Michigan Senator wants to extend foreclosure prevention program

Allison Hillaker, NBC25, Flint, MI

The 90-day foreclosure prevention program could expire on July 5th, but one Senator is trying to extend it.

Sen. Mike Green is trying to pass legislation that would extend the foreclosure prevention program by two years.  He says it “encourages cooperation between lenders and homeowners. It helps people remain in their homes while benefiting lenders by getting mortgages current again.”

Sen. Green states that under this program, mortgage lenders have to provide a notice before the foreclosure process begins that provides homeowners with a list of counselors available.  Once a homeowner has the help of a counselor, he/she can then negotiate with the lender, and take steps to avoid foreclosure.

The bill has been referred to the Senate Committee on Banking and Financial Institutions for consideration.

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Waiting Seven Years for Two Answers

Gretchen Morgenson, NY Times

WHEN Zella Mae Green of Georgia filed for bankruptcy to save her home from foreclosure in 2004, she and her lawyer wanted to know two things: Did she actually owe any back payments on her mortgage? And, if so, to whom?

It didn’t seem like a lot to ask. But until last week, those questions had been unanswered for seven years.

Mortgages are complicated to begin with, of course. But when homeowners fall behind on their payments, the situation becomes far more complicated. Recurring fees and charges muddle the accounting. That banks routinely transfer the notes underlying a property can make things cloudier still.

But how Ms. Green’s case became her personal version of Jarndyce and Jarndyce, the endless lawsuit at the center of the Charles Dickens novel “Bleak House,” is a story for our times. The conflicting claims made over the years by employees and representatives ofWells Fargo, which says it holds the note on her property, are enough to make your head spin.

Wells Fargo and Ms. Green didn’t exactly agree on how much she owes on her mortgage. Ms. Green took out a $40,250 mortgage in 1988, never refinanced and figured she is four payments behind. Wells Fargo contended that she owes 113 back payments, totaling more than $48,000.

Ms. Green said she would have given up years ago if it weren’t for her lawyer. She would have forfeited her two-bedroom home in Decatur to one of the three institutions that have claimed — at the same time, mind you — to hold title to it. “It’s been a big mess for a long time,” she said in a recent interview.

Howard Rothbloom, a foreclosure defense lawyer in Marietta, Ga., represents Ms. Green. “The point of this whole case is that inaccurate, incomplete and conflicting information has been provided to Ms. Green over the course of seven years,” he said. “Determining the balance due on her loan should not have to be so difficult.”

THE whole episode makes you wonder, yet again, how many of the millions of foreclosures in recent years might have been based on questionable accounting or improper practices by loan servicers.

Years ago, Ms. Green, a widowed seamstress, ran into trouble on her mortgage several times. In the early to mid-1990s, after she was laid off and had to undergo an expensive emergency medical treatment, she filed for bankruptcy four times to hold on to her house. Georgia is a nonjudicial foreclosure state, and filing for bankruptcy lets borrowers keep their homes and work out a payment program overseen by a judge.

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Calls Mount For Foreclosure Moratorium, Investigations

Arthur Delaney, Huffington Post

Senate Majority Leader Harry Reid (D-Nev.) joined the growing chorus of elected officials demanding a moratorium on foreclosures this week in response to mounting furor over revelations that banks have used bogus affidavits to take people’s homes away.

“I write to request that your mortgage-servicing division suspend foreclosures on Nevada home owners until systems are in place to ensure Nevadans are not being improperly directed into foreclosure proceedings,” said Reid in an Oct. 3 letter to Ally Financial, Bank of America, Wells Fargo, Citigroup, and JPMorgan Chase.

Several of the nation’s largest banks have already halted foreclosures in the 23 states where a court’s approval is required to foreclose. Ally (formerly known as GMAC), Bank of America, and JPMorgan have paused foreclosures after employees admitted in sworn depositions they didn’t verify information in thousands upon thousands of affidavits they signed.

Nevada is not a “judicial foreclosure” state, but, Reid wrote, “suspending foreclosures on Nevadans is also justified because the reports of shoddy and defective affidavit preparation suggest that servicers might not be reviewing a home owner’s loan documents with the requisite care.”

