Archive

Posts Tagged ‘foreclosures’

Nation’s First ‘Robo-Signing’ Indictments

November 27th, 2011 2 comments

For a couple of Orange County (CA) residents Thanksgiving weekend just wasn’t what they were accustomed to. A Nevada grand jury indicted the couple in what appears to be the first criminal case filed connected to the nationwide ‘robo signing’ scandal. According to Jeff Collins, reporter with  the OC Register, ‘both are title officers who worked for the Jacksonville, FL mortgage servicing firm Lender Processing Service.”

The time is ripe for the  Lenders ‘C-Level’  Suite to step up, put a stake in the ground that these issues should never be tolerated – and move forward with an all-electronic and digital transaction – eliminating the associated fraud associated with human error, back-dating, white-out, cut and paste signatures, substitution of  false documents, etc. Secure ‘tamper-resistant’ document processing technology has been available for years – tested, live and certified (by all Industry participants/leadership-sans Lenders) - gurading against such ‘all-so-common’ instances of fraud and outrageous manipulation. The article further mentioned a Huffington Post quote from University of Minnesota law Professor Prentice Cox, a former Assistant State Attorney General, adding: ” When criminal prosecutions are done for robo-signing, I would hope the target of those prosecutions would be the people who designed the system and profited from it, not just the low level people doing what they were told.” Read More

 

Share

False Signatures Again-Is it Time For Lenders to Demand Secure e-Signatures?

March 18th, 2011 No comments

It’s hard to believe that after more than a decade of the passage the Federal E-Sign Act (June 2000) we are still reeling from headlines like this:

More foreclosure irregularities alleged in Maryland

Former law firm employee says over 1,000 deeds were recorded with false signatures
(Read Full Article)

You have to wonder what else it would take for the Industry to adopt secure and compliant electronic signatures, records, contracts, agreements and processing? ‘Robo-Signing’,  backdating and manipulative notarizations, people falsely ‘wet’ paper signing as imposters, etc.-astounding!

Now is the time for all good lenders, servicers and investors to reduce the ‘human error’ factor and protect all parties involved in one of the largest transactions anyone will make in their lifetime. identity verification, authentication, Tamper sealing, document integrity, secure e-Vaulting, etc.  No longer an experiment – the time is now to stop the Madness!

Share

Mortgage Mess: Documents Forged and Missing??

October 24th, 2010 No comments

“Prosecutors allege that corners may have been cut, signatures forged, documents backdated and/or lost……valuable Promissory notes missing, Robo Signers….” according to ‘Shredding the Dream‘ article appearing in Bloomberg  - You must be kidding , right?

Does this finally bring us to the tipping point to fully engage e-Mortgages?  As defined by the Mortgage Bankers Association (MBA) an “e-Mortgage is one that starts electronic and ends electronic”- read NO Human hands on a piece of paper. Settleware’s definition also includes ‘Compliance, Compliance, Compliance’! By integrating our secure e-Signature workflow into the mortgage process, including e-Disclosures, e-Notary, e-Recording, e-Vault and e-Notes, documents are prepared, reviewed and signed in a pure safe and secure environment. Once parties are authenticated documents are e-Signed , locked down/tamper proofed, and can no longer be manipulated. No missing documents, pages, signatures or initials and all information is 100% legible-No Faxing and No Scanning. Documents are then securely stored in an e-Vault along with a tamper resistant audit trail for safe harbor and accessible only to those with proper credentials and permissions.

Now is the time for all good men…..to remove the paper friction and eliminate these issues clouding the market – all parties would welcome this relevant technology, especially the courts!

Brought to you by: Settleware e-Signing

Share

JPMorgan Suspends Foreclosures over ‘Robo-Signing’ Controversy

October 5th, 2010 No comments

Published on FierceFinance (http://www.fiercefinance.com)

By Jim Kim
Created Sep 29 2010 – 8:33pm

For mortgage servicers, the recent moves by GMAC Mortgage and JPMorgan Chase to suspend foreclosures is nothing short of a nightmare. Lawyers for aggrieved mortgage holders have thrown a huge wrench into the market with revelations of so-called robo-signers who sign documents en masse, without personally reviewing the documents they are supposedly attesting to.

