Love's Real Stories

Answering all the real estate questions you never knew you had.

Category: Big Banks

Rubber Check Time

Here’s a man who says he lost his home to foreclosure, though he never failed to make a single payment to his bank.

“I was working overseas,” said Allen Coltin, “and to my surprise, my bank sent me foreclosure letters. I called them. I screamed. I had an attorney scream and write letters. They foreclosed and made me hit the road.”

Colton has been waiting for a promised settlement. “I can sue them, but these guys are playing with monopoly money.” He has not drawn the monopoly card that says “The bank has made a mistake in your favor.” More like: “Go directly to jail. Do not pass Go.”

In the meantime, the “Big Five” in the banking business (B of A, Wells Fargo, etc.) made a settlement with the Feds and the States to pay out billions of dollars to people who similar to Colton, were victims of “foreclosure abuse.” The payouts have begun, but sadly, and perhaps not surprisingly, some of the payout checks are bouncing like rubber balls.

The official word from the banks: “No comment.”

The official word from the consulting company hired by the Treasury Department to handle the payouts: “Our employees are not authorized to speak concerning this matter. Therefore, no further information is available through our office.”

The official word from the Treasury Department: “Take a hike,” (according to one of the rubber-check recipients).

Granted, this is a complicated business. After all, the settlement money is $3.6 billion; being paid out to 4.2 million people, in amounts ranging from $300.00 to $125,000.00. What’s the likelihood the right check will go the right person, bouncing or not?

Guess who got a check for $300.00? Allen Coltin. “And it bounced!” he screeched. “Mine was supposed to be $125,000.00! I lost my house! Gaaa!”

On the other hand, we find the lucky ones. Here’s a woman who pulled a good monopoly card: “I just got a check for $125,000.00,” she said. “I had no idea it would be that much. I knew I got jacked around by the bank, but this changes everything!”

Here’s a man who got a letter from his bank stating his entire home loan was forgiven because “Our institution has been made aware of errors in the transference of documentation regarding your mortgage.” The man remains nameless, and all he said is, “Shhh!” and very quietly, “Yeehaww.”

As for Allen Coltin, he’s still looking for that Get Out of Jail Free card.

Restraining Order

Anita Neston needs a restraining order against her ex. Her ex-bank, that is. Anita and her bank parted ways last year, due to irreconcilable differences, resulting in a short sale of Anita’s house. The bank had displayed odd and sometimes abusive behavior during their relationship, but new stalking and harassment tactics began after their relationship officially terminated when the short sale closed. “The bank won’t leave me alone,” said Anita, “and nobody will help me. I’ve called everyone. I’m going absolutely crazy!”

Anita’s relationship with the bank began when she and her husband, Greg, built a new home in the Sierra Nevada foothills. The bank offered abundant money and favorable terms for financing. The home was beautiful- a little bigger than they originally envisioned- but the loan payment was right where they wanted it. Five years after the Nestons moved into their new home, they separated, and Anita couldn’t afford the payment on her own. Unfortunately, the real estate market had nose-dived, and the value of her home had dropped below the loan amount.

The bank began processing a loan modification, assuring Anita she would be approved, then changed gears and said her only option was a short sale. “The right hand didn’t know what the left hand was doing,” said Anita. “I filled out paperwork after paperwork for both a loan modification and a short sale.” Eventually, the short sale went through, and closed last December.

Then the harassment began. The bank began sending a relentless barrage of letters and packages to Anita at her old and new addresses, all to do with applying for a loan modification. “This is after I sold the house and moved!” says Anita. She gets phone calls demanding her to pick up packages and complete and return required documents. “The packages just keep coming; big fat things with lots of applications and forms. People tell me to just throw them away and ignore them,” she says, “but I get calls, too, one at 7:30 this morning for instance.”

Anita says the State Attorney General’s office told her the bank gets incentives for offering loan modifications. “So they’re sending all these packages to dead-ends. My Fed-Ex driver told me she delivers hundreds of these same packages all over the place,” said Anita. “She knows they are useless, but it’s her job to deliver.”

“It’s a waste of resources and wrong,” said Anita. “I wish others would speak up; maybe together we could do something about this!”

Anyone?

Foreclosure Rebate

Trickling down from the $25 billion National Mortgage Foreclosure Settlement, a number of Californians are in line to receive payment from the State Attorney General’s office for faulty foreclosure tactics by banks. So far, according to Attorney General Kamala D. Harris, 432,584 eligible people in California have been sent claim forms to qualify for the payment.

The National Mortgage Settlement is the bargain made last year by banks facing lawsuits as a result of their bungled and illegal foreclosure proceedings. The banks agreed to pay $25 billion to the federal government to be distributed among states who participated in the negotiations for the settlement. Attorney General Harris, representing California, walked out of the settlement negotiations at one point, unsatisfied with the amount of payment earmarked for the Golden State. Harris stuck to her guns, reminding settlement negotiators that California was the hardest hit state in the foreclosure crisis, and therefore deserved more money from the offending banks. California wound up receiving 18 of the 25 billion dollars.

