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COMPLETED SETTLEMENTS FROM CLIENTS [Click Here]

 

LEGAL DISCLOSURES AND COMPLIANCE POLICY [Click Here] Please review disclosures prior to executing the retainer agreement 

 

We hold our law firms clients privacy in the highest of confidence, in order to ensure their attorney/client confidentiality all clients names and property/mortgage inferences have been blacked out.

 

The results shown above are not indicative of a result that you may receive as all cases and clients financial situations are different.  We do not guarantee any results or that you will get a lender settlement, short sale approved, principal reduction, or any other outcome, etc. We no longer assist homeowners in contacting their lender for a loan modification due to SB 94 and FTC rulings. Be careful of any company or lawyer that gives you a guarantee in writing as they are impossible to give as ultimately the final decision rests with the lender.

 

 

Compliance

DISCLAIMER: (Loss Mitigations LLC) makes no guarantees regarding income; Loss Mitigations LLC will provide you everything required to earn income as a Net Branch. Applying that knowledge is up to you. You COULD earn nothing!  We are not a loan modifications company, associated with the federal government or The American Reinvestment and Renewal Act. We are not a government agency. We are not associated with any lender. - We are a document preparation company that prepares documents for consumers.  We are not lawyers can not give legal advice and do not negotiate with lenders.

We Provide a Product in all 50 States - Based on the F.T.C., M.A.R.S and SB94. Ruling
 

Click to read interpretation of the ruling.

 

The California Department of Real Estate Issues “CONSUMER ALERT” Warning Consumers About “Mass Joinder” Lawsuits and Loan Modification SCAMS.

California Department of Real Estate ** CONSUMER ALERT **

FRAUD WARNING REGARDING LAWSUIT MARKETERS REQUESTING UPFRONT FEES FOR SO-CALLED “MASS JOINDER” OR CLASS LITIGATION PROMISING EXTRAORDINARY HOME MORTGAGE RELIEF

By Wayne S. Bell, Chief Counsel, California Department of Real Estate

I. HOME MORTGAGE RELIEF THROUGH LITIGATION (and “Too Good to Be True” Claims Regarding Its Use to Avoid and/or Stop Foreclosure, Obtain Loan Principal Reduction, and to Let You Have Your Home “Free and Clear” of Any Mortgage).

This alert is written to warn consumers about marketing companies, unlicensed entities, lawyers, and so-called attorney-backed, attorney-affiliated, and lawyer referral entities that offer and sell false hope and request the payment of upfront fees for so-called “mass joinder” or class litigation  that will supposedly result  in extraordinary home mortgage relief.

The California Department of Real Estate (“DRE” or “Department”) previously issued a consumer alert and fraud warning on loan modification and foreclosure rescue scams in California.  That alert was followed by warnings and alerts regarding forensic loan audit fraud, scams in connection with short sale transactions, false and misleading designations and claims of special expertise, certifications and credentials in connection with home loan relief services, and other real estate and home loan relief scams.

The Department continues to administratively prosecute those who engage in such fraud and to work in collaboration with the California State Bar, the Federal Trade Commission, and federal, State and local criminal law enforcement authorities to bring such frauds to justice.

On October 11, 2009, Senate Bill 94 was signed into law in California, and it became effective that day.  It prohibited any person, including real estate licensees and attorneys, from charging, claiming, demanding, collecting or receiving an upfront fee from a homeowner borrower in connection with a promise to modify the borrower’s residential loan or some other form of mortgage loan forbearance.

Senate Bill 94’s prohibitions seem to have significantly impacted the rampant fraud that was occurring and escalating with respect  to the payment of upfront fees for loan modification work.

Also, forensic loan auditors must now register with the California Department of Justice and cannot accept payments in advance for their services under California law once a Notice of Default has been recorded.  There are certain exceptions for lawyers and real estate brokers.

On January 31, 2011, an important and broad advance fee ban issued by the Federal Trade Commission became effective and outlaws providers of mortgage assistance relief services from requesting or collecting advance fees from a homeowner.

Discussions about Senate Bill 94, the Federal advance  fee ban, and the Consumer Alerts of the DRE, are available on the DRE’s website atwww.dre.ca.gov.

Lawyer Exemption from the Federal Advance Fee Ban —

The advance fee ban issued by the Federal Trade Commission includes a narrow and conditional carve out for attorneys.

If lawyers meet the following four conditions, they are generally exempt from the rule:

  1. They are engaged in the practice of law, and mortgage assistance relief is part of their practice.
  2. They are licensed in the State where the consumer or the dwelling is located.
  3. They are complying with State laws and regulations governing the “same type of conduct the [FTC] rule requires”.
  4. They place any advance fees they collect in a client trust account and comply with State laws and regulations covering such accounts. This requires that client funds be kept separate from the lawyers’ personal and/or business funds until such time as the funds have been earned.

It is important to note that the exemption for lawyers discussed above does  not allow lawyers to collect money upfront for loan modifications or loan forbearance services, which advance fees are banned by the more restrictive California Senate Bill 94.

But those who continue to prey on and victimize vulnerable homeowners have not given up. They just change their  tactics and modify their sales pitches to keep taking advantage of those who are desperate to save their homes.  And some of the frauds seeking to rip off desperate homeowners are trying to use the lawyer exemption above to collect advance fees for mortgage assistance relief litigation.

This alert and warning is issued to call to your attention the often overblown and exaggerated “sales pitch(es)” regarding the supposed value of questionable “Mass Joinder” or Class Action Litigation.

Whether they call themselves Foreclosure Defense Experts, Mortgage Loan Litigators, Living Free and Clear experts, or some other official, important or impressive sounding title(s), individuals and companies are marketing their services in the State of California and on the Internet.  They are making a wide variety of claims and sales pitches, and offering impressive sounding legal  and litigation services, with quite extraordinary remedies promised, with the goal of taking and getting some of your money.

