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  • Bank of America delays Foreclosures

    WASHINGTON (AP) -- Bank of America is delaying foreclosures in 23 states as it examines whether it rushed the foreclosure process for thousands of homeowners without reading the documents.

    The move adds the nation's largest bank to a growing list of mortgage companies whose employees signed documents in foreclosure cases without verifying the information in them.

    Bank of America isn't able to estimate how many homeowners' cases will be affected, Dan Frahm, a spokesman for the Charlotte, N.C.-based bank, said Friday. He said the bank plans to resubmit corrected documents within several weeks.

    Two other companies, Ally Financial Inc.'s GMAC Mortgage unit and JPMorgan Chase, have halted tens of thousands of foreclosure cases after similar problems became public.

    The document problems could cause thousands of homeowners to contest foreclosures that are in the works or have been completed. If the problems turn up at other lenders, a foreclosure crisis that's already likely to drag on for several more years could persist even longer. Analysts caution that most homeowners facing foreclosure are still likely to lose their homes.

    State attorneys general, who enforce foreclosure laws, are stepping up pressure on the industry.

    On Friday, Connecticut Attorney General Richard Blumenthal asked a state court to freeze all home foreclosures for 60 days. Doing so "should stop a foreclosure steamroller based on defective documents," he said.

    And California Attorney General Jerry Brown called on JPMorgan to suspend foreclosures unless it could show it complied with a state consumer protection law. The law requires lenders to contact borrowers at risk of foreclosure to determine whether they qualify for mortgage assistance.

    In Florida, the state attorney general is investigating four law firms, two with ties to GMAC, for allegedly providing fraudulent documents in foreclosure cases. The Ohio attorney general asked judges this week to review GMAC foreclosure cases.

    In New York, State Attorney General Andrew Cuomo is reviewing the matter "to prevent homeowners from being improperly removed from their homes," according to a spokesman, Richard Bamberger, who said Friday that Cuomo's office has been in contact with several of the financial institutions.

    Mark Paustenbach, a Treasury Department spokesman, said the Treasury has asked federal regulators "to look into these troubling developments." And the Office of the Comptroller of the Currency, which regulates national banks, has asked seven big banks to examine their foreclosure processes.

    "We both want to see that they fix the processing problems, but also to look to see whether there is specific harm" to homeowners, John Walsh, the agency's acting director told lawmakers Thursday.

    A document obtained Friday by the Associated Press showed a Bank of America official acknowledging in a legal proceeding that she signed up to 8,000 foreclosure documents a month and typically didn't read them.

    The official, Renee Hertzler, said in a February deposition that she signed 7,000 to 8,000 foreclosure documents a month.

    "I typically don't read them because of the volume that we sign," Hertzler said.

    She also acknowledged identifying herself as a representative of a different bank, Bank of New York Mellon, that she didn't work for. Bank of New York Mellon served as a trustee for the investors holding the homeowner's loan.

    Hertzler could not be reached for comment.

    A lawyer for the homeowner in the case, James O'Connor of Fitchburg, Mass., said such problems are rampant throughout the industry.

    "We have had thousands, maybe hundreds of thousands of foreclosures around the country by entities that did not have the right to foreclose," O'Connor said.

    The disclosure comes two days after JPMorgan said it would temporarily stop foreclosing on more than 50,000 homes so it could review documents that might contain errors. Last week, GMAC halted certain evictions and sales of foreclosed homes in 23 states to review those cases after finding procedural errors in some foreclosure affidavits.

    Consumer advocates say the problems are widespread across the lending industry.

    "The general level of sloppiness is pervasive around the industry," said Diane Thompson, counsel at the National Consumer Law Center.

    Vickee Adams, a spokeswoman for Wells Fargo & Co., said Wells' "policies, procedures and practices satisfy us that the affidavits we sign are accurate."

    Mark Rodgers, a spokesman for Citigroup Inc., said the bank "reviews document handling processes in our foreclosure group on an ongoing basis, and we have strong training to ensure that appropriate employees are fully aware of the proper procedures."

