Loans | FORECLOSURE FRAUD | by DinSFLA

Tag Archive | "loans"

A Foreclosure Film in the Making Awaits Final Scene

A Foreclosure Film in the Making Awaits Final Scene


American Banker-

What do an insurance agent in Tennessee, a homemaker in Ohio, a private investigator from Wisconsin and a helicopter stunt pilot in Hollywood have in common?  Well, for one thing, they’ve all participated in some fashion in “Foreclosure Diaries,” the documentary that my company, Pacific Street Films, has been producing, in fits and starts, since 2006.

When work first started on the film, the original tag was “Follow the Money,” and the road seemed to lead towards a dark and confusing destination. There was all this talk in the industry about scads of money to be made in servicing “subprime” loans.  There were seminars, conferences, it seemed all the rage. 

[AMERICAN BANKER]

image: macgasm.net

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RE-POST: Misbehavior and Mistake in Bankruptcy Mortgage Claims – by Katherine M. Porter

RE-POST: Misbehavior and Mistake in Bankruptcy Mortgage Claims – by Katherine M. Porter


Originally posted on 9/12/2010

Katherine M. Porter
College of Law, University of Iowa

Abstract

The greatest fear of many families in serious financial trouble is that they will lose their homes. Bankruptcy offers a last chance for families save their houses by halting a foreclosure and by repaying any default on their mortgage loans over a period of years. Mortgage companies participate in bankruptcy by filing proofs of claims with the court for the amount of the mortgage debt. In turn, bankruptcy debtors pay these claims to retain their homes. This process is well established and, until now, uncontroversial. The assumption is that the protective elements of the federal bankruptcy shield vulnerable homeowners from harm.

This Article examines the actual behavior of mortgage companies in consumer bankruptcy cases. Using original data from 1700 recent Chapter 13 bankruptcy cases, I conclude that mortgage servicers frequently do not comply with bankruptcy law. A majority of mortgage claims are missing one or more of the required pieces of documentation for a bankruptcy claims. Fees and charges on claims often are poorly identified and do not appear to be reasonable. The bankruptcy data reinforce concerns about the overall reliability of the mortgage service industry to charge homeowners only the correct and legal amount of the debt and to comply with applicable consumer protection laws. Mistakes or misbehavior by mortgage servicers can have grave consequences. Bloated claims can jeopardize a family’s ability to save their home in bankruptcy. On a system level, mistakes or misbehavior by mortgage servicers undermine America’s homeownership policies for all families trying to buy a home.

The data also reinforce concerns about whether consumers can trust financial institutions to adhere to applicable laws. The findings are a chilling reminder of the limits of formal law to protect consumers. Imposing unambiguous legal rules does not ensure that a system will actually function to safeguard the rights of parties. Observing the reality that laws can under perform or even misfire has crucial implications for designing legal systems that produce acceptable and just behavior. *

[ipaper docId=37127499 access_key=key-1py1ywgn8bbgdaroowup height=600 width=600 /]

 

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FDIC has to face $10 billion WaMu-related lawsuit

FDIC has to face $10 billion WaMu-related lawsuit


REUTERS-

A federal judge ruled that the Federal Deposit Insurance Corp has to face a $10 billion lawsuit tied to the failure of Washington Mutual Bank.

The judge refused the FDIC’s request to dismiss the lawsuit brought by Deutsche Bank National Trust Co over bad mortgages that were securitized by Washington Mutual.

Washington Mutual, or WaMu, was seized by the Office of Thrift Supervision in September 2008 in the biggest bank failure in U.S. history.

The FDIC was appointed receiver and immediately sold the bank to JPMorgan Chase & Co for $1.9 billion.

[REUTERS]

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THE END | Two States Ask if Paperwork in Mortgage Bundling Was Complete

THE END | Two States Ask if Paperwork in Mortgage Bundling Was Complete


CONTROL FRAUD | ‘If you don’t look; you don’t find, Wherever you look; you will find’ -William Black

NYTimes Gretchen Morgenson-

Opening a new line of inquiry into the problems that have beset the mortgage loan process, two state attorneys general are investigating Wall Street’s bundling of these loans into securities to determine whether they were properly documented and valid.