While there are lawyers and law firms which  are legitimate and qualified to handle complex class action or joinder litigation, you must be cautious and BEWARE.  And certainly check out the lawyers on the State Bar website and via other means, as discussed below in Section III. II.

QUESTIONABLE AND/OR FALSE CLAIMS OF THE SO-CALLED MORTGAGE LOAN DEFENSE OR “MASS JOINDER” AND CLASS LITIGATORS.

A.  What are the Claims/Sales Pitches?    They are many and varied, and include:

  1. You can join in a mass joinder or class action lawsuit already filed against your lender and stay in your home.  You can stop paying your lender.
  2. The mortgage loans can be stripped entirely from your home.
  3. Your payment obligation and foreclosure against your home can be stopped when the lawsuit is filed.
  4. The litigation will take the power away from your lender.
  5. A jury will side with you and against your lender.
  6. The lawsuit will give you the leverage you need to stay in your home.
  7. The lawsuit may give you the right to  rescind your home loan, or to reduce your principal.
  8. The lawsuit will help you modify your home loan.  It will give you a step up in the loan modification process.
  9. The litigation will be performed through “powerful” litigation attorney representation.
  10. Litigation attorneys are “turning the tables on lenders and getting cash settlements for homeowners”. In one Internet advertisement, the marketing materials say, “the damages sought in your behalf are nothing less than a full lien strip or in other words [sic] a free and clear house if the bank can’t produce the documents they own the note on your home.  Or at the very least, damages could be awarded that would reduce the principal balance of the note on your home to 80% of market value, and give  you a 2% interest rate for the life of the loan”.

B.  Discussion.

Please don’t be fooled by slick come-ons by scammers who just want your money. Some of the claims above might be true in a particular case, based on the facts and evidence presented before a Court or a jury, or have a ring or hint of truth, but you must carefully examine and analyze each and every one of them to determine if filing a lawsuit against your lender or joining a class or mass joinder lawsuit will have any value for you and your situation.  Be particularly skeptical of all  such claims, since agreeing to participate in 4 such litigation may require you to pay for legal or other services, often before any legal work is performed (e.g., a significant upfront retainer fee is required).

The reality is that litigation is time-consuming (with formal discovery such as depositions, interrogatories, requests for documents, requests for admissions, motions, and the like), expensive, and usually vigorously defended.  There can be no guarantees or assurances with respect to the outcome of a lawsuit.

Even if a lender or loan owner defendant were to lose at trial, it can appeal, and the entire process can take years.  Also, there is no statistical or other competent data that supports the claims that a mass joinder and class action lawsuit, even if performed by a licensed, legitimate and trained lawyer(s), will provide the remedies that the marketers promise.

There are two other important points to be made here:

First, even assuming that the lawyers can  identify fraud or other legal violations performed by your lender in the loan origination process, your loan may be owned by an investor – that is, someone other than your lender.  The investor will most assuredly argue that your claims against your originating lender do not apply against the investor (the purchaser of your loan). And even if your lender still owns the loan, they are not legally required, absent a court judgment or order, to modify your loan or to halt the foreclosure process if you are behind in your payments.  If they happen to lose the lawsuit, they can appeal, as noted above. Also, the violations discovered may be minor or inconsequential, which will not provide for any helpful remedies.

Second, and very importantly, loan modifications and other types of foreclosure relief are simply not possible for every homeowner, and the “success rate” is currently very low in California.  This is where the lawsuit marketing scammers come in and try to convince you that they offer you “a leg up”.  They falsely claim or suggest that they can guarantee to stop a foreclosure in its tracks, leave you with a home “free and clear” of any mortgage loan(s), make lofty sounding but  hollow promises, exaggerate or make bold statements regarding their litigation successes, charge you for a retainer, and leave you with less money.

III.  THE KEY HERE IS FOR YOU TO BE ON GUARD AND CHECK THE LAWYERS OUT (Know Who You Are or May Be Dealing With) – Do Your Own Homework (Avoid The Traps Set by the Litigation Marketing Frauds).

Before entering into an attorney-client relationship, or paying for “legal” or litigation services, ascertain the name of the lawyer or lawyers who will be providing the services.  Then check them out on the State Bar’s website, at www.calbar.ca.gov. Make certain that they are licensed by the State Bar of California.  If they are licensed, see if they have been disciplined.

Check them out through the Better Business Bureau to see if the Bureau has received any complaints about the lawyer, law firm or marketing firm offering the services (and remember that only lawyers can provide legal services). And please understand that this is just another resource for you to check, as the litigation services provider might be so new that the Better Business Bureau may have little or nothing on them (or something positive because of insufficient public input).

 

Check them out through a Google or related search on the Internet.  You may be amazed at what you can and will find out doing such a search.  
 
Often consumers who have been scammed will post their experiences, insights, and warnings long
before any criminal, civil or administrative action has been brought against the scammers.
 
Also, ask them lots of specific, detailed questions about their litigation experience, clients and successful results. For example, you should ask them how many mortgage-related joinder or class lawsuits they have filed  and handled through settlement or trial.  Ask them for pleadings they have filed and news stories about their so-called successes. Ask them for a list of current and past “satisfied” clients.  If they provide you with a list, call those people and ask those former clients if they would use the lawyer or law firm again.
 
Ask the lawyers if they are class action or joinder litigation specialists and ask them what specialist qualifications they have. Then ask what they will actually do for you (what specific services they will be providing and for what fees and costs). Get that in writing, and take the time to fully understand what the attorney-client contract says and what the end result will be before proceeding with the services. Remember to always ask for and demand copies of all documents that you sign.
 
