Loss Mitigation

The Consumer Financial Protection Bureau (CFPB) is looking to propose a rule to standardize monthly mortgage statements to make them easier for customers to understand. The CFPB recently released an early draft of a statement and is seeking feedback. Once a refined prototype is available, the CFPB said it will propose a rule to specify what needs to be on statements, but creditors, assignees, and servicers will have some flexibility to tweak the form after final publication of the rule.

The settlement reached last week between federal and state officials and the nation's five largest servicers includes specific provisions for U.S. military members wrongfully harmed by their mortgage servicer. Four of the five banks participating in the settlement - JPMorgan Chase, Wells Fargo, Citigroup, and Ally - will review foreclosures of military members since January 2006, identifying instances of violation of the Servicemembers Civil Relief Act, according to the Department of Justice.

With all the buzz after the multistate settlement regarding potential relief to homeowners, the Texas Foreclosure Prevention Task Force reminded consumers to be cautious of potential scams. It's getting harder to identify the good guys from the bad guys, said David Long, co-chair of the TFPTF. Borrowers will not know immediately if they are eligible for relief, and there is no cost to participate in the initiatives from the settlement.

Baron and Budd attorneys filed a lawsuit on February 10, alleging that Wells Fargo and JPMorgan Chase charged excessive default service fees. According to the suit, while federal law allows mortgage servicers to charge borrowers BPO fees, Wells Fargo and Chase marked up the charges or performed unnecessary services to make a profit, which is not permissible. The suit also claims that the fees are disguised on statements as other charges, miscellaneous fees, or corporate advances.

President Barack Obama's FY2013 budget proposal has instigated a whirlwind of bipartisan debate as Republicans launch accusations that the president's proposal is no more than a piece of campaign material that will harm more than help the nation's economy. The president has allocated $350 billion for short-term measures for job growth, increased funding for HUD by 3.2 percent, and set aside $141 million in additional support for housing counseling.

As many as 10 million homeowners are at risk of default, according to Richard Cordray, director of the Consumer Financial Protection Bureau (CFPB). In an op-ed piece, Cordray recounts the type of behavior and practices that put so many Americans in danger of losing their homes - it's what he describes as ""the wild West of lending."" Enter the CFPB. While the agency is charged with overseeing all consumer-facing financial products and services, Cordray says its greatest focus is on the mortgage market, and servicing in particular.

In addition to the $25 billion settlement between the five largest servicers and 49 states, Nevada's Attorney General Catherine Cortez Masto reaped more for Nevada homeowners through an additional settlement with Bank of America. Masto won Nevada $750 million in relief for lien principal payments and short sales from BofA and $30 million for consumer protection efforts. That's on top of the $1.5 billion that will go to the state from the nationwide settlement reached with all five servicers.

Sen. Robert Menendez says the $25 billion settlement struck between federal and state officials and the nation's five largest mortgage servicers helps homeowners but is a long way from healing the grievous wounds left by the crisis. He has introduced a bill that would encourage lenders to reduce principal for underwater borrowers with a shared-appreciation modification.

To alleviate issues of foreclosure in one of the hardest hit areas, Illinois Governor Pat Quinn launched two initiatives. One effort will connect homeowners to resources to keep them in their homes, and another will help revitalize areas affected by foreclosed and vacant properties. Illinois is consistently ranked among the top 10 states with the highest number of foreclosures.

Bank of America will pay $1 billion to the U.S. to settle on the largest False Claims Act relating to mortgage fraud. Since 2009, the U.S. attorney's office has been investigating lending practices from Countrywide, which BofA acquired in 2008. The results of the investigation led to allegations that the bank created loans insured by the Federal Housing Authority (FHA) to unqualified home buyers. BofA was also accused of originating loans based on inflated appraisals and failing to identify homeowners who could participate in the government's Home Affordable Modification Program.