The investigation is being led by Eric T. Schneiderman, the attorney general of New York, who has teamed with Joseph R. Biden III, his counterpart from Delaware. Their effort centers on the back end of the mortgage assembly lines — where big banks serve as trustees overseeing the securities for investors — according to two people briefed on the inquiry but who were not authorized to speak publicly about it.

continue reading [NYTimes]

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READ LETTER | MBA Asks HUD to Permit E-Signatures on FHA Loans

READ LETTER | MBA Asks HUD to Permit E-Signatures on FHA Loans


We all know where very similar words got MERS…

“E-signatures will reduce the volume of lost paperwork, reduce signature fraud, reduce the time required to close a loan, and may lead to lower borrower costs.”

MERS cannot even keep track of who owns what loan and with all the alleged fraudulent signatures originating from it’s certifying officers signing virtually any number of documents to land records… special caution to permit e-signatures that can easily be cut and pasted.

What if this ever gets “hacked”… nothing is bullet proof.

Read the letter below…

[ipaper docId=57025234 access_key=key-145ld1yf6pkpn8zowucm height=600 width=600 /]

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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LETTER? | BAC TRANSFERRING HOME LOANS BACK TO BANK OF AMERICA, N.A.?

LETTER? | BAC TRANSFERRING HOME LOANS BACK TO BANK OF AMERICA, N.A.?


Due to a possible copyright issue, letter will not be posted. It also provides some information about sending a “Qualified Written Request” if you have any concerns over your loan.

IMO this might have to do with MERS… don’t ask why but it’s just a feeling…possibly due to now “defunct” America’s Wholesale Lender no longer around for MERS to act as nominee, many of these loans originated with AWL… Make your own determinations after you get a better picture… [see Full Deposition Transcript of ROY DIAZ Shareholder of Smith, Hiatt & Diaz, P.A. Law Firm and begin on pg. 58]

via Living Lies-

We are receiving reports that BAC is sending out letters declaring that they are transferring loans from BAC or Bank of America, the parent company as of July 1, 2011.

The question is why? It seems that BOA is starting to realize the title problems inherent in its takeover of Countrywide and the initiation of loans using money from investors who bought bogus mortgage bonds. There is no doubt that the fundamental defects in the original loans is starting to bother BOA and other banks, along with their shareholders and creditors. They managed to get the NY Federal Reserve Bank to issue a statement that was dismissive of such claims. But the Fed doesn’t decide contractual or property rights — that is the exclusive province of the judicial branch applying existing laws.

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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HW | JPMorgan must pay $4 million to get foreclosure docs from Ben-Ezra

HW | JPMorgan must pay $4 million to get foreclosure docs from Ben-Ezra


According to Housing Wire [link]

JPMorgan Chase must pay a $4 million surety bond to expedite the transfer of foreclosure cases still under the umbrella of foreclosure law firm Ben-Ezra & Katz.

The U.S. District Court for the Southern District of Florida made that ruling after JPMorgan Chase Bank sued Ben-Ezra, alleging the firm is delaying the return of foreclosure documents that represent $400 million in financial transactions. JPMorgan requested the documents after terminating an agreement with Ben-Ezra to handle its foreclosures.


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JPMorgan Chase Sues Florida Foreclosure Law Firm BEN-EZRA & KATZ Over Files

JPMorgan Chase Sues Florida Foreclosure Law Firm BEN-EZRA & KATZ Over Files


March 28 (Bloomberg) — JPMorgan Chase & Co. sued the Florida law firm of Ben-Ezra & Katz to force it to return files of foreclosure cases in which the firm represented the bank.

JPMorgan said in a complaint filed March 25 in federal court in Miami that the files include thousands of original promissory notes, mortgages and other documents that “evidence and secure” loans worth more than $400 million. The New York- based bank seeks a court order forcing Ben-Ezra to return the files and unspecified damages.

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Bank of America Board Sued by Shareholders Over Mortgage Recording Defects

Bank of America Board Sued by Shareholders Over Mortgage Recording Defects


Once again, how will the eMortgage and eNote business take off when they can’t even do these things right. This complaint probably has a lot of meat on it. Can’t wait to see it.

via BLOOMBERG

Bank of America “did not properly record many of its mortgages when originated or acquired, which severely complicated the foreclosure process when it became necessary,” according to the complaint filed today in New York state Supreme Court in Manhattan. The bank also concealed that it didn’t have adequate personnel to process the large numbers of foreclosed loans in its portfolio, the shareholders said.