IV.  CONCLUSION.
 
Mortgage rescue frauds are extremely good at selling false hope to consumers in trouble with regard to home loans. The scammers  continue to adapt and to modify their schemes as soon as their last ones became ineffective.  Promises of successes through mass joinder or class litigation are now being marketed. Please be careful, do your own diligence to  protect yourself, and be highly suspect if anyone asks you for money up front before doing any service on your behalf.  Most importantly, DON’T LET FRAUDS TAKE YOUR HARD EARNED MONEY.

BREAKING NEWS!

CA STATE BAR PUBLISHES GUIDANCE FOR LAW FIRMS ON SB 94

 

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Wading through ambiguities in language in order to interpret the legislative intent of a new law isn’t easy, but the moral of the story is that it can be done, and thanks to the combined efforts of the attorneys and other great minds that make up the Commission on Homeowner Representation, it can be done successfully.  Reading the California State Bar’s written guidance related to law firms representing homeowners seeking loan modifications, which was published online by the Bar today, provides proof that this statement is true.

The State Bar’s WRITTEN GUIDANCE DOES NOT PROHIBIT LAWYERS FROM BREAKING UP SERVICES RELATED TO A LOAN MODIFICATION INTO CONTRACTUAL SEGMENTS, PAID FOR AS THOSE SERVICES ARE COMPLETED.

HOWEVER, the Bar’s interpretation of the new law DOES NOT allow attorneys to accept funds in advance into a trust account and be paid from that trust account.  The Bar focused on the word “receive” in the language contained in the statute as the basis for their interpretation, stating:

The legislation prohibits the collection of advance fees for loan modifications, as specified. Among other provisions, new Civil Code Section 2944.7(a)(1) provides as follows:

“Notwithstanding any other provision of law, it shall be unlawful for any person who negotiates, attempts to negotiate, arranges, attempts to arrange, or otherwise offers to perform a mortgage loan modification or other form of mortgage loan forbearance for a fee or other compensation paid by the borrower, to do any of the following: (1) Claim, demand, charge, collect, or RECEIVE any compensation until after the person has fully performed each and every service the person contracted to perform or represented that he or she would perform.”

Here’s a link to the Bar’s written guidance on SB 94:

http://calbar.ca.gov/calbar/pdfs/ethics/Ethics-SB94-FAQs.pdf

Whether the Bar’s interpretation of the trust account issue would be upheld by the courts is unknown, however, I think the salient point is clearly that the manner in which most if not all of the law firms that make up the Commission on Homeowner Representation have chosen to operate under SB 94 can now be assumed to be State Bar compliant under the new law.

And that’s a good thing.  A very good thing.  Because lawyers who help homeowners avoid foreclosure have a tough enough job these days fighting the banks and servicers who continue to refuse to follow rules and even laws… and they certainly don’t need to fight the State of California or State Bar as well.

Congratulations to all involved and thank you to the California State Bar for providing the written guidance as soon as was possible.

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                 LOSS MITIGATIONS LLC

 

CONFORMS TO THE CALIFORNIA B&P CODE 

 

SECTION 6450 PARALEGAL (LAW FIRMS ONLY)


 

6450.  (a) "Paralegal" means a person who holds himself or herself
out to be a paralegal, who is qualified by education, training, or
work experience, who either contracts with or is employed by an
attorney, law firm, corporation, governmental agency, or other
entity, and who performs substantial legal work under the direction
and supervision of an active member of the State Bar of California,
as defined in Section 6060, or an attorney practicing law in the
federal courts of this state, that has been specifically delegated by
the attorney to him or her.  Tasks performed by a paralegal include,
but are not limited to, case planning, development, and management;
legal research; interviewing clients; fact gathering and retrieving
information; drafting and analyzing legal documents; collecting,
compiling, and utilizing technical information to make an independent
decision and recommendation to the supervising attorney; and
representing clients before a state or federal administrative agency
if that representation is permitted by statute, court rule, or
administrative rule or regulation.
   (b) Notwithstanding subdivision (a), a paralegal shall not do the
following:
   (1) Provide legal advice.
   (2) Represent a client in court.
   (3) Select, explain, draft, or recommend the use of any legal
document to or for any person other than the attorney who directs and
supervises the paralegal.
   (4) Act as a runner or capper, as defined in Sections 6151 and
6152.
   (5) Engage in conduct that constitutes the unlawful practice of
law.
   (6) Contract with, or be employed by, a natural person other than
an attorney to perform paralegal services.
   (7) In connection with providing paralegal services, induce a
person to make an investment, purchase a financial product or
service, or enter a transaction from which income or profit, or both,
purportedly may be derived.
   (8) Establish the fees to charge a client for the services the
paralegal performs, which shall be established by the attorney who
supervises the paralegal's work.  This paragraph does not apply to
fees charged by a paralegal in a contract to provide paralegal
services to an attorney, law firm, corporation, governmental agency,
or other entity as provided in subdivision (a).
   (c) A paralegal shall possess at least one of the following:
   (1) A certificate of completion of a paralegal program approved by
the American Bar Association.
   (2) A certificate of completion of a paralegal program at, or a
degree from, a postsecondary institution that requires the successful
completion of a minimum of 24 semester, or equivalent, units in
law-related courses and that has been accredited by a national or
regional accrediting organization or approved by the Bureau for
Private Postsecondary and Vocational Education.
   (3) A baccalaureate degree or an advanced degree in any subject, a
minimum of one year of law-related experience under the supervision
of an attorney who has been an active member of the State Bar of
California for at least the preceding three years or who has
practiced in the federal courts of this state for at least the
preceding three years, and a written declaration from this attorney
stating that the person is qualified to perform paralegal tasks.
   (4) A high school diploma or general equivalency diploma, a
minimum of three years of law-related experience under the
supervision of an attorney who has been an active member of the State
Bar of California for at least the preceding three years or who has
practiced in the federal courts of this state for at least the
preceding three years, and a written declaration from this attorney
stating that the person is qualified to perform paralegal tasks.
This experience and training shall be completed no later than
December 31, 2003.
   (d) Every two years, commencing January 1, 2007, any person that
is working as a paralegal shall be required to certify completion of
four hours of mandatory continuing legal education in legal ethics
and four hours of mandatory continuing legal education in either
general law or in an area of specialized law. All continuing legal
education courses shall meet the requirements of Section 6070.
Certification of these continuing education requirements shall be
made with the paralegal's supervising attorney. The paralegal shall
be responsible for keeping a record of the paralegal's
certifications.
   (e) A paralegal does not include a nonlawyer who provides legal
services directly to members of the public, or a legal document
assistant or unlawful detainer assistant as defined in Section 6400,
unless the person is a person described in  subdivision (a).
   (f) This section shall become operative on January 1, 2004.



