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Banks Near Foreclosure Settlement

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Banks are hashing out a $10 billion settlement with federal regulators to halt a lengthy process of reviewing thousands of foreclosure cases for errors, after both sides concluded it was too expensive and not delivering enough assistance, the Wall Street Journal reported today. The potential agreement, which has yet to be completed, came after large banks voiced concerns with a process set up by the Office of the Comptroller of the Currency and the Federal Reserve over foreclosure-related abuses that surfaced more than two years ago. The banks were required by regulators in April 2011 to conduct an exhaustive review of foreclosures and to compensate consumers in cases where consumers could demonstrate an error. Banks had already spent around $1.3 billion on consultants hired to manage this process, with another $2 billion to $3 billion in spending expected.

Senate Confirms FHA Commissioner

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Senators voted yesterday to confirm the leader of the Federal Housing Administration, an agency that may need an infusion of taxpayer money next year for the first time in its history, the Wall Street Journal reported yesterday. Carol Galante, the FHA's acting commissioner since mid-2011, was approved by the Senate on a 69-24 vote. Galante, as FHA commissioner, faces the daunting task of stabilizing the agency's finances after an independent annual audit released last month found the agency's reserves would be insufficient to cover projected losses in coming years, resulting in a $16.3 billion deficit. The agency is part of the Department of Housing and Urban Development.

BofA Settlement Hits Snags

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A year after the Justice Department reached a $335 million deal with Bank of America Corp. to compensate minority borrowers for alleged discrimination, much remains to be done, according to a Wall Street Journal reported today. The department's settlement administrator just began notifying affected borrowers in November, about five months later than originally planned. Then, weeks after letters went out to more than 233,000 presumed victims, about 10 percent of those letters have been returned as undeliverable, according to Justice Department officials. U.S. officials had warned that it might take two years for eligible borrowers to receive money from the settlement, but they also expressed hope that checks could be mailed out sooner.

Settlement Expected on Past Abuses in Home Loans

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Banking regulators are close to a $10 billion settlement with 14 banks that would end the government’s efforts to hold lenders responsible for foreclosure abuses like faulty paperwork and excessive fees that may have led to evictions, the New York Times reported today. Under the settlement, a significant amount of the money, $3.75 billion, would go to people who have already lost their homes, making it potentially more generous to former homeowners than a broad-reaching pact in February between state attorneys general and five large banks. That set aside $1.5 billion in cash relief for Americans. Most of the relief in both agreements is meant for people who are struggling to stay in their homes and need the banks to reduce their payments or lower the amount of principal they owe. The $10 billion pact would be the latest in a series of settlements that regulators and law enforcement officials have reached with banks to hold them accountable for their role in the 2008 financial crisis that sent the housing market into the deepest slump since the Great Depression. As of early 2012, four million Americans had been foreclosed upon since the beginning of 2007.

Deutsche Bank Sued over 173 Million in Mortgage Bonds

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Deutsche Bank AG was sued in New York by Landesbank Baden-Wuerttemberg (LBBW), which accuses the German bank of fraud in the sale of $173 million in mortgage-backed securities in 2007, Bloomberg News reported yesterday. Deutsche Bank engaged in "egregious fraud," selling securities that were riskier than promised and leading to losses, LBBW said in a complaint filed yesterday in New York State Supreme Court. LBBW, Germany’s biggest state-owned lender, said Deutsche Bank's misconduct resulted in "astounding" rates of default on loans underlying the securities.

Struggling Homeowners May Lose Critical Tax Break in Fiscal Cliff Talks

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Among the tax breaks at risk in the negotiations between the White House and Congress to avert the “fiscal cliff” is a measure aimed at helping struggling homeowners, the Washington Post reported on Friday. Since 2008, more than 800,000 homeowners have been allowed to sell their homes for less than they were worth, known as a short sale, through a government program. In other cases, banks have lowered the balance owed on mortgages to make the payments more affordable and to encourage homeowners not to walk away. Both types of mortgage relief were key to a $25 billion mortgage settlement between the government and big banks this year. In a short sale, the difference between what is owed on a mortgage and the price at which a homeowner is allowed to sell his or her home could be considered taxable income. The same is true when the principal balance of a mortgage is reduced. That tax liability was waived under the Mortgage Forgiveness Debt Relief Act of 2007, which expires at the end of this month.

Mortgage Refinance Program Expansion Eyed by Obama Administration

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The Obama administration is considering expanding its mortgage-refinancing programs to include borrowers whose mortgages are not backed by the government and who owe more than their homes are worth, the Wall Street Journal reported today. About 22 percent of all homes with a mortgage, or around 10.8 million homes, were worth less than the outstanding balance at the end of June, according to CoreLogic. That number has fallen from 12.1 million at the end of last year as home prices have picked up, but around 10 percent of all homeowners with a mortgage are still deeply underwater. Fannie and Freddie own or insure about half of all home loans, and most underwater borrowers with their backing can refinance to get a lower mortgage rate as long as they are current on their loans. That initiative has benefited holders of more than 330,000 underwater mortgages through October this year, up from around 60,000 in all of 2011. Officials at the Treasury Department and the White House now would like to include borrowers who have been locked out because their loans are not backed by the firms. Those loans are held by private lenders or investors, and some of them were issued by subprime lenders and bundled into securities by Wall Street firms.

ResCap Judge Approves Mediator for Ally Settlement Talks

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Residential Capital LLC won court approval of a mediator for talks with creditors opposing the bankrupt mortgage company's $750 million settlement with parent Ally Financial Inc., Bloomberg News reported yesterday. Bankruptcy Judge Martin Glenn agreed to appoint fellow judge James Peck to try to resolve a fight over how much Ally should be forced to pay to avoid a lawsuit over what the company did before it put ResCap into bankruptcy and other issues. Unsecured noteholders represented by Wilmington Trust NA say that Ally is offering too little to resolve claims that it stripped ResCap of valuable assets. A bankruptcy examiner is investigating the settlement offer and plans to deliver a report in April.

Libor Banking Scandal May Have Cost U.S. Mortgage Agencies 3 Billion

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Mortgage finance giants Fannie Mae and Freddie Mac may have lost up to $3 billion from the ma­nipu­la­tion by several big banks of the global interest rate known as Libor, the Washington Post reported today. The ma­nipu­la­tion likely caused Fannie and Freddie to lose billions of dollars on their holdings of more than $1 trillion in interest-rate swaps, floating-rate bonds, mortgage-backed securities and other assets linked to Libor from September 2008 to 2010, according to a memo from the inspector general for the Federal Housing Finance Agency, the regulator that oversees Fannie and Freddie. The inspector general recommended that FHFA conduct a thorough review and consider suing the banks involved in the scheme.

Merrill Lynch Sued by Trusts over 1 Billion in Mortgages

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Bank of America Corp.'s Merrill Lynch unit was sued by two trusts that hold and administer mortgages on behalf of investors who own more than $1 billion of securities collateralized by the loans, Bloomberg News reported yesterday. Merrill bought more than 6,000 mortgages with an original principal balance of more than $1.1 billion from a third-party loan originator, ResMAE Mortgage Corp., in 2006 and turned them into tradeable securities that were sold to investors, according to the complaint filed yesterday in New York State Supreme Court. ResMAE filed for bankruptcy in February 2007 and the trusts pursued claims against ResMAE in bankruptcy through LaSalle Bank, demanding that it buy back loans where borrowers had missed their first or second payments or provide other compensation, according to the complaint. LaSalle in July 2008 settled those claims on behalf of five Merrill-sponsored trusts, including the two plaintiffs in yesterday's suit.