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CONGRESS HEARS OF "FORECLOSURE EXPRESS VS LITTLE ENGINE THAT COULD" FORECLOSURE VS MODIFICATION SCHEME

By
Real Estate Attorney with THE ZARETSKY LAW GROUP - Board Certified Real Estate Atty and AUTOMATED LAND TITLE COMPANY

Congress heard this week about the dual track "Foreclosure Express vs. Little Engine that Could" scenario that lenders use to simultaneously foreclose on a home and attempt modification - all at the same time. This causes huge confusion issues with the borrower with often the end result of a foreclosure where one was not necessary - or could have been avoided if the borrower was not mis-lead. I wrote about this dual track system here on ActiveRain at WHY IS THE BANK FORECLOSING IF I AM DOING A SHORT SALE (OR LOAN MODIFICATION)?

The Washington Post today published an article stating Fannie and Freddie Mac's position that the servicers, and not Fannie or Freddie, were to blame for the foreclosure meltdown because of how they were handling the borrowers.  The article states, for instance:

Meanwhile, (Donald)Bisenius (an executive with Fannie Mae) defended the dual-track approach to mortgage modification and foreclosure embraced by many of its servicers: Attempt to modify a loan to make it more affordable, but also prepare to foreclose if that is not possible.

"While we believe that borrowers who already are under significant stress arising from their financial situations should not be subjected to needless confusion, we also believe that unnecessary delays in an already lengthy foreclosure process would be ounterproductive," Bisenius said.

He noted that foreclosures usually last well over a year, and sometimes close to two. "The dual-track process allows for a delicate balance between the need to minimize losses and protect communities while protecting borrower interests. Lengthy foreclosure delays impose substantial losses on Freddie Mac and taxpayers - by some estimates, $30 to 40 per day and $10,000 to $15,000 per year for every defaulted loan," Bisenius said. "These costs do not include additional losses resulting from depreciation in the value of the property."

Mortgage industry executives have argued for weeks that they are foreclosing only on borrowers who deserve it for missing their monthly payments.

Of important note is that the OCC (Office of Comptroller of Currency), which oversees lenders has specifically accused Freddie and Fannie of lending practices that contributed to same thing Freddie and Fannie are deflecting to the servicers and attorneys.

Keep tuned to CSPAN for continued mudslinging - while borrowers stay confused...........

Copyright 2010 Richard P. Zaretsky, Esq.

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Be sure to contact your own attorney for your state laws, and always consult your own attorney on any legal decision you need to make.  This article is for information purposes and is not specific advice to any one reader.

Richard Zaretsky, Esq., RICHARD P. ZARETSKY P.A. ATTORNEYS AT LAW, 1655 PALM BEACH LAKES BLVD, SUITE 900, WEST PALM BEACH, FLORIDA 33401, PHONE 561 689 6660  email: RPZ99@Florida-Counsel.com - FLORIDA BAR BOARD CERTIFIED IN REAL ESTATE LAW - We assist Brokers and Sellers with Short Sales and Modifications and Consult with Brokers and Sellers Nationwide!  Shortsales@Florida-Counsel.com  New Website www.Florida-Counsel.com

See our easy to understand articles at:

TABLE OF CONTENTS - SHORT SALE AND LOAN MODIFICATION ARTICLES

Deborah "Dee Dee" Garvin
C2 Financial - San Diego, CA
C2 Financial

Richard, I talked with a lender the other day regarding a potential modification for a client and was informed by the lenders employee that the HAMP program has implemented a "One and Done" clause (since April, it seems).  Apparently, if a consumer applies for a mod and is turned done for ANY reason (lack of paperwork, lack of direction from the bank, incomplete file, you name it) there is no recourse.  

The words "One and Done" are not mine...they are exact words from the employee.  And, I thought the Robo-signers were done.  Suggested!

Dec 02, 2010 02:24 AM
Richard Zaretsky
THE ZARETSKY LAW GROUP - Board Certified Real Estate Atty and AUTOMATED LAND TITLE COMPANY - West Palm Beach, FL
Florida Real Estate Attorney

We have seen it with full rejections and with granting and default, but a blanket "one and done" is not good - nor fair, since probably half the time the incomplete documentation is more incompetent file management by the lender.

Dec 02, 2010 02:34 AM
Mike Saunders
Retired - Athens, GA

And it is worse in non-judicial foreclosure states where it can take as little as 4 weeks to go from N.O.D. to courthouse steps.

Dec 02, 2010 04:54 AM
Mike Frazier
Carousel Realty of Dyer County - Dyersburg, TN
Northwest Tennessee Realtor

I can tell that there is lots of confusion out there. Some people are paying a modified payment and have a contract to sell their house. The lawyer searches the title and finds the foreclosure process is already under way.

Dec 02, 2010 05:13 AM
Anonymous
nationalforeclosurenews

The Washington Post recenty reported that an agreement by banks to reform the dual track modification/foreclosure system could be part of a settlment reached between the banks and the 50 state attorneys general, and the Iowa State Attorney General heading the investigation has confirmed that such reform is one of the biggest issues in the investigation.  However, when the CEO of JPMC was asked if he would be willing to ditch the dual track system, he responded "we'd have to be careful with that."

www.nationalforeclosurenews.com

Dec 02, 2010 06:23 AM
#5
Damon Gettier
Damon Gettier & Associates, REALTORS- Roanoke Va Short Sale Expert - Roanoke, VA
Broker/Owner ABRM, GRI, CDPE

I guess we are way past the point of using common sense in looking at these situations?  I wonder how many foreclosures have pending contracts on them just waiting for someone at the bank to work the stinking file.

Dec 02, 2010 01:06 PM