Deadline to Request Review Under the Independent Foreclosure Review Extended to July 31
WASHINGTON–People seeking a review of their mortgage foreclosures under the Federal banking agencies’ Independent Foreclosure Review now have until July 31, 2012, to submit their requests.
The Office of the Comptroller of the Currency (OCC) and the Board of Governors of the Federal Reserve System (Federal Reserve) today announced that the deadline for submitting requests for review under the Independent Foreclosure Review has been extended. The new deadline, July 31, 2012, provides an additional three months for borrowers to request a review if they believe they suffered financial injury as a result of errors in foreclosure actions on their homes in 2009 or 2010 by one of the servicers covered by enforcement actions issued in April 2011.
The deadline extension provides more time to increase awareness of how eligible people may request a review through the Independent Foreclosure Review process and to encourage the broadest participation possible.
As part of enforcement actions issued in April 2011, the OCC, Federal Reserve, and the Office of Thrift Supervision required 14 large mortgage servicers to retain independent consultants to conduct a comprehensive review of foreclosure activity in 2009 and 2010 to identify borrowers who may have been financially injured due to errors, misrepresentations, or other deficiencies in the foreclosure process. If the review finds that financial injury occurred, the borrower may receive compensation or other remedy.
Borrowers are eligible for an Independent Foreclosure Review if they meet the following basic criteria:
- The mortgage loan was serviced by one of the participating mortgage servicers.
- The mortgage loan was active in the foreclosure process between January 1, 2009 and December 31, 2010.
- The property securing the mortgage loan was the borrower’s primary residence.
4F here… Funny how they only list 3 in the press release. Here is all of the eligibility criteria…
Itemized list from testimony
- The borrower was not in default pursuant to the terms of the note and mortgage at the time the servicer initiated the foreclosure action.
- The servicer initiated foreclosure or conducted a foreclosure sale in advance of the time allowed for foreclosure under the terms of the note and mortgage or applicable state law.
- The borrower submitted payment to the servicer sufficient to cure the default pursuant to the terms of the note and mortgage, but the servicer returned the payment incontravention of the terms of the note or mortgage, state or federal law, or the servicer’s stated policy covering payments when in default.
- The servicer misapplied borrower payments, did not timely credit borrower payments(including failure to properly account for funds in suspense), or did not correctly calculate the amount actually due from the borrower, in contravention of the terms of the note and mortgage, state or federal law, investor requirements, or the servicer’s stated policy covering application of payments.
- The borrower paid a fee or penalty that was impermissible.
- A deficiency judgment was obtained against the borrower that included the assessment of a fee or penalty that was impermissible.
- The servicer placed an escrow account on the mortgage and the placement resulted in monies paid by the borrower into escrow in contravention of the terms of the note or mortgage, state or federal law, or the servicer’s stated policy covering escrow accounts.
- The servicer placed insurance on the mortgage and the placement resulted in monies paid by the borrower towards insurance in contravention of the terms of the note or mortgage,state or federal law, or the servicer’s stated policy covering placed insurance.9.
- The servicer miscalculated the amount due on the mortgage and secured a judgment against the borrower for an amount greater than the borrower owed.
- A borrower’s remittance of funds to a third party acting on behalf of the servicer was no tcredited to the borrower’s account.
- The borrower was performing under the terms of an approved trial loan modification oran approved permanent loan modification, but the servicer proceeded to foreclosure incontravention of the terms of the modification offered by the servicer to the borrower.
- A borrower was denied a modification in contravention of the terms of the governing modification program or the servicer’s stated policy covering modifications.
- There is evidence that the borrower provided or made efforts to provide completed documentation necessary to qualify for a modification within the period such documentation was required to be provided by the governing modification program and the servicer denied the loan modification in contravention of the terms of the governing modification program or the servicer’s stated policy covering modifications
- The servicer initiated foreclosure or completed a foreclosure sale without providingadequate notice as required under applicable state law
- The servicer foreclosed on or sold real property owned by an active military servicemember in violation of SCRA.
- The servicer did not lower the interest rate on a mortgage loan entered into by a military servicemember, or by the service member and his or her spouse jointly, in accordance with the requirements of SCRA.
- The servicer failed to honor a borrower’s bona fide efforts to redeem a sale under applicable state law during the redemption period.
- The borrower was protected by the automatic stay under the bankruptcy code and a courthad not granted a request for relief from the automatic stay or other appropriate exceptionunder the bankruptcy code.
- The borrower was making timely pre-petition arrearage payments required under an approved bankruptcy plan and was current with their post-petition payments.
