Lawmakers consider slowing Virginia foreclosure process

David S. Hilzenrath, Washington Post

As Virginia’s new legislative session gets underway, lawmakers are considering an overhaul of the state’s foreclosure process aimed at combating alleged shortcuts and abuses by lenders seizing borrowers’ homes.

Homeowners, who currently face one of the fastest foreclosure processes in the country, would be given more time to defend themselves under one proposal. Another bill would require lenders to get the approval of a judgebefore seizing a home. A third would give homeownersa last-minute chance to avert foreclosure by catching up on overdue payments.

The effort to transform Virginia’s foreclosure process faces an early test Monday, when one of the more far-reaching bills is scheduled for a hearing and a vote in a House subcommittee. The measure would force banks to maintain up-to-date records on Virginia loans in government offices, potentially restraining global trade in these mortgages.

The proposals come as high unemployment and the real estate meltdown have made foreclosures commonplace. Overwhelmed by defaults, some lenders have been accused of using bogus or “robo-signed” documents to seize property from delinquent borrowers.

The Virginia Bankers Association strongly opposes the overhaul, saying it would gum up the process. Members of the group visited the General Assembly this week to make their arguments.

Some key lawmakers, including the speaker of the House, say the system works well and that proposed revisions could make matters worse.

Bills filed in the House and Senate call for a variety of changes.

Homeowners would be given greater warning – 30 or 45 days – before their houses could be auctioned. Current law requires that foreclosure notices be sent at least 14 days in advance, which has left some homeowners with too little time to mount a defense.

Under the new proposals, lenders would face penalties for foreclosing on the basis of false documents, and would have to seek court review before foreclosing.

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A Happy Ending to a Raw, but Common, Tale

Joe Nocera, NY Times

Lilla Roberts is a 73-year-old retired physical therapist, a pleasant, engaging woman who moved to this country from Jamaica 46 years ago. In 1988, she bought a small house in Jamaica, Queens, putting down $25,000, and taking out a mortgage for around $120,000. For many years, she religiously made her mortgage payments.

Like most homes in this part of Queens, this one is a little on the ramshackle side: a small, two-story home, part brick, part faded gray siding, with a red awning out front and a large backyard. But she raised her children and several of her grandchildren in this home. Her life’s memories are in this home. It means a lot to her.

“My whole life is here,” she said on Tuesday, when I visited her. “Every penny I ever had I put into this house.”

Ms. Roberts pointed down. “I finished the basement,” she said. She pointed up. “I had to put in new windows and repair all the rotting wood,” she said, referring to an upstairs apartment she rents out.

She pointed toward the back of the house, to the yard beyond her cramped kitchen and her two crowded bedrooms. “I love my garden,” she said. She paused, and then sighed. Between her pension, Social Security and rental income, she said, “I have enough income to pay my mortgage. I would love to enjoy the rest of my life here.”

Sitting across from Ms. Roberts was Elizabeth Lynch, a 30-something lawyer who works for MFY Legal Services. Ms. Lynch is a foreclosure specialist who has spent the last few months trying desperately to keep Ms. Roberts from losing her home. In 2007, a year after a refinancing, Ms. Roberts suffered a temporary setback that caused her to stop paying her mortgage for less than a year. Given her situation — steady income, a history of reliability — you would think that she would be a perfect candidate for a mortgage modification.

Instead, her servicer, Bank of America, foreclosed on the property in late August and handed it off to Fannie Mae, which owned the mortgage. Ms. Roberts first learned this when she saw Fannie Mae’s eviction notice taped to her front door.

As part of her effort to save Ms. Roberts’ house, Ms. Lynch filed a lawsuit to undo the foreclosure, on the grounds that fraud had been committed at various points along the way. Although such suits rarely succeed, a judge agreed to hear the case in early January.

Another part of her effort, though, was to try to create some media interest, which is how I got involved. “With all of the foreclosure cases I have seen,” Ms. Lynch wrote in an e-mail, “this is the one that gets at me the most.”

