You are on page 1of 12

THE DILIGENCE GROUP, LLC ATTORNEY TRIAGE SERVICES REQUIREMENTS

The Diligence Group, LLC, offers a complimentary Triage service to our select network of Attorneys who fulfill the following document requirements and delivery instructions. Failure to follow these instructions may result in an administrative charge, or preclude us from fulfilling your Triage request. This service offers Attorneys advice and protection, in advance of accepting a client, to ensure the clients case has legitimate traction. Our Triage Report Card provides an attorney with an initial summary of findings, that may be used to determine how an attorney might proceed handling a particular clients case. This complimentary service saves the attorney time, increases the ability to achieve positive results for the client, sets proper fee expectations, and may prevent the attorney from pursuing a course of action that is inappropriate to the clients individual situation and goals.

TRIAGE OFFERINGS MENU


The Diligence Group, LLC offers a variety of Triage services to suit the evidence needs of the Attorney. Each type of Triage will require specific documentation, delivery instructions, and procedures. Please be sure the appropriate documents are submitted for each Triage type, and the documents are delivered in the manner required. Currently we offer the following types of TRIAGE services: MORTGAGE REVIEW TRIAGE APPRAISAL REVIEW TRIAGE MORTGAGE & APPRAISAL COMBO TRIAGE SHORT SALE & MODIFICATION TRIAGE

If an attorney wishes we scrutinize a clients loan documents to evidence specific harms or material defects, we can perform a CUSTOMIZED TRIAGE provided we have a precise understanding as to what the attorney is seeking, and can understand the strategy in mind- this will require a phone conversation and small consultation. The Diligence Group, LLC. diligencegroupllc@gmail.com office: (305) 814-4831

*REJECTED TRIAGE REQUESTS*


In the interest of preserving the quality of our Attorney Triage Services, keeping this service no-cost for our select professional network, and maintaining an efficient turnaround time, we have outlined specific documentation requirements below. Please note the list below is all that is required to perform an effective Triage, preliminary scrub. Please refrain from delivering more documents than are specified in the list provided below. Please review the documents in advance of transmission to ensure each document is whole (all pages are present) and that pages are in order. The following documents are mandatory for each Triage request type. Documents for review should be submitted to us via Dropbox or some other means that provides a secure method of transmitting sensitive data. We can accept email at first for Attorneys new to our network. We ask that a separate folder be prepared for each individual client and that only the documents specifically required are transmitted for the initial Triage review. Please review the documents to ensure they are whole (include all pages) and are sent in page order. Each page of a loan document bears the loan number which should be the same on each page. The loan documents are also numbered. If we receive the wrong documents for the requested Triage, or receive an incomplete list of the required documents without an explanation, we cannot proceed with the requested Triage and it will be Rejected. If there is a need to deviate from our Triage document requirements, please contact us in advance so we can prepare our intake team and underwriters.
To avoid a REJECTED Triage request, please be certain a TRIAGE COVERSHEET and checklist has been completed and delivered with the required Documents.

The Diligence Group, LLC.

diligencegroupllc@gmail.com

office: (305) 814-4831

MORTGAGE REVIEW REQUIRED TRIAGE DOCUMENTS


In short we require the following Documents to perform a Mortgage Review Triage: Loan Application Note TIL Income Documents Borrower Questionnaire/Story (brief) Coversheet & Checklist

1. LOAN APPLICATION* (UNIFORM RESIDENTIAL LOAN APPLICATION, THE 1003)


1. The information for married borrowers is combined on one loan application. Unmarried borrowers are required to provide a separate loan application, one for each borrower. Please make sure that a loan application is provided for each person who is obligated to repay the debt (see signature page of Note).

2. THE NOTE & ADDENDUMS 3. TRUTH IN LENDING (THE TIL) 4. INCOME DOCUMENTS (3 YEARS IF POSSIBLE)
We must accurately reconstruct the borrowers income, back in time, to determine if the borrowers earnings were sufficient to repay the debt, and if their repayment capacity met FNMA standards. 1. We require income documents for each borrower reflected on the Signature page of the Note be submitted. We require W-2s if the borrower is a wage-earner. 1040 Tax Returns are required for borrowers who were self-employed, or who owned rental property when the loan was granted. If tax returns are submitted, please make sure that all schedules and pages are provided, or the borrowers income cannot be accurately calculated by the underwriter. 2. Please submit income documents for the year the loan closed and the two years prior to loan closure. We need this information to determine the borrowers true debt-to-income (DTI) ratios, despite the fact the loan may have been originated by the Lender as a Stated Income Loan. I. NOTE: If the borrower was a salaried employee, and the salary changed little during the two years prior to the granting of the loan, 3 years worth of Income Documents may not be required for Triage. You will need to submit W-2s the year the loan closed and a written statement from the borrower stating his/her income was the same, or substantially the same, two years prior to loan closure. Additional income documents may be requested for the performance of the actual Analysis. II. We will also accept Tax Transcripts for salaried employees provided the borrower received no other additional income, or write-offs. III. Borrowers who earned commission income will be required to deliver Tax Returns, as a borrowers earnings can fluctuate, and income tax returns often reflect significant expenses and write-offs that have the ability to reduce a borrowers allowable earnings.

