Listed below are actual client cases of what happened with their foreclosures as a direct result of the evidence that was found through our audit process.
Listed below you will find actual court cases where the homeowner was able to win his/her foreclosure battle against the party foreclosing.
Some of the testimonials refer to a company named Paladin Securitization Auditors. Foreclosure Defense Programs was the national marketing firm for Paladin Securitization Auditors until the death of Chris Tuft its founder this past December. Thomas Hargreaves or Foreclosure Defense Programs was never an owner or decision maker of Paladin Securitization Auditors. FDP only did research on the documents submitted and marketed audits for Paladin Securitization Auditors at one time. Since the death of Chris Tuft and the shutting down of Paladin Securitization auditors I have since hired their senior auditor to work directly for Foreclosure Defense Programs.
Paladin Securitization Auditors has been dissolved, but Foreclosure Defense Programs still works with the companies top auditors who now provide audits to Foreclosure Defense Programs.
Foreclosure Defense Programs has hired the top auditors from Paladin to maintain only offering quality audits to homeowners and Attorney’s. Not only was Chris Tuft a business partner, he was truly a very good friend who taught me an enormous amount when it comes to offering only the most quality securitization audits in the industry.
Foreclosure Defense Programs offers both retail and wholesale, trial-ready Foreclosure Fraud Investigations, Chain of Title Analysis and sworn declaration or affidavit of our findings.
We do not offer our Investigations and Affidavits to Attorneys because most attorneys do not know how to utilize them.
And there are several reasons we do not recomend using an attorney in a foreclosure case, which we discuss in our reports.
Contact information listed below.
Media Relations Contact Thomas Hargreaves
Foreclosure Defense Programs 541-636-5369 or
Finding the Best Securitization Audit Company for Your Foreclosure Defense Cheyenne, WY — (SBWIRE) — 07/17/2012 — With no end in sight to the nation’s foreclosure crisis and banks amping up their foreclosure efforts, many homeowners are wondering if they can do anything to stop foreclosure proceedings. The answer is yes. Foreclosures can be successfully fought in court. One mortgage securitization audit firm stands far above the rest in providing securitization audits to successful defense teams – Paladin Securitization Auditors. “We are one of the only securitization audit firms in the nation whose expert witness testimony has never been challenged by the opposition in court,” a company spokesman said. “We are also one of the few securitization audit companies in the nation that successfully provide this service, simply because our auditors are actually experts in their field, backed by over 20 years of experience. They are not ‘certified’ by some fly-by-night company.” Challenging a foreclosure requires tremendous attention to detail. Paladin provides that. The company’s mortgage loan securitization audit services are the most comprehensive available. Paladin can make this claim because the staff is among the mostly highly trained in the industry. “As an example, one of Paladin’s Auditors previously worked for Encore Credit Corporation. He was one of the five founders in the formation of a nationwide wholesale mortgage lender with responsibility for coordination of a highly skilled and experienced team of mortgage professionals including, but not limited to: Corporate Services, information systems, policies and procedures, programs, licensing, compliance, underwriting, funding, services, warehousing, audit and secondary marketing, including securitization and trust reporting,” the spokesman said. A number of foreclosure defense lawyers have used Paladin to stop foreclosures and successfully settle in and out of court with lenders. “The Law Offices of Art Hoomiratana works closely with Paladin Securitization Auditors in many of our foreclosure defense cases. Paladin’s securitization audits are prepared in such a way that our attorneys have successfully and consistently used them to win punitive damages, obtain principal reductions, and secure loan modifications for many of our clients,” said Brett Patton, the spokesperson for the foreclosure defense firm.
Foreclosure Defense Programs wholesale, trial-ready securitization audits to attorneys
Homeowner Wins Foreclosure Defense Case in Pinellas County, Florida
Using a Securitization Audit A Florida Circuit Court in Pinellas Country recently dismissed the foreclosure actions against local residents Aida and Howard Hayes thanks in part to evidence found in a securitization audit. Kelley Bosecker, Esq. is the attorney who took the case. Cheyenne, WY — (SBWIRE) — 07/09/2012 — Pinellas County residents Aida and Howard Hayes found themselves part of the nationwide foreclosure process when Deutsche Bank National Trust Company attempted to foreclosure on their home. The Hayes’ hired Kelley Boseker, a local foreclosure defense attorney, who used a securitization audit purchased from Foreclosure Defense Programs of Springfield, OR to show the lender did not have the right to foreclose on their property. The securitization audit unraveled a web of forged signatures, robo-signing, and foreclosure process fraud that ultimately won the case for the Hayes’. The securitization audit that was submitted as legal evidence found that the first mortgage of $134,400 was originally financed with First NLC Financial Service, LLC. However, the Hayes’ mortgage coupons oddly directed them to make their payments to OCWEN Loan Servicing, LLC in Carol Stream, Illinois. Next, the securitization audit found that the signature on the loan from Thomas Czochanski, the Vice President and CFO of First NLC Financial Service, LLC resembled that of an employee from LSI, a well known robo-signing company. The auditor located the public records for Czochanski’s personal mortgage and found that the signatures didn’t remotely resemble each other.
