Deutsche Bank Agrees To Pay $202 Million For Reckless Mortgage Lending

Mortgage IT Division Sold Faulty Loans To FHA

Grant McCool, Reuters via Huffington Post

A Deutsche Bank AG mortgage unit has agreed to pay $202.3 million to settle one of the biggest U.S. government civil fraud lawsuits over reckless mortgage lending practices.

The bank’s MortgageIT unit admitted it had lied to the U.S. Department of Housing and Urban Development (HUD) that loans it issued were eligible for federal mortgage insurance when they were not, the U.S. attorney’s office in Manhattan said on Thursday. It said MortgageIT “repeatedly submitted certifications that were knowingly or recklessly false.”

Deutsche Bank and MortgageIT did not conform to federal regulations and as a consequence, HUD incurred losses when about a third of the loans defaulted, Manhattan U.S. Attorney Preet Bharara said. He said the damages to be paid by the bank would help compensate HUD.

The case is one of several civil fraud lawsuits that are part of a crackdown by the Department of Justice against lenders it believes contributed to the housing crisis by originating risky home loans that should not have been made, insured or sold.

Bharara said that between 1999 and 2009, Deutsche Bank and MortgageIT treated the federal insurance, obtained through the Federal Housing Administration (FHA), “as free government money to backstop lending practices that did not follow the rules.”

The rules include a quality control program under which the lender is required to review loans that default within the first six payments and report them. By the end of 2007, MortgageIT was not reviewing those loans. The FHA paid more than $92 million in FHA insurance claims in the 10-year period for loans that defaulted within the first six payments.

The $202.3 million resolves damages and penalties under the False Claims Act, which since 1863 has protected the federal government from fraudulent bills. The settlement was approved Thursday by a federal judge, according to documents filed in U.S. District Court in New York.

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Americans brace for next foreclosure wave

Nick Carey, Reuters via Yahoo Finance

GARFIELD HEIGHTS, Ohio (Reuters) – Half a decade into the deepest U.S. housing crisis since the 1930s, many Americans are hoping the crisis is finally nearing its end.

House sales are picking up across most of the country, the plunge in prices is slowing and attempts by lenders to claim back properties from struggling borrowers dropped by more than a third in 2011, hitting a four-year low.

But a painful part two of the slump looks set to unfold: Many more U.S. homeowners face the prospect of losing their homes this year as banks pick up the pace of foreclosures.

“We are right back where we were two years ago. I would put money on 2012 being a bigger year for foreclosures than 2010,” said Mark Seifert, executive director of Empowering & Strengthening Ohio’s People (ESOP), a counseling group with 10 offices in Ohio.

“Last year was an anomaly, and not in a good way,” he said.

In 2011, the “robo-signing” scandal, in which foreclosure documents were signed without properly reviewing individual cases, prompted banks to hold back on new foreclosures pending a settlement.

Five major banks eventually struck that settlement with 49 U.S. states in February. Signs are growing the pace of foreclosures is picking up again, something housing experts predict will again weigh on home prices before any sustained recovery can occur.

Mortgage servicing provider Lender Processing Services reported in early March that U.S. foreclosure starts jumped 28 percent in January.

More conclusive national data is not yet available. But watchdog group, 4closurefraud.org which helped uncover the “robo-signing” scandal, says it has turned up evidence of a large rise in new foreclosures between March 1 and 24 by three big banks in Palm Beach County in Florida, one of the states hit hardest by the housing crash

Although foreclosure starts were 50 percent or more lower than for the same period in 2010, those begun by Deutsche Bank were up 47 percent from 2011. Those of Wells Fargo’s rose 68 percent and Bank of America’s, including BAC Home Loans Servicing, jumped nearly seven-fold — 251 starts versus 37 in the same period in 2011. Bank of America said it does not comment on data provided by other sources. Wells Fargo and Deutsche Bank did not comment.

