Foreclosure

Fannie Mae and Freddie Mac announced temporary eviction moratoriums on all single-family homes and two-to-four unit properties over the holidays. Both companies will enforce the moratorium from December 19 through January 2. The suspension will not affect the pre- or post-foreclosure processes. Servicers may continue the administrative processes involved in foreclosures, but evictions will be delayed until after the start of the new year.

Two California divisions of the Occupy Wall Street movement -- Occupy LA and Occupy Santa Cruz -- are beginning to focus their efforts on halting foreclosures. Mario Brito, leader of Occupy LA, announced a plan this week to pressure both banks and government officials to impose a foreclosure moratorium. Also this week, Occupy Santa Cruz sent a letter to its County Board of Supervisors calling on board members to invoke a foreclosure moratorium and set up a task force to study foreclosure practices.

Twenty-one members of Congress sent a letter to Federal Housing Finance Agency (FHFA) Acting Director Edward DeMarco calling on him to allow - even encourage - Fannie Mae and Freddie Mac to start reducing principal balances for distressed homeowners. The lawmakers say underwater borrowers pose a greater risk of eventual default. They're advocating for principal writedowns, not ""as a kindness to homeowners,"" but to save taxpayers from future losses.

In conjunction with the changes to the Federal Rules of Bankruptcy Procedure (FRBP) which go into effect on December 1, Fiserv, Inc. announced Wednesday that its LoanServ solution offers the capabilities to help ensure mortgage servicers remain compliant amidst evolving regulations. The rules amend the procedures and policies for servicing loans in bankruptcy and aim to enhance transparency in the process. FRBP governs the filing of proofs of claim and notice issues related to payment changes, post-petition fees, and other accuracy checks related to servicer actions.

About 2.5 percent of current mortgage balances in the U.S. transitioned into delinquency during the third quarter, the Federal Reserve Bank of New York said Monday. That assessment reverses a recent trend of reductions in the measure of newly delinquent mortgage balances, going back to the third quarter of 2010. Some 264,000 individuals had a foreclosure notation added to their credit reports between June 30 and September 30. New bankruptcies over the period tallied 423,000.

RealtyTrac said Monday that it has obtained a substantial capital investment from Renovo Capital LLC through the private equity firm's Renwood Opportunities Fund. According to RealtyTrac, Renovo's investment provides the capital necessary to fund growth and foster expansion into untapped areas of the market. RealtyTrac also announced changes at the top of its management team. Brandon Moore has been hired to take over as CEO, and co-founder James J. Saccacio will move into an executive advisor role.

Holistic financial counseling -- that which focuses on a borrower's entire financial situation -- can prevent both foreclosures and re-defaults, according to a recent study sponsored by special servicer Outreach Financial Services. Holistic financial counseling can save servicers up to $71.5 million in losses on a portfolio of 10,000 loans, according to the study. When holistic counselors review a borrower's entire financial status, they are generally able to diminish monthly spending by $200 to $300.

While the attorneys general working toward a settlement with the nation's largest servicers may be able to strike a settlement without California, it may cost them. A deal that seemed likely imminent as of the end of October would have required $25 billion from the banks - $5 billion in cash penalties and $20 billion in refinancings and modifications. That $25 billion could be reduced to $18.5 billion if California refuses to take part in the settlement, and it could limit the amount of assistance provided to California homeowners.

That ominous shadow inventory of repossessed and soon-to-be repossessed homes is getting smaller. Standard and Poor's (S&P) has released its third-quarter shadow inventory update. The agency says the volume of distressed assets included in its assessment dropped from $405 billion in the second quarter to $384 billion in the third. This figure has been on a steady decline since mid-2010. At current liquidation rates, S&P says it will take 45 months to work through the industry's shadow inventory.

New York's largest foreclosure law firm is shutting its doors. Steven J. Baum, PC has found itself embroiled in a PR firestorm, and now, after Fannie Mae and Freddie Mac instructed servicers to pull their business from the firm, it's closing up shop. The firm's principal, Steven Baum, signaled his company was about to go dark late last week in a letter to New York Times columnist Joe Nocera. ""Mr. Nocera -- You have destroyed everything and everyone related to Steven J. Baum PC. It took 40 years to build this firm and three weeks to tear down,"" Baum wrote.