Big Banks Explain Why They Won’t Give You A HAMP Modification

Arthur Delaney, Huffington Post

Lawyers for homeowners who have been denied mortgage modifications under the Obama administration’s Home Affordable Modification Program make a straightforward argument when they sue banks.

As a class-action complaint in Massachusetts puts it, “when a large financial institution promises to modify an eligible loan to prevent foreclosure, homeowners who live up to their end of the bargain expect that promise to be kept. This is especially true when the financial institution is acting under the aegis of a federal program specifically targeted at preventing foreclosure.”

Under HAMP, a program funded with $50 billion from the Wall Street bailout, eligible homeowners at risk of falling behind on their mortgages can ask their mortgage servicers for a modification that reduces monthly payments to 31 percent of their monthly income. If they make their monthly payments during a “Trial Period Plan” that’s supposed to last for three or four months, then the modification is supposed to be made “permanent” for five years. Most trial periods drag on for longer than three months, however, and more homeowners have been bounced from the program than have been granted permanent mods.

The banks’ broadest legal counterargument against unhappy HAMPers’ lawsuits has been that homeowners can’t sue to enforce the Servicer Participation Agreements between mortgage servicers and the Treasury Department, which administers HAMP. It’s an argument to which judges have been receptive. But servicers are now also responding to legal arguments that they’ve acted in bad faith. When homeowners argue that they should be granted permanent modifications because they’ve successfully made their trial payments, banks say homeowners actually don’t know what they’re talking about.

In motions to dismiss suits seeking class-action status in Massachusetts and Arizona, for instance, JPMorgan Chase and Bank of America first point out that the Treasury Department has made a lot of changes to HAMP, which Bank of America calls “a constantly evolving new federal program” with near-monthly supplemental directives from the government.

The most important change to the program has been the Treasury Department’s late-January requirement that as of June 2010, borrowers would be required to provide documentation before being put in a trial plan. Before June, servicers could put borrowers into trial plans with a mere phone conversation.

“Although reliance on the applicant’s initial, verbal representations allowed servicers to
expedite the [Trial Period Plan] process, it also resulted in some borrowers, who were originally extended TPPs, being ultimately found ineligible for permanent modifications, once their information was later verified,” Chase argued in July.

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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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You and Your Wife Serve Your Country So BofA Can Take Your House

“They (Banks) had begun to consider the Government of the United States as a mere appendage to their own affairs. We know now that Government by organized money is just as dangerous as Government by organized mob.” – FDR, 1936

Richard Zombeck, Shame The Banks

The more stories we get from homeowners atshamethebanks.org and the more people I talk to about how they’ re losing their homes, the more I start to believe that banks and servicers are spending more time figuring out how to take homes than they are on how to save them. In the past few days alone I’ve heard stories from people who have recounted instances where they have been blatantly mistreated and swindled by banks.

At the rate that banks and mortgage servicers are foreclosing on homeowners it’ s been difficult lately to not buy into some of the speculative theories, no matter how conspiratorial they might sound. The theories range from land grabs, covering up a massive Ponzi scheme or massive fraud, and systematically eradicating the middle class. It’ s hard not to buy into these when you spend most of your free time talking to homeowners or reading their stories.

Last week Treasury announced that all the reports and statistics they’ ve been publishing over the last year was based on bogus information they’ d received from Fannie Mae. This week Country Wide, now owned by Bank of America shelled out $600,000 million to settle a class-action case for hiding how risky its business had become during the housing market’s boom years. The week before that Citigroup was fined $75 million to settle civil charges that it misled investors about its potential losses from subprime mortgages, regardless of what Mark Rodgers, Director of Public Affairs has to say about their transparency. Mother Jones did an entire investigative piece on the illegal and rampant fraud happening with foreclosures, and The Huffington Post’ s Shahien Nasiripour and Arthur Delaney did an entire dissection and analysis of the administration’ s failed HAMP program, in which officials allude to the plan being more of a means for “orderly liquidation” as opposed to actaully saving homes. What more could we possibly need to make it more obvious that homeowners are being raked over the coals and under complete and total financial assault?

It’ s one thing for a bank or servicer to foreclose on a property because the homeowner bought beyond their means, lost their job, can no longer afford the mortgage, or is simply refusing to pay after realizing they’ ve been swindled and will never get a return on their investment. It’ s entirely another thing to actually invest the time and effort into forcing someone into default and foreclosure.

Janice, a homeowner in Massachusetts showed me one of her statements from Bank of America. There’ s a charge on it for flood insurance. She doesn’ t carry flood insurance, has never carried flood insurance, doesn’ t need flood insurance, and her insurance company never wrote anything up for flood insurance. Bank of America however charged her $865 out of her escrow account for the insurance that they claim to have paid to an insurance company that exclusively covers veterans. Neither Janice, nor her husband are veterans and the insurance company has no record of them, their home, or their Social Security numbers. So where’ s the $865 going? And how many people are getting this same charge?

