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More Time Allowed for Foreclosure Review Requests
Homeowners who think they may have been financially injured due to the actions of mortgage servicers during a foreclosure have additional time to request a review of their cases. The deadline for the Independent Foreclosure Review authorized by the Office of the Comptroller of the Currency and the Federal Reserve originally schedule for April 30 has been extended to July 31.
To be eligible for a review a borrower had a mortgage on the primary residence serviced by a participating company which was in active foreclosure between January 1, 2009 and December 31, 2010. There are no costs associated with the review.
More information and a list of participating servicers can be found at: www.federalreserve.gov/consumerinfo/independent-foreclosure-review.htm or www.occ.gov/independentforeclosurereview.
Related articles
- Borrowers have until July for foreclosure review (marketwatch.com)
- Judge orders Wells Fargo to face claims of improper disclosure of foreclosure practices (alialawgroupforeclosurenews.com)
- Feds to help borrowers prove foreclosure errors (marketwatch.com)
Office of the Comptroller of the Currency Promotes National Consumer Protection Week
WASHINGTON — The Office of the Comptroller of the Currency (OCC) promoted awareness of consumer protection resources during today’s National Consumer Protection Week (NCPW) event on Capitol Hill.
“Consumers need timely, useful information to make sound financial decisions and protect themselves from unfair, deceptive, and fraudulent practices,” Acting Comptroller of the Currency John Walsh said. “National Consumer Protection Week highlights important sources of information and resources that consumers can use every day.”
The OCC joined the Federal Trade Commission and other federal agencies on Capitol Hill to distribute educational materials about a range of consumer protection and financial services issues. The OCC highlighted its Web site HelpWithMyBank.gov that provides answers to common questions about banking in English and Spanish. OCC material is also available at the NCPW Web site http://www.ncpw.gov.
During this year’s event, many attendees sought information about the ongoing independent foreclosure review, which the OCC and the Federal Reserve ordered in April 2011. The Independent Foreclosure Review provides the opportunity for people to request a review of their case if they believe they suffered financial injury as a result of errors, misrepresentations, or other deficiencies in a foreclosure action on their primary homes in 2009 or 2010 by one of the 14 servicers covered by the enforcement actions. More information is available at www.independentforeclosurereview.com. More than 4 million letters were sent to potentially eligible people with instructions on how to request a review. Individuals who believe they are eligible and have not received a letter, should call 1-888-952-9205, Monday through Friday from 8 a.m. to 10 p.m. (ET) and Saturday from 8 a.m. to 5 p.m. (ET). Requests for review must be returned by mail no later than July 31, 2012.
SOURCE: http://www.occ.gov
Related articles
- Occ Releases Public Service Ads About the Independent Foreclosure Review (mainstreetresolutions.com)
- Borrowers have until July for foreclosure review (marketwatch.com)
- Bank Regulators Using Mortgage Deal To Levy Their Own Fines (huffingtonpost.com)
- Overall Mortgage Performance Stable, Delinquencies Remained Elevated in Third Quarter 2011 (mainstreetresolutions.com)
Mortgage Delinquency Spikes in TransUnion Q4 Report
TransUnion is reporting that serious mortgage delinquencies rose during the fourth quarter of 2011 for only the second time since the end of 2009. The rate increased 13 basis points from 5.88 percent in the third quarter to 6.01 percent.
The increase was widespread; 37 percent of the states reported increases as did 64 percent of metropolitan areas. The latter figure is unchanged from Quarter 3 but up substantially from the 21 MSAs that experienced an increase in Quarter 2. New Jersey and Vermont had the largest annual increases. Their delinquency rates rose between Quarter 4, 2010 and Quarter 4, 2011 by 11.98 percent and 11.11 percent respectively. South Dakota had an increase of 10.36 percent. Arizona, California, and Wyoming had the greatest decreases in their rates, all three in the range of 20 percent.
The highest serious delinquency rates, defined as over 60 days, were reported in Florida (14.27 percent), Nevada (12.08 percent) New Jersey (8.32 percent) and Arizona (7.50 percent) and the lowest rates in North Dakota (1.50 percent), South Dakota (2.45 percent), Nebraska (2.57 percent) and Alaska (2.77 percent).
