Showing posts with label Foreclosure-gate. Show all posts
Showing posts with label Foreclosure-gate. Show all posts

Wednesday, December 14, 2011

California ranks No. 1 for mortgage fraud

Were Number #1!
Mortgage fraud activity slowed overall in the third quarter, but California ranks first in home loan fraud, with the state seeing as much as $204.2 million in losses on deceptive mortgage activity.
That's according to a new report from MortgageDaily, which found that lenders victimized by fraud faced inflated appraisals and fraudulent documentation.
California was followed by New York, which experienced $199.6 million in losses from nefarious activities in mortgage finance.
New York was followed by Florida, South Carolina and Minnesota in terms of fraudulent activity.
The total loss value of all mortgage activity in the third quarter hit $1.3 billion.
In the third quarter, the Mortgage Fraud Index maintained by MortgageDaily noted that there were 1,173 mortgage fraud cases in the third quarter.

Tuesday, November 8, 2011

Is Occupy Foreclosures next?: Bankrate

The San Francisco Chronicle reports that Occupy Oakland activists met this week to discuss not whether to occupy empty homes, but when and how to do it. One strategy the group is considering is contacting people who lost their houses to foreclosure and having them move back into the properties. Prior to the Occupy movement, there were some isolated cases in which homeowners who had been evicted moved back into their former homes months after the lender had taken title to the properties.
People might be surprised that banks and lenders may not be as timid as some local governments.  Look for lenders to evict, press charges, and seek monetary compensation if property is damaged.

Tuesday, November 1, 2011

Foreclosures in 2009-10 eligible for review

Under a new federal foreclosure review program, major servicers must hire independent consultants to search for foreclosure errors and provide financial compensation if the reviewers find damages.
Fourteen mortgage servicers have been tasked with hiring reviewers to look over the foreclosures they processed in 2009 and 2010, after an audit by the Office of the Comptroller of the Currency found widespread evidence of shoddy home repossessions.
And....
Between now and December 31, homeowners eligible for the program will receive letters from their mortgage servicers asking if they would like to have their foreclosure cases reviewed. Homeowners have until April 30, 2012 to respond.
Eligible homeowners who request a review will have their cases looked over by an independent consultant and will receive a report with the findings of the review. If the reviewer finds that an improperly handled foreclosure caused financial injury, the homeowner will be eligible for financial compensation
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Thursday, October 13, 2011

Foreclosures increase California

After months of a foreclosure slowdown caused by investigations into improper practices, the nation's home-repossession machinery is beginning to move again — particularly in states such as California where courts don't oversee the process.
The number of homes entering the foreclosure process surged 19% in the third quarter compared with the previous quarter in states where foreclosures take place largely outside of the courtroom, according to RealtyTrac, an Irvine information firm. These nonjudicial states include California, Nevada, Arizona, Oregon and Washington.
The reason why in these states.
"[The banks] are generally working through more of these loans, but the places where they can file the most quickly are going to be the nonjudicial states," said Celia Chen, a housing economist with Moody's Analytics.
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Wednesday, October 5, 2011

BofA May Face Fraud Claims for Soured Loans

Bank of America Corp. (BAC) should face fraud proceedings after its Countrywide unit submitted faulty data to back up claims for reimbursement on federally insured mortgages, according to an audit by a U.S. watchdog.
Half of 14 loans reviewed had “material underwriting deficiencies” concerning borrowers that resulted in more than $720,000 in losses, according to a Sept. 30 report from the Department of Housing and Urban Development’s inspector general. Kelly Anderson, a HUD regional inspector general, recommended the agency pursue legal remedies against Charlotte, North Carolina-based Bank of America, the biggest U.S. lender.
“Countrywide did not properly verify, analyze, or support borrowers’ employment and income, source of funds to close, liabilities and credit information,” Kelly wrote in the audit. “This noncompliance occurred because Countrywide’s underwriters did not exercise due diligence in underwriting the loans.
And...
In one instance, Countrywide said a borrower earned $6,192 a month when pay stubs reflected income of $4,377. In other cases, Countrywide failed to properly review bad loans to ensure they met HUD’s guidelines before submitting claims, the department said.
In a 35-page response to HUD dated July 19, Bank of America Senior Vice President Linda Jacopetti acknowledged that “oversights may have occurred in some instances” and said the unit didn’t intentionally disregard FHA guidelines. There were “isolated occurrences in a handful of cases among thousands of FHA loans originated” in that time, she said.
Lemar Wooley at HUD and Michael Zerega of the inspector general office declined to comment on the report.
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Tuesday, October 4, 2011

