May
18

Attention! Attention! | Fannie Mae Now Requires Servicers to Protect the Priority of Mortgage Liens by Clearing ALL Liens for Delinquent Homeowners’ Association Dues

Servicing Guide Announcement SVC-2012-05 Payment of Homeowners’ Association Dues and Condo Assessments Fannie Mae requires servicers to protect the priority of the mortgage lien and to clear all liens for delinquent homeowners’ association (HOA) dues and condo assessments on properties acquired through foreclosure or deed-in-lieu of foreclosure. Servicers must follow the policies outlined herein for … Read more Related posts:
  1. The Association of Mortgage Investors Laments the AG Foreclosure Settlement Filing; It Fails to Adequately Protect Homeowners; Will Likely Negatively Affect Average Americans, Unions, and Seniors
  2. Press Advisory | May 23: CA Attorney General Kamala D. Harris Announces Major Initiative to Protect Homeowners from Mortgage Fraud
  3. Federal National Mortgage Association a/k/a Fannie Mae vs Ben-Ezra & Katz, P.A. | Fannie Mae Tells Lawyer to Get on the Ball
Mar
20

Fraudclosure Settlement? Not So Fast… Bondholders Threatening Legal Action

Mortgage Settlement? Not So Fast! Mortgage bondholders are threatening legal action over the $25 billion national mortgage settlement, which will give the five largest servicers credits for principal writedowns that the bondholders may be forced to take. As American Banker notes, the investors in those trusts were not a party to the settlement agreement, and … Read more Related posts:
  1. Herein Lie Links To The Last Lies | Is Foreclosure Settlement Déjà Vu All Over Again?
  2. Fraudclosure FAIL | State AGs Offer New Settlement Terms to Mortgage Servicers
  3. American Association of Mortgage Investors (AMI) Takes Position against Mortgage Servicing Settlement
Mar
14

David Dayen | Foreclosure Fraud Settlement Docs (II): Giving Homes to Charity as a Penalty

Foreclosure Fraud Settlement Docs (II): Giving Homes to Charity as a Penalty Here’s the second installment in the review of the foreclosure fraud settlement documents. Exhibit D in this document lays out the menu for credits toward the settlement. When we talk about credits, the federal government and state AGs want you to assume that … Read more Related posts:
  1. David Dayen | Foreclosure Fraud Settlement Docs (IV): Association of Mortgage Investors Planning to Challenge in Court
  2. David Dayen | Foreclosure Fraud Settlement Docs Finally Released (DETAILS)
  3. David Dayen | Foreclosure Fraud Settlement Docs (III): “Internal Review Group”
Mar
14

David Dayen | Foreclosure Fraud Settlement Docs (III): “Internal Review Group”

Foreclosure Fraud Settlement Docs (III): “Internal Review Group” Let’s take a look at the enforcement in the foreclosure fraud settlement. How will the servicers be made to meet their obligations? This is all covered in Exhibit E of the settlement documents. This starts out by telling us that the servicers will have up to 180 … Read more Related posts:
  1. David Dayen | Foreclosure Fraud Settlement Docs Finally Released (DETAILS)
  2. David Dayen | Foreclosure Fraud Settlement Docs (IV): Association of Mortgage Investors Planning to Challenge in Court
  3. David Dayen | HUD Secretary Expects “Substantial” Payment of Foreclosure Fraud Settlement with MBS Investor Money
Mar
14

David Dayen | Foreclosure Fraud Settlement Docs (IV): Association of Mortgage Investors Planning to Challenge in Court

Foreclosure Fraud Settlement Docs (IV): Association of Mortgage Investors Planning to Challenge in Court One of the things I looked at in an earlier installment of the foreclosure fraud settlement documents is how banks can satisfy their obligations by modifying mortgages they don’t own. HUD again tried to push back on this with a blog … Read more Related posts:
  1. David Dayen | Foreclosure Fraud Settlement Docs Finally Released (DETAILS)
  2. David Dayen | Foreclosure Fraud Settlement: “Making Banks Money”
  3. David Dayen | 49-State Foreclosure Fraud Settlement Will Be Finalized Today
Mar
13

