Deadbeat Friendly

Written by Jim the Realtor

March 24, 2011

From HW:

Four Republican attorneys general participating in the investigation into mortgage servicing practices wrote a letter to Iowa AG Tom Miller stating that the proposed settlement is too strict.

Florida AG Pam Bondi, Texas AG Greg Abbott, Virginia AG Kenneth Cuccinelli and South Carolina AG Alan Wilson sent the letter Tuesday explaining among other claims that homeowners would strategically default on the mortgage in order to take advantage of the consumer-friendly terms.

The 50 state AG investigation came after the largest mortgage servicers were found last fall to be foreclosing on homeowners improperly through faulty affidavits. Lenders conducted reviews of their processes and have begun to correct the affidavits, but in February, Miller and several core offices participating in the investigation sent a proposal to the banks outlining a possible settlement.

The terms included an end to pursuing a foreclosure while borrower was being evaluated for a modification. Considering a borrower for a workout, including a principal reduction, would be mandatory before foreclosure as well, and a decision on modification must be made within 30 days of receiving documentation.

But not a consensus among the AGs has been elusive. The four signing the letter this week complained Miller and the other offices overstep their bounds.

“Because of the term sheet’s vague principal reduction standards, some homeowners may simply default on their loan and use the States’ agreement to obtain a principal reduction— whether or not they actually made an effort to maintain their mortgage,” according to the letter.

The four AGs go further, saying the terms do not address the nature of the investigation. Modification proposals would not remedy the violations banks made, and while they admit the terms, many of which they do agree with, act as a starting point, some proposals should be scaled back, according to the letter.

“In our view, the fifty-state working group has a unique opportunity to address the mortgage servicers’ legal and financial malfeasance on a national scale—but we are concerned that expanding beyond the scope of our already expansive charge may ultimately undermine the effectiveness of our law enforcement efforts,” the letter reads.

5 Comments

  1. Jim the Realtor

    I keep following this story because I think it’s going to be the last stand for government intervention.

    If they can get this right (penalizing the banks without encouraging defaults), hopefully the real estate market will be left alone, going forward.

    At this stage of the game, I think it would have to be a severe double-dip for the tax credit to re-surface, and I think the banks have had enough money thrown their way.

    I don’t think QE3 will have much impact on housing, other than keeping rates lower.

  2. livinincali

    Previous 2 QE’s have done little for the long end of the yield curve. Actually during QE1 and QE2 the yield curve on the 10 year and 30 year went up.

    I’d like to see the AG’s investigate and criminally prosecute the Mozillo’s of the world but they don’t seem to be interested in prosecuting the well connected. If we don’t penalize the people responsible the frauds are likely to happen again.

    As for the moral implications of loan mods and principal reduction, I’d like to see the government get out of it completely. If a bank decides it’s in their best interest to give a principal reduction let them go ahead and do it. If not follow the standard foreclosure proceedings and move on. Let people be responsible for their good and bad financial decisions, society doesn’t have enough money to bail all the bad decisions out.

  3. Genius

    I remember back in the day when I used to be happy after stopping by bubbleinfo. I was really hoping things would unfold differently than they did.

  4. Thaylor Harmor

    How to stop foreclosure crisis…how about actually foreclosing within 90 days…period.

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