Wednesday, February 19, 2014

Never punished, they never learn.


The shoddy and dishonest mortgage practices that hurt so many and were supposed to be ended with a nice huge settlement, have just moved to another corner of the banking arena.
A growing number of homeowners trying to avert foreclosure are confronting problems on a new front as the mortgage industry undergoes a seismic shift.

Shoddy paperwork, erroneous fees and wrongful evictions — the same abuses that dogged the nation’s largest banks and led to a $26 billion settlement with federal authorities in 2012 — are now cropping up among the specialty firms that collect mortgage payments, according to dozens of foreclosure lawsuits and interviews with borrowers, federal and state regulators and housing lawyers.

These companies are known as servicers, but they do far more than transfer payments from borrowers to lenders. They have great power in deciding whether homeowners can win a mortgage modification or must hand over their home in a foreclosure.

And they have been buying up servicing rights at a voracious rate. As a result, some homeowners are mired in delays and confronting the same heartaches, like the peculiar frustration of being asked for the same documents over and over again as the rights to their mortgage changes hands.

Wanda Darden of Riverdale, Md., has been bounced among three separate servicers since January 2012. Each time, the mix-ups multiply. “I either get conflicting answers or no answer at all,” said Ms. Darden, who is 62.

Servicing companies like Nationstar and Ocwen Financial now have 17 percent of the mortgage servicing market, up from 3 percent in 2010, according to Inside Mortgage Finance, an industry publication.

At first, some federal housing regulators quietly cheered the shift to the specialized companies, thinking that they could more nimbly help troubled homeowners without the same missteps. But as the buying bonanza steps up, some federal and state regulators are worried that the rapid growth could create new setbacks like stalled modifications for millions of Americans just as many were getting back on track from the housing crisis.

This month, New York State’s top banking regulator, Benjamin M. Lawsky, indefinitely halted the transfer of about $39 billion in servicing rights from Wells Fargo to Ocwen.

Katherine Porter, who was appointed by the California attorney general to oversee the national mortgage settlement, says complaints about mortgage transfers have surged, adding that the servicing companies have “overpromised and underdelivered.” Her office alone has received more than 300 complaints about servicing companies in the last year.
Rapid growth has caused many of the same problems to reappear and the knowledge that any penalties will be affordable in the face of huge profits to be made has the servicers ROTFLTAO. Nothing will get fixed until some gets put in a PHITA jail.

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