The Association of Mortgage Investors Laments the AG Foreclosure Settlement Filing; It Fails to Adequately Protect Homeowners; Will Likely Negatively Affect Average Americans, Unions, and Seniors

The Association of Mortgage Investors Laments the AG Foreclosure Settlement Filing; It Fails to Adequately Protect Homeowners; Will Likely Negatively Affect Average Americans, Unions, and Seniors Embargoed until the Settlement Court Filing Contact: 202-327-8100 Monday, March 12, 2012 The Association of Mortgage Investors Laments the AG Foreclosure Settlement Filing; It Fails to Adequately Protect Homeowners; … Read more Related posts:
  1. American Association of Mortgage Investors (AMI) Takes Position against Mortgage Servicing Settlement
  2. 650,000 Americans Joined Credit Unions Last Month – More Than In All Of 2010 Combined
  3. Association of Mortgage Investors (AMI) | “Any truly viable solution must address the defective mortgage loans”
Mar
01

Senator Bob Corker, R-Tenn | Principal Reductions or Cash Payments to Homeowners Who did not Pay their Mortgage is un-American, and it is Wrong

Corker to Donovan: How Will $26 Billion Foreclosure Settlement Cost Americans Saving for Retirement? WASHINGTON – In a letter to Housing and Urban Development Secretary Shaun Donovan, U.S. Senator Bob Corker, R-Tenn., a member of the Senate Banking Committee, requested information regarding how the $26 billion settlement with banks over improper foreclosure practices would impact … Read more Related posts:
  1. Rep. Lofgren and 115 Reps. Call for Fannie Mae and Freddie Mac to Help Underwater Homeowners Via Principal Reductions
  2. AG Coakley: Fannie Mae and Freddie Mac Should “Change Course” and Allow Principal Loan Forgiveness for Homeowners
  3. American Association of Mortgage Investors (AMI) Takes Position against Mortgage Servicing Settlement
Feb
14

American Association of Mortgage Investors (AMI) Takes Position against Mortgage Servicing Settlement

AMI Takes Position against Mortgage Servicing Settlement In a strongly worded statement on behalf of the American Association of Mortgage Investors (AMI), Jonathan Lieberman, Managing Director of Angelo, Gordon & Company, criticized the recent settlement agreement over alleged mortgage servicing and foreclosure processing abuses. Lieberman, told the Association’s bondholders in a conference call that the … Read more Related posts:
  1. Pam Bondi Press Release | Florida Enters $25 Billion Joint State-Federal Mortgage Servicing Settlement
  2. Servicing Fraud | Cease and Desist Orders as Regulatory Theater in Mortgage Settlement Negotiations
  3. American Mortgage Investors Places Blame on Servicers for Lack of Loan Mods
Jan
26

Naked Capitalism | Yes, Virginia, Servicers Lie to Investors Too: $175 Billion in Loan Losses Not Allocated to Mortgage Backed Securities (and Another $300 Billion on the Way)

Yes, Virginia, Servicers Lie to Investors Too: $175 Billion in Loan Losses Not Allocated to Mortgage Backed Securities (and Another $300 Billion on the Way) The structured credit analytics/research firm R&R Consulting released a bombshell today, and it strongly suggests that prevailing prices on non-GSE (non Freddie and Fannie) residential mortgage backed securities, which are … Read more Related posts:
  1. Wells Fargo to Pay $125 Million to Settle Billion Mortgage-Backed Securities Fraud Case
  2. American Mortgage Investors Places Blame on Servicers for Lack of Loan Mods
  3. Why Mortgage-Backed Securities Aren’t (Backed by Securities): How MERS Toasted the Banks
Dec
06

PONZI | MORTGAGE-BACKED TRUSTS – RUNNING ON EMPTY?

