Given the horror stories I’ve heard about HAMP, I’m surprised at how low this number actually is. And since it’s based on self-reporting, we can certainly assume that. According to the Congressional Oversight Panel, over 29,000 Americans in “trial” HAMP modifications with servicers have been stuck in this limbo for over a year. The HAMP rules dictate that trial modifications last only 3 months. But for (at least) 29,000, those trial mods have lasted four times as long, with no end in sight.
Now, let’s understand how this helps the servicers. They get to increase late fees for homeowners paying reduced mortgage payments. They also get to store up thousands of dollars that they can demand from the borrower if they reject a permanent modification. This buildup gets tacked on to the unpaid principal balance for accounting purposes, and can actually move the servicer against a permanent modification, when the servicer runs the formula to see if the borrower can afford to stay in the home. In other words, they’re creating a situation where the borrower cannot afford the payments, based on their own delays.
When the modification gets rejected, this places the borrower in an impossible position of owing thousands of dollars immediately, making them vulnerable to agreeing to whatever the servicer wants in order to save their home. And the servicer reports them to credit reporting agencies as delinquent for this whole time, ruining their credit score.
So, the Treasury Department has the ability to sanction servicers for not following the rules in this fashion. But do you know who actually handles the policing of HAMP? The mortgage industry.
American Banker’s Kate Berry uncovers a stunning factoid today: the nonprofit Homeownership Preservation Foundation, the official body charged with resolving disputes over HAMP modifications, was founded by ResCap and to this day is run by GMAC and other finance officials from within the mortgage industry.
No one involved even bothers to dispute the conflict of interest, one of many that have plagued the Treasury Department’s Home Affordable Modification Program, or Hamp.
“Because we’re supported by the industry, are we really working for the homeowner?” asked Bruce Paradis, the foundation’s chairman, who retired as CEO of ResCap in 2007.
The CHAIRMAN of the foundation questions the conflict of interest for his own organization. The Homeownership Preservation Foundation barely even resolves disputes at all; it provides “counseling” and attempts to “escalate” complaints from homeowners. But the escalation, a byzantine process, eventually just goes to the servicer, who makes their own judgment on whether they want to pursue a new solution. In other words, after a homeowner complains about mistreatment in HAMP, “it’s escalated all the way back to the very entity which was being complained about in the first place.”
You can read about the whole sad process over at Felix’ place. The point is this – there’s basically no process where a homeowner can satisfy a complaint for servicer abuse in HAMP. The Treasury Department, to date, has sanctioned no servicer for their conduct in HAMP. If you enter the program, you’re basically on your own. Al Franken has tried to create an Office of Homeowner Advocate, but for the time being the entity taking that position is literally owned by the mortgage industry.
No wonder people are looking at strategic defaults as a more viable option.




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Is it the case that the homeowners are rejecting the mod offers? I thought the trial process was supposed to last only 3 months.
It is unfair and outrageous that some families are homeless through real estate racketeering! Whether or not some people never should have been given mortgage loans it is urgent to look white collar fraudulent foreclosure activities. –http://chn.ge/eU2zAm
Certain PREDATORY mortgage loans were issued for the very purpose of loan default so that properties can become flipped, repeatedly (hence blight); lenders gain tax credits, mortgage-default insurance, and more. Additionally, too often, not only has the lender NOT filed foreclosure, certain homes wound up being flipped by the foreclosure mill lawyers who execute simulated auctions whereby “straw buyers” fraudulently “credit bid”! Also, illegal, fraudulent foreclosure causes useless deeds for property sales; title insurance denials, etc.
It is outrageously unfair when families become homeless because of fraudulent foreclosure proceedings filed by lawyers in civil and in bankruptcy courts!!! Scores of homeowners do not contest foreclosures because they have no legal knowledge to recognize challengeable foreclosures or fraud; no means to pay for attorney representation; they are told to come to foreclosure auctions with money they do not have, so they stay away from foreclosure auctions.
