Case Opening Review
Unlocking Solutions Through a Comprehensive Mortgage Analysis
McDonnell Property Analytics (“MPA”) advises new clients to commence their journey with a Case Opening Review, serving as an initial, flat-fee service that lays the foundation for our ongoing collaboration. This introductory process allows us to gain insight into your mortgage-related challenges, enabling us to identify potential solutions.
The Case Opening Review encompasses four key stages, each contributing to a holistic understanding of your situation:
Client Interview
Our journey begins with an in-depth conversation with you, our valued client. During this phase, we collect crucial details about your mortgage history, issues, and concerns.
Documentation Gathering
We collaborate with you to gather essential documentation that sheds light on your mortgage and its associated intricacies. The completeness of this documentation is pivotal to our ability to assist you effectively.
Research and Analysis
Our dedicated team conducts thorough research and analyzes all available documentary evidence. This rigorous investigation is the cornerstone of our ability to provide meaningful insights and recommendations.
Case Opening Review Conference
The final stage of the Case Opening Review involves a comprehensive conference. During this interactive session, we present our findings, address your queries, and provide tailored recommendations. All stakeholders, including attorneys, family members, and advisors, are encouraged to participate in this conference.
Explore Our Case Studies
Unveiling a Bait and Switch Scheme
A California client approached MPA with a preliminary Truth In Lending Disclosure Statement and an Adjustable Rate Note detailing a complex negative amortization mortgage loan of $635,000. Upon meticulous examination, we unearthed a staggering discrepancy: the Truth In Lending Disclosure Statement had understated the Finance Charge by $1,466,317.30. This revelation enabled us to demonstrate conclusively to the judge that a bait and switch tactic had been employed in altering the loan terms at closing. As a result, the judge declared the Note and Deed of Trust unenforceable.
Challenging a Wrongful Foreclosure
In Arizona, our clients faced the distressing aftermath of a foreclosure executed by Wilmington Trust, National Association, as Trustee for the Structured Asset Securities Corporation Trust 2005-10. Suspecting a wrongful foreclosure, our clients sought our assistance. Through meticulous investigation, we established that their mortgage loan had been securitized into the Lehman XS Trust, Series 2005-10, and that the incorrect entity had initiated the nonjudicial foreclosure action. This discovery provided substantial grounds to overturn the foreclosure. However, due to a prior settlement agreement between the borrowers and Wilmington Trust, albeit as Trustee for a different Trust, the judge ruled against our clients.
Voiding a Foreclosure
Recent Massachusetts clients turned to us in a final effort to halt a post-foreclosure eviction from their residence. Our inquiries yielded two pre-acceleration Notices of Default that did not adhere strictly to the language of paragraph 22 of the Mortgage (“Paragraph 22 Notice”). In a strikingly similar case, the Massachusetts Supreme Judicial Court had invalidated a lender’s foreclosure because the Paragraph 22 Notice failed to inform the borrower of their “right to bring a court action to assert the non-existence of a default or any other defense…to acceleration and sale” (Pinti v. Emigrant Mortg. Co., 33 N.E.3d 1213, 472 Mass. 226 (Mass., 2015)). In addition to this critical defect, our Financial Forensics Examination revealed that the lender’s Notices contained inaccuracies and exceeded the amount necessary to cure the default by a substantial $15,156.44. Consequently, we built a strong case for dismissing the eviction action and voiding the underlying foreclosure.
Conclusion
MPA’s Case Opening Review culminates in a recorded video or telephone conference. During this session, we elucidate our findings, address your queries comprehensively, and provide tailored recommendations. All documents and data gathered during our research session are delivered to you for your reference and future actions.
Embark on your journey toward resolving mortgage-related challenges with MPA’s Case Opening Review as your first step to informed decision-making.
Learn more about McDonnell Property Analytics
To learn more about how McDonnell Property Analytics may be of assistance to you, please explore our website and check out our case studies. You can contact us at (774) 323-0892.