“To see that, quarter over quarter, fewer homeowners were able to make their mortgage payments is not welcome news,” said Tim Martin, group vice president of U.S. Housing in TransUnion’s financial services business unit.
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- Auto Loan Delinquencies Rise in 3rd Quarter (loans.org)
Obama Housing Plans vs Reality
by Cora Currier
ProPublica, Feb. 14, 2012, 2:36 p.m.
The Obama administration recently unveiled a string of proposals to help struggling homeowners and get the housing market back on its feet — part of the administration’s “We Can’t Wait” election year to-do list. Of course, the White House has made big promises before about helping homeowners, only to see them disappoint time and again.
Here are the latest proposals, whether they are anything new and whether they stand a chance of going anywhere.
President Obama wants to allow homeowners whose mortgages are backed by private-sector companies to refinance at lower rates through the Federal Housing Administration. (The FHA insures many mortgages, and it is not the same as the FHFA, the regulatory agency in charge of Fannie Mae and Freddie Mac.) The president stressed that the proposal would help only “responsible” homeowners who were current on their payments — to counter Republican complaints that his housing policies reward foolhardy borrowers.
Déjà vu: This is only the latest in a long series of attempts by Obama to help homeowners refinance. There have been a few, minor attempts to push refinancing through the FHA. Via a separate program launched in 2009 that used Freddie and Fannie, more than 900,000 homeowners have refinanced, substantially fewer than the goal of 4 million homeowners.
Will it happen? Unlikely. This plan needs to get through a Congress that is staunchly opposed. “How many times have we done this?” said House Speaker John Boehner, R-Ohio.
Republicans have a number of objections. First, Obama wants the plan to be paid for with a fee on the banks in repayment for the bailout, a tactic that’s raised Wall Street hackles in previous budgets. Secondly, some Republicans balk at passing more risk on to the FHA, which is in danger of having to ask the Treasury for a subsidy for the first time in its nearly 70-year history. Even if the plan passes, its impact would likely be limited. For the Obama administration to instigate mass refinancing without Congress’ help, many say it would need to get Fannie and Freddie on board, a move the companies’ regulator has so far been reluctant to endorse.
Bill of rights
A so-called “homeowner’s bill of rights” aims to make things clearer for borrowers, requiring a standard set of forms and disclosure of fees and conflicts of interests. It also calls for help for those very close to foreclosure, including a right of appeal on the decision to foreclose. (Homeowners have claimed wrongful foreclosure for a wide variety of reasons, and have had little recourse to appeal mortgage servicers’ decisions.)
Déjà vu: This may be just a branding of efforts already under way across different agencies. The new Consumer Financial Protection Bureau says it is already developing a set of standard disclosure forms and rules aimed at preventing misleading or fraudulent practices by mortgage servicers. As for an appeal process, Treasury already has a system for complaints about foreclosures, and is reportedly expanding its review process for those denied eligibility for government loan modification programs. Advocates have criticized Treasury’s current review efforts as ineffective. And, separately, federal bank regulators are developing new standards for mortgage servicers.
Will it happen? According the White House’s announcement, a host of agencies that deal with housing will work to enact new rules in keeping with the bill of rights. But right now the bill of rights itself is simply a set of guiding principles that don’t yet have any teeth. (We’ve documented problems with enforcement on similar guidelines.) The Department of Housing and Urban Development and the CFPB did not respond to our queries on exactly how the bill of rights relates to existing efforts.
Loan modification
The administration’s plan to make it easier for homeowners to restructure their loans has two key elements. First, it lays out yet another push on principal reductions, which it argues are central to slowing the rate of foreclosures and stabilizing the market. The move triples the incentive for mortgage insurers, including Fannie and Freddie, to write down the amount owed by struggling borrowers. Secondly, it makes more borrowers eligible for HAMP, the administration’s loan modification program, and also will give some homeowners who were previously denied access to the program a chance to reapply.