Truth to tell, Ms. Roberts’s story got to me too. Even putting aside the possibility of fraud, nobody should have to endure what she’s been through. Since March 2008 — that’s right, two and a half years — she has spent nearly $30,000 trying to hold onto her home. She has had to deal with a nasty foreclosure mill law firm, with servicing employees who gave her the runaround and with a foreclosure process that took place behind her back. And she has had to deal with the anxiety of not knowing whether she would be able to keep her home.

Yes, there are people who took out mortgages knowing they could never pay the money back. Ms. Roberts is not one of them. Rather, she is one of the many Americans, mostly poor and lower-middle class, who have been devastated by a system that is as rapacious, uncaring — and sloppy — in tossing people out of their homes as it once was in foisting predatory mortgages on them.

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Attorneys general in 40 states to investigate foreclosures

Dakin Campbell & Prashant Gopal, Bloomberg via Miami Herald

Attorneys general in about 40 states may announce this week a joint investigation into potentially faulty foreclosures at the largest banks and mortgage firms, according to a person with direct knowledge of the matter.

State attorneys general led by Iowa’s Tom Miller are in talks that may lead to the announcement of a coordinated probe as soon as Oct. 12, said the person, who asked not to be named because an agreement wasn’t completed. The number of states may change because several are deciding whether to join, the person said. New Mexico Attorney General Gary King said last week in a statement that his office will join a multi-state effort.

Lawyers representing the banks expect a widening investigation, according to Patrick McManemin, a partner at Patton Boggs, a Washington-based law firm that represents banks, loan servicers and financial institutions. Bank of America, the biggest U.S. lender, Friday extended a freeze on foreclosures to all 50 states.

“We are aware of or involved in a large number of investigations that lead us to believe there are in the neighborhood of 40 state attorneys general who have initiated investigations or expressed an interest,” McManemin said in a telephone interview.

Officials in at least seven states have already announced probes into claims that employees at home lenders and loan servicers signed court documents without ensuring the information was accurate. On Oct. 7, Miller said in a statement that he was working with state officials, banking regulators and the U.S. Justice Department to launch a coordinated review. Attorneys general in Ohio and Connecticut have said some of the practices may amount to fraud.

The Senate Banking Committee plans to hold a hearing Nov. 16 to investigate mortgage servicing and foreclosure practices, according to its website.
Read more: http://www.miamiherald.com/2010/10/11/1867647/attorneys-general-in-40-states.html#ixzz123NqtY93

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Government had been warned for months about troubles in mortgage servicer industry

Zachary A. Goldfarb, Washington Post

Consumer advocates and lawyers warned federal officials in recent years that the U.S. foreclosure system was designed to seize people’s homes as fast as possible, often without regard to the rights of homeowners.

In recent days, amid reports that major lenders have used improper procedures and fraudulent paperwork to seize properties, some Obama administration officials have acknowledged they had been aware of flaws in how the mortgage industry pursues foreclosures.

But the officials said they could take only limited action to address the danger. In part, this was because they wanted lenders’ help carrying out federal programs to modify mortgages that had fallen into default or were poised to do so.

New concerns about improper practices – such as those involving faked documents or “robo-signers” who signed tens of thousands of documents without reviewing them – have prompted the mortgage servicing arms of the country’s largest banks to freeze millions of foreclosures. As momentum builds for a national moratorium, the administration has begun assessing the potential impact, examining the threat it could pose for the ailing housing market and the wider financial system.

There is no evidence so far that the specific abuses made public in the past few weeks were known to government officials. Nor is it clear whether they were aware that the process of the selling and reselling of mortgages among financial firms – which became extremely common and highly profitable during the housing boom – was raising legal questions about who actually owned the loans and had the right to foreclose if they want bad.

But government officials were told repeatedly that the mortgage servicing industry was deeply troubled, according to administration officials, consumer advocates, housing lawyers and congressional aides.

“Have we talked to them about servicer incompetence? Repeatedly. Have we talked to them how the servicer system is broken? Yes,” said Ira Rheingold, executive director of the National Association of Consumer Advocates. “Have we talked to them about the costly stream of errors made by servicers? Yes.”

Read more here: http://www.washingtonpost.com/wp-dyn/content/article/2010/10/09/AR2010100904125.html?sid=ST2010100904153

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