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Tila Solutions Wants to Charge Me for a Loan Audit. Is This a Good Idea? – Marilyn

“Dear Steve,

I sent you a message several weeks ago concerning UFAN. I have read two of the posts where you answered questions about this entity, so I went with my intuition and the advice posted and did not proceed.

I had inquired a about lawsuits against HSBC, my current mortgage holder. Briefly, my situation was created when I was unfairly fired from my job in July 2008, ending a 36 year career as an xray tech. I have been unsuccessful in getting reemployed in my profession, for many reasons that I will not share here.

Due to my severe depression, and an unsuccessfull suicide attempt, I was able to get on permanent disability, and I receive $1950 per month, and also have a $226 per month pension from a job I had for 22 years, until that hospital closed.

I made several really bad decisions in my life which contributed to my bad situation–first, I married a deadbeat that I had contributed at least $48,000 to at the time of our divorce in 1999, which I received $0.

Second, in the early 1990′s we decided to combine a first and second mortgage, the most problematic mistake since the mortgage would have been paid off in 2008. Third, I refinanced into a 125% mortgage, ARM, in 2005 which I changed to a fixed 6.5 in 2006.

The house was overappraised in that refi, so now my mortgage of $164,000 is for a house I estimate is worth $90,000 or $100,000 due to many cosmetic problems that my now late ex husband never addressed like he promised. When I was fired, HSBD did give me a mod, but I only could make payments for about 6 months until my IRA ran out. I made partial payments, caught up when my ex died in 2009, got behind again and missed three payments OCt NOV DEC 2009, received foreclosure sale notice in Jan 2010. Filed CHAP 13BK but couldn’t keep up payments when I couldn’t finish online transcription course.

In Jan 2011 I got about $20,000 back disability pay, $15,000 went to catch up mortgage, but during that time HSBC raised my payment almost $200 per m onth, saying taxes and ins (escrowed)went up, but ins only went up $150 per year, and taxes did not go up at all.

A company MyHome Support did a loan mod free, did a mini loan audit, it was evaluated by a law firm Precision Law Center for a cost of $998, found multiple violations. MHS said HSBC admitted they could not produce the required paperwork proving they owned the loan, so they gave me a quick mod (temporary, which is the only kind HSBC does) in which they lowered int from 6.5% to 5.25%, and payments from $1678 to $1506 per month, but so far I have not received this in writing, despite H SBC’s promise it would be sent to me.

Also, a lot of my unsecured debt of $40,000 was because I owned three horses, and multiple dogs, all rescues from being killed. I spend very little on myself, shop in thrift stores, drive old cars and have old computer, TV and stereo. I still have three dogs.

I cannot refinance, due to my horrible credit, I am paying on the largest unsecured debt of $20,000, ($50/month). I do not have money even to declare bankruptcy, even making bare minimum payments to a lawyer. To leave this house to rent would mean one or two of the dogs would have to be surrendered, which would be a death sentence since none of them are adoptable (two have significant bite histories).

My house is the only remnant of my former (employed) life, and I really do want to keep it, even though I live next to the neighbor from hell who I share a driveway with (another long story).I need help.

I have been in contact with another law firm (Triton Law, same phone # as Hays Law Center who told me they would pursue a securitization lawsuit, for $495 PER MONTH until suit was settled, or $5000 flat fee.

I have read lots of things that make me leery of this law firm, but I cannot afford either payment anyway. I found a company, Tila Solutions, www.tila-now.com, who will do a loan audit for $2800 to see if the loan was securitized (they said HSBC did securitize most if not all their mortgages) and they could recommend a “paralegal firm” which could file create documents to allow me to file a “quiet title”lawsuit pro se.

I see dead ends wherever I look, is this quiet title lawsuit something that would be reasonable to attempt? I really have no idea what to do. Can you address this matter with me directly or do I need to wait for you to answer the question in your newsletter.

I appreciate anything you can do to help me, I have no one else I can turn to. No one in my family or my friends can help me financially.

Marilyn”

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The Answer

Dear Marilyn,

It seems to me what we have here are two completely separate issues. The first is some potential loan problem. The second is your current financial situation.