Fannie Mae knew of foreclosure abuses, gov't report says

An unnamed shareholder warned Fannie Mae of alleged foreclosure abuses in 2003, the inspector general for the agency that regulates Fannie says in a report being released Tuesday.
Fannie Mae responded by hiring a law firm to investigate the claims in 2005. The law firm reported in 2006 that it had found foreclosure attorneys in Florida "routinely filing false pleadings and affidavits."
Fannie officials said they told a government official about the law firm's findings in 2006. That unnamed official, who now works for Fannie's regulator, the Federal Housing Finance Agency, said he couldn't recall the conversation, the report says.
Fannie began using a network of attorneys in 1997 to help handle foreclosures, evictions and bankruptcies. In 2008, the network grew to 140 law firms. And the number of foreclosures in Fannie's portfolio reached historic highs. Foreclosures more than doubled from 2007 to 2008. They grew 50% in 2009.
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Wednesday, September 28, 2011

Fixing U.S.foreclosures may take a year: regulator

U.S. banks may take at least another year to sort through millions of foreclosure files and fix improper foreclosure practices, a top federal bank regulator said Friday.
John Walsh, acting head of the federal Office of the Comptroller of the Currency, said 14 major banks will have to go through an expensive and time consuming process of reaching out to borrowers and fixing internal foreclosure-processing systems over the next year.
Last spring, regulators ordered major banks and thrifts to overhaul their foreclosure practices, finding that lenders filed foreclosures with improper documentation and lacked sufficient staff to properly handle distressed borrowers.
The banks are working with independent consultants to identify any borrowers who were harmed by foreclosure-processing problems. The review affects 4.5 million foreclosures in 2009 and 2010 and could take "another year and more," Walsh said in a speech before the Institute of International Finance.
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Reports of mortgage fraud activity up, way up

Reports of possible mortgage fraud grew in the second quarter, with financial institutions filing 29,558 mortgage loan fraud suspicious activity reports, the Financial Crimes Enforcement Network said Wednesday.
That is up from 15,727 in the same quarter of 2010.
In the first quarter of 2011, suspicious mortgage activity reports grew to 25,485 complaints.
The surge in SARs are coming as mortgage lenders sift through the paperwork in past mortgages. Mortgage servicers remain under heavy scrutiny following robo-signing allegations and continue to sift through documents in order to make sure all ducks are in a row. Many of the reported instances come from defaults, including borrowers who wrongly presented information about their finances.
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Tuesday, September 27, 2011

Mortgage industry tanks, fraud continues at Countrywide

The other problem was that the company’s fraud investigation resources were balkanized. In addition to the company-wide fraud unit that Foster had taken over, many of the operating divisions, such as Countrywide’s subprime unit, had their own smaller investigative teams.
This didn’t make sense to Foster. It meant the smaller investigative teams reported to divisional sales executives who might be tempted to discourage aggressive fraud investigations in order to protect the flow of loans into the company’s production pipeline.
One of her first tasks was to oversee a fraud mitigation “reengineering” that would consolidate all fraud investigation within her unit. In June 2007, she presented the plan in a series of meetings with divisional presidents. 
A few weeks later, she learned that the plan had been shelved. There was no explanation why, she says, only that it wasn’t the right time for a reorganization.
Wow.....
After finding evidence of “cut and paste” document forgery, the team did a full sweep of the offices in question. On top of workers’ desks, Foster says, they found an unusual number of Wite-Out dispensers. And inside their desk drawers, she says, they found folders holding blank templates for account statements from various banks and brokerage firms, such as Bank of America and Washington Mutual.
In some of the offices, investigators found more than one fax machine. During interviews with investigators, workers admitted that the extra fax machine was used to simulate faked documents being sent in by borrowers, Foster says. To eliminate a paper trail, she says, branch staffers had programmed the sending fax machine so there was no banner identifying the fax number from which the transmission originated.  
The fraud seemed routine and the investigation showed “that the phony activities of these employees were known … and tolerated by management,” Foster later said in a witness statement in a Countrywide shareholders lawsuit in federal court in Los Angeles. 
And the fate of the investigator at Country-wide when it merged with Bank of America
The phone rang at 8 a.m. It was a call she’d been expecting from a Bank of America human-resources official. She thought they would be discussing salary structure for her team members.
Instead, with the Bank of America official on the phone, two Countrywide officials walked into her office, turning it into a conference call. They presented her with a 16-page severance agreement. 
Bank of America offered her a buyout totaling almost one year’s salary, nearly $230,000. The catch was that, to get the money, she had to agree to a gag order that would prevent her from talking about what she knew about the company’s practices. “I was just furious,” she says. When she refused to sign, she says, the buyout offer turned into a straight-up firing.
They asked for her ID badge and keys. Then Bank of America security operatives escorted her out of the building. 
It was her 51st birthday
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Friday, September 23, 2011

