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October 2011 - Posts

A Deal That Wouldn’t Sting

A Deal That Wouldn’t Sting
By Gretchen Morgenson, New York Times, Oct. 29, 2011

After months of back and forth, a deal that is supposed to punish large financial institutions for foreclosure misconduct may be nigh.


Foreclosure Failure
By Orange County Register, Editorial, Oct. 28, 2011

Nearly everyone recognized the obvious steps that had to be taken after 2008’s housing disaster: no more loans to unqualified buyers, no more creative financing, no more packaging for resale of securitized mortgages not worth their face value.


MERS Subpoenaed by New York, Sued by Delaware
By Karen Freifeld and Aruna Viswanatha, Reuters, Oct. 27, 2011

MERS, the electronic mortgage registry used by the banking industry, was sued by Delaware on Thursday and accused of deceptive practices that led to unlawful shortcuts in dealing with the foreclosure crisis. New York's attorney general also took action against MERS, subpoenaing the registry this week for information about how it is used by major banks and a foreclosure law firm, a person familiar with the matter said on Thursday.


Obama's Foreclosure Fix Is a Disaster
By Wayne A. Root, Newsmax.com, Oct. 28, 2011

Is an entire country being run based on "marble envy"? As a child I’m willing to bet that President Barack Obama felt shortchanged of his share of marbles. Unfortunately this made him obsessed with taking other kids’ marbles (or as he called it, "redistributing them").

Published Mon, October 31 2011 10:59 AM by Octavion
MERS mortgage registry sued by Delaware attorney general

MERS mortgage registry sued by Delaware attorney general
By David McLaughlin, Margaret Cronin Fisk and Phil Milford, Bloomberg, October 27, 2011

The Delaware attorney general’s office sued Merscorp Inc., which runs a national mortgage registry used by banks, saying its practices are deceptive and hide information from borrowers.

Senators press Obama for swifter REO strategy
By Jon Prior, HousingWire, October 27, 2011

A group of 33 senators sent President Obama a letter Thursday asking his administration and the Federal Housing Finance Agency to expedite pending plans for selling and renting previously foreclosed homes held by the government.

Investors Raising Cash to Buy Government Foreclosures
By Diana Olick, CNBC, October 27, 2011

If only all the confidence swirling around the stock market today could find its way to potential home buyers across the nation; unfortunately it will take more than a little Greek bounce to right what's wrong in housing.

Three people arrested in mortgage, foreclosure scam
By Ed Vogel, Las Vegas Review-Journal, October 27, 2011

CARSON CITY -- Three people were arrested Thursday in Las Vegas and charged with operating a mortgage and foreclosure scam.

Big Four Set to Participate in HARP 2.0
By Carrie Bay, DSNews, October 27, 2011

The industry’s four largest mortgage servicers all say they will be taking part in the revamped Home Affordable Refinance Program (HARP).

Published Fri, October 28 2011 8:40 AM by joelc
Investors show interest in foreclosure plan

Investors show interest in foreclosure plan
By Margaret Chadbourn, Fox Business, October 26, 2011

Big investors are showing interest in an evolving Obama administration plan to sell off foreclosed homes, although the government will have to make the offer sweet enough to coax private funds.

Deloitte Zeros In on Servicing Strategies for First-Time Defaulters
By Carrie Bay, DSNews, October 26, 2011

The economic environment of the last several years has added to the ranks of first-time defaulters.

Occupy Buffalo urges city to avoid Chase, cites foreclosures
By Robert J. McCarthy, BuffaloNews.com, October 26, 2011

 Occupy Buffalo moved its Niagara Square protest into City Hall on Tuesday as a host of groups accused JPMorgan Chase Bank of aggressively pursuing foreclosures rather than working with residents facing hard times.

Occupy Riverside protesters try to stop foreclosures
By Rob McMillan, KABC, October 27, 2011

RIVERSIDE, Calif. — Occupy Riverside protesters surrounded a foreclosure auction in front of the courthouse Wednesday, chanting, singing, yelling and doing anything they could to try to stop foreclosures from going through. 

S&P/Experian: Default Rates Rise for First and Second Mortgages
By Krista Franks, DSNews, October 26, 2011

Default rates for both first and second mortgages increased during the month of September, according to the S&P/Experian Consumer Credit Default Indices.

