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Foreclosures Trapped by a Lack of Lawyers

By NICK TIMIRAOS

Moves by banks to ditch law firms snared in the “robo-signing” mess are spreading delays and confusion to borrowers, while angering judges grappling with thousands of foreclosure cases now trapped in limbo.

The trouble began when U.S. banks and government-owned mortgage giants lost confidence in some law firms that handled a huge volume of foreclosures. After controversy erupted last fall over the shoddy review of loan documents known as robo-signing, banks dropped some law firms.

The problems are particularly acute in Florida. Above, a home in Miami.

Finding replacement lawyers who can pick up the slack quickly has been a struggle. While the resulting slowdown means that fewer houses are being seized, late fees are piling up for homeowners seeking a loan modifications. Investors who own bonds backed by those mortgages could face higher costs from the snags.

“It’s causing chaos because nobody knows who’s representing whom,” says Thomas Ice, a foreclosure defense lawyer in Royal Palm Beach, Fla.

The problems are particularly acute in Florida, one of 23 U.S. states where foreclosures must be processed through courts. Last fall, Fannie Mae and Freddie Mac terminated their relationship with the Law Offices of David J. Stern. At its peak, the Plantation, Fla., firm handled nearly 20% of all foreclosures in the state.

In March, the Stern law firm told judges across Florida that it was unable to file the necessary paperwork to withdraw from 100,000 cases. Florida’s attorney general is investigating allegations that the firm routinely forged notarized documents. The firm denies the accusations and is challenging the attorney general’s jurisdiction in court.

“There’s nobody to call to expedite any of these things. My clients are in limbo every day,” says Craig Lynd, a founding partner of KEL Attorneys, an Orlando, Fla., law firm.

Two of his clients, 58-year-old Ruth Diehl and her husband, have been in talks with a J.P. Morgan Chase & Co. unit for more than two years about a loan modification on their home in Ocoee, Fla. The bank agreed to offer different loan terms at a court-ordered mediation session last summer, where it was represented by the Stern law firm.

But the deal wasn’t finished, Mr. Lynd says, and efforts to force compliance with the agreement in court was hampered by the removal of the Stern firm from the case. A different law firm was assigned to the case, and J.P. Morgan asked the new firm to reach out to Mr. Lynd, said a J.P. Morgan spokesman.

Ally Financial Inc., the GMAC Mortgage parent in which the U.S. government owns a 73% stake, transferred to other lawyers its foreclosures previously assigned to the Stern firm.

Lisa Butterfield, who is trying to surrender her Middleburg, Fla., home to GMAC through a “deed-in-lieu” of foreclosure, says she has heard nothing from the new lawyer who was assigned her case. “You finally think, ‘I’m finally going to get this settled,’ and then it’s not,” she says. She moved last year to take care of her parents but still pays the utilities in hopes of reaching a deal with GMAC.

An Ally spokeswoman says the “situation in Florida is challenging, given the large number of borrowers in foreclosure and the number of quality law firms to manage these cases.” She declined to comment on Ms. Butterfield’s situation.
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Mr. Stern has blamed former foreclosure clients for failing “to take into consideration any succession planning” when they terminated his firm, according to a written response to a Florida judge. Jeffrey Tew, a lawyer for Mr. Stern, says banks have withheld millions in legal fees and are to blame for delays.

A Fannie spokeswoman says transfers of foreclosure files from terminated firms to new lawyers have been completed. Fannie has approved 16 law firms to handle its cases in the state, up from nine firms last year. Freddie uses 14 law firms in Florida, up from four.

Peter Blanc, the chief judge in Palm Beach County, Fla., with nearly 9,000 cases from the Stern firm, last month urged Mr. Stern to reconsider his decision to walk away from cases. Another problem: Two law firms that got some of the Stern cases were later dropped by Fannie, Freddie and banks.

“Whatever anyone thinks the cost of David Stern’s implosion is, quadruple it,” says Richard Shuster, a real-estate lawyer in Miami.

On Friday, Judge Blanc will start convening special hearings to reassign hundreds of cases a day until the backlog is cleared. “If nobody shows up” on behalf of the banks, “we will dismiss the cases,” he says. If that happens, banks would have to essentially start over.

In February, Fannie terminated its relationship with Ben-Ezra & Katz after the Fort Lauderdale firm notified Fannie that some paralegals took inappropriate technical shortcuts. Marc Ben-Ezra, a principal at the law firm, says the firm is trying to withdraw from 15,000 cases “cooperatively and responsibly.”

But other firms taking over those foreclosures “tend to be overwhelmed,” while some clients have seized files and told his firm to no longer act on their behalf. “It’s bad for everybody,” Mr. Ben-Ezra says. On Thursday, the law firm said it is suspending its foreclosure practice until further notice.

Write to Nick Timiraos at nick.timiraos@wsj.com

Thrivent sues lenders for ‘massive frauds’

Article by: DAN BROWNING , Star Tribune
Updated: April 30, 2011 – 4:58 PM
 

Countrywide and GMAC both say that Thrivent should have understood the risks of the mortgage-backed securities it bought.

Thrivent Financial for Lutherans has sued Countrywide Financial Corp. and GMAC Mortgage over what it describes as “massive frauds” in which it says it was duped into buying hundreds of millions of dollars in mortgage-backed securities.

Thrivent says it wanted conservative, low-risk investments and believed it was buying only those mortgages that carried the highest, AAA investment-grade ratings. But because Countrywide and GMAC failed to follow their underwriting guidelines, Thrivent says, it ended up holding higher-risk mortgages and has suffered huge losses amid the housing market collapse.

Between 2005 and 2007, the suit says, Minneapolis-based Thrivent and its affiliates paid hundreds of millions of dollars for 20 mortgage-backed securities offerings from Countrywide and for seven offerings from GMAC. The suit says that two firms either knew or recklessly disregarded the fact that the securities failed to meet the criteria for the AAA ratings they carried.