On the loan issue you need to know that any action you take now will not save your home from foreclosure and may take years and years to work through the courts. As someone told me today, the first of these mass mortgage suits, Ronald v. Bank of America is nearing two years and it is still in a pre-trial phase.

So let’s say you pay any company $3,000 to look at your mortgage and even if they say there is a problem, how do you plan to make the mortgage so you can stay in your home while it is being fought for the next foreseeable years?

It seems you may be faced with deciding if what you need more at this point is a multi-year battle with your mortgage company without any guarantee of success, or going for a fresh start and getting your life to fit within your income.

You can either do this on your terms and proactively seek help from a bankruptcy attorney who would probably tell you to turn the house back to the bank before filing bankruptcy. Or you can wait till you are kicked out of your house and then try to figure it out.

I am a bit puzzled that you say you have money to pay Triton Law Group or Hays Law Center but not for bankruptcy. That doesn’t see to add up. Based on your history and current situation it seems the most important thing you need now is a lower stress solution for your life you can afford moving forward.

Please post your responses and follow-up messages to me on this in the comments section below.

Big Hug!

Tila Solutions Wants to Charge Me for a Loan Audit. Is This a Good Idea?   Marilyn
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Tila Solutions Wants to Charge Me for a Loan Audit. Is This a Good Idea? - Marilyn by

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About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.
  • BusOnline Ticket

     Loan audit is a good idea for students and its solution. Useful post. Apply for Home Loan

  • Lehmanlaw2002

    TILA-SOLUTIONS and MORTGAGE AUDITS ONLINE are both “Pretenders”.  Moreover, no homeowner should be contracting directly with anyone but an attorney for these types of services.

  • John_blasser

    Tila Solutions charges almost 3000.00 for two audits when I heard you can buy these SAME audits from a company in Florida (John Northrop – Mortgage Audits Online) for like 3 or 400.00!  Tila Charges 10 X that amount and does what? They refer you to a group that can ‘possibly’ get you Quiet Title, or do a mod?  Seriously?  This is highway robbery!  

    I went with an attorney in California and he has already filed suit on my lender for lack of standing in the foreclosure.  Tila seems to WAAAAAY overcharge.  I would shop around.  If all you are getting is an audit, or two, contact their source – Mortgage Audits Online.  

    Ziggy

  • John_blasser

    Tila Solutions charges almost 3000.00 for two audits when I heard you can buy these SAME audits from a company in Florida (John Northrop – Mortgage Audits Online) for like 3 or 400.00!  Tila Charges 10 X that amount and does what? They refer you to a group that can ‘possibly’ get you Quiet Title, or do a mod?  Seriously?  This is highway robbery!  

    I went with an attorney in California and he has already filed suit on my lender for lack of standing in the foreclosure.  Tila seems to WAAAAAY overcharge.  I would shop around.  If all you are getting is an audit, or two, contact their source – Mortgage Audits Online.  

    Ziggy

  • Kristin Crone

    Actually Steve, as a bankruptcy attorney I would like to correct you.  I would NEVER tell one of my clients to turn the property over to the bank before they are kicked out.  To educate you on bankruptcy without giving legal advice (by applying specific facts to the law), when you file bankruptcy there is an automatic stay that arises (unless you file multiple times in a year but that is for another discussion).  That stay prohibits ALL collection activity of the creditors.  In order for a bank to foreclose when a homeowner has filed bankruptcy (bk), it must first make a motion for relief from stay.  There are some differences between Chapters 7 and 13 here, but essentially if you can’t make your mortgage payments the stay will be lifted as to your lender and they will be able to move forward with foreclosure proceedings.  This doesn’t mean they get to skip steps to foreclose. 

    Let me give you an example of what I mean.  If you are in California, the banks can use non-judicial foreclosure.  Non-judicial foreclosure requires certain steps.  They have to issue a Notice of Default and wait a certain number of days.  After the waiting period, they have to issue a Notice of Trustee Sale which sets a sale date.  The sale date must be a certain number of days out.  After the waiting period, they can then hold the foreclosure sale.  After the foreclosure sale, they must send an eviction notice – then wait a set amount of time.  After that time elapses, they have to file an unlawful detainer action against you in order to be granted a writ for the sheriff to finally come physically kick you out of your home.  So, if you file bankruptcy after a Notice of Default has been issued, the bank still has to go through the other steps. 

