
Our service is focused on providing Law Firms and Mortgage Professionals the most highly reliable and dependable "Forensic Loan Document and Securitization Compliance Analyses" in the industry, as well as Qualified Written Requests, Demand Letters, Notice of Rescission letters, Securitization Audits, Civil Complaints, Temporary Restraining orders to "Stop the Sale", Lis Pendens, and other litigation support to licensed Attorneys.
Analysis and Data Collection
Fidelity Funding Corp. specializes in the research and analysis needed to provide attorneys and real estate professionals with a total package support that they need to even the playing field with Lenders.
We do not use any software products to generate our Forensic Loan Document and Securitization Compliance Analysis. Each file is carefully, manually, reviewed to determine the violations and our Certified Auditors generate a competent and thorough analysis based on factual determinations.
Software Can Never Uncover All Violations
Which is why our service our so unique and so important. Software cannot read the dozens of pages of loan documents you received during your closing. It takes a human to perform the analysis manually. The software is merely a tool which allows us to create a litigation-ready detailed report for our clients.
Our service includes an extensive forensic loan document review of your Real Estate Documents to uncover TILA, RESPA, Civil Code, Business & Professions Code, and many other State and Federal Violations by the Lender in areas such as Fraud, Predatory Lending, Unfair Business Practices, Disclosures, and many others for the purpose of (1) Principal Reduction, (2) Interest Reduction, and (3) Loan Modification.
This package includes a Qualified Written Request to the Lender or "QWR" which is a demand letter outlining the violations found in the Forensic Loan Document and Securitization Compliance Analysis, which necessitates a response from the Lender within 20 business days.
Download sample Forensic Loan Document & Securitization Compliance Analysis
Demand Letters
At the heart of our QWR/Demand Letters is each of the following allegations:
- Notice of Intent to File Civil Action pursuant to Code of Civil Procedure
- Notice of Rescission
- Summary of the MATERIAL defects found by the Analysist in the loan docs in summary legal form, such as:
- Violations of Truth in Lending Act
- Violations of the Real Estate Settlement Procedures Act
- Violations Of Equal Opportunity/ Discrimination
- Breach of Fiduciary Duty (in most states)
- Breach of the Implied Covenant of Good Faith & Fair Dealing
- Violation of other Civil Codes
- Violation of Underwriting Standards (e.g., stated income loans)
- Predatory Lending Indications
- Fraud allegations
- MERS & Securitization
Qualified Written Requests (QWR)
FFC will provide our customers with Qualified Written Requests to the Lender for documentation, and Qualified Written Demands to the Lender necessitating a formal response, pursuant to RESPA. Qualified Written Demands are demand letters which outline the material violations, breaches of duties, and deficiencies found by our experienced Audit department. The Demand will also include a list of Borrower Demands to the Lender and the potential Borrower Remedies, including rescission.
Civil Complaints
There is no reason to be in the dark, or spend countless hours trying to prepare Qualified Written Requests, research and draft complaints in State or Federal courts, or prepare discovery on behalf of your clients. FFC has a team of experienced litigators and litigation support staff that can immediately assist you with each of the following tasks:
- Drafting Complaints in State or Federal Court
- Lis Pendens
- Demand Letters
- Qualified Written Requests to Lenders
- 12(b)6 Oppositions
- Oppositions to Demurrer/ Motion[s] to Strike
- Real Estate Discovery Packages