Millions of current and former homeowners will have a chance to get their foreclosure cases examined to determine whether they should be compensated for banks’ mistakes, under a wide-ranging review being planned by federal regulators. Ssoo let’s see 6 Million foreclosures 50,000.00 each that’s 300 BILLION I think they are going to sweep this under the carpet just like the Countrywide deal and say they fixed it. I believe that the only way to get compensated is through litigation although this is a great admission and could be used in future litigation.
![[Mortgage]](https://i0.wp.com/si.wsj.net/public/resources/images/MI-BL544_Mortga_NS_20111003183320.jpg)
The review process, which could be unveiled in the next few weeks, will be open to borrowers who were in some stage of foreclosure in 2009 or 2010. Estimates prepared by the Office of the Comptroller of the Currency, which will oversee the review, indicate that 4.5 million borrowers could be eligible for review.
John Walsh, acting head of the OCC, unveiled some aspects of the plan in a speech last month to banking executives, when he said the agency was exploring “the best means of ensuring that injured homeowners had the opportunity to seek relief,” when they were harmed by lender improprieties.
The process will include a broad public-outreach campaign, including direct mail to eligible borrowers and a single website and toll-free number. The reviews will be conducted by independent third-party companies that were hired earlier this year by 14 banks that signed consent orders in April with the OCC and the Federal Reserve. The regulators had to sign off on the selection of these companies.
“It’s a substantial undertaking at great expense to the banks,” said Tim Rood, a partner at Collingwood Group, a housing-finance consulting firm.
Borrowers who are determined to have suffered “financial injury” could be eligible for compensation that would be determined on a case-by-case basis by the third-party firms. Borrowers will have to request reviews before a cutoff date, likely to fall near the end of the first quarter of 2012. It hasn’t been determined whether borrowers that accept restitution would have to agree to surrender related legal claims.
Regulators declined to provide estimates of the amount of money that injured borrowers might receive or how much the program might cost lenders.
However, few if any borrowers are expected to have foreclosures overturned.
The review process is one of several continuing efforts to address disclosures that surfaced a year ago over banks’ use of “robo-signers,” bank employees who signed off on huge numbers of legal foreclosure filings daily and falsely claimed in the documents to have personally reviewed each case. The disclosures prompted some judges to question the veracity of other bank foreclosure practices.
The process is separate from the months-long talks between federal agencies, state attorneys general and banks to reach a multibillion-dollar settlement over foreclosure abuses. That effort took a big step backwards Friday, when California Attorney General Kamala D. Harris called the deal “inadequate” and pulled out of the settlement talks.
The loss of California could cripple any settlement because the state has among the nation’s highest volumes of foreclosures. Banks are less likely to agree to the $25 billion price tag pushed by federal and state officials without the participation of California. Banks, federal officials and state attorneys general are set to resume meetings in Washington on Tuesday.
Representatives for both sides said they still hope to reach an agreement despite Friday’s setback. The banks “remain committed to the dialogue and continue to believe that a global settlement would be an effective means of supporting the recovery of the housing market and helping to strengthen the economy,” said one person familiar with the banks’ thinking.
“We are still full-steam ahead,” said a spokesman for Iowa Attorney General Tom Miller, who is spearheading the 50-state negotiations. “With or without some states, we are still moving forward.”
Bloomberg NewsBorrowers who suffered ‘financial injury’ could be eligible for compensation. Here, a foreclosure sign hangs in front of a house in Canton, Mich., in March.
In the OCC review process, financial injury could cover a wide range of misrepresentations or errors committed by mortgage companies, according to people familiar with the process.
Banks could be liable if they miscalculated mortgage payments or applied impermissible fees or penalties. A handful of borrowers have alleged that mortgage-servicing companies, for example, improperly placed expensive insurance coverage onto their mortgage, pushing them into default and preventing them from becoming current with their payments.
Borrowers may be able to receive compensation if the review finds that the bank moved a borrower to foreclosure while the bank was receiving partial payments as part of a trial or permanent loan modification. Compensation might also be due if borrowers provide evidence that they provided the necessary documentation required to qualify for a modification but were denied the modification.
A separate report to be released on Tuesday raises new questions over Fannie Mae‘s oversight of the attorneys that conduct foreclosures on its behalf. The report, from the inspector general for the Federal Housing Finance Agency, faulted Fannie for inadequate oversight of those firms
Since 2008, Fannie has required its mortgage servicers to use designated law firms that are part of its “retained attorney network.” The network arrangement allows Fannie to negotiate discounted rates with approved firms, which in turn can lock in business from the nation’s largest mortgage investor.