6451.  It is unlawful for a paralegal to perform any services for a
consumer except as performed under the direction and supervision of
the attorney, law firm, corporation, government agency, or other
entity that employs or contracts with the paralegal.  Nothing in this
chapter shall prohibit a paralegal who is employed by an attorney,
law firm, governmental agency, or other entity from providing
services to a consumer served by one of these entities if those
services are specifically allowed by statute, case law, court rule,
or federal or state administrative rule or regulation.  "Consumer"
means a natural person, firm, association, organization, partnership,
business trust, corporation, or public entity.

6452.  (a) It is unlawful for a person to identify himself or
herself as a paralegal on any advertisement, letterhead, business
card or sign, or elsewhere unless he or she has met the
qualifications of subdivision (c) of Section 6450 and performs all
services under the direction and supervision of an attorney who is an
active member of the State Bar of California or an attorney
practicing law in the federal courts of this state who is responsible
for all of the services performed by the paralegal.  The business
card of a paralegal shall include the name of the law firm where he
or she is employed or a statement that he or she is employed by or
contracting with a licensed attorney.
   (b) An attorney who uses the services of a paralegal is liable for
any harm caused as the result of the paralegal's negligence,
misconduct, or violation of this chapter.

6453.  A paralegal is subject to the same duty as an attorney
specified in subdivision (e) of Section 6068 to maintain inviolate
the confidentiality, and at every peril to himself or herself to
preserve the attorney-client privilege, of a consumer for whom the
paralegal has provided any of the services described in subdivision
(a) of Section 6450.

6454.  The terms "paralegal," "legal assistant," "attorney
assistant," "freelance paralegal," "independent paralegal," and
"contract paralegal" are synonymous for purposes of this chapter.

6455.  (a) Any consumer injured by a violation of this chapter may
file a complaint and seek redress in any municipal or superior court
for injunctive relief, restitution, and damages.  Attorney's fees
shall be awarded in this action to the prevailing plaintiff.
   (b) Any person who violates the provisions of Section 6451 or 6452
is guilty of an infraction for the first violation, which is
punishable upon conviction by a fine of up to two thousand five
hundred dollars ($2,500) as to each consumer with respect to whom a
violation occurs, and is guilty of a misdemeanor for the second and
each subsequent violation, which is punishable upon conviction by a
fine of two thousand five hundred dollars ($2,500) as to each
consumer with respect to whom a violation occurs, or imprisonment in
a county jail for not more than one year, or by both that fine and
imprisonment.  Any person convicted of a violation of this section
shall be ordered by the court to pay restitution to the victim
pursuant to Section 1202.4 of the Penal Code.

6456.  An individual employed by the state as a paralegal, legal
assistant, legal analyst, or similar title, is exempt from the
provisions of this chapter.


 
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                                                           Terms of Purchase Agreement / Terms of Service Agreement

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THIS SITE. Loss Mitigations LLC ("we" or "us") offers access to and use of our site to you subject to your acceptance of these terms and conditions ("Terms"). By accessing, using or obtaining any content, data, materials, information, products or services through our site, call center or printed materials, you agree to observe these Terms.

 

1. PURCHASE

Whatever product you purchase you make has it's own terms and conditions, you will find the link to these on your invoice.  Your acceptance of the invoice acknowledges your agreement to the terms.  Use of this Loss Mitigations LLC and www.lossmitigationsllc.com site is subject to all terms and conditions including these here published.

 

2. NOT A LOAN MODIFICATION COMPANY, ATTORNEYS, FORECLOSURE CONSULTANT, CPA AND/OR REAL ESTATE BROKER:

Loss Mitigations LLC, is a document preparation and educational resource organizations.  We do not give legal advise and do not negotiate with your lender in an manner.  We are not associated with the federal government or the American Reinvestment and Renewal Act. We are not a government agency. We are not associated with your lender.  -  We are a document preparation company that prepares documents for consumers.  All purchases made through our company are considered products not services.

 

3. CUSTOMER SUPPORT

Loss Mitigations LLC provides customer support Monday - Friday between the hours of 9AM - 5PM PST. You can access support by email or calling our toll free number or online support system 24 hours a day / 7 days a week and leave a detailed message with one of bilingual representatives


Our support service is worth a premium service charge, however, it is free to all of our customers. Client satisfaction is paramount to our business success and we want to do everything we can to ensure your experience with us is a pleasant and successful one. We want to ensure that the documents you purchase and educational material WORK AS INTENDED. Though we are not lawyers, do not offer legal advice in any way, are not a full service loan modification company, do not negotiate on your behalf and provide only document preparation products and education material, we will prepare you to be successful in your modification request process. We have extensive industry knowledge and many strategies that work. We ask that you use our support portal as often as necessary. You can call us in emergencies and for complicated questions. Our goal is to answer all support inquiries within the same business day during business hours. Occasionally we do get a high volume of requests and our response time can run as long as 24 hours. Online support through our portal is often very fast and available 24/7/365. If you send an after hours or weekend request, we will respond to you by the next business day or sooner. Below are some helpful hints in requesting customer support. Thank you in advance for your cooperation in submitting your support requests.