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Federal Judge Slaps Minnesota Foreclosure Defense Attorney With $50k Sanction

Legal decision has attorneys talking

Jessica Mador, Minnesota Public Radio

MPR News received a tip about a complicated story involving an attorney, a judge and the state’s foreclosure laws.

U.S. District Judge Patrick J. Schiltz has taken the unusual step of sanctioning Minneapolis attorney William Butler for filing what the judge calls frivolous show-me-the-note actions. That’s where a homeowner facing foreclosure argues that because the mortgage and note are held by different entities, the home’s mortgage or foreclosure on that mortgage is invalid.

Separating the note from the mortgage contributed to the practice of mortgage securitization, one culprit in the housing bubble and crash.

Some courts in other states have ruled in favor of homeowners in cases like these. But here, Judge Schiltz says it’s been established under Minnesota law (he references Jackson v. Mortgage Electronic Registration Systems, Inc.) that the entity that holds the mortgage can foreclose on the mortgage even if that entity does not also hold the note. Showing the note is not necessary under foreclosure by advertisement, which is how most of Minnesota’s foreclosures are processed.

Butler, of Butler Liberty Law, LLC, brought nearly 30 of such cases on behalf of several hundred people and apparently never won.

Among other things, Judge Schiltz alleges Butler solicited homeowners facing foreclosure for frivolous cases and then “judge shopped” for sympathetic judges while his cases dragged on for months, allowing him to collect fees from clients and allowing those clients to continue living in their homes rent-free.

As punishment, the court ordered Butler to pay a $50,000 penalty and cover attorneys fees for some of the largest firms representing clients like GMAC Mortgage, Deutsche Bank, The Bank of New York and others. People familiar with the case expect these penalties to rise well into the six figures. Butler also risks losing his license to practice law.

Minneapolis attorney Daniel Tyson has been handling real estate and foreclosure cases for decades. He declined to comment on the specifics of Butler’s cases mentioned in the judge’s order. But he says it’s clear the judge’s ruling was intended to send a message.

“The amount of the sanction is high and the judge wanted to teach this attorney a lesson that his behavior wasn’t appropriate and if he’s going to start a lawsuit and bring it into federal court or any court it has to be based upon proper claims, and in this case the judge determined that the show-me-the-note claim was not appropriate for this particular matter before him.”

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Like Their Goose Stepping Wehrmacht Grandfathers, Deutsche Bank Bullies Florida Lawyer

First It Was Her Son, Now Lynn Szymoniak’s Pool Guy, Plumber and Landscaper Are being Harassed

Kimberly Miller, Palm Beach Post

The pool guy, plumber and lawn man for a Palm Beach Gardens homeowner who recently won an $18 million settlement in a foreclosure-related lawsuit are being sought for questioning by the bank still seeking to repossess her home.

Lynn Szymoniak, a 63-year-old attorney who specializes in white collar crime, shot to national fame last year when she was featured on the CBS news show 60 minutes for her role in uncovering widespread mortgage and foreclosure fraud after finding it in her own 2008 case.

This month, it was announced she would receive $18 million from a whistle-blower lawsuit filed under the federal False Claims Act, which allows the government to bring civil actions against entities that knowingly use or cause the use of false documents to obtain money from the government.

Deutsche Bank, which filed to foreclose on $759,428 in unpaid principal against Szymoniak in 2008, sent notice to her attorney Monday that it plans to depose eight companies that have done work on her home including her plumber, air conditioning repair firm, landscaper and two pool service companies.

Szymoniak said because her loan was taken out to renovate her home, including installing hardwood floors and upgrading bathrooms, the bank may be trying to determine whether she actually used the money for the designated purpose.

But she said the move is unusual in a foreclosure case, and because the requests are so lengthy, including a demand for all communications between the company and herself, she said it’s more likely a form of harassment or an effort to increase court costs.

“It’s just them saying ‘How can we dirty her up as best we can,’” Szymoniak said. “It would almost be funny to see my yard guy come in. The one guy didn’t even start servicing my pool until four months ago.”

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