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Law Offices of David M. Schlachter, LLC

973 272-4768 / 845 200-2001 . . . . . . . . . . . . . . . . . . . . . . . . . Se Habla Español!

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Do Not Let Your Bank Get Away With It's Malfeasance!
America is a great land of opportunity. We have a justice system of laws that keep big business and individual homeowners on a level playing field. However, a homeowner can only enforce his or her rights if they are actually proactive about it. 

For the past decade mortgage backed securities and the frenzy to lend money has led banks to conduct business sloppily and against government regulation. Banks have induced borrowers into debt beyond the borrowers' ability to repay, have enticed borrowers into loans with bad terms, and have mishandled the filing and storing of vital mortgage and loan date (such as the Note, assignments and allonges).

Banks have also been notorious for delaying loan modification processing, losing paperwork, and forcing borrowers to restart the process repeatedly. Banks will not voluntarily fix their wrongdoing. It is up to the borrower to enforce his or her rights. We will enforce your rights.

Issues that have arisen include Robosigning, wrongful indebtedness, falsifying documents, losing original Notes and Mortgage, bad loan terms, and Predatory Lending practices. Additional issues have arisen in banks purposely and wrongfully delaying modification and creating excess debt, making it impossible for borrowers to reinstate their loans.

Law Offices of David M. Schlachter, LLC is experienced in litigation claims against banking institutions. We do not take a relaxed approach but fight hard for our client's rights to restructure or payoff their loans appropriately and economically. We will also help you decide which Court is right for your case. We can litigate in the local state court or we can remove foreclosure proceedings, and initiate litigation in federal court, as well.

Securitized or Forensic Audit

We start with the Audit (capital A). Law Offices of David M. Schlachter, LLC internally audits all the loan documents of a mortgage and takes a detailed history of the loan. The loan checks for government regulation and state law compliance. The purpose is to expose all of the bank's, servicer's, and trust's liability. With proper defenses to foreclosure and claims to move forward against the banking entities, a borrower is armed with the tools to obtain the borrower's rightful relief.

The full audit includes:

Document tracking

Closing Document Review

Mortgage debt to Mortgage Application calculations

Securities and Exchange Commission Search

Pooling and Servicing Agreements

Note and Mortgage Terms

Allonges and Assignments

Indorsements

Robosigning

Delays in modification processing
Litigation

Borrowers DO have rights to defend themselves against bad loans and banking company malfeasance. Instead of taking a relaxed approach, litigation can provide you with your rightful relief. Whether you are in foreclosure or are current, you can make claims against your bank.

If you are in foreclosure you can defend the foreclosure and bring counterclaims. If you are current or in default but not yet in foreclosure you can sue your bank for liability. In this way we can work out the rightful repayment terms.

Claims include:

Robosigning

Delays in modification processing

Bait and Switch tactics in offering 'bad' modification

Falsifying documents

Losing original 'we ink' Note and/or Mortgage

Splitting up the Note and Mortgage

MERS assigning documents beyond its scope of duties

Miscalculating payment history and payoff amounts

Wrongful indebtedness

Predatory Lending Practices