Professional Documents
Culture Documents
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.
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
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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.
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.
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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.
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If possible, ALWAYS include the Appraisal in a Mortgage Review Triage- the resulting Report Card will show both a loan review and valuation review.
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In addition we require:
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
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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.
diligencegroupllc@gmail.com
diligencegroupllc@gmail.com
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 _____ _____ _____ _____ _____ _____ _____
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?
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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?
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