Foreclosure

New data released this week shows that the nation's largest banks are holding monstrous volumes of soured home loans. According to an analysis by Weiss Ratings, JPMorgan Chase, Bank of America, and Wells Fargo each reported more than $20 billion in single-family mortgages currently foreclosed or in the process of foreclosure as of midyear. In addition, for each dollar these banks held of mortgages in foreclosure, there were another $2 in loans in the pipeline that were 30 days or more past due.

The federal government's fraud task force is investigating possible criminal violations in connection with foreclosure documentation errors reported by at least five mortgage servicers. HUD is spearheading the multi-agency probe, which is in its early stages. But HUD Secretary Shaun Donovan told reporters this week that his office has been scrutinizing the industry's servicing practices for the past five months, and has concluded that the documentation problems grabbing headlines are not widespread.

The House Subcommittee on Housing and Community Opportunity will hold a hearing on the industry's foreclosure paperwork errors when Congress reconvenes next month. Congresswoman Maxine Waters, who chairs the subcommittee, expressed disappointment in Bank of America and GMAC Mortgage for lifting their foreclosure freezes this week. Waters has introduced legislation that would prohibit a bank from initiating foreclosure proceedings without offering the homeowner loss mitigation.

The New York state court system has instituted a new filing requirement that officials say will prevent wrongful foreclosures and protect the integrity of the process. Lenders' counsel are now required to file an affirmation certifying that they have reviewed and verified the accuracy of foreclosure documents. The new mandate is in response to recent disclosures by major mortgage lenders of potential deficiencies in notarization and so-called ""robosigning"" of supporting paperwork.

Wells Fargo said Wednesday that it turned a profit of $3.35 billion for the three months ending in September. The Q3 number was higher than both the $3.06 billion for the previous quarter and the $3.24 billion profit posted a year earlier. Wells says this past quarter was the second highest for mortgage applications in the history of the company, earning $101 billion in mortgage originations. CEO John Stumpf also used the opportunity to explain his company's decision not to freeze foreclosures like other lenders.

Allegations that some of the nation's largest mortgage servicers cut corners in processing foreclosures and filed unsubstantiated paperwork could turn criminal. With documentation errors reported by at least five mortgage servicers, President Obama's Financial Fraud Enforcement Task Force, led by the U.S. Department of Justice, is looking into whether servicers broke federal laws and whether they misled federal housing agencies in the process. Mail and wire fraud may also be an issue.

GMAC Mortgage was the first company to halt foreclosures in 23 states because of concerns that the legal paperwork was not validated and processed correctly. After two months of reviewing individual case files, the company says it will restart foreclosure proceedings. Bank of America has also lifted its foreclosure suspension in 23 states. While both companies say they have found no instances in which a homeowner was wrongly foreclosed upon, at least one county sheriff in the judicial state of Illinois says he's not going to carry out their evictions until they provide further proof.

Bank of America said Tuesday that it lost $7.3 billion during the three-month period ending in September. The company attributed the deficit to new financial reform regulations related to credit and debit card payments. On the mortgage side of its business, though, the company is seeing improvements. Mortgage banking income jumped 95 percent last quarter, the ratio of nonperforming loans and assets declined, and no sizeable losses are expected from the company's foreclosure suspension and affidavit problems.

ForeclosureRadar has released its September market report, and the company's data shows that both foreclosure sales and inventories of bank-owned properties are on the rise throughout the West Coast states of Arizona, California, Nevada, Oregon, and Washington. In Nevada, for example, foreclosure sales increased by nearly 40 percent from August to September, with the majority going back to the bank and swelling the REO supply even further.

Bank of America and Fidelity National Financial have come to an agreement regarding the foreclosure paperwork issues that have plagued several of the largest lenders in the past weeks. Fidelity will continue to provide title insurance for BofA's foreclosed properties and defend new homeowners in court if title issues arise. The bank has agreed to cover all court related costs and settlements resulting from lawsuits surrounding title issues. The news comes just as Bank of America has announced that it will resume foreclosures in 23 judicial states beginning October 25th.