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WaPO | SEC moves to charge Fannie, Freddie execs

WaPO | SEC moves to charge Fannie, Freddie execs


The Securities and Exchange Commission is moving toward charging former and current Fannie Mae and Freddie Mac executives with violations related to the financial crisis, setting up a clash with the housing regulator that oversees the companies, according to sources familiar with the matter.

The SEC, responsible for enforcing securities laws, is alleging that at least four senior executives failed to provide necessary information to investors about the companies’ mortgage holdings as the U.S. housing market collapsed.

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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National Association of Independent Land Title Agents (NAILTA) White Paper on MERS, H.R. 6460

National Association of Independent Land Title Agents (NAILTA) White Paper on MERS, H.R. 6460


Per a tip SFF received: This Bill should boil it down to where the GSE’s should only accept loans where there is a proper Chain of Title recorded in Public Records and a Chain of Indorsements showing a proper Chain of Negotiation to the GSE’s where both chains match from Origination to final purchase by the GSE’s.

The National Association of Independent Land Title Agents (NAILTA) has released a white paper on the recent troubles with the Mortgage Electronic Registration Systems (MERS) mortgage registry and a position statement in favor of the premise behind a bill sponsored by Representative Marcy Kaptur (D-OH) known as H.R. 6460, or the “Transparency and Security Mortgage Registration Act of 2010″.

——————

——————


111TH CONGRESS
2D SESSION

H. R. 6460


To prohibit Fannie Mae, Freddie Mac, and Ginnie Mae from owning or guaranteeing any mortgage that is assigned to the Mortgage Electronic Registration Systems or for which MERS is the mortgagee of record.

Continue Below…

[ipaper docId=45004130 access_key=key-nqvdvjithp0iusr9la3 height=600 width=600 /]

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DEUTSCHE BANK TRUST NATIONAL LETTER TO SERVICERS REGARDING FORECLOSURES

DEUTSCHE BANK TRUST NATIONAL LETTER TO SERVICERS REGARDING FORECLOSURES


To: ALL HOLDERS OF RESIDENTIAL MORTGAGE BACKED SECURITIES FOR WHICH DEUTSCHE BANK NATIONAL TRUST COMPANY OR DEUTSCHE BANK TRUST COMPANY AMERICAS ACTS AS A SECURITIZATION TRUSTEE

FROM: DEUTSCHE BANK TRUST NATIONAL COMPANY, AS TRUSTEE AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE (the “Trustee”)

Date: October 25, 2010


Re: Certain Allegations Regarding Loan Servicer Foreclosure Practices

[ipaper docId=40118047 access_key=key-ip8rlx60flja8xmwp35 height=600 width=600 /]

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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VIDEO: GRETCHEN MORGENSON EXPLAINS MORTGAGE SERVICING, SECURITIZATION

VIDEO: GRETCHEN MORGENSON EXPLAINS MORTGAGE SERVICING, SECURITIZATION


Gretchen Morgenson is a Pulitzer Prize winning journalist. Gretchen is one of the first journalist who began reporting on the mortgage crisis and understands exactly what is happening all around us. We thank Gretchen for all her hard work and we are proud to say she is aware of StopForeclosureFraud.com :)

From Pacific Street Films: pacfilm

Gretchen Morgenson, Pulitzer Prize winning New York Times writer, interviewed for Pacific Street’s upcoming feature doc on the financial crisis. Begun in 2007, this film (yet untitled) has strayed in many directions; covered much ground, and, when completed, will offer a very different perspective on the personalities and companies that have played the principal leads in the longest-running soap opera in this country’s financial history. A Ken Burns documentary it is not…

Image credit: ?

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Posted in foreclosure, foreclosure fraud, foreclosure mills, foreclosures, gretchen morgenson, investigation, MERS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., securitization, servicers, stopforeclosurefraud.com, Wall StreetComments (1)

Misbehavior and Mistake in Bankruptcy Mortgage Claims

Misbehavior and Mistake in Bankruptcy Mortgage Claims


Katherine M. Porter
College of Law, University of Iowa

Abstract

The greatest fear of many families in serious financial trouble is that they will lose their homes. Bankruptcy offers a last chance for families save their houses by halting a foreclosure and by repaying any default on their mortgage loans over a period of years. Mortgage companies participate in bankruptcy by filing proofs of claims with the court for the amount of the mortgage debt. In turn, bankruptcy debtors pay these claims to retain their homes. This process is well established and, until now, uncontroversial. The assumption is that the protective elements of the federal bankruptcy shield vulnerable homeowners from harm.

