California Foreclosure Rates Fall to Lowest Level in 4 Years: Backlog?

Mortgage defaults in California declined 19% for the 2nd quarter and are at their lowest level in 4 years.

The number of homes repossessed by banks also declined in the second quarter. A total of 42,465 homes were repossessed by banks during those three months, a 10.9% decline from the same period a year earlier and a 1.4% decline from the previous quarter.

While some speculate the market is improving, these numbers may be largely due to a massive backlog that’s postponing foreclosures for up to a year after their origination. California has the highest number of foreclosure filings of any state.

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Report: Banks Still ‘Robo-Signing’ Despite Heat From Feds

According to an Associated Press special report, more than 8 months after big banks and mortgage servicers made a pact to stop robo-signing, 3 county officials have come forward to say that they’ve received thousands of robo-signed documents since last fall.

Apparently unethical practices are still alive and kicking within the mortgage industry, and big banks remain above reproach. Robo-signing is not even close to over,” says Curtis Hertel, the recorder of deeds in Ingham County, Mich., which includes Lansing. “It’s still an epidemic.” One county official told the AP “my office is a crime scene.”

The AP reported:

The documents have come from several companies that process mortgage paperwork, and have been filed on behalf of several major banks. One name, “Linda Green,” was signed almost two dozen different ways.

Mortgage servicers claim they are working to put an end to the banned practice, but can’t understand why it persists. Critics claim the pact between big banks and mortgage servicers to end robo-signing was a facade because no real punishment or consequences were implemented, allowing wide-spread abusive practices by banks to continue.

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Loan Modification Scam Prevention Network

The U.S. has seen a dramatic rise in loan modification scams throughout the financial crisis, and there’s been little effort on state and federal levels to protect borrowers from these devastating scams. Loan modification scams are constantly changing to adapt to new regulations and policies, making them harder to detect. The Loan Modification Scam Prevention Network (LMSPN or Network) was created to “strengthen the fight against these scammers and support existing efforts at the national, state and local levels.”

According to LMSPN the most common types of loan modification scams include:

  • Fake counseling and foreclosure prevention programs- Scam artists posing as counselors pretend to negotiate loan modifications with lenders. This process is often drawn out for months as the homeowner’s debt grows larger. These “counselors” charge a “processing” or “administration” fee for their phony services. These scammers often advise borrowers to cease all communication with their lenders and in some cases request mortgage payments be paid directly to them. After collecting a fee, and sometimes several mortgage payments, the scammer disappears.
  • Phony government mortgage modification programs- These scammers pose as government program affiliates and  swindle homeowners into paying hefty up-front fees in order to “qualify” for federal modification programs. Their websites often sound official, but will usually end in .com or .net rather than .gov.
  • Forensic loan audit- These scammers offer to review your loan documents for lender violations. The scammer will claim the audit can be used to prevent foreclosure, speed up mortgage modification, and much more. There will be an up-front fee, of course, and the audit offers no guaranteed effectiveness.
  • Bait-and-Switch- The scam artist has homeowners sign documents for a “new loan modification” that promises to make your existing mortgage current. This is a trick. Instead, homeowners sign documents that surrender the title or deed of their house to the scam artist in exchange for a “rescue” loan.
  • Rent-to-Own or leaseback-The scammer urges you to give up the title or deed of your home as part of a deal that will keep you in your home as a renter with the option to buy back in a set amount of time. The scammer may have no intention of ever selling the home back to you. The terms of these deals usually make buying back your home impossible. Also, when the new borrower defaults on the loan, you’re evicted.

MSNBC said in a blurb released today:

Millions of Americans fighting foreclosure are signing up for programs promising to help modify their loans. But a group of homeowners in the Bay Area say they paid thousands of dollars and got nothing in return. They are now part of a growing lawsuit.

If you think you’ve been the victim of a loan modification scam, go to www.preventloanscams.org to register your complaint and get help recovering your money.

If you’ve been involved in a loan modification scam we’d love to hear from you. Send us your stories!

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Suze Orman Talks Responsible Homeownership

Ms. Orman answers a complaint alleging her show discouraged an eligible couple from purchasing a home. Orman responds with her tough criteria for responsible homeownership.

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Sheila Bair: Housing Crisis Heroine

Sheila Bair, chairwoman of the Federal Deposit Insurance Corporation, revealed in a riveting exit interview in The New York Times that the mortgage industry’s rampant abuse of homeowners and government funding stems from lack of “market discipline” and a general “disdain for borrowers.” “I think some of it was that they didn’t think borrowers were worth helping,” said Bair.