Federal Government's Housing Inspector General Under Fire: Olick

Again another reason why they should be privatized and be regulatory agency at best.
Given that the conservator of Fannie Mae and Freddie Mac, the Federal Housing Finance Agency (FHFA) has been wielding incredible power of late in deciding how much the two mortgage giants can and cannot charge in guarantee fees and whom they can and cannot refinance, it was particularly disturbing to learn the that same FHFA has been deemed, dare I say it, incompetent, at least in one of its oversight capacities.
FHFA-OIG has identified shortfalls in the Agency's examination coverage, particularly in the areas of Real Estate Owned (REO) and default-related legal services," the report begins. Translation: "Robo-signing" paperwork issues.
"FHFA has too few examiners overall to ensure the efficiency and effectiveness of its examination program," the report continues. Apparently just about a third of the FHFA's 120 non-executive examiners are accredited federal financial examiners, and there is nothing in the works there to "improve this condition."
But wait, there's more: "FHFA, to its credit, has sought to address these challenges. Although this is a positive response, FHFA has expressed concern that its current hiring initiative will neither enable it to overcome its examination capacity shortfalls nor ensure the effectiveness of its 2011 reorganization."
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Friday, September 16, 2011

Mortgage Debacle Costs Banks $66B

Faulty mortgages and foreclosure abuses have cost the nation’s five biggest home lenders at least $65.7 billion, according to a tally by Bloomberg News, and new claims may push the industrywide total to twice that amount.
This is how they lost the money.
Banks typically made home loans and bundled them into securities sold to private investors and government-backed enterprises. They usually offered “representations and warranties” in which lenders promised to buy back the mortgages or cover losses if the loans turned out to be based on inaccurate or missing data on criteria such as the borrower’s income, the property’s value or whether it would be used as a primary residence.
“As large as that number is, it’s a small fraction of the overall economic damage that the crisis and these mortgages caused to the economy,” said Litan, who was on a commission that investigated the savings and loan crisis in the 1980s. “There were trillions of dollars of damage.”
The FHFA lawsuit cited the prospectus for one mortgage- backed security underwritten by Bank of America entities, which said no loans were larger than the underlying value of the homes. In fact, 11 percent of loans sampled by the agency fit that description, the suit said. Another securitization said 4.45 percent of the homes weren’t owner-occupied, while the true percentage was 15.27 percent, according to the suit.
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Thursday, September 15, 2011

BofA, JPMorgan Fail to Make Fannie Mae Grade

I think these companies and not participating in these government programs, because it has gotten to the point that they cut these no producing loans off.
Bank of America Corp. (BAC), the largest U.S. mortgage servicer, failed to make a list of companies doing a satisfactory job of assisting homeowners struggling to pay their mortgage, according to Fannie Mae.
Of the 11 biggest servicers of Fannie Mae mortgages, Wells Fargo & Co. (WFC), Citigroup Inc. (C), Ally Financial Inc. and EverBank Financial Corp. are on track to receive satisfactory or better grades under a newly created customer service and foreclosure- prevention ratings system, the mortgage-finance company said in a statement. JPMorgan Chase & Co. (JPM), SunTrust Banks Inc. (STI), PHH Corp. (PHH), PNC Financial Services Group Inc. (PNC), OneWest Bank FSB and MetLife Inc. (MET) were the other companies that didn’t make the list.
And...
Loan servicers interact with borrowers, collect mortgage payments and oversee foreclosures. More than 228,000 U.S. homeowners received foreclosure filings in August, the highest total since March, RealtyTrac Inc. reported today. Default notices rose 33 percent from July as lenders began to speed up processing of paperwork delayed by probes into documentation practices, the Irvine, California-based data service said.
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Friday, September 2, 2011