This Article examines the actual behavior of mortgage companies in consumer bankruptcy cases. Using original data from 1700 recent Chapter 13 bankruptcy cases, I conclude that mortgage servicers frequently do not comply with bankruptcy law. A majority of mortgage claims are missing one or more of the required pieces of documentation for a bankruptcy claims. Fees and charges on claims often are poorly identified and do not appear to be reasonable. The bankruptcy data reinforce concerns about the overall reliability of the mortgage service industry to charge homeowners only the correct and legal amount of the debt and to comply with applicable consumer protection laws. Mistakes or misbehavior by mortgage servicers can have grave consequences. Bloated claims can jeopardize a family’s ability to save their home in bankruptcy. On a system level, mistakes or misbehavior by mortgage servicers undermine America’s homeownership policies for all families trying to buy a home.

The data also reinforce concerns about whether consumers can trust financial institutions to adhere to applicable laws. The findings are a chilling reminder of the limits of formal law to protect consumers. Imposing unambiguous legal rules does not ensure that a system will actually function to safeguard the rights of parties. Observing the reality that laws can under perform or even misfire has crucial implications for designing legal systems that produce acceptable and just behavior. *

[ipaper docId=37127499 access_key=key-1py1ywgn8bbgdaroowup height=600 width=600 /]

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in bankruptcy, deed of trust, Economy, foreclosure, foreclosures, investigation, mortgage, note, Real Estate, universityComments (1)

WALL STREET FINES: “LARGE PONZI SCHEME”

WALL STREET FINES: “LARGE PONZI SCHEME”


CONGRESS IS COVERING UP! SHAM…SCANDAL!

Janet Tavakoli of Tavakoli Structured Finance tells what she thinks of recent fines the SEC has imposed on Wall Street giants and where she would like future investigations take place.

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in bogus, CitiGroup, concealment, conspiracy, CONTROL FRAUD, corruption, foreclosure, foreclosure fraud, foreclosures, goldman sachs, mbs, originator, Real Estate, S.E.C., scam, securitization, servicers, settlement, sub-primeComments (1)

Fannie Mae Requirements for Document Custodians

Fannie Mae Requirements for Document Custodians


[ipaper docId=34929249 access_key=key-1r2lqf9dy84f0m2bbsq height=600 width=600 /]

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in chain in title, fannie mae, foreclosure, foreclosures, mortgage, non disclosure, servicers, trustee, Trusts, truth in lending actComments (1)

Countrywide probe snares Fannie, Freddie execs

Countrywide probe snares Fannie, Freddie execs


By JAKE SHERMAN | 7/20/10 2:34 PM EDT

Employees at Fannie Mae and Freddie Mac — including top executives — received 173 cut-rate loans from Countrywide Financial, according to a congressional probe, the latest accusation that the lender tried to curry influence with people in power.


A Republican-led investigation revealed that Fannie Mae employees — including an assistant to the CEO, a government relations lobbyist and a vice president for sales — received 153 favorable loans, while 20 VIP loans were issued to employees at Freddie Mac. Countrywide Financial collapsed in the 2008 housing meltdown and was swallowed by Bank of America, but its connections to powerful political figures continue to reverberate in Washington.


These are the same type of special loans that created an ethics controversy for Democratic Sens. Kent Conrad of North Dakota and Chris Dodd of Connecticut. The senators were accused of getting VIP mortgages because of their political positions but were later cleared by the Senate Ethics Committee.

Republican investigators believe the preferential treatment on the loans ranges from slashing interest rates and waiving third-party fees to giving enhanced customer service.

The investigation has also uncovered potential evidence that Countrywide was offering bad loans, which would lose money, to influential people at Fannie Mae. An e-mail, obtained by POLITICO, shows Countrywide employees discussing the refinancing of the loan of former Fannie Mae Chief Operating Officer Daniel Mudd, acknowledging the sensitivity and potential for financial loss.

“Make sure the branch … understand[s] the sensitivity of this deal,” the e-mail to former Countrywide Vice President Daniel Rector reads. “We are already taking a loss, it would be horrible to add a service complaint on top and lose any benefit we generate.”