Customer Support Phone - 1-877-733-4786 or online support system info@lossmitigationsllc.com
Or go to our support pages on the web site  www.lossmitigationsllc.com
 

4. REFUND POLICY

Please see the refund policy for your purchase.  We have a Guarantee for all our products
 

5. COLLECTION

You shall, In the event that affirmative action is required on the part of Loss Mitigations LLC to collect amount owing to us by you. Pay us all costs of collection including reasonable attorney fees. Returned checks, credit cards and charge backs are subject to the maximum allowable charges per your jurisdiction.

 

6. RIGHT TO REFUSE SALES

Loss Mitigations LLC reserves the right to refuse sales to any individual for any reason. In addition, Loss Mitigations LLC reserves the right to cancel a sale, membership and or subscription to any of our services at any time. If Loss Mitigations LLC cancels a sale, membership or subscription. AmFam will issue a refund of any unused portion of the sale, membership or subscription pursuant to our refund policy.

 

7. OWNERSHIP:

We own and have copyrights on our site and all of its contents. You will not copy, reproduce, republish, upload, post, transmit, distribute, sell, transfer or modify any of the content, data, information or materials found on our site, but you may download, display and print one (1) copy of the materials presented on our site on a single computer for your personal, non-commercial use. Trademarks, logos and service marks displayed on our site ("Marks") are our, and our Providers, registered and common law Marks. Your use of and access to our site do not grant you any license or right to use any of the Marks. You will not use any robot, spider, other automatic device, or manual process to monitor materials available through our site.

 

8. MUTUAL RESPECT:

No Slander. Purchaser and Seller mutually agrees not to in any way, directly or indirectly, slander, defame, disparage or otherwise injure the business reputation or goodwill of each other or companies or its officers, directors, shareholders, employees, agents, affiliates products or services, regardless of the reason.

 

9. USE OF SITE:

You may only use our site if you are at least 18 years of age and can enter into binding contracts (our site is not available for use by minors). You are responsible for maintaining the secrecy of your passwords, login and account information. You will be financially accountable for all uses of our site by you and anyone using your password and login information.   You may not use our site: to make any false, fraudulent demand; to post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms. We may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our site. We will use our reasonable commercial efforts to keep our site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance and system outages. Your access to our site may not be uninterrupted or available at all times. We cannot promise that our site will be error-free, that defects or errors will be corrected or that our site or the servers that make it available are free from viruses or other harmful components. You will not use any device, software or routine that interferes or attempts to interfere with the normal operation of our site or take any action that imposes an unreasonable load on our computer equipment.

 

10. PRIVACY:

Privacy Policy:

This Privacy Policy applies to customers of Loss Mitigations LLC.  We will never divulge your personal information for any reason except to our network partners and business relationships unless specifically requested not to refer your file or contact information in writing.  You can opt-out of any offers at any time. 

Loss Mitigations LLC has security measures in place to attempt to protect against the loss, misuse and alteration of your data. We use physical, electronic, and procedural safeguards to protect any personally identifiable data stored on our servers. Only authorized employees have access to the information you provide us. 

 

11. LINKS:

Our site may contain links to other sites that we do not operate or control. We are not responsible for these other sites. We provide these links for your reference and convenience. We do not endorse the contents of these other sites. These links are not an indication of our association with the owners or operators of any of these other sites. You are free to access these other sites, but you do so at your own risk. You agree not to create a link from any Web site, including any site controlled by you, to our site.

 

12. WARRANTY DISCLAIMER:

WE MAKE NO, AND OUR PROVIDERS MAKE, NO WARRANTY OF ANY KIND REGARDING OUR SITE AND/OR ANY CONTENT, DATA, MATERIALS, INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OUR SITE, FULFILLMENT AND OR OTHER MATERIALS OR FROM OUR CALL CENTER SERVICE REPRESENTATIVES, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT OUR SITE, FULFILLMENT AND OR OTHER MATERIALS OR INFORMATION FROM OUR CALL CENTER SERVICE REPRESENTATIVES. WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. WE FURTHER DISCLAIM ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON OUR SITE, FULFILLMENT AND OR OTHER MATERIALS OR FROM OUR CALL CENTER SERVICE REPRESENTATIVES. WE EXPRESSLY DISCLAIM AND OUR PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.

 

13. LIMITATION OF LIABILITY:

WE WILL NOT BE, AND OUR PROVIDERS WILL NOT BE, RESPONSIBLE OR LIABLE FOR (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF OR BROWSING IN OUR SITE OR YOUR DOWNLOADING OF ANY CONTENT, INFORMATION, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM OUR SITE OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF OUR SITE OR CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY PROVIDER, EVEN IF WE HAVE BEEN OR A PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

 

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.


If, despite the limitation above, we are or a Provider is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then our liability and the Providers’ liability will in no event exceed, in total, the sum of US$250.00. Some states do not allow the limitation of liability, so the limitations above may not apply to you.

 

14. INDEMNIFICATION:

You will defend and indemnify us and any Provider and each of our officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by you or on your behalf in excess of the liability described above or by third parties as a result of your breach of these Terms or the documents made part of these Terms by reference, your violation of any law or the rights of a third party or your use of our site.

