Mortgage fraud reports swell 20% in third quarter

By Justin T. Hilley • March 5, 2012

 

Suspicious mortgage fraud activity that occurred at least four years ago induced filings in the third quarter to spike 20% from a year earlier.

Financial institutions filed 19,934 suspicious activity reports involving mortgage loan fraud  in the three months ended Sept. 30, up from 16,567 in the same period of 2010, according to the Financial Crimes Enforcement Network.

Nearly 62% of the filings in the quarter involved suspicious activity that began at least four years ago. In the year-earlier third quarter, that figure was 24%. Instances of alleged fraud stem largely from mortgage repurchase demands and filings from depository institutions related to originations during the height of the housing boom.

Mortgage processor DocX indicted in Missouri on forgery charges

Missouri alleges firm “robo-signed” papers used in home foreclosures.

 

 

Attorney General Chris Koster shows blown-up examples of signatures his office maintains were forged. By Diane Stafford - The Kansas City Star.

 

Missouri Attorney General Chris Koster is leading one of the nation’s most aggressive prosecutions against an alleged “robo-signer” of mortgage documents.

A Boone County grand jury has handed up a 136-count indictment against DocX LLC and its founder, Lorraine Brown, accusing them of forgery on 68 notarized mortgage documents that were used in home foreclosures. The documents were filed with the Boone County recorder of deeds as if they were genuine.

DocX was a mortgage document-processing company with offices across the country. Owned by a Florida corporation, DocX executed and notarized millions of mortgage documents for big banks and loan servicers.

Eric Schneiderman Sues Bank of America, Wells Fargo, JPMorgan Chase Over Electronic Mortgage Fraud

Eric Schneiderman

Three big banks were hit on Friday with yet another lawsuit related to wrongful foreclosures. Democratic New York Attorney General Eric Schneiderman filed suit against Bank of America, JP Morgan Chase and Wells Fargo for deceptive and fraudulent use of a private database used to register mortgages, according to a Friday press release from his office.

Schneiderman has been outspoken in urging the Obama administration to hold the nation’s largest financial institutions accountable for their role in the foreclosure crisis, notably hesitating to join a larger nationwide case against the country’s five largest banks for mortgage fraud. States now have until Monday, according to the Iowa attorney general‘s office, to decide to join that deal.

Washington’s Maria Cantwell to DOJ: Fully Investigate Fraudulent Foreclosures Before Bank Settlement

In letter to DOJ, Cantwell demands full investigation into robo-signing scandal and ‘pump and dump’ mortgage bubble scheme

 

WASHINGTON, D.C. – Today, U.S. Senator Maria Cantwell (D-WA) demanded the Department of Justice fully investigate financial institutions’ fraudulent foreclosure practices, prior to a settlement that absolves them of liability for their actions. Currently, the federal government and the 50 state attorney generals are undertaking settlement negotiations with the nation’s biggest banks over alleged foreclosure abuses.

In a letter sent to U.S. Attorney General Eric Holder, Cantwell wrote that homeowners in Washington state, and across the nation, deserve a better settlement on illegal foreclosures. The potential settlement reportedly releases banks from criminal and civil penalties and is worth around $20 billion.

AG Martha Coakley Announces Law Suit Against Big Banks & MERS

Massachusetts Attorney General Martha Coakley today sued five major US banks for allegedly illegally seizing properties, filing fraudulent foreclosure documents and failing to help struggling borrowers who could have stayed in their homes if they had been allowed to make lower mortgage payments.

The lawsuit, filed in Suffolk Superior Court, targets Bank of America Corp., Wells Fargo & Co., JP Morgan Chase & Co, Citigroup Inc., and GMAC, a subsidiary of Ally Financial Inc. It also names the private mortgage recording company known as Mortgage Electronic Registration System or MERS, Inc. and its parent company MERS Corp. as defendants.

“Our suit alleges that the banks have charted a destructive path by cutting corners and rushing to foreclose on homeowners without following the rule of law,’’ Coakley said. “Our action today seeks real accountability for the banks’ illegal behavior and real relief for homeowners.”

MERS Lawsuit Fouls Up Nearly 500 Ingham County Foreclosures

COMPLAINT | Register of Deeds CURTIS HERTEL, of INGHAM COUNTY; and NANCY HUTCHINS, of BRANCH COUNTY vs MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., et al

There is no doubt foreclosures in Ingham County may have just gotten a lot more complicated. Last month the Michigan Court of Appeals ruled that Mortgage Electronic Registration Systems (MERS), a private company, did not have the right to use the state’s “Foreclosure by Advertisement” law to initiate foreclosures. This is sure heating up with MERS being ruled against, it is clear there is a big problem brewing.

