Tuesday, 16 Nov 2010 07:13 AM
The disarray stemming from flawed foreclosure documents could
threaten major banks with billions of dollars in losses, deepen
the disruption in the housing market and hurt the government's
effort to keep people in their homes, according to a new report
from a congressional watchdog.
Revelations that several big mortgage issuers sped through
thousands of home foreclosures without properly checking
paperwork already has raised alarm in Washington. If the
irregularities are widespread, the consequences could be severe,
the Congressional Oversight Panel said in a report issued
Tuesday. The full impact is still is unclear, the report
cautions.
Employees or contractors of several major banks have testified
in court cases that they signed, and in some cases backdated,
thousands of certifying documents for home seizures. Financial
firms that service a total $6.4 trillion in mortgages are
involved, according to the new report. Big banks including Bank
of America Corp., JPMorgan Chase & Co. and Ally Financial Inc.'s
GMAC Mortgage have suspended foreclosures at some point because
of flawed documents.
Federal and state regulators, including the Federal Reserve and
attorneys general in all 50 states, are investigating whether
mortgage companies cut corners on their own procedures when they
moved to foreclose on people's homes.
"Clear and uncontested property rights are the foundation of the
housing market," the report says. "If these rights fall into
question, that foundation could collapse."
It lays out the possible scenarios: Borrowers may not be able to
ascertain if they're sending their mortgage payments to the
right party. Judges may block all foreclosures. Prospective
buyers and sellers could be in left in limbo.
For major banks, if they discovered that they still owned
millions of bad mortgage loans they assumed had been sold, the
losses could reach billions.
"Serious threats remain that have the potential to damage
financial stability," Sen. Ted Kaufman, D-Del., the watchdog
panel's chairman, said in a conference call with reporters on
Monday. "This is an incredibly complex problem. ... It could
turn out to be nothing. It could turn out to be a big deal."
The Treasury Department's foreclosure prevention program could
be crimped if mortgage companies taking part in it find their
legal right to begin foreclosure proceedings is challenged,
affecting their ability to modify home loans. Treasury should
actively monitor the effect of the so-called "robo-signing"
controversy on the program, the report urges.
Despite the problems, the Obama administration has maintained
there is no need to halt foreclosures in all 50 states.
Treasury officials say a review has been undertaken of the
procedures for certifying documents for foreclosures of the 10
biggest mortgage companies participating in the program.
"We strongly believe that the reported behavior within the
mortgage servicer industry is simply unacceptable, and
(companies that) have failed to follow the law must be held
accountable," Treasury spokesman Mark Paustenbach said in a
statement. Treasury, various regulators, the Justice Department
and the Department of Housing and Urban Development are
investigating, "and we will continue to monitor the situation
closely," Paustenbach said.
Phyllis Caldwell, who heads the department's homeownership
preservation office, last month told a hearing by the oversight
panel that so far no evidence has emerged of risk to the
financial system from the documents scandal — or from efforts by
mortgage investors to force banks to buy back problem loans
because of alleged misrepresentations of their risk.
That brought protests from some members of the panel, such as
Damon Silvers, policy director for the AFL-CIO labor federation,
who told Caldwell: "It is not a plausible position that there is
no systemic risk here." The report says the position appears
"premature."
"Treasury should explain why it sees no danger" and regulators
should subject Wall Street banks to new stress tests to gauge
their ability to deal with a potential crisis, the report
states.
In legal moves by mortgage investors against banks, one action
alone could seek to force Bank of America to buy back and take
partial losses on as much as $47 billion in soured loans, the
report notes.
The oversight panel was created by Congress to oversee the
Treasury's $700 billion rescue program that came in at the peak
of the financial crisis in the fall of 2008. Of the total, $75
billion was earmarked for mortgage assistance programs.
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