 

15. GENERAL:

The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms. Your acceptance of these Terms and use of our site do not create a joint venture, partnership, employment or agency relationship with us. You may not assign, delegate or transfer your rights or obligations under these Terms. We may modify these Terms, at any time, by posting conspicuous notice on our site at least thirty (30) days before any modification becomes effective. Your continued use of our site, following the posting of conspicuous notice of any modification, will be subject the Terms in effect at the time of your use. You will review these Terms periodically. Your continued use of our site, following the posting of conspicuous notice of any modification, will be your acceptance of the modified Terms. Except as described in the preceding sentences, you and we can only modify these Terms in a written document signed or otherwise accepted by you and by us. All three month and 1 year memberships are non refundable. Other terms and conditions may apply to your reservations, bookings and purchases of travel services through our site and to your use of other portions of our site. You will observe these other terms and conditions. If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to your use of our site, and replaces any prior understandings or agreements (whether oral or written) regarding your use of our site. The laws of the State of California (USA), without regard to its conflict of laws rules, will govern these terms and conditions, as well as your and our observance of them. If you take any legal action relating to your use of our site or these Terms, you agree to file such action only in the state and federal courts located in San Francisco, CA (USA). In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorneys’ fees


The Loss Mitigations LLC: Web Site is comprised of various Web pages operated by its independent relationship companies.

The Loss Mitigations LLC Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

Your use of the Loss Mitigations LLC Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Loss Mitigations LLC reserves the right to change the terms, conditions, and notices under which the Loss Mitigations LLC Web Site is offered, including but not limited to the charges associated with the use of Loss Mitigations LLC Web Site.

LINKS TO THIRD PARTY SITES

Loss Mitigations LLC Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Loss Mitigations LLC and is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Loss Mitigations LLC is not responsible for web casting or any other form of transmission received from any Linked Site. Loss Mitigations LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Loss Mitigations LLC or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Loss Mitigations LLC Web Site, you warrant to Loss Mitigations LLC that you will not use the Loss Mitigations LLC Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Loss Mitigations LLC Web Site in any manner which could damage, disable, overburden, or impair Loss Mitigations LLC Web Site or interfere with any other party's use and enjoyment of the Loss Mitigations LLC Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Loss Mitigations LLC Web Sites.

USE OF COMMUNICATION SERVICES

The Loss Mitigations LLC may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

  • Conduct or forward surveys, contests, pyramid schemes or chain letters.

  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

  • Restrict or inhibit any other user from using and enjoying the Communication Services.

  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  •  
  • Violate any applicable laws or regulations.
  •  
Loss Mitigations LLC has no obligation to monitor the Communication Services. However, Loss Mitigations LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Loss Mitigations LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Loss Mitigations LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Loss Mitigations LLC sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Loss Mitigations LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Loss Mitigations LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Loss Mitigations LLC spokespersons, and their views do not necessarily reflect those of Loss Mitigations LLC.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Loss Mitigations LLC, OR POSTED AT ANY, WEB SITE

Loss Mitigations LLC does not claim ownership of the materials you provide to Loss Mitigations LLC (including feedback and suggestions) or post, upload, input or submit to any Loss Mitigations LLC Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Loss Mitigations LLC, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Loss Mitigations LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Loss Mitigations LLC sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Loss Mitigations LLC WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Loss Mitigations LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Loss Mitigations LLC WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Loss Mitigations LLC WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Loss Mitigations LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Loss Mitigations LLC WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Loss Mitigations LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Loss Mitigations LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Loss Mitigations LLC WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Loss Mitigations LLC WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Loss Mitigations LLC WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Loss Mitigations LLC WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Loss Mitigations LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Loss Mitigations LLC WEBSITE OR ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Loss Mitigations LLC WEB SITE.

SERVICE CONTACT : info@lossmitigationsllc.com

TERMINATION/ACCESS RESTRICTION

Loss Mitigations LLC reserves the right, in its sole discretion, to terminate your access to the Loss Mitigations LLC Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Francisco County, California, U.S.A. in all disputes arising out of or relating to the use of the Loss Mitigations LLC Web Site. Use of the Loss Mitigations LLC Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Loss Mitigations LLC as a result of this agreement or use of the Web Site. Loss Mitigations LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Loss Mitigations LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Loss Mitigations LLC Web Site or information provided to or gathered by Loss Mitigations LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Loss Mitigations LLC with respect to the Loss Mitigations LLC Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Loss Mitigations LLC with respect to the Loss Mitigations LLC Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Loss Mitigations LLC Web Site are: Copyright 2009-2011 Loss Mitigations LLC
and/or its independent companies / suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

Loss Mitigations LLC has created this privacy statement in order to demonstrate our firm commitment to privacy.

 

What personal information is being collected. Unless this web site asks for specific personal information in order to respond to requests for information or to register uses for particular services, only the following information will be collected when you use this site: · your server address; · the date and time of your visit to the site; · the pages you accessed and the documents downloaded; · the previous site you visited; and · the type of browser you are using. This information is collected for statistical purposes and to enable us to improve the navigation functions of our web site.

 

Who is collecting personal information?

 

Where this site specifically asks for your personal information (for example to respond to requests for information or to register users for particular services), your personal information will only be collected by staff of Loss Mitigations LLC who have responsibility for responding to such requests or administrating such registrations.

 

How is personal information used?

 

Personal information collected on this web site will only be used for the purposes stated at the time of collection. Your personal information will not be forwarded to any third party, added to a mailing list or used for any other purpose without your consent.

 

Cookies

 

Cookies can be either "persistent" or "session" based. Persistent cookies are stored on your computer, contain an expiration date, and may be used to track your browsing behavior upon return to the issuing web site. Session cookies are short-lived, are used only during a browsing session, and expire when you quit your browser. Upon closing your browser the session cookie set by this web site is destroyed and no personal information is maintained which might identify you should you visit our web site at a later date. Access to personal information collected on this site Unless required by law to do so Loss Mitigations LLC will only disclose personal information collected on this site to a third party if consent has been provided.

