Archive for the ‘Mortgage Settlement’ Category

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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How Some States Are Spending Foreclosure Settlement Money Is Far From Settling

Friday, May 18th, 2012


States are taking settlement money right from under us!

It’s pretty hard to find a single housing advocate or foreclosure defense attorney, myself included, who didn’t find the national mortgage settlement to be, at the very least, flawed.

It may have been a necessary step to getting the housing market back on track, but we know that it didn’t come close to compensating homeowners who had been illegally kicked out of their homes, and in the end, the banks are getting off remarkably light for their robosigning crimes.

Which is why what a multitude of states are doing with some of the banks money is downright revolting.

At least a dozen states are taking tens of millions of dollars in direct payments from the settlement and treating them like a slush fund.

Let me explain.

Part of the settlement included $2.5 billion that was given outright to the states. Florida took in just over $334 million.

The settlement calls for these dollars to be used to “to avoid preventable foreclosures, to ameliorate the effects of the foreclosure crisis, to enhance law enforcement efforts to prevent and prosecute financial fraud, or unfair or deceptive acts or practices and to compensate the States for costs resulting from the alleged unlawful conduct of the Defendants.”

But much like much of the settlement overall, there is nothing in this language that has any real measure of enforcement. Some states are flat out ignoring these instructions and doing whatever they want with the money they are getting off the backs of good honest homeowners.
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An Open Letter to Pam Bondi

Wednesday, May 2nd, 2012

Florida Attorney General Pam BondiFlorida Attorney General Pam Bondi is now asking for the public’s input on what she should do with the $300 million the state will be receiving directly from the national mortgage settlement.

She is openly soliciting your suggestions through her website from now until May 14th. As a foreclosure defense attorney and one of the people on the front lines of the housing crisis, I have more than a few ideas.

So Pam, please consider this my open letter to you and your office.

First and foremost, here is what you should NOT do with the money. Don’t throw it at principal reduction. It will have virtually no impact on Florida’s communities, it would be like throwing the money into quicksand.

So far, Florida’s efforts to offer financial relief to homeowners have just fallen flat.

Florida’s Hardest Hit program just hasn’t worked, and even recent changes to the program’s requirements will not help it reach enough people.

Move The Banks Out of Your Cities

What you need to do Ms. Bondi, is use the money to make systemic changes to Florida’s housing market.

First, give the money to your towns and cities to clear out Florida’s foreclosure blight. Blight caused by the abundance of abandoned homes the banks own, but refuse to take care of.

I’ve long told my readers that banks are bad neighbors, and the Sun-Sentinel now has the numbers that make my case.

Ms. Bondi, despite what your boss says, banks are the problem and you need to get them out of your cities and towns. Give your local governments the ammo to do it.
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Politics of Foreclosure? The Wall Street Journal Needs a Reminder

Wednesday, March 21st, 2012

Over a year ago I felt compelled to call out The Wall Street Journal after a particular column really got under my skin.

It’s time to call them out once more. Not for another column, but rather, a lack of one.

In October 2010 their column “The Politics of Foreclosure” made light of the plight many of my clients have undergone, and shrunk the foreclosure crisis down to a mere inconvenience for a few Washington insiders.

You and I, of course, know different.

And as the crisis grew wider and wider, and the expansiveness of the banks fraud became even more apparent, The Wall Street Journal’s Editorial Board continued to be a haven for outdated ideas, protection of the status quo and disgust for anyone trying to do good by the American homeowner.

When the AG settlement was first announced back in February, the Wall Street Journal called it a ‘bank job’ worthy of the Barker gang.

I found it disturbingly amusing that a settlement that was basically little more than a public spanking for the banks angered them so. The settlement didn’t land a single banking executive in jail, yet the columnists at The Wall Street Journal still treat the banks as the victims in the housing crisis.

The crisis, you know that the banks basically created.

The Wall Street Journal editorial board still believes the banks didn’t illegally foreclose on a single homeowner, something I personally know not to be true.

Either their editorial board is remarkably stupid or just ignorant.

And so I shouldn’t be all that surprised that they have been silent after the Department of Housing and Urban Development released audits that laid out how pervasive the culture of fraud was amongst our nation’s lenders.
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