    The stay may or may not prolong the process depending on when – in the foreclosure process - the petition is filed.  If a Notice of Trustee Sale has been issued prior to filing, a new one may not need to be issued for instance. I will never file a bankruptcy for the sole purpose of prolonging a foreclosure sale, but such is sometimes an ancilary benefit of a filing.  You should always discuss proper timing of a filing the petition with a bankruptcy attorney to ensure you receive the maximum benefit.

    That said, I would also like to say that you should never post so many intimate details of your situation on a public forum.  There is no priviledge or confidentiality for these posts and the things you say could be used against you. 

    As a generalization, facts that point the finger somewhere other than the bank could be used against you if you were ever to sue the bank.  The bank could find this post and say for instance, “Plaintiff can’t afford the mortgage because she lost her job – not because we put her in a bad mortgage.” Granted, the bank could potentially learn that fact through other means, but do you want to make it so easy for them?

    I don’t give legal advice over public forums so I cannot comment on the particulars of your facts.  I can only give you general legal education.  There are some instances in which loan audits are useful and I have used them a few times in my own practice.  But, those instances are few and far between.  Furthermore, a loan audit in and of itself is not going to help you one bit.  They are simply informational.  If you want to know if you have a case against the lender, you should speak with an attorney.  Only an attorney can assess the strength of your case.  And most of the really relevant information only comes out during the discovery phase of litigation.  Discovery allows the attorney to get information in possession of the other side.  So, for instance, I could request loan related records and documents from the bank.

    Furthermore, if you cannot afford ANY kind of payment on your home and your financial situation is not likely to turn around in the near future, you are likely going to lose your home.  The question is really when and not if in that circumstance.   

    Of course I am biased, but I do not believe a non-attorney can enter into litigation and come out a winner.  I’ve seen many of these paralegal groups at work.  They prepare the documents for filing and then the client is on his/her own in the litigation.  Honestly, it’s my opinion that this may constitute the unauthorized practice of law – but that’s another matter.  Many attorneys do not understand the litigation process.  Only very seasoned attorneys are really good at it.  It’s a game and there are lots of rules.  The rules are sometimes even dependent on the particular judge you are assigned.  I see clients all the time who have entered into litigation and then have sought our assistance.  I would not go into litigation without an attorney. 

    I hate to self-promote, but for lack of better advice to give: you need a consultation with a good and trustworthy attorney.  I have several very honest attorneys on staff and we do not require (or accept) payment prior to consultation.  The consultation is complementary.  UFAN offers many options for distressed homeowners:  litigation and bankruptcy mainly.  But, one of our attorneys will happily discuss all of the options you have available to you and will be candid about the likelihood of success with each.  In regard to bk, we have a consultant with whom we work who was a trustee for 20 years.  He works for several bankruptcy firms accross the country and often thinks of options others overlook.  There may be no way to keep your home, but at least you can make an informed decision as to how to proceed.  If you’re interested in a consultation, please contact UFAN at [email protected] or call 916-794-0944 (toll free 877-791-2247).  I am sorry you had a poor experience with UFAN in the past.  Perhaps we can make it up to you by providing some direction for the future.

    • http://GetOutOfDebt.org Steve Rhode

      I understand that but the point I was making is if you are going to get a fresh start and move on, don’t drag it out, wrap up the past issues and move forward to a better life. Why live in the stress?

      I think what you are saying is that Tila Solutions, Hays Law Center and Triton Law Group and not attorney groups? You made the statement about paralegal groups. So are they deceptively posing as legitimate law firms?

      As I said, she should consult with a licensed bankruptcy in her state to discuss her situation.

      But do you see some another path to pursue that will allow her to keep her house long term when it appears she is not able to save, has no emergency fund, and is making it at least month-to-month?

      Is this the time to enter a fight over the mortgage or deal with the debt?

      Regarding the posting, let’s not scare her needlessly. The poster is not identifiable and we don’t even know if they used their real name.

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