Robo-signing scandal may date back to late '90s

Already, mortgage papers are being invalidated by courts, insurers are hesitant to write policies, and judges are blocking banks from foreclosing on homes. The findings by various county registers of deeds have also hindered a settlement between the 50 state’s attorneys general who are investigating big banks and other mortgage lenders over controversial mortgage practices.
The problem of shoddy mortgage paperwork, which comprises several shortcuts known collectively as “robo-signing,” led the nation’s largest banks, including Bank of America Corp., JPMorgan Chase & Co., Wells Fargo & Co., and other lenders to temporarily halt foreclosures nationwide in the fall of 2010.
At the time, “robo-signing” was thought to be contained to the affidavits that banks file and use to prove they have the right to seize a home for foreclosure. Companies that process mortgages said they were so overwhelmed with paperwork that they cut corners.
But now, as county officials review years’ worth of mortgage paperwork, in some cases combing through one page at a time, they are finding suspect signatures — either signed with the same name by dozens of different people, improperly notarized or signed without a review of the facts in the paperwork — on all sorts of mortgage documents, dating back as far back as 1998, The Associated Press has found.

Wells Fargo closes 704,000 loan mods over past two years

In the past two years, Wells Fargo (WFC: 24.20 -4.08%) offered more than 4.4 million homeowners new low-rate loans and did more than 704,000 loan modifications for mortgages in its servicing portfolio, the bank said this week.
About 85% of its loan modifications were completed through Wells Fargo programs, while 105,404 modifications were handled through the government's Home Affordable Modification Program.
As of the second quarter, 93% of home loans in the company's servicing portfolio were current on payments. Fewer than 2% of owner-occupied loans in the  servicing portfolio proceeded to foreclosure sale in the past year.
During July, 404,000 distressed borrowers received some type of counseling, with 10.9 million borrowers underwater, or owing more than the property is worth, nationwide, according to the Obama administration's August housing scorecard.
The government cited statistics showing prime mortgages with a delinquency rate of 4.5%, compared to 33.2% among subprime loans and 12.2% for FHA loans. About 3.65 million existing homes were on the sales block in July.
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Monday, July 18, 2011

AP Exclusive: Mortgage 'robo-signing' goes on

Major lawsuits or settlements with the States will finally end this.
Mortgage industry employees are still signing documents they haven't read and using fake signatures more than eight months after big banks and mortgage companies promised to stop the illegal practices that led to a nationwide halt of home foreclosures.
County officials in at least three states say they have received thousands of mortgage documents with questionable signatures since last fall, suggesting that the practices, known collectively as "robo-signing," remain widespread in the industry.
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.
Lenders say they are working with regulators to fix the problem but cannot explain why it has persisted.
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Wednesday, July 13, 2011

Foreclosure Activity is down in 2011, but it's to processing delays

Reality Trac has stated it's not due to the improvement of the economy or the housing industry.
IRVINE, Calif. – July 14,  2011 – RealtyTrac® (www.realtytrac.com),  the leading online marketplace for foreclosure properties, today released its  Midyear 2011 Foreclosure Market Report, which shows a total of 1,170,402 U.S.  properties received foreclosure filings — default notices, auction sale notices  and bank  repossessions — in the first six months of 2011, a 25 percent decrease from  the previous six months and a 29 percent decrease from the first half of 2010.  The report also shows that 0.90 percent of all U.S. housing units (one in 111) had  at least one foreclosure filing in the first half of the year.
Foreclosure filings were reported on 222,740 U.S. properties  in June, an increase of nearly 4 percent from the previous month, but a  decrease of 29 percent from June 2010. June was the ninth straight month where  foreclosure activity decreased on a year-over-year basis. Default  notices, scheduled  auctions and REOs were all up on a month-over-month basis but down  on a year-over-year basis in June.
Foreclosure filings were reported on 608,235 U.S. properties  during the second quarter, a decrease of nearly 11 percent from the first  quarter and a decrease of 32 percent from the second quarter of 2010. The  second quarter total was the lowest quarterly total since the fourth quarter of  2007. All categories of foreclosure were down both on quarterly basis and  annual basis in the second quarter.
“It would be nice to  report that foreclosure activity is dropping as a result of improvements in the  economy or the housing market,” said James J. Saccacio, chief executive officer  of RealtyTrac. “Unfortunately, with unemployment rates inching back up,  consumer confidence weak and home sales and prices continuing to languish, this  doesn’t appear to be the case.
“Processing and  procedural delays are pushing foreclosures further and further out – we  estimate that as many as 1 million foreclosure actions that should have taken  place in 2011 will now happen in 2012, or perhaps even later. This casts an  ominous shadow over the housing market, where recovery is unlikely to happen  until the current and forthcoming inventory of distressed properties can be  whittled down to a manageable number.”
Link Here

