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Sunday, December 2, 2007 

Subprime Mortgage Loan Fraud - How E-Discovery Can Uncover The Truth

"The subprime loan debacle will make it more difficult for borrowers to get mortgages and will cause U.S. home prices to fall this year for the first time on record", the National Association of Realtors said.

"The 2007 median price for an existing home likely will decline 0.7 percent to $220,300, the first drop since the real estate trade group began keeping records in 1968 and probably the first decline since the Great Depression," said Lawrence Yun, an economist with the Chicago-based association

With a few dozen of the big name lenders, New Century for example, either filing for bankruptcy or are in dire financial trouble... it seems as though the US Government is currently not willing to accept that this situation is a problem.

Despite those warning signals the leadership of the Federal Reserve seemed to encourage the development and use of ARMs that, today, are defaulting and going into foreclosure at record rates, said Chris Dodd, chairman of the Senate Banking committee.

As we saw with the Enron fiasco, it would seem that we should we be expecting to see a similar nightmare in the mortgage lending arena. The difference here is that people are not loosing their 401ks...instead, they are loosing their homes. As a result, federal regulators and legislators are trying to figure out how to help subprime mortgage borrowers who are facing foreclosure. In an effort to help homeowners, various State authorities also have opened fraud investigations against brokers and lenders for allegedly misleading home buyers about the terms and conditions of their loans. This fallout could potentially reshape the mortgage industry.

As more loans are defaulted on and as more lenders file for bankruptcy, there are various types of data may be considered as critical evidence in litigation. These types of data include:

  • e-mail
  • plain text and documents
  • calendar files
  • databases
  • spreadsheets
  • digital faxes
  • audio files
  • websites
For litigators, this information can help them prove any misleading, potential criminal, or fraudulent business practices by a subprime loan lender. Once an E-Discovery data audit process has started, and a computer forensics or data recovery service implemented, there are the several tasks to complete which provide the electronic evidence in a format which the client and lawyers will accept.

Jason Perry

For more information on ADR Data Recovery's Computer Forensics service, visit http://www.computerforensicsassociates.com

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