Conn. AG strikes deal with Wells Fargo over pick-a-payment mortgages

Jon Prior, Housing Wire

Connecticut Attorney General George Jepsen reached an agreement with Wells Fargo over allegedly deceptive marketing practices of adjustable-rate mortgages written by Wachovia and Golden West Financial.

Wells acquired the two mortgage originators in 2008. Under the agreement, Wells will consider 1,535 Connecticut homeowners for modification and pay $741,465 to the state’s foreclosure prevention efforts.

The AG claimed Wachovia and Golden West violated state consumer protection laws by not explaining to “pick-a-payment” borrowers that their minimum payment would not cover the full amount of accrued interest and would actually lead to an increase in the loan amount.

“I want to stress that Wells Fargo inherited this problem when it acquired Wachovia and Golden West. I am pleased that Wells Fargo is addressing this issue,” Jepsen said. “Connecticut homeowners struggling with these risky, ‘pick-a-payment’ loans will have a fair opportunity to achieve a loan modification or other relief.”

The borrowers will first be considered for the Home Affordable Modification Program and then for the bank’s private initiative known as Mortgage Assistance Program 2. The AG’s office said some of the modifications could include principal forgiveness but depends on the borrower’s circumstances.

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CT’s Pending Home Foreclosures Will Take 10 Years To Process

George Gombossy, CT Watch Dog

To get a sense as to how serious the real estate problem is, a national study shows that it would take more than 10 years to clear up all the pending foreclosures in Connecticut.

And of course Connecticut is not the worst state for real estate problems.

Next door in New York state, it would take lenders 62 years at the current pace to repossess the 213,000 houses now in severe default or foreclosure, according to calculations by LPS  Applied Analytics, a prominent real estate data firm,” according to a New York Times story.

In the 27 states – including Connecticut, New York and Massachusetts – homeowners in default on their mortgages can live for years for free because it now takes much longer for banks to foreclose and evict homeowners. In each of these states judges must approve foreclosures.

There are 21,762 home owners in Connecticut that are 90 days  or more behind on their mortgage payments, the report (available below) shows.

“At the current pace of foreclosure sales (and please note, these sales are when the lender takes possession or there is some other involuntary liquidation – not if you or I were to purchase a foreclosed property from the bank), it would take 245 months, or just over 20 years, to work through the loans currently either 90+ days delinquent or in foreclosure,”  Mitch Cohen, Sr. Vice President, Managing Director, of MPRG, told CtWatchdog. MPRG represents LPS Applied Analytics.

The problem for banks will get worse and homeowners will have even more breathing room as millions of additional homeowners stop paying on their mortgages as more people lose their jobs or are unable to find new work.

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Connecticut foreclosure mediation bill moves out of banks committee

Kerri Panchuk, Housing Wire

A bill to prevent mortgage lenders from foreclosing on property until a homeowner completes a foreclosure mediation process moved out of the Connecticut Assembly’s banks committee.

If passed, H.B. 6351 would prohibit lenders from ordering a foreclosure sale or default judgment in Connecticut unless the homeowner has been notified of the possibility of seeking mediation assistance and has been allotted enough time to seek help and go through the mediation process.

A lender also would be prohibited from foreclosing unless the borrower has been given enough time to file a mediation request and the request period allowed has expired without the homeowner filing for assistance.

Out of 17 voting lawmakers on the banks committee, 14 voted for the bill.

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Connecticut’s Musto Seeks to Change Title Rules in Foreclosure Cases

Proposal would level playing field between banks and homeowners

Amidst national reports of shoddy paperwork processing that led to suspended foreclosure proceedings at many major lenders, state Senator Anthony Musto (D-Trumbull) is pushing legislation that would require banks to perfect their legal right to property before they can file a foreclosure action.

Under current state law, banks and other lenders are exempt from recording their mortgage assignments, and thus securing their rights to the mortgage, before foreclosing on property—in contrast to individuals, who must properly record such things as deeds, liens and easements in public land records to make them effective.

“Our law treats banks, mortgage holders and other lending institutions different from everyone else,” said Senator Musto, who testified in support of the bill before the General Assembly’s Judiciary Committee this past Friday. “With recent fraudulent document scandals involving some of the countries biggest mortgage lenders, and with a foreclosure crisis planted at the root of our continuing economic troubles, it makes no sense to allow banks to skip a step required by everyone else to secure an interest in the land. This bill will remove an unreasonable exemption and provide an additional layer of security for homeowners. Banks simply need to play by the same set of rules everyone else uses.”

Formally, the bill would repeal Section 47-17 of the Connecticut General Statutes. The legislation—Senate Bill 1074, An Act Concerning Foreclosure When Legal Title Has Not Been Conveyed—currently waits for action from the Judiciary Committee.

The 2011 legislative session adjourns on June 8.

Senator Anthony Musto represents Bridgeport, Trumbull and Monroe in the state Senate, where he serves as chair of the Human Services Committee.

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