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Bank of America, GMAC, and EMC/Chase are FREEZING Foreclosures due to Defective Documents

By
Real Estate Broker/Owner with MBA Broker Consultants CalBRE Broker #00983670

"Bank of America, the country's largest mortgage lender by assets, said on Friday that it was reviewing documents in all foreclosure cases now in court to evaluate if there were errors.  It is the third major lender in the last two weeks to freeze foreclosures in the 23 states where the process is controlled by courts.

"But Bank of America went further than the first two lenders, GMAC Mortgage and JPMorgan Chase, which have said they will amend paperwork only in cases they think were improperly done. So far, that has amounted to only a handful of cases.

"Bank of America, in an e-mailed statement, said it would "amend all affidavits in foreclosure cases that have not yet gone to judgment." That could mean tens of thousands of foreclosure cases would be in limbo for months or, if the consumers in default hire lawyers, years."

Read the rest of the New York Times article: 

http://www.nytimes.com/2010/10/02/business/02mortgage.html?_r=1&src=mv

"The nation's largest bank has halted foreclosures in certain states after evidence was disclosed that it too had ill-famed "robo-signers" rubber-stamping approvals of foreclosure cases without verifying their validity.

"Bank of America has placed foreclosure actions in 23 judicial states on hold while it determines if the paperwork was processed correctly and affidavits by staff members were indeed legitimate. The company has not yet disclosed how many foreclosure cases the suspension affects.

"BofA is the third major mortgage lender in two weeks to call for a freeze on foreclosures out of concern that faulty documentation could give borrowers grounds to overturn court-ordered evictions."

Read the rest of the DS News article here:

http://www.dsnews.com/articles/bank-of-america-suspends-foreclosures-in-23-states-2010-10-01

Are you a homeowner who was illegally foreclosed upon and evicted from your home?  If so, you may want to seek the advice of a mortgage attorney.  Don't have an attorney?  Or can't afford an hourly attorney?

Get great legal services through Pre-Paid Legal at www.BrownBiz.net and lots of benefits!  I've been a member of their legal network for many years and it has saved me thousands of dollars.  Questions?  Feel free to call or email me!

 

Posted by

Regina P. Brown
Broker, Realtor®, M.B.A., e-Pro, GREEN
California DRE # 00983670
www.CalCoastCountry.com

                

Text copyright © 2011-2018 R.P. Brown, All Rights Reserved

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Vickie Nagy
Coldwell Banker Residential Real Estate - Palm Springs, CA
Vickie Jean the Palm Springs Condo Queen

Robo-signers should have been whistle blowers. How can someone in that position not realize how wrong it is to sign documents without reading them?

Oct 04, 2010 08:51 AM
Emily Medvec
eXp Realty LLC - Santa Fe, NM
Broker | Realtor | Serving Santa Fe & Northern NM

This is just the tip of the iceberg and it demonstrates what happens when the focus is more on a document crisis rather than any clear vision and national policy on how to handle this already tragic housing market. If homeowners could NOT have been pushed into foreclosure and instead there were home loan modification programs which required the banks to participate, perhaps our housing sector market could be stabilized - without lying to the courts, homeowners or homebuyers.

Ask your Congressman and Senator why they did not allow cram downs (where the secured loan is revalued to market value) usually by bankruptcy judges for a mortgage on a primary residence. This was possible until 1978. It is time for our elected officials to stop deferring to banks and make a difference with considering cram downs as a viable alternative.

Oct 04, 2010 09:07 AM
Rama Mehra
Asante Realty - San Ramon, CA
TOP 1% REALTOR IN THE TRI-VALLEY

Emily our Senator's and Congress folks are all on the bank payroll. I had a situation with a foreclosure for one of my sellers and we contacted the Senator's office for help- we were told they have a "closed door" policy, please fax your case file. Which we did and never heard back anything. The banks will continue their foul play just because they are in "protected" by politicians

Oct 04, 2010 06:31 PM
Barb & Sal Dragotta
Macomb, MI
Macomb County Michigan

Emily....we have been watching this is great interest;  the impact on the housing market is yet to be seen. The sadly funny part of this is that recently Barney Frank--of the F&F twins 'there is nothing wrong with Fannie or Freddie....' quote does not seem to even know about this 'freeze', or  his part in the problem. 
the loan modification programs around the nation are too varied to decipher and therefore no one is minding the store, as usual.  Will this freeze help anything is very much up in the air 

Have a good rest of the week.

Barb & Sal 

Oct 06, 2010 03:22 PM
Dave Halpern
Dave Halpern Real Estate Agent, Inc., Louisville, KY (502) 664-7827 - Louisville, KY
Louisville Short Sale Expert

Banks should expedite short sales so they can avoid the title problems associated with their flawed paperwork.

Oct 07, 2010 08:14 PM
Regina P. Brown
MBA Broker Consultants - Carlsbad, CA
M.B.A., Broker, Instructor

I agree with everyone.  Vickie, the "clerks" aren't whistle-blowers because they just DON'T CARE as long as they get their paycheck.

The banks need a lot more accountability.

Oct 09, 2010 05:34 PM
Steve Davis
Davis Coastal Properties - Carlsbad, CA
Carlsbad CA

How will this effect short sales Regina? Will the banks shift more employees to handling the short sale process?  I do not think so!

Oct 10, 2010 06:48 PM