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California, Nevada Team Up to Prosecute Mortgage Fraud PDF Print E-mail
Clipped by Sam Stamper   
Friday, 16 December 2011

 

California, Nevada Team Up To Prosecute Mortgage Fraud

California and Nevada's attorneys general announced Tuesday in a press conference that they are teaming up to prosecute mortgage fraud in their respective states.

The planned cooperation between the attorneys general in two of the states hardest hit by the collapse of the housing market could shift the landscape of the national foreclosure crisis. For one, the new partnership could weaken attempts by other states and the Obama administration to negotiate a single, national foreclosure settlement with the nation's five largest home-loan companies over alleged misdeeds, such as the mass-signing of foreclosure documents and the foreclosure of borrowers who were in the process of seeking mortgage modifications.

But the move also serves as a warning to the financial institutions accused of defrauding hundreds of thousands of homeowners. The states plan to work together on a broad range of issues related to mortgage fraud, the sources said.

In the past California has been burned by large, multi-state mortgage settlements. In 2008 the state joined 10 others in agreeing to a settlement regarding fraudulent mortgage practices at Countrywide, the sub-prime lender that came to epitomize questionable lending during the mortgage boom. Bank of America, which owns Countrywide, agreed to offer up to $3.5 billion in loan modifications and foreclosure relief to California homeowners victimized by Countrywide's mortgage fraud. But as of June 30, 2011, only roughly $80 million in payments have been made to California residents through the program.

California Attorney General Kamala Harris may be trying to avoid another disappointing mortgage settlement by partnering up with Nevada Attorney General Catherine Cortez Masto.

"There's been a lot of frustration [in California] with prior settlement agreements that have not delivered," said Kevin Stein, associate director of the California Reinvestment Coalition, a nonprofit organization that advocates for the financial rights of low-income communities. "I think there's a recognition that the Countrywide settlement didn't play itself out as people had hoped. We want to look forward and not repeat whatever mistakes may have occurred then."

Countrywide has not only underperformed in terms of the amount of money offered to borrowers. It has also neglected to help thousands of homeowners who qualified for mortgage relief under the terms of the settlement, say sources familiar with the situation. Kim Ramirez, 42, is one of those borrowers.

Ramirez, who lives with her husband and two sons in a four-bedroom home in Santa Cruz County, had an adjustable rate mortgage with Countrywide that grew unaffordable when the interest rate shot up. Ramirez was eligible for a modification under California's settlement agreement, and Bank of America approved a modification, which was supposed to decrease her monthly payment to $3,298 from $3,991, beginning in September 2009.

That's when the problems began, according to Ramirez. Her mortgage statements continued to reflect the previous amount. Bank of America reassured her that she was correct to pay the lower amount, that her modification had yet to be processed in their system but would be shortly, that she had nothing to worry about. She kept making payments, until April 2010, when she received a certified letter stating she was in default.

She continued calling the bank, trying to resolve the confusion until one day in December 2010, a bank representative "showed up at my house and nailed a notice of sale to my door," said Ramirez. At that point, she hired a lawyer.

Almost a year later, Ramirez's home remains in limbo. This fall, per instructions from the bank, Ramirez paid $27,421 to resolve her mortgage, at which point the bank informed her that she was current on the loan. Last week, however, the bank returned her monthly payment, claiming the amount was incorrect, though it is the amount agreed to in the modification.

Ramirez said her battle with Countrywide has been devastating.

"My business has completely suffered. People saw the sign nailed to my door, and that's caused rumors in the industry. It's killed my reputation," said Ramirez. "My youngest kid is constantly crying, worrying we're going to lose our home. My credit is destroyed. It's terrifying to me. I've been living like this for years, every day not knowing what's next, not knowing if they're coming back to nail another sign to my door to sell my house."

"Bank of America is reviewing the case and will reach out to the borrowers," said spokeswoman Jumana Bauwen.

It's stories like this that may be motivating Harris to leave the national foreclosure settlement currently under negotiations between the majority of state attorneys general, led by Iowa Attorney General Tom Miller, and the nation's five largest private mortgage servicers -- companies that collect borrowers' payments -- which include Bank of America.

Harris left the national negotiations in September, claiming that the deal in the works was "inadequate for California homeowners." Though she has neither confirmed nor denied whether she will return to the national settlement talks, the fact that she is partnering with Nevada AG Masto, who has also voiced concerns about a national settlement, distances Harris that much further from a national settlement.