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Delaware AG Sues MERS for Deceptive Practices

Delaware Attorney General Beau Biden has sued the Mortgage Electronic Registration system (MERS) the controversial entity that has been at the heart of the robo-signing flap and perhaps the center of the housing crisis.  The suit, filed yesterday in the Delaware Chancery Court, charges that the parent corporation MERSCORP and MERS have repeatedly violated the state’s Deceptive Trade Practices Act.

MERS was established by Fannie Mae, Freddie Mac and several large mortgage lenders such as Wells Fargo and Bank of America in 1995 with the goal of reducing recording costs and the  inefficiencies of transferring ownership of residential mortgages among mortgage brokers, lenders, Fannie Mae and Freddie Mac, the secondary market system and investors.  The concept was to record the initial loan documents in the name of MERS and retain that record even as paper documents were passed along from originator to subsequent holders of the debt.

Over the years there was an increasing tendency for loan documents to become separated from the loans themselves and as more banks consolidated, big mortgage companies began to fail, and foreclosures ramped up, more and more loan transfers were not properly recorded on the MERS system and documents were actually lost.  This has led, not only to improper foreclosure procedures but even instances where properties were foreclosed where there was no outstanding mortgage.  MERS is currently the repository for about 65 million mortgages.

California breaks from 50-state probe into mortgage lenders

Kamala Harris
California Atty. Gen. Kamala Harris will no longer take part in a national foreclosure probe of some of the nation’s biggest banks, which are accused of pervasive misconduct in dealing with troubled homeowners.

Harris removed herself from talks by a coalition of state attorneys general and federal agencies investigating abusive foreclosure practices because the nation’s five largest mortgage servicers were not offering California homeowners relief commensurate to what people in the state had suffered, Harris told The Times on Friday.

The big banks were also demanding to be granted overly broad immunity from legal claims that could potentially derail further investigations into Wall Street’s role in the mortgage meltdown, Harris said.

“It has been  a process of negotiating and sitting at a table in good faith, but ultimately I have decided that we have to go our own course and take an independent path. And that decision is because we need to bring relief to Californians that is equal to the pain California experienced, and what is being negotiated now is insufficient,” Harris told The Times in an interview.

FHFA Sues 17 Banks Over Massive Mortgage Losses At Fannie and Freddie

 

The ripple effects of the financial crisis continue to take their toll on banks, as reckless lending during the bonanza years catches up to them.

Friday after the closing bell, and ahead of a Labor Day weekend, the Federal Housing Finance Agency confirmed it was suing 17 different financial institutions for misrepresenting the quality of mortgage backed securities sold to Fannie Mae and Freddie Mac.

Affecting major banks like Bank of America, JP Morgan Chase, Goldman Sachs and Citigroup, the suit alleges negligent misrepresentation, securities laws violations, and common fraud as they issued, bundled, and sold MBS to government sponsored enterprises. (See list of institutions, amounts, and the suit against BofA below).

The FHFA is not looking for repurchases, but rather is looking to retrieve losses on Fannie and Freddie’s loan portfolios.  JPMorgan is being sued over $33 billion in securities, while Bank of America-Merrill Lynch is on the hook for almost $25 billion, and the Vampire Squid, Goldman Sachs, is in for $11.1 billion.

According to the suit, “defendants falsely represented that the underlying mortgage loans complied with certain underwriting guidelines and standards, including representations that significantly overstated the ability of the borrowers to repay their mortgage loans.”

New York Attorney General Kicked Off Government Group Leading Foreclosure Probe

New York Attorney General Eric Schneiderman

The Huffington Post: 8/24/11

WASHINGTON — New York Attorney General Eric Schneiderman on Tuesday was kicked off the committee leading the 50-state task force charged with probing foreclosure abuses and negotiating a possible settlement agreement with the nation’s five largest mortgage firms, according to an email reviewed by The Huffington Post.

Schneiderman was one of roughly a dozen state attorneys general leading the talks with the five companies, alongside representatives of the U.S. Department of Justice, the Department of Housing and Urban Development and other federal agencies. The government launched the negotiations in the spring after widespread reports of foreclosure irregularities, such as so-called “robo-signing” and illegal home seizures, emerged.