MORTGAGE-BACKED TRUSTS – RUNNING ON EMPTY? By Lisa Epstein and Lynn E. Szymoniak, Esq. December 6, 2011 What is left in residential mortgage-backed trusts? Investors, everyone with a pension invested in mortgage-backed trusts, residents of cities and counties invested in mortgage-backed trusts and economy watchers in general are asking the question: what is left in … Read more Related posts:
  1. Fraud Digest | Mortgage Fraud – Bank of America, JP Morgan Chase, Lender Processing Services, WaMu Trusts, Washington Mutual, WMABS Trusts, WMALT Trusts
  2. Affidavits of Lost Assignments Filed for Mortgage-Backed Trusts
  3. Fraud Digest | Robo-signed – Who’s Signing Now? Mers, Assignments and Trusts
Dec
06

PONZI | MORTGAGE-BACKED TRUSTS – RUNNING ON EMPTY?

MORTGAGE-BACKED TRUSTS – RUNNING ON EMPTY? By Lisa Epstein and Lynn E. Szymoniak, Esq. December 6, 2011 What is left in residential mortgage-backed trusts? Investors, everyone with a pension invested in mortgage-backed trusts, residents of cities and counties invested in mortgage-backed trusts and economy watchers in general are asking the question: what is left in … Read more Related posts:
  1. Fraud Digest | Mortgage Fraud – Bank of America, JP Morgan Chase, Lender Processing Services, WaMu Trusts, Washington Mutual, WMABS Trusts, WMALT Trusts
  2. Affidavits of Lost Assignments Filed for Mortgage-Backed Trusts
  3. Fraud Digest | Robo-signed – Who’s Signing Now? Mers, Assignments and Trusts
Oct
24

Outrageous | Good Deeds Punished: State-Run Mortgage Lender Forecloses on Californians Current on Their Loans

Now this makes sense… /sarcasm ~ Good Deeds Punished: State-Run Mortgage Lender Forecloses on Californians Current on Their Loans A report prepared for the California Senate Rules Committee October 24, 2011 California Senate Office of Oversight and Outcomes Executive Summary Despite the housing slump, the California Housing Finance Agency is taking an unusually strict line … Read more Related posts:
  1. Brown Reaches Settlement With Wells Fargo Worth More Than $2 Billion to Californians With Risky Adjustable-Rate Mortgages
  2. Mortgage giants Fannie Mae & Freddie Mac quietly shop $250 billion in bad loans
  3. Association of Mortgage Investors (AMI) | “Any truly viable solution must address the defective mortgage loans”
Oct
20

California, AG Harris, Reportedly Subpoenas BofA Over Toxic Securities

California reportedly subpoenas BofA over toxic securities Investigators with the state attorney general’s office have subpoenaed Bank of America Corp. in connection with the sale and marketing of troubled mortgage-backed securities to California investors, according to a person familiar with the probe. The state is trying to determine whether the bank and its Countrywide Financial … Read more Related posts:
  1. Kamala Harris | California Breaks from 50-State Probe into Mortgage Fraudclosures
  2. KABOOM | Attorney General Kamala D. Harris Subpoenas Lender Processing Services (LPS) in Wide-Ranging Probe of Mortgage and Fraudclosure Practices
  3. Foreclosuregate – SEC Sends More Subpoenas in Mortgage Probe
Oct
10

Presentation | Robosigners and Other Servicing Failures: Protecting the Rights of RMBS Investors

Interesting presentation with slides and video can be viewed here… ~ 4closureFraud.org Tweet Related posts:Robosigners and Other Servicing Failures: Protecting the Rights of RMBS Investors Association of Mortgage Investors Letter To JPMorgan Trust Administration RE: Notification of and Request to Address Pervasive Issues in RMBS Trusts Ocwen Scoops Up Saxon Servicing Rights Related posts:
  1. Robosigners and Other Servicing Failures: Protecting the Rights of RMBS Investors
  2. Association of Mortgage Investors Letter To JPMorgan Trust Administration RE: Notification of and Request to Address Pervasive Issues in RMBS Trusts
  3. Ocwen Scoops Up Saxon Servicing Rights
Sep
15