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Nevada sues Lender Processing Services PDF Print E-mail
Clipped by Sam Stamper   
Friday, 16 December 2011

 

 

Nevada Sues Lender Processing Services, Mortgage Giant, For Foreclosure Fraud

In a move likely to further Nevada's growing reputation for rigorously pursuing mortgage fraudsters, the state's Attorney General Catherine Cortez Masto is suing Lender Processing Services, a Florida-based company that allegedly foreclosed illegally on thousands of struggling borrowers, according to a press release.

The company processes more than half of all foreclosures annually, making it the largest company in the country that collects mortgage payments from delinquent borrowers, faces a number of charges: fraudulently notarizing documents; intentionally disrupting communication between distressed borrowers and the attorneys attempting to help them; kickbacks concealed as "attorney's fees," and "robo-signing;" in which employees signed foreclosure documents without verifying the information.

The state alleges Lender Processing Services "required employees to execute and/or notarize up to 4,000 foreclosure related documents every day."

Lender Processing Services "engaged in a pattern and practice of deceptive conduct that willfully misled consumers, courts and the public, resulting in countless foreclosures that were predicated upon false, deceptive and deficient documents that [the company] prepared and/or executed," the attorney general said in the complaint.

Lender Processing Services was quick to dimiss the attorney general's allegations outright in a statement, in fact accusing the attorney general itself of breaking Nevada law by "outsourcing" the probe to a plaintiff's law firm.

"As the company has previously disclosed, it has discovered, during its own internal reviews, potential issues related to some of its past document execution practices," the statement reads. "However, the company is not aware of any person who was wrongfully foreclosed upon as a result of a potential error in the processes used by our employees."

This isn't Lender Processing Services's first brush with Nevada law. Last month, Attorney General Mastro indicted Gary Trafford and Gerri Sheppard, two company employees charged for a robo-signing scheme that resulted in filing tens of thousands of fraudulent documents with the Clark County Recorder's Office between 2005 and 2008. Nevada has been especially hard hit by the collapse of the housing market. In November, for the 59th month in a row, Nevada recorded the highest foreclosure rate in the country, according to the complaint.

"We will protect the integrity of the foreclosure process," said the attorney general in a statement announcing the suit against Lender processing Services. "This lawsuit is the next, logical step in holding the key players in the foreclosure fraud crisis accountable."

Robo-signing has been linked to wrongful foreclosures and is at the center of a much larger conversation about foreclosure fraud currently taking place between the Obama administration, the majority of the states' attorneys general, and five of the nation's largest mortgage servicers. Those negotiations, which have yet to be finalized, are intended to both penalize the companies for their alleged fraud and also secure funding to help struggling borrowers to keep their homes.

Though the final terms of the deal have yet to be announced, some states' attorneys general, including California, Delaware and New York, are concerned the deal will provide too little relief for home borrowers while letting servicers too easily off the hook.

Nevada is another of the states that has voiced reservations, going so far as to announce last month a partnership with California Attorney General Kamala Harris to pool resources to investigate and prosecute mortgage companies that wrongfully foreclosed on borrowers.

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Low Mortgage Rates PDF Print E-mail
Clipped by Sam Stamper   
Thursday, 15 December 2011

 

 

Mortgage rates fall to record lows

mortgage rates

NEW YORK (CNNMoney) -- Mortgage rates sunk to record lows again this week.

The average rate on the 30-year fixed mortgage fell to 3.94%, matching the all-time low hit in early October, according to Freddie Mac's weekly mortgage rate survey. Meanwhile, 15-year fixed-rate loans hit a new record low of 3.21%, surpassing the record set on October 6.

Five-year adjustable rate mortgages also plumbed new depths, hitting 2.86% for the week.

"We've been hanging around record lows for a few months now and we finally hit another one," said Keith Gumbinger of HSH Associates, a provider of mortgage data.

Low-interest mortgages will be available at least through mid-2012, according to Freddie Mac's chief economist, Frank Nothaft.

Where homes are affordable

The low rates can translate into big savings for home buyers. Five years ago, a home buyer would have been lucky to land a 5% rate on a 15-year loan. On a $200,000 mortgage, that would have meant the borrower would have paid $1,582 a month. Should a borrower land a 3.2% rate on a $200,000 loan now, the monthly mortgage payment would come to $1,400 -- a savings of $182 a month.

Mortgage rates tend to closely track Treasury bond yields, which have also been very low lately. For the past three months, 10-year Treasury notes have often fallen below the 2% mark as bond investors steer clear of Europe and its debt woes and buy U.S. Treasuries instead.

Parents helping kids buy homes

"There's been a flight to quality out of Eurobonds and into Treasuries," said Gumbinger. On Thursday, the 10-year Treasury stood at 1.92%.