Dems say Obama administration mulling paydowns to prevent foreclosures
By Mike Lillis, The Hill, October 26, 2011

The Obama administration is mulling ways to promote principal paydowns of mortgage loans to help struggling homeowners prevent foreclosures, according to House Democrats who met with a top housing regulator Wednesday.

Published Thu, October 27 2011 9:14 AM by joelc
4.5 million foreclosed borrowers may be eligible for reviews

4.5 million foreclosed borrowers may be eligible for reviews
By Julie Schmit, USA Today, October 24, 2011

Nearly 4.5 million current and former U.S. homeowners will soon get a chance to have their foreclosure cases reviewed for mistakes and potential restitution.

Rep. Neugebauer: Move the properties not the mortgages
By Jon Prior, HousingWire, October 25, 2011

Rep. Randy Neugebauer (R-Texas) said the Obama administration should be focused on helping the private market move through the backlog of foreclosures instead of merely shifting wealth from investors to borrowers in the new refinancing changes announced this week.

FHFA's Home Price Index Breaks Four-Month Run of Gains
By Carrie Bay, DSNews, October 25, 2011

The monthly home price index from the Federal Housing Finance Agency (FHFA) has recorded its first decline since March.

Squatters exploiting law to lay claim to vacant properties
Wsoctv.com, October 24, 2011

CHARLOTTE, N.C. — Police arrested 38-year-old Carlos Weathers on Sept. 30, charging him with breaking and entering at an apartment on Churchill Downs Court in east Charlotte.

NY AG expects 'meaningful relief' from investigations of mortgage industry
By Kerry Curry, HousingWire, October 25, 2011

New York Attorney General Eric Schneiderman said he expects to obtain "real meaningful relief"  from his investigation of the nation's largest banks and mortgage servicers. Schneiderman, who said he wouldn't be surprised to see more investigations, was a guest Tuesday night on the "Rachel Maddow Show" on MSNBC.

Published Wed, October 26 2011 9:11 AM by joelc
Mortgage refinancing to get easier under revised U.S. program

Mortgage refinancing to get easier under revised U.S. program
By Jim Puzzanghera, Don Lee and Alejandro Lazo, Los Angeles Times, October 25, 2011

The Obama administration is launching yet another high-profile campaign to shore up the housing market -- and with it, the economy -- by making it easier for some struggling homeowners to refinance underwater mortgage loans at today's ultra-low interest rates.

Case-Shiller Continues to Record Improvements in Annual Price Changes
By Carrie Bay, DSNews, October 25, 2011

The annual rate of change in home prices continues to show improvement, according to Standard & Poor’s.

Why Politicians Don't Want to Touch the Housing Crisis
By Molly Ball, The Atlantic, October 25, 2011

Barack Obama would have you believe that Mitt Romney is a heartless zillionaire who doesn't think the government should do anything about Americans losing their homes to foreclosure. Romney would have you believe that the foreclosure problem is yet more evidence of Obama's failure to heal the economy.

Foreclosure prevention program under scrutiny
By The Associated Press, Miami Herald, October 24, 2011

ST. PETERSBURG, Fla. -- A judicial committee determined that Florida's Supreme Court mediation program to prevent foreclosures should end because it's not keeping homeowners in their houses.

California housing agency forcing foreclosures
By Marc Lifsher, Los Angeles Times, October 24, 2011

A state agency that provides low-interest mortgages is foreclosing on a small number of clients even though they are making their monthly payments, a state Senate watchdog group reported.

Distressed home sales push down price data
By Jim Buchta, Star-Tribune, October 24, 2011

Prices on distressed sales in the Twin Cities have fallen three times more than prices on traditional deals in the past few years, a report revealed Monday, underscoring the impact foreclosures and short sales have had on the local housing market.

Published Tue, October 25 2011 9:34 AM by joelc
FHFA removes barriers to refinance more underwater borrowers

FHFA removes barriers to refinance more underwater borrowers
By Jon Prior, HousingWire, October 24, 2011

The Federal Housing Finance Agency removed several key barriers to the Home Affordable Refinance Program Monday to allow more underwater borrowers to move into lower-rate mortgages.

HUD Offers REO Homes for $100 Down in Select States
By Carrie Bay, DSNews, October 24, 2011

HUD has approved a program aimed at putting foreclosed homes back into the hands of owner-occupant buyers.