 

Security of personal information collected on this site

 

This site does not provide facilities to guarantee the secure transmission of information across the Internet. Whilst reasonable efforts are used to provide security, users should be aware that there are inherent risks in the transmission of information across the Internet.

Outside Links

 

These sites may on occasion provide links to other sites for your convenience or additional information. Loss Mitigations LLC is not responsible for any content or practices of these sites.

 

Your Rights

 

You can request access to the personal information (if any) that we keep on record. If you believe any information that we keep on record is incorrect or out of date you may request that it be corrected. There is no fee for requesting access to your information, however, we may charge you the reasonable cost of processing your request.

 

For further information about this Privacy Statement contact info@lossmitigationsllc.com .1-877-733-4786 x 801

 

LEGAL DISCLOSURE

 

You may have seen or heard media coverage on loan modification companies fraudulently taking monies from homeowners and not doing the loan modifications.

Regardless of whom you retain to help you with your loan modification, please do your due diligence and check out the company, attorney, and/or real estate or mortgage broker with the Federal Trade Commission, and the respective state's Attorney General, Department of Corporation, Department of Real Estate, and State Bar Association to see if they have any complaints, violations, and/or negative pending cases against them.

Past performance is no guarantee of future results nor is it a guarantee, warranty, or prediction regarding the outcome of your legal matter. Any testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Any and all interest rate reductions or success cases are for informational purposes only, and are not intended to represent results guaranteed by LOSS MITIGATIONS, LLC for any specific client. All such interest rate proposals are based on interest rate reductions obtained for previous clients, and do not represent, or guarantee a rate reduction for any specific client. 

 

Client further understands that LOSS MITIGATIONS, LLC does not guarantee a successful settlement or outcome in the instant matter. Furthermore, this information is not intended to create an attorney-client relationship.

 

LMLLC Code of Ethics

Core Statement

LOSS MITIGATIONS LLC (LMLLC), A Paralegal, Legal Document and Expert Witness in the Loss Mitigations industry; to produce an intensive certification program entitled: Certified Loss Mitigations Auditor (CLMA). Believing in the worth and dignity of each forensic loan auditor, LMLLC recognizes the supreme importance of the pursuit of truth, devotion to excellence, and the nurture of the democratic principles. LMLLC brings accountability, trust, intelligence and integrity to all parties involved in the mortgage loan  litigation and audit process. These parties include, but are not limited to: processors, underwriters, closers, borrowers, sellers, loan auditors, attorneys, real estate agents, brokers and appraisers. Essential to these goals is the protection of freedom to learn and to audit loans, and the guarantee of equal opportunity for all. The LMLLC accepts the responsibility to adhere to the highest ethical standards.

The LMLLC also recognizes the magnitude of the responsibility inherent in the loan audit process. The desire for the respect and confidence of one's colleagues, of borrower’s, of vendors, and of the fellow members of the LMLLC community provides the incentive to attain and maintain the highest possible degree of ethical conduct. The Code of Ethics of the forensic loan auditing profession indicates the aspiration of all mortgage professionals and provides standards by which to judge conduct. The remedies specified by LMLLC and/or its affiliates for the violation of any provision of this Code shall be exclusive and no such provision shall be enforceable in any form other than the one specifically designated by LMLLC or its affiliates.

Preamble

The Code of Ethics of the LOSS MITIGATIONS LLC (LMLLC) applies only to LMLLC members with a LMLLC Certified Loss Mitigations Auditor (CLMA)) designation, and is enforceable solely by LMLLC or its affiliates. The primary purpose of this Code of Ethics is to support LMLLC’s mission, which is the advancement of knowledge and practice in the lender litigation profession. LMLLC can succeed in this mission only if it has integrity in the mortgage communities and with the general public and is viewed as a credible, objective and unbiased force whose statements, activities and relationships are beyond reproach.

LMLLC recognizes that there are many ethical issues facing loan auditors in the fields of loan litigations auditing, which are not covered by this Code of Ethics. LMLLC has not attempted in this Code to set forth a position regarding all ethical issues, which its members may face in their day-to-day professional activities. Rather, the purpose of this Code is to speak to those ethical matters that bear directly on LMLLC's educational mission and to those activities that relate to that mission.

Enforcement

It should be noted that this Code authorizes LMLLC to invoke its enforcement (LMLLC revocation) in connection with any of Code violation. LMLLC reserves the right to exercise such authority in the event that it determines that doing so is in its best interests or that of its members.

Updates

LMLLC believes that this Code of Ethics must adapt as LMLLC's needs and those of the forensic loan auditor communities which it serves changes. As circumstances and needs change, LMLLC may determine that it should alter the scope of this Code. For this reason, LMLLC is committed to revising this Code from time to time as circumstances warrant. In this regard, LMLLC welcomes comment and input from its LMLLC members.

Commitment to the Profession

The lender litigation profession is vested with a trust and responsibility requiring the highest ideals of professional service. In the belief that the quality of the services of the representation directly influences all parties involved (i.e. attorney, broker, vendors, etc.) the LMLLC shall exert every effort to raise professional standards, to promote a climate that encourages the exercise of professional judgment, to achieve conditions that attract persons worthy of the trust to careers in lender litigation, and to assist in preventing the practice of the profession by unqualified persons.

In Fulfillment of the Obligation to the Profession, the LMLLC…

 

I. Shall not in an application for a professional position deliberately make a false statement or fail to disclose a material fact related to competency and qualifications.

 

II. Shall not misrepresent his/her professional qualifications.

 

III. Shall not assist any entry into the profession of a person known to be unqualified in respect to character, education, or other relevant attribute.

