Birthday:

August 9

First Name

Jeff

Last Name

Burch

Are you a...

3rd Party Negotiator

State

Virginia, Florida, Maryland, DC

City

Port Charlotte

My Profile

My name is Jeffrey Todd Burch. I am over the age of eighteen (18) and of sound and able mind. I live in Port Charlotte Florida, and am self-employed and sole proprietor of Performing Assets, LLC. I am a Contractor/Consultant and Expert Witness in the field of Mortgage Loan Loss Mitigation. I have been acting as an expert mortgage loss mitigation advocate since 2008 and established Performing Assets, LLC in April 2013. In this time, I have represented and successfully closed more than 120 loan modifications, of which more than 100 were previously incorrectly denied, and 89 short sales. Additionally, I have evaluated, advised and consulted the successful closing of more 900 short sales. The vast majority of my client base, ninety percent of all cases, are referred to me through the distressed borrowers retained attorneys’. From 2001 to 2008 I owned and operated a residential mortgage company (Freedom Mortgage Corporation / America One Funding, LLC) acting as a licensed mortgage lender and broker. Prior to the mortgage meltdown of 2008 I had two offices in N. VA, 27 employees, and closed well over 2,000 loans. Beyond President & CEO my specialty and focus was compliance, underwriting, back-office and the secondary mortgage market. In my tenure, my operation had zero compliance violations. Qualifications: A broad knowledge of compliance, mortgage products, loan origination (lenders/brokers) underwriting policies and procedures pursuant to residential mortgage servicers regulations. I have been called to consult and testify on a variety of issues as a mortgage and mortgage loss mitigation expert, such as: Loan default, modification denial review, dispute and escalations, loan disposition analysis (NPV), loan restructures/workouts, mortgage servicing policies, loss mitigation options, programs, regulations, as well as borrower financial and real estate profiles (DTI/ratios), credit evaluation, repair and reporting disputes. I work with attorneys, financial institutions, real-estate entities, and financial services companies. Given how the American banking industry is becoming increasingly regulated and complex there is a growing need for the subject matter expertise and insight of an experienced experts. From specific lending, loan program and regulations to mortgage loss mitigation (loan modification, short sale, DIL, etc.) program eligibility and options, (w/ or w/out filing bankruptcy), to the standards of care owed by a banking official and/or servicer as the fiduciary. I am qualified to explain aspects of the banking/mortgage/servicer industry as well as established standards of care. Generally, such standards of care are based on financial fiduciary law, the idea that there is an implied relationship of trust and good will between professional financiers(servicers) and the clients that trust their money to them. Mortgage servicer’s are given a high degree of discretion, in particular, pursuant to the loss mitigation process, drafting loan modification terms and agreements or denying them (often incorrectly), often leaving borrowers at the mercy of the bank’s terms. Common law imposes a limited check on the lender’s course of conduct, prompting lender’s/servicer’s to act in “good faith” and within the parameters of standard of servicing and reasonableness in their dealings with borrowers and other third parties. A banking expert witness may testify that such boundaries, while not not spelled out in lending agreements, are considered “implied.” The Uniform Commercial Code (UCC) currently defines good faith as “honesty in fact and the observance of reasonable commercial standards of fair dealing.” Calling a expert witness to testify on the complicated UCC provisions listed will help the jury under the concept of “good faith” and how it actually operates in everyday practice. A banking expert witness is especially instructive in predatory lending, or whether the lender/servicer acted in accordance with mandate…