Just wait until they finally figure it out “It’s The Title Stupid”…the banks will get a pardon for this too, just wait and see.
Chaos will break and title companies will go after the banks for all the lemons.
FORBES-
After over a year of wrangling, last week the Obama Administration and 49 state attorneys general announced that they had reached a comprehensive settlement with five large mortgage servicers over claims related to their infamous “robo-signing” foreclosure practices.
The settlement provides $25 billion to state governments and homeowners in the form of principal reductions and cash payments, a figure that would rise if other banks sign on. In addition to imposing punishment and providing recompense for alleged past misbehaviors, the settlement provides much-needed relief and a path to recovery for a housing market paralyzed by the continued uncertainty concerning the ability of lenders to foreclose on nonperforming loans.
U.S. Housing Secretary Shaun Donovan is playing Julie the Cruise Director on the Titanic, telling everyone ‘Don’t worry, there’s no icebergs in these waters. Really, if you see any floating ice in front of us, it’s not the visible tenth of a catastrophe to come.’ Unfortunately ice is visible, it is an iceberg, and the leading edge of the submerged ice is already ripping into our democracy and our economy, leaving deep damage.
The happy talk to distract attention from the iceberg comes from two camps and has two synergistic messages.
Secretary Donovan is trying convince the American public that the what the Obama administration is doing is all that can be done to address our housing and foreclosure crisis. That’s farcically false. Other people are pushing the related message that fraud and forgery by foreclosing bankers isn’t important; the only thing that matters is whether homeowners are in default. Both groups want you to believe that the foreclosure fraud “settlement” is a good and just. Except the “settlement” isn’t. The “settlement” is just the latest in a long line of decisions not to enforce the law and further reinforces the idea that gold-collar criminals are above the law. (I put “settlement” in quotes because we’re now double digit days past the February 9 announcement, and still, there’s no deal submitted to a court for approval. And that means there’s no deal.)
So let’s take a good look at the foreclosure fraud iceberg.
While details remain scarce, it is expected that Warren County will enter a class-action lawsuit Monday against several banks involved with Mortgage Electronic Registration System Inc., county officials indicated Thursday.
Warren County Fiscal Court voted unanimously Thursday to grant authority for the county to engage the law firms of Spurgeon & Tinker, Gregory Stumbo, and Whiteford Taylor & Preston, to represent Warren County in a class-action lawsuit.
Last week, Kentucky Attorney General Jack Conway said he subpoenaed MERS, which he believes might have circumvented Kentucky law by failing to properly record mortgage assignments or pay filing fees with county clerks throughout the state.
Think you’ll have a free pass from that under water, submerged house that will only continue to sink further.
The so called principal reductions were to be a penalty not a money making scheme!
Your title will still have issues…lots of them!
FT-
The $40bn foreclosure-abuse settlement reached last week between regulators and big US banks gave President Barack Obama another shot at resuscitating his three-year-old initiative to help troubled homeowners.
As details of the agreement dribble out, it appears the deal may also give big banks reason to celebrate and mortgage bond investors and taxpayers reason to pause.
[…]
But in allowing the banks to use taxpayer-funded Hamp to meet their obligations under the settlement, the government presented the banks with an opportunity to reduce their losses, experts said.
“If the banks are doing something under this settlement, and cash flows from taxpayers to the banks, that is fundamentally an upside-down result,” said Neil Barofsky, a former special inspector-general of the troubled asset relief programme.
WASHINGTON–People seeking a review of their mortgage foreclosures under the Federal banking agencies’ Independent Foreclosure Reviewnow have until July 31, 2012, to submit their requests.
The Office of the Comptroller of the Currency (OCC) and the Board of Governors of the Federal Reserve System (Federal Reserve) today announced that the deadline for submitting requests for review under the Independent Foreclosure Review has been extended. The new deadline, July 31, 2012, provides an additional three months for borrowers to request a review if they believe they suffered financial injury as a result of errors in foreclosure actions on their homes in 2009 or 2010 by one of the servicers covered by enforcement actions issued in April 2011.
The deadline extension provides more time to increase awareness of how eligible people may request a review through the Independent Foreclosure Review process and to encourage the broadest participation possible.
