were Violations of Federal Law.

If these violations are found, then the borrower may be eligible for complete relief of the predatory loan or a very favorable loan modification. Complete relief of the predatory mortgage is called as a loan rescission. Meaning the lender takes back the "predatory loan" and awards or credits back to the borrower all interest made on payments thus far, loan origination fees, all applicable lenders fees, penalties and attorney's fees.

Homeowner's Requirements for a Forensic Mortgage Document Audit

What separates First National Mortgage Solutions from other companies is our comprehensive audit of your mortgage loans.  We look for any violations of State and Federal laws, or fraudulent activities on the part of the originator, broker, escrow company, title company, and notary.  In order to complete the audit, we will need all of the documentation signed and / or provided during your loan transaction.  These items include any and all document from / to the broker, loan officer, lender, escrow, realtor and any party involved in your transaction.

• Final Closing Statement (HUD-1)
• Estimated Closing Statement (signed at doc signing)
• Lender's Instructions
• Note & All Riders and / or Addendums (Prepayment Penalty, ARM, Balloon, etc.)
• Deed of Trust, Mortgage & All Riders
• TIL (Truth-in-Lending Statement – Initial and Final)
• Itemization of Amount Financed
• Good Faith Estimate (May have received several - please include all provided)
• Notice of Right to Cancel (if Refinance Loan)
• Adjustable Rate Mortgage (ARM) Disclosures
• Loan Application (1003 – Initial and Final)
• Lock-in Agreement
• Purchase Contract and All Addendums / Counter Offers
• Escrow Instructions
• Commission Instructions
• Grant Deed(s)
• Preliminary Title Report
• Complete Appraisal and Invoice
• Any and All Documents you have from your Loan Package
• Initial Loan Disclosures provide by Broker and / or Lender
• All Correspondence (Letters, Emails, Faxes, etc.)
• All other documentation not listed above

If you have any items not listed above, be sure to include those documents as well.  More is always better than less when performing a Forensic Mortgage Document Audit.

Time is of the Essence ...