White collar foreclosure fraud entails intentionally fraudulent foreclosures naming defunct mortgage companies, or having no ownership of notes; unfair fees beyond “Acceleration Clauses” that impairs borrowers’ ability to repay arrears; falsified Bankruptcy Court motions to “Lift Stay” for accomplishing”simulated” foreclosure auctions via “straw buyers.”And lawsuits against foreclosure lawyers for fraud and “Unfair Debt Collection Practices,” generates more lawyer fees.
Foreclosure lawyers are court officers, and required to know laws and civil procedure –lenders and servicers AREN’T. Lawyers are the ones who file lawsuits to seize and sell property; and they file and record property deeds after auctions. *Request for Congressional Foreclosure Panel to Examine Foreclosure Lawyers @ http://www.change.org/petitions/view/request_for_congressional_foreclosure_panel_to_examine_foreclosure_lawyers#
“The HAMP rules dictate that trial modifications last only 3 months. But for (at least) 29,000, those trial mods have lasted four times as long, with no end in sight.” Fourth line, first paragraph.
David, thanks so much for bringing this story for us.
‘The Treasury Department, to date, has sanctioned no servicer for their conduct in HAMP.’
Who? Turbo Taxless Timmy? He sees no problems. He stated on camera there is no problem. All this helps to “clear the market”. In otherwords, put the people out in the street so the banks can take and resale, and then remortgage and stock sale again!
OT– From “Mobile woman sues Bank of America over foreclosure” (By Dan Murtaugh for the Press-Register, Dec. 19, 2010):
Question: Is it normal for the pre-trial proceedings to be conducted this way?
In your state maybe. Not in CA. No lawyers involved in foreclosures.
CA and much of the west is non-judicial foreclosure territory.
I do wonder, when the Bankruptcy law changed,
Was it concurrent with massive origination of loans that were clearly designed to fail?
I’d say yes…that would also explain the vociferous opposition to residential loan cram downs by the mortgage industry…
Wikileaks, where are you with that Bank document dump?
Have you seen this post?: “This Holiday Season, Give the Gift of Legal Aid for Foreclosure Victims.”
My wife and I were in a trial mod w/ BoA for over a year until just this month, probably one of those 29,000 reported above. We didn’t have a “zero down” or “no paper” loan. My rate was 8.25 and when my wife’s business took a big hit in 2008 we fell behind on our payments, we sought a mod b/c we couldn’t qualify for a re-fi. We submitted all the proof of income, debt, tax returns and banking info, and were given the run around for several months. First they rejected the original proposal then enrolled us in the “Freddie Mac backup HAMP” sometime in June. While we waited for an answer, they reported us over 120 days late and far more in arrears than we actually were to the credit bureaus. After 12 months and reading David’s reporting here I started shaking the tree. I wrote to my congressman Lloyd Doggett, who wrote back expressing outrage and suggested I file a complaint w/ the Office of the Comptroller of the Currency, which I did. I also had problems with the way trial payments were being credited which was increasing my unpaid interest balance, so I submitted a Verified Written Request under RESPA for an explanation. Weeks passed an neither of those seemed to net any result, then I stumbled upon a blog that had the CEO (Bryan Moyhihan) of BoA’s e-mail address posted. I thought it was bogus but I sent my OCC complaint to him anyway, and to my amazement it did not bounce back. About a week later I got a message from BoA’s “Executive Customer Relations” dept. When I returned the call the person’s voice mail would not let me leave a message. We played phone tag a few times but never made contact. A week later I got a letter saying my loan mod had been approved but they wouldn’t make any corrections to my credit report, saying we had missed several of our trial payment, which was untrue. I wrote back sending copies of canceled checks for all the trial payments we made but never heard back from them. The servicer had since reconciled and corrected the unpaid interest balance before they rolled it into the modified loan. I have no idea which of the avenues I pursued netted any results here, if any, but thought my experience was worth sharing. I especially thank David for his superb reporting on this fiasco. The lesson here is: don’t wait. If you’ve been hanging on threads for longer than 3 months waiting for loan mod approval, then take appropriate action now.