As part of enforcement actions issued in April 2011, the OCC, Federal Reserve, and the Office of Thrift Supervision required 14 large mortgage servicers to retain independent consultants to conduct a comprehensive review of foreclosure activity in 2009 and 2010 to identify borrowers who may have been financially injured due to errors, misrepresentations, or other deficiencies in the foreclosure process. If the review finds that financial injury occurred, the borrower may receive compensation or other remedy.
Borrowers are eligible for an Independent Foreclosure Review if they meet the following basic criteria:
The mortgage loan was active in the foreclosure process between January 1, 2009 and December 31, 2010.
The property securing the mortgage loan was the borrower’s primary residence.
Participating mortgage servicers include: America’s Servicing Company, Aurora Loan Services, BAC Home Loans Servicing, Bank of America, Beneficial, Chase, Citibank, CitiFinancial, CitiMortgage, Countrywide, EMC, Everbank/Everhome Mortgage Company, Financial Freedom, GMAC Mortgage, HFC, HSBC, IndyMac Mortgage Services, MetLife Bank, National City Mortgage, PNC Mortgage, Sovereign Bank, U.S. Bank, Wachovia Mortgage; Washington Mutual, Wells Fargo; and Wilshire Credit Corporation.
They aren’t ready…they’re still figuring out how to add the finishing touches to screw you!
HW-
The state attorneys general and federal prosecutors will likely file the actual $25 billion foreclosure settlement documents in court by the end of the month, according to a source familiar with the deal.
The top five servicers agreed to general terms in the settlement last week, which would include billions in principal reduction, refinances, and even pay outs to homeowners affected by missteps in the process.
Questions arose recently over whether the finalization of the deal would its change the scope.
Rich Andreano, who co-leads the mortgage banking group at law firm Ballard Spahr, said while it will be difficult for analysts and officials to anticipate precisely how much aid each state will get from the deal until the documents are filed, results should not vary too significantly from the announcement made last week.
“I got the sense last week that they weren’t really ready. They weren’t done. It was one of those things where they were moving so fast that they had to announce it because it was getting leaked out,” Andreano said in an interview.
The chief regulator and conservator of Fannie Mae and Freddie Mac is adamantly opposed to principal forgiveness, a key element of the foreclosure settlement. But analyses show he’s wrong.
LA TIMES-
You can love or you can hate the recent $25-billion federal-state mortgage foreclosure settlement, but there’s no getting around one simple fact: There’s a huge, gaping hole right in the middle of it.
The hole is that if your home loan has been bought from your lender by Fannie Mae or Freddie Mac, you’re not eligible for the mortgage relief encompassed by the deal.
Since Fannie and Freddie control well more than half of all outstanding mortgages, this shortcoming looks to be what engineers would call “non-trivial.”
As Neil Barofsky asked Nick Timiraos “So perhaps that’s why the settlement was announced before even a term sheet was hammered out? To cover up FHA budget hole“?
WSJ-
The Federal Housing Administration will exhaust its reserves over the coming year, according to budget projections released Monday, which would require a Treasury infusion for the first time in its 78-year history.
But Obama administration officials said more recent developments, including fines that will go to the FHA from last week’s $25 billion mortgage settlement with five major banks, could cover any shortfall and obviate the need for taxpayer funding.
The FHA has burned through its reserves over the past three years as defaults mount on loans it guaranteed as housing markets deteriorated. FHA-backed mortgages are an attractive option for borrowers because they can make down payments as low as 3.5%. But as home prices continue to fall, many of those borrowers have fallen underwater, where they owe more than their homes are worth and are at greater risk of default if they experience income shocks.
Servicing standards: The 42-page servicing standards “term sheet” lists various requirements for banks’ documents used in foreclosure and bankruptcy proceedings; documentation of borrowers’ account balances; and ensuring integrity of the chain of title. It also includes requirements around how borrowers must be treated when they’re being evaluated for a modification or short sale, as well standards around the appropriateness of servicing fees and the use of force-placed insurance.
Borrower relief: A separate 12-page document outlines how banks have to satisfy the $20 billion portion of the deal that requires them to help homeowners. At least half of that portion must go towards writing down loan balances for homeowners that are at risk of foreclosure. Another $3 billion must be used to help homeowners who owe more than their homes are worth but are current on their loans to refinance. The remaining $7 billion can go towards anti-blight provisions, forbearance for unemployed homeowners, and short sale assistance.
