Feds Hand $171 Million Back To Banks

Alan Zibel, Wall Street Journal

The U.S. government is handing back $171 million it had withheld from Bank of America Corp. and J.P. Morgan Chase & Co. after concluding that the lenders fixed problems in how they managed an Obama administration foreclosure-prevention program.

The Treasury had suspended incentive payments owed to the two big banks under the federal Home Affordable Modification Program, or HAMP. It had been withholding that money since June, after the government found deficiencies in how the banks evaluated homeowners seeking help and communicated with them.

Wells Fargo & Co. also had its payments withheld, but those payments resumed after it got a clean bill of health last September. The agreement to resume payments to the two large lenders was part of a broad agreement settling allegations of foreclosure abuses that state and federal officials reached with mortgage lenders last month.

Payments should be made to the two banks in the weeks after the foreclosure settlement is filed in court, which is expected to be imminent. J.P Morgan had $89.1 million in incentive payments withheld through February, while Bank of America had $81.8 million in incentive money withheld.

“By shining the spotlight on key practices, we have prompted servicers to improve their implementation” of the loan-assistance program, said Tim Massad, an assistant Treasury secretary. “However, there is still more work to be done to ensure that the industry treats all borrowers properly.”

Dan Frahm, a Bank of America spokesman, said the bank “has consistently demonstrated improvement across key performance categories, is performing at or better than our peers.”

A Chase spokesman said the bank worked hard to improve servicing, adding: “We’re continuing to make demonstrable progress across mortgage banking and won’t be satisfied until we get the highest rating from the HAMP audit.”

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Martha’s Got Her Rifle Loaded, Goes Hunting For Fannie and Freddie

Coakley Threatens Blood Thirsty Pursuit If They Don’t Give Homeowners Principal Write Downs

State House News Service via The Boston Herald

Martha CoakleyThe ink is not yet dry on a $25 billion national foreclosure settlement with five major banks, but Attorney General Martha Coakley has already trained her sights on two more targets.

Coakley, on Friday, told the News Service that unless Fannie Mae and Freddie Mac agree to begin modifying loans for borrowers victimized by fraud, an untold number of Massachusetts homeowners could be left without any relief.

“People are recognizing that we’d love to get the same relief we were able to accomplish through the 50-state settlement for these homeowners caught in the middle because Fannie and Freddie are not willing to entertain loan modifications or principal write downs,” Coakley said.

Massachusetts on Thursday became one of 49 states to sign on to the national settlement with the country’s five largest lenders netting roughly $318 million in relief for Bay State homeowners through loan modifications for borrowers at risk of default or “under water” because they owe more than their home is worth.

Coakley also retained the right as part of the settlement to pursue additional Massachusetts specific claims against the banks as part of lawsuit she filed in December that could bring additional relief.

Those homeowners that borrowed through Fannie Mae and Freddie Mac, however, are not covered under the settlement. Coakley said it’s unclear how many loans backed by Fannie and Freddie are active in Massachusetts, but nearly 60 percent of mortgages nationwide are held by the two agencies, and 45,000 Massachusetts owners have faced foreclosure since 2008.

Many more borrowers, according to Coakley, could be ineligible for relief under the new settlement if their mortgages are serviced by one of the five banks, but owned by Fannie or Freddie.

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Meow! Meow! The Watchdogs That Didn’t Bark

Four years after the banking system nearly collapsed from reckless mortgage lending, federal prosecutors have stayed on the sidelines

Scot Paltrow, Reuters

NoJail For Banksters

No jail time for Wall Street crimes

The federal government, as has been widely noted, has pressed few criminal cases against major lenders or senior executives for the events that led to the meltdown of 2007. Finding hard evidence has proved difficult, the Justice Department has said.

The government also hasn’t brought any prosecutions for dubious foreclosure practices deployed since 2007 by big banks and other mortgage-servicing companies.

But this part of the financial system, a Reuters examination shows, is filled with potential leads.

Foreclosure-related case files in just one New York federal bankruptcy court, for example, hold at least a dozen mortgage documents known as promissory notes bearing evidence of recently forged signatures and illegal alterations, according to a judge’s rulings and records reviewed by Reuters. Similarly altered notes have appeared in courts around the country.

Banks in the past two years have foreclosed on the houses of thousands of active-duty U.S. soldiers who are legally eligible to have foreclosures halted. Refusing to grant foreclosure stays is a misdemeanor under federal law.

The U.S. Treasury confirmed in November that it is conducting a civil investigation of 4,500 such foreclosures. Attorneys representing service members estimate banks have foreclosed on up to 30,000 military personnel in potential violation of the law.

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Fed Report Says Something Everyone Already Knows About Housing

Fed Says Foreclosure Not Best Solution For Housing Crisis

Jillian Berman, Huffington Post

Federal Reserve Chairman Ben Bernanke

Federal Reserve Chairman Ben Bernanke

More than four years into the housing crisis, and after millions of Americans have lost their homes, Federal Reserve Chairman Ben Bernanke is finally taking a stand.

Bernanke sent a Federal Reserve paper to the leaders of the House of Representatives’ Committee on Financial Services arguing that relying heavily on foreclosures to deal with mortgage borrowers that can’t meet their obligations is “costly and inefficient” for the housing market because they can lead to deteriorating homes and weigh on the property values in the surrounding community.

Instead, the paper encourages lenders to “aggressively” pursue loan modifications and for servicers to be given more incentives to seek alternatives to foreclosure.

Foreclosures “can result in ‘deadweight losses,’ or costs that do not benefit anyone, including the neglect and deterioration of properties that often sit vacant for months (or even years) and the associated negative effects on neighborhoods,” the paper said. “These deadweight losses compound the losses that households and creditors already bear and can result in further downward pressure on house prices.”

The Obama administration has already pursued policies aimed at encouraging lenders to modify loans, although to very limited success. The Home Affordable Modification Program, which Obama announced in February 2009, had helped fewer than 700,000 homeowners as of October, despite promises that the program would encourage banks to modify the loans of 3 to 4 million homeowners.

The paper mirrors findings from regional Fed banks indicating that foreclosures can be detrimental to more Americans than just those who are losing their homes. Properties that are occupied, but in foreclosure, drive down the surrounding property values twice as much as vacant properties, an October study from the Cleveland Federal Reserve found.

And with millions of foreclosed properties already in the pipeline, the foreclosure process is already taking longer than in recent memory — a situation that may only be exacerbated if lenders don’t take the Fed’s advice. The average foreclosure process now takes 674 days, almost triple the time necessary in 2007.

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