Special-rate loans might violate Fannie Mae’s code of conduct, which prohibits discounted loans, according to a letter summarizing the investigation’s results.

The report redacted most of the names of employees who received VIP loans.

The investigation, headed by Reps. Edolphus Towns (D-N.Y.) and Darrell Issa (R-Calif.), also identifies Fannie Mae CEO Jim Johnson, the company’s former CEO, Franklin Raines, former Vice Chairwoman Jamie Gorelick and Mudd as having received loans as part of the “Friends of Angelo” program — named for former Countrywide CEO Angelo Mozilo. The executives were previously identified as being part of the embattled lender’s loan program but have denied knowing that they had been singled out by the lender. Johnson alone received $10 million in loans, according to the letter.

The information was uncovered as part of a wider  investigation into Countrywide Financial by the House Oversight and Government Reform Committee. Issa, the panel’s top Republican, and Towns, its chairman, subpoenaed Countrywide for records dealing with the VIP loan program in October 2009.

Continue reading …POLITICO

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in concealment, conflict of interest, conspiracy, corruption, countrywide, fannie mae, Freddie Mac, STOP FORECLOSURE FRAUDComments (1)

MUST READ | Finding The Missing Piece In The Reconveyance Puzzle

MUST READ | Finding The Missing Piece In The Reconveyance Puzzle


State-level legislation introduced earlier this year proposed that the beneficiary of a trust deed have only 30 days after payoff to deliver a written request to the trustee to reconvey the property back to the grantor.

If the beneficiary delayed delivery of the request and missed the 30-day deadline by even one day, the beneficiary would be liable to the grantor for $500, the legislation stated. This amount would be in addition to all actual damages incurred by the grantor.

Consequently, if a prospective sale of the property was lost because of a delay in following through with the reconveyance, the beneficiary would be held liable for substantial damages.

This can be a real trap if it takes more than 30 days to forward a request for reconveyance. The $500 fine could be just the beginning. In the opinion of George C. Reinmiller Trustee Inc., beneficiaries, loan servicers and trustees will probably see more of this type of legislation around the country, because a limited few have been slow in completing reconveyances.

The penalties and monetary losses don’t stop there.

With the rise in foreclosures and an increase in budget cutbacks, lenders and servicers have been seeing a higher demand to have complete and accurate collateral files to certify their pools of loans.

By completing an audit and ensuring everything is there, servicers will find it easier to close on the sale of the pool and will see a decrease in requests for the repurchase of certain assets in the file. These certified pools of loans are considered more valuable and are, therefore, sold relatively easily.

In today’s market, purchasers of pools look for any number of reasons for a seller to repurchase loans. One such reason – in fact, the most common reason – is incomplete files.

If there are problems within a pool, lenders and servicers can spend huge amounts of money trying to discover the missing pieces. Another possible headache is the time and money involved to go back and forth with the attorney trying to resolve these types of issues should the loan fall into foreclosure. If the issues cannot be resolved quickly, the seller may have to buy back the loans, which is something a struggling company shudders to hear.

What can lenders and loan servicers do to quickly correct these types of problems or keep them from occurring in the first place?

The more time that passes between origination and file verification, the more costly and difficult it becomes to obtain any missing documents. Sometimes, with cutbacks (such as loss of human resources) or, as we see happening more frequently these days, the relocation of offices, documents can be forgotten or misplaced and can end up sitting incomplete in an abandoned filing cabinet that will probably go untouched until someone accidentally comes across it.

Servicers should take aggressive document control and verify they have the documents they need in each file as soon as possible. If documents are missing, there are still strategies that can be employed.

Finding and obtaining missing original documents that have to be publicly recorded (e.g., mortgages, assignments and assumptions) are fairly easy to retrive. For instance, you can get a certified copy from the county recorder where the property is located, as long as the document was originally recorded.

Research can be done to verify whether the document was recorded by searching the county’s Web site or speaking with the recorder’s office. You may obtain a certified copy by phone or by mailing in a certified copy request to the county recorder. However, there are a few recording districts that require an abstractor to physically come in to research and/or request a copy of a document.

