Tag Archives: Attorney General

State attorneys general say they are willing to work with mortgage servicers to reach a settlement deal that would resolve the joint investigation of industry practices that led to last fall's robo-signing scandal and widespread foreclosure moratoriums. But no slap on the wrist will do. The group wants to see ""fundamental changes"" to the way servicers run their business when it comes to handling delinquent borrowers or they'll turn to the courts for resolution.

Minnesota Attorney General Lori Swanson filed a lawsuit Monday against Meredian Financial Corporation, a California-based mortgage lender and broker. According to a statement from the attorney general, the lender charged Minnesota homeowners thousands of dollars in fees to refinance their mortgages, but the refinances did not happen. Swanson says Meredian targeted homeowners struggling in the troubled economy who were looking to get out of an adjustable-rate mortgage or lower their interest rate by refinancing.

Following last week's statement by Bank of America CEO Brian Moynihan that principal reductions are unfair and not in everyone's best interest, more banks and even some attorneys general have spoken out against the controversial clause in the settlement proposal. Wells Fargo CEO John Stumpf voiced his disapproval of principal write-downs, saying such provisions would entice people to default on their loans. Some attorneys generals said they feel write-downs would force servicers to break their contracts with investors.

As predicted following the recent settlement proposal from state attorneys general and several federal agencies, servicers are not reacting with enthusiasm to the terms offered. One of the biggest conflicts in coming to an agreement is the proposed punishments servicers will have to face as consequences for their role in last year's robo-signing mess. Though nothing has been confirmed, hefty fines and/or principal reductions are projected to be in development. The reaction from banks and other industry participants has been less than receptive.

The Federal Trade Commission (FTC) has requested documents and information from Ocwen Financial related to its loan servicing activities as part of a civil investigation, the company said in its annual regulatory filing with the Securities and Exchange Commission. The Florida-based specialty loan servicer, which focuses on bringing highly distressed loans back to performing status, is the latest mark in a number of investigations by government agencies targeting the mortgage servicing industry.

Regulators and attorneys general say their investigations of servicing practices have uncovered critical deficiencies and shortcomings that have resulted in violations of foreclosure laws. They've made it clear that mortgage servicers will be required to make operational changes and will be hit with sanctions and penalties. It's been reported that the 14 servicers subject to the investigations will, as a group, face a hefty $20 billion in fines, but there is dissension even among the government agencies involved over the amount. Negotiations are ongoing.

In late January it was revealed that taxpayers have spent more than $160 million defending former Fannie Mae and Freddie Mac executives in court, with $132 million of that money going to the defense of Fannie execs. This week at a congressional hearing, members of several government agencies defended the spending, claiming a refusal to cover the court costs would have been illegal. But Ohio Attorney General Mike DeWine condemned the use of taxpayer dollars to defend executives he says defrauded the system and broke the rules.

California's attorney general says the $6.5 million settlement from two former Countrywide executives will be used to establish a fund to help foreclosed homeowners. The settlement comes from a litigation that began more than two years ago against Angelo Mozilo and David Sambol. According to the lawsuit, Countrywide lured buyers with low teaser rates and failed to inform them of the downsides of adjustable-rate loans. The suit alleged that Mozilo and Sambol knew of these practices and did nothing to stop them.

Consumer advocacy groups have been joined by federal lawmakers in their campaign against a mortgage lending rule change proposed by the Federal Reserve. The Fed has recommended revising a stipulation that allows homeowners to stop a foreclosure on the grounds that the lender violated disclosure requirements outlined in the Truth-in-Lending Act (TILA). With consumers' rights at the forefront of regulatory reform, the Fed's decision is attracting criticism. A group of senators is calling the proposal ""unfortunate and unnecessary.""

Banks already facing many legal issues have yet another group on their hands that is closely examining servicing practices and demanding greater transparency. The Association of Mortgage Investors has released a white paper featuring remedies to restore and stabilize the U.S. mortgage and housing markets. The group of investors accuse servicers of making the mortgage process confusing. Their paper says they look forward to continued reviews and the involvement of state attorneys general.