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For Plaintiffs’ Lawyers:  With the implosion of the mortgage banking industry, you may be seeing more clients who feel they have a legal claim against either their lender, their broker, loan officer or someone who was involved in obtaining their loan. The questions you face when seeing such a new client is whether or not they have a case and, if so, against whom and under what legal theories can you proceed. Mortgage banking procedures and applicable statutes can be complex.  Our staff  has a wealth of experience in all facets of the mortgage banking industry and can help you navigate the applicable federal and state regulatory statutes for all of your legal needs.

Rather than waste hours of investigation and legal research, let MBES help you decide whether or not your client has a case, and if so, what factual and legal areas hold the most promise for recovery.  This is a great way to quickly determine whether or not the matter is worth pursuing. Furthermore, this would be a legitmate investigatory expense for your client.

In order to do this, you will need to supply us with a copy of your clients’ loan origination file from the lender as well as a written summary, prepared either by you or your clients as to what they were told or not told by their broker about their loan.  Any documents they received from their broker should also be sent along with your summary.  To obtain a copy of your client’s loan origination file, have them fill out our Loan File Request Letterin our Forms link, only instead of requesting the lender to send the file to your client, have your client designate you to be the recipient of the loan file.   In addition, we will need you to fill out and send with all of your material a Consulting/Expert Witness Agreement (“CEWA”) with the appropriate parts selected, especially in Part D of the CEWA.  The CEWA form can be filled out online by clicking our Forms link.

The documents should be sent to Mortgage Banking Expert Services, LLC, 907 Sir Francis Drake Blvd., Kentfield, Ca. 94904, Attn. Loan Review Dept., along with a check for $275.00 if you are sending only one loan file and $425.00 if you are sending two loan files.  The check should be made payable to Mortgage Banking Expert Services, LLC.  In order to preserve confidentiality, we will contact you within 7-10 business days for an oral discussion of our findings.  This will preserve our status as a consultant and thus, not be discoverable by opposing counsel. 

After this discussion, if you wish to hire MBES to provide continuing consulting services or expert witness services, either by reducing the oral discussion to a written report or by actually appearing as an expert witness for a deposition and/or trial, such services can also be arranged by completing the appropriate parts of Part D on the CEWA Form.  As stated previously, the CEWA can be filled out on-line by clicking our Forms link.  The fees for such continuing consulting/expert witness services range from $250 for a written report of the findings to hourly rates for testimony from $250/hr to $450/hr plus costs.

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