The securitization auditor concluded that: “the endorsement on the Note is not genuine, and that it was most likely fabricated by Lender Processing Services, who is routinely hired by Shapiro and Fishman to produce these documents. This Note would legally still be owned by First NLC Financial Services, LLC and is in the midst of a Chapter 11 Bankruptcy as case 9:08-Bk-10632.” Other major issues noted in the securitization audit were that the Assignment of Mortgage was provided but had an “Unofficial Copy” watermark on it and was never recorded. Additionally, Shapiro & Fishman, the legal firm foreclosing on the property for the lender, prepared the Assignment of Mortgage and sent it for signature to two employees of Lender Processing Systems, Inc. who claimed to be Vice Presidents of Mortgage Electronic Registration Systems, Inc. (MERS) who is the original Mortgagee designated on the Mortgage instrument. The authority of these two individuals to execute this document was challenged, as the company they work for is not any financial institution that has had a valid interest in this loan or any financial institution claiming interest in the loan and no documentation could be produced by MERS to this end. In other words, they had no right to sign the mortgage. The judge for the foreclosure defense case has ruled in favor of Aida and Howard Hayes and supported the claim that the bank had no right to foreclose on their home. What’s even more exciting is that the Hayes’ no longer have to make payments on their first mortgage since it was shown that the bank does not own their loan. We’ll chalk this one up as a victory not only for the attorney Kelley Boseker and the homeowners Aida and Howard Hayes, but for the American People who just witnessed that there is hope for this nationwide crisis. For reference, the Case Docket Number is 522008CA013676XXCICI.
North Carolina Homeowner Uses a Securitization Audit to Obtain a Foreclosure Dismissal in Court
A North Carolina homeowner recently found himself in the middle of a nationwide epidemic when GMAC Mortgage attempted to foreclose on his home. He used a little known tool called a securitization audit to have the case dismissed.
Raleigh, NC — (SBWIRE) — 08/01/2012 — To many Americans who receive their Notice of Default after falling behind on their mortgage payments, their future as homeowners may seem bleak. A majority of families simply concede to the foreclosure process and move out, suffering tremendous financial losses and emotional distress. However, a little known tool called a securitization audit, turned one homeowner’s foreclosure nightmare into a dream come true. In North Carolina, Andrew Carlton was summoned to court for foreclosure proceedings on his $1.5 million refinance of his residence. Using a secret weapon called a “securitization audit”, provided by Paladin Securitization Auditors, Carlton’s attorney was able to use the audit to show that, “GMAC Mortgage acted in breach of Good Faith, caused undo duress, inflicted emotional distress, failed to negotiate fairly and acted with incompetence.” GMAC, the purported current Note holder, originally had the homeowners apply for a HAMP loan modification. This is a government funded program which provides assistance to homeowners seeking mortgage refinancing. However, eligibility for this program can be found on the website and limits the loan amount to $729,750. The representatives at GMAC should certainly know that a 1.5 million dollar loan would not qualify for a HAMP modification.
The securitization audit stated: “GMAC subjected the borrowers to unnecessary duress by having them apply for a program they could not be approved for. I have no idea how much time and grief this caused the Carlton’s, but it was shear incompetence to tell the borrowers to jump through hoops submit paperwork for months to cure a 1.5 million dollar mortgage with a program that doesn’t do 1.5 million dollar modifications.” More importantly, the securitization audit also illustrated that GMAC failed to show standing with respect to ownership of the debt, and may have attempted to deceive the homeowner by not disclosing the true owner of the debt. Paladin Securitization Auditor’s audit provided evidence so significant that GMAC’s foreclosure attorney voluntarily dismissed the foreclosure proceedings on April 20, 2012. Click here for the Notice of Voluntary Dismissal. The company that provided the audit, Paladin Securitization Auditors, has a history of providing trial-ready audits, which is fairly uncommon in the industry. After some research, Paladin was found to be one of the only companies in the nation that can offer securitization audits that will actually hold up in a foreclosure defense case. The reason is that their auditors typically have over 20 years of experience in the banking industry handling securities. They also provide expert witness testimony which has never been challenged by the opposition. See video here: http://youtube/8i6xMPqcL1c If only more foreclosure defense attorneys followed the road that Andrew Carlton’s has paved, perhaps the mass amounts American families who are currently facing foreclosure would stand a fighting chance. Are securitization audits the solution to the foreclosure crisis? Perhaps they are, and perhaps not. Either way, Andrew Carlton is thanking his attorney and Paladin Securitization Auditors for lifting the foreclosure burden off of his shoulders.
