Yesterday, the House voted to terminate the FHA Refinance Program by a vote of 256-171. This is one of a number of upcoming votes in the House to eliminate foreclosure mitigation programs. Only one Republican, Joe Heck of Nevada, whose district features one of the worst foreclosure crises in the nation, voted to retain the program. 18 Democrats went along with termination. Another measure on the floor today would cancel out the Emergency Homeowners’ Relief Program, which is a HUD measure.
The White House has promised a veto, so this and other House bills are a bit like spitting into the wind. But the problem with defending these Administration foreclosure programs is their inability to do the job. For instance, this program, which actually has some OK provisions to refinance underwater mortgages where the homeowner is current into sustainable FHA loans, has used just $50 million of the over $8 billion available. Because they again work on a discretionary basis, the Administration puts itself at the mercy of a corrupt servicer industry to decide whether or not to grant the loan modifications or the refinancing.
Similarly, incentives for short sales, where the borrower can quickly sell a home for less than they have left on their mortgage, are running into problems with completion. This is from a letter from the president of the California Association of Realtors:
Unfortunately, many homeowners are unable to successfully negotiate a short sale. According to a recent survey of 2,150 California REALTORS® who have assisted clients with a short sale, only three out of five transactions closed – even when there was an interested and qualified buyer.
What’s the problem? For one, no two mortgage agreements are the same, so it can be difficult to standardize short sale processes and procedures. Many homeowners have second mortgages, which further complicate matters. Then there’s the challenge of convincing multiple parties to take a financial loss or, in the case of loan servicers, to forego fees they otherwise might earn during the course of the foreclosure process. Poor and slow service by many banks and servicers has only exacerbated the problem. Horror stories abound from potential homebuyers and REALTORS® forced to wait 90 or more days for a response to a purchase offer or being required to fax short sale applications or other paperwork as many as 50 times. These delays discourage potential homebuyers from considering a short sale purchase.
In many cases, the servicers and the GSEs are just not complying with federal guidelines. The mortgage market has basically become like the Wild West – there’s no real monitor on the side of justice, so every actor is just going their own way and maximizing short-term profit, even when that is to the detriment of the housing market and the economy. Programs from the government that fail to address this aren’t terribly useful.
In fact, because all these servicers are running into a wall of legal trouble of their own causing, not only is the housing market stalled, but foreclosures have dropped significantly. As Yves Smith points out, this reveals how dysfunctional the servicers are right now. The foreclosure mill law firms that they used to contract work out to are bugging out, judges are asking them for more and more verification, and new investigations pop up every day:
Prosecutors have launched an investigation into a complaint that more than 1,000 deeds for homes foreclosed upon in Maryland were improperly executed — the latest development suggesting widespread problems in the way foreclosures have been handled in the state.
The complaint, filed last week by a paralegal formerly employed by the Shapiro & Burson law firm, lays out allegations that attorneys who were supposed to be signing deeds and key foreclosure paperwork for Maryland properties instead instructed others to falsify their signatures on the documents.
Mike Konczal has two very good stories about the problems with mortgage servicing: one on Carrington, a really terrible subprime securitization specialist, and one about Dana Milbank and what his refi problems reveal.
The larger point here is that the servicer industry is horribly broken, and all of the government’s foreclosure mitigation programs rely on a functional servicer industry. That’s why I can’t get too amped up about their cancellation.




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will no corporation be held accountable?,and this just in today with Sat news dump
via Truthdig:
Lehman Execs May Escape Charges
Posted on Mar 12, 2011
Who, me? Former Lehman CEO Richard Fuld Jr.
Officials at the SEC have begun to doubt that the agency can prove that executives of the now-defunct Lehman Brothers investment bank broke the law after the company allegedly moved billions of dollars off its balance sheet.
If Lehman Brothers executives do escape prosecution, it will only add to a long list of Wall Street wheeler-dealers who have found a way to avoid punishment. —JCL
No one has gone to jail yet(execpt Bernie the bungler) and ya know ya just haveta look forward not back… It is the new Mantra of the Uber asses, unlike in the S&L days… At lest a bunch of insiders went to jail. But with BO & Holder “Tea-bagging” it for the Rich they will get away with stealing all our money and anyway to rise to the top. Ya know like education for the kids!!
prison time is for serfs,look Clarence Thomas thinks taxes are quaint
And only the bottom feeders should pay them.. Just ask the KochRoach brothers..
test
Yes, the Koch’s only pay taxes at passive income rates, a flat rate of 15%
As Yve points out in her series of articles, servicers make a loss when dealing with either a high volume of workouts or when actually providing quality services to each customer. They are mills, geared to low-cost, high-volume, minimal service with cookie cutter documents.
Yve’s argument is that overpromising levels of service, combined with high need for them, leads them, in effect, to lie, cheat, steal and overcharge their way to profitability. (Ordinarily, that should make them a target for state and federal prosecutors.) They charge both customer and bank, for example, for services their contract allows them only to charge the bank. They overcharge. Like banks, they invent fees and process payments in ways that maximize those fees and reduce the customer dollars that go toward repaying principal and legitimate interest.
But the feds keep their toes firmly on the industry written line: nothing to see here, no problems in foreclosures, workouts or loan servicing, Move along.
Paying 35% instead of 15%, let’s see, the difference is 20%. Conservatively invested, $20 billion would return $1 billion a year. Rumor has it they make rather more. The annual tax they avoid paying through “tax planning” is $200 million.
If the Kochs spend $100 million a year each on lobbying, political donations, media campaigns and think tanks, and avoid paying $200 million a year in taxes, they’re making 100% return. Odds are they spend less and still save that much in tax. Even EOH could buy a lot of personally favorable representative government for $100 million. I could even buy a bevy of state governors and legislatures. Same story for the Waltons, the Facebook guys, ad nauseum. I might have a little left over for an FDL dinner. But my priorities don’t match the Koch’s. Their cash flow depends on and is maximized by regulation and liability free resource extraction.