 

IV. Shall not knowingly make a false statement concerning the qualifications of a candidate for a professional position.

 

V. Shall not assist a person in the unauthorized practice of law,violation of the state bar rules of ethics or any state or federal laws.

 

VI. Shall not disclose information about colleagues, borrowers, vendors, clients, etc. obtained in the course of professional service unless disclosure serves a compelling professional purpose or is required by law.

 

VII. Shall not knowingly make false or malicious statements about a colleague, client, borrower, vendor, etc.

 

VIII. Shall not accept any gratuity, gift, or favor that might impair or appear to influence professional decisions or action.

 

IX. Shall not knowingly commit mortgage fraud or criminal behavior of any kind.


LMLLC Ethical Requirements, the LMLLC…

 

I. Shall maintain fair and professional business practice towards peers and customers at all times.

 

II. Shall offer services to customers that are lawful and ethical.

 

III. Shall freely provide service information in a manner that promotes and preserves the principle of freedom of choice for customers in a fully informed environment.

 

IV. Shall not mislead or seek to deceive customers regarding advertising, content, operation or billing of services.

 

V. Shall take all reasonable steps to ensure the protection of minors from exploitation in any manner including exposure to inappropriate service content.


LOSS MITIGATIONS LLC DISCLAIMER

 

1. LMLLC is a for profit paralegal and legal assistance firm NOT owned, operated or affiliated with the U.S. Federal Government, State Banking Department, State Government, HUD.gov or FHA.gov.

 

2. LMLLC does NOT purport to offer a U.S. Government or State Banking Department issued certification. Instead, the CLMA certification is solely a LMLLC issued certification.

LOSS MITIGATIONS, LLC IS A BONE FIDE PARALEGAL FIRM ACCORDING TO BUSINESS AND PROFESSIONS CODE 6450 AND IS EXCLUSIVELY A PARALEGAL-TO-ATTORNEY LITIGATION SUPPORT COMPANY. OUR SERVICE IS PROVIDED TO LICENSED ATTORNEYS AND LAW FIRMS ONLY. WE DO NOT ASSIST HOMEOWNERS/BORROWERS OR THE GENERAL PUBLIC IN FORECLOSURE.

NOTE: It is illegal for non-attorneys, loan-modification consultants and businesses to charge home owners/borrowers and the general public up-front fees for their services. Additionally, individuals and businesses offering mortgage-foreclosure consulting, loan-modification and foreclosure-assistance services must register with the California Attorney General’s office and post a $100,000 bond. SB 94 and the New FTC rules govern the manner in which businesses and or non attorneys may collect up front or advanced fees from the general public.

 

LOSS MITIGATIONS, LLC IS A REGISTERED, BONDED AND INSURED LEGAL DOCUMENT FIRM ACCORDING TO BUSINESS AND PROFESSIONS CODE 6410


Loss Mitigations does not participate in the following: 

 

1. Unauthorized Practice of Law: No person shall practice law in California unless the person is an active member of the State Bar. Cal. Bus. & Prof. § 6125. The “practice of law” includes giving legal advice and advertising or holding oneself as an attorney or entitled to practice law when in fact such person is not an active member of the State Bar. See Birbower, Montalbano, Candon & Frank, P.C. v. Sup. Ct., 17 Cal. 4th 119, 128 (1998); Bus. & Prof. § 6126(a).

 

2. Unlawful Solicitation: Unlawful solicitations include using firm names, trade names, fictitious names or other professional designations falsely stating or implying that you have a relationship with another lawyer or law firm. CRPC § 1-400(E). Additionally, the State Bar Act makes it unlawful for any person to act as a runner or capper for an attorney or to solicit any business for an attorney in any public place or upon private property. Bus. & Prof. § 6152(a)(1). The term “runner or capper” refers to anyone acting for consideration as an agent of an attorney or law firm in the solicitation or procurement of business for the attorney or firm. Bus. & Prof. § 6151(a).

 

3. Trademark Infringement: Use of a firm name that is confusingly similar to a trade name or trademark already in use by someone else may constitute trademark infringement and unfair competition. Law firm names are protected under the same general principles as other trade names and trademarks. Lyon v. Lyon, 245 Cal. 2d 519, 528 (1966).


Any company that does not have a bone fide written agreement with Loss Mitigations LLC should Cease and Desist in the use of the name and likeness of Loss Mitigations LLC. This includes refraining from using email addresses and taking down web addresses confusingly similar these names.

 

Any web content on Loss Mitigations LLC site is intended to be referenced by licensed attorneys only as stated in the legal disclaimer. The general public and non-attorneys should not rely on or view this information as legal advise or a solicitation under the purview of the state bar solicitation rules 400.

Loss Mitigations LLC has not produced or authorized the creation or distribution of any such marketing material containing the name and likeness of any attorney / law firm it provides paralegal services to.  Loss Mitigations LLC will be forced to take legal action against you and seek all aforementioned remedies to the fullest extent of the law. Your cooperation is appreciated.

 

The materials contained in this site are a conglomeration of information made available to Loss Mitigations LLC by its legal, debt, credit, tax, insurance, financial, and Loss Mitigations network of  companies, as well as Loss Mitigations LLC analysis and summary of services.

The purpose of the information provided on this site is to provide Loss Mitigations LLC staff, agents and contractors with a quick guide to services available through Loss Mitigations LLC network.

While Loss Mitigations LLC makes every effort to maintain the accuracy of information provided on this site, Loss Mitigations LLC DOES NOT GUARANTEE the accuracy of information provided on this site and is NOT RESPONSIBLE FOR ERRORS AND OMISSIONS. All information should be verified with Loss Mitigations clients ie. The Firms that Loss Mitigations LLC is in contract with. Agents and Staff using this site may not quote fees, provide legal, tax, real estate, insurance, credit or any other professional advise.