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Bank Officials Cited in Churn of Foreclosures

Four million Americans have been foreclosed upon since the beginning of 2007. Here, a boarded up house in Islip, N.Y., in February.

By  and J. B. SILVER-GREENBERG - Published: March 12, 2012

Managers at major banks ignored widespread errors in the foreclosure process, in some cases instructing employees to adopt make-believe titles and speed documents through the system despite internal objections, according to a wide-ranging review by federal investigators. The banks have largely focused the blame for mistakes on low-level employees, attributing many of the problems to the surge in the volume of foreclosures after the housing market collapsed and the economy weakened in 2008.

But the report concludes that managers were aware of the problems and did nothing to correct them. The shortcuts were directed by managers in some cases, according to the report, which is by the inspector general of the Department of Housing and Urban Development.

The examination is among the most extensive to date of the banks’ foreclosure practices, which caused a national uproar and prompted a $25 billion settlement between the banks and the government that was filed in federal court Monday.

“I believe the reports we just released will leave the reader asking one question — how could so many people have participated in this misconduct?” David Montoya, the inspector general of the housing department, said in a statement. “The answer — simple greed.”

What is more, rather than focusing on misconduct at outside law firms, loan processors and other third parties as some past inquiries did, the department’s investigation takes aim at internal bank processes and the chain of command. It does not name the supervisors or indicate how many knew of the problems, however.

At Bank of America, which until late last year was the nation’s largest mortgage servicer, two employees testified that they had raised concerns about whether documents were being properly notarized, but managers told them to proceed. One vice president said documents in her department were checked only for “formatting and spelling errors,” not the underlying figures or facts in the case.

“Bank of America did not establish effective control over its foreclosure process,” according to the report, to be released Tuesday. And as foreclosure cases multiplied, Bank of America’s management turned up the pressure on employees to move faster. “Despite management representations to the contrary,” the report says, “employee performance reviews demonstrated that Bank of America used defined goals and metrics to evaluate performance-based production in its document execution group.”

At Wells Fargo, now the nation’s largest mortgage servicer and originator, employees told the inspector general’s office that the company’s management had assigned them bogus titles, including “vice president of loan documentation,” even though they had no training in document review. Before becoming vice president, one employee worked at a pizza restaurant.

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More Time Allowed for Foreclosure Review Requests

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Mortgage Daily Review
Feb 15 2012, 10:53AM

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.

Office of the Comptroller of the Currency Promotes National Consumer Protection Week

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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

Michigan AG asked not to sign on to foreclosure fraud deal with feds

January 31st, 2012 2:48 pm by Todd Heywood

Ingham County Register of Deeds Curtis Hertel, Jr., sent a letter to Michigan Attorney General Bill Schuette on Tuesday asking him not to sign on to a rumored foreclosure fraud deal brokered by the U.S. Department of Justice with all 50 states and two of the nation’s largest banks.

The proposed deal has to be approved by Feb. 3, reports Bloomberg News Servic. Hertel is urging the state’s top law-enforcement officer to talk to the Michigan people about the deal, which he says has been “shrouded in secrecy.” Hertel says the deal is rumored to include immunity from criminal prosecution for executives and employees of JP Morgan Chase and CitiGroup — something he vehemently opposes.

“If a person committed this kind of widespread forgery and fraud, they would go to jail,” Hertel told The American Independent in a phone interview. “Therefore, we believe the banks should meet the same fates.”

In Michigan, Hertel has been a leading voice in ferreting out robo-signing foreclosure fraud. Robo-signing is a term used to describe the mass production of forged signatures on legal documents related to mortgage foreclosures and other matters.
Hertel has had a close working relationship with Schuette’s office and has referred several cases for criminal investigation. He is also suing several banks and foreclosure firms for allegedly failing to pay millions of dollars in property title transfer taxes. He is also suing the Mortgage Electronic Registration System alleging the same tax dodges.
In his letter, delivered to Schuette’s office Tuesday morning, Hertel wrote the attorney general:

I am writing to ask that you stand firm, and refuse to add Michigan to any settlement that would give criminal immunity to the defendants. Our ongoing investigations have demonstrated that the major banks in this settlement, and their hired document mills, were engaged in the practice of robo-signing. Hundreds of residents here in Ingham County, and thousands of residents across the state, were illegally foreclosed upon because of this practice.

These illegalities have stolen due process from our own citizens, and robbed them of precious time that could have been used to recover and resume their mortgages, or obtain a modification. A family who is facing a foreclosure is already vulnerable; this practice insured that they could not possibly reclaim their home. The full letter is embedded below.

“Those crimes were committed in our offices and essentially destroyed our land property records,” Hertel says of the alleged frauds. “You shouldn’t be able to buy your way out of criminal investigations.”

The Attorney General’s office did not immediately respond to an inquiry.

Administration Revamps HAMP to Reach More Borrowers

By: Carrie Bay

The Obama administration has announced changes to its flagship foreclosure prevention initiative – the Home Affordable Modification Program (HAMP) – which officials say will expand its reach to more distressed homeowners.

Among the changes, borrowers who are struggling because of debt beyond their mortgage will be eligible for a secondary evaluation with more flexible debt-to-income criteria, and eligibility will be extended to investor-owned homes that are used as rental properties.

The administration is also giving principal reductions a bigger role within the program, tripling incentives for investors that agree to write down an underwater borrower’s principal and offering these same incentives to the nation’s two biggest mortgage investors – Fannie Mae and Freddie Mac.

The deadline for HAMP will be extended for an additional year through December 31, 2013.

(developing story)

*Additional details have been provided in a blog post by Tim Massad, assistant secretary for financial stability.

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