Read more here: http://www.huffingtonpost.com/2010/10/07/calls-mount-for-foreclosu_n_754588.html?ir=Business

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“CHASE is in the foreclosure business, not the modification business,” Says Former Employee

Martin Andelman, ML-Implode

“JPMorgan CHASE is in the foreclosure business, not the modification business’.”  That, according to Jerad Bausch, who until quite recently was an employee of CHASE’s mortgage servicing division working in the foreclosure department in Rancho Bernardo, California.

I was recently introduced to Jerad and he agreed to an interview.  (Christmas came early this year.)  His answers to my questions provided me with a window into how servicers think and operate.  And some of the things he said confirmed my fears about mortgage servicers… their interests and ours are anything but aligned.

Today, Jerad Bausch is 25 years old, but with a wife and two young children, he communicates like someone ten years older.  He had been selling cars for about three and a half years and was just 22 years old when he applied for a job at JPMorgan CHASE.  He ended up working in the mega-bank’s mortgage servicing area… the foreclosure department, to be precise.  He had absolutely no prior experience with mortgages or in real estate, but then… why would that be important?

“The car business is great in terms of bring home a good size paycheck, but to make the money you have to work all the time, 60-70 hours a week.  When our second child arrived, that schedule just wasn’t going to work.  I thought CHASE would be kind of a cushy office job that would offer some stability,” Jerad explained.

That didn’t exactly turn out to be the case.  Eighteen months after CHASE hired Jared, with numerous investors having filed for bankruptcy protection as a result of the housing meltdown, he was laid off.  The “investors” in this case are the entities that own the loans that Chase services.  When an investor files bankruptcy the loan files go to CHASE’S bankruptcy department, presumably to be liquidated by the trustee in order to satisfy the claims of creditors.

The interview process included a “panel” of CHASE executives asking Jared a variety of questions primarily in two areas.  They asked if he was the type of person that could handle working with people that were emotional and in foreclosure, and if his computer skills were up to snuff.  They asked him nothing about real estate or mortgages, or car sales for that matter.

The training program at CHASE turned out to be almost exclusively about the critical importance of documenting the files that he would be pushing through the foreclosure process and ultimately to the REO department, where they would be put back on the market and hopefully sold.  Documenting the files with everything that transpired was the single most important aspect of Jared’s job at CHASE, in fact, it was what his bonus was based on, along with the pace at which the foreclosures he processed were completed.

“A perfect foreclosure was supposed to take 120 days,” Jared explains, “and the closer you came to that benchmark, the better your numbers looked and higher your bonus would be.”

CHASE started Jared at an annual salary of $30,000, but he very quickly became a “Tier One” employee, so he earned a monthly bonus of $1,000 because he documented everything accurately and because he always processed foreclosures at as close to a “perfect” pace as possible.

“Bonuses were based on accurate and complete documentation, and on how quickly you were able to foreclosure on someone,” Jerad says.  “They rate you as Tier One, Two or Three… and if you’re Tier One, which is the top tier, then you’d get a thousand dollars a month bonus.  So, from $30,000 you went to $42,000.  Of course, if your documentation was off, or you took too long to foreclose, you wouldn’t get the bonus.”

Day-to-day, Jerad’s job was primarily to contact paralegals at the law firms used by CHASE to file foreclosures, publish sale dates, and myriad other tasks required to effectuate a foreclosure in a given state.

“It was our responsibility to stay on top of and when necessary push the lawyers to make sure things done in a timely fashion, so that foreclosures would move along in compliance with Fannie’s guidelines,” Jerad explained.  “And we documented what went on with each file so that if the investor came in to audit the files, everything would be accurate in terms of what had transpired and in what time frame.  It was all about being able to show that foreclosures were being processed as efficiently as possible.”

When a homeowner applies for a loan modification, Jerad would receive an email from the modification team telling him to put a file on hold awaiting decision on modification.  This wouldn’t count against his bonus, because Fannie Mae guidelines allow for modifications to be considered, but investors would see what was done as related to the modification, so everything had to be thoroughly documented.

“Seemed like more than 95% of the time, the instruction came back ‘proceed with foreclosure,’ according to Jerad.  “Files would be on hold pending modification, but still accruing fees and interest.  Any time a servicer does anything to a file, they’re charging people for it,” Jerad says.

Read more here: http://mandelman.ml-implode.com/2010/09/inside-chase-and-the-perfect-foreclosure/

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