Mortgage Bankers Must Repurchase Loans

Reports from a mortgage banking industry conference indicate that demands that U.S. banks repurchase faulty loans made during the housing boom emerged as one of the most sensitive topics for mortgage bankers at a conference on Monday.

Instead of owning up to the passing on of risk to the masses in the form of securitized loan bundles, one executive urged the industry to push back harder.

Banks over the past year have been under siege from the demands, primarily at the hands of U.S. mortgage funding giants Fannie Mae (FNMA.OB) and Freddie Mac (FMCC.OB). Shares of some banks have come under pressure due to speculation the costs associated with loan repurchases will rise.

In order to sell loans in bundles or to companies buying loans to service, banks apparently did not enforce standards as they should have:

The demands for the banks to buy back mortgages are typically based on violations of so-called representations and warranties, used by lenders to assure investors of that all aspects of the loan are as stated. The lax enforcement of such standards led to folly, or fraud, in lending during the boom, analysts said.

While many may consider forced repurchases a form of justice, Ron McCord, chairman of First Mortgage Co, stated:

…that the repurchases do more harm than good by chilling lending. “This industry has to stand up and say, enough is enough,” he said, to applause.

While there’s a lot of blame to go around for the credit crisis and housing market mess, most people applying for home loans counted on banks (and still do) to be able to more accurately assess the ability of the borrower to repay in full. After all, they’ve all been in the lending business for a long time.

The bank wouldn’t lend it if it wouldn’t get it back, right?

Apparently that’s not the case.

With the knowledge that a loan would be sold to another company or securitized or bundled with others into a type of bond, apparently corners were cut just to sign up more borrowers.

After reaping the rewards of the fees and interest from what nearly amounts to “ill-gotten-gains” the originators don’t want to buy back the loans they sold at a value derived from faulty or fraudulently inflated data.

This is the kind of garbage that is going on “behind the scenes” in today’s foreclosure crisis. None of it matters much to the homeowners trying to sell in depressed markets.

If you have been caught up in the Recession and need to sell your house in Connecticut, call Brad Whiteman. He can help you by outlining realistic options and prices, and suggest other professionals if they are needed to help you achieve the best outcome possible for your situation.

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Mortgage Servicers to Assume Risk?

Reports indicate Fannie Mae and Freddie Mac are in talks with U.S. title insurers to require mortgage servicers to assume insurers’ liabilities if there are legal challenges to foreclosures on homes whose mortgages Fannie and Freddie underwrote.

From Reuters:

Allegations that some banks used shoddy paperwork in processing foreclosures has sparked a wave of lawsuits, and more borrowers are expected to challenge foreclosures in court.
….
The disputed foreclosures could create a headache for title insurance companies, which protect homeowners against the risk of a prior owner claiming to still have a legal right to the property.

With the unprecedented number of Connecticut homes facing foreclosure, there will undoubtedly be many people who will challenge their bank. You should have a team of professionals assist you if you go down this path.

Since Fannie Mae and Freddie Mac buy up pools of mortgages from lenders in order to free them to make new loans, they are negotiating with the American Land Title Association, the trade group for title insurers, to ensure that any legal costs associated with faulty foreclosure paperwork by loan servicers are borne by the servicers.

If an improperly foreclosed home is sold, the owner who defaulted could sue the current owner. The title insurer would have to defend the current owner in court, and if unsuccessful, have to pay the owner back.

The four largest national title insurers — Fidelity National Title, First American Financial Corp (FAF.N), Stewart Information Services (STC.N) and Old Republic International Corp (ORI.N) — control 90 percent of the market.

Title insurance is virtually a required step in a foreclosure sale and provides extra footing for a security. While there are record numbers of homes in foreclosure, these Title insurers pack a lot of financial clout since they have a virtually guaranteed market.

If you’re thinking of buying a foreclosed property in CT, contact Brad Whiteman. He can discuss the details of the property and has resources to help assess the property’s financing history.

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CT Foreclosures Up 3 percent in Feb ’09

According to a Bloomberg Businessweek article, a report says the number of foreclosures in Connecticut increased 3.4 percent from January to February 2009, despite a national decline for the same period.

Foreclosure tracking firm RealtyTrac Inc. said there were nearly 2,300 foreclosure filings in the state in February of ’09, compared with about 2,200 in January.

Total foreclosures nationwide decreased 2 percent from January to February, raising hopes that the housing crisis may be ending. RealtyTrac says more than 308,000 households nationwide, or one in every 418 homes, received a foreclosure-related notice in February.

In light of statistics like these, anyone facing foreclosure has to understand they’re not alone, and there may be ways to avoid foreclosure.

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Connecticut Foreclosures Up Last Three Months of ’09

According to an article in the Hartford Courant, as of 12/31/09, Connecticut Foreclosures had risen a full percentage point in the last quarter of 2009:

Foreclosures and seriously delinquent home loans in Connecticut jumped more than a full percentage point in the last three months of 2009, compared with the previous quarter, according to a new report today.

Nearly one out of every 12 mortgages was in foreclosure or 90 days past due as of Dec. 31. The figures from the Mortgage Bankers Association show continued underlying weakness in the state’s housing market despite some early signs of improvement in sales and prices.

The trend has been grim:

Residential mortgages that were either in the foreclosure process or 90 days or more past due were 8.06 percent of all loans, setting a new record for the eighth consecutive quarter, according to today’s report. As of Dec. 31, Connecticut had 42,012 residential mortgages in that group.

That compares with 7 percent, or one in every 14 mortgages in the third quarter.

Despite the grim news, Connecticut’s foreclosure and delinquency level for this period was still below the national rate of 9.7 percent and about the same for New England.

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