Loss Mitigation

Marshall & Ilsley Corporation (M&I) has extended its foreclosure moratorium for distressed homeowners. Begun in December 2008 as part of M&I's Homeowner Assistance Program, the moratorium applies to applicable loans in all M&I markets and covers all owner-occupied residential loans for customers who agree to work in good faith to reach a successful repayment agreement.

Servicers made several concessions in their version of the settlement proposal that they submitted to federal and state regulators. In an excerpt of the draft obtained by DS News, servicers agree to stop dual tracking, give borrowers a window to appeal a denied modification, and provide a single point of contact for borrowers. Perhaps most significant in the excerpt is a pledge by the servicers to establish standards for affidavits and sworn statements in foreclosure and bankruptcy proceedings.

The California Association of Realtors has partnered with Fannie Mae on an initiative designed to help Realtors resolve issues that arise after a short sale offer is made on a Fannie Mae-backed loan. The effort centers around technology from the GSE, the Fannie Mae Short Sale Assistance Desk, which helps brokers and agents shorten the waiting period for approval on Fannie Mae short sale transactions. It also assists real estate professionals with post-contract issues, the existence of a second lien, or problems involving mortgage insurance.

Treasury has released a new report on the government's foreclosure prevention efforts. In addition to the Home Affordable Modification Program (HAMP) numbers that are regularly recounted, new this month are details on short sales and second lien modifications. As of the end of February, 4,488 homeowners completed a short sale or deed-in-lieu under the Home Affordable Foreclosure Alternatives (HAFA) program. Another 10,177 borrowers have HAFA agreements in place. Second-lien modifications have been provided to 16,951 homeowners.

Genworth Financial, a mortgage insurer based in Richmond, Virginia, saved $6.6 billion in U.S. mortgages from foreclosure last year, according to the company's latest Foreclosure Prevention Scorecard. Compared to 2009, when the company saved $2.6 billion, that's an increase of more than 153 percent. Genworth says it provided nearly 40,000 workouts to distressed borrowers last year, saving each, on average, more than $195,500.

The Senate Judiciary Committee on Thursday approved legislation that would give bankruptcy courts the authority to order face-to-face meetings between homeowners and their lenders for foreclosure mediation, clearing the way for it to move on to the full Senate. The legislation does not give bankruptcy judges the power to modify mortgages like the controversial bankruptcy cramdown proposals that have repeatedly failed in Congress. Instead, it would give them a mechanism for opening up the lines of communication between homeowners and creditors.

Pro Teck Valuation Services announced the availability of customized appraisal reviews via AppraisalCheck, its suite of desk and field review products for the repurchase market. AppaisalCheck identifies appraisal fraud, errors, and misrepresentations. The company says it has seen a growing need for retro forensic reviews to determine whether there is any culpability on behalf of the originator.

Federal regulators proposed a new rule Wednesday that would require certain financial institutions, including large mortgage lenders, to account for risk as they structure incentive compensation packages for executives and employees. New rules for risk-based pay are a mandate of the Dodd-Frank Reform Act and are aimed at stemming the type of risky lending and investment gambles that many economists say pushed the nation's financial system to the brink of collapse.

The industry's shadow inventory of repossessed and soon-to-be repossessed homes that aren't visible as properties for sale has contracted, according to CoreLogic. Analysis released by the company Wednesday shows that the shadow inventory of residential properties as of January 2011 fell to 1.8 million, down from 2.0 million a year earlier. For the first time, CoreLogic also examined how loan modifications and short sales could reduce shadow inventory levels.

Timothy Massad, acting assistant Treasury secretary, said this week that beginning next month Treasury will start publishing a scorecard grading the largest servicers based on their compliance with the Home Affordable Modification Program (HAMP). Though members of the House voted yesterday to end the program, the Treasury is moving forward with its plans to hold servicers publicly accountable, basing the first report on performance in 2010. Massad says Treasury will withhold financial incentives for unsatisfactory grades.