$1 Trillion in Sour Notes | Banks being Squeezed by Mortgage Investors

$1T in sour notes Banks being squeezed by mortgage investors It’s the flip side of foreclosure fraud: Not only is the city fireman in danger of losing his home, he also might wind up with smaller retirement checks because his pension invested in home-mortgage-backed bonds that were bundled and sold off by banks during the … Read more
Sep
14

Banks May Fight Banks as Mortgage Investors Pursue Class Status

Banks May Fight Banks as Mortgage Investors Pursue Class Status Bank of America Corp. (BAC), JPMorgan Chase & Co. (JPM) and other banks may pay more to resolve claims over their alleged roles in the collapse of a $2.3 trillion mortgage- backed securities market if sophisticated investors are allowed to sue as a group along … Read more
Aug
24

THE RIGHT TO CHOOSE YOUR LENDER

EDITOR’S COMMENT: Here is an interesting comment from Scott Baker — someone who “has no dog in the race.” They paid off their mortgage. The point here is that Lenders knew exactly who their customer was, but the borrowers never did. In a “free” marketplace, this choice was taken out of the hands of the borrowers by concealing the real source of funds and the identities of the players.

The comment makes a good point when he says that he chose a Lender based upon reputation and his perception of the relationship he wanted with a Lender. This was also eviscerated. And his point is fairly made — there was no disclosure and he was coerced into doing the deal because “everybody’s doing it.”

Sound familiar? If it does, it is because that is exactly how the rest of the deal went and our society is slow to realize that amongst the many freedoms we gave up over the last decade was the freedom to choose the party with whom we do business.

I’m not in the same dire situation as so many commenters on this page, having paid off my mortgage before the s*^t hit the fan.
However, I did try to object to the clause in my mortgage that allowed my bank to split my mortgage via securitization to other investors. My reasoning was that not only should a lender be able to choose their borrowers, but a borrower should be able to choose their lender, even if the terms ostensibly don’t change. In fact, I specifically chose (what I thought) was a reputable lender, based on size, reputation (at the time), and, finally, terms. I specifically did not want any of the fly-by-night lenders that flooded my spam folder in those days (thankfully, these seem to have disappeared).
However, my RE lawyer said I had no right to object to securitization because “they all do that.” So, reluctantly, I signed the contract with that clause. It turns out that the bank did, indeed, securitize my loan, and virtually all others, but I paid it off in full shortly after anyway.
I still maintain that a borrower has a full right to decide to borrow from one party and not another.


Filed under: foreclosure
Jul
12

Mortgage Investors Turn to State Courts for Relief

Investors are starting to wake up. First, they are filing suit in any court of competent jurisdiction alleging fraud in the sale of mortgage-backed securities. As discovery proceeds, they will also discover that despite assurances to the contrary not all of the money they advanced was used for the purchase of mortgage loans. In discovery, they will find that a substantial percentage of the money they advanced (by purchasing mortgage-backed securities) was used for fees and profits that were undisclosed to both the investors and the borrowers.

It seems that they’re finding a friendlier reception in state courts. As these investors suits multiply, it will have a dramatic affect on the way state judges view securitized mortgage loans. The allegations of fraud by institutional investors carries far more weight than an individual borrower making the same claims.

Borrowers and the attorneys who represent them would do well to track these cases carefully. I would ask that as you do so, you send copies to me at NGarfield@MSN.com. You will learn a great deal just by reading the complaints. You will learn even more if you keep track of the discovery proceedings in those cases. State judges that are presented with these claims will probably start issuing orders allowing the investors to proceed and discovery. Both the judges and the orders they issue should be tracked.

July 9, 2010

Mortgage Investors Turn to State Courts for Relief

By GRETCHEN MORGENSON

INVESTORS who lost billions on boatloads of faulty mortgage securities have had a hard time holding Wall Street accountable for selling the things in the first place.

For the most part, banks have said they can’t be called out in court on any of this because they had no idea that so many of these loans went to people who lacked the resources to make even their first mortgage payment.

