Lawsuits Reflect Widespread Frustration With Government’s Mortgage Modification Program

Arthur Delaney, Huffinghton Post

A federal judicial panel recently consolidated class-action lawsuits from across the country alleging that Bank of America treated homeowners with bad faith when they applied for mortgage modifications under the Obama administration’s Home Affordable Modification Program.

“What this demonstrates is that homeowners across this country have grown frustrated with Bank of America’s inability to comply with regulations put out by HAMP,” Ira Rheingold, director of the National Association of Consumer Advocates, told HuffPost.

Under HAMP, the Treasury Department gives mortgage servicers $1,000 incentive payments to reduce borrowers’ monthly payments, mostly by cutting interest rates. If an eligible borrower makes his or her reduced payments for three or four months during a trial period, the modification is supposed to become permanent. Often, trials drag on for much longer.

“Rather than allocating adequate resources and working diligently to reduce the number of loans in danger of default by establishing permanent modifications, Bank of America has serially strung out, delayed and otherwise hindered the modification processes that it contractually undertook to facilitate when it accepted billions of dollars from the United States,” says the complaint seeking class action filed in July by Teresa Follmer of Mesa, Ariz.

Follmer’s suit is one of eight putative class actions that will be consolidated as one case in federal court in Massachusetts. Bank of America supports the consolidation, according to ProPublica, which first reported the consolidation.

Read more here: http://www.huffingtonpost.com/2010/10/19/lawsuits-reflect-widespre_n_768368.html

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BofA seeks to pin losses on title insurer

The banking giant sues First American Corp., alleging that it failed to do proper title searches. That led to $500 million in mortgage losses, the suit says.

Nathan Olivarez-Giles and Alejandro Lazo, LA Times

During the subprime loan era, it’s well documented that lenders took all kinds of shortcuts — such as failing to verify borrowers’ employment or income — to sell mortgages.

Now Bank of America Corp., the nation’s biggest mortgage lender, is saying the nation’s second-largest title insurer did much the same thing and should be on the hook for more than $500 million in losses.

In a lawsuit filed earlier this month, BofA alleged that First American Corp. in Santa Ana relied on home buyers to tell them about liens on their properties and other matters, rather than conducting traditional title searches.

The shortcut was part of a program called QuickClose that BofA said in its suit did not require “title searches in connection with loans processed under the program.”

The bank said in the suit that the insurer has not made good on more than 5,000 mortgages it was supposed to protect.

First American spokeswoman Carrie Gaska issued a statement Thursday saying the insurer regrets that its “valuable customer” has filed suit. “However, we are hopeful that we will be able to resolve this matter outside of court with continued discussions.”

Bank of America declined to comment.

The suit, filed in North Carolina, where BofA is based, comes shortly after the bank sued MGIC Investment Corp., the nation’s largest mortgage insurer, for allegedly denying millions of dollars in claims.

The bank’s efforts to curb its losses in the mortgage fallout are indicative of what’s going on in the industry, said banking analyst Bert Ely.

“Every time you have a disaster everybody sues everybody else, and mortgage financing was a disaster,” he said. “You have lots of losses floating around, and companies are looking to others to eat their losses.”

Read more here: http://www.latimes.com/business/la-fi-bank-lawsuits19-2010mar19,0,6005273.story

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Todd Rundgren Sues WaMu/Chase Claiming Mortgage Fraud

By Curtis Lum
Honolulu Advertiser Staff Writer

A singer who gained popularity in the late 1960s with the song “Hello It’s Me” has filed a lawsuit here against a Washington-based bank, asking a judge to stop the financial institution from foreclosing on his Kaua’i home.

Todd Rundgren filed the complaint Wednesday in state Circuit Court and alleged that representatives from Washington Mutual misled him and his wife, Michele, when the couple refinanced a loan on their property in Kilauea. The lawsuit, filed by attorney Gary Dubin, lists as defendants Washington Mutual Bank and JP Morgan Chase, which acquired WaMu in September 2008.

The Rundgrens are asking for a temporary restraining order to halt foreclosure actions, as well as an undetermined amount in damages and attorneys fees.

http://www.honoluluadvertiser.com/article/20090828/NEWS01/908280353/Singer+sues+bank+in+foreclosure

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