As for veterans, it doesn’ t seem that Bank of America knows or cares that President Bush signed the Service Members Civil Relief act specifically to protect the military from these attacks. In the case of Kent Walker from North Carolina, who served in the military for 20 years and whose wife is currently on active duty, writes, “don’ t I qualify for any option plan after I paid the 31% of my income into your HAMP program for over 7 months,” referring to the length of time Bank of America strung him along before denying him a permanent modification under HAMP.

The HAMP program, sometimes referred to as “extend and pretend”, has done little more than give mortgage servicers an incentive and in some people’ s eyes the encouragement by Treasury to suck what little money homeowners have left before throwing them out of their homes. According to a July 21 report by the Office of the Special Inspector General for the Troubled Asset Relief, as of June Treasury has disbursed just $247 million for successful modifications. On the other hand, the banks and servicers have made an estimated $4 billion by offering struggling homeowners the false hope of a modification, collecting the trial payments for three to eight months, and inevitably foreclosing with the addition of late fees, fines, back payments, and foreclosure costs passed on to the homeowner. If you consider Steve Dibert’ s article on the possible insolvency of Bank of America the speculative theories begin to gnaw at your psyche.

The trial period according to Treasury guidelines is supposed to be three months. After that, if the homeowner has made all three payments on time (Kent Walker made seven) the modification is made permanent. Instead, last month, Bank of America decided to foreclose on the former serviceman and his family. So, for now, Walker, his wife, and their two girls, four and eight-years-old, are waiting. “We’re just waiting for the Sheriff to show up”, Walker said in a phone conversation. Bank of America will sell the house (maybe) and probably end up making less than they would, had they kept Walker in the house with lower monthly payments. Strange way to thank the troops for protecting the Bank’ s right to screw people.

This blatant abuse of an otherwise well-meaning program is happening at alarming rates. RealtyTrac Inc., a foreclosure listing service, is predicting more than a million foreclosures for this year. Mortgage servicers and banks continue to plunder what they can from people in an attempt to extract more money with no intention of ever offering any help. Walker’ s story is unfortunately not uncommon, but that Bank of America would take advantage of a family who have dedicated the better part of their lives to defending a country that would allow this is criminal.

As Walker himself said in his story, “So if I understand what you’ re saying is that the same bank that our taxpayer dollars bailed out because it was too big to fail, is the same bank that’ s willing to kick me and my family out of our home? Well guess what, my family is too big to fail too! Who will make me whole again and return my credit score back to its original state? How many homeowners and veterans are in a worse situation than I’ m in and how are they being treated? Who holds BofA accountable for their mistakes?”

You can read Kent Walker’ s story along with others and leave your own atwww.shamethebanks.org .

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Average Homeowner In Obama Foreclosure Program Underwater, GOP Calls To Cut Off Help

Shahien Nasiripour, Huffington Post

The average beneficiary of the Obama administration’s flagship homeowner-assistance program owes their mortgage lender more than $1.50 for every dollar their home is worth, which means they fall into the stratum of homeowners most likely to simply walk away from their mortgages, recent government data show.

This little-noticed statistic was disclosed in a June 24 report by the Government Accountability Office. Citing government data collected through mid-April, the report found that even homeowners who receive lower monthly payments through the administration’s Home Affordable Modification Program are still struggling “under water,” meaning they owe more on their mortgages than their homes are worth.

A recent study by Federal Reserve economists shows that underwater homeowners are, not surprisingly, much more likely to default on their mortgages. Moreover, borrowers who are deeply underwater — like those in HAMP, who average negative 50 percent home equity — are far more likely to default willingly; that is, to give up on trying to overcome their growing mountains of debt, and just stop paying at all.

This revelation underscores the problems with the path taken by the Treasury Department to help homeowners, who merited federal attention only after the government gifted Wall Street banks with hundreds of billions of taxpayer dollars to survive a financial meltdown largely of their own making. Rather than designing a program exclusively focused on homeowners, the administration chose to set up an initiative that seeks to balance the needs of homeowners with the interests of lenders and investors.

Thus, while the average homeowner in the program is saving more than $500 a month, 28 percent more homeowners have been bounced from the program than have been helped. Homeowners that receive permanent reductions in their monthly mortgage payments end up deeper underwater than they were before they were “helped.” Meanwhile, lenders and investors continue to foreclose on properties at a record pace.

On Tuesday two top Republicans released a Thursday letter to Treasury Secretary Timothy Geithner calling for the administration to “immediately” end HAMP.

“It defies common sense that taxpayer money is being used to pay banks to modify loans that are likely to default anyway,” said Rep. Darrell Issa (Calif.), the ranking Republican on the House Committee on Oversight and Government Reform. “In cases where loan changes could keep borrowers out of foreclosure, banks have a clear incentive to make changes without a need for public funds.”

Read more here: http://www.huffingtonpost.com/2010/07/06/hamp-foreclosure-underwater_n_636683.html

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