Obtaining copies of missing documents that were never recorded on the public record – such as title policies – can get much more complicated. One can always go directly to the title company or title agent that issued the policy, but with current conditions in the economy and mortgage industry, title companies have been closing their doors.

The next step is to contact the underwriter. Most underwriters will not send the original policy, because they normally do not have it. However, they should be able to send a certified copy. Because each purchaser is different and may have a different concept of what is acceptable, specificity is key. Get a clear definition of what a certified copy of a title policy is from the purchaser before obtaining one from the underwriter.

There is a chance that the underwriter may not have the policy, either. In that case, the underwriter might have to re-issue it, which can get pretty costly. To re-issue the policy, the underwriter will normally require a complete chain of assignments. Most underwriters will only reissue a title policy directly from the current beneficiary of the mortgage and will use the assignments on record to verify that person’s identity.

With Mortgage Electronic Registration Systems (MERS), missing assignments have, in recent years, become less of a problem for some, but there are still many mortgages that are not registered with MERS. With the countless number of banks and mortgage companies being sold or closing, it can become a Sherlock Holmes case trying to find an entity that can sign and, therefore, complete the assignment chain. It usually starts with searching various Web sites and tracking down the current holder or entity of the company.

When all else fails
Then the phone calls start in an attempt to find the right person to sign the document. What happens if you can’t find anyone to sign? In many cases, when there is no one left that can sign an assignment, a lost assignment affidavit is a possible resolution. But keep in mind that only certain states and/or recording jurisdictions allow these affidavits. If all else fails, then it is up to the courts to resolve the problem, which is when the expenses start to increase once again.

By having all loan files complete, one is able to move quickly if a loan is paid in full, as well. Steep penalties can be avoided in certain states by providing a release or reconveyance in a timely manner. This is especially important if Reinmiller’s opinion holds true and the trend of shortened compliance time frames grows further.

Lenders and servicers should take a proactive approach in their daily functions and do whatever it takes to ensure that their files are complete from the start to avoid costly mistakes with unpredictable results.

Jessica Woods is vice president of Richmond Monroe Group Inc., an outsource services provider offering processing and technology solutions to the servicing industry. She can be reached at (417) 447-2931 or jessicaw@richmondmonroe.com.


© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in conflict of interest, foreclosure, foreclosures, MERS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., STOP FORECLOSURE FRAUD, title company, trade secretsComments (1)

Mortgage Servicers Blast Administration’s Homeowner Aid Program

Mortgage Servicers Blast Administration’s Homeowner Aid Program


First Published Thursday, 24 June 2010 09:21 pm
Copyright © 2010 Dow Jones & Company, Inc.

(Updates with comments from Treasury official.)

By Darrell A. Hughes

Of DOW JONES NEWSWIRES

WASHINGTON -(Dow Jones)- Mortgage servicers on Thursday told U.S. House lawmakers that consecutive changes to the U.S. Treasury Department’s foreclosure prevention program have made it increasingly difficult to keep distressed borrowers in their homes.

Real-estate financial services consultant Edward Pinto described the Home Affordable Modification Program in two words: “numbing complexity.”

“At last count, HAMP had 800 requirements and servicers are expected to certify compliance,” he said. “With ever changing regulations, a constant need to re-evaluate past decisions in light of new regulations, and multiple appeals, it is no wonder that the HAMP pipeline became clogged through no substantial fault of servicers.”

HAMP was created to help financially strained borrowers avoid foreclosure, but the program’s lackluster performance has been mired in controversy, as some lawmakers are questioning whether the program should remain ongoing.

On Thursday, members of the House Oversight and Government Reform Committee held the second of two hearings to assess HAMP’s progress. This latest hearing primarily focused on what servicers are doing to ensure borrowers receive adequate relief.

Pinto, who served as Fannie Mae’s chief credit officer from 1987-1989, testified before the committee, along with J.P. Morgan Chase & Co.’s (JPM) head of home lending, David Lowman, and CitiMortgage Chief Executive Sanjiv Das. CitiMortgage is a unit of Citigroup Inc. (C). Bank of America (BAC) executive Barbara Desoer and Wells Fargo & Co. (WFC) executive Michael Heid were among others who testified.

According to Treasury’s most recent data, nearly one out of four homeowners offered help under the program have fallen out of HAMP. About 1.2 million trial modifications had been started under the plan and about 281,000 homeowners had been dropped by the end of April.