Wall Street firms were intimately involved in the financing, bundling and sales of these loans, so their Sergeant Schultz defense rings hollow. They provided hundreds of millions of dollars in credit to dubious underwriters, and some even had their own people on site at the loan factories. Many Wall Street firms owned mortgage lenders outright.

Because many of the worst lenders are now out of business, investors in search of recoveries have turned to the banks that packaged the loans into securities. But successfully arguing that Wall Street aided lenders in a fraud is tough under federal securities laws. This is largely a result of Supreme Court decisions barring investors from bringing federal securities fraud cases that accuse underwriters and other third parties as enablers.

Where there’s a will, however, there’s a way. And state courts are proving to be a more fruitful place for mortgage investors seeking redress, legal experts say.

In late June, for example, Martha Coakley, the attorney general of Massachusetts, extracted $102 million from Morgan Stanley in a case involving Morgan’s extensive financing of loans made by New Century, a notorious and now defunct lender that was based in California.

Morgan packaged the loans into securities and sold them to clients, even after its due diligence uncovered problems with the underlying mortgages that New Century fed to the firm, Ms. Coakley said. In settling the matter, Morgan neither admitted nor denied the allegations. Her investigation is continuing.

One of the most interesting aspects of this case “is the active role of state regulators relying upon state law to protect investors,” said Lewis D. Lowenfels, an authority on securities law at Tolins & Lowenfels in New York. “This state focus may well fill a void left by the U.S. Supreme Court’s increasingly narrow interpretation of the antifraud provisions of the federal securities laws as well as the relatively few S.E.C. enforcement actions initiated in this area.”

Last Friday, an investment management firm that lost $1.2 billion in mortgage securities it bought for clients filed suit in Massachusetts state court against 15 banks, accusing them of abetting a fraud. The firm, Cambridge Place Investment Management of Concord, Mass., purchased $2 billion in mortgage securities from the banks, and it says the banks misrepresented the risks in the underlying loans — both in prospectuses and sales pitches.

The complaint says the banks misled Cambridge Place by maintaining that the mortgages in the securities it bought had met strict underwriting requirements related to the borrowers’ ability to repay the loans. Cambridge also contends it relied on the banks’ claims of having conducted due diligence to verify the quality of the loans bundled into the securities.

The complaint also details the anything-goes lending practices during the subprime mortgage boom.

Interviews in the complaint with 63 confidential witnesses turned up such gems as Fremont Investment & Loan, which had been based in California, approving loans for pizza delivery men with reported monthly incomes of $6,000, and management at Long Beach Mortgage, also in California, directing underwriters to “approve, approve, approve.”

One Long Beach program made loans to self-employed borrowers based on three letters of reference from past employers. A former worker said some letters amounted to “So-and-so cuts my lawn and does a good job,” adding that the company made no attempt to verify the information, the complaint stated.

Such tales are hardly shockers. But they provide important context when Cambridge moves up the ladder to the banks that bundled and sold the loans.

For example, the complaint contended that Credit Suisse, from whom it bought $88 million of mortgage securities in 2005 and 2006, told Cambridge of its “superior” due diligence, including a performance review of every loan. Three-quarters of these loans are delinquent, in default, foreclosure, bankruptcy or repossession, the complaint said.

Bear Stearns, now a unit of JPMorgan Chase, sold Cambridge $65 million of securities. It owned three mortgage lenders and told Cambridge it sampled the loans it sold to check underwriting procedures, borrower documentation and compliance, the complaint said.

Among others named in the suit are Bank of America, Barclays, Citigroup, Countrywide, Deutsche Bank, Goldman Sachs, Merrill Lynch, Morgan Stanley and UBS. All of those, as well as Credit Suisse and JPMorgan, declined to comment.

CAMBRIDGE’S lawyers brought its case in Massachusetts under laws barring those who sell securities from making false statements about them or omitting material facts. Jerry Silk, a senior partner at Bernstein Litowitz Berger & Grossmann who represents Cambridge, said, “This case represents yet another example of Wall Street banks’ failure to live up to their basic responsibility to investors — to tell the truth about the securities they are selling.”

