Archive for the ‘Independent Foreclosure Review’ Category

Congressional Inquiry Into Foreclosure Review Is Too Little, Too Late

Wednesday, February 6th, 2013

An edited version of this post by Roy Oppenheim was first published in US News and World Report’s Home Front Blog and is being redistributed on South Florida Law Blog with their permission.


Old Cllock

So now some key members of Congress want a thorough review of the Independent Foreclosure Review process?

The same process that was just scuttled in favor of another vague multi-billion dollar settlement? The same process that leaves as much doubt, if not more, about homeowner relief?

The same process many—myself included—questioned from the very beginning?

So Congress, where ya been?

It’s great to puff your chest now and call for transparency to “speed recovery in the housing markets,” but as the saying goes, ‘It’s a day late and a dollar short.’ Scratch that—it’s a few years too late and billions of dollars short.

While recovering, housing markets across the country are still reeling from the 2008 collapse, and every minute wasted on these ‘independent’ reviews is time that is not being spent fixing the larger problems at hand, including the giant mess that is Wall Street.

Many of the politicians demanding a thorough examination of the Independent Foreclosure Reviews are people I respect tremendously. That being said, we are so far beyond the 8-ball, that I wonder if the transparency they are demanding is actually attainable.

For starters, we’ve heard this kind of promise before, and it rarely seems to pan out. Second, the very same government that claims to be looking out for homeowners is still too intertwined with Wall Street’s interests.

I got an E-mail from the U.S. Chamber of Commerce hailing a decision invalidating the president’s 2012 recess appointments—including the director of the Consumer Financial Protection Bureau—as a landmark victory and an “incredible win for the employer community.”
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CFPB to Banks: Just Play Nice In the Sandbox

Saturday, January 26th, 2013

Roy Oppenheim’s commentary was originally published in US News and World Report’s Home Front Blog and is being redistributed on South Florida Law Blog with their permission

piggybanks425x283I have come to keep my expectations low every time a new housing fix gets unveiled, that way I am never disappointed.

Whether it’s the national mortgage settlement or the Independent Foreclosure Review, each of these 30,000 foot foreclosure prevention initiatives promise us an end to fraudulent practices and better standards in home mortgage lending.

But most of these programs are like vampires with dentures, they lack real bite. As long as Wall Street and the government resemble a Human Centipede, that will always be the case.

The new mortgage lending rules issued this month by the Consumer Financial Protection Bureau—which will be implemented starting in 2014—look great on paper, but as before these rules lack a thorough enforcement arm. And without one, what is the point of putting new lending policies in place at all?

In employment law, private right of action allows any employee improperly compensated to sue for unpaid overtime and recover attorney’s fees if they win the case. In other words, private right of action means individuals can enforce the law on behalf of the government.

If ever there was an area of consumer protection that screams for a private right of action, it would be any regulation that addresses home mortgage standards. Still, the CFPB admits no such right exists for borrowers in these new regulations.

When it comes to the banks and big business, they still have the dazzling ability to pull a fast one on regulators. Over the past 10 years they have been able to lobby politicians to ensure that the only way certain laws get enforced is through government involvement and government enforcement alone.
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Independent Foreclosure Review: R.I.P.

Thursday, January 10th, 2013

Roy Oppenheim’s commentary was originally published on Yahoo Homes! and is being redistributed on South Florida Law Blog with their permission.

RIP GravestoneThe Independent Foreclosure Reviewis dead. Long live the Independent Foreclosure Review.

When word came out about this so-called “independent” process last year, few bought into it. I certainly never did, and most homeowners knew from the beginning that it lacked any pretense of integrity.

It essentially came out of last year’s $25 billion mortgage settlement, as a way to placate those victimized during the robosigning era. But the banks, if they weren’t in charge, still had their hand in how the program was plotted from the very beginning.

It was never independent, that was the biggest oxymoron if there ever was one. Banks hired the reviewers, who were basically unemployed ex-mortgage brokers; paid the reviewers; in some cases actually provided answers to them.

This program was a contaminated cesspool from the very start. It was unsalvageable, and it was never going to do anything for any true victims of foreclosure.

The whole thing was a hoax.

So as this latest $8.5 billion settlement with 10 of the largest banks and servicers goes public, perhaps the best news is this sham of a review process is going the way of Old Yeller.

The irony of course is that the banks, and not the homeowners, were the ones who pulled the trigger. They realized it was better to throw in the towel now than face their own mistakes.

The mistakes they once told us didn’t exist but in fact were so rampant that these reviews were taking too long and costing too much.
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Foreclosure Review: Just Another Government Program You Can’t Count On

Tuesday, June 26th, 2012
Fairy Tales

Don’t expect the government to come in and ‘save’ your house from foreclosure!

I’m not one for fairy tales, for shining white knights, and magical rescues.

I’m not cynical, but I am a realist. When it comes to fixing the housing market, and righting the wrongs of the fraud-closure crisis, there is no magic wand.

If you’re waiting for the government ‘cavalry’ to ride in and make everything alright, I’m sad to say you’ll be waiting a long time.

Time and time again homeowners have looked to government programs for justice, but with a decidedly mixed bag of results.

Maybe that is why I was not all that surprised at some of the glaring omissions that I found with the Independent Foreclosure Review program.

It has not received the same amount of press as the servicing settlement that the attorneys general agreed to, but this Independent Foreclosure Review is also supposed to rectify the ‘errors’ committed by servicers, if you were in foreclosure between 2009 and 2010.

Any homeowner is eligible to apply for the review process, which bank regulators have promised will be free from the banks’ grips, despite the fact that the banks are PAYING the consultants who are performing the reviews.

That’s Strike One.

And of course the regulators, not the banks, are still referring to fraud as an ‘error.” Yet another undersell of the banks’ illegal activities. Strike Two.

Oh and there is no appeal process if the consultants rule against you. Strike Three.

Last week the Officer of the Comptroller of the Currency and the Federal Reserve, the two agencies behind this program, announced an extension for homeowners who want to file for one of these so-called independent reviews, and for the first time laid out the specifics of the ‘errors’ done by the banks and penalties and what type of ‘errors’ these penalties would cover.
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