A  deposed Chase employee said she and her team signed off on about 18,000 foreclosure documents a month without reviewing the loan files, reports MarketWatch. Up to 56,000 cases are affected.

At GMAC, a professional signer said he signed up to 500 foreclosure affidavits a day without reviewing files or having his signatures notarized, MarketWatch notes.

This has exploded into a huge control and compliance issue that may expand to other mortgage servicers, while presenting something of a gift to affected homeowners. Lawyers would like to pain this as an issue of servicers not knowing who holds the note. But in the case of JPMorgan, signers say they relied on the work of others in the firm. That may not prove to be enough, however.

The servicers have seen enough to know that suspending foreclosures is the safest move right now. State AGs are taking a close look at the situation. It’s all complicated by the fact that the U.S. is a big owner of GMAC.

For more:
- here’s a MarketWatch article [1]

Share

3 Years of Shadow Inventory

May 4th, 2010 No comments

Housing Wire – Posted By JON PRIOR On February 16, 2010 @ 1:03 pm | 13 Comments

The “shadow inventory” of bank-repossessed properties, as well as distressed mortgages facing foreclosure, will take nearly three years to clear at the current sales rate, according to a report from the credit rating agency Standard & Poor’s (S&P). The analysts add that during this period many servicers will likely shift their emphasis from mortgage modification to loan liquidation.

The “shadow inventory” of homes includes all delinquent loans and real-estate owned (REO) property that has not reached the market. REO property are foreclosed homes taken back by the bank for liquidation. As for the total amount of homes in the shadow inventory, Amherst Securities places the total at 7m [1]. The Royal Bank of Scotland found 2.7m [2], and First American CoreLogic counted 1.7m [1].

S&P estimates the inventory to equal a 33-month supply of homes. Analysts added the estimate is actually conservative, as they did not assume homes not showing signs of distress would default and push the overhang of supply even further.

Furthermore, court delays, political pressure and servicing backlogs constricted the flow of foreclosures hitting the market to a trickle. These delinquent borrowers who have not received a foreclosure fuel the “rapidly” growing shadow inventory of properties, according to the report.

“Overall, it is our opinion that recent positive housing reports should not be construed as a sign that the distress in the residential housing market is abating, but rather should be attributed to the temporarily limited supply of homes on the market,” according to the report.

Another credit rating agency, Moody’s, showed that the underwhelming performance of the Home Affordable Modification Program (HAMP), which the US Treasury Department launched in March 2009 to give incentives to servicers for the modification of loans on the verge of foreclosure, will drive down housing prices another 8% [3] from Q409 to the end of 2010.

According to the S&P report, homes are falling into serious delinquency faster than REO transactions are closing. The total balance of seriously delinquent loans reached well over $400bn through November 2009, while the balance of REO properties reached its peak in September 2008 and declined to $50bn. On average, $14.5bn of seriously delinquent loans or REO property liquidates each month. According to the report, it will take 29 months to clear this supply of homes:

The other four months worth of supply comes from re-defaults on delinquent loans currently cured – or brought back to current status through a loan modification. Following current trends, S&P analysts predict that 70% of the cured loans will re-default. The total balance of these re-defaulting loans and the current amount of serious distressed loans will reach $473.4bn, nearly 30% of the total outstanding balance on all privately securitized loans.

With the launch of HAMP, servicers shifted strategy from liquidation to modification. The amount of loans that progressed from seriously delinquent to REO fell to 28% in Spring 2009 from 58% in June 2008. In that time, seriously delinquent loans that cured went from 32% to 58%, according to the report. But analysts found that this shift was only temporary.

“We believe that the recent constriction in the supply of foreclosed homes on the market is a temporary one,” claim the analysts.

“Loan modifications and the observed extension of time distressed loans remained as such may simply have delayed the inevitable, creating the demonstrated shadow inventory of troubled loans,” they wrote. “Ultimately, the majority of the properties these distressed loans represent will likely have to be liquidated.”

Write to Jon Prior [4].

Share