D.C. Council alters foreclosure law, adds new consumer rights

Cezary Podkul, Washington Post

The D.C. Council enacted emergency legislation Tuesday to amend a controversial clause in its foreclosure mediation law that threatened to stall the sale of foreclosed affected homes across the city.

The move came just days after The Washington Post reported that two large title insurers, which account for nearly 80 percent of the D.C. market share, stopped insuring sales of foreclosed homes because of concerns over the law.

The change will make it easier for buyers of foreclosed homes to obtain loans, because title insurance, which protects mortgage lenders from challenges to their rights to a property, is an essential ingredient in the home-buying process. That, in turn, could help stabilize District prices by speeding the sales of homes in the foreclosure pipeline.

“The issue is resolved,” said Roy Kaufmann, a lobbyist for the D.C. Land Title Association, which includes the two insurers, Fidelity National Title Group and First American Title Insurance, which withdrew from the foreclosure market.

Fidelity and First American had argued that the council’s law, which requires lenders to begin mediation with a homeowner before foreclosing on a home, was too broad and posed too much risk for them in insuring foreclosed properties.

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Mediation now required for Washington D.C. foreclosures

Washington Post

Mediation allows the borrower and the lender’s representative to negotiate, with the guidance of an impartial go-between, over possible alternatives to a foreclosure, such as a loan modification. But neither side can be compelled to agree to a mediated solution.

Peter Tatian, research associate with the Urban Institute, a social policy think tank, said mediation can be useful in a place such as the District, which does not require courts to review foreclosure cases.

“Having a mediator that can be that extra set of eyes and ears helps bridge the gap between the homeowner and lender and, I think, can be very beneficial.”

There are more than 3,000 homes (including condos) in the foreclosure process now in the District. “We seem to be stuck there for the moment,” he said.

Maryland implemented a new foreclosure mediation law July 1, which requires that a lender send the homeowner a “Request for Mediation” form when it starts foreclosure proceedings in a Maryland court.

Homeowners have 15 days in which to file the request with the Circuit Court and must pay a non-refundable fee of $50.

The new D.C. program was proposed by Ward 4 council member Muriel Bowser and will be managed by the District’s Department of Insurance, Securities and Banking.

Read more here: http://www.washingtonpost.com/wp-dyn/content/article/2010/11/12/AR2010111200134.html

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Wells Fargo Foreclosures Proceed After Data Queried

Dakin Campbell and David Mildenberg, Bloomberg

Wells Fargo & Co. is standing by the accuracy of its foreclosure filings and won’t follow competitors in delaying seizures, after an employee testified he signed documents for proceedings without personally reviewing records.

The bank said yesterday it doesn’t plan to halt repossessions because its “procedures and daily auditing demonstrate that our foreclosure affidavits are accurate.”

In a May 20 deposition, a Wells Fargo Home Mortgage employee said he signed 50 to 150 documents a day, including statements describing debts and borrowers used to justify foreclosures, without personally confirming the information was correct. His testimony related to a civil claim against the bank in a Washington state court. A judge dismissed the case in June.

Mortgage firms have drawn fire from borrowers, lawyers and state officials for letting employees sign affidavits for court- monitored foreclosures without personally checking loan records. JPMorgan Chase & Co. and Bank of America Corp. last week delayed foreclosures to review the accuracy of their filings. Last month, Ally Financial Inc. said its GMAC Mortgage unit would halt evictions for a similar review.

The Wells Fargo employee said he relied on foreclosure lawyers and personnel in other departments to check files, according to a deposition transcript provided by Melissa Huelsman, the Seattle attorney representing the homeowner. The employee said he confirmed the date on the file before signing without verifying other information.

‘Out of Context’

Those comments “should not be taken out of context,” Wells Fargo said in yesterday’s statement, e-mailed by a spokeswoman, Vickee Adams. The judge “reviewed Wells Fargo’s procedures, documents and declarations and summarily dismissed the borrower’s case, confirming that the foreclosure was valid,” the bank said in the statement.

Read more here: http://www.bloomberg.com/news/2010-10-06/wells-fargo-won-t-delay-foreclosures-as-rivals-review-filings.html

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Foreclose first, ask questions later

Ann Woolner, Bloomberg via The Miami Herald

There was a time, not long ago, when having a home of your own signaled stability. It was a stake in a community, a place for individuals to come into their own or for families to grow. It was a solemn obligation to a financial institution, a statement of the bank’s faith in you, an investment for old age.

So much for that. These days, millions of houses across the country sit empty or shelter owners who can’t or won’t make mortgage payments. The vacancies undermine the notion of home ownership as a road to stability.

As dismal as the housing market is, at least we could cling to the idea that the nation was slowly climbing out of the mortgage mess. Despite how painful and heartbreaking foreclosures and evictions are, the country was working its way toward still-distant normalcy.

DASHED HOPES

This month, hopes for a stabilized housing market took a hit, as Ally Financial Inc.’s GMAC Mortgage unit halted evictions in 23 states. Attorney generals in two more states also are demanding moratoria.

The culprit is sloppy, possibly fraudulent, paperwork by at least one manager at the division. And it looks like he was doing what lots of other foreclosure processors were doing, too.

We’ve seen this culprit before. Sloppy research and sometimes fraudulent paperwork by lenders, loan packagers, credit raters and insurers of mortgage-backed securities kicked off the mortgage disaster in the first place.

The only difference is that this time it’s occurring at the rear end of the business, foreclosures.

Did anybody working at mortgage lenders learn anything over the past two years? And shouldn’t banks be careful about taking away someone’s home?

GMAC middle manager Jeffrey Stephan said in a deposition that he signed 10,000 foreclosure packages a month. To accomplish that, he had to give up something. What he omitted was checking to see whether the named owner was really in default and whether the listed mortgage holder in fact still held the mortgage.

In other words, he had no time to check the facts contained in the papers whose accuracy he was guaranteeing. Nor did he bother to always have a notary present when he signed, as required.

Likewise, a JPMorgan Chase executive said in a deposition last May that she hadn’t personally verified information on the thousands of affidavits and other documents she signed so that her bank could foreclose on houses.

OVERWHELMED

Beth Ann Cottrell, an operation supervisor at the company’s Chase Home Finance unit, testified that she and seven other managers signed a total of about 18,000 documents a month, according to a transcript.

Between the two of them, JPMorgan and Ally service a huge chunk of the country’s home mortgages, $1.35 trillion for JPMorgan and more than $349 billion for Ally, according to newsletter Inside Mortgage Finance.

Read more: http://www.miamiherald.com/2010/10/03/1854196/foreclose-first-ask-questions.html#ixzz11L4nLPbT

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