Tuesday, June 14, 2011

no housing recovery before 2015: RealityTrac

Their are finally people in the Real Estate Industry starting to come to terms on what is happening in the housing market.  Again 2015 prediction is the optimal outlook.
It will take at least another year to work through the glut of REO inventory in the market and yet to come to market, according to Rick Sharga, senior vice president of RealtyTrac.
Speaking at HousingWire's 2011 REO Expo in Fort Worth, Texas, Sharga said the housing market is years away from full recovery, and he expects 2012 and 2013 to look similar to this year as the industry grapples with levels of distressed properties never seen before.
 And what the lending industry can do help housing return to a normal market.
Sharga believes lenders and servicers can mitigate the number of foreclosures through potentially extending teaser rates, possibly pushing loan maturities to 40 years, and maybe even principal reductions.
He said many of these homeowners face the tough decision of whether or not to strategically default on their mortgage, as they owe more than the home is worth.
"There is an abundance of uncertainty in the market, as many people are waiting for the other show to drop," Sharga said.
A note on principal reduction.  If the bank is only the mortgage servicer and not the owner of the Note, then they are probably not authorized to do a principal reduction on the mortgage.

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BofA ‘Significantly Hindered’ Foreclosure Review, U.S. Says

These bank practices during and after housing bubble are finally being investigated.  

I think the best way to reform this industry is to get the government out, except for regulatory management like FDIC, SEC (private), or even margin regulation.  Also, having clear underwriting standards.
The bank was slow in providing data and offered incomplete information, according to the U.S. Department of Housing and Urban Development inspector general’s office, which conducted the review.
“Our review was significantly hindered by Bank of America’s reluctance to allow us to interview employees or provide data and information in a timely manner,” William Nixon, an assistant regional inspector general for the agency, said in a sworn declaration.
The filing, dated June 1 and obtained yesterday by Bloomberg News, was submitted as an exhibit in a lawsuit by the state of Arizona against the Charlotte, North Carolina-based bank. Arizona, which is seeking to interview former Bank of America employees, accused the bank of misleading homeowners who were seeking mortgage modifications
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Thursday, June 9, 2011

Squatter Nation: 5 years with no mortgage payment

You ask yourself why isn't the lend foreclosing on the house.
Charles and Jill Segal have not made a mortgage payment in nearly five years -- but they continue to live in their five-bedroom West Palm Beach, Fla. home.
Lynn, from St. Petersburg, Fla., has been living without paying for three years.
In Thousand Oaks, Calif., an actor has missed 30 payments, and still, he has not lost his home.
They're not alone.
Some 4.2 million mortgage borrowers are either seriously delinquent or have had their cases referred to lawyers to pursue foreclosure auctions, according to LPS Applied Analytics. Of those, two-thirds have made no payments at all for at least a year, and nearly one-third have gone more than two years.
These cases can go on and on. Nationwide, it takes an average of 565 days to foreclose on borrowers in default from their first missed payments to the final auction. In New York, the average is 800 days and in Florida, where the "robo-signing" issue is particularly combative, it's 807.
This long defaults will pressure on housing prices for the next several years.
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Tuesday, June 7, 2011

Keep Your Home California adds 12 mortgage servicers

I don't know too much about this program.  I also don't know how affective this program is.  There have been a lot of programs come and go.
are now 20 mortgage servicers that participate in the Keep Your Home California program, enacted in February.
The California Housing Finance Agency said Tuesday the number of servicers engaged in this program grew to 20 from eight four months ago. These 20 banks service about 80% of the mortgages held in California, the agency said.
"Increasing the number of participating servicers is critical because we need their partnership to assist families in California," said Claudia Cappio, executive director of CalHFA. "We are pleased that more servicers are joining this effort and encourage others to partner with us to aid families who would like to remain in their homes
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