Posts Tagged ‘mortgage settlement’

Friday Round-Up; Foreclosure Settlement Signed; Oversight Begins; Palm Beach Foreclosures Jump; Feds Offer REO Rental Rules

Friday, April 6th, 2012

cowboy lassoJudge Signs $25 Billion Foreclosure Settlement

It’s finally official. The so-called $25 billion foreclosure settlement has been signed off by a federal judge.

This comes after the settlement was filed in court last month. DC District Judge Rosemary Collyer did the honors Wednesday.

I won’t rehash my thoughts about what’s good and what’s bad about this settlement. Everything that needs to be said about it has been said.

You and I know that the banks will get more of a pass than they are entitled to for all of their robosigning shenanigans. In reality they are really only paying out about $5 billion in actual money, and I’ve still haven’t seen a single banking officer jailed.

Just remember this fight ain’t over yet!. This settlement was a necessary step, in order for the feds to move on to their investigation into securitized trusts.

THAT is where the banks will hopefully get what’s really coming to them.

Mortgage settlement oversight begins in North Carolina

Now that the settlement is official, the new government agency that will be watching the banks is now open for business.

North Carolina Banking Commissioner Joseph Smith is going to oversee the office and how the banks will receive “credits” towards the settlement for providing homeowners mortgage relief.

Relief, unfortunately, will often come in the form of transactions, such as short sales, that the banks were already doing before the settlement was announced.

“By itself, this settlement will not remedy every problem that system faces. But trust in our mortgage system can move forward if we use this opportunity to show fairness, transparency and accountability,” Smith said. “
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Robosigning Exposed in HUD Audits

Thursday, March 15th, 2012

After you read the information in these audits, chances are you'll be screaming too!

Well what do you know.

Earlier this week I blogged about the mortgage settlement documents and their stunning lack of detail on the frauds committed by the banks during the days of robosigning.

I was frustrated because it seems like the complete recklessness of the banks was being whitewashed in order for the settlement to go through.

Turns out I was just looking in the wrong place.

Just as the Department of Justice announced that the mortgage settlement had been filed in court, Housing and Urban Development released the results of a series of stinging audits, one for each lender in the settlement.

It was HUD’s investigation that helped lead to the settlement in the first place.

The settlement is hundreds and hundreds of pages. Most of the audits were around 10 pages long. Yet there is more harsh truth about how far the banks went to rob people of their homes in those select pages than in the entire settlement.

So what’s in these audits that is so damning?

Facts. Numbers. Witness Statements. And just how far the banks went keep the lid on how pervasive robosigning was

In other words, plenty to make your skin crawl. There’s no whitewashing here.

In Bank of America’s case, their attorneys interfered with HUD’s investigation, refusing to allow some of their employees to answer questions, sometimes stopping them mid-sentence.

Ally Financial’s attorneys made 18 current employees plead the fifth and blocked them from talking to investigators.
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Foreclosure Settlement Filed; But Banks’ Crimes Go Largely Ignored

Tuesday, March 13th, 2012

In the weeks after the mortgage settlement was announced by the Federal Government, I waited under baited breath to the see it in its entirety.

Almost every week I read a different report stating the documents to finalize the settlement were about to be filed in court.

And as each reported deadline came and went, I grew more and more skeptical.

Would the banks manage to sneak some last minute releases in? Would the lofty figures promised to beleaguered borrowers be diminished?

The good news, now that documents have been completed and released to the public, is that the answer to both questions is a sound no.

The banks are not getting any get-out-of-jail-free cards, claims against MERS and the securitization process are still very much on the table.

On the other hand, did I learn anything new about the massive frauds perpetrated by the banks? Not really.

There are pages listing what the government has now labeled as “Unfair, Deceptive, and Unlawful Loan Practices”.

The settlement does say that the banks violated federal laws, that they wrongfully denied modification applications, and overcharged for ‘forced place insurance, among other misdeeds.

It even finally acknowledges that the banks engaged in robosigning.

But these are things that my clients and I have long known.

If you’ve read the Wall Street Journal, or the New York Times, or any thorough news story on the housing crisis, there’s little in the mortgage settlement’s pages that will surprise you.

And that’s thoroughly disappointing. What the government has presented to the public is a complete white-washing of the robosigining and “fraudclosure” scandal. It acknowledges that the banks committed certain indiscretions yes, but I couldn’t find one concrete example, not one thorough examination of how it occurred.
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Friday Round-Up — Bank Of America Makes Deal; Return of Rocket Docket?; Foreclosed Military To Receive Pay Day

Friday, March 9th, 2012

cowboy lassoBank of America to Reduce Principal For 200,000 Underwater Homeowners

First some good news, if you’ve got an underwater mortgage owned by Bank of America.

BofA has come to a separate agreement with the US government to to help reduce some the fines it owes to the Housing and Urban Development Agency from last month’s huge settlement.

Bank of America has agreed to cut the principal of more than 200,000 underwater loans, and they are cutting them by an even larger amount than the other 4 banks. In exchange they’ll owe about $850 million less in fines.

If you’re a Bank of America customer (and the loan has to be owned by them, Fannie and Freddie loans don’t count) and you qualify, you will have the opportunity to cut your mortgage balance to your home’s current value.

The reductions will average more than $100,000, according to the Wall Street Journal. This is big news because the settlement only promises to reduce the principal of eligible loans to 125% of their current value.

Bottom line, that’s 200,00 homeowners who won’t be underwater anymore and will have a real chance of staying in their homes. But I wish the other banks would step up and follow Bank of America’s lead.

Fla. budgets $4 million to hire more judges to clear foreclosure backlog

Now here comes the bad news, for Florida homeowners facing foreclosure. We could be seeing a return to the days of Florida’s infamous ‘rocket docket’ if the state legislature approves a one time $4 million stipend which will allow Florida’s court to hire more judges and case managers for the foreclosure courts.
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