Banks Violate National Mortgage Settlement and CA Homeowners Bill of Rights Protections, New Survey of Housing Counselors Reveals


Banks Violate National Mortgage Settlement and CA Homeowners Bill of Rights Protections, New Survey of Housing Counselors Reveals

April 3, 2013— A new survey of housing counselors in California reveals that banks are violating several consumer protections that were mandated by the $26 billion National Mortgage Settlement (NMS) and the California Homeowners Bill of Rights. In addition, the survey reveals that bank practices continue to disproportionately affect disadvantaged and hard-hit communities including limited English proficient (LEP) borrowers, widows, and people with disabilities. The results of the survey were released today in a report, “Chasm Between Words and Deeds IX: Bank Violations Hurt Hardest Hit Communities” (pdf).

1. Single Points of Contact – a primary regulatory and industry response to the paper shuffle that complicated loan modification requests- are not accessible, consistent, and knowledgeable. Over 70% of responding counselors reported that SPOC’s were “never,” “rarely,” or only “sometimes,” accessible, consistent or knowledgeable.

“When my clients call their servicer, they are automatically transferred to their assigned SPOC who does not pick up the phone and never returns phone calls. Because the clients are auto transferred, they cannot speak to anyone else at the banks. Client’s requests are denied for missing documentation that has already been provided, and sometimes referred back to foreclosure without ever getting a return call from their SPOC,” said Cheyenne Martinez- Boyette of MEDA in San Francisco. “The SPOC has been completely ineffective in creating a basic and fundamental avenue of communication between the servicer and their customer.”

2. Dual track problems persist. Over 60% of counselors reported that Bank of America, Citibank, JPMorgan Chase and Wells Fargo still dual track “sometimes,” “often,” or “always,” even though this practice should have ended months ago under the NMS.

3. Timelines outlined in the NMS for responding to, and deciding upon, borrower applications for loan modifications are rarely honored. Sixty percent or more of counselors said each of the Big 5 Banks “rarely” or “never” made loan modification decisions within 30 days of a complete loan modification application having been submitted.

4. Banks continue to lose documents and improperly deny borrowers the assistance they seek to stay in their homes. Over 60% of responding counselors felt that each of the Big 5 servicers denied loan modifications to seemingly qualified homeowners, “sometimes,” “often,” or “always.”

5. Borrowers of color, Limited English Proficient (LEP) homeowners, widows, and disabled borrowers may face additional challenges to accessing relief. Over 60% of counselors said their LEP clients were “never” or only “sometimes” able to speak to their servicer in their native language, or through a translator provided by the servicer. 44% of counselors noted servicers “always” or “almost always” refuse to discuss loan modifications with widowed clients who are not on the original loan. Finally, over 25% of responding counselors noted clients with disabilities “always” or “almost always” report difficulties receiving reasonable accommodations.

“One of our main challenges is that our LEP clients have a difficult time understanding and communicating with their servicers,” said Bo Sivanunsakul of Thai CDC in Los Angeles. “Our foreclosure prevention counselors have to translate all letters and call their servicers to follow up on their phone conversations with our clients because our clients are not able to read their letters and fully understand their servicers.”

“These servicer violations are unacceptable. Despite new laws and settlement agreements that clarify servicing procedures, servicers continue to harm California families and neighborhoods, and aggravate the state’s economic recovery,” said Kevin Stein of the California Reinvestment Coalition. “Regulators need to hold servicers accountable for these violations, strengthen rules to protect disadvantaged communities, and require banks to be transparent about which borrowers and neighborhoods are receiving foreclosure prevention assistance.”

This is the ninth survey of nonprofit housing counselors and legal service providers conducted by the California Reinvestment Coalition. Eighty-four counselors and lawyers who represent hundreds of thousands of homeowners responded to this survey in February and March 2013. The California Homeowners Bill of Rights went into effect on January 1, 2013, and all NMS servicing guidelines were effective on October 1, 2012.




Chasm Between Words and Deeds IX: Bank Violations Hurt Hardest Hit Communities

6 Responses to “Banks Violate National Mortgage Settlement and CA Homeowners Bill of Rights Protections, New Survey of Housing Counselors Reveals”
  1. charley rice says:

    THIS IS THE REAL HEART OF THE MATTER, Everyone must wake up and understand that UCC Law IT ALL DEAL with CONTRACTS… “A lawful Valid Contract involves BOTH Signatures”

    GO BACK TO YOUR Your Deed of Trust is a CONTRACT, and it suppose to be a binding contract with two (2) signatures and dates of yours and the CEO of the bank.

    You only may have a notary signature on your Deed of Trust and yours, but where is the CEO of the bank?

    If there is NOT a signature of yours and the CEO of that lender then its NOT a VALID CONTRACT.

    It has to be a MUTUAL AGREEMENT WITH THE PARTIES Article 2 of the Uniform Commercial Code f NOT,

    Then this is a Mistake of Fact and Mistake of Law which violates Cal Civil Code 1688-1689

    If the mutual mistake significantly changed the subject matter of the contract, a court will refuse to enforce the contract.