The rock-bottom interest rates, combined with the lowest housing prices in years, have made home buying extremely affordable right now. Although most borrowers are looking to refinance existing loans rather than buy.

10 cheap homes for sale by Uncle Sam

Last week, mortgage applications climbed 4.1%, driven by a surge of home buyers trying to refinance to record-low rates. According to the Mortgage Bankers Association's latest Market Composite Index, close to 80% of loan applications were to refinance existing loans. 

 

 
Home Prices - California PDF Print E-mail
Clipped by Sam Stamper   
Thursday, 15 December 2011

 

Southern California Home Prices Fall After Loan Limits Are Cut

Bloomberg

December 14, 2011, 9:56 AM EST


Dec. 13 (Bloomberg) -- Home prices in Southern California fell 4.2 percent last month from a year earlier as financing for high-end properties became harder to get, DataQuick said.

The median paid for houses and condominiums was $275,000 in Los Angeles, Riverside, San Diego, Ventura, San Bernardino and Orange counties, down from $287,000 in November 2010, the San Diego-based data seller said today in a report. Prices were up 1.9 percent from $270,000 in October.

Home sales of $500,000 or more declined almost 16 percent from a year earlier because of reduced loan limits in higher- priced markets that took effect Oct. 1, the company said. In Los Angeles and Orange counties, the limit was cut from $725,750 to $625,000.

“Part of it is the economy and would-be buyers’ uncertainty -- about jobs, home prices and a potential surge in foreclosed properties hitting the market,” DataQuick President John Walsh said in a statement. “Part of it’s the folks who can’t move up because they’re upside down with their mortgages. And many who want to buy more expensive homes struggle with the financing.”

Jumbo loans, mortgages above the old conforming limit of $417,000, made up about 15 percent of last month’s purchase lending, down from about 18 percent a year ago, DataQuick said.

A total of 16,884 homes sold in the region last month, up 4.2 percent from a year earlier and 0.3 percent from October, driven by demand from first-time buyers and investors for properties priced below $400,000. The number of houses sold in that range rose 6.1 percent in November from a year earlier, DataQuick said.

 
The Loan Process PDF Print E-mail
Clipped by Sam Stamper   
Wednesday, 14 December 2011

 

The Loan Process   WHO   DAY 
         
Application   Loan Originator   Day 1
Run Credit   Loan Originator   Day 1
Lock the Loan    Loan Originator   Day 1 
Create GFE    Loan Originator   Day 1
Send Disclosures   Loan Originator   Day 1
Send Need List   Loan Originator   Day 1
Get Disclosures Back From Borrower    Loan Originator   Day 4
Open Title /  Escrow   Processor   Day 4
Review Borrower Documents for Income / Asset  Accuracy   Processor   Day 5
Update 1003 from Documents / Disclosures   Processor   Day 5
Order Appraisal After 3 days    Processor   Day 6
Run DU    Processor   Day 7
Request Additional Documents from Borrower / Updates    Processor Loan Originator  Day 7
Order Pay Off Demand    Processor   Day 7 
Order 4506T   Processor   Day 8
Receive Pre-lim - Review   Processor   Day 9
Order Real Quest    Processor   Day 9
Give to Underwritng for Review    Processor   Day 12
Get Conditions list from Underwriting   Underwriter   Day 14 
Request Additional Documents from Borrower / Updates    Loan Originator    Day 14 
Receive Appraisal   Processor Loan Originator  Day15
Send Appraisal & Receipt to Borrower   Processor Loan Originator  Day 15 
Give Insurance to Escrow   Processor   Day 15 
Check Value Against DU and Loan Program   Processor   Day 16 
Update DU - Value - Etc… Add Appraisal to the File   Processor   Day 16 
Get Receipt for Appraisal Back and Any Missing Documents   Loan Originator    Day 17 
Verify Pay -Off Demand - Update Calyx & DU    Processor   Day 17 
Request Estimated HUD   Processor   Day 17
Create Final 1003    Processor   Day 18 
Review HUD w. Borrower - Accept or Change HUD   Loan Originator    Day 18 
Draw Loan Documents   Processor   Day 18 
Send Loan Documents to Escrow   Processor   Day 18 
Documents go out with Notary for Signing from Escrow   Escrow   Day 18 
Borrower signs Docs    Borrower   Day 19
Documents Back to / From Escrow -   Notary   Day 20
Get Signed Docs Back from Escrow   Processor   Day 22
Submit File for Final Underwriting   Processor   Day 22
Remaining Conditions   Unsderwriter   Day 23
Fix Remaining Conditions   Processor Loan Originator  Day 23
Fund Loan   Funder   Day 25
         
         
         
         

 

 

 

         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         

 

 
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