Déjà vu: Like refinancing, incentives for principal reduction have been proffered again and again, with mixed success. As we’ve noted, a key obstacle is Fannie and Freddie, which guarantee mortgages and haven’t been willing to take the hit that lowering the amount a borrower owes entails even if doing so would ultimately prevent foreclosures. Meanwhile, HAMP has been beset with a host of enforcement and logistical problems.
Will it happen? As a tweak to an existing program, these changes don’t need to go through Congress. And as we explained last week, the mortgage settlement and these changes may actually breathe life into the disappointing HAMP program. But for principal reduction, the question remains: Will Fannie and Freddie give their OK? Without that, only a portion of homes in the U.S. could qualify.
Foreclosures to rentals
This plan takes foreclosed homes where mortgages were backed by Fannie and Freddie and sells them to investors who will put them on the market as rentals. Obama claims this will help heal neighborhoods blighted by empty buildings and evictions, and give a boost to real-estate sales.
Something new: This has been in the works since August 2011, and the Federal Reserve touted it recently as an important process, though Chairman Ben Bernanke cautioned it was no “silver bullet” for the housing market.
Will it happen? It’s already started, though it’s just an experiment for now. It will go through the FHFA, so it doesn’t need congressional approval. The FHFA has already put out its first call for investors for the pilot phase.
Senators Slam Freddie on Bets Against Homeowners
ProPublica, Feb. 9, 2012, 6:17 p.m.
Sen. Robert Menendez, D-N.J., had sharp words for Freddie Mac‘s investment practices and conflicts of interest at a Senate Banking Committee hearing Thursday.
The senator’s concerns came in the wake of aProPublica and NPR report that Freddie, the giant taxpayer-owned mortgage company, had made concentrated investments in complex mortgage securities that benefited from the inability of homeowners in high-rate mortgages to get refinancing. During the same period, Freddie also made it harder for people to get refinancing. Freddie said the decisions were separately made and that there was a firewall between them.
“I don’t understand why you make a bet that you can largely control the outcome of, and want your bet to lose,” Menendez said. “I think that’s against human nature, so I’m not quite sure these firewalls exist in a way that aren’t affecting policies. And that’s a problem.”
Speaking earlier to NPR, the senator called the investments “outrageous.”
The issue is heating up in Washington. On Tuesday, 10 senators sent a letter to Edward DeMarco, the head of the Federal Housing Finance Agency, the regulator that oversees Freddie Mac, calling the report “deeply troubling.”
“If the inability of homeowners to refinance their homes enhances Freddie Mac’s bottom line, this is especially troubling,” the letter said. “Freddie Mac exists to support the housing market, and it should not have a financial incentive to make it more difficult for struggling homeowners. Such actions by Freddie Mac are contrary to the best interests of American homeowners, sound economic policy, and its mission.” (Read the full letter.)
And the inspector general for the FHFA confirmed Wednesday that it is looking into Freddie Mac’s investments. “We currently have an open evaluation on capital markets, which encompasses this issue. We’ll know more when the evaluation is completed,” the government watchdog said.
Separately, Freddie Mac’s chief executive, Charles Haldeman, disputed the ProPublica and NPR story in a piece on the American Banker’s website.
“The major claim is that Freddie Mac worked against homeowners’ ability to refinance in order to boost the performance of specialized securities that make up roughly 1% of our investment portfolio,” Haldeman wrote. “This is just not true.”
He added: “The securities in question helped us protect the value of our investment portfolio and reduce our need for taxpayer support.”
ProPublica and NPR’s story did not actually claim that Freddie’s efforts to tighten mortgage standards were done to boost the investment value of its securities, called “inverse floaters.” The story reported that decisions to limit credit were made at the same time that the company ramped up its investments, but the story said there was no evidence that the two actions were coordinated. As the story noted, Freddie says there is a strict firewall between the two businesses.
Related articles
- Freddie Mac Bets Against U.S. Homeowners (avidlawblog.wordpress.com)
- Senator Demands Answers from Freddie Mac’s Regulator (propublica.org)
- Freddie Mac, Deutsche Bank Caught Up in Securities Allegations (news.firedoglake.com)
- Freddie Mac CEO Gives The Real Reason Why They’re ‘Betting Against Homeowners’ (businessinsider.com)