Many borrowers were expecting a mortgage modification when they ultimately didn’t qualify, Wells Fargo’s Heid said, adding that a lack of income documentation and failure to make all of the trial modification payments were the primary reasons some borrowers failed to receive a permanent modification.

Heid echoed the frustration expressed by Pinto and provided lawmakers with a “partial list” of more than 20 changes to the program since its inception in February 2009. “This has contributed to a level of complexity that has been difficult for customers to understand and for services to communicate and execute,” he said.

At the first hearing in March, Herbert Allison, Treasury’s assistant secretary for financial stability, acknowledged the program has had issues, including problems at some mortgage servicers, the difficulty for some borrowers to provide needed documentation, and “a process that has proven more complex administratively than originally conceived.”

Allison, responding to criticism from servicers, said Treasury took “swift and unprecedented action” in creating HAMP, which called for servicers to be recruited, policies and guidance to be developed; and that’s in addition to “mounting a massive effort to reach homeowners.”

Allison defended the administration’s actions, saying “there was little precedent on how to design a modification program of the scale required and limited data on which to base estimates of potential performance.” He added, “There was no existing infrastructure in the mortgage finance market or the government to carry out a national modification program at a loan level.”

Assessing HAMP’s impact on the industry, Allison said the program has changed the fundamentals of servicer duties from “collecting payments and processing foreclosures, to one that provides payment assistance to qualified homeowners.”

Servicers who testifed before lawmakers made several positive remarks about the program providing relief to many Americans. Still, they remain concerned that HAMP fails to address the financial circumstances and hardships of all borrowers.

The mortgage servicers told lawmakers that HAMP isn’t the only option, and each of them outlined their respective plans to assist borrowers with in-house initiatives that could be tailored to the needs of specific borrowers.

Pinto projected that the overall success of HAMP is likely to negatively impacted by high re-default rates. Pinto’s permanent mortgage re-default rate forecast is ten percentage points below the 50% that’s been projected by other mortgage sector observers.

Pinto based his projection on two statistics: most HAMP permanent modifications being made on loans with mortgage balances in excess of current home values and borrowers that received a permanent modification through May 2010 having a median total debt-to-income ratio of 64%.

“This leaves little money for food, clothing, taxes and other expenses,” Pinto said. “As a result, these borrowers are a worn-out furnace or roof replacement away from re-default.”

-By Darrell A. Hughes, Dow Jones Newswires; 202-862-6684; darrell.hughes@dowjones.com

(Michael R. Crittenden and James R. Hagerty contributed to this story.)

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in UncategorizedComments (1)

Lawmakers slam top mortgage firms on loan mods

Lawmakers slam top mortgage firms on loan mods


(Updates with Treasury official Herb Allison’s comments)

By Corbett B. Daly

WASHINGTON June 24 (Reuters) – The four largest mortgage lenders in the United States were grilled on Capitol Hill on Thursday about the limited number of home loans they have modified for homeowners facing foreclosure.

“I just wonder how hard you are really trying?” Rep. Dennis Kucinich asked David Lowman, chief executive of home lending at JPMorgan Chase & Co (JPM.N).

Lowman said JP Morgan had been understaffed to handle the demand from struggling homeowners seeking to restructure payments, though they have added staff in recent months.

“Why are you denying loan modifications to my constituents?” Kucinich, an Ohio Democrat, asked Lowman, calling JP Morgan Chase uncooperative with borrowers.

Ohio has been one of the hardest-hit states in the U.S. home foreclosure crisis.

The House Oversight and Government Reform Committee also summoned chief executives of the home lending units of Bank of America Corp (BAC.N), Citigroup Inc (C.N) and Wells Fargo & Co (WFC.N) to answer questions about their loan modification practices.

Also at the witness table was American Home Mortgage Servicing Inc, which collects loan payments but does not make or hold loans. AHMSI is known in the industry as a monoline servicer, while the other four firms both make and service loans.

In 2009, the Obama administration announced the $75 billion Home Affordable Modification Program, known as HAMP, which provides incentives to loan servicers to modify loans for troubled borrowers. HAMP has been widely criticized as ineffective. Less than $200 million has been spent to date.

The Treasury Department said on Monday more people had been kicked out of trial loan modifications than had received permanent modifications.