- The borrower purchased a payment protection plan; was or should have been receiving benefits under the plan; and those benefits were not applied pursuant to the contract.14
- The servicer was not the proper party, or authorized to act on behalf of the proper party,under the applicable state law to foreclose on the borrower’s home, and this resulted in or may result in multiple foreclosure actions or proceedings.22. The servicer failed to comply with applicable legal requirements, including those governing the form and content of affidavits, pleadings, or other foreclosure-related documents, where such failure directly contributed to: (a) the borrower paying fees,charges, or costs, or making other expenditures that otherwise would not have been paid or made; or (b) the initiation of a foreclosure action or proceeding against a borrower who otherwise would not have met the requirements for initiating such an action
- The servicer failed to comply with applicable legal requirements, including thosegoverning the form and content of affidavits, pleadings, or other foreclosure-relateddocuments, where such failure directly contributed to: (a) the borrower paying fees,charges, or costs, or making other expenditures that otherwise would not have been paidor made; or (b) the initiation of a foreclosure action or proceeding against a borrowerwho otherwise would not have met the requirements for initiating such an action.
Participating mortgage servicers include: America’s Servicing Company, Aurora Loan Services, BAC Home Loans Servicing, Bank of America, Beneficial, Chase, Citibank, CitiFinancial, CitiMortgage, Countrywide, EMC, Everbank/Everhome Mortgage Company, Financial Freedom, GMAC Mortgage, HFC, HSBC, IndyMac Mortgage Services, MetLife Bank, National City Mortgage, PNC Mortgage, Sovereign Bank, U.S. Bank, Wachovia Mortgage; Washington Mutual, Wells Fargo; and Wilshire Credit Corporation.
There are no costs associated with being included in the review. For more information, borrowers can call 888-952-9105, Monday through Friday, 8 a.m.-10 p.m. ET or Saturday, 8 a.m.-5 p.m. ET or visit www.federalreserve.gov/consumerinfo/independent-foreclosure-review.htm or www.occ.gov/independentforeclosurereview.
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OCC Foreclosure Fraud Review Tips from 4closureFraud.org
Add details and documents that are specific to your case.
Don’t neglect other issues; escrow manipulation, misapplication of payments, and the recording/use of false/fraudulent/questionable/fabricated documents for the purpose of foreclosing.
Quote any applicable state statutes (ie: notarization procedures, felony recording false property records) that apply.
The OCC Press Release from Nov 2011 on the Independent Review process with links & phone numbers is here.
Dec 15, 2011 National Consumer Law Center press release demanding the reviews be removed from the OCC and taken over by the Consumer Financial Protection Bureau here.
Julie Williams, First Senior Deputy Comptroller and Chief Counsel Office of the Comptroller of the Currency provided written and verbal testimony to Congress on December 13, 2011. She enumerated the faulty OCC Interdependent Foreclosure Fraud Review Process. Please read her testimony here.
Good luck…
~
4closureFraud.org
IT S ALL S-H-I-T & THEY’RE ALL GETTING AWAY W/ IT,
LET’ US DO WHAT THEY DID WE GET THE ELECTRIC CHAIR..
THE “DIRTY” JUDGE’S NEED “J-A-I-L” THEY ARE THE “PROBLEM”
GO INTO WALMART & BUY SOMETHING & THEN TRY TO GET YOUR MONEY BACK W/OUT THE RECEIPT
“NO” TICKY “NO” SHIRT ….
“NO’ PRODUCTION OF DOCUMENTS “NO” HOMES….
Servicer. Servicer. Servicer. Servicer. Servicer. Servicer. Servicer. Servicer. Servicer.
WHERE in ANY mortgage (or note?) does it allow for a “SERVICER” to foreclose??????
NEVER seen it.
FUCKING TRAITOR CROOKS ON BLOOMBERGS MATT MILLER REWIND ARE CALLING TO CLEAR THE MARKET OF ALL DEADBEATS WHO DONT DESERVE TO OWN ANYTHING AND CREATE A COMPLETE NATION OF RENTERS OF EVERYTHING IN AMERICA IN THE NEXT 4 YEARS…DIRTY OLD PEDOPHILE SATANIST LYING BASTARD NAZI SPAWNS OF SATAN ARE SAYING THA IT WILL ONLY TAKE HUNDREDS OF BILLIONS MORE OF BANKSTER SHECKLES….LIES, POLITICAL TREASON, DECEIT AND FRAUD TO STEAL AMERICA…!!……OFF WITH THEIR HEADS……!!!…….SHOW US THE RECEIPTS. THAT SAY YOU LENT THE PEOPLE ANY OF YOUR OWN MONEY YOU FUCKING CROOKS CANT…..BECA– USE YOUR A CABAL OF LYING CROOKS…..!!! FIRE UP THE FIRE PIT AMERICA…….ITS BBQ TIME….!!!!
