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Bank of America Now Delaying Foreclosures in 23 States

By
Services for Real Estate Pros with Marte Cliff Copywriting

Yesterday I reported that  Bank of America had "nothing to say" about the fraud in foreclosure proceedings... but later in the day they joined JP Morgan Chase and GMAC in suspending foreclosures for 60 days.

Yahoo News has an eye-opening article about what's been happening in the banking industry - and just how far the practice of "sloppiness" in banking has gone.

The creepy part is that they seem to feel justified in being sloppy.

B of A says they will delay foreclosures in 23 states for 60 days to give them time to review all the paperwork. I think they'd better have plenty of reviewers, since they've been processing about 8,000 foreclosures per month.

The 23 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.

Meanwhile, California is looking into violations of their consumer protection laws.

Maybe if they're forced to read all their paperwork before they sign it, a few of those homes that are in the middle of being sold won't be foreclosed upon before closing.

Comments(11)

Tni LeBlanc, Realtor®, J.D.
Mint Properties, Lic. #01871795 - Santa Maria, CA
Tenacious Tni (805) 878-9879

What they did is wrong but I'm not surprised -- this is what happens anytime things become mass produced.  Similar problems happen with companies who get judgments for credit card companies.

I don't know if all these foreclosure delays are beneficial though.  Certainly on the individual level some people would prefer to prolong things (not everyone though).  But I am beginning to believe that stringing out losses works to these companies advantage by helping to offset their profits for years to come. . .just thoughts.

Oct 02, 2010 09:10 AM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

I guess we'll have to wait and see if this delay hurts or helps. Some experts I read yesterday seem to think that this investigation will cause the banks to work more cooperatively with people who want to keep their homes.

Others said that slowing the process would put fewer foreclosures on the market at one time- and avoid the massive free fall that happens when more than half the properties on the market are priced at REO bottom dollars.

Others say we're just prolonging the pain.

We can be sure of one thing - that whatever they do it will be what they think will bring them the most profits.

Oct 02, 2010 09:30 AM
Lori Bowers
La Quinta, CA
The Lori Bowers Group

I agree that they are in it for the profits. One of my frustrations all along with working with banks is the people who we work with are nice, but many are not knowedgeable in real estate. How can they be expected to know what is correct?

Oct 02, 2010 09:53 AM
Trent Dalrymple (248) 854-0625
Home State Bank - Bloomfield Hills, MI
Allowing Mortgage Professionals to Lend Nationwide

The sad part is many homeowners already lost their homes before the banks were caught and it's probably going to be too late for them.  It would be interesting to hear their decision for the 23 states, they couldn't have covered all 50?  If we were that sloppy (fraud) we would have lost our licenses, out of business and up on charges.  They weren't sloppy, they just didn't care!

Oct 02, 2010 10:12 AM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

It would be easy to excuse them... they're in business, so of COURSE they're in it for the profits.

The assumption is that we shouldn't expect them to care. To that I say... Bull Sh..

You and I are also in business, and if we weren't making any profits we'd go be in some other business.

And... if we didn't care about the people we serve, we'd be out of business pretty darned fast.

I believe what happened - at least at B of A - is that after they got our tax money they started figuring out how to keep it for the executives. They fired many of their old, knowledgeable employees and hired cheaper people who knew nothing. Just my opinion because I know someone who worked there for close to 30 years and was "downsized" out of a job just as soon as B of A got the money.

The reason it's only 23 states is because those are the states that demand proof. They can get away with it in the other states without oversight.

Meanwhile... What I'm reading is that some of the people who already lost their homes are filing suit. And I hope they win.

Call me mean-spirited, but I hope the banks have to pay for their fraudulent behavior.

Making a profit is fine. I'm all for the capitalist system. But only if that profit is gained honestly.

Gouging, lying, and deliberate sloppiness are not OK.

Oct 02, 2010 12:43 PM
Lynda Eisenmann
Preferred Home Brokers - Brea, CA
Broker Associate ,CRS,GRI,SRES, Brea,CA, Orange Co

Hi Marte,

Thanks for the info, I'd expect CA to join soon myself. It will be interesting to see the repercussions, I can just see the lawsuits building now.

Oct 02, 2010 02:01 PM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

Lynda - Whatever California is doing has to do with consumer protection laws. For whatever reason, their procedures with regard to foreclosures are different from those in the 23 states affected by this freeze.

But... if they can go after the banks from a different angle, all the better.

They want consumers to be held accountable. It's time THEY were held accountable as well.

Oct 02, 2010 04:57 PM
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

I've been reading up on MERS, and it is so freakin' scary! 

PS  I just included one of your posts in my weekly summary.  Here is the link:  http://activerain.com/blogsview/1891789/last-week-s-favorties-september-26th-october-3rd
Cheers!
Pat Kennedy

Oct 03, 2010 02:13 AM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

Pat - Thank you!

Oct 03, 2010 04:45 AM
Jose Dias
Home Sellers Help in Scottsdale-Phoenix-Peoria-Glendale - Scottsdale, AZ
Sell Your Home in Scottsdale-Phoenix-Peoria-Glendale-Goodyear

Marte,

I don't fully understand what is going on. I guess we will have to wait to see how it all plays out. And it seems that Bank of America is not the only one. Chase and others are also reviewing their cases.

Thank you for writing about this.

Cheers.

Oct 03, 2010 06:20 AM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

Jose - So far it's Chase, GMAC, and Bank of America who admit to not reading the files before they sign the foreclosure documents. Wells Fargo says it's paperwork is all in order.

This is probably why homes have been foreclosed on while in the middle of loan modifications or short sales... the foreclosure departments didn't bother to read and know what was going on.

Oct 03, 2010 06:46 AM