About 150,000 borrowers who could not prove their income or keep up with the new payments had their modifications canceled in May, bringing the total number of cancellations to about 430,000, or more than one-third of the 1.24 million trial modifications started since the program’s inception.

HAMP NOT THE ONLY SOLUTION

The number of borrowers who have received a permanent loan modification rose to 340,459 in May — about 11 percent of 3.2 million HAMP eligible loans.

“This is not just about HAMP,” the panel’s chairman, Edolphus Towns, said, referring to the modification program.

“I think the mortgage banking industry has got to recognize that HAMP cannot be the only solution to the mortgage foreclosure crisis,” the New York Democrat told the financial executives.

Herb Allison, assistant Treasury secretary for financial stability, noted that there was little precedent on how to design a large national program and the administration has now begun to put pressure on servicers to increase modifications by publicly releasing data on their performance.

“The HAMP program fundamentally changed the servicer industry from one based on collecting payments and processing foreclosures, to one that provides payment assistance to qualified homeowners,” Allison said in a prepared statement released after the hearing.

All of the executives said they have made more loan modifications than just HAMP modifications.

JP Morgan Chase said it has completed about 173,000 permanent modifications, including roughly 47,500 HAMP loans, since the beginning of 2009.

Bank of America said it has completed more than 630,000 loan modifications since January 2008, including roughly 70,000 HAMP loans.

Rep. Steve Driehaus, an Ohio Democrat, urged the executives to stop foreclosure proceedings while they negotiated new loan terms with borrowers.

“We are sending a very mixed message when we are proceeding with foreclosure while negotiating” a loan modification, Driehaus said.

Citi and Wells Fargo said they do stop foreclosure proceedings as soon as loan repayment talks begin. Bank of America, JP Morgan Chase and AHMSI said they continue to pursue foreclosures on a dual track strategy, though foreclosure remains an option of last resort. (Reporting by Corbett B. Daly; Editing by Jan Paschal and Jeffrey Benkoe)

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in bank of america, citi, foreclosure, foreclosure fraud, foreclosures, jpmorgan chase, mortgage modification, wells fargoComments (0)

Applications For Foreclosures By Mighty Banks Are Often Speckled With Mistakes

Applications For Foreclosures By Mighty Banks Are Often Speckled With Mistakes


Applications For Foreclosures By Mighty Banks Are Often Speckled With Mistakes

by  Karen,   published:  Wednesday May 19, 2010

There is an adage fixed to the walls in front of the chambers of Judge Arthur M. Schack in Supreme Court Building at Brooklyn – “Be sure brain in gear before engaging mouth.” Inside foreclosures are piled up high enough to vie with the Alps. Each week the high and mighty banks of USA seek out his court to snatch the houses of New York residents who have failed in paying mortgage dues. Very often, said Schack, the applications of the banks are speckled with mistakes.

Judge Schack points out one motion coming from Deutsche Bank. The representative of the bank had claimed to be the vice president of two banks. His office was located in Kansas City but the notarization of the signature was in Texas. Moreover the bank was not the owner of the mortgage when it started with foreclosure proceedings against the borrower. Promptly the matter was dismissed.

Judge Schack said, “I’m a little guy in Brooklyn who doesn’t belong to their country clubs, what I can tell you? I won’t accept their comedy of errors.”

While there are hot debates and angst against bailing out banks and demands for more action to help homeowners, Judge Schack is sparring with the deadliest sword of all – the law. The law is being used to put them lenders in their places. The sympathies of the judge are clear for all to see.

In the previous two years 102 foreclosure places had come before him. He has tossed out from these 46 cases. His slicing decisions laced with allusions to the wealth of the bank presidents that are reminders of the legendary King Croesus, have won the respect of the legal fraternity across USA and especially in Florida, Ohio and California.

One or two bank officials have tried to stand up against him complaining that the judge has been depriving them of what is rightfully theirs. Recently HSBC made an appeal against a ruling complaining that the judge has set before others a “dangerous precedent” by behaving like “both judge and jury.” He has got rid of foreclosure cases even before getting any response from the house owners.

Together with few other state and federal judges, Justice Schack has held up a magnifying glass before the doings of the mortgage industry. During the past decade the bankers in heady haste handed out millions of mortgage loans with terms that were an admixture of good, bad and dangerously ugly.

Posted in foreclosure fraud, judge arthur schackComments (0)


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