Wells Fargo Illegally Pushed Homeowners Into Sub-Prime Loans & Falsified Docs

Shahien Nasiripour, Huffington Post

Perhaps more than 10,000 Wells Fargo borrowers were inappropriately steered into more expensive subprime mortgages or had their loan documents falsified by bank personnel, the Federal Reserve said Wednesday.

The bank, the largest U.S. mortgage lender, agreed to pay $85 million to settle civil charges. On Tuesday, the company announced that it turned a $3.9 billion profit last quarter. It’s made $7.7 billion in profit thus far this year.

The fine is the largest the Fed has ever imposed in a consumer case, the central bank said. It’s also the first formal enforcement action taken by a federal bank regulator against allegations that banks steered borrowers into high-cost, subprime loans, it added.

Wells Fargo did not admit wrongdoing.

“The alleged actions committed by a relatively small group of team members are not what we stand for at Wells Fargo,” John Stumpf, the bank’s chief executive and chairman, said in a statement. The bank has already voluntarily compensated 600 customers, the statement said.

The fraudulent activity took place over four years from early 2004 to the autumn of 2008, according to the Fed. The bank must compensate borrowers for losses, some of whom could receive more than $20,000. At least 3,700 borrowers will be compensated, the Fed estimated. Wells Fargo has to review a subset of borrowers who took out subprime loans to determine whether they were illegally steered into more expensive mortgages.

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Owners walk from homes, values erode

Greta Guest, Detroit Free Press

With more than 500,000 households in Michigan owing more on their mortgages than the homes are worth, thousands of Michigan residents are choosing to abandon their homes and walk away, even if they can afford to continue making payments.

The number of people who have engaged in such strategic defaults more than tripled between 2005 and 2008 — from 5,100 to 17,250, according to a report by Experian-Oliver Wyman, a credit reporting and consulting firm.

Mark Zandi, chief economist for Moody’s Economy.com, said he expects the problem to get worse this year and next. “As people struggle to make ends meet, they will say this just doesn’t make sense” about continuing to make payments, he said.

The trend is being fueled by the large number of underwater mortgages — those where the bank is owed more than what a sale might net a homeowner. Michigan is fourth in the nation in underwater mortgages, with 38.5% of homes — or 532,774 — underwater.

Those who walk away often do so after failing to negotiate a loan modification or a short sale. Sometimes they need to move out of state for a better-paying job, but they can’t sell their house.

“The good, straight people of the world will feel, ‘How can I walk away?’ ” said Southfield real estate attorney John E. Jacobs. But with an economy still struggling, he and other experts said, the stigma of defaulting on a mortgage even if one can still pay is disappearing.

“When things are that bad, your moral compass, and the obligation to make payments that most people feel, has to give,” Jacobs said.

Walking Away

Sondra Malone, 35, bought a house in Eastpointe in 2005 with an adjustable-rate mortgage. The $1,200-a-month payment on the house, along with high heating bills, an expensive SUV payment and other family expenses, quickly buried her in debt.

At the same time, the bottom was falling out of the housing market with record foreclosures dragging down home values. Malone was soon underwater on her mortgage. She owed $116,000 on a house she listed for $99,000 in 2007.

After trying to work out a lower payment with her bank, and trying to sell her house, Malone rented a condo in Sterling Heights and walked away from her house in 2007.

“I didn’t know what else to do,” said Malone, a social worker. “I’m embarrassed.”

Malone said she has been through too much to worry about the lender coming after her. Soon after walking away, she had to deal with major health issues. And she lost her mother last year.

“They’d better go after a whole lot of other people,” said Malone, adding that the foreclosure is now on her credit report. “When you have 10,000 or 20,000, what’s one?”

Read more here: http://www.freep.com/apps/pbcs.dll/article?AID=/20100307/BUSINESS04/3070529/1318/A-flood-of-underwater-homeowners-walk-away&template=fullarticle

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The Year in Foreclosures

New York times Editorial

Last week offered some sobering news on the housing market: Even with broad government support for housing, data from the National Association of Realtors showed that the median price of single-family homes continued to decline in 2009. RealtyTrac, an online marketer of foreclosed properties, said foreclosure filings rose by 15 percent in January compared with a year ago.

Foreclosure is generally a long process, with multiple filings as delinquent borrowers fall ever further behind. What is most ominous about the latest RealtyTrac numbers is that nearly 88,000 people had their homes repossessed in January, a 31 percent increase from a year ago. The big jump indicates that many foreclosures that were in process in 2009 are now beginning to move to repossession and, eventually, auction. With more than four million homes in that pipeline, the foreclosure crisis shows no sign of abating.

Worse, as The Times’s Peter Goodman recently reported, the Obama administration’s antiforeclosure plan (which pays cash incentives to mortgage companies that lower monthly payments for troubled borrowers) may be doing more harm than good for some borrowers.

Read more here: http://www.nytimes.com/2010/02/15/opinion/15mon2.html

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Swindler is convicted of 22 felony counts

Honolulu Star-Bulletin

A Nevada businessman was convicted Wednesday of 22 felony counts, for swindling banks and two struggling homeowners on Oahu out of their homes and loan proceeds.

A federal jury convicted John Gilbert Mendoza, 58, on one count of conspiracy, 10 counts of mail and wire fraud, two counts of loan fraud, six counts of money laundering and three counts of failure to file a tax return, the U.S. Attorney’s Office announced this week.

Five others have pleaded guilty in connection with the scheme and are awaiting sentencing.

U.S. Attorney Florence Nakakuni said the evidence showed Mendoza, president of a Nevada corporation with bank accounts in Hawaii, had befriended Hawaii homeowners facing foreclosure. He told them he had a plan to stop foreclosure proceedings that…

Read more here: http://www.starbulletin.com/news/20100213_swindler_is_convicted_of_22_felony_counts.html?page=1&c=y

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