Menu of “credits”: Complex formulas spell out exactly how much credit banks will receive for that aid. For example, every $1 of principal write-downs earns $1 of credit on loans that they own. However, they receive less credit for writing down second-lien mortgages that are severely delinquent.
Asking investors in mortgage-backed securities to trust the banks that issued them is like asking Charlie Brown to trust Lucy van Pelt. MBS noteholders are so convinced they’ve been duped by the folks that packaged and sold shoddy mortgage loans that it’s little wonder the banks’ $25 billion settlement with federal and state regulators has been greeted with a tsunami of skepticism. Sure, MBS investors understand that the settlement doesn’t preclude them or regulators from suing over deficient securitizations. But their fear, in the absence of the actual settlement documents, is that the loan modifications the deal calls for will reduce the revenue stream to MBS trusts.
It’s an understandable fear. The five banks that agreed to the settlement — Bank of America, JPMorgan Chase, Citigroup, Wells Fargo, and Ally Financial — carry some troubled mortgage loans on their own books. Others were bundled into MBS trusts, in which the banks transfer ownership of the mortgages and remain as servicers. MBS noteholders are supposed to receive a stream of income from the principal and interest payments on the underlying mortgage loans. So if a bank agrees to reduce the unpaid principal a homeowner owes on a mortgage that’s been securitized, less money flows to the trust and into MBS investors’ hands.
The proposed Release contains a broad release of the banks’ conduct related to mortgage loan servicing, foreclosure preparation, and mortgage loan origination services. Claims based on these areas of past conduct by the banks cannot be brought by state attorneys general or banking regulators.
The Release applies only to the named bank parties. It does not extend to third parties who may have provided default or foreclosure services for the banks. Notably, claims against MERSCORP, Inc. or Mortgage Electronic Registration Systems, Inc. (MERS) are not released. Securitization claims, including claims of state and local pension funds, and including investor claims related to the formation, marketing or offering of securities, are fully preserved. Other claims that are not released include violations of state fair lending laws, criminal law enforcement, claims of state agencies having independent regulatory jurisdiction, claims of county recorders for fees, and actions to quiet title to foreclosed properties. Of course, the Release does not affect the rights of any individuals or entities to pursue their own claims for relief.
The government’s deal with banks over their foreclosure practices after 16 months of investigations is cheap for the loan servicers while costly for bond investors including pension funds, according to Pacific Investment Management Co.’s Scott Simon.
In what the U.S. called the largest federal-state civil settlement in the nation’s history, five banks including Bank of America Corp. and JPMorgan Chase & Co. yesterday committed $20 billion in various forms of mortgage relief plus payments of $5 billion to state and federal governments.
“This was a relatively cheap resolution for the banks,” said Simon, the mortgage head at Pimco, which runs the world’s largest bond fund. “A lot of the principal reductions would have happened on their loans anyway, and they’re using other people’s money to pay for a ton of this. Pension funds, 401(k)s and mutual funds are going to pick up a lot of the load.”
FIVE big banks finally reached a deal with government authorities last week over dubious mortgage practices and foreclosure abuses.
After months of talks, Ally Financial, Bank of America, Citibank, JPMorgan Chase and Wells Fargo agreed to pay a total of $5 billion in cash to try to remedy this fiasco. They will also help homeowners who are underwater on their mortgages by reducing the principal on their loans by a combined $17 billion over the next three years.
Borrowers who qualify will get $3 billion in refinancing arrangements. Those who were improperly foreclosed on will get a combined $1.5 billion. That probably nets out to less than $2,000 a person.
If we stole $200k from a bank can we get away from any jail time and only pay back $2K to settle the deal?
Will they still come after you for a deficiency judgment and use this to pay for the % they must pay from the $25 billion dollar settlement? Because as you know taxpayers may have to fork over the % the investors don’t pay for their Fraudulent Activities not to mention having destroyed title to millions of homes.
From the video below I am not certain if Beau knows the settlement terms will get worse because it’s yet to be signed?
I’m beginning to think that the last couple of days were April 1st in disguise. I mean, what a crazy practical joke our Federal Government and State AGs just tried to play! What a parade of press conferences, all touting a deal to trade some $25 billion in mostly more accurate accounting for some kind of release of origination, servicing and foreclosure fraud. But it turns out the deal’s not real.
