November 22, 2011
OCC Releases Status Report on Fixing Deficient Foreclosure Practices
WASHINGTON — The Office of the Comptroller of the Currency (OCC) issued a report today on the actions by 12 national bank and federal savings association mortgage servicers to comply with consent orders issued in April 2011 to correct deficient and unsafe or unsound foreclosure practices.
The report, “Interim Status Report: Foreclosure-Related Consent Orders,” summarizes progress on activities related to the independent foreclosure review announced November 1, 2011, as well as other activities to enhance mortgage servicing operations, strengthen oversight of third-party service providers and activities related to Mortgage Electronic Registration Systems (MERS), improve management information systems, assess and manage risk, and ensure compliance with applicable laws and regulations.
While much of the work to correct identified weaknesses in policies, operating procedures, control functions, and audit processes will be substantially complete in the first part of 2012, other longer term initiatives will continue through the balance of 2012.
In addition to the interim report, the OCC also released engagement letters that describe how the independent consultants, retained by the servicers, will conduct their file reviews and claims processes to identify borrowers who suffered financial injury as a result of deficiencies identified in the OCC’s consent orders. The letters identify the names of the independent consultants conducting the reviews and include language stipulating that consultants would take direction from the OCC throughout the reviews. This language specifically prohibits servicers from overseeing, directing, or supervising any of the reviews. Limited proprietary and personal information has been redacted. The review process being implemented at some companies may differ from that described in the engagement letters because of subsequent coordination with the OCC to ensure a consistent process among the servicers.
Pursuant to 12 C.F.R. § 4.12(c), the disclosure of the engagement letters at the OCC’s election has no precedential significance.
- Aurora Bank: Allonhill, LLC (PDF, 4 MB)
- Bank of America: Promontory Financial Group, LLC (PDF, 3.1 MB)
- CitiBank: PricewaterhouseCoopers, LLP (PDF, 3 MB)
- EverBank: Clayton Services, LLC (PDF, 6 MB)
- HSBC: Ernst & Young, LLP (PDF, 2 MB)
- JPMorgan Chase: Deloitte & Touche, LLP (PDF, 6.1 MB)
- MetLife Bank: Ernst & Young, LLP (PDF, 3.2 MB)
- OneWest: Navigant Consulting, Inc. (PDF, 3.1 MB)
- PNC: Promontory Financial Group, LLC (PDF, 1.8 MB)
- Sovereign: Treliant Risk Advisors, LLC (PDF, 1.6 MB)
- US Bank: PricewaterhouseCoopers, LLP (PDF, 2.4 MB)
- Wells Fargo: Promontory Financial Group, LLC (PDF, 4.9 MB)