System and method and for valuing loans and settlement offers associated with security interest enforcement actions

• US 8,589,282 B1
• Filed: 09/11/2006
• Issued: 11/19/2013
• Est. Priority Date: 09/14/2005
• Status: Active Grant

• Current Assignee: OneDemand.com, Inc.
• Original Assignee: OneDemand.com, Inc.
• Inventors: Jackson, Robert J., Jackson, Scott, Jackson, Paul
• Primary Examiner(s): Colbert, Ella
• Application Number:
  US11/519,588
• Time in Patent Office: 2,626 Days
• Field of Search: 705/4, 705/35, 705/38
• US Class Current: 705/38
• CPC Class Codes: G06K 19/00 Record carriers for use with machines and with at least a part designed to carry digital markings
• CPC Class Codes: G06Q 10/06 Resources, workflows, human or project management; Enterprise or organisation planning; Enterprise or organisation modelling
• CPC Class Codes: G06Q 10/0639 Performance analysis of employees; Performance analysis of enterprise or organisation operations
• CPC Class Codes: G06Q 10/06398 Performance of employee with respect to a job function
• CPC Class Codes: G06Q 10/067 Enterprise or organisation modelling
• CPC Class Codes: G06Q 10/10 Office automation; Time management
• CPC Class Codes: G06Q 30/0201 Market modelling; Market analysis; Collecting market data
• CPC Class Codes: G06Q 40/00 Finance; Insurance; Tax strategies; Processing of corporate or income taxes
• CPC Class Codes: G06Q 40/02 Banking, e.g. interest calculation or account maintenance credit or loans G06Q40/03
• CPC Class Codes: G06Q 40/08 Insurance
• CPC Class Codes: G06Q 50/18 Legal services

Abstract

A legal process management system facilitates simultaneous dynamic dialogs between legal process managers and networked attorneys and contractors providing services in connection with security interest enforcement actions. The legal process managers submit queries and deadlines selected to timely guide the attorneys and contractors through the requirements of the security interest enforcement actions. The attorneys and contractors submit responsive answers revealing the status of their enforcement actions. The legal process management system allows the monitored attorneys to share in the information provided by the monitored contractors. The legal process management system further includes mechanisms for reminding the attorneys and contractors about impending deadlines. The system also allows the attorneys and contractors to be assessed on their success in complying with the queries and deadlines submitted by the legal process managers. An events based management system is also disclosed to aid in the completion of an SIEA event. The events based management system follows and calculates completion times for an SIEA and its subparts by providing a flexible system for managing SIEA milestones and events. A reporting system is also provided for keeping track of event and milestone completion.

Claims

1. A method for determining a monetary value for a loan secured by real estate associated with an actual or potential security interest enforcement action, the method comprising:

storing in a computer-readable medium a plurality of milestones associated with completion of the security interest enforcement action in a specified jurisdiction for the real estate securing the loan;

determining, using one or more computer processors in communication with the computer-readable medium, from said plurality of milestones a total time projected for completing the security interest enforcement action by applying a stochastic model that accounts for the occurrence of one or more fixed-frequency events and one or more random-frequency events associated with completion of said plurality of milestones;

determining estimated legal costs associated with prosecuting said plurality of milestones; and

determining a monetary value for the loan, using said one or more computer processors, comprising adding to said estimated legal costs a first estimated time/carry cost determined by applying an appropriate interest rate to said total time projected for completing the potential security interest enforcement action.

2. The method of claim 1, wherein determining the monetary value for the loan further comprises adding a second estimated time/carry cost associated with property tax costs during said total time projected for completing the security interest enforcement action.

3. The method of claim 2, wherein determining the monetary value for the loan further comprises adding a third estimated time/carry cost associated with insurance costs during said total time projected for completing the security interest enforcement action.

