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Posts Tagged ‘Bank of America’

Foreclosure freeze slows home sales

Monday, October 11th, 2010

The decision by three major banks to freeze foreclosures will buy distressed homeowners months of extra time and temporarily block lenders from reclaiming homes.

But it also threatens to buckle South Florida’s home sales. Bank-owned properties make up about 40 percent of home sales in South Florida, and suspensions by JP Morgan Chase, Bank of America and GMAC could deliver a debilitating blow to that crucial segment of the embattled real estate market.

There are mounting reports of approved foreclosure sales being stopped pre-closing, and buyers being left in limbo.

The lenders have put the brakes on their foreclosure operations after bank employees and affiliates confessed they had been individually signing thousands of legal documents each month without verifying the details of the cases. Those documents, which contain crucial information like the amount owed and the owner of the note, have sparked allegations that thousands of foreclosure filings are tainted by fraud and forgery.

As paperwork issues stall sales, the hottest sector of the local market — bank-owned properties, or so-called REOs — lies at risk of going cold.

Together, the three lenders represent nearly a third of the local REO market. Bank of America, for example, has nearly 500 REO properties listed for sale in Miami-Dade and Broward counties, according to its website. GMAC, now known as Ally Financial, has at least 200 REOs in South Florida and JP Morgan has at least 250. Many of those properties have buyers and are currently pending sales, the banks’ websites show. Other banks could follow suit in stopping foreclosure sales, although Wells Fargo announced Wednesday that it would not go that route.

GMAC sent out letters to real estate agents last month alerting them that pending REO sales would be delayed an additional 30 days, Realtors said.

But the depths of the foreclosure mess have not fully been uncovered, and no one knows for sure how long it will take lenders to clear up paperwork problems and re-start the foreclosure machine. With banks facing new calls for federal investigations and full-on foreclosure moratoriums, 30 days might not be enough.

U.S. House Speaker Nancy Pelosi, Sen. Al Franken and Florida Congressman Alan Grayson are among those calling for bank probes and foreclosure halts across the U.S.

Banks have authority to push these sales back for months, but not all buyers will be willing to hang around. Bank-owned properties are often abandoned and unkempt, and the longer a home stays empty, the more vulnerable it is to vandalism and disrepair, which can affect the home’s value.

Courtsey of: The Miami Herald, Toluse Olorunnipa. Distributed by McClatchy-Tribune Information Services.

Foreclosure delays

Friday, October 8th, 2010

Bank of America is delaying foreclosures in 23 states as it examines whether it rushed the foreclosure process for thousands of homeowners without reading the documents.

The move adds the nation’s largest bank to a growing list of mortgage companies whose employees signed documents in foreclosure cases without verifying the information in them.

Bank of America isn’t able to estimate how many homeowners’ cases will be affected, Dan Frahm, a spokesman for the Charlotte, N.C.-based bank, said Friday. He said the bank plans to resubmit corrected documents within several weeks.

Two other companies, Ally Financial Inc.’s GMAC Mortgage unit and JPMorgan Chase, have halted tens of thousands of foreclosure cases after similar problems became public.

The document problems could cause thousands of homeowners to contest foreclosures that are in the works or have been completed. If the problems turn up at other lenders, a foreclosure crisis that’s already likely to drag on for several more years could persist even longer. Analysts caution that most homeowners facing foreclosure are still likely to lose their homes.

State attorneys general, who enforce foreclosure laws, are stepping up pressure on the industry.

In Florida, the state attorney general is investigating four law firms, two with ties to GMAC, for allegedly providing fraudulent documents in foreclosure cases. The Ohio attorney general asked judges this week to review GMAC foreclosure cases.

Mark Paustenbach, a Treasury Department spokesman, said the Treasury has asked federal regulators “to look into these troubling developments.” And the Office of the Comptroller of the Currency, which regulates national banks, has asked seven big banks to examine their foreclosure processes.

“We both want to see that they fix the processing problems, but also to look to see whether there is specific harm” to homeowners, John Walsh, the agency’s acting director told lawmakers Thursday.

A document obtained Friday by the Associated Press showed a Bank of America official acknowledging in a legal proceeding that she signed up to 8,000 foreclosure documents a month and typically didn’t read them.

The official, Renee Hertzler, said in a February deposition that she signed 7,000 to 8,000 foreclosure documents a month. “I typically don’t read them because of the volume that we sign,” Hertzler said.  She also acknowledged identifying herself as a representative of a different bank, Bank of New York Mellon, that she didn’t work for. Bank of New York Mellon served as a trustee for the investors holding the homeowner’s loan.

“The disclosure comes two days after JPMorgan said it would temporarily stop foreclosing on more than 50,000 homes so it could review documents that might contain errors. Last week, GMAC halted certain evictions and sales of foreclosed homes in 23 states to review those cases after finding procedural errors in some foreclosure affidavits.

Consumer advocates say the problems are widespread across the lending industry.

In some states, lenders can foreclose quickly on delinquent mortgage borrowers. By contrast, the 23 states in which Bank of America is delaying foreclosures use a lengthy court process. They require documents to verify information on the mortgage, including who owns it.

Those states are: Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Nebraska, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Vermont and Wisconsin.

BOA the newest short sale process!

Wednesday, January 27th, 2010

BOA has once again changed their short sale process. Here is the latest procedure:

1. Homeowner calls BOA Equator 866-770-7961 and assigns their agent to the file.  Be sure agent has equator account already. BOA ties the email address to the file (ie. homeowner has loan number 12345 and gives BOA their agents email address). If agent does NOT have an equator account, you will need to call to get one.

2. Homeowner will also receive login/password for the equator site and will be required to complete tasks assigned to them. ***These tasks are time sensitive so homeowner should be sure to complete in a timely manner. This could delay the process if these are not completed.

3. Agent (should) get an email from BOA stating that a homeowner has assigned a file on equator. Agent must log-in and completed the tasks assigned to them. Tasks may include: Accepting the assignment of the short sale, uploading offer, preliminary HUD, MLS sheet, MLS number, to name a few. Again these are time sensitive and must be completed as they are assigned otherwise the process could be delayed.

4. After the borrower and agent tasks are completed, BOA will be prompted to complete their own tasks. Check in weekly to make sure the process is not stalled and BOA is completing their tasks.

I am still waiting to see this process from start to finish.  All my files transferred to this system about 2 weeks ago.

Keep checking back!

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