Freddie Mac Says Mortgage Refund Demands Hit $3.2 Billion

Rick Green, Bloomberg

Freddie Mac, the mortgage-finance company operating under U.S. conservatorship, said its pending requests to lenders for refunds on faulty mortgages rose about 19 percent in the first quarter to $3.2 billion.

The new total included 38 percent that were outstanding for more than four months, the McLean, Virginia-based company said today in a securities filing. The sum represents the unpaid balance on requests to sellers and servicers of single-family home loans, and the increase is measured from the end of 2011. The total decreased from $3.4 billion in the first quarter of last year.

Costs tied to faulty mortgages have cost the nation’s biggest banks more than $72 billion since the start of 2007, according to data compiled by Bloomberg, and lenders say the threat of more “putbacks” is deterring them from making new home loans backed by Freddie Mac and Fannie Mae.

Most banks “are actively exiting the mortgage market and have steep declines in their mortgage portfolio,” Meredith Whitney, head of the self-named advisory firm, said today in a radio interview on “Bloomberg Surveillance” with Tom Keene and Ken Prewitt. “The big issue is, do you want to be in bed with an agency that is going to come back and sue you? No.”

A Federal Reserve survey released this week asked senior loan officers to explain why they were less likely than in 2006 to originate a conventional home loan that meets standards of the so-called government-sponsored enterprises. More than half the respondents “noted the higher risk of putbacks of delinquent mortgages by the GSEs as an important factor, and that factor was listed as the most important one by the largest number of banks,” the Fed reported.

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Morgan Stanley To Be Fined In MERS Robo-signing Scandal

The US Federal Reserve has issued a punishing court order to Morgan Stanley, as it prepares to fine the bank over the use of automated ‘robo signing’ of documents relating to foreclosures for US homeowners judged as struggling to pay their mortgages.

Leo King, Computerworld IDG

The US Federal Reserve has issued a punishing court order to Morgan Stanley, as it prepares to fine the bank over the use of automated ‘robo signing’ of documents relating to foreclosures for struggling US mortgage payers. It ordered the bank to make significant process, data and systems improvements.

The issue relates to a troubled electronic mortgage registry created by a range of the largest banks, which is allegedly plagued with errors. Those that have brought claims against the banks have said access to the database was deliberately restricted by the banks, and that mortgage foreclosures were often based on incorrect data entered by the banks as they rushed to offload the loans.

The court order issued this week concerns the Saxon business, which Morgan Stanley has sold to mortgage servicing group Ocwen Financial. The Fed said Morgan Stanley retained responsibility for the impact of Saxon’s actions. Saxon had issued over 225,000 residential mortgage loans.

Robo-signing typically involves employees of mortgage servicing companies automatically signing off foreclosure papers without checking them, in the interests of fast processing the papers.

The practice was allegedly supported by the Mortgage Electronic Registration Systems (MERS), which opponents claim may have resulted in unfair foreclosures for many home buyers. The database was created in 1995 to simplify the recording of mortgage sales and to allow banks to more easily sell on loans.

According to recent complaints by New York State against a number of banks, as well as being used fraudulently, the database was also “plagued with inaccuracies and errors”. New York State Attorney General Eric Schneidermann said that employees and agents of a number of banks had used the system to “repeatedly” submit court documents on mortgage holders, “containing false and misleading information that made it appear that the foreclosing party had the authority to bring a case when in fact it may not have [had]“.

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Feds To Crack Down On Firms Not Included In Mortgage Settlement

JESSICA SILVER-GREENBERG, NY Times\

Federal regulators are poised to crack down on eight financial firms that are not part of the recent government settlement over homeforeclosure practices involving sloppy, inaccurate or forged documents.

Last week, a senior Federal Reserve official recommended fines for these additional firms, raising questions about how deep foreclosure problems run through the banking industry.

In addition, judges, lawyers and advocates for homeowners say that people are still losing their homes despite improper documentation and other flaws in the foreclosure process often involving these firms.

The eight firms cited by the Federal Reserve — HSBC’s United States bank division, SunTrust Bank, MetLife, U.S. Bancorp, PNC Financial Services, EverBank, OneWest and Goldman Sachs — should be fined for “unsafe and unsound practices in their loan servicing and foreclosure processing,” Suzanne G. Killian, a senior associate director of the Federal Reserve’s Division of Consumer and Community Affairs, told lawmakers last month in a House Oversight Committee hearing in Brooklyn.

The recommendation is the culmination of an investigation begun nearly two years ago over accusations that bank representatives had been churning through hundreds of documents a day in foreclosure proceedings without reviewing them for accuracy, a practice known as robo-signing.

Some see the Fed’s recommendation as an attempt to push these firms to agree to the terms of the broader mortgage settlement involving the state attorneys general and federal officials. During those settlement talks, federal regulators contacted other institutions in hopes that they would also agree to the terms, according to people briefed on the negotiations.

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JPMorgan, BofA Lack Qualified Staff to Clear Foreclosures

Laura Marcinek and Michael J. Moore, Bloomberg

JPMorgan Chase & Co. and Bank of America Corp. told regulators they were straining last year to hire and keep enough qualified people who could clear a backlog of foreclosure complaints.

JPMorgan, the largest U.S. bank by assets, vowed to expand training after its review found that the mortgage-servicing unit “struggled to absorb rapid staffing growth and, in many cases, hired representatives with little or no home lending industry experience.” Bank of America, ranked second, said compliance operations were understaffed as of midyear 2011 and that some people lacked the skills or stature needed to do their jobs.

The assessments, released yesterday by the Federal Reserve, were contained in action plans submitted after U.S. banks were ordered last April to clean up foreclosures and mortgage servicing. The order followed a deluge of borrower complaints about lost paperwork, broken promises and missed deadlines that cost some of them their homes. The accord compels the 14 largest servicers to repay homeowners for any losses tied to the errors.

The documents describe how firms will strengthen communications with borrowers, limit certain foreclosures and bolster compliance programs, the Fed said in a statement.

“Examiners found unsafe and unsound processes and practices in residential mortgage loan servicing and foreclosure processing at a number of supervised institutions” during reviews from November 2010 to January 2011, the Fed said. The central bank will “closely follow” implementation of the plans to ensure deficiencies are fixed, it said.

JPMorgan’s Plan

In documents dated Dec. 8, New York-based JPMorgan (JPM) said lack of training contributed to high error rates. The bank started a new training program for its default underwriting staff, and after 2,900 employees attended an average of 8 hours of instruction, the average score on a test improved to 92.2 percent from 81.7 percent.

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