Bair’s role in the F.D.I.C. was characterized by the heinous subprime mortgage crisis that led to the collapse of the housing market, which she foresaw and fought to prevent. Bair began speaking out against predatory subprime lending as early as June of 2006, voicing concerns that inevitable massive defaults would devastate entire communities as well as the banking system. Bair addressed the unwavering resistance on the part of financial institutions to grant loan modifications, and pioneered to overcome this resistance long before the housing bubble burst in 2007.

Bair and the F.D.I.C. regulated floundering banks such as Wachovia and Washington Mutual throughout the crisis. Bair crusaded against bailouts and was also a major player in crafting the Dodd-Frank reform law, often considered the most significant achievement in financial regulation since the Great Depression.

Joe Nocera of The New York Times reported:

Since the law passed, she has made an immense effort to convince Wall Street and the country that the nation’s giant banks — the same ones that required bailouts in 2008 and became known as “too big to fail” institutions — will never again be bailed out, thanks in part to new powers at the F.D.I.C. Just a few months ago, she went so far as to send a letter to Standard & Poor’s, the credit-ratings agency, suggesting that its ratings of the big banks were too high because they reflected an expectation of government support. If a too-big-to-fail bank got into trouble, she wrote, the F.D.I.C. would wind it down, not bail it out.

As a moderate Republican – an increasingly rare breed in today’s world of faith-based evangelism and tea party antics – Bair believes strongly in “regulations that reinforce economic incentives.”

Crusading against the criminal tactics of subprime lenders was a lonely feat for the F.D.I.C. chairwoman. No one else seemed to care. Lenders profited by selling the loans to Wall Street. Wall Street then bundled the high-risk securities and sold them off to unknowing investors. Federal Reserve chairman Alan Greenspan did nothing tame subprime lending abuses due to an abhorrence to regulation, and the Office of the Comptroller of the Currency actually used its federal jurisdiction to shoot down individual states’ attempts to regulate abusive subprime tactics.

The White House’s approach to the subprime lending explosion has been largely ineffective as well. ProPublica reported:

While Bair said that President Barack Obama’s “heart is in the right place,” she criticized his economic team for taking controversial steps to aid banks while, in Nocera’s words, being “utterly unwilling to take any political heat to help homeowners.”

We have been tracking Obama’s struggling home loan modification program since 2009. Bair’s analysis of the government’s approach is very much in line with what we’ve reported. From the beginning, the program was watered down and stripped of key enforcement measures, after President Obama backed away from his campaign promises to force banks to modify mortgages. Treasury’s oversight of the program has been lax and characterized by deference to banks.

The government has only recently begun to penalize several major banks for their byzantine, error-prone modifications. As we’ve reported, homeowners have often been forced to deal with lost documents, poor communication and mistaken denials. As of May, approximately 730,000 homeowners had received permanent loan modifications—a fraction of the millions of homeowners that the Obama administration promised to help.

While Bair admitted that some of the bailouts were necessary, she was quick to point out that they were entirely too generous. “I’ve always wondered why none of A.I.G.’s counterparties didn’t have to take any haircuts. There’s no reason in the world why those swap counterparties couldn’t have taken a 10 percent haircut. There could have at least been a little pain for them.” Remember the public’s reaction to Goldman Sachs collecting $12.9 billion from the A.I.G. bailout? Bair also added, “They didn’t even engage in conversation about that. You know, Wall Street barely missed a beat with their bonuses. Isn’t that ridiculous?”

 

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Protecting Its Fannie: How Mortgage Giant Primed the Bubble, Covered Its Assets

SUMMARY

(PBS.org) As part of his Making Sen$e series, Paul Solman reports on the new book, “Reckless Endangerment,” which argues that for the past 20 years, Fannie Mae, a government-sponsored enterprise that increases money for homeownership, pursued profits for itself and bought risky loans that inflated a housing bubble that eventually burst.

Original link: www.pbs.org

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AG Probes Bank of America Settlement

New York attorney general, Eric Schneiderman, has requested information on the $8.5 million Bank of America settlement involving 22 investors involved in sour mortgage-backed securities. Schneiderman claims some of the investors may not have agreed to the terms of the settlement and plans to challenge the deal.

The requested information is part of an ongoing probe into the shoddy mortgage practices of big banks launched earlier last month. Schneiderman’s office sent letters dated July 7 to all of the companies involved in the settlement including BlackRock Financial Management, Metropolitan Life Insurance, Pimco, and Goldman Sachs Asset Management, requesting their full cooperation in the investigation.

