housing bust since the Great Depression.
The so-called robo-signing revelations sparked a probe by the 50 state
attorneys general into the mortgage servicing industry. Multiple hearings were held
on Capitol Hill. States and homeowners have since sued mortgage servicers, alleging
that homeowners were improperly foreclosed upon, that some were stuck with excessive
fees and that some were improperly told they had to default on their mortgage to be
considered for modifications.
The federal agencies said Wednesday that they found few cases in which
homeowners were improperly foreclosed upon and that borrowers were seriously
delinquent on their loans.
But they also said that mortgage servicing companies lacked sufficient
staff, created improperly reviewed and notorized foreclosure court documents and
lacked adequate quality control and auditing to prevent some foreclosures from
moving forward even when a borrower had been approved for a loan modification or
had filed for bankruptcy.
Some law firms hired by the mortgage servicers also claimed mortgage
notes were lost or destroyed, even though the proper documents existed. They also
sometimes signed documents on behalf of servicers without their authority or modified
affidavits without their knowledge, the regulators said.
Overall, the companies emphasized "speed and cost efficiency over quality
and accuracy," according to the review.
In agreeing to the consent orders, the banks neither admitted nor denied w
rongdoing. The other companies were: Ally Financial (formerly GMAC), Aurora Bank,
EverBank Financial, HSBC, MetLife, OneWest, PNC, Sovereign Bank, SunTrust Banks and
U.S. Bancorp.
Actions were also brought against two companies that provide foreclosure
services to the banks and others: Merscorp and its subsidiary, Mortgage Electronic Registration Systems; and Lender Processing Services and two of its subsidiaries, DocX and LPS Default Solutions.
Wednesday, several said they will make or already are making improvements.
Wells Fargo said it's already addressing areas that require improvement. JPMorgan
Chase called the changes "significant" and said it would hire up to 3,000 people
to implement them.
The changes will cost banks only a modest amount of money, says banking
analyst Paul Miller of FBR Capital Markets.
Consumer Groups Complain
As news of the pending settlements started to leak last week, more than
50 consumer groups asked regulators to withdraw the proposed changes.
On Wednesday, Rep. Elijah Cummings, D-Md., called the agreements
"toothless." He's sponsoring a bill that he says would impose more serious
reforms on the mortgage servicing industry.
Iowa Attorney General Tom Miller, who is leading the 50-state effort,
reiterated Wednesday that the agreement between banks and regulators would not
impede the other investigation.
It will likely take "a matter of months" to determine even if there
will be a settlement, says Geoff Greenwood, Miller's spokesman.
Consumer advocates fear that banks will use the new agreements as a
"shield" against other changes, says Katherine Porter, professor of law at the
University of Iowa.
Porter says the attorneys general were "pursuing much more concrete
remedies," including a ban on "dual track" measures in which servicers foreclose
while homeowners are being considered for loan modifications.
The regulators' agreement would prevent foreclosures once a loan is
approved for modification but could allow the process while applications are
pending, says Alys Cohen of the National Consumer Law Center. That will "confuse
homeowners, " she says.
Walsh disputes assertions that the rules are too weak or that they'll
hurt the effort by the attorneys general. Instead, he expects banks to incorporate
at least some of what the attorneys general want in the plans that banking regulators
now require them to develop.
The two efforts "need to mesh," Walsh says, to create the type of overhaul
the industry needs.
He also says the requirement that banks "look back" at past foreclosures
and reimburse wronged homeowners will serve to penalize companies that acted improperly.
"It's a requirement that they take care of people," Walsh says.
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News Column
Major Banks Told To Review Foreclosures
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Source: Copyright USA Today 2011
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