More than a day after the announcement of a mammoth national mortgage servicing settlement, the actual terms of the deal still aren’t public….That’s because a fully authorized, legally binding deal has not been inked yet.
All I have to say is “Linda Green” is only one person and the missing documents will be put up as soon as MERS gets them signed and notarized!
American Banker-
More than a day after the announcement of a mammoth national mortgage servicing settlement, the actual terms of the deal still aren’t public. The website created for the national settlement lists the document as “coming soon.”
That’s because a fully authorized, legally binding deal has not been inked yet.
The implication of this is hard to say. Spokespersons for both the Iowa attorney general’s office and the Department of Justice both told American Banker that the actual settlement will not be made public until it is submitted to a court. A representative for the North Carolina attorney general downplayed the significance of the document’s non-final status, saying that the terms were already fixed.
“Once the documents are finalized, they’ll be posted to nationalmortgagesettlement.com,” the representative said in an email to American Banker.
Indeed, when the settlement was announced this morning, claims against MERS were explicitly carved out; state attorneys general can go ahead with suits against the mortgage registry. MERS is as exposed as a kid locked out of the house without a coat in a snowstorm.
What are we to make of the servicing settlementannounced today with much hoopla? The short answer is not much. The settlement is the large consumer fraud settlement ever, but it accomplishes remarkably little in terms of either alleviating the foreclosure crisis of holding to account those responsible for the housing bubble and subsequent foreclosure abuses. As my Texas relatives say, it’s “All sizzle, no steak.”
Instead, I think the settlement needs be seen as the conclusion to round one of an on-going struggle for accountability and reparations for the enormous damage the housing bubble did to the United States. Whether we will ultimately see meaningful accountability and reparations in the end is very much in question. Round two, featuring the Residential Mortgage-Backed Securities Fraud taskforce, could well be stillborn; the taskforce combines more motivated and more capable agencies, but it isn’t clear of the motivated can leverage the more capable or will be bogged down by them. But as for this settlement, if this is all that we get, it’s a big nothing.
There are two big issues to parse in the settlement: what does it cover and what sort of relief does it provide. Not surprisingly, both are quite limited; the banks wouldn’t pay big dollars for a small release.
The sweetheart deal the feds just finished forcing down the throat of the state AGs is only the latest piece of evidence–evidence enough to reach ‘beyond a reasonable doubt’–that your federal government works for the banks and not you. Team Obama has placed the economic interests of the banks and the freedom of bankers above your economic interests, the rule of law, and any notion of good faith, fair dealing and justice. They won’t admit it; Team Obama will run hard as champions of the 99% on all things, including being Tough On Banks! and Helping Homeowners! But neither is true, and it’s critical that you not believe them when they say it.
That said, please understand; I’m not hawking the Republicans: Mitt Romney, Newt Gingrich and Rick Santorum are no better on banking and housing. The only candidate I heard make some sense on these issues was John Huntsman, and he’s no longer in the race. On banking and housing policy, we currently have no good candidates.
My slim hope for good bank and housing policy rests on you. If Team Obama is confronted with an informed and active electorate over the next several months–confronted with enough voters demanding good policy instead ofeasily disprovable talking points–I think it’s possible to goad a-scared-we-won’t-be-reelected Team Obama into actually doing good policy.
“Let me help a few victims I created by ripping them off and illegally throwing them out of their homes by false court filings that I swore were true.” That’s what the so-called mortgage settlement talks are really all about: fraud, perjury and crimes. That’s what these banks did and that’s what they are trying to buy their way out of.
The settlement discussions are the same: eliminate all or almost all liability for the bank and, most importantly, all bank officers and employees in exchange for a loan forgiveness or modification program. Think about this: the banks engaged in a years’ long pattern and practice of what can only be described as fraudulent if not criminal conduct that would put anyone else in prison for years if not decades, yet banks get to buy off the cops with some money to help just a few of the victims they created.
AG Coakley Secures Additional “Carve Out” to Continue Litigation over “MERS” and “Ibanez” Claims
BOSTON – A $25 billion nationwide state-federal settlement over unlawful foreclosures, including robo-signing of documents, will bring an estimated $318 million dollars in assistance to Massachusetts borrowers, Attorney General Martha Coakley announced today. Attorneys General from 49 states have agreed to join the settlement announced today in Washington, D.C.
