Here’s a step-by-step outline of the process for requesting a securitization audit on a mortgage:
Step-by-Step Guide to Requesting a Securitization Audit
Step 1: Understand What You’re Asking For
Before requesting an audit, it’s important to know what it is and why you’re doing it:
Goal: To discover if your mortgage was sold into a trust, possibly violating the terms of your original mortgage or securities law.
Uses: Defense in foreclosure, leverage in negotiating loan modifications, or proving fraud.
Step 2: Gather Your Mortgage Documents
You’ll need to collect and organize the following:
Original loan documents (note, mortgage/deed of trust)
Closing documents
Payment records
Correspondence from your lender/servicer
Notice of default, if any
Assignment records (from county recorder or MERS)
You may also want to get a copy of the PSA (Pooling and Servicing Agreement) if you already suspect the loan is securitized.
Step 3: Request a Qualified Written Request (QWR) or Debt Validation Letter
You can send a formal QWR under RESPA (Real Estate Settlement Procedures Act) or a Debt Validation Letter under the FDCPA (Fair Debt Collection Practices Act). This forces the servicer to give you more information about your loan.
Send to the servicer’s designated address, and send via certified mail with return receipt.
Your letter should ask:
Who owns your loan
Whether it was securitized
The name and address of the current note holder
The chain of assignments
Copies of the original note and all assignments
Step 4: Hire a Professional Securitization Auditor
You’ll need a credible and experienced third-party auditor who specializes in mortgage securitization.
Look for:
Someone with experience tracking MBS (mortgage-backed securities) through databases like Bloomberg Terminal, SEC EDGAR, or ABSNet.
Reports that include CUSIP numbers, trust name, PSA violations, and timeline of transfers.
Warning: Many securitization audit companies are scams. Choose a firm with good reviews and legal references (ask an attorney if unsure).
Step 5: Audit Report Review
Once completed, the securitization audit report will contain:
Name of securitization trust
Date loan was sold/transferred
Any gaps or illegal assignments
Violations of the PSA
MERS involvement
Note and deed of trust separation (if applicable)
Some auditors include expert witness services, which can be useful in court.
Step 6: Use the Audit for Your Intended Purpose
Once you have the audit, use it strategically:
As evidence in foreclosure defense
To negotiate with the bank (loan mod or settlement)
As leverage in court to prove standing issues or fraud
To expose robo-signing or illegal assignments
It’s often best to have an attorney use the audit in court filings or foreclosure responses.
Summary of What You Need
Item Purpose
Mortgage Documents Establish history
QWR / Debt Validation Force disclosure
Audit Firm Perform search
Legal Counsel Present in court
Certified Mail Create a legal paper trail
Resources
SEC EDGAR Database – For looking up PSA documents
Fannie Mae / Freddie Mac Loan Lookup Tools – See if loan was sold to GSEs
MERS ServicerID – To find servicer or investor
Great, David — here’s all three of those resources you requested to help you through the securitization audit process for a mortgage:
Here is a Template and where to find help!
-1. TEMPLATE: Qualified Written Request (QWR) / Debt Validation Letter
You can use this to demand loan ownership, assignment history, and securitization info from your loan servicer or debt collector. Send it via certified mail with a return receipt.
-Sample QWR / Debt Validation Letter
[Your Name]
[Your Address]
[City, State ZIP]
[Phone Number]
[Email Address]
[Date]
To:
[Loan Servicer Name or Debt Collector]
[Company Address]
Subject: Qualified Written Request under RESPA / Debt Validation under FDCPA
Loan Number: [Your Loan Number]
Dear [Servicer’s Name or “To Whom It May Concern”],
This is a Qualified Written Request under Section 6 of the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. § 2605(e), and a Debt Validation Request under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692g.
Please provide the following information regarding the above-referenced loan:
1. The name, address, and phone number of the current **owner or holder of the promissory note**.
2. The **complete chain of title and assignments** of the note and deed of trust/mortgage from origination to present.
3. Whether this loan has been **securitized**. If so:
– The name of the **trust** it was sold into,
– The **trustee’s name**,
– The **date of securitization**,
– The **CUSIP number**, and
– The **Pooling and Servicing Agreement (PSA)**.
4. A certified **copy of the original promissory note** with all endorsements and allonges.
5. A certified **copy of the Deed of Trust/Mortgage** and all recorded assignments.
6. The name and contact information of any **sub-servicer** or third party managing the loan.
7. Payment and transaction history on the loan.
Please treat this as a request for information under applicable laws. I request that all collection and foreclosure activities be suspended until a full response is provided.
Sincerely,
[Your Signature]
[Your Printed Name]
Enclosures: [Copy of Note, Mortgage/Deed of Trust, etc.]
Instructions:
– **Mail this via Certified Mail with Return Receipt.**
– Send it to the **designated QWR address** of the servicer (not just customer service).
– Keep copies of everything.
2. Finding a **Trustworthy Securitization Audit Provider**
Here are **reputable providers** that have been used in legal cases or recommended by attorneys:
**Top 3 Securitization Audit Services**
| Provider | Website | Notes |
|———|———|——-|
| **Mortgage Securitization Audit (MSA)** | [www.securitizationauditpro.com](https://www.securitizationauditpro.com) | Provides full audit with Bloomberg access, PSA violations, and legal-ready reports. |
| **Certified Forensic Loan Auditors (CFLA)** | [www.certifiedforensicloanauditors.com](https://www.certifiedforensicloanauditors.com) | Offers audit + expert witness services; widely used but expensive. |
| **DK Consultants** | [www.dkconsultants.info](https://www.dkconsultants.info) | Focuses on chain of title, securitization, and affidavit preparation. |
*Tips to Avoid Scams:**
– Check BBB reviews, testimonials, and lawyer references.
– Avoid anyone promising “you’ll win your case” — no audit can guarantee that.
– Make sure they pull from **Bloomberg Terminal or SEC EDGAR**, not just MERS.
Would you like me to help research **current pricing and reviews** for one of these?
3. Sample Securitization Audit Report Breakdown
Here’s a quick look at what a **good audit report** includes:
*Sections in a Securitization Audit Report**
| Section | What It Includes |
|——–|——————|
| **Executive Summary** | Overview of findings: Is the loan securitized? Was it legally transferred? |
| **Loan Information** | Borrower name, property address, loan number, origination date |
| **Securitization Search** | Trust name, CUSIP, issuance date, MBS series, trustee (e.g., Deutsche Bank, Wells Fargo) |
| **Chain of Title Analysis** | Breakdown of assignments; whether the assignments are robo-signed or fraudulent |
| **Pooling and Servicing Agreement Review** | Whether the transfer of your loan into the trust met the PSA requirements |
| **Legal Violations/Red Flags** | Summary of possible violations of TILA, RESPA, FDCPA, PSA, etc. |
| **Supporting Documents** | Screenshots from Bloomberg/EDGAR, recorded assignments, affidavit from auditor (if needed) |
Optional Add-ons:** Some firms also include:
– **Expert Witness Affidavit**
– **Bloomberg Terminal screenshots**
– **Legal strategy recommendations**