The practice of aggregating multiple types of debt instruments (assets), such as mortgages and other consumer loans, and selling them as bonds to investors is known as securitization. Asset-backed security (ABS) or collateralized debt obligation is the name given to a bond created in this manner (CDO). The bond is referred to as mortgage-backed security if the debt instrument pool comprises mostly mortgages (MBS). The holders of these securities are entitled to receive principal and interest payments on the obligations they are backed by.

Lenders benefit from securitization because it offers liquidity and allows them to diversify their holdings to reduce risk. The securitized pool of debt instruments is separated and sold into smaller portions known as tranches. Each tranch reflects a claim to a part of the underlying debt instruments’ receipts. Tranching allows smaller investors to purchase these products while also allowing lenders to generate more money by selling them to a larger market.

ABSs are frequently made up of various debt instruments, such as mortgages, credit card debt, vehicle loans, and so on. The complexity of the mixture can make assessing the security’s riskiness difficult for an investor who buys a piece of it.

The securitization of mortgages into MBSs financed most of the surge in subprime lending that occurred in the United States in the 1990s. Subprime mortgages, which were issued to households with weak credit records, made up a large share of the mortgages securitized at this time.

The mortgage-securitization market was severely harmed by the financial crisis of 2007–08 and the subsequent Great Recession. As the number of defaults on subprime mortgages increased, MBSs backed by subprime mortgages became worthless. The Federal Reserve, the US central bank, began buying MBSs from investors through a series of quantitative easing (QE) operations to provide essential liquidity to the financial markets.

As the financial markets gradually recovered, banks and other financial institutions began to reintroduce securitization as a way to profit from their growing portfolios of new mortgages and refinances. Nonetheless, to maintain adequate liquidity, the Federal Reserve continued to buy MBSs from the market for several years following the recovery.

Securitization Audit by Bloomberg

This is a trial-ready evidence package that can be utilized to support a quiet title case, wrongful foreclosure lawsuit, or the removal of mortgage liens in bankruptcy.

The Bloomberg Securitization Complete Report contains the following information:

• Details & Participants in the Securitization
• Details & Participants in Transactions
• Prospectus (copied)
• A copy of the Pooling and Servicing Agreement is attached.
• Analysis of MERS
• Summary of the Report
• Affidavit of an Expert Witness
• Analysis of the entire chain of titles
• Robo-Signer Analysis in its Entirety
• Complete Assignment/Conveyance Analysis and Indorsement Analysis
• Analysis of Entity Verification
• Summary of the Entire Report
• Affidavit of an Expert Witness (signed & notarized by a subject matter expert)

Avoiding auditing scammers

1. FRAUD STOPPERS Evaluates “RESPA” Violations The Real Estate Settlement Procedures Act (RESPA) was enacted in 1974 as a consumer protection law. It requires lenders to provide borrowers with a reasonable faith estimate (GFE) of all closing costs. It was created to protect borrowers from having to pay “hidden fees” at the time of closure. In many circumstances, RESPA violations result in

   • Statutory Damages,
   • Attorney’s fees, and
   • Treble Damages [i.e., three times the amount.]

2. The Truth in Lending Act (TILA) requires lenders to disclose the loan terms, including the total amount of the loan, the yearly interest rate, and the number, amount, and due dates of all payments required to repay the loan. In addition, the TILA mandates additional disclosures and imposes other limits on mortgages. Rescission of the loan is the most commonly sought remedy under TILA.

3. FRAUD STOPPERS evaluates state and high local costs for violations of the “HOEPA” Home Ownership Equity Protection Act. High-cost thresholds are set by the federal government (HOEPA), states, and municipal governments. The loan data acquired during a forensic loan audit is compared to the determined high-cost thresholds outlined by the Home Ownership and Equity Protection Act (HOEPA) and appropriate state and municipal jurisdictions.

The terms “abusive lending” and “predatory lending” are commonly used to describe various lending activities. Although the circumstances must be considered when determining whether a loan is predatory, one of the most common characteristics of predatory lending is the aggressive marketing of credit to prospective borrowers who cannot afford the credit on the terms being given. While a disregard for basic loan underwriting criteria is at the heart of predatory lending, the marketing of such credit may also include a range of other activities.

Targeting

They are targeting elderly borrowers and those who are not financially sophisticated or who may be exposed to abusive activities with inappropriate or excessively priced credit products, and those who could qualify for mainstream credit products and terms. Signs of fraud activities:

• High debt-to-income ratios

  This is the practice of accepting loans with high debt ratios, typically 50% or higher, without first determining the borrower’s genuine ability to repay the loan. This is frequently seen with Prime borrowers who have been authorized via Automated Underwriting Systems.

• Loans with a high loan-to-value ratio

  Borrowers with little or no equity in their house are eligible for these loans. Usually, adjustable-rate mortgages that the borrower will be unable to refinance due to a lack of equity when the rate increases.

• Loan Documents Were Fraudulently Caused to Be Executed

  Plaintiffs only qualified for an adjustable-rate mortgage loan at the initial teaser fixed rate, and they were unable to be eligible for the loan once the interest rate terms changed.

• Underwriting Without Due Diligence

  It is underwritten by the person who originated the loan without conducting due diligence. There is no realistic means test to determine whether or not the borrower will be able to repay the loan. Income or asset paperwork is lacking, as is job verification. Loans with stated payment or no paperwork are most common; however, full documentation loans are still possible.

• Loan Programs That Aren’t Appropriate

  It is significantly more expensive in fees, charges, and interest rates than alternative financing options available to the borrower. Prime consumers placed in subprime, negative, or interest-only loans are examples. Amount terms in which the borrower will never be able to repay the loan.