Mr. Silk’s firm has jousted with Wall Street underwriters before. In 2004, it recovered $6 billion in a suit against banks that underwrote debt issued by WorldCom, the defunct telecom. Denise L. Cote, the federal judge overseeing that matter, concluded that because investors rely so heavily on underwriters, courts must be “particularly scrupulous in examining the conduct,” she said.

It is too soon to tell if investors will recover losses in mortgage securities. But the efforts are reminiscent of those in the mid-90s against brokerage firms that cleared trades and provided capital to dubious penny-stock outfits such as A. R. Baron and Sterling Foster.

For decades, companies that cleared such trades — Bear Stearns was a big one — escaped liability for fraud at these so-called “bucket shops.” But regulators went after clearing firms by accusing them of facilitating such acts; in a 1999 lawsuit, the Securities & Exchange Commission accused Bear Stearns of enabling a fraud at A. R. Baron. Bear Stearns paid $35 million in fines and restitution to settle the case.

If trust in capital markets is to return, investors must be able to believe what they read in prospectuses. Without that minimum standard, how can Wall Street expect the markets to function again?


Filed under: foreclosure
Jun
02

REO supply will “challenge” housing markets

By James R. Hagerty

Barclays Capital

The numbers through March 2010 are estimates, the rest are projections.

It’s a bit like guessing how many pennies are in a gallon jug at the state fair, but housing analysts keep trying to count how many foreclosed homes banks and mortgage investors own.

Why should we care? Unlike at the state fair, there is no prize for guessing right. Still, if we can track the number of these REO (“real estate owned”) homes, we can get some sense of how banks and others are doing in their efforts to dispose of the properties and how much longer they will be weighing on the housing market.

The good news is that two of the leading contenders in this guesstimating game–Tom Lawler, an independent housing economist and gentleman farmer in Leesburg, Va., and Robert Tayon, an analyst at Barclays Capital in New York–have been comparing their methods recently and learning from each other. Both are in the same ballpark and both say the REO count is on the rise.

Mr. Lawler estimates there were 574,000 one- to four-family REO homes at the end of the first quarter, up from 518,000 at the end of 2009 but well below a peak of 668,000 in the third quarter of 2008. More modest (honest?) than most economists, Mr. Lawler describes his estimates as “crude” and “a work in progress.” He figures his tally is too low–he can’t find good data on all of the thousands of REO owners– but still “indicative” of the trend.

Mr. Tayon of Barclays estimates that REOs totaled 522,000 in March, up from 479,000 at the end of 2009 but below the peak of 688,000 in September 2008.

After soaring in 2008, the REO total shrank for most of 2009 as foreclosure-prevention efforts slowed the flow of defaulted loans toward resolution and investors rushed to buy what they saw as bargains in hard-hit areas such as Phoenix and Las Vegas. Now, as banks and other loan servicers work their way through the backlog of loan-modification applicants and reject many of them, the REO count is rising again. Mr. Tayon expects it to peak at 538,000 in August 2011 before starting to decline gradually.

Fannie Mae and Freddie Mac, two of the biggest holders of REO, both expect their REO inventories to increase in the next few quarters, Mr. Lawler says.

The expected rise in REO supply will “challenge” housing markets in areas with high concentrations of foreclosures, Mr. Lawler adds. But he doesn’t think the effect on prices will be as severe as it was in late 2008 and early 2009, when loan servicers dumped huge amounts of property on the market.

There are still plenty of struggling borrowers at risk of losing their homes. The Mortgage Bankers Association, a trade group, last week reported that 14% of mortgage loans on one-to-four-unit homes were 30 days or more delinquent or in the foreclosure process as of March 31. That represents about 7.3 million households. The rate was 12% a year earlier. At the same time, fewer people have fallen behind in recent months as the economy has improved.

Those who want to guess how many REOs will be in the jug two years from now will have to take a view on whether the economy is going to produce enough jobs to create demand for all those houses.

