Tag Archives: Attorney General

Indiana has enacted a new foreclosure law surrounding the state's pre-judgment mediation program, outlining changes related to borrower notification and loss mitigation documentation. Senate Bill 582 passed both chambers of the state Legislature by a near unanimous vote, with only one senator casting a nay, and was quickly signed into law by Gov. Mitch Daniels. The law becomes effective for all new residential foreclosure filings as of July 1.

A dozen U.S. senators are pooling their influence to persuade federal regulators to work with state attorneys general and other federal agencies to ""fix the broken foreclosure process,"" as the lawmakers put it. In a letter to the OCC, the senators stressed that the regulators' consent orders do not preclude states' efforts to hold servicers accountable for any wrongful foreclosures. In a separate move, lawmakers have tagged a servicing regulation bill on as an amendment to the larger economic development legislation making its way through Congress.

Iowa Attorney General Tom Miller wants lawmakers to extend a state law that requires creditors to provide notices of free, confidential mortgage counseling services to homeowners in the state facing foreclosure. Under a law that expires July 1, lenders must inform delinquent borrowers about Iowa Mortgage Help, a provider of counseling and mediation services for struggling homeowners to help them pursue an alternative to foreclosure.

Lender Processing Services, Inc. (LPS), a Jacksonville, Florida-based provider of technology, data, and analytics to the mortgage and real estate industries, announced Monday that Joe Jacquot has been named SVP of government affairs. Jacquot served from 2007 to 2011 as deputy attorney general of Florida and chief of staff for former Attorney General Bill McCollum.

Prosecutors with the Manhattan District Attorney's office have issued a subpoena to Goldman Sachs for information related to the company's trading of mortgage bonds backed by subprime loans. The action against the Wall Street institution stems from a congressional report issued in April by a Senate subcommittee on the key causes of the financial crisis. The U.S. Justice Department, SEC, and New York's attorney general have reportedly launched their own investigations into Goldman's dealings during the run-up to the mortgage meltdown.

The attorneys general for the states of Illinois and California are casting a wider net in their investigations of faulty foreclosure paperwork, issuing subpoenas against two Florida-based firms that provide mortgage servicing support to lenders and servicers across the country. The state counsels say they have received reports of robo-signing practices on the part of the two firms - LPS and Nationwide Title. Statements from the AGs indicate that the reach of both companies and their extensive client bases have put them on the radar.

The Ohio Attorney General's office and Ohio Department of Commerce have announced an assurance of voluntary compliance (AVC) with Carrington Mortgage Services, LLC to resolve a 2009 lawsuit. The AVC will also provide relief to Ohio homeowners facing foreclosure. The three parties agreed to several mortgage servicing standards that will apply to all Ohio loans serviced by Carrington Mortgage Services, including providing borrowers who complete a modification application with a single point of contact.

Negotiation talks continued this week between state attorneys general and the nation's largest mortgage servicers to settle robo-signing allegations, and those on the states' side of the table began throwing out big numbers to convince servicers they should ante up. Attorneys general advised representatives from the five largest servicing shops that they would be on the hook for at least $17 billion from civil lawsuits alone if the two parties don't reach a settlement agreement.

California Attorney General Kamala Harris announced the creation of a 25-person task force on Monday charged with protecting homeowners from mortgage fraud. Within the last year, the California Department of Justice says it has received thousands of complaints related to foreclosure scams and mortgage servicing practices. In addition to fraud on the default side of the business, the task force will be on the lookout for misconduct and false claims involving investments and securities tied to subprime mortgages.

Industry analysts, economists, even lawmakers generally concede that the pooling of risky subprime mortgages into secondary market securities fueled the economic collapse that almost brought the nation's financial system to its knees. But New York Attorney General Eric Schneiderman is looking for proof that major financial institutions were hocking these dicey mortgage-backed securities during the days leading up to the collapse of the housing market, knowing that these transactions would result in billions of dollars in mortgage losses.