Loss Mitigation

Bank of America is experiencing a deluge of phone calls from homeowners wanting to refinance. Consumer demand is so high, in fact, that without some internal adjustment, it threatens to compromise the level of customer service delivered by the bank's fulfillment personnel and interfere with closing timelines. The company says it's not willing to sacrifice long-term customer satisfaction for short-term volume, and it has instituted a temporary stopgap measure that alerts customers when it is experiencing processing delays due to high volume.

The Office of the Comptroller of the Currency (OCC) and the Federal Reserve issued statements Thursday detailing monetary penalties they have levied against the nation's largest servicers for ""unsafe and unsound mortgage servicing and foreclosure practices."" The OCC is assessing a total of $394 million in penalties against Bank of America, Citi, JPMorgan Chase, and Wells Fargo. The Federal Reserve's monetary sanctions total $766.5 million and target the same four institutions as well as Ally Financial.

Thursday's unprecedented $25 billion settlement between federal and state officials and the nation's top mortgage servicers was especially favorable to California. After leaving settlement negotiations in September, claiming the proposal at the time was inadequate for California homeowners, Attorney General Kamala Harris opted to sign on to the final settlement, which was revised to secure $18 billion for the state of California. At the time Harris left the settlement, California was expected to receive about $4 billion from the banks.

While the $25 billion robo-signing settlement concludes 16 months of intense negotiations, questions still remain on how this will impact borrowers and the larger economy. Capital Economics stated that while it is good that the settlement has been finalized and will offer principal reductions and refinancing schemes to borrowers, the bigger picture is that the settlement is not large enough to dramatically alter the outlook for the housing market or the wider economy.

Federal and state officials announced Thursday morning that the federal government and 49 state attorneys general - with Oklahoma as the lone exception - have reached a $25 billion agreement with the nation's five largest mortgage servicers to address what authorities describe as ""loan servicing and foreclosure abuses."" The settlement with the nation's top five servicers – Bank of America, JPMorgan Chase, Wells Fargo, Citigroup, and Ally Financial (formerly GMAC) - provides financial relief to homeowners and establishes new homeowner protections.

Analysts at Fitch Ratings expect to see a sharp rise in the cost to service mortgage loans. They describe the housing recovery in the U.S. as ""unhurried"" and as a result, they say lenders have been forced to shoulder higher foreclosure expenses. Fitch says increased foreclosure costs compounded by credit, compliance, regulatory, and other real-estate owned expenses are beginning to have a profound effect on the industry. The agency estimates the cost of servicing nonperforming loans is likely to double from pre-crisis levels.

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.