AG Coakley also secured an additional “carve out” to the agreement to allow her office to continue to pursue further relief in the courts against the banks over two Massachusetts-specific issues. Those claims include initiating foreclosures without holding the actual mortgages (so-called “Ibanez” violations) and allegedly corrupting the land recording system through the use of the Mortgage Electronic Registration System (MERS). The agreement will settle all other claims made as part of AG Coakley’s lawsuit against the five banks filed on December 1, 2011.
“Fixing this foreclosure crisis is one of the most important things we can do to restore a healthy economy,” said AG Coakley. “In Massachusetts, this agreement provides for immediate relief and continued enforcement. The banks will provide an immediate infusion of millions of dollars in relief for struggling homeowners. It also allows our office to continue to pursue our claims against the banks for initiating illegal foreclosures in our state and corrupting our land court system. By no means is this settlement the end of our work seeking accountability and relief, as we are continuing to look at the practices of Fannie Mae and Freddie Mac and are participating in the state-federal task force investigating the practices that led to the collapse of our economy.”
Since 2007, AG Coakley has been a national leader in addressing the foreclosure crisis by holding banks and investment giants accountable for their role in the economic downturn. Her office has already recovered more than $600 million in relief for Massachusetts homeowners and investors. AG Coakley’s Office has ongoing investigations into the foreclosure crisis and will continue additional efforts to stabilize the housing market in Massachusetts.
NATIONAL STATE-FEDERAL SETTLEMENT
Through this national state-federal agreement, five major lenders are expected to provide approximately $14.6 million in cash payments to Massachusetts borrowers, $257 million worth of mortgage relief, and a direct payment of more than $46.5 million to the Commonwealth that will be used to assist homeowners. The agreement settles allegations of widespread use of fraudulent documents by Bank of America, Wells Fargo, JP Morgan Chase, Citi, and GMAC.
Massachusetts’ estimated total share of the settlement is $317,915,272:
Massachusetts borrowers will receive an estimated $224,000,819 in benefits from loan term modifications and other direct relief.
Massachusetts borrowers who lost their homes to foreclosure from January 1, 2008 through December 31, 2011 and suffered servicing abuse would qualify for $14,625,790 in cash payments to borrowers.
The value of refinanced loans to Massachusetts underwater borrowers would be an estimated $32,729,601.
The state will receive a direct payment of $46,559,061 that will be used to assist homeowners.
Under the national agreement, the five servicers have agreed to a $25 billion joint state-national settlement with these components:
Servicers commit a minimum of $17 billion directly to borrowers through a series of national homeowner relief effort options, including principal reduction. Given how the settlement is structured, servicers will actually provide up to an estimated $32 billion in direct homeowner relief.
Servicers commit $3 billion to a mortgage refinancing program for borrowers who are current, but owe more than their home is currently worth.
Servicers pay $5 billion to the states and federal government ($4.25 billion to the states and $750 million to the federal government). The state payments include funding for payments to borrowers for mortgage servicing abuse.
Homeowners receive comprehensive new protections from new mortgage loan servicing and foreclosure standards.
An independent monitor will ensure mortgage servicer compliance.
Government can pursue civil claims outside of the agreement, and any criminal case; borrowers and investors can pursue individual, institutional or class action cases regardless of agreement.
The state-federal settlement resulted from a civil investigation and initiative that began in October 2010. This investigation included state attorneys general and state banking regulators across the country, and nearly a dozen federal agencies. The settlement holds banks accountable for past mortgage servicing and foreclosure fraud and abuses and provides relief to homeowners. With the backing of a federal court order and the oversight of an independent monitor, the settlement seeks to stop future fraud and abuse.
The settlement does not grant any immunity from criminal offenses and will not affect criminal prosecutions. A separate agreement reached by Massachusetts allows the Commonwealth to pursue allegations that these five banks initiated foreclosures without holding the actual mortgages (so-called “Ibanez” violations) and allegedly corrupted the land recording system through the use of the Mortgage Electronic Registration System (MERS), stated in AG Coakley’s lawsuit against the five banks filed on December 1, 2011 . The settlement does not prevent homeowners or investors from pursuing individual, institutional or class action civil cases against the five servicers. The agreement also enables state attorneys general and federal agencies to continue to investigate and pursue other aspects of the mortgage crisis, including securities cases.