4. The method of claim 1, wherein applying a stochastic model that accounts for the occurrence of one or more fixed-frequency events and one or more random-frequency events associated with said plurality of milestones comprises:

generating one or more fixed-frequency events associated with completing said one or more milestones, said fixed-frequency events having associated projected durations for completion;

generating one or more random-frequency events associated with completing said one or more milestones, said random-frequency events having associated projected durations for completion; and

applying a stochastic model to said generated fixed-frequency and random-frequency events to determine a total time for completing the security interest enforcement action.

5. The method of claim 4, wherein applying a stochastic model to said generated fixed-frequency and random-frequency events comprises:

summing the projected durations associated with said one or more fixed frequency events; and

summing, for said random-frequency events, the projected duration associated with said random-frequency event multiplied by a weighting factor associated with said random-frequency event.

6. The method of claim 5, wherein said weighting factor comprises a measure of the likelihood of occurrence of said random-frequency event.

7. The method of claim 5, wherein the potential security interest enforcement action is an action to enforce a lien secured by real property, an action to take possession of real property, or a bankruptcy action.

8. The method of claim 4, wherein applying a stochastic model to said generated fixed-frequency and random-frequency events comprises applying the mathematical formula:

9. The method of claim 4, wherein applying a stochastic model to said generated fixed-frequency and random-frequency events comprises applying the mathematical formula:

10. The method of claim 1, wherein said interest rate takes into account a credit score of a borrower associated with the loan.

11. The method of claim 4, wherein one or more of said projected durations depend on the specified jurisdiction.

12. The method of claim 4, wherein the security interest enforcement action is being prosecuted within a specified court, and one or more of said projected durations depends on the specified court, a specified judge of the court, or both.

13. The method of claim 4, wherein one or more of said projected durations takes into account the time of year that said events take place.

14. A method for determining a monetary value for an offer to settle a security interest enforcement action in a specified jurisdiction, the method comprising:

storing in a computer-readable medium a plurality of milestones associated with completion of the security interest enforcement action;

determining, using one or more computer processors in communication with the computer-readable medium, from said plurality of milestones a total time projected for completing the security interest enforcement action by applying a stochastic model that accounts for the occurrence of one or more fixed-frequency events and one or more random-frequency events associated with completion of said plurality of milestones;

determining, using said one or more computer processors, estimated legal costs associated with completing prosecution of said plurality of milestones;

adding to said estimated legal costs, using said one or more computer processors, a first estimated time/carry cost determined by applying an appropriate interest rate to said total time projected for completing the security interest enforcement action; and

determining, using said one or more computer processors, an offer based on said estimated legal costs and said first estimated time/carry cost.

15. The method of claim 14, further comprising:

adding, using said one or more computer processors, a second estimated time/carry cost associated with property tax costs during said total time projected for completing the security interest enforcement action; and

determining, using said one or more computer processors, said offer based in part on said second estimated time/carry cost.

16. The method of claim 15, further comprising:

adding, using said one or more computer processors, a third estimated time/carry cost associated with property insurance costs during said total time projected for completing the security interest enforcement action; and

determining, using said one or more computer processors, said offer based in part on said third estimated time/carry cost.

17. The method of claim 14, wherein applying a stochastic model that accounts for the occurrence of one or more fixed-frequency events and one or more random-frequency events associated with said plurality of milestones comprises:

generating one or more fixed-frequency events associated with completing said one or more milestones, said fixed-frequency events having associated projected durations for completion;

generating one or more random-frequency events associated with completing said one or more milestones, said random-frequency events having associated projected durations for completion; and

applying a stochastic model to said generated fixed-frequency and random-frequency events to determine a total time for completing the security interest enforcement action.

18. The method of claim 17, wherein one or more of said projected durations depend on the specified jurisdiction.

19. The method of claim 17, wherein the security interest enforcement action is being prosecuted within a specified court, and one or more of said projected durations depends on the specified court, a specified judge of the court, or both.

20. The method of claim 17, wherein one or more of said projected durations takes into account the time of year that said events take place.