The 4-Step Forensic Audit Process
A forensic timeline is a chronological record of every interaction, payment, and transfer related to your mortgage. When a defense attorney takes your case, this is the very first thing they will look for.
Send a RESPA Qualified Written Request (QWR)
Under the Real Estate Settlement Procedures Act (RESPA), you have the federal right to demand a complete payment history and a breakdown of all fees attached to your loan.
You must send a formal letter stating that it is a "Qualified Written Request under Section 6 of RESPA." The servicer has 5 days to acknowledge it and 30 days to provide the documents.
Pull Your MERS Report
Mortgages are often sold multiple times between banks and investors. The Mortgage Electronic Registration Systems (MERS) tracks who actually owns the underlying note.
If the company trying to foreclose on you is not the company listed on the MERS report, they may lack the legal "standing" to sue you in court.
1. Go to www.mers-servicerid.org
2. Enter your property address or Social Security Number
3. Print the ownership history report
Audit for Dual-Tracking Violations
"Dual tracking" is when a bank proceeds with a foreclosure auction while simultaneously telling you they are reviewing your loss mitigation (loan modification) application. This is illegal under federal law.
To prove it, map out a timeline. If you have a FedEx receipt proving they received your loss mitigation packet on October 1st, but they filed a Notice of Trustee Sale on October 15th without officially denying your application, you have a dual-tracking violation.
Compile the Export File
Do not hand an attorney a shoebox full of loose papers. You need to organize the data so the violations are obvious at first glance.
Buy a 3-ring binder and separate it into three sections:
- Section 1: Communications Log. A spreadsheet listing every phone call date, the agent's name, and what was said.
- Section 2: Proof of Delivery. Every certified mail receipt and fax confirmation page.
- Section 3: Bank Documents. The QWR response, the MERS report, and every letter the bank sent you, ordered by date.