Foreclosure Review Deadline Extension and Details Released

The Office of the Comptroller of the Currency (OCC), one of the Federal regulators that took enforcement action against large residential mortgage servicers for unsafe and unsound practices related to residential mortgage loan servicing and foreclosure processing, announced today that they have extended the deadline for borrowers to request an Independent Foreclosure Review (IFR) until September 30^th, 2012.

This announcement is so new that as of today, even the official IFR website still states that the deadline is July 31^st.

More importantly, the OCC and the Fed have released a “Financial Remediation Framework” document which outlines the possible remedies borrowers can expect to receive - and the financial compensation they may be eligible for - as a result of the IFR process.

For months, consumers and their advocates have asked us - why bother??  And now the answer is clear... the financial 'remedy' consumers may receive if the independent review finds that their lender committed an error in their foreclosure process can be SUBSTANTIAL - - Up to $125,000 plus equity losses!

For additional information about IFR... view our past blog posts here and here.

If you were in the foreclosure process in 2009 or 2010... don't let this opportunity slip by.  Contact us today to learn more.

Independent Foreclosure Reviews

Banks have begun complying with enforcement action.  Homeowners may be able to receive compensation on foreclosures conducted in 2009 and 2010


Under enforcement actions taken by the Office of the Comptroller of the Currency (OCC), the Federal Reserve, and Office of Thrift Supervision, more than a dozen large mortgage servicers are required to correct a number of problems with their servicing, loss mitigation and foreclosure processes.  These servicers are also required to engage independent firms to conduct reviews of foreclosure activities that took place during 2009 and 2010. 


Borrowers are eligible to submit a Request for Review to the independent consultants IF:

1. their loan was serviced by one of the 14 servicers or their affiliates (see list below), 
2. the property is, or was, their primary residence, and 
3. their loan was “active in the foreclosure process” between 1/1/2009 and 12/31/2010.
   
   Active in the process can mean:

• Sheriff’s sale occurred on the property
• Loan was referred to foreclosure but the sale did not take place due to a payment plan, modification, or non-retention option; and 
• Loans were referred to foreclosure but are still in delinquency.

BE CAREFUL!!
National media outreach will begin soon, and millions of homeowners will be notified by mail about the review process and will receive instructions for submitting a five-page Request for Review Form. As with any major announcement of this kind, we anticipate a number of copycat services and scams to pop up.


The independent reviews are free of charge and homeowners should never have to pay for foreclosure intervention services. 


If anyone asks you to pay for their help with a review... or sends you to a website other than the national website that has been set up by the OCC, be careful... it might be a scam!


The national website is: http://www.independentforeclosurereview.com/


Additional Information:
Requests for Review must be received by April 30, 2012. The independent consultants will confirm receipt of the form within one week, though the full reviews are expected to take several months to complete. The consultants will evaluate whether the homeowner suffered financial injury through servicer errors, misrepresentations or deficiencies in their foreclosure practices. In cases where findings indicate a homeowner suffered financial injury as a result of servicer practices, compensation or other remedies will be provided. The exact form of remediation is uncertain.


A copy of the OCC news release is here. 


Participating Lenders and Servicers (As of 11/2/2011)
     America’s Servicing Co.
     Aurora Loan Services
     Bank of America
     Beneficial
     Chase
     Citibank
     CitiFinancial
     CitiMortgage
     Countrywide
     EMC
     EverBank/EverHome Mortgage Company
     GMAC Mortgage
     HFC
     HSBC
     IndyMac Mortgage Services
     MetLife Bank
     National City Mortgage
     PNC Mortgage
     Sovereign Bank
     SunTrust Mortgage
     U.S. Bank
     Wachovia Mortgage
     Washington Mutual (WaMu)
     Wells Fargo Bank, N.A.

As always... if you have any questions about this Independent Foreclosure Review or are looking for ways to prevent the foreclosure of your home, contact a FREE, Non-Profit foreclosure prevention counselor that is a member of the Homeownership Advisors Network!  To find your local counselor, click here.

Loan Modification Success Rate

If you have some time to kill... feel free to read through the page-turner known as the:

"Office of the Comptroller of the Currency and Office of Thrift Supervision Mortgage Metrics Report, Disclosure of National Bank and Federal Thrift Mortgage Loan Data". (Full document here).

Assuming you won't actually read the whole document :-), allow us to highlight some of the findings for you:

1. In 2008, only 41.85 percent of all modifications reduced monthly principal and interest payments for homeowners. For delinquent borrowers - - a loan modification resulted in an INCREASED or EQUAL payment amount 58.15% of the time!!
2. If a loan modification resulted in NO CHANGE in principal and interest payments, that generally resulted in the homeowner re-defaulting 50.6% of the time after 6 months.
3. If a loan modification resulted in an INCREASE in monthly principal and interest payments, that generally resulted in the homeowner re-defaulting 45.8% of the time after a period of six months. (Yes... it's interesting that an INCREASED payment has a lower re-default rate than a loan mod with no change in payment amount).
4. HOWEVER, if a loan modification resulted in a reduced payment of 10% or more, the re-default rate shrank to just 22.7%. (77.3% success rate).

The national press jumped on the news a few weeks ago about the re-default rate of loan modifications (Here and Here, for example)... as 'proof' that foreclosure mitigation strategies don't work. What they DIDN'T mention is that NOT all loan modifications are equal - - some even INCREASED homeowners payments!

If you've thought about seeking a loan modification with your lender, or have already received an offer to modify the loan from them... you want to be EXTREMELY careful that the modification they're offering you is really in your LONG-TERM best interest. The Center's network of Foreclosure Counselors are ready, willing and able to take a look at the suggested modification, and help you decide if it will work for you.

ALSO... we couldn't post about loan modifications with warning Minnesota Home Owners AGAIN, to make sure that they do not PAY for any third-party loan modification service. Deal directly with your lender yourself, or with one of our free, non-profit Foreclosure Counselors. For additional warnings about for-profit loan modification companies (and scams)... visit here and here.