Obama’s efforts to aid homeowners, boost housing market fall far short of goals
By Zachary A. Goldfarb, The Washington Post, October 23, 2011

It was a critical plan to jump-start the economy.
President Obama pledged at the beginning of his term to boost the nation’s crippled housing market and help as many as 9 million homeowners avoid losing their homes to foreclosure.

Real estate agents learning fine art of 'cash for keys'
By Jane Hodges, MSNBC, October 21, 2011

When Mary Poland-Smith went into real estate 14 years ago, she never imagined that part of her job would involve handing out “cash for keys,” to persuade former home owners or renters to vacate their premises.

DNC Hits Romney on Foreclosure Comments
By Caitlin Huey-Burns, October 21, 2011

The Democratic National Committee is stepping up its offensive on Mitt Romney, attacking the Republican presidential candidate for saying earlier this week that the government should let the foreclosure process "run its course." The DNC launched a website Friday dedicated to hitting Romney on the issue.

Published Mon, October 24 2011 10:28 AM by joelc
Buy House, Get a Visa

Buy House, Get a Visa
By Nick Timiraos, Wall Street Journal, Oct. 20, 2011

The reeling housing market has come to this: To shore it up, two Senators are preparing to introduce a bipartisan bill Thursday that would give residence visas to foreigners who spend at least $500,000 to buy houses in the U.S. The provision is part of a larger package of immigration measures, co-authored by Sens. Charles Schumer (D., N.Y.) and Mike Lee (R., Utah), designed to spur more foreign investment in the U.S.


California Subpoenas BofA Over Toxic Securities
By Alejandro Lazo and E. Scott Reckard, Los Angeles Times, Oct. 20, 2011

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.


Behind the Numbers: the Housing Crash Continues
By Dawn Wotapka and Alan Zibel, Wall Street Journal, Oct. 20, 2011

Here’s even more bad news for housing: Sales of previously occupied homes in the U.S. fell last month. September’s existing-home sales decreased by 3.0% – more than expected – from a month earlier to a seasonally adjusted annual rate of 4.91 million, the National Association of Realtors said Thursday.


Massachusetts Supreme Court Strips Foreclosure Buyer Of Property
By Daniel Fisher, Forbes, Oct. 20, 2011

As the nation’s housing market struggles to find bottom amid a glut of foreclosed property, the Massachusetts Supreme Judicial Court has issued a ruling that will make it even harder for lenders in that state to sell properties for  market value. The state’s highest court, in Bevilacqua v. Rodriguez, held that Francis Bevilacqua, who bought a foreclosed home from U.S. Bank in 2006, never actually obtained title to the property because the lender had filed for foreclosure a few weeks before it obtained an “assignment of mortgage” securing the loan. Sticking strictly to the form of the law, the court ruled that if U.S. Bank didn’t own the mortgage when it filed for foreclosure, then it couldn’t subsequently transfer title to Bevilacqua even though he paid for the property.

Published Fri, October 21 2011 8:14 AM by Octavion
Sept. Existing Home Sales Fall 3 Percent

Sept. Existing Home Sales Fall 3 Percent
By Jason Lange, Reuters, Oct. 20, 2011

Existing home sales fell more than expected in September as banks tightened lending standards ahead of the removal of some government support for mortgages, the National Association of Realtors said.


States Near Foreclosure Deal with Banks
By Aruna Viswanatha, Reuters, Oct. 19, 2011

Talks between states and top banks over mortgage abuses are nearing agreement on resolving a major sticking point that has bogged down settlement negotiations for more than a year. A deal could be reached by the end of the month, according to three people familiar with the talks.


The Sweep-It-Under-the-Rug Housing Plan
By Adam Levitan, Credit Slips, Oct. 20, 2011

There is $700 billion in negative equity in the US. That is the critical figure. Any housing plan that doesn’t take a serious bite out of that $700 billion isn’t worth discussing. It’s just window dressing. And that’s exactly what the latest iteration of the Tom Miller-led AG mortgage servicing settlement is.


Next Generation of Homeowners Are Freaked Out
By Michael S. Derby, Wall Street Journal, Oct. 19, 2011

A new paper by Federal Reserve Bank of Boston economists used consumer sentiment data collected in the Michigan Survey of Consumers over the summer to try to find out how the housing market’s terrible state of affairs was affecting the willingness to buy a new home.


