Loss Mitigation

The Federal Trade Commission will no longer enforce most provisions set forth in the Mortgage Assistance Relief Services Rule, according to a recent statement. The MARS Rule required real estate agents to make several disclosures when assisting distressed homeowners in obtaining short sales from their lenders or servicers. The rule also banned advance fee collection and prohibited false or misleading statements. After the Rule was enacted by Congress, several real estate agents complained that the disclosures often confused homeowners or misled them.

Nevada's Supreme Court sided with homeowners on three foreclosure cases regarding violations of the state's Foreclosure Mediation Program and Mediation Rules, for lack of proper paper-work.

The promise of a loan modification based on delinquency status induces some financially proficient borrowers to intentionally fall behind on their mortgage payments, according to a study commissioned by the National Bureau of Economic Research in Massachusetts and conducted by researchers at Columbia University. Led by Christopher Mayer, senior vice dean and professor of real estate at Columbia Business School, the research team examined the modification policies of Countrywide Financial.

Homeowner Reward Co., a subsidiary of The PMI Group, Inc. is launching a pilot program aimed at supporting sustainable homeownership in some of the nation's hard-hid markets. The program helps underwater homeowners.

Foreclosure sales declined for the second straight month, while foreclosure starts increased, according to HOPE NOW. Foreclosure sales nationwide decreased 7 percent from 73,000 in April to 68,000 in May.

With delinquent mortgages at unprecedented levels, sheer market conditions command a staff the size of a small army dedicated to working with distressed borrowers. Servicers have added thousands to their loss mitigation teams over the past few years and most are still recruiting. JPMorgan Chase has added more than 10,100 new employees nationwide to the default and loss mitigation organization since 2008, almost doubling its staff. Chase has partnered with HOPE NOW, nonprofits, and state agencies conducting over 1,500 local events through April.

Congressman Bill Posey of Florida has introduced a bill which would allow lenders to classify modified mortgages as accruing rather than non-accruing. Posey claims federal bank regulators are hindering the ability of community banks to modify home loans and keep homeowners out of foreclosure. A subcommittee of the House Financial Services Committee held a hearing Friday to review Rep. Posey's Common Sense Economic Recovery Act.

With mortgage delinquencies at unprecedented levels, it's become clear that the current servicing-fee model is lacking. The GSEs and Ginnie Mae are in the process of developing new servicing compensation structures to provide greater flexibility for the servicing of nonperforming loans. As deliberations move forward, the Mortgage Bankers Association is recommending they consider the idea of a new ""reserve account"" strategy to cover the higher expenses associated with default servicing.

The Applied Analytics division of Lender Processing Services, Inc. recently introduced the LPS Home Price Index (HPI). The LPS HPI shows historical price trends for residential properties in the United States, offering estimates of property values that underlie residential mortgage portfolios and securities. LPS says the new tool is a reliable way to estimate borrower stress, negative equity, and potential for default and loss.

A group of mortgage-bond investors has filed a petition with the New York Supreme Court requesting to be cut loose from the $8.5 billion settlement proposed last week by Bank of America. The settlement would resolve nearly all of the lender's repurchase exposure stemming from legacy first-lien residential mortgage bonds issued by Countrywide. Eleven of the companies to be compensated by the arrangement, though, say BofA's proposal is ""inadequate.""