Mortgage Settlement Monitor Wants To Hear Your Gripes

But Don’t Expect Any Help

Ben Hallman, Huffington Post

Have a complaint about the bank managing your home loan? Joseph Smith, the former North Carolina banking commissioner charged with enforcing the national mortgage settlement, would like to hear it.

On Thursday, Smith announced the launch of an online tool for attorneys and other advocates to report their clients’ mortgage servicing complaints. There is also a tool for homeowners to lodge a complaint directly.

“This allows me, as monitor, to hear complaints and learn more about advocates’ impressions of how the settlement is working,” he said. “Although I’ll extensively review reports and monitoring from the banks and my own team of auditors, it is still critical for me to receive information from the heart of each community this settlement serves.”

While filing a grievance may help the settlement’s top enforcer keep an eye on the banks — Bank of America, Wells Fargo, Citigroup, JPMorgan Chase and Ally Financial — Smith does not have the power to investigate individual complaints or help homeowners. This speaks to the limitations of the mortgage settlement, which expires in three years and was never intended to give individual homeowners an opportunity to have their appeals for help directly heard.

Under the settlement, banks pledged to overhaul how they manage troubled loans. That includes eliminating “dual-tracking,” the practice of banks pursuing foreclosure proceedings against homeowners who are at the same time seeking a trial loan modification. Financial institutions must also establish a single point of contact for troubled borrowers — a response to widespread complaints from homeowners that when they called for help, they never could speak to the same person twice.

Homeowners’ biggest complaint over the past few years is the lack of response from banks and the government to their claims about wrongful fees, misapplied payments and botched foreclosures.

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Deutsche Bank Agrees To Pay $202 Million For Reckless Mortgage Lending

Mortgage IT Division Sold Faulty Loans To FHA

Grant McCool, Reuters via Huffington Post

A Deutsche Bank AG mortgage unit has agreed to pay $202.3 million to settle one of the biggest U.S. government civil fraud lawsuits over reckless mortgage lending practices.

The bank’s MortgageIT unit admitted it had lied to the U.S. Department of Housing and Urban Development (HUD) that loans it issued were eligible for federal mortgage insurance when they were not, the U.S. attorney’s office in Manhattan said on Thursday. It said MortgageIT “repeatedly submitted certifications that were knowingly or recklessly false.”

Deutsche Bank and MortgageIT did not conform to federal regulations and as a consequence, HUD incurred losses when about a third of the loans defaulted, Manhattan U.S. Attorney Preet Bharara said. He said the damages to be paid by the bank would help compensate HUD.

The case is one of several civil fraud lawsuits that are part of a crackdown by the Department of Justice against lenders it believes contributed to the housing crisis by originating risky home loans that should not have been made, insured or sold.

Bharara said that between 1999 and 2009, Deutsche Bank and MortgageIT treated the federal insurance, obtained through the Federal Housing Administration (FHA), “as free government money to backstop lending practices that did not follow the rules.”

The rules include a quality control program under which the lender is required to review loans that default within the first six payments and report them. By the end of 2007, MortgageIT was not reviewing those loans. The FHA paid more than $92 million in FHA insurance claims in the 10-year period for loans that defaulted within the first six payments.

The $202.3 million resolves damages and penalties under the False Claims Act, which since 1863 has protected the federal government from fraudulent bills. The settlement was approved Thursday by a federal judge, according to documents filed in U.S. District Court in New York.

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House GOP Guts Funding For Mortgage Fraud Task Force

George Zornick, The Nation

With the financial sector sure to summon massive amounts of money and resources to battle any criminal or civil prosecutions over its role in the 2008 crisis, a key is how much resources authorities will have at their disposal to battle back.

When New York attorney general Eric Schneiderman appeared before the Congressional Progressive Caucus in late April, he asked the members to help him obtain funding for the Residential Mortgage-Backed Securities working group, which he co-chairs. “If you want to help me badger everybody, that’s good,” he said. “I’m a good badger by myself but I know there are some experts in this room.”

Yesterday, Representative Maxine Waters, a member of the caucus, made the first attempt to get the RMBS group funding—and it didn’t work.

She offered an amendment to a large appropriations bill, created by Republicans, that would fund, in part, the Department of Justice. The bill provided only a fraction of the $55 million the DoJ asked for in its budget request for “investigating and prosecuting financial and mortgage fraud.” Waters proposed re-appropriating some money in the bill from the NASA program to fully fund the $55 million request.

“Considering the retirement of the space shuttle program and a shift in NASA’s priorities, I believe we should use the funds in these accounts to help bring justice to defrauded investors, homeowners, and consumers,” she said on the House floor.

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Occupy LA protesters descend on Pasadena home of BofA executive

Lauren Gold, Pasadena Star-News

About 100 Occupy protesters seeking to reverse an eviction gathered Tuesday outside the Pasadena house of a Bank of America executive in the San Rafael neighborhood.

The protest began at 4 p.m. at the house of bank executive Raul Anaya, and specifically focused on the plight of homeowner Dirma Rodriguez.

“Every crook in history has victimized her and it’s shocking,” said Lydia Breen, 64, of Altadena, a Hurricane Katrina evacuee who relocated to Southern California.

No one was arrested during Tuesday’s protest, which was one of many across the nation surrounding the annual Bank of America Shareholder’s meeting today in Charlotte, North Carolina. No Pasadena police personnel were present at the scene.

Rodriguez’s home was foreclosed after she allegedly fell behind on loan payments on a second for her house in the West Adams district of Los Angeles.

Rodriguez was evicted March 26, but allowed back into her home that night after Occupy protesters rallied in her support, said Occupy member Cheryl Aichele.

Rodriguez, a widow, said the process has been difficult, full of frustration and tears.

“I want my home legally returned to me and I want fair payments and an end to this horrific situation that me and my family have had to go through,” Rodriguez said in Spanish translated by Occupy member Julie Levine. “I felt terrible, I couldn’t sleep worrying that I was going to lose my home and what would happen to my daughter.”

Rodriguez’s 27-year-old daughter, Ingrid Ortiz, has toxoplasmosis cerebral palsy. Rodriguez said she was granted a loan modification and began making payments but then the bank sent her checks back and sold her home at a foreclosure auction in September.

Levine said Rodriguez was following the bank’s instructions to make loan payments into a special account when they “sold the house out from under her.”

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