    Mortgage finance companies Fannie Mae and Freddie Mac said Friday they're directing companies they work with that collect loan payments to follow proper procedures.

    In some states, lenders can foreclose quickly on delinquent mortgage borrowers. By contrast, the 23 states in which Bank of America is delaying foreclosures use a lengthy court process. They require documents to verify information on the mortgage, including who owns it.

    Those states are:

    Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Nebraska, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Vermont and Wisconsin.

    AP Business Writer Christopher S. Rugaber contributed to this repor

  • #2
    I work in the financial industry. The thing that bothers me is when the bail out to the banks was announced the banks and the government announced programs to help distressed homeowners. I have tried to help several people that could have resumed making payments but the banks were refusing the offer and were rushing the house to foreclosures. It is a big win win situation the banks get YOUR TAX DOLLARS and foreclose on the properties for Fannie and Freddie to buy the loans. You see Fannie and Freddie insured the loans so YOU THE TAX PAYER AGAIN PAYS THE BANKS. Not to mention the Attorneys that the banks use to foreclose. If your house goes into foreclosure for one day the attorneys charge around $5,000.00 to file the paper work. So on a Fannie or Freddie loan they can put you in foreclosure if you are 3 1/2 months past due on your mortgage. For example if you are 3 months past due and you can pay 2 months toward your mortgage. The bank can block that payment and say they want all three months. So if your mortgage payment is $600.00 per month and you have $1,200.00 and you just need another $600 the bank can submit your loan to foreclosure so now with the foreclosure fee(that is a click of the button sending the paper work to the attorney) Now you owe an extra fee of $3,000.00 to $5,000.00. So now the homeowner owes as much as $1,800 + $5,000 = $6,800.00.

    In conclusion President Obama trusted the wrong people in fixing this crisis. Yes there are people out there that has homes that they cannot afford and they will lose it. But as George W. Bush did in trusting people (Dick Cheney, Halaburton) with motives for going to war. Obama trusted people with motives for the banks interest instead of the people. It would of been a whole lot cheaper(for all of us) to modify the loans and move the past due amount at the end of the loan. And have the mortgage payment garnished from the homeowner paycheck to make sure the loans are paid. The IRS will garnish you if you owe taxes.

    Comment


    • #3
      Originally posted by buddyluv1968 View Post
      I work in the financial industry. The thing that bothers me is when the bail out to the banks was announced the banks and the government announced programs to help distressed homeowners. I have tried to help several people that could have resumed making payments but the banks were refusing the offer and were rushing the house to foreclosures. It is a big win win situation the banks get YOUR TAX DOLLARS and foreclose on the properties for Fannie and Freddie to buy the loans. You see Fannie and Freddie insured the loans so YOU THE TAX PAYER AGAIN PAYS THE BANKS. Not to mention the Attorneys that the banks use to foreclose. If your house goes into foreclosure for one day the attorneys charge around $5,000.00 to file the paper work. So on a Fannie or Freddie loan they can put you in foreclosure if you are 3 1/2 months past due on your mortgage. For example if you are 3 months past due and you can pay 2 months toward your mortgage. The bank can block that payment and say they want all three months. So if your mortgage payment is $600.00 per month and you have $1,200.00 and you just need another $600 the bank can submit your loan to foreclosure so now with the foreclosure fee(that is a click of the button sending the paper work to the attorney) Now you owe an extra fee of $3,000.00 to $5,000.00. So now the homeowner owes as much as $1,800 + $5,000 = $6,800.00.

      In conclusion President Obama trusted the wrong people in fixing this crisis. Yes there are people out there that has homes that they cannot afford and they will lose it. But as George W. Bush did in trusting people (Dick Cheney, Halaburton) with motives for going to war. Obama trusted people with motives for the banks interest instead of the people. It would of been a whole lot cheaper(for all of us) to modify the loans and move the past due amount at the end of the loan. And have the mortgage payment garnished from the homeowner paycheck to make sure the loans are paid. The IRS will garnish you if you owe taxes.
      WTF do these mortgage companies think they are gonna do with all these foreclosed homes when the average Joe working man is expected to work for $10/hr or less? Assholes...