The final agreement, through a consent judgment, will be filed in U.S. District Court in Washington, D.C., and will have the authority of a court order.
Because of the complexity of the mortgage market and this agreement, which will span a three year period, in some cases participating mortgage servicers will contact borrowers directly regarding loan modification options. However, borrowers should contact their mortgage servicer to obtain more information about specific loan modification programs and whether they qualify under terms of this settlement.
AG COAKLEY’S LEADERSHIP TO ADDRESS THE FORECLOSURE CRISIS
AG Coakley’s office has already brought numerous actions against major banks and financial institutions with the goal of keeping people in their homes and avoiding unnecessary foreclosures. These include actions against Fremont , Option One , Countrywide , Morgan Stanley , Goldman Sachs and Royal Bank of Scotland which all resulted in loan modifications designed to remedy unfair and unsustainable loans in Massachusetts. AG Coakley’s office has recovered more than $600 million in relief for investors and borrowers, helped keep more than 25,400 people in their homes, and returned nearly $60 million in taxpayer funds back to the Commonwealth.
Attorney General Coakley has also agreed to join the Residential Mortgage-Backed Securities task force. On January 27, U.S. Attorney General Eric Holder, along with Housing and Urban Development (HUD) Secretary Shaun Donovan, announced the formation of the task force. AG Coakley’s Office will lend Massachusetts expertise regarding its own investigations into the use of mortgage-backed securities which contributed to the financial crisis. Massachusetts is one of the only states to successfully investigate and settle these types of claims against lenders, returning more than $200 million for borrowers.
The federal-state settlement announced today primarily affects mortgages that are owned and held by the nation’s largest bank servicers. Fannie Mae and Freddie Mac, however, control a majority of the nation’s mortgage loans. Leaders of Fannie Mae and Freddie Mac have expressed an unwillingness to participate in federal loan modification programs, including principal forgiveness. In a letter to the acting director of the Federal Housing Finance Agency (FHFA) sent last Thursday, AG Coakley insisted that the FHFA should allow for principal forgiveness, guided by a net present-value analysis, which would increase loan modifications and help stabilize the housing market.
AG Coakley has also filed legislation in Massachusetts as part of this effort to tackle the ongoing foreclosure crisis. The legislation, An Act to Prevent Unnecessary and Unreasonable Foreclosures, filed with State Senator Karen Spilka and State Representative Steven M. Walsh, would set standards for determining when a loan modification, instead of foreclosure, is appropriate and would require creditors to modify loans when an analysis shows that it’s more profitable to modify the loan than to foreclose. The legislation applies to loans that have been identified as having certain risky features, typically associated with subprime loans, and in which the banks knew or should have known were destined to fail. The legislation would also codify two recent Supreme Judicial Court Decisions, Ibanez and <em>Bevilacqua</em>, by requiring a creditor commencing foreclosure to show it is the current legal holder of the mortgage. With today’s settlement, the provisions included in the loan modification legislation would become a key piece to ensuring the implementation of the settlement and protecting homeowners now and in the future.
More information about AG Coakley’s work during the lending crisis can be on her website .
Borrowers should contact their mortgage servicer to obtain more information about specific loan modification programs and whether they qualify under terms of the state-federal settlement:
Bank of America: 1-877-488-7814
Citi: 1-866-272-4749
Chase: 1-866-372-6901
GMAC: 1-800-766-4622
Wells Fargo: 1-800-288-3212
More information can be found on the state-federal settlement at the websites below:
Consumers who may have additional questions about the settlement or other concerns can submit a complaint online or call the Attorney General’s dedicated mortgage settlement phone line at (617) 963-2170. Consumers may also contact the Attorney General’s office at the following email address agocs@state.ma.us.
This matter is being handled by Attorney General Martha Coakley’s Consumer Protection Division, including Assistant Attorneys General Amber Villa, John Stephan, Sara Cable, and Justin Lowe; Acting Division Chief David Monahan; Investigator Monique Cascarano of the Investigation Division, Stephanie Kahn, Deputy Chief of the Public Protection & Advocacy Bureau, and Deputy Attorney General Chris Barry-Smith.
now have until July 31, 2012, to submit their requests.
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