Geekplatesteaks: foreclosure

WASHINGTON -- The Federal Reserve has reversed its opposition to new rules reining in foreclosure abuses, and will support stronger regulations on the nation's largest banks, according to a source familiar with the matter.

The Wall Street reform legislation signed into law by President Obama in July 2010 required federal regulators to write new rules governing the broken market for mortgage bonds. Problems in the packaging and sale of mortgage bonds helped inflate the housing bubble and facilitated the sale of predatory loans nationwide. Since banks could push mortgages on borrowers and then sell them to investors, critics say that banks lacked serious incentives to ensure those loans could be repaid.

The FDIC has been pushing hard to ensure that new regulations on the mortgage bond market include clear instructions for how banks handle mortgages-- and under what circumstances they can evict delinquent borrowers. The bank divisions that collect payments from borrowers and implement the foreclosure process-- known as "mortgage servicers"-- have been plagued by rampant problems with fraudulent documentation. This fraud has resulted in everything from illegal fees charged to borrowers to improper evictions.

The Fed had opposed using the mortgage bond rules to crack down on foreclosure abuses, despite pressure from the FDIC. But FDIC General Counsel Michael Krimminger recently told the Fed his agency would not support any new mortgage bond regulations that do not include strong rules forbidding foreclosure abuses. Krimminger told HuffPost that other regulatory agencies are "moving in our direction on the issue."

Krimminger would not specify which agencies were coming around. But a separate source close to the discussions told HuffPost that the Fed has come on board, with systemic risk watchdogs at the central bank sympathetic to Krimminger's position.

Late last month, more than 50 economists, banking experts and financial reform advocates sent regulators a letter urging them to use the mortgage bond rules to create a gold standard for handling mortgages in a responsible fashion. Many of the rules proposed in the letter were very simple standards, like promptly crediting borrower accounts when they make payments on their loans. But mortgage servicers have had significant problems performing these tasks for years, and regulators have not checked them. The Office of the Comptroller of the Currency (OCC), which regulates the largest mortgage servicers, has never issued any public regulatory sanction against a servicer. Current OCC chief John Walsh also said in a recent Congressional hearing that his agency was unaware of foreclosure fraud problems until the media began reporting them.

A cadre of House Democrats lead by Rep. Brad Miller (D-N.C.) has also urged regulators to use the new mortgage bond rules to crack down on foreclosure abuses and encourage loan work-outs.

LPS Applied Analytics released their November Mortgage Performance data. According to LPS:

• The average number of days delinquent for loans in foreclosure is a record 499 days

• Over 4.3 million loans are 90 days or more delinquent or in foreclosure

• Delinquency rates are down across all products as more loans entered foreclosure and new delinquencies declined.

• Foreclosure inventory increases are being driven both by elevated levels of foreclosure starts as well as a very limited amount of foreclosure sale activity.

Click on graph for larger image in new window.

This graph provided by LPS Applied Analytics shows the percent delinquent, percent in foreclosure, and total non-current mortgages.

The percent in the foreclosure process is trending up because of the foreclosure moratoriums.

According to LPS, 9.02% of mortgages are delinquent (down from 9.29% in October), and another 4.08% are in the foreclosure process (up from 3.92% in October) for a total of 13.10%. It breaks down as:

• 2.61 million loans less than 90 days delinquent.

• 2.16 million loans 90+ days delinquent.

• 2.16 million loans in foreclosure process.

For a total of 6.92 million loans delinquent or in foreclosure.

Note: I've seen some people include these 7 million delinquent loans as "shadow inventory". This is not correct because 1) some of these loans will cure, and 2) some of these homes are already listed for sale (so they are included in the visible inventory).

Two key numbers to watch in 2011 are:

• New delinquencies. With falling house prices, delinquencies could start to increase again.

• Foreclosures. With the end of the foreclosure moratoriums, foreclosure sales should increase - and the number of homes in the foreclosure process should decline. However REOs (Real Estate Owned) will increase unless the homes are sold.

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Thursday, January 6, 2011

foreclosure

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