Foreclosure

A Massachusetts man lost something he never had -- his home. The Masachusetts Supreme Judicial Court ruled this week that when Francis Bevilacqua purchased the home from U.S. Bank in 2006, the bank did not actually hold the home's title. The court ruled that because U.S. bank did not own the mortgage when it foreclosed upon the property, it did not obtain a title in the foreclosure. Therefore, Bevilacqua did not purchase a legal title when he made the purchase.

HUD's Office of Inspector General (OIG) alleges CitiMortgage, Inc. has violated the Federal Housing Administration's (FHA) Preforeclosure Sale Program by submitting improper claims for short sales. After examining 68 FHA claims, the inspector general found 63 claims for loans it says Citi did not properly review to verify that the borrowers were in default or in imminent danger of default. Citi ""respectfully disagrees"" in its written response.

The foreclosure tide has yet to ebb, and the massive supply of bank-owned homes building over the last half-decade has taken its toll on market fundamentals. What's become of all those properties seized by banks? CoreLogic delved into the stats to find out. Looking at the outcomes of 355,000 properties foreclosed on in 2006, the company found that 105,000 were liquidated as REO sales to third-party buyers in six months or less, while more than 20,000 remain part of the industry's REO inventory.

Bank of America reported Tuesday that it saw a profit of $6.2 billion during the third quarter of this year, compared to a loss of $7.3 billion a year ago. Perhaps the biggest headline-grabber gleaned from BofA's third-quarter numbers is that the company lost its position as the largest U.S. bank by assets. On the mortgage side of the business, BofA says it has successfully implemented the rollout of a single point of contact for default servicing. Provisions for credit losses declined 37 percent from the year-ago quarter.

The Federal Housing Finance Agency (FHFA) has directed Fannie Mae and Freddie Mac to transition away from their current foreclosure attorney network programs, and move to a system where mortgage servicers will select law firms based on minimum qualifications and uniform criteria. Currently, each GSE designates eligible law firms for individual states, and servicers choose a firm from these lists to handle their foreclosure work. FHFA says the new approach is an extension of the Servicing Alignment Initiative and will lead to greater transparency.

The mortgage banking law firm of Butler and Hosch, P.A. has announced the appointment of Amber Paxton as its new SVP of operations and Tyrutte Kimbrell as VP of vendor relations for the Southern region. Paxton joins Butler and Hosch with more than 15 years' experience that includes managing mortgage default operations in compliance with both GSE and non-GSE guidelines. Kimbrell brings 10 years of experience in default servicing to the firm.

Help for underwater homeowners has moved from principal writedowns to refinancing in the settlement negotiations between state attorneys general and the nation's five largest mortgage servicers. According to a widely circulated report, the proposal made its way into the talks last week. Borrowers who are current on their mortgage payments but owe more than their home is worth would be able to refinance at today's lower rates. The main caveat is that the loan must be owned, not just serviced, by one of the five banks.

ServiceLink announced Tuesday that Greg Whitworth has joined the company as EVP of servicing solutions. Whitworth will help develop ServiceLink's overall default and servicing business strategy, and will focus on building a consulting practice. ServiceLink is a Fidelity National Financial company and currently provides its solutions to 15 of the top 20 mortgage lenders and servicers. ServiceLink's flagship workflow and content management technology, Commerce Velocity, will be a key area of focus for Whitworth.

The state of Hawaii has now gone live with its Mortgage Foreclosure Dispute Resolution (MFDR) program. MFDR is a key component of Act 48 signed into law by Gov. Neil Abercrombie this spring and is intended to ""reform the foreclosure process"" in the state, according to government officials. The program is designed to offer owner-occupants of residential property in non-judicial foreclosure the opportunity to meet directly with their lenders to modify their loans or work out an alternative to foreclosure.

Citigroup reported Monday that it brought in net income of $3.8 billion during the third quarter of this year. That's up 74 percent from a year earlier. Third quarter revenues increased, thanks to a $1.9 billion accounting adjustment that allowed Citi to record a gain based on the risk associated with its credit holdings. The company said in its earnings presentation to investors that it remains highly focused on risk management, particularly as it relates to U.S. mortgage exposure.