The firms say Thrivent should have known what it was getting into. “This suit represents an action by a sophisticated investor which had available to them offering materials and associated risks for their consideration,” GMAC Mortgage spokesman James Olecki said. “We intend to vigorously defend ourselves.”

Countrywide was bought in 2008 by Bank of America, whose spokeswoman, Shirley Norton, said Thrivent is a knowledgeable investor that is “looking to blame someone for investment losses incurred during a period of economic downturn.”

Mortgage-backed securities are bondlike instruments that trade in capital markets. They are made up of individual mortgages that are packaged together and sold in slices, or tranches, identified by their levels of estimated risk and potential reward.

The 127-page suit was filed in Hennepin County last month, but the defendants filed a petition this week to remove the case from Hennepin County to federal court.

Countrywide’s fraudulent marketing practices are well known, the suit says. It cites an $8 billion settlement agreement the company reached with various states, including Minnesota, and the fact that the U.S. Securities and Exchange Commission reached a settlement in October with three former executives.

Angelo Mozilo, Countrywide’s former CEO, agreed to pay $67.5 million in penalties and disgorgements. David Sambol, the firm’s chief operating officer, and Eric Sieracki, its chief financial officer, agreed to pay a total of $5.65 million. Mozilo and Sambol are each named as defendants in the Thrivent lawsuit.

As of January, 29 percent of the mortgage loans underlying Thrivent’s purchases from Countrywide were either in arrears, foreclosure, bankruptcy or repossession, and 23 percent of those purchased from GMAC were in similar straits, the suit says. As a result, the credit ratings of the certificates have been downgraded.

More than 95 percent of the Countrywide certificates and 85 percent of the GMAC certificates are rated as junk, the suit says. That means they can’t be sold for anything close to what Thrivent paid for them.

According to Thrivent’s lawsuit, in 2005 some 90 percent of Countrywide’s home loans were considered prime, meaning the borrowers were top credit quality and the mortgages were secured by first-position liens on single-family residences. Most were conforming loans, which have the lowest delinquency rates in the industry.

But in the rush to increase market share, the suit says, Countrywide disregarded its underwriting guidelines, pressured appraisers to provide inflated valuations, and made more loans to higher-risk borrowers. Thrivent says Countrywide kept the best-quality mortgages for itself and dumped the riskier loans onto Thrivent and others.

Thrivent made similar allegations against GMAC, citing a number of confidential witnesses who had worked for the company.

Thrivent seeks unstated compensatory and/or rescissionary damages, punitive damages and costs.

Dan Browning • 612-673-4493

Since August 2007, which marked the beginning of the “foreclosure crisis”, MainStreet has provided guidance, direction and peace of mind to over 150 families. These families are from every walk of life and each of their mortgage situations is as unique as each individual tied to it. MainStreet Resolutions is Your Path to A Fresh Start!

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Are you in default or foreclosure?  If you suspect you have been the victim of Predatory Lending here in Florida, suspect you might be a victim of fraud, suspect the lender who provided your mortgage may have been less than honest, or may have even purposely overvalued your property in the Appraisal, please contact me, Tiffany Arthur at tiffanylarthur@aol.com or visit my website for more information at www.mainstreetresolutions.com We are interested in helping the homeowner find a permanent resolution to keep them in their home.

INVITE: TODAY Thurs Nov 11th: Fort Lauderdale Happy Hour for Combatants of Illegal Foreclosures

This is an extension of 4ClosureFraud’s West Palm beach Happy Hour in FORT LAUDERDALE. GO HERE: http://wp.me/pFWnq-3F6

YOU have something to share! Please come and join other Homeowners, Real Estate / BK / Title Attorneys, Realtors, Distressed Property Specialists, Bankers and others interested in Foreclosure Alternatives, Defense and Government policy.

Come join us at our 1st monthly Happy Hour in Fort Lauderdale, an informal gathering where we can relax, socialize, enjoy stimulating conversation, and use our collective brain power to make a positive impact on the Foreclosure Crisis that is rampant in our communities across the Nation.

According to the Center For Responsible Lending, (CRL) October 2010 Policy Brief, “To date, 2.5 million homeowners have already lost their homes and another 5.7 million are at imminent risk of foreclosure. Looking ahead, independent analysts have projected that between 10 and 13 million foreclosures will have occurred by the time the crisis abates.”

MainStreet promotes CRL’s recommendation that States REQUIRE loss mitigation analysis prior to foreclosure, that Lender’s and Servicer’s are transparent and accountable for their loss mitigation efforts, specifically through the HAMP PROGRAM and others promoted through our Government.

Hope to see you there!

HOST

Tiffany L. Arthur
Direct: 954-639-0003 xt 4
Fax: 954-342-2330
www.MainStreetResolutions.com

RSVP TO: tiffanylarthur@aol.com

EVENT INFO:

5:30 til ???

LOCATION:
MOJO
4140 N Federal Hwy
Fort Lauderdale, FL 33308
(SE side of Commercial and US 1)
(954) 568-4443
Website: http://www.mojofl.com

SPECIALS:

$5.00 bar bits and 2 for 1 drinks ….Thursday night all night. At 8pm live entertainment.

Are you in default or foreclosure?  If you suspect you have been the victim of Predatory Lending here in Florida, suspect you might be a victim of fraud, suspect the lender who provided your mortgage may have been less than honest, or may have even purposely overvalued your property in the Appraisal, please contact me, Tiffany Arthur at tiffanylarthur@aol.com  or visit my website for more information at www.mainstreetresolutions.com  We are interested in helping the homeowner find a permanent resolution to keep them in their home.