Securitization Audit Helps Homeowner Vacate Foreclosure Judgment in East Hampton, CT
In the midst of a foreclosure crisis that appears hopeless for most Americans, a Connecticut homeowner decided to take his foreclosure to the court system. With the help of a securitization audit he successfully vacated the judgment on home. Hampton, CT — (SBWIRE) — 08/16/2012 — In an all too common situation, a Hampton, CT homeowner found himself as just another statistic in the foreclosure crisis that’s sweeping the nation. The Bank Of New York Mellon, as Successor Trustee Under NovaStar Mortgage Funding Trust, filed foreclosure proceedings against his property on April 15, 2011. The Hampton homeowner, instead of letting the bank just take his property, hired a foreclosure attorney and obtained the services of a nationwide securitization audit company called Paladin Securitization Auditors. Paladin Securitization Auditors provided a document known as a securitization audit to the homeowner’s foreclosure attorney. The document, submitted as legal evidence in his court case, outlines the chain of custody of the mortgage note and also investigates other critical elements of the mortgage and foreclosure process, each of which help to determine the legality of the attempted foreclosure. Major discoveries from the securitization audit include: “…No Evidence of any publicly recorded Assignment of the subject Mortgage into this alleged securitization, this action would be Invalid as they have ‘No Standing’” “It should be noted that the primary document for review in an audit is the Promissory Note.
We have examined a copy of a Note for this transaction; it did not contain any Sale/Assignment Endorsement to any subsequent party. As a result, we were not able to determine if the live ‘wet-ink’ Original Note has been properly executed by the Original Lender (NovaStar Mortgage, Inc.) and into the alleged Securitization ‘The Bank of New York Mellon, as Successor Trustee under NovaStar Mortgage Funding Trust, Series 2005-2’. “Without knowledge of whether the Note and Deed have or have not become bifurcated, we cannot confirm that the foreclosure in the case at hand, would or would not be legal under applicable law.’ “the Origination of this transaction is found to be flawed due to HUD-1 showing sale price $375,000.00 ‘plus’ included Personal Property for $39,357.93, earnest money deposit shown as $39,654.45, a new loan in the Amount $372,922.00, with Cash from Borrower (his real down payment) of only $5,158.04. This deceptive issue should be highlighted in any Court action asserted by this Borrower against the Plaintiff in the ongoing Complaint case.” In layman’s terms, the current servicer attempting to foreclose on the property could not effectively show that they own the mortgage note. In addition, the securitization audit illustrated a huge amount of ambiguity in the foreclosure process that created reasonable doubt to whether NovaStar had any legal claim to foreclosure on this property. After reviewing the evidence provided by the foreclosure defense attorney, including the findings of the securitization audit, the judge for the case ruled to vacate judgment. This is a huge victory for the homeowner and for the nationwide fight against foreclosure. For now, and until NovaStar Mortgage can prove that they own the mortgage note, the homeowner can rest easy and continue to live in his home, without the burden of foreclosure or mortgage payments hanging over his head.
Sonoma County Resident Obtains a Loan Modification from Bank of America
by Means of a Securitization Audit September 11, 2012 by WireService.com Pasadena, CA –
Like many residents of Santa Rosa, Lance Guyan had been plagued by extremely high mortgage payments. He was upside down in his mortgage by almost twice what his home was valued at. Guyan did what so many residents across the nation have done an applied for a loan modification. He was turned down by Bank of America on numerous occasions and finally decided to take the road less traveled – and Won. Seeking justice, Guyan hired California Foreclosure Defense attorney Art Hoomiratana from Real Estate Law Center.org in Pasadena, CA. Going on Hoomiratana’s recommendation, Guyan obtained a securitization audit from a firm who supplies them with auditors who have a reputation for producing high quality securitization audits. In Fact, the company itself is one of the few in the Nation that can confidently say their securitization audits hold up in a court of law. A Securitization audit is a document that explores the legality of the process of bundling multiple mortgages into a single entity called a “Security” and exploits any violations of Federal Trade Commission Regulations, as well as a plethora of other foreclosure and mortgage related laws and regulations. In Guyan’s case, there were more than enough violations to intimidate Bank of America.