Please follow me for housing news on Twitter @jamesrhagerty


Filed under: foreclosure
Apr
01

Reg Z TILA Amendment requires new owners and assignees of mortgage loans to notify consumers of the sale or transfer

The Federal Reserve Board has issued an interim final rule under Regulation Z to implement the recent Truth in Lending Act (TILA) amendment that requires new owners and assignees of mortgage loans to notify consumers of the sale or transfer.

While mostly helpful in foreclosure defense,  the rule leaves open the question of ownership of the loans. Because of the practice of “assignment” of the loans to a special purpose vehicle, the Fed stopped there in its inquiry. If it had taken one step further it would have seen that the indenture to the mortgage backed bond conveyed an ownership interest in the loans supposedly assigned. it also leaves open the problem of whether the loans were accepted into the pool or were time-barred or were defective for failure to meet the requirements of recordation or recordable form set forth in the enabling documents.

The TILA requirement has been in effect since the May 20, 2009, enactment of the Helping Families Save Their Homes Act of 2009. Compliance with the specifics of the new rule is optional until January 19, 2010. As a result, new owners may (but need not) rely on the new rule immediately to ensure they are in compliance with TILA. Violations give rise to liability for statutory damages, including up to $4,000 per violation in individual actions or up to $500,000 in a class action.

The transfer notice requirement applies to all closed-end and open-end consumer-purpose mortgage loans secured by a consumer’s principal residence. It requires any person that acquires more than one mortgage loan in any 12-month period to provide a transfer notice without regard to whether the new owner would otherwise be a “creditor” subject to TILA. Mere servicers of mortgage loans and investors in mortgage-backed securities or other interests in pooled loans do not acquire legal title to loans and are not subject to the new rule. However, trusts or other entities acquiring legal title to the securitized loans are subject to the rule. The notice requirement is triggered by a transfer of the underlying loan, regardless of whether the assignment is recorded. Thus, assignees are not exempt from the duty to provide notice merely because the mortgage (as opposed to the note) is in the name of Mortgage Electronic Registration Systems (MERS), for example.

The new rule does not affect the separate notification requirement under the Real Estate Settlement Procedures Act (RESPA) for servicing transfers on mortgage loans. Accordingly, new owners who acquire both legal title to a mortgage loan and the servicing rights will need to satisfy both the TILA and RESPA notification requirements.

  • The notice must be given on or before the 30th calendar date after the date the new owner acquires the loan, with the acquisition date deemed to be the date that the acquisition is recognized in the new owner’s books and records. In the case of short-term repurchase agreements, the acquirer is not required to give the notice if the transferor has not treated the transfer as a loan sale on its own books and records. However, if a repurchase does not occur, the acquirer must give the notice within 30 days after it recognizes the transfer as an acquisition on its books and records.
  • The notice must be given even where the new and former owners are affiliates, but a combined notice may be sent where one company acquires a loan and subsequently transfers it to another company so long as the content and timing requirements are satisfied as to both entities.
  • The notice must contain the information specified by the new rule, including contact information for any agents used by an owner to receive legal notices and resolve payment issues.
  • The required information also includes a disclosure of the location where ownership of the debt is recorded. If a transfer has not been recorded in the public records at the time the notice is provided, a new owner may satisfy this requirement by stating that fact.

Filed under: bubble, CDO, CORRUPTION, currency, Eviction, expert witness, Fannie MAe, foreclosure, HERS, Investor, MODIFICATION, Mortgage, securities fraud, Servicer Tagged: agents, AGGREGATOR, consumer protection, contact information, creditor, foreclosure defense, legal notices, MERS, mortgage backed securities, mortgage loans, principal residence, Real Estate Settlement Procedures Act, Reg Z, resolve payment issues, RESPA, secured, statutory damages, TILA, violation
Aug
20

Bank of America loses in Federal Ruling – Judge says investors own the loans

The report of the ruling below by this Federal Judge has several implications:

  1. Mortgage modifications may come to a halt again
  2. Attorney’s and anyone supposedly “helping” with modifications should be very, very wary
  3. The federal court in Manhattan is recognizing a couple very important issues:
    1. Servicers are NOT the owners of the loans (in the case of a securitized loan)
    2. Investors own the loans
    3. Servicers MAY be liable to buy back modified loans (subject to the terms of the PSA)

This ruling could ultimately end up being the demise of ALL foreclosure actions involving securitized loans. One thing is clear in that the federal court identifies the investors as the owners of the loan and is so doing the court also recognizes that the servicer/intermediaries/pretender lender have no authority to do ANYTHING in the way of enforcement, modification, collection through legal means such as a  foreclosure action because they simply have no standing (the alleged debt is not owed to anyone other than the investors).

