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.
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. (more…)
The banks are terrified they might actually be held accountable for their actions!
If you haven’t already heard, there is a monumental case that was heard Thursday morning in theFlorida Supreme Court, and every single homeowner should be paying close attention to this case.
Missing documents, fraudulent assignments, fraudulents notaries, and forged documents, and a bank once again trying to shuffle it’s dirty deeds under the rug like loose dirt.
So Bank Of New York’s lawyers tried to re-file with a new assignment, one which was fraudulently backdated (AKA robosigned).
The bank’s original lawyers, by the way, were from David J. Stern’s office.You know their story.
When our good friend and colleague Tom Ice, Pino’s lawyer, challenged the documents, Bank of New York suddenly decided they didn’t want to foreclosure anymore, dropped their lawsuit and scurried back into their hole.
End of the story??
Not even close. Ice continued to dog Bank of New York like a pitbull, because he, believe it or not, also thinks the banks need to actually be held accountable! (Remarkable I know.)
He tried to have the voluntary dismissal overturned, so that Bank of New York could face sanctions for the forged documents they tried to use to swindle Roman Pino and the court. (more…)
Florida Attorney General Pam Bondiis 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 suggestionsthrough 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.
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.
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. (more…)
First, homeowners should never have to pay anything up front for a loan modification or information on how to negotiate with their lender, says Roy Oppenheim, whose Florida-based law firm Oppenheim Law has handled more than 1,000 mortgage and foreclosure fraud cases over the past 5 years.
“If you’re paying upfront to a non-lawyer who’s claiming they can modify your loan, that’s a big scam,” Oppenheim says.
The foreclosure crisis isn’t over, but a new trend in real estate sales could be the light at the end of the tunnel for many borrowers and lenders. Short sales, which occur when homeowners sell their homes for less than what they still owe, outpaced foreclosures for the first time ever in January,according to a new report from Lender Processing Services, Inc.
The Federal Housing Finance Agency announced this month that mortgage servicers will be required to review and respond to short sale offers within 30 days and make final sale decisions within 60 days. The new requirements, which take effect in June, have kept lenders busy expanding and training the staff needed to catch up with growing short sale demand. (more…)
Maybe you weren’t convinced the first time I told you the era of the short sale was finally upon us.
I can’t blame you for thinking that banks were acting irrationally when it comes to the foreclosure process.
But Lender Processing Services just offered up the most convincing numbers to date that short sales are no longer just some pie-in-the-sky dream for distressed underwater borrowers.
In January short sales made up 23.9 percent of home sales, while foreclosure sales made up 19.7 percent of all home purchases.
Of course that means that over half of all real estate closings are for distressed homes.
A year before, the percentages were skewered in the opposite direction. In January 2011, 16.3 percent of home purchases came through short sales, and 24.9 percent were foreclosures.
Why are the banks now convinced, as I was long ago, that going through the long and harrowing process of a foreclosure is not their best option?
The proof is once again in the numbers. On average, foreclosed homes sold for 29 percent less than non-distressed properties in January.
Homes sold via short sale? They went for 23 percent less. Here in Florida, LPS says short sales have outnumbered foreclosures since July.
That means short sales are a better deal for the banks, plain and simple.
The truth is banks don’t want to own these properties, they certainly can’t handle maintaining these homes, and they just end up laying waste to neighborhoods by hanging on to them. (more…)
I said after the foreclosure settlement was announced that banks had been given the green light to rev up their foreclosures engines, and in South Florida at least, I’m being proven right.
RealtyTrac’s numbers from last month show dramatic year-over-year increases in both new foreclosure filings (85%) and repossessions (39%) in Palm Beach, Broward, and Miami-Dade counties, compared to March 2011.
In Florida overall, new foreclosure cases were up 58 percent. Nationally however, new filings dropped 12 percent from last year, however they rose 7 percent from February.
Since the sunshine state has one of the largest foreclosure backlogs in the country, it really shouldn’t surprise you that the numbers skew so heavily against Florida.
The settlement has emboldened banks to become more aggressive in seeking to foreclosure, and the numbers certainly back that up.
More back and forth this week from Edward DeMarco, who despite announcing that principal reduction could save Fannie Mae and Freddie Mac 1.7 billion dollars, seems unwilling to venture far from his previous stance on loan modifications.
He said in a speech this week that a new analysis does show writing down the value of some underwater mortgages does have the potential to lower foreclosure rate and save both GSEs substantial money, but he’s still downplaying the significance of principal reduction.
While he has eased up on his previous refusals to even entertain the idea of modifications, he still seems fixated on the risk of strategic default, which he feels could wipeout any potential savings. (more…)
This comes after the settlement was filed in court last month. DC District Judge Rosemary Collyer did the honors Wednesday.
I won’trehash my thoughtsabout 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 intosecuritized trusts.
THAT is where the banks will hopefully get what’s really coming to them.
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. “ (more…)