The audit for Guyan’s property points out that no mortgage note was provided by Bank of America upon request, which alludes to the fact that they may not be able to produce it. Additionally, a Good Faith Estimate was not provided and the exact terms of the loan could not be determined. The securitization audit also stated: The loan appears that it was initially structured for a security, but the loan number could not be located in a reverse search of 2007 securitization completed by Bank of America. It is possible the loan is not securitized, or that it was placed in a special security with another bank. Because it was combined with a CHAFA second, it may have been held in portfolio for CRA reasons” Additionally, the loan appears to fall under Predatory Lending in that: “There are questions as to the reasonableness of an interest only 40 year loan product, so that someone could qualify for payments as a first time homebuyer, at the same time putting them in a $ 1.2MM of debt on a $ 280k house…. (it) exceeds the reasonableness test.” When the Hoomiratana (the foreclosure attorney), presented this document to Bank of America’s legal department and threatened to sue, they quickly agreed to modify Guyan’s loan terms saving him $ 1036.00/month in payments which ultimately allowed Guan to avoid foreclosure. Seeing a bank crumble under pressure is hope for a nation of people that are in the same situation as Guyan. Couple that with the fact that an email and a phone call is all it took to procure the loan modification is proof that you don’t have to go to trial to avoid foreclosure.Yes sometimes the good guys do win.
Bank of America Settles with Homeowner for a Loan Modification and $332,154 in Principal Reduction Fontana, CA
California resident Hung Vy scored a landmark victory against Bank of America in the fight against foreclosure. Her weapons of choice were a securitization audit from Paladin Securitization Auditors and foreclosure defense attorney Art Hoomiratana. Fontana, CA — (SBWIRE) — 10/08/2012 — The negative amortization loan could very well be the Beelzebub of the foreclosure crisis. A staggering number of Americans were seduced into this type of mortgage loan by the allure of low monthly payments. The caveat was that the low payments only lasted for 3 or 5 years, depending on the loan. After that, the terms would “adjust”, monthly mortgage payment amounts would skyrocket, and homeowners like Huong Vy of Fontana, CA were left without a paddle. Vy however, was unwilling to “give up the ghost”, per say. Instead, she put on her armor and went to war against one of the largest banks in the nation, Bank of America. She secured the services of Art Hoomiratana from www.realestatelawcenter.org who is a seasoned foreclosure defense attorney. Hoomiratana, being all too familiar with negative amortization loans, pulled out a little known weapon called the securitization audit. If the negative amortization loan is the Beelzebub of the foreclosure crisis, then the securitization audit from Paladin Securitization Auditors can be likened to the sword of Michael. This document, when properly constructed, is considered legal evidence in a court of law – and Bank of America is well aware of this.
Paladin Securitization Auditors, when compiling the audit, found that although Vy’s loan was purportedly owned by Bank of America, there was evidence that it may have been sold to Deutsche Bank: A Servicing Transfer Notice was sent to the borrower as of July 4, 2011. The document entitled “Fair Debt Collections Practices Act and State Law Notice”. Buried in the document is a reference to the name of the creditor being DEUTSCHE BK (HARBORVIEW 2006-9). Nowhere else is there an indication that the debt is not owned by Bank of America. There is no mention of this fact in the Notice of Default or Notice of Trustee Sale. This indicates that this loan was purportedly sold to Deutsche Bank National Trust, as Trustee for the HarborView Mortgage Loan Trust 2006-9. Additionally, no record could be found of a Corporate Assignment from Mortgage Electronic Registration Systems, Inc. to Deutsche Bank as Trustee for the HarborView Mortgage Loan Trust 2006-9. Nor could the Original Note be located for review that would have shown a valid endorsement to Deutsche Bank. The issuing entity, HarborView Trust had also been sued by investors for, “improper recordkeeping, making false and misleading statements and defrauding buyers of the bonds backed by the mortgages that were securitized.” With the mountain of evidence showing that Bank of America had no standing to foreclose, they opted to settle out of court. The result was a principal reduction of $332,154, a 2% interest rate, and a reduction in monthly payments from $3447.32 to $1794.08. With Hoomiratana carrying the victor’s flag for Vy and Paladin producing audits for clients nationwide, you can be sure that the war on foreclosure has found itself new heroes.