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.

Read more here

Share

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.

Share

You’re a mean one, Ms. Desoer! BofA Tries To Foreclose On X-mas Eve

George Gombossy, CT Watchdog

In one of the more bizarre foreclosure cases, Bank of America is threatening to throw a West Hartford family out of their home even though the couple never missed a mortgage payment.

The largest bank in the United States earlier this month notified Shock Baitch and his wife Lisa (Friedman) Baitch that foreclosure action will start today – Christmas eve – unless the couple agrees to put their home up for a forced sale. As of Thursday night Bank Of America has not backed down from its foreclosure threat.

Why?

Because another unit of Bank of America erroneously reported to credit agencies that the family was seeking a loan modification, ruining their credit rating and as the result putting their mortgage into default.

All this is happening even though the bank – after admitting it erred and sent a letter of apology in September – handed this case to a special unit at Bank of America that is charged with dealing with severe customer issues. It promised  to notify the credit reporting agencies that the couple were not deadbeats, but were good credit risks.

“I have never seen a case like this,” said Manchester attorney Wendell Davis, whose office handles many foreclosures.

In one of the more bizarre foreclosure cases, Bank of America is threatening to throw a West Hartford family out of their home even though the couple never missed a mortgage payment.

The largest bank in the United States earlier this month notified Shock Baitch and his wife Lisa (Friedman) Baitch that foreclosure action will start today – Christmas eve – unless the couple agrees to put their home up for a forced sale. As of Thursday night Bank Of America has not backed down from its foreclosure threat.

Why?

Because another unit of Bank of America erroneously reported to credit agencies that the family was seeking a loan modification, ruining their credit rating and as the result putting their mortgage into default.

All this is happening even though the bank – after admitting it erred and sent a letter of apology in September – handed this case to a special unit at Bank of America that is charged with dealing with severe customer issues. It promised  to notify the credit reporting agencies that the couple were not deadbeats, but were good credit risks.

“I have never seen a case like this,” said Manchester attorney Wendell Davis, whose office handles many foreclosures.

Read more here

Share

Rell Says New Foreclosure Mediation Law Helps

Governor M. Jodi Rell said this afternoon that the state’s foreclosure mediation program continues to help thousands of Connecticut residents avoid the loss of their homes.

During the recent session, Governor Rell worked with Senator Bob Duff and Rep. Ryan P. Barry, both Democrats, and developed legislation making mediation a mandatory part of all real estate foreclosures in Connecticut. Read more about foreclosure mediation

Do you own a law firm? Would you like to utilize our mortgage auditing services for foreclosure defense cases? Contact MFI-Miami now.

Share