      TOUCHDOWN FAT BOY!

      I was Born my Pappy's Son,
      When I hit the ground, I was on the Run!
      Jon E. Checkers

      Comment


      • #4
        Originally posted by jcheckers View Post
        WTF do these mortgage companies think they are gonna do with all these foreclosed homes when the average Joe working man is expected to work for $10/hr or less? Assholes...
        They don't care because Freddie and Fannie is going to bail them out. There is no risk for the banks.. But if the average Joe cannot afford a house they should not be in it. My point is that if you get behind and you can prove that you can afford the house the banks add extra penalties to make it harder for the homeowner to stay...
        Last edited by buddyluv1968; 10-02-2010, 02:14 PM.

        Comment


        • #5
          Wait a minute I know something about foreclosures as I was trying to buy one and the bank owned the property. The bank took a huge hit on the house as well. I don't think all of these foreclosures go to fannie mae and freddie mac. The banks want to foreclose on certain houses, because if there's a lot of equity built into it they can make money. Now on the house that there's hardly no equity people are short selling thus the bank takes a loss.

          I think it depends on if the people got a traditional loan and who the loan was sold too. Fannie mae and Freddie mac can't carry all home loans.

          Comment


          • #6
            Originally posted by buddyluv1968 View Post
            They don't care because Freddie and Fannie is going to bail them out. There is no risk for the banks.. But if the average Joe cannot afford a house they should not be in it. My point is that if you get behind and you can prove that you can afford the house the banks add extra penalties to make it harder for the homeowner to stay...
            Buddy, My point is when the average Joe cannot afford to buy a home, new car, new appliances and on and on, then Who the F%#K is gonna buy all that shit? The 1% who are rich can't buy 100% of all the goods and services produced in this country. If the average Joe working man isn't paid a living wage, then who the F#%K is gonna build and make all that shit for the F$%king Rich? This country is heading for a de-flationary cycle that will make 'The Great Depression' look like a Church Social.... Assholes (and I'm bi-partisan) I blame both parties equally for the mess they got us in. BTW we paid our mortgage off in May of 2008 before this great recession began so the 'Repo Man' can Kiss my Ass!

            TOUCHDOWN FAT BOY!

            I was Born my Pappy's Son,
            When I hit the ground, I was on the Run!
            Jon E. Checkers

            Comment


            • #7
              Originally posted by jcheckers View Post
              Buddy, My point is when the average Joe cannot afford to buy a home, new car, new appliances and on and on, then Who the F%#K is gonna buy all that shit? The 1% who are rich can't buy 100% of all the goods and services produced in this country. If the average Joe working man isn't paid a living wage, then who the F#%K is gonna build and make all that shit for the F$%king Rich? This country is heading for a de-flationary cycle that will make 'The Great Depression' look like a Church Social.... Assholes (and I'm bi-partisan) I blame both parties equally for the mess they got us in. BTW we paid our mortgage off in May of 2008 before this great recession began so the 'Repo Man' can Kiss my Ass!
              China has been sending over bus loads of people buying up homes cheap for investments.

              People from the UK were buying homes in Detroit buy the 100's for investments.

              Investors are buying homes as investments as well. However, if the banks dropped all of the shadow inventory on the market there would be a greater price push downward.

              Comment


              • #8
                Originally posted by BettorsChat View Post
                Wait a minute I know something about foreclosures as I was trying to buy one and the bank owned the property. The bank took a huge hit on the house as well. I don't think all of these foreclosures go to fannie mae and freddie mac. The banks want to foreclose on certain houses, because if there's a lot of equity built into it they can make money. Now on the house that there's hardly no equity people are short selling thus the bank takes a loss.

                I think it depends on if the people got a traditional loan and who the loan was sold too. Fannie mae and Freddie mac can't carry all home loans.
                You're right.... Some banks do have their portfolio... I'm talking about Fannie, Freddie and FHA... The VA is also a guaranteed by the Govt. but the VA do offer a lot of help because you can deal with the VA directly..

                Comment

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