Foreclosure Problems Could Be ‘Very Damaging’ To Housing Market, FDIC Chief Says

(Reuters) – Litigation arising from foreclosure paperwork problems could be “very damaging” to the housing market, a top U.S. banking regulator said on Monday.

Federal Deposit Insurance Corp Chairman Sheila Bair said she did not believe legislation would be needed to address concerns over whether the paperwork was properly done so long as investigations show the issue was mostly “procedural.”

State and federal officials are investigating allegations that for years banks have not reviewed foreclosure documents properly or have submitted false statements to evict delinquent borrowers.

“I fear that the litigation generated by this issue could ultimately be very damaging to our housing markets if it ends up unduly prolonging those foreclosures that are necessary and justified,” Bair told a housing conference in Arlington, Virginia.

“The regrettable truth is that many of the properties currently in the foreclosure process are either vacant or occupied by borrowers who simply cannot make even a significantly reduced payment and have been in arrears for an extended time.”

Bair argued it is important to move foreclosures quickly because until they have been cleared out of the system, the housing market will continue to struggle.

She said the volume of foreclosures requires a “global solution” that involves all interested parties.

Those parties often include servicers, borrowers, lenders, second-lien holders and investors in securities backed by troubled mortgages. Foreclosures and modifications can be held up when the interested parties do not reach agreement on how to handle a delinquent mortgage.

Bair said one part of a global solution could be extending legal protection, providing a “safe harbor,” to foreclosure proceedings if the property is vacant or if the servicer offered a meaningful payment reduction, such as 25 percent, and the borrowers could still not perform on the loan.

Read more here: http://www.huffingtonpost.com/2010/10/25/foreclosure-problems-coul_n_773724.html

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FDIC Ready To Sue Executives From Failed Banks

William Alden, Huffington Post

The Federal Deposit Insurance Corporation is poised to sue over 50 executives from failed banks, Bloomberg News reports.

The potential lawsuits would help the FDIC recover more than $1 billion it lost during the credit crisis, which has forced the FDIC to take over 294 lenders since 2008. So far the FDIC, which, according to Bloomberg, doesn’t sue unless it believes the defendant is able to pay up, has only filed one lawsuit related to the credit crisis, against IndyMac executives in July.

After sending heads-up letters to potential targets of litigation, the FDIC has bared its claws. “We could walk into court tomorrow and file the lawsuits,” FDIC general counsel Richard Osterman told Bloomberg. During the savings-and-loan crisis of the 1980s, the FDIC sued executives from more than 24 percent of the banks that failed.

Read more here: http://www.huffingtonpost.com/2010/10/08/post_545_n_756059.html

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Sheila Bair, FDIC Chair, Calls For Better Lending Standards

John Milburn, Huffington Post

The head of the Federal Deposit Insurance Corp. said Monday that the U.S. needs better lending standards and greater transparency in the markets to avoid a recurrence of the 2008 financial crisis.

FDIC Chairwoman Sheila Bair, speaking to an audience at the University of Kansas’ Robert J. Dole Institute of Politics, said the U.S. needs to return to the sort of monetary values she learned while working at a Lawrence savings and loan after graduating from the university. She recalled that customers weren’t taking on too much debt, took pride in repaying their loans and saved for a rainy day.

“Those were great days in banking. I hope that when we come out of this crisis we reacquaint ourselves with those values,” Bair said in a question and answer format presentation.

Bair, a native of Independence, Kan., said the financial crisis had its origins in the shadow credit markets that went unregulated despite their risk, preying on vulnerable Americans who quickly became in over their heads. Larger institutions abandoned their traditional lending and investment values, Bair said, hoping to recapture some of the market share they were loosing to the shadow lenders.

Bair said she saw the evidence of such questionable practices in 2001 when lenders in Baltimore made mortgages that led homeowners quickly toward foreclosure. The homes where then snatched up at a low rate, she said, and resold at profit.

Credit was extended to individuals based their home equity, she said, meaning the more the home was worth, the bigger the loan and the more profit for the finance and mortgage firms. The cycle eventually burst, leading to the collapse of the housing market and recession.

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Obama Foreclosure-Prevention Plan Lagging, New Data Shows

Shahien Nasiripour, Huffington Post

Only about a third of the homeowners who have successfully completed the trial period of the Obama administration’s mortgage modification program have been offered permanent relief, according to new federal data obtained by the Huffington Post.

The conversion rate — about 33 percent — is woefully short of what the Treasury Department had forecast. Treasury thought the rate would be “ranging up to 75 percent,” Herbert M. Allison Jr., assistant secretary for financial stability, told the Congressional Oversight Panel in October.

The other two-thirds of homeowners who have gone through the trial program and made the necessary payments remain in limbo. Some of those homeowners — more than 350,000 of them — will ultimately lose out on the kind of relief the administration has repeatedly promised: averting foreclosure through lower monthly payments.

“I remain very concerned about the relatively small number of conversions from trial to permanent modifications for homeowners,” said Richard H. Neiman, New York’s superintendent of banks and a member of the COP, in an email to HuffPost. “Hundreds of thousands of homeowners are left in limbo by [mortgage] servicers and [are] once again at risk of foreclosure.”

Read more here: http://www.huffingtonpost.com/2010/03/09/obama-foreclosure-prevent_n_492376.html

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