Loss Mitigation

The Office of the Comptroller of the Currency (OCC) issued a report Tuesday on actions taken to correct deficiencies in mortgage servicing and foreclosure processing by the 12 institutions it oversees. The OCC has made public the names of the independent consultants retained for foreclosure reviews, and notes that evaluations of certain cases and mailings to more than 4 million borrowers are underway. The agency says all servicers have instituted policies to end dual-tracking and provide borrowers with a single point of contact.

Did policies in place at Fannie Mae and Freddie Mac help fuel foreclosure abuses such as robo-signing? That's the question posed by Rep. Elijah Cummings to the GSEs' regulator. As ranking member of a House oversight committee, the nation's housing crisis has been a central focus of Cummings' work. He says documents show FHFA directed the GSEs to fine servicers $150 million in 2010 for not processing foreclosures fast enough, even though an internal report concluded servicers were overloaded and documentation problems were evident.

The Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) announced Monday that it intervened to block 40 mortgage modification schemes advertised on Yahoo! and Bing. In response, Microsoft terminated 400 advertising contracts with the perpetrators of the schemes. Microsoft is the founder of Bing, and its technology backs Yahoo! Search. Monday's notice follows an announcement last week in which SIGTARP reportedly shut down 85 mortgage modification scams advertised on Google.

The third quarter of 2011 saw a net increase of 2,738 mortgage-related jobs, according to recent industry data. This increase is the first recorded in five quarters. The recent increase in refinances encouraged by remarkably low interest rates sparked a demand for loan originators and processors, while continuing high levels of delinquencies and foreclosures bolstered the need for servicing staff. The 2,738 gain compares to a net loss of 464 jobs in the previous quarter and a loss of 936 jobs a year ago.

Freddie Mac plans to re-securitize certain mortgage loans that were previously delinquent but have been reinstated to current, performing status. The new-issue bonds will not, however, include loans that have been modified. The GSE says this new avenue for securitization will provide more flexibility for the company to manage its mortgage-related investment portfolio and its distressed assets. Freddie Mac expects to make its first offering of reinstated loans later this month.

California Attorney General Kamala Harris reportedly sent subpoenas to Fannie Mae and Freddie Mac, requesting information about their servicing, foreclosure, and property leasing actions in the state. The attorney general's office also intends to investigate the GSEs' actions regarding purchases of ""toxic mortgages."" With one of the highest default rates in the nation, Harris has been actively seeking aid for California homeowners and has recently lobbied for increased principal reductions from Fannie and Freddie.

Clayton Holdings announced Friday that it has agreed to buy Green River Capital. The transaction is expected to close within 60 days. No financial details were announced. Green River will become a wholly owned subsidiary of Clayton Holdings. The company will continue to operate as a standalone business, under its current brand, in its current location, and will be led by its current management team.

Members of a House subcommittee voted Thursday not to pass a bill which would have allowed banks to classify modified loans as accruing rather than non-accruing. While most members of the subcommittee agreed that, in many instances, examiners and regulators are posing undue hardship on community banks, the bill was shot down with 8 ayes and 10 nays. Those who opposed said it would allow lenders to manipulate their accounting so that they don't have to hold additional capital against a potentially problematic loan.

A deteriorating housing picture, coupled with an increase in expenses and a drop in consumer confidence, led to a sharp decline in consumers' financial health during the third quarter. The nonprofit credit counseling agency CredAbility puts out a regular quarterly index measuring consumer distress. Between July and September, the gauge recorded its largest drop since the third quarter of 2008. CredAbility's data show the average consumer has been in distress for 12 straight quarters now.

The Mortgage Bankers Association (MBA) reported Thursday that the national delinquency rate for residential home loans fell to 7.99 percent in the third quarter. That's the lowest reading since the fourth quarter of 2008. The delinquency rate encompasses borrowers who have missed one or more payments but are not yet in foreclosure. While delinquencies fell, the number of borrowers entering the foreclosure process rose for the first time in a year, driven by a handful of servicers and hard-hit states.