TIME TO PUT DOWN THE DOUGHNUTS ….YOU KNOW WHO ARE ….YOU LOUSY LYING DIRTY CRIMINAL, OLD NAZI COMMIE DOUCHEBAGS….!!! NOBODY BELIEVES YOUR LIES ANYMORE…..THE PEOPLE ARE ALL CRAZY FROM FINDING OUT THE TRUTH ABOUT ALL OF YOUR MANIACAL, DIABOLICAL EVIL PLANS FOR MANKIND..WITH YOUR 666 MARK OF THE BEAST MONETARY SYSTEM…..AND YOU DONT LEND ANYBODY ANY OF YOUR OWN $$$$$$…!!! MWAHAHA…..!!! THE PEOPLE KNOW WHO YOU ALL ARE……!!! THE JIG IS UP…!! OFF WITH YOUR HEADS…..!!!! ….GUTS….GUNS….GOD……!! OCCUPY…..!!!!
With so much breaking news today like my local media, WGN NEWS reporting the TRUTH…THAT CHICAGO AND COOK COUNTY ILLINOIS IS THE MOST CORRUPT COUNTY IN THE COUNTRY AND ILLINOIS IS THE THIRD MOST CORRUPT STATE IN THE COUNTRY…AND THE FED AND THE OCC MADE THIS DECLARATION TO THE WHOLE COUNTRY THAT THEY ARE INDEED DOUCHEBAGS…I WOULD LIKE TO TAKE THIS OPPORTUNITY TO TRY AND POST DENIS LEARYS MUSIC VIDEO ENTITLED DOUCHE BAGS AND DONUTS…TIME FOR SOME HUMOR SINCE THE WHOLE COUNTRY HAS BEEN HIJACKED BY A CABAL OF POLITICAL TRAITORS WHO ARE REALLY JUST A BUNCH OF DONUT EATING DOUCHEBAGS WHO WORK FOR THE CRIMINAL ELITE… …ENJOY!!!
Someone blocked the video…DAMNED NAZIS!! FOR A GOOD LAUGH…. YOU TUBE SEARCH THE TITLE…DENIS LEARY: THE DOUCHEBAG SONG…AND CHECK OUT ALL OF DENIS LEARYS YOU TUBE VIDEOS INCLUDING THE VIDEO ENTITLED: DOUCHEBAGS AND DONUTS….. IF YOU ARE IN THE MOOD FOR SOME GOOD LAUGHS BY NOW…!
BTW..JUST WANTED TO ADD…MY LOCAL MEDIA REPORTING THE CORPSES ARE STILL ROTTING AT THE COOK COUNTY MORGUE…THE STENCH CAN BE SMELLED THROUGHOUT THE ENTIRE CORRUPT CITY OF CHICAGO….! ALL CITIZENS ARE BEING WARNED …IF YOU GO OUTSIDE…COVER YOUR NOSES…!!!!
FORECLOSURE REVIEW ? NO WAY and I Dont need a deadline extension.
thanks for another attempt to trick homeowners, those that Qualify (which means 90% don’t)
with so called help or assistance.
Any agreement you sign or information you provide will give them a chance to correct their so callled “mistakes, errors” and cover up your CLOUDY TITLE.
Why just for “Harmed Homeowners” during 2009-2010 ?
More waste of Govt. resources & our hope, faith and time.
LETS ALL SUE ALL OF THE DIRTY, GREEDY, CRIMINAL BASTARDS AMERICA….!!!!!.WELL START AT THE UN FEDERAL RESERVE BANKSTERS OF AMERICA…..!!! NEXT WELL SUE THE WORLD BANKSTERS……..!!! OFF WITH THEIR HEADS……!!!!
LETS SLAUGHTER THE HOGS AMERICA ……!!! ….WITH THE RULE OF LAW…..FEDERAL LAW….THE RICO ACT…AND MORE….!!! AKA ROMAN LAW…….MWAHAHA…..!!
LETS GO GET THE REAL LIFE SOPRANOS….!!
WHERES. IMPOSTER TONY….?? THE HEAD OF THE FAMILY….!!
Will the real Tony Soprano PLEASE STAND UP….??? AKA SLIM SHADY….AKA…..THE DON…!
I MEANT TO SAY ..THE REAL TONY SOPRANO…NOT THE IMPOSTER TONY….!!! WARNING……!!! DO READ THE DISCLAIMER AT THE RIGHT OF THE PAGE…..IT IS TRUE AND ACCURATE……!!!! GETTING TO THE TRUTH WILL GIVE YOU VERTIGO…..!!
CLTV REPORTING MAYOR OF THE CITY OF CHICAGO SUPPORTS GAY MARRIAGE….ALONG WITH COMMIE, NAZI FASCISM, OPPRESSION AND TYRANNY…..!!!!!!
Time for all of the Nazis to put down the sauerkraut…they all reek of it….!! The American people have had enough of their putrid stench….!
