Foreclosure Problems Could Be ‘Very Damaging’ To Housing Market, FDIC Chief Says

(Reuters) – Litigation arising from foreclosure paperwork problems could be “very damaging” to the housing market, a top U.S. banking regulator said on Monday.

Federal Deposit Insurance Corp Chairman Sheila Bair said she did not believe legislation would be needed to address concerns over whether the paperwork was properly done so long as investigations show the issue was mostly “procedural.”

State and federal officials are investigating allegations that for years banks have not reviewed foreclosure documents properly or have submitted false statements to evict delinquent borrowers.

“I fear that the litigation generated by this issue could ultimately be very damaging to our housing markets if it ends up unduly prolonging those foreclosures that are necessary and justified,” Bair told a housing conference in Arlington, Virginia.

“The regrettable truth is that many of the properties currently in the foreclosure process are either vacant or occupied by borrowers who simply cannot make even a significantly reduced payment and have been in arrears for an extended time.”

Bair argued it is important to move foreclosures quickly because until they have been cleared out of the system, the housing market will continue to struggle.

She said the volume of foreclosures requires a “global solution” that involves all interested parties.

Those parties often include servicers, borrowers, lenders, second-lien holders and investors in securities backed by troubled mortgages. Foreclosures and modifications can be held up when the interested parties do not reach agreement on how to handle a delinquent mortgage.

Bair said one part of a global solution could be extending legal protection, providing a “safe harbor,” to foreclosure proceedings if the property is vacant or if the servicer offered a meaningful payment reduction, such as 25 percent, and the borrowers could still not perform on the loan.

Read more here: http://www.huffingtonpost.com/2010/10/25/foreclosure-problems-coul_n_773724.html

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Increasing numbers of Californians are suing lenders to avoid foreclosures

Tracey Kaplan and Maria J. Ávila López, Mercury News

Two weeks before their Sunnyvale home was to be auctioned off on the courthouse steps, Sonia Leverman and her sons seized on a desperate David-vs.-Goliath strategy: They sued their lender.

Everything else the Levermans tried had already failed. By turning to the courts, they joined a fast-growing number of fearful and frustrated California home- owners who hope litigation will allow them to hold onto the American dream — maybe at a lower monthly mortgage cost, maybe just for a while longer until the inevitable foreclosure.

In the last five years, the number of foreclosure lawsuits filed in federal court in California has ballooned — like an exploding adjustable-rate mortgage — from only 29 statewide in 2005 to nearly 1,400 last year.

Many such lawsuits also are filed in state courts, which don’t track the numbers or the outcomes.

Read more here: http://www.mercurynews.com/crime-courts/ci_14500350?source=rss&nclick_check=1

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