Tag Archives: Bank of America

New York Attorney General Eric Schneiderman has filed a lawsuit against the nation's top three mortgage lenders charging that their use of the electronic registry system MERS has resulted in deceptive and fraudulent foreclosure filings throughout New York's state and federal courts. The lawsuit alleges that employees of Bank of America, JP Morgan Chase, and Wells Fargo, acting as ""MERS certifying officers,"" submitted court documents containing false information. MERS is also named as a defendant.

It will be at least three more days before the industry learns how many and which states have agreed to the robo-signing settlement that was proposed last week. The deadline for state attorneys general to opt in has been pushed from February 3 to February 6. A spokesperson for Iowa Attorney General Tom Miller says at least one state requested an additional business day to come to a decision, so Miller, who is head of the states' negotiating committee, moved the cut-off date to Monday.

State attorneys general have until Friday to sign on to a settlement that would resolve claims against the nation's top five mortgage servicers surrounding documentation errors in foreclosure processing, according to a widely circulated media report. The year-long back-and-forth between state counsels and the largest servicers may be in its final days ... possibly. Attorneys general in Delaware and California have already rejected the proposal, and some say without California, in particular, the settlement may not be of interest to the banks.

As robo-signing reviews reach completion, servicers are beginning to work through some of their foreclosure backlogs, according to a third-quarter report from Moody's Investors Service. At the same time, the ratings agency found that loan modifications are on the decline. Servicers are now turning to loss mitigation alternatives such as short sales and deeds in lieu, Moody's says. The agency is also forecasting longer timelines this year to move properties from foreclosure sale to REO liquidation.

After a net loss of $2.2 billion in 2010, Bank of America reported net income of $1.4 billion, $0.01 per diluted share, for the year in 2011, according to the company's earnings report released Thursday. On a fully taxable-equivalent basis, net interest expense declined 15 percent for the year arriving at $94.4 billion. BofA's mortgage servicing portfolio is on the decline. The $1.8 trillion portfolio reported at the end of the year is down from $1.9 trillion in the previous quarter and $2.1 trillion a year ago.

The Justice Department announced Wednesday a $335 million agreement to settle allegations against Countrywide of discriminatory lending from 2004 to 2008. This settlement is the largest the department has ever reached regarding fair lending. Countrywide allegedly discriminated against 200,000 minority borrowers by charging them higher interest rates than white borrowers with matching creditworthiness and financial status. The money will go to those borrowers harmed by Countrywide's practices.

Bank of America organized 45 dedicated outreach events this year in local markets across the country where the lender is seeing high levels of mortgage delinquencies among its customer base. Ron Sturzenegger, BofA's legacy asset servicing executive, says the goal is to get in front of the consumer. The company undertakes an aggressive marketing campaign ahead of each event and provides a loss mitigation decision on-site to 60 percent of those who come with all the necessary paperwork. BofA expects to host the same number of outreach events in 2012.

The U.S. Treasury said Wednesday that it will continue to withhold incentives from JPMorgan Chase and Bank of America for modifications, short sales, and deeds-in-lieu completed through government programs. JPMorgan is the only servicer participating in Treasury's Making Home Affordable program that was determined to need ""substantial improvement"" in complying with program guidelines during the third quarter. Bank of America moved up a notch on the assessment scorecard to needing only ""moderate improvement.""

The Office of the Comptroller of the Currency (OCC) has launched an investigation into the possible wrongful foreclosures of about 5,000 military members by 10 of the nation's largest banks. The Servicemembers Civil Relief Act (SCRA), signed into law in 2003, protects military members from foreclosure while on active duty. Rep. Brad Miller of North Carolina is calling for officials to pursue criminal charges should SCRA violations be substantiated.

Disenchanted with the lack of progress made after a year of negotiations between state attorneys general and the nation's five largest mortgage servicers, Massachusetts Attorney General Martha Coakley has split from the pack and filed her own individual lawsuit. Coakley is suing Bank of America, Wells Fargo, JP Morgan Chase, Citi, and GMAC for what she says were ""illegal foreclosures."" The suit also names Mortgage Electronic Registration System, Inc. (MERS) and its parent company as defendants.