Is Bank of America Preparing for a Chapter 11?
By Christopher Whalen, Reuters, Oct. 19, 2011

Bank of America has managed to step into the kimchee several times over the past couple of months, an achievement that only warms the hearts of crisis communications professionals.  First came the abortive settlement of $10 billion or so in put-back claims by some large investors.  The State of New York and anyone else paying attention intervened.  Settlement is now mostly muerto in political terms, although the big investors are still paying the big lawyers to soldier on in hope of forcing a settlement on all parties.  Only in New York are such things possible.

Published Thu, October 20 2011 9:49 AM by Octavion
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Toxic Titles: Home Sale After Bad Foreclosure Isn’t Valid, Court Rules

Home Sale After Bad Foreclosure Isn’t Valid, Court Rules
By Thom Weidich, Bloomberg News, Oct. 18, 2011

A Massachusetts man who bought property in a faulty foreclosure sale isn’t the true owner and so doesn’t have the right to sue over it, the state’s high court ruled. The Supreme Judicial Court, which in January found that banks can’t foreclose on a house if they don’t own the mortgage, went one step further in a closely watched case and said a sale after that foreclosure doesn’t transfer the property. Therefore, the buyer couldn’t bring his court action against a previous owner, the court ruled.


Housing Starts Jump 15%, Hit 17-month High
By Steve Goldstein, Market Watch, Oct. 19, 2011

Housing starts surged 15% in September to the highest level in 17 months, according to government data released Wednesday, as increased demand for rental stock as well as rebuilding after Hurricane Irene contributed to the upturn.


Mass. A.G. Coakley May Sue Lenders for Foreclosure Abuses
By Jenifer B. McKim, Boston Globe, Oct. 18, 2011

Massachusetts Attorney General Martha Coakley said she is preparing to sue some mortgage lenders for foreclosure-related improprieties, including allegations that the companies have threatened homeowners with property seizures and unwarranted fees even after granting them permanent loan modifications.


Number of Californians Entering Foreclosure Jumps in Third Quarter
By Alejando Lazo, Los Angeles Times, Oct. 18, 2011

A big August surge in foreclosure actions by Bank of America and Bank of New York sent the number of California homeowners entering foreclosure to levels not seen in a year. The third-quarter jump in notices of default, the first formal step in the foreclosure process, came after such filings had dropped to a three-year low earlier this year. Defaults were up 25.9% from the prior quarter, according to according to San Diego-based DataQuick, a real estate information service.

Published Wed, October 19 2011 8:24 AM by Octavion
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Mortgage Refinance Doesn’t Belong in the Settlement Talks

Mortgage Refinance Doesn’t Belong in the Settlement Talks
By Felix Salmon, Reuters, Oct. 18, 2011

The WSJ has the latest mortgage-settlement trial balloon, and it’s pretty weak tea: under the terms of the deal, if (a) you’re underwater on your mortgage, and (b) you’re current on your mortgage payments, and (c) your mortgage is owned by the bank outright, rather than having been securitized, then you would be given the opportunity to refinance your mortgage at prevailing market rates.


Fannie and Freddie, Still the Socialites
By Gretchen Morgenson, New York Times, Oct. 15, 2011

The mortgage business is moribund. New loans are down. New foreclosures are up. But why let a little sorry news get in the way of a good party? Last week, almost 3,000 people descended on the Hyatt Regency in Chicago for the 98th annual convention of the Mortgage Bankers Association. The price of admission: about $1,000 a head.


Short Sales Rise in ‘Dramatic Shift’ That May Boost U.S. House Prices
By Kathleen M. Howley, Bloomberg, Oct. 17, 2011

U.S. home prices may get a boost from an unlikely source: a pickup in sales of properties in default before they reach the stage where they are repossessed by the bank and sold.


It's Time To Finalize The Robo-Signing Settlement
By Todd Zywicki, Forbes, Oct. 17, 2011

After months of wrangling, a multi-state settlement of the mortgage foreclosure “robo-signing” fiasco finally appears to be at hand that will punish banks for these seemingly-careless foreclosure practices, and break the litigation logjam that continues to drag down a housing market recovery. \


Vast Shadow Inventory Threatens Miami's Real Estate Recovery
By The Real Deal, Oct. 17, 2011

While Miami sales activity has been improving, there's a shadow lurking behind the residential real estate recovery, the Miami Herald reported. Specifically, more than 200,000 homes are either owned by lenders or headed for foreclosure in Miami compared to a current inventory of about 30,000 listed on the active market.

Published Tue, October 18 2011 8:29 AM by Octavion
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