Litigation Support Services
McDonnell Property Analytics (“MPA”) provides expert consulting and litigation support services to attorneys nationwide in a variety of mortgage related cases.
Marie McDonnell, MPA’s founder, has been in practice for over 33 years and is recognized as the country’s foremost leader in the field of forensic mortgage auditing and mortgage fraud investigation.
Over the years, Marie has developed, extensively tested, and reliably employed a proprietary set of mortgage auditing tools and protocols that enable her to track with precision a lender’s loan origination and servicing systems and determine with particularity whether a problem is the result of borrower failure, lender malfeasance, or whether it is technology and policy related.
Where lender misconduct is detected, our expert reports and affidavits provide concrete, factual, empirical evidence that exposes the problem and supports the borrower’s claims.
Foreclosure defense has become a legal specialty in the wake of the Mortgage Meltdown of 2007 and the Financial Crisis of 2008, which was fueled by the lending industry’s use of complex, high-risk mortgage products that contained features such as an interest-only period, a balloon payment, or negative amortization.
We provide foreclosure defense attorneys with verifiable evidence to support claims for:
- Bait and switch in the loan terms at closing
- Predatory lending practices
- Mortgage servicing abuses
- Breach of contract
- Improper interest calculation methodology
- Forged documents
- Defects in the securitization process
- Noncompliant pre-acceleration notice of default
- Mortgage fraud, etc.
Exploitation of consumers by the financial services industry is rampant. To deter abusive trade practices, Congress enacted four (4) key consumer protection statutes and regulations that govern the activities of creditors and their debt collectors. These are:
MPA is skilled in the detection of mortgage servicing abuses that violate these federal statutes and regulations.
Attorneys who specialize in the prosecution of consumer protection statutes, such as TILA, RESPA, FDCPA, and the FCRA, can recover actual damages, statutory damages, legal fees, and costs.
McDonnell Property Analytics provides bankruptcy attorneys who represent debtors that have filed for protection pursuant to Chapters 7, 11, 12, and 13 of the Bankruptcy Code with cutting edge analytics they can take to court.
MPA offers a Financial Forensics Examination that establishes the true status of the debtor’s mortgage loan account on the filing date in all account categories.
In addition to ensuring the accuracy of the debtor’s mortgage loan account balances, our Financial Forensics Examination may reveal hidden claims that should be preserved on the debtor’s asset schedule. It can also be used to evaluate the creditor’s proof of claim.
MPA frequently provides expert witness services to bankruptcy attorneys who litigate claims in adversary proceedings.
Forensic Title Examinations
Tracing the chain of title and ownership of a residential mortgage loan in a post-deregulation world where the traditional “originate to hold” investment banking strategy was supplanted by a more lucrative and efficient “originate to sell” business model facilitated by a process known as “securitization” is very complicated, indeed. Securitization is a type of “financial engineering” designed to monetize debt instruments, lever them, and sell them as securities in the global capital markets.
Transparency is further compromised by the ubiquitous use of Mortgage Electronic Registration Systems, Inc. (“MERS”) which serves as the security instrument’s “anchor” in the public land records while the mortgage note is freely bought, sold, traded, and exchanged until, finally, the mortgage loan is deactivated in the MERS® System. At that point, the mortgage loan will either be discharged or assigned to another entity who may —or may not be— the lawful mortgage owner.
MPA regularly sends out a Request for Information for the Identity of the Mortgage Owner on behalf of our clients pursuant to Regulation X, 12 C.F.R. § 1024.36(d)(2) and § 1641(f)(2) of the Truth in Lending Act. In addition, we have access to databases of residential mortgage backed securities that enable us to trace a mortgage loan that has been securitized.
Often, McDonnell Property Analytics is brought into a case after the complaint has been filed, or worse, after it is too late to amend the complaint. Invariably, we find that good claims went unnoticed, or were lost because they were not properly plead. In other instances, we discover material facts that have the potential to vacate unfavorable judgments or reopen a cold case due to fraud upon the court.
Once engaged, McDonnell Property Analytics works closely with the attorney to develop the claims that are most likely to succeed on the merits, or which champion important public interest issues that will benefit society at large.
McDonnell Property Analytics has achieved an impressive track record for its role in such precedent setting cases as: U.S. Bank Nat’l Ass’n v. Ibanez, 458 Mass. 637, 941 N.E.2d 40 (Mass. App., 01/07/2011); Eaton v. Fed. Nat’l Mortg. Ass’n, 462 Mass. 569, 969 N.E.2d 1118 (Mass., 06/22/2012); Mary Ellen Wolf and David Wolf v. Wells Fargo Bank, N.A. as Trustee for Carrington Mortgage Loan Trust, et al., In the District Court of Harris County, Texas, 151st Judicial District, Cause No. 2011-36476; and Wells Fargo Bank, N.A. v. Juza, In the State of Wisconsin Circuit Court, Branch VIII, Brown County, Wisconsin, Case No. 09 CV 1909.
 Signed into law by President Lyndon B. Johnson on May 29, 1968.
 Signed into law by President Richard Nixon on October 26, 1970.
 Signed into law by President Gerald Ford on Dec. 22, 1974.
 Signed into law by President Jimmy Carter on September 20, 1977.