Just because a secret deal between Wall Street, servicers, banks and MERS occurred to obscure the ownership and the transfers of mortgages doesn’t mean their deal will hold up under the careful eye of diligent judge who understands AND cares about the law being upheld.


Source: Reuters
BofA’s Countrywide loses court ruling on mortgages

Thu Aug 20, 2009 7:37am EDT

* Federal judge lacks jurisdiction, moves case to states

* Loan modifications can hurt mortgage investors

NEW YORK, Aug 20 (Reuters) – A federal judge has ruled that Bank of America Corp (BAC.N: Quote, Profile, Research, Stock Buzz) cannot have a lawsuit by investors seeking to force it to buy back mortgages heard in federal court, saying he lacks jurisdiction to decide the case.

Tuesday’s ruling by Judge Richard Holwell of the U.S. District Court in Manhattan means the case will move to state court. Holwell did not decide the merits of the case.

“Congress passed two statutes within a year of each other to address the mortgage crisis,” the judge wrote. “In neither of these statutes did Congress federalize the case.”

The ruling is a win for investors, to the extent that Holwell rejected a claim by the bank’s Countrywide Financial Corp unit that new federal laws to encourage loan modifications to help struggling borrowers stay in their homes govern this case.

Countrywide had argued that the laws negated obligations it might have had to buy back modified loans. In 2008, Countrywide agreed with some 11 state attorneys general to modify $8.4 billion of loans made to roughly 400,000 borrowers.

Investors who own mortgage securities typically receive interest and principal payments. If servicers modified the underlying loans to reduce borrower obligations, investors would be harmed because they would receive lower payments.

Holwell did rule that investors bear the burden of showing that pooling and servicing agreements for their loans, taken “as a whole,” require Countrywide to buy back the loans.

Bank of America could not immediately be reached for comment. A published report said a spokeswoman agreed that the court did not rule on the merits of the plaintiffs’ claims.

The current case was brought by two investment funds holding Countrywide mortgages, Greenwich Financial Services Distressed Mortgage Fund 3 LLC and QED LLC.

These investors complained they would be harmed if Countrywide shifted the burdens of loan modifications to 374 trusts into which loans had been repackaged and securitized.

These investors would rather Countrywide repurchase modified loans for the full unpaid amounts.

Countrywide had been the largest U.S. mortgage lender before Bank of America acquired it last July for $2.5 billion.

The case is Greenwich Financial Services Distressed Mortgage Fund 3 LLC and QED LLC v. Countrywide Financial Corp, U.S. District Court, Southern District of New York (Manhattan), No. 08-11343. (Reporting by Jonathan Stempel, with additional reporting by John Tilak in Bangalore)

© Thomson Reuters 2009. All rights reserved. Users may download and print extracts of content from this website for their own personal and non-commercial use only. Republication or redistribution of Thomson Reuters content, including by framing or similar means, is expressly prohibited without the prior written consent of Thomson Reuters. Thomson Reuters and its logo are registered trademarks or trademarks of the Thomson Reuters group of companies around the world.

Thomson Reuters journalists are subject to an Editorial Handbook which requires fair presentation and disclosure of relevant interests.

Aug
04

Fannie, Freddie and Ginnie Issuance Climbs in June

“Government-sponsored mortgage investors Fannie Mae (FNM: 0.5755 -0.78%) and Freddie Mac (FRE: 0.6018 -1.34%) along with Ginnie Mae saw issuance increase in June along with rising delinquency rates.”

Website Designed and Developed by Tampa Web Designer