Posts Tagged ‘Foreclosure Relief’

Bank of America to Resume Foreclosure Proceedings

The Associated Press is reporting this afternoon that Bank of America has announced plans to resume foreclosure proceedings and begin again the process to seize homes from homeowners who are severely delinquent on their mortgages.  Beginning next week in the 23 states that require court approval to foreclose on  a property, Bank of America will re-file with the courts corrected documents for those properties where it found errors had originally been made.

In the remaining 27 states, where the foreclosure process used is commonly referred to as “non-judicial foreclosure”, homeowners will still get a temporary reprieve from foreclosure as Bank of America, the nations largest lender and loan servicer, has not yet completed its own internal review of the documents and filings used in those proceedings.  But if this latest announcement is any indication, it should not be long before those properties are back on the auction block.

Why are Banks Halting Pending Foreclosure Auctions for Tens of Thousands of Home Owners?

The last week has seen a rash of the nations largest banks and lending institutions publicly announcing that they are delaying foreclosure proceedings for tens of thousands of their borrowers. It first started with an announcement by GMAC that they were suspending foreclosures in 23 states while they reviewed the legal documents filed in the cases for accuracy. Shortly there after JP Morgan Chase announced they too were following suit. Followed by the nations largest lender Bank of America a couple days later.

Why the sudden about face from these lending giants. It starts with a handful of law firms that were hired by these banks to prepare, process and file the necessary foreclosure paperwork with the courts. These law firms have recently come under fire for allegedly providing fraudulent documents and/or affidavits concerning the loans they were foreclosing on. At the heart of the issue is what entity actually holds the legal right to foreclose on these homes. Because of the way loans were packaged and bundled into mortgage backed securities and then sold like stocks on Wall Street, sometimes multiple times, it is quite often difficult to pinpoint the actual legal owner of the note or loan in question without a good bit of research. Many times banks like JP Morgan and Bank of America are only the servicing agent who is collecting the monthly payments from the borrower for the eventual end of the line investor. Rather than research the thousands of individual loan files to determine some of these answers, the law firms in question simply prepared affidavits certifying XYZ Company as the legal owner of the mortgage and they would proceed with the foreclosure process.

Recently several high level executives at these lenders have admitted that they would sign 7000-10,000 of these documents a month without reviewing them for accuracy. Now that the cat has been let out of the bag on this the banks in question have decided it would be prudent to temporarily halt these pending foreclosures to allow them time to verify the accuracy of the information.

This move by the banks will in no way stop the tidal wave of foreclosures happening around the county but will likely push back the inevitable by a couple of months while they sort things out. It is interesting to note that Wells Fargo Home Mortgage has publicly stated that they will not be postponing any of their pending foreclosures and they even took it a step further in announcing that they will no longer issue postponements for a foreclosure that has a pending sale on it. What does this mean for agents or buyers and sellers who are trying to close on a short sale transaction? If you have a short sale pending and it has been approved through Wells Fargo, make sure you close by the date on your settlement letter because there are no second chances anymore.

Fannie Mae & Freddie Mac Temporarily Suspend Foreclosures

Last Thursday the twin mortgage giants Fannie Mae and Freddie Mac announced they were suspending all foreclosure sales and pending evictions beginning on November 26th through January 9th 2008.  Shortly after the announcment I started receiving calls from associates and clients asking me what affect I thought this would have locally on foreclosures.  My answer was not much at all.  Even though Fannie Mae and Freddie Mac own neary half of all loans originated in the U.S., the number of loans in their portfolio that are in foreclosure is actually very small.  It only represents about 2-3 percent of their entire portfolio.

The end result is that approximately up to 10,000 homeowners will have their foreclosure stalled for a few weeks in order to allow time to work out modifications with them.  For those homeowners, this is certainly good news, especially considering the upcoming holiday season.

Many of the people I spoke to were surprised to learn that so few homeowners would be affected by the announcement.  The reason is simple however, the majority of homeowners in foreclosure took out loans that Fannie and Freddie would never dream of purchasing.  They were the no income, no asset, no credit check loans that are the root cause to our current financial market’s collapse.

And no amount of bailout or releif programs are going to be able to help most of those borrowers.  When they couldn’t verify income or assets in the first place, it is highly unlikely they will suddenly be able to now, and one of the major tenants of all of the announced releif programs are that the borrowers must show they are able to qualify for the new loan terms.