    NOT EVEN A SERVICER can’t ENFORCE it , but they’re breaking the LAWS and Consent Judgment Orders and they should ALL be already SANCTIONED and their lawyers should be DISBARED for using the Doctrine of Unclean hands in the courts.

    Why are they STILL IN THE COURTS? Protest PEOPLE!!!!

    Remember on December 23, 2010 these banks were found GUILTY OF FORECLOSURE FRAUD BANK OF AMERICA, AND WELLS FARGO BANK have confessed to robo-signing over 50,000 documents, and the other GMAC, JP MORGAN CHASE, & CITI BANK

    In 2008 since your lender has ALREADY went out of business, and the 2008 TARP have bailed out the Five Banks convicted banks as mentioned below.

    Your so called Subprime lender have ALREADY Cancelled your Deed Of Trust Instrument FOREVER, and now you have a CANCELLED DEFECTIVE INSTRUMENT that NO one can’t enforce.

    Because NONE, I repeat NONE of the five banks below NEVER did get a VALID CHAIN OF ASSIGNMENT because your Lender was gone GONE. Now the banks are Double Dipping on your Secure Defective Asset.

    Your Original Deed of Trust is GONE, destroyed and Copies, duplicates ARE not accepted in court. Robo-signing is out of control.

    IT’S FRAUD, and Fraud cannot be the basis of clear title, trustee deeds following Robo-signed sale are void as a matter of law, but these third party banks, Wells Fargo Bank, Bank of America, JP Morgan, Citi Bank GMAC Bank are claiming that they are your servicers, trustee, Lenders.

    Is also another Mistake of Fact and Mistake of Law which violates Cal Civil Code 1688-1689

    In 2008 the Tarp Bailout Prime Bank Of America CEO Brian Moynihan has received $45 Billion and Wells Fargo Bank CEO John Stumpf has received $25 Billion.

    These banks are trying to resurrect your dead subprime bank that NO LONGER EXIST and they can’t verify this debt under the FDCPA send them a letter and watch what happens.

    The COURTS made Serious ERRORS….

    The PEOPLE should march back to reclaim their homes because those prime banks ARE NOT THE REAL PARTIES in INTEREST because they were already paid and they don’t have a Vaild Chain Of Assignment are (2) to (3) years too LATE did commit grand theft for unjust enrichment on the homeowners properties.

    Rescind, Restitution and Relief…

  2. pam28971 says:

    A big Amen to that Ms.Swann.

  3. BOBBI SWANN says:

    Another survey???? They can do all the surveys they want. It goes nowhere and nothing changes. There is no monitoring of the “great settlement”. Those AG’s were just dying to get hold of those funds…and did they go to those that were harmed? Hell No! Our money here in the State of Florida is being dipped into to pay for the teacher’s hike in pay after our illustrious Govenor Scott promised them each a $2500 yrly raise. He had no idea of where that money was going to come from and then…low and behold…the state has a coffer of monies just lying around. Where did that come from???? Bondi is a bulls___er and smiles while she lies. She’s good for posing for pictures and that’s just about all the talent she has. The people all around the country are left out in the cold and holding the bag. And the banks complying with the agreement…? Yeah, well, they do as they darn well please now that they have the President, Court, Police and all other politicians in their back pocket. No amound of words on paper is going to change them. Think back into history and you will decide what techniques brought change. Can I get an AMEN?

  4. dc says:

    Good God its about time that the sun shine brightest on JOHN STUMPF and the complete pile of sh.t WELLS FARGO is and stop them from thinking that they are all stealth and low key because by leaps and bounds WELLS FARGO IS THE WORST OF EM.Far more criminal than all and Imho the 2nd place must go to self proclaimed TRUSTEE OF ALL mother f…ing DEEDS=====US BANK.Scumbags str8 up and dont get me wrong this is not about the nice folks and young adults working the floor in your local branch because there pretty much oblivious to all, its the ones say like BRENDA in the OFFICE OF THE PRESIDENT now she is grand.Brenda’s favorite past time is bull…ting a response to the OCC or fabricating lies to theCFPB and they then pretty much close the file,Oh you couldnt reach that homeowner at the # hes had for 30 years and works from home ok sure like there going to avoid a call from WELLS FARGO who yes you just sent your 80th mod package to.Bunch of lames,and criminals the whole lot.But as my friend tony would say==EVERY DOG HAS ITS DAY BRENDA so start a barking

  5. talktotennessee says:

    In a non-judicial state foreclosures are a matter of the Trustee or substitute trustee implementing foreclosure procedure after default, acceleration of the loan, advertising the houe for sale twice and auctions on the courthouse steps. What does the servicer or lender do IF they have no recorded Deed of Trust, no trustee, no original note or mortgage? What is the lender’s potential course of action? ANYONE have ideas, experience or suggestions what the homeowner can do to prevent foreclosure?

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  1. […] It was business as usual set out to steal even more properties the exact same way and adding millions more homeowners to their fraudclosure list – yes, after the settlement the same old piracy tactics continued! […]

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