An excellent investigative report by Paul Kiel and Olga Pierce at Pro Publica reveals that mortgage services rarely follow the rules of HAMP, the government’s foreclosure-mitigation program.
For example, all homeowners who are rejected are supposed to receive a formal denial from their mortgage servicer, according to the program’s rules. But 136 homeowners reported that they had been rejected from the program without receiving a formal denial. Additionally, homeowners reported more than 1,000 instances of mortgage servicer errors, including losing documents and giving false information.
ProPublica received detailed responses from 373 homeowners — all of whom applied to get a modification through the administration’s foreclosure prevention program — and they tell a consistent story. Seeking a modification has been an infuriating, stressful nightmare: a black hole of time lost repeatedly calling an 800 number, faxing and mailing the same documents over and over, and coping with the ramifications of errors made by poorly trained bank employees.
Here’s what those homeowners told us:
• On average, they’d been seeking a modification for more than 14 months. The process is designed to last only a few months.
• Homeowners seeking modifications reported having to send the same documents nearly six times on average.
• 175 homeowners say they were advised, incorrectly, to fall behind on their mortgage in order to qualify for a modification.
The only difference between the information Pro Publica acquired and what I’ve heard from folks anecdotally since writing about HAMP is the volume. This tracks precisely with my discussions with borrowers. The servicers ask for the same documents over and over, give false information designed mainly to string the borrower along, leave those seeking help hanging for months if not years to hear a response, and basically violate the guidelines of the program. In some cases, the servicer denies a permanent loan modification due to lack of documents that they never even asked for. In others, the servicer never sends an actual rejection letter – just leaves the borrower in limbo, not knowing if they’ll ever get a permanent modification.
And here’s the money quote: “Despite violations of the program guidelines such as the extended trials, the Treasury Department has not penalized any servicers.”
Not only have the servicers not been penalized, but HAMP and the additional programs put in place to stop foreclosures and save homeowners from losing their residences actually reward the lenders more than anyone else.
Banks will get the biggest benefit from an Obama administration housing program designed to help unemployed homeowners escape foreclosure.
Housing experts expressed concern that banks, not homeowners, will be helped by the White House’s $3 billion funding infusion — $2 billion from the Treasury Department and another $1 billion from the Housing and Urban Development Department — going to those states hit hardest by the housing market crash and unemployment.
“Giving money to the banks isn’t what the government should be doing right now,” said Dean Baker, co-founder of the Center for Economic and Policy Research.
While the no-interest loans are better than the predatory lending schemes that HAMP and other programs have turned out to be, the borrowers cannot use the loan money on anything but paying off their mortgages, making it a pass-through to the banks.
The types of programs that would force banks to take haircuts, or write down the principal (lest someone else writes it down for them), haven’t materialized.



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Despite all the spiel about partisan gridlock, this is something Obama and his economic ‘team of rivals’ could do something about immediately and with dramatic effect.
Warren was an early critic of HAMP so the administration really can’t say that it doesn’t know. If they don’t take action, you would have to question either their competence or their compassion.
I think the front-runner must be their competence because it is such an obvious winner for the Democrats.
Have I got a story for you, David! But first, what all do you know about the sweeteners that the government put in to convince the banks to cooperate in modifications? I ask because I applied for a modification in January, so they stopped posting my mortgage payments to my regular mortgage account before they even got the full application back on February 12. I believe they did this in order to generate “late fees” which started showing up on my transaction history on February 11, even though none of my payments have ever been late. First their reps told me that my mortgage pmt was not posted to my account until Mar. 16. When I called them on it, they backtracked and decided it was posted 2/11 (although my bank statement shows it left my checking acct on the 5th. Since it was sent to them electronically, I don’t know how this could have any relationship to the truth). Once I proved to them (requiring at least an hour and a half of my time on the phone for this situation alone!) that I was right and their record keeping was just sloppy, they fixed the problem and credited me with that one late fee. However, they continued to charge late fees of increasing amounts every month since regardless of the fact that I’ve never missed a payment or been late with one.
The real kick came when they gave me the supposedly good news (well, it felt like good news at the time) that I was now in the “trial period” stage of the process. First, let me stop right here and say that I am in the program because my mortgage payment exceeded 31% of my income from all sources. As I’ve stated, I’ve never missed a payment or paid late because I always pay the mortgage before I pay anything else. I can fudge on food or dodge on drugs, but my mortgage must be paid because shelter comes first for me, especially because I have severe COPD and need to be on oxygen 24/7. My income comes mostly from Disability, a small pension, and a part time job I took because I needed to afford my meds. So essentially, can anybody tell me why I need a trial period? If I’ve never paid late or failed to make a payment, surely I can make the $107.79 lesser payments I would have if the modification goes thru!
But here’s the kicker: when they told me I would be in the trial phase, she also said that she was setting up the 3 trial payments for April, May and June to go electronically from my credit union to them. I agreed that this would be okay. However, the April pmt that she set up for some reason triggered an autopay that I had set up with my CU to pay my mortgage. The way it is supposed to work is that the pmt goes to my lender automatically as soon as I tell my credit union to send it. Unfortunately, for some reason, the program saw the lender’s request for a payment as my approval, so it sent both my normal house pmt ($107.79 more than the new lower amount) and the new lower pmt the lender was requesting. I realized what happened within a couple of weeks and requested that BofA send me the higher pmt back or send it back to my CU where they got it from. I’ve been in a dispute with them ever since this incident.
This is just the tip of the iceberg, but I expect I will be doing a diary of my own regarding the program’s ineffectiveness. However, I was wondering why some ambitious young lawyer doesn’t see this as an opportunity to file a class action lawsuit on behalf of folks who are being so terribly played by the big banks? I was also wondering if I am correct to assume that all those so called “late fees” (totally bogus though they may be) that I’ve been told numerous times will disappear as soon as the program is completed are not going to be eaten by BofA but will be billed to the government as part of their compensation for participating in the program. Keep in mind that these fees started out at $29.87 for the first 3 months, went to $59.74 for the next 3 months, and goes to $89+ for the next 3 months. I believe that would explain the banks dragging their feet on ever coming to a finish line for the loans, and why you’re initially told the program would take 3-6 months, but it’s taking much longer.