The New York Times reports:

The proposed Bank of America settlement covers 530 mortgage pools issued by Countrywide Financial, the lender purchased by the bank in a distress sale in 2008. But the investment firms that agreed to the deal held interests in only about one-quarter of those pools, leading some investors to question its fairness. Furthermore, the proposed settlement does not allow investors who do not like its terms to opt out and bring their own suits against Bank of America. Any outstanding claims against the bank by investors who hold any of these securities would be extinguished under the deal.

One investor, Walnut Place LLC, has already objected to the terms of the settlement arguing that negotiations were led by a Countrywide trustee, an obvious conflict of interest, and were of a clandestine nature. New York State Supreme Court Justice Barbara R. Kapnick set a hearing on the settlement for Nov. 17.

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Federal Foreclosure Prevention Efforts Face Huge Obstacles

National foreclosure rates are down as of lately, but not because of successful federal foreclosure prevention efforts. Since being subjected to scrutiny and new regulations, banks have been scrambling to reform shoddy mortgage modification procedures. Very few struggling homeowners have benefited from current federal foreclosure prevention programs, and servicers aren’t biting at incentives either.

The Wall Street Journal’s Nick Timiraos reports:

Policy ideas include having taxpayer-owned mortgage giants Fannie Mae and Freddie Mac relax their rules for loans to investors, allowing those buyers to vacuum up excess housing inventory. In certain markets, Fannie and Freddie could hold some foreclosed homes off the market and rent them out to ease the property glut.

Even with a complete overhaul, will the government be able to effectively enforce new standards and regulations? It certainly hasn’t so far.

The Treasury has long been pushing principal reductions on servicers by offering incentives for writing down balances of distressed homeowners. Last month the Treasury revealed data on this initiative that showed about 16,000 active principal reduction mortgage modifications. Of those, nearly 5,000 have been made permanent. That’s out of over 2 million foreclosures.

Fannie Mae and Freddie Mac, who own or guarantee the majority of U.S. mortgages, refuse to participate in principal reduction programs. Despite being owned by taxpayers and seized by the government, the two mortgage giants have not been forced to comply with new programs.

The Obama administration’s proposed revamped foreclosure prevention efforts will most likely flounder like their predecessors as long as Fannie Mae and Freddie Mac have the option to opt out.

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Bank of America Settlement May Speed Up Foreclosures

Bank of America’s most distressed borrowers may lose their homes to foreclosure a lot faster than expected due to a settlement between the bank and jilted investors involved in fraudulent bundled mortgage securities.

According to The New York Times, the deal will benefit homeowners who’s situations are less dire, while speeding the foreclosure process for those who are further underwater.

The agreement doesn’t set precise standards for those who can be assisted, but servicers have been using 31 percent of income as the upper limit for mortgage payments.

“The goal is to reinstate as many borrowers in a modification that performs well,” said Tony Meola, a servicing executive with Bank of America. “It also is likely to lead to faster resolution in those unfortunate situations where foreclosure is inevitable. While not a desirable outcome, the recovery of the housing markets depends on moving through the foreclosure process as quickly and fairly as possible.”

The fate of some 275,000 distress BofA borrowers will depend largely on how far along they are in the foreclosure process and how much income they have coming in. Those with more workable, salvageable situations will fare much better.

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HUD Shells Out $1 Billion to Distressed Homeowners

The Emergency Homeowners Loan Program (EHLP) is a potential lifeline that will assist up to about 30,000 distressed borrowers nation-wide who are behind on payments due to unemployment or underemployment.

EHLP was supposed to start last year. Implementation delays set the program back a year and now the Department of Housing and Urban Development must spend all its $1 billion by the end of the federal government’s fiscal year, Sept. 30.

That gives borrowers until July 22 to complete their applications. If demand exceeds available funds, HUD will run a lottery for applicants.

A few select states have more time to spend the funds because they started taking EHLP applications earlier in the year for comparable state programs.

Rep. Barney Frank (D-Mass.) urged legislatures to implement the program in the financial reform bill of 2010. Frank stated in an interview, “If you took out a reasonable mortgage in the first place and the only reason you can’t pay it is because you became unemployed, there’s reason to help.” Frank suggested acquiring funding for EHLP by taxing sizable financial firms, but House Republicans opposed the proposal.

Critics of EHLP say it’s futile to combat a crisis caused by lack of employment with anything other than job creation. “The best foreclosure mitigation program in America is a job. It’s not a government check, it’s a paycheck,” Rep. Jeb Hensarling (R-Tex.) said in a statement.

Other critics believe it’s unfair to shift responsibility from innocent homeowners to innocent taxpayers and future generations that will be forced to pick up the $1 billion tab. “What’s the moral superiority of the borrower who did nothing wrong versus the taxpayer who did nothing wrong?” said Mark Calabria of Cato Institute.

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