Remember, everybody, you can’t modify a loan with an entity that has no standing–they do not own the loan. You can’t modify a loan with an entity that does not own the loan because the documents do not accurately reflect each transfer of the property. MERS cannot show the transfers that were supposed to be recorded at the county level for EACH TRANSACTION including the transfers to trusts and inside trusts.
Right Louise..! The LEGAL ASSIGNMENT…..AKA ….THE TRUST AGREEMENT….THE LEGAL RECONVEYANCE….THAT CREATES THE….MORTGAGE BACKED SECURITY…! WITHOUT THAT ….THE MORTGAGE AND THE NOTE ARE THEREFORE A NULLITY!!!! (COLLINS-V-OGDEN, 154 NE 701-704-05 ILL 1926), (BAYVIEW -V-NELSON 382 ILL APP 1184, 2008).
that was not a duplicate comment and I am through wasting my time comunication anything to you
You tell em ruth! They are all just goddamn evil, lying excuse making trying to cover up for their massive crimes……..criminals! BUT THEY CANT BECA– USE THE CRIMINAL ELITE AND ALL OF THEIR GODDAMNED EVIL MINIONS AND COHORTS GOT CAUGHT RED HANDED TRYING TO WALK AWAY WITH OUR COUNTRY!!!!! Off with their heads!!!
SUE THE FEDERAL RESERVE BANK AMERICA!!! THE OWNERS OF THE BIGGEST PONZI SCHEME SWINDLE AND HEIST OF THE PEOPLES WEALTH IN HISTORY!! THROW ALL OF THE POLITICAL TRAITORS IN CONGRESS AND THE SENATE..ALL OF THEIR MINIONS AND COHORTS IN GITMO!!! LET WE THE PEOPLE WATERBOARD THE TRUTH OUT OF THEM….THEY ARE THE REAL CRIMINALS!!!
SCREW ALL OF THESE FILTHY, LYING NAZI FASCIST CRIMINAL BASTARDS! OFF WITH THEIR HEADS!! OCCUPY……..!!!…GUTS…..GUNS …..GOD…….!!!!
I may be wrong but I am unaware of any relief that may be available to the Homeowners that would be otehrwise cut off by failing to avail themselves of this administrative process. Accordingly, I would imagine that the entire process is simply another opportunity to convince the Homeowner that they were “irresponsible”. If you miss the deadline for requesting the OCC review, I suggest that the same relief could be obtained by contacting any Loan Servicing Company and let one of the helpful represenatatives tell you that there is no sale date yet, but you must act quickly before you lose your home as a result of your own irresponsible behavior and failure to return the requested documents on time.
How would this so-called “independent” review be any more helpful – or hopeful – than filing a complaint directly with the OCC? I would argue that it is not only no better but worse. The banks got to hand-pick who performs the “independent” review (?). Are you kidding me? I wonder if the IRS will allow me to select my own auditor if they think there is a problem with my tax return?
I filed a complaint with the OCC and it was nothing but a waste of time. After a year, and several months after the sale of my property, all I received from the OCC was a letter advising my case was still pending. The servicer took over a year to formally respond to the OCC – why are they not held more accountable? I think we all know the answer to that question. The fox is guarding the henhouse.
When I formally requested to know the details of the servicer’s response, the OCC advised “Since the response was addressed to us we cannot release this information to you” (or something like that). They did promise to provide these details when the case was closed. 16 months after my claim was filed, I am still waiting.
This extension is nothing but a smoke-screen to cover up the real fraud during an election year. Just like the national mortage “settlement.” Our government has known about the fraud perpetuated by the banks and has chose not only do nothing about it but reward them for their “misdeeds” and “abuses” and “alleged wrondoing.” I wonder how many more words our government has to substitute for “fraud.”
Sorry to be so cynical but the general public has bought the bank’s propaganda hook, line and sinker. Anyone who has lost or is in danger of losing their home is a “squatter” or “deadbeat.” Not until the number of people who have lost their home reaches critical mass (gee, you think we would have already reached that point?) will enough care to do something about it. And by that time it will be too late.
It is the politicians, stupid, as I keep telling myself. There are two kinds of politicians in this, 1) those that are not only complicit, but also, caused the problems, and, 2) those who are too dumb to do their own research and know almost nothing about the realities of fraudclosure.
Group 1) wants to put lots of distance between the thefts of citizens’ properties and now. The more time that goes by, the less and less are their chances of being embroiled in the fraud scheme. Many people will lick their wounds and find another way to live. At least, that’s what these politicians hope for.
Group 2) are so stupid it’s hard to say anything bad about them. They are willingly suspending belief.
These are the people we voted for. Persoanlly. I think we citizens need to completely vet all future politicical candidates, and if nobody meets better standards, don’t vote! Better yet, put a block on the ballot that says, NONE OF THE ABOVE.”