5. BORROWER QUESTIONNAIRE (See Attached Questionnaire Sheet)


1. Please tell us why the borrower considers the transaction to be predatory and provide us with the basic details in a written statement. A Basic Narrative is acceptable for the The Diligence Group, LLC. diligencegroupllc@gmail.com office: (305) 814-4831

purposes of the Triage, but we will need to be provided a detailed narrative for the Analysis. The following questions can be a good guide: I. How did you come to have this loan? II. How do you feel you were taken advantage of, treated with bias, or discriminated against? III. How have you been harmed financially? IV. Was there anything about the sales process you feel was misleading or corrupt? V. How were you Marketed To? Were you approached by the lender in regard to this loan? Were you cold called? VI. How did this loan become unaffordable? VII. Were you steered away from one loan, or discouraged to apply for a loan instrument in favor of the loan in question.

6. MORTGAGE REVIEW TRIAGE CHECKLIST & COVERSHEET


1. Please attach the Checklist Coversheet included at the end of this document NOTE regarding subordinate financing: A 2nd lien that closes simultaneously with a 1st mortgage is usually underwritten by the same lender as one unit (same loan application and credit documents will apply). A 2nd lien that closes independently of the 1st is a separate transaction. Please provide the appropriate documents and inquire about pricing as an up-charge will be applied if an Analysis is ordered for 2 separate liens.

The Diligence Group, LLC.

diligencegroupllc@gmail.com

office: (305) 814-4831

APPRAISAL REVIEW REQUIRED DOCUMENTS


In short, we only require the Appraisal from the loans origination, in addition to the Checklist:

Appraisal Checklist & Cover Sheet Borrower Questionnaire

1. THE APPRAISAL
If there is a question of the homes value at the time of loan origination, please be sure to include the original APPRAISAL for Triage; the Appraisal can be found as part of the Closing Package. Appraisals performed after closing day are not valid for the purposes of determining property value.
If Valuation is all that is in question, we only require the actual Appraisal used for the loan and property in question.

The Diligence Group, LLC.

diligencegroupllc@gmail.com

office: (305) 814-4831

COMBO APPRAISAL & MORTGAGE REVIEW REQUIRED DOCUMENTS


We strongly recommend including the Appraisal whenever submitting the Mortgage documents for Triage review. We will be able to review valuation and the loan origination, or modification simultaneously. In short we require the following Documents to perform a Mortgage & Appraisal Combo Triage: Loan Application Note TIL Income Documents Borrower Questionnaire/Story (brief) Appraisal Cover Sheet & Checklist

If possible, ALWAYS include the Appraisal in a Mortgage Review Triage- the resulting Report Card will show both a loan review and valuation review.

The Diligence Group, LLC.

diligencegroupllc@gmail.com

office: (305) 814-4831

*SHORT SALE & MODIFICATION TRIAGE REQUIRED DOCUMENTS*


*IMPORTANT*: The goal of an actual SHORT SALE REPORT is to give the homeowner the leverage
necessary to compel the Lender to agree to a Fair Market Value for the property in question. An accepted Fair Housing Complaint or Consumer Financial Protection Bureau complaint can compel the Lender to a short sale agreement. This leverage however is created by evidencing the harm in a Mortgage transaction and the modification denial history. Therefore a SHORT SALE TRIAGE is a combination of harm caused in the original mortgage transaction, the modification denials within the past 365 days, and a review of the current Fair Market Value. We will require therefore many of the documents needed for a MORTGAGE REVIEW TRIAGE. In short we require the following Documents to perform a SHORT SALE & MODIFICAITON TRIAGE: Loan Application Note TIL Income Documents Borrower Questionnaire/Story (brief) Cover Sheet & Checklist

In addition we require:

Foreclosure Documents: LIS PENDENS, NOTICE OF INTENT TO FORECLOSE etc


Current Condition of the Property Any data that may be available regarding the Subject Propertys current market

FORECLOSURE DOCUMENTS: Any documents delivered to the homeowner which would detail the
following sets of facts: Current Unpaid Principal Balance Escrow Advances Fees and Penalties Due Interest Due Remaining Loan Term

The information we need can usually be found in the following documents: 1. LIS PENDENS 2. NOTICE OF INTENT TO FORECLOSE

The Diligence Group, LLC.

diligencegroupllc@gmail.com

office: (305) 814-4831

**FAIR HOUSING COMPLAINT ADDITIONAL DOCUMENT & SITUATIONAL REQUIREMENTS**


PRIMARY RESIDENCE
Current occupancy is not an issue for a HUD complaint; however please ensure the property at loan origination was intended to be used as the borrowers PRIMARY RESIDENCE if a HUD Complaint is being considered. The Loan Application will determine occupancy type.

