Homeowner Beats Bank Of America In Small Claims Court

Arthur Delaney, Huffington Post

A California homeowner sued Bank of America in small claims court and won $7,595 from the bank after it burned him on a mortgage modification.

“It was a good victory for me and I think for homeowners around the country,” Dave Graham told HuffPost.

Graham, who lives in Big Bear City, Calif., applied for a loan modification under the Obama administration’s Home Affordable Modification Program, which is supposed to give eligible borrowers a “permanent” five-year modification if they make reduced payments during a three-month trial period.

Graham said his trial dragged on for 18 months. He said he made every payment until Bank of America told him in May that he didn’t qualify for HAMP, and that he’d lose his home unless he paid about $7,000 to make up the difference between his normal monthly payments and the reduced payments he made during the trial period.

“Each month when I did talk to them I was informed it’s still under review — as long as you keep making this trial payment everything will be fine,” said Graham, 53. “At some point I started receiving notices from my credit cards that they were reducing my credit amount due to recent problems making my mortgage payment on time.”

Bank of America mortgage service specialist Anthony Lopez admitted during a Dec. 15 hearing that the bank continued taking Graham’s payments even after Graham had no chance of getting a modification, according a transcript of the hearing provided by Alan Sims, a forensic real estate specialist who helped Graham make his case.

“People that do take these calls arenʼt letʼs say experienced or certified negotiators. They are collectors,” Lopez said, according to the transcript. “They have minimal training in the modification process.”

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A Marshall Plan For The U.S. Housing Market

“In the end, everyone has got to give a little and that includes investors, banks, homeowners and regulators.  We want to keep as many people in their homes as possible, but there isn’t a free lunch. We want to keep losses manageable for the banks, but enforce principles of contract law as well.” -Barbara Novick, vice chairman at BlackRock Inc, the world’s largest money management firm.

Matthew Goldstein, Reuters

What will it take for the U.S. housing market to shake off the gloom?

Even before some of the nation’s biggest mortgage lenders were forced to suspend foreclosure proceedings because of faulty paperwork, it was becoming clear that the Obama administration’s year-old effort to pump life into the housing market was falling short.

The federal government just reported that 4.2 million homeowners are “seriously delinquent” on their mortgages and some 10.9 million borrowers are underwater, meaning their loans exceed the value of their homes.

To make matter worse, there is the threat of protracted litigation between banks and borrowers because lenders might not have followed the letter of law in processing foreclosure paperwork.

An even bigger source of worry is the $426 billion in so-called second liens — home equity loans, second mortgages and other loans “junior” to the primary mortgage — that sit on the balance sheets of Bank of America, JPMorgan Chase, Wells Fargo and Citigroup.

The nation’s four biggest banks report that less than 4.5 percent of these loans are delinquent, according to Weiss Ratings. But some mortgage finance analysts like Joshua Rosner of Graham Fisher & Co remain skeptical. “Are the second liens properly reserved for? The banks say they are but that’s debatable,” said Rosner.

Add it all up and there’s the potential for the U.S. housing market to languish in a stupor for years to come.

As bleak as all that might sound, there could be a way out — one that doesn’t involve another government bailout.

Reuters found that after talking to nearly two-dozen housing experts, mortgage traders, lawyers, securities experts and others, there is broad agreement about what a solution to the mortgage crisis might look like. They say a fix must allow many borrowers to stay in their homes, compensate disgruntled mortgage investors and allow banks to take write down loans without causing a repeat of the financial crisis of 2008.

“In the end, everyone has got to give a little and that includes investors, banks, homeowners and regulators,” said Barbara Novick, vice chairman at BlackRock Inc, the world’s largest money management firm. “We want to keep as many people in their homes as possible, but there isn’t a free lunch. We want to keep losses manageable for the banks, but enforce principles of contract law as well.”

GRAND COMPROMISE

As always, the devil is in the details. And while everyone may talk about the need for all sides to cooperate, there is still wide disagreement about a solution.

The standoff between banks, borrowers and bond investors benefits few. The only ones who stand to gain from such recalcitrance are the bloggers, pundits and polemicists who throw around catcalls like “banksters” to describe Wall Street bankers and “freeloaders” to describe borrowers who have stopped making mortgage payments.

So a grand compromise would seem to make sense.

BlackRock, for instance, is a proponent of giving federal bankruptcy judges the power to take a holistic approach to a borrower’s debt that doesn’t just focus on a homeowner’s mortgage debt as part of a loan modification. So far, the money manager’s so-called mortgage cramdown proposal has not garnered much support on Capitol Hill.

BlackRock, which manages funds that have invested heavily in mortgage-backed securities, maintains that banks should take bigger writedowns on home equity loans, especially if bond investors must assume any losses from a principal writedown on the underlying mortgage.

Read more here: http://www.huffingtonpost.com/2010/10/29/housing-market-america-marshall-plan_n_776171.html?page=1

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An August Surprise from Obama?

James Pethokoukis, Reuters

Main Street may be about to get its own gigantic bailout. Rumors are running wild from Washington to Wall Street that the Obama administration is about to order government-controlled lenders Fannie Mae and Freddie Mac to forgive a portion of the mortgage debt of millions of Americans who owe more than what their homes are worth. An estimated 15 million U.S. mortgages – one in five – are underwater with negative equity of some $800 billion. Recall that on Christmas Eve 2009, the Treasury Department waived a $400 billion limit on financial assistance to Fannie and Freddie, pledging unlimited help. The actual vehicle for the bailout could be the Bush-era Home Affordable Refinance Program, or HARP, a sister program to Obama’s loan modification effort. HARP was just extended through June 30, 2011.

The move, if it happens, would be a stunning political and economic bombshell less than 100 days before a midterm election in which Democrats are currently expected to suffer massive, if not historic losses. The key date to watch is August 17 when the Treasury Department holds a much-hyped meeting on the future of Fannie and Freddie. A few key points:

Read more here: http://blogs.reuters.com/james-pethokoukis/2010/08/05/an-august-surprise-from-obama/

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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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