Foreclosure

A foreclosure report released by CoreLogic Wednesday revealed that the number of homes in foreclosure is decreasing nationwide. Completed foreclosures for 2011 totaled 830,000, compared to 1.1 million in 2010. The December 2011 completed foreclosures figure was also down to 55,000, compared to 67,000 in December 2010. CoreLogic's report also notes that in December of last year, servicers increased the rate at which they were able to process distressed assets, also known as the distressed clearing ratio.

While the industry awaits the final details of the attorneys general settlement with the nation’s largest servicers, Missouri Attorney General Chris Koster announced Tuesday it is prosecuting DocX, LLC, and its founder, Lorraine Brown, for forgery and false declarations on mortgage documents. The announcement comes after a grand jury delivered 136-count criminal indictments against DocX and Brown, the result of several months of investigation.

An estimated 1.05 million homeowners received permanent loan modifications from mortgage servicers in 2011, according to year-end data released Tuesday by HOPE NOW. That tally includes both proprietary and government-program mods, and represents a 40 percent decline from the 1.76 million modifications granted in 2010. At the same time, HOPE NOW reports loan modifications outpaced foreclosure sales for the fourth consecutive year. In 2011, there were approximately 843,000 foreclosure sales completed, down from 1.07 million in 2010.

The deadline for the 50 state attorneys general to sign onto the settlement negotiated between the committee headed by Iowa Attorney General Tom Miller and five large servicers was extended from Friday to Monday. Late Monday evening, Miller's office issued a statement saying more than 40 states have agreed to participate. For the past few months, the number repeated from various sources is $25 billion. That's $25 billion that Bank of America, JPMorgan Chase, Wells Fargo, Citigroup, and Ally Financial would pay for a clean slate regarding robo-signing misdeeds of the past.

More than 930,000 homeowners have received a permanent modification through the government's Home Affordable Modification Program (HAMP), saving an estimated $10.5 billion in monthly mortgage payments, according to Treasury. While this tally - nearly three years after the program's launch - falls well short of the results initially promised by President Obama of helping 3 to 4 million homeowners restructure their loans, federal officials continue to tout a key success of HAMP as improving standards and processes within the industry.

A New York housing counselor has been sentenced to 72 months in jail and three years supervision by a U.S. District Court judge after defrauding 136 homeowners who reached out for help as they attempted to avoid foreclosure. The judge also ordered Lori J. Macakanja to pay $298,639 in restitution to the homeowners affected. Macakanja reportedly required upfront fees from homeowners and promised in return to help them achieve mortgage modifications in order to stave off foreclosure.

Among the provisions stipulated in Florida's newly revised House Bill 319 are enhanced specifications regarding banks' obligations to homeowner associations (HOAs). When a bank forecloses on a home, it potentially absorbs liabilities from unpaid homeowner or condo association fees, which are often compounded by late fees and attorney fees. Reps. George R. Moraitis and Fed Costello co-sponsored House Bill 319, providing banks clarification on just how much liability they incur.

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.

Each month of 2011, outstanding mortgage balances in the U.S. declined by an average of $30 billion, according to a recently released report from Moody's Analytics and Equifax. The report attributes the decline to defaulted loans being written off. Aggregate delinquency rose by 6 basis points in December to 6.12 percent, according to the companies' joint study. The rate remains in line with rates seen since April but has declined since a January high of 8.25 percent.

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.