Eligible people to receive payment are people who were foreclosed on between January 1, 2008 and December 31, 2011, whose loans were serviced by Bank of America, JP Morgan Chase, Wells Fargo, or Ally/GMAC.

The amount of settlement for each eligible person in California is estimated to be approximately $847.00, not a lot of money in the big picture, but nothing to sneeze at, nevertheless. Payments are scheduled to be mailed mid-year 2013.

Packets were mailed out to eligible people from the California Department of Justice. The Attorney General understands that people may no longer live at the addresses to which the packets were sent, so a website and phone line have been set up for people who think they might be eligible.

The web address is www.nationalmortgagesettlement.com, and the phone number to call for a “settlement administrator” is 866-430-8358.

Attorney General Harris states, “Eligible people do not need to prove financial harm to receive a payment, nor do they give up their rights to pursue a lawsuit against their mortgage servicer or to participate in the ‘Independent Foreclosure Review Process’ being conducted by federal bank regulators. More information about that program is available at www.independentforeclosurereview.com.”

If you think you got it coming, go for it.

Banks Busted for Bilking Soldiers

The National Mortgage Settlement to help struggling homeowners, in which $25 billion was negotiated with the five biggest banks as a fine for fraudulent mortgage practices, brings special help to members of the Armed Services:

  • Wrongful foreclosures: Bank of America, Chase, Citi, Wells Fargo, and Ally have agreed to conduct a review, overseen by the Department of Justice’s Civil Rights Division, to determine which service members were foreclosed on in violation of the Servicemembers Civil Relief Act (SCRA) since Jan. 1, 2006. The banks are required to provide any service member who was a victim of a wrongful foreclosure with a payment equal to their lost equity, plus interest, and an additional $116,785.

The compensation for service members is in addition to the $25 billion settlement.

  • Interest Charged in Excess of 6 percent: The banks have agreed to conduct a review, also overseen by the Department of Justice’s Civil Rights Division, to determine whether any service member, from Jan. 1, 2008 to the present, was charged mortgage interest in excess of 6 percent after a request to lower the interest rate. The banks are required to pay a refund to service members, with interest. This compensation to service members is also in addition to the $25 billion settlement.
  • Veterans Housing Benefit Program: $10 million will be paid into the Veterans Housing Benefit Program Fund through which the Department of Veterans Affairs guarantees loans on favorable terms to eligible veterans. Many veterans with VA loans will be eligible for relief provided through the servicers’ $20 billion consumer relief obligations.
  • Foreclosure Protections for Servicemembers in Harm’s Way: The Servicemembers Civil Relief Act prohibits banks from foreclosing on active duty service members without first securing a court order. The settlement extends this protection to all service members, regardless of when their mortgage was secured, who within nine months of the foreclosure received Hostile Fire/Imminent Danger Pay and were stationed away from their home.

If you or anyone you know is a Member of the Armed Services, and may have been victimized by B of A, Chase, Citi, Wells Fargo, or Ally, go to http://www.nationalmortgagesettlement.com, and follow directions.

Who You Gonna Call?

Is your home loan amount too high, and your home value too low? Who you gonna call?

Keep Your Home California. (Get your loan amount reduced).

Are you on Unemployment and struggling with your house payment? Who you gonna call?

Keep Your Home California. (Get $3,000/month to help with payments).

Are you behind on your house payments because of a financial hardship? Who you gonna call?

Keep Your Home California. (Get money to bring back-payments current).

Are you a short-sale seller and need money to move? You know who to call.

Keep Your Home California. (Get $5,000 to help with relocation expenses).

Keep Your Home California has money and they just changed their rules. Now more people can get help, and they can get more money. The program is state-run and is funded by Federal money- $2 billion- and has been up and running since 2008. California got the money as one of 18 so-called “Hardest Hit” states.

The program is designed to help people with “low to moderate income” who have suffered financial hardship. But the payouts have been slow, quiet, and disappointing for two reasons:

Reason #1) Keep Your Home California wouldn’t pay out to people unless banks matched payments dollar-for-dollar. There was no law forcing banks to do this – it was strictly voluntary, an incentive program for banks to “do the right thing.” So to no one’s surprise not all banks jumped in to join the program.

Reason #2) the two government-sponsored enterprises that hold most of the loans in California, Fannie Mae and Freddie Mac, wouldn’t play along at all.

Reason #1 has been blown out by Keep Your Home California, who just announced that starting next month they will no longer require matching funds from banks. That means if you qualify, you could get your loan reduced by up to $100,000 without bank interference.

Reason #2 has been blown out by Fannie Mae and Freddie Mac, who just announced they will now play along. That means the majority of hard-hit homeowners, who previously had no chance of getting money, are now in the game.

Go to keepyourhomecalifornia.org or call 888-954-KEEP(5337) to see if you qualify.

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