MODIFICATION DENIAL
An official modification DENIAL must be provided to the borrower, in writing. A written modification denial must be dated within the most recent 12 Months, in order to file a Fair Housing Complaint. A denial can also be provided in many forms: 1. DENIAL LETTER: The most obvious is a straight forward Denial letter sent by the Servicer. 2. IGNORED APPLICATION: If someone has applied for a Modification and has been ignored for more than 30 days please have proof of applying for the modification. 3. HARMFUL MODIFICATION: The borrower was granted a Modification which is not beneficial, or even financially harmful to the client. Borrowers under threat of foreclosure are under pressure and often agree to modifications which are not beneficial to their financial situation.

PROTECTED CLASS STATUS


Federal law prohibits housing discrimination based on your: Race, color, national origin, religion, sex, familial status, or disability. Please understand Age, Alternative Lifestyle, and other discrimination factors may not fall under the FHA, but may fall under ECOA and are also addressed in a Consumer Financial Protection Bureau complaint. To better understand Fair Housing Complaint eligibility please speak with a Diligence Group partner. Please be sure, if the Application does not state so already, the race, color, national origin, or disability is mentioned in the borrowers narrative to explore the possibility of discrimination.

The Diligence Group, LLC.

diligencegroupllc@gmail.com

office: (305) 814-4831

TRIAGE PROCESS & REPORT CARD DELIVERY


Once we receive the documents IN GOOD ORDER, an initial TRIAGE of the clients files will begin. All Triage preliminary reviews are performed by our Senior QC Underwriter, or a credentialed team Underwriter. A typical client file, based upon the National Averages in terms of mortgage type and size, could be Triaged within 2-3 business days. Large, detailed, and exceptional cases could take longer, and might require a nominal processing fee. A completed Triage generates a two page Report Card of Summary Findings, which can be shared electronically. Our Report Card will generate additional document requests, share our findings, and provide the Attorney with a direction relative to how the client might be handled moving forward. If warranted, we will recommend specific analysis we think would yield the most evidence to support the attorney and their respective client. Our Specialized Analyses & Services Include: 1. In-Depth Mortgage Transaction Analysis; includes origination, underwriting closing, servicing, and loan securitization processes 2. In Depth Historical Appraisal Analysis 3. In Depth Compliance Analysis 4. Document Enforceability 5. Fraud & Loan Put-Back Analysis 6. Predatory Lending & Loan Product Harm Analysis 7. Fair Housing/HUD Complaint Filing Services 8. Expert Witness Testimony Each Triage also includes a brief explanation and consult time from a Diligence Group, LLC Officer.

The Diligence Group, LLC.

diligencegroupllc@gmail.com

office: (305) 814-4831

THE DILIGENCE GROUP, LLC ATTORNEY TRIAGE SERVICES MANDATORY CHECKLIST & COVERSHEET
MORTGAGE REVIEW TRIAGE CHECKLIST
NOTE APPLICATION TIL (TRUTH IN LENDING) INCOME DOCS BORROWERS NARRATIVE HUD-1 (HIGHLY RECOMMENDED) BORROWER QUESTIONNAIRE _____ _____ _____ _____ _____ _____ _____

APPRAISAL REVIEW TRIAGE


APPRAISAL BORROWER QUESTIONNAIRE _____ _____

COMBO MORTGAGE & APPRAISAL REVIEW TRIAGE CHECKLIST


NOTE APPLICATION TIL (TRUTH IN LENDING) INCOME DOCS BORROWERS NARRATIVE HUD-1 (HIGHLY RECOMMENDED) APPRAISAL BORROWER QUESTIONNAIRE _____ _____ _____ _____ _____ _____ _____ _____

SHORT SALE & MODIFICATION REVIEW TRIAGE CHECKLIST


NOTE APPLICATION TIL (TRUTH IN LENDING) INCOME DOCS BORROWER QUESTIONNAIRE FORECLOSURE DOCUMENTS NOTICE OF INTENT &/OR LIS PENDENS _____ _____ _____ _____ _____ _____

BORROWERS NAME: PROPERTY ADDRESS: ATTORNEY:


The Diligence Group, LLC. diligencegroupllc@gmail.com office: (305) 814-4831

THE DILIGENCE GROUP, LLC TRIAGE BORROWER QUESTIONNAIRE & NARRATIVE


1. Did the loan or modification granted to the borrower cause financial harm? How was the borrower harmed?

2. Is the borrower current, in default, or in foreclosure? Why cant the borrower afford to make mortgage payments?

3. Was the borrower promised something which was not delivered? Were there any surprises about the loan, loan process, or modification process?

4. Was the borrower told to purposely miss some mortgage payments to become eligible for a Modification? Who directed the borrower to miss payments?

The Diligence Group, LLC.

diligencegroupllc@gmail.com

office: (305) 814-4831

5. Does the borrower feel taken advantage of, discriminated against, or treated differently?

6. Was the borrower pressured to sign a loan agreement without having ample time to ask questions, or review the loan in question?

7. Was the loan product the borrower received truthfully represented to them by their Loan Officer/Mortgage Broker? Or did any of their loan terms or conditions change, without warning, at signing?

Borrower Additional Comments and Story:

The Diligence Group, LLC.

diligencegroupllc@gmail.com

office: (305) 814-4831

You might also like