The report said that in June 2010, the FHFA conducted a two-day field visit to Florida, where it found that “documentation problems were evident and law firms…were not devoting the time necessary to their cases due to Fannie Mae’s flat fee structure and volume-based processing model.”
FHFA staff subsequently informed senior Fannie officials that its attorneys were “increasingly unprepared when they enter the courtroom,” leading to a larger backlog of foreclosures.
Fannie Mae declined to comment on the report.


Do you really believe under the current Administration that there will be resolution and restoral to homeowner’s who have had their homes stolen from them. Follow the yellow brick road.
Probably not when you consider that the banks are in bed with the fed reserve bank, and that Geitner is in charge of the treasury. It has been reported that they were actually bailed out for 16 trillion dollars: http://sanders.senate.gov/newsroom/news/?id=9e2a4ea8-6e73-4be2-a753-62060dcbb3c3. This shows US that they really don’t care about accountability, and just like any old thief, only feels bad when they get caught, only in their case they got the feds to back them up and basically tell US to go fly a kite!
If anyone makes the bucks on this one it will be the attorneys that will jump at the chance to help those that they were refusing to help. They will of course take their cut or percentage of the payout and little will go to the homeowner anyway.
The fault lies with not only the banks that perpetrated this huge scam but with the local judicial systems that did not make the time or want to “rock the boat” when coming up against the banksters.
We’ve been pro se for over a year now, trying to point out the illegal actions and procedures to our local county court over Deutsche Bank and their unlawful actions in an illegal foreclosure and illegal sale. The court has had this case and the civil case under submission and have now ruled to grant Deutshce Bank’s demur.
I’m here to tell you folks that hope to save your homes that if you go in pro se it is alot of work and self education. IT will make you sick from the stress. The courts will never allow you to win your case because if you don’t have an attorney then you aren’t playing by their rules and they don’t like you. (period) end of story and will not rule in your favor.
We have followed in detail, Timothy McCandless’s format, filing all the things that were appropriate for this particular case. One of our CD’s of the actual hearing states clearly that the judge was ticked off because we failed to get an attorney. We tried, boy did we try, but either the attorney wanted too much money up front, didn’t have the time and resources for the case, did not understand the complexity of real estate law or in most instances in this area were not able to help because they had at some point actually represented Deutsche Bank and it would be a conflict of interest.
So good luck, am sure they will continue the foreclosure’s and as the nation settles in to the standards of a third world country we will only see more of the same.
Mrs/Ms Barker………………… you are right on. Having battled with first Wells Fargo and then Federal Home Loan initially without counsel and later with (no help), it drains the energy from you and leaves one totally disillusioned. The OCC and AG (Cal) completely a waste. I guess the question is, who is going to step up and take the lead on correcting these wrongs to American homeowners ? The legislature ? I doubt it.
Hi, I just wanted everyone to know that I witnessed the improper bahavior of the banks first hand. We had a loan with Countrywide, which was a very bad loan in that it was an interest only loan, meaning the 5,000 per month we gave as payment was only applied to the interest. We tried to get a refi, but soon Countrywide went belly up, of course rescued by the behemoth BofA that promised to give us a modification. We got behind only a few payments due to personal emergencies, but called them and worked out a plan to pay down what we owed (recorded calls). Everything was going smoothly until they suddenly sent back a payment with no expalnation. When we called them to ask them why, they only said that we were going into default mode, but also said they were still processing our modification. We were held up for months, while the interest only payments were mounting. We eventually got a call on our answering machine saying we had been approved. We called the number, again and again over the course of a month, but no one called back after we left several messages. Eventually, we got through, but the woman said, “You’ve been approved for a short sale.” and “Bank of America rarely does loan modifications.” with kind of a chuckle after we told her we were to be approved for a loan modification. We were stung and upset at how the bank lied to US! Now, they are forcing us out in two weeks I found out from my roommate, but I was never served because I was out of town on a project. What to do??? Any suggestions before Oct 17th?
Mario………………. went through similiar situation with Wells here in Cal. Their summary position is ignore and make promises that later are broken. We even had recorded call and were told recission of trustee sale was withdrawn, which was later denied to have been said. Where are you located ?