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Foreclosure Starts On The Rise, Driven By Fannie Mae And Freddie Mac

Posted: 03/ 7/2012 5:45 pm Updated: 03/ 8/2012 9:30 am

Foreclosure
President Barack Obama, joined by federal and state officials, speaks about the details of a housing settlement between federal and state officials and mortgage lenders on Feb. 9, 2012, in Washington, D.C.

Looks like the mortgage industry is ready to snake out a foreclosure pipeline clogged with millions of defaulted home loans.

Foreclosure starts on homeowners who have defaulted on their loans climbed 28 percent in January, to 203,458 from 159,092 the previous month, according to the LPS Mortgage Monitor, a housing report published by Lender Processing Services.

Most of the increase comes courtesy of Fannie Mae and Freddie Mac, the report says. Foreclosure starts on loans controlled by the government-owned mortgage companies jumped 60 percent in December. Foreclosure starts on loans controlled by all other investors -- private, bank-owned, and Federal Housing Authority -- were up about 10 percent.

A spokeswoman for the Federal Housing Finance Agency, the government regulator that has controlled the companies since they nearly went bankrupt in 2008, did not immediately respond to a request for comment.

The numbers seem to bring new urgency to a series of recent efforts by the Obama administration to throw a lifeline to struggling homeowners. In recent weeks, the government has announced an expansion of the Home Affordable Refinance Program, an opportunity for as many as three million homeowners with Federal Housing Authority insured loans to refinance at lower rates, as well as a settlement with five big banks over servicing misconduct that will provide $20 billion in principal write-downs and other aid to borrowers.

These initiatives, though, mostly provide assistance to mortgage holders who are current on their payments and are underwater. The outlook for most who are seriously delinquent, or who have stopped making payments altogether on their loan, is more bleak. Many of these homeowners do not qualify for government assistance, and in some instances, have not made payments for several years.

Other mortgage holders whose loans are delinquent have accused the financial institutions managing their loan of making a wide range of costly mistakes: lost paperwork, improper rejection for a loan modification, or an accounting error that triggered a wrongful foreclosure. Under the foreclosure settlement, Bank of America, JPMorgan Chase, Wells Fargo, Citigroup and Ally Financial have promised to make dozens of reforms designed to make servicing more fair for borrowers, though their past history of promising reforms leaves ample reason for skepticism.

A jump in foreclosure starts in the wake of the settlement was expected, as banks worried about the threat of lawsuits over "robo-signing" and other fraudulent activities relating to foreclosures once again. But the settlement was announced on Feb. 9 -- and the Lender Processing Services report is for January.

Also surprising is the degree to which the spike in January foreclosure starts was driven by Fannie Mae and Freddie Mac. The reason for this is not clear, but the fact that the mortgage giants seem to be leading the charge to push through foreclosures will likely provide additional fuel to critics of the agencies. Edward DeMarco, the acting director of the Federal Housing Finance Authority, has recently come under fire for refusing to allow principal reductions on the roughly 60 percent of outstanding loans controlled by the mortgage giants.

A bit of bright news in the report: While delinquencies and foreclosures are still well above historical norms, they have begun to edge down in most states. In Nevada, for example, 16.2 percent of home loans were in default -- more than four times the rate of North Dakota -- but down 20 percent since the same time last year.

All told, according to a report by Core Logic, a data company that tracks mortgages, about four million U.S. loans are seriously delinquent or in some stage of foreclosure.

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Looks like the mortgage industry is ready to snake out a foreclosure pipeline clogged with millions of defaulted home loans. Foreclosure starts on homeowners who have defaulted on their loans clim...
Looks like the mortgage industry is ready to snake out a foreclosure pipeline clogged with millions of defaulted home loans. Foreclosure starts on homeowners who have defaulted on their loans clim...
 
 
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86-44
Obama's loss is Americas win
09:00 AM on 03/08/2012
Government run program foreclosures up 60% privately run loan programs up 10%. Barney Frank and Chris Dodd should be in prison.
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Trepasky
Sanity is neither free nor easy
10:39 AM on 03/08/2012
Your micro succinctly defines the ideology and agenda of the GOP.
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86-44
Obama's loss is Americas win
10:43 AM on 03/08/2012
Of course it does. What did you expect?
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HUFFPOST SUPER USER
Ban KKiller
Banks are criminal.
08:23 AM on 03/08/2012
Finding out who "owns" your mortgage is difficult as the "servicers" are liars in general. They don't mean to lie but these representatives do not know the truth. PLEASE read your state's Uniform Commercial Code dealing with NEGOTIABLE INSTRUMENTS. Who has the right to enforce the mortgage note? Who possess the original mortgage note? How did they acquire it? Call your servicer and ask them "are you a debt collector or do you own the mortgage note"?. They can only answer "owner" or "debt collector". "SERVICER" is not an answer. Your authority is the FAIR DEBT COLLECTION PRACTICES ACT, a Federal Act, which says they MUST tell you the current creditor. Ask them how to validate and verify their answer! The problem for the "lenders" and "servicers" is that they DON'T know the owner....hence the lies, fraud and forgery still being used to illegally foreclose on homeowners..."robo-signing" is not dead! The FDCPA and your state's UNIFORM COMMERCIAL CODE are your key. Read them and you have the legal authority to call out these liars.
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HUFFPOST SUPER USER
IndyFem
10:20 AM on 03/08/2012
You offer some very useful facts in your posts. Thank You!
Fan and Fave!
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fabuloush2s
EverGreen
11:14 AM on 03/08/2012
Spot on post. Your comments have delivered awareness, which is key and certainly has been missing in all of this. Robo-signing is not dead and has not been court system challegened to completion. Established caselaw is needed and asap! It seems that even professional representatives (lawyer) are afraid to take any cases related to these issues, with the exception of representing people who are already foreclosed on and need *require a lawyer* at the courts' proceeding.. What a waste of money, when the actual crime remains unchallegned ...shameful
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HUFFPOST SUPER USER
Siebenstein
> there is no endless growth
06:16 AM on 03/08/2012
How do I find out who owns my property loan?
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HUFFPOST SUPER USER
Siebenstein
> there is no endless growth
06:04 AM on 03/08/2012
These people (admin. and banksters) just all disgust me.
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HUFFPOST SUPER USER
spinotter11
Spinning through life and trying to understand it.
09:47 AM on 03/08/2012
Well there's a useful reaction.
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HUFFPOST SUPER USER
Siebenstein
> there is no endless growth
03:39 PM on 03/08/2012
Uhu, it wasn't meant to be a guideline on "How to"
01:55 AM on 03/08/2012
The increase in the foreclosure starts is due to the base effect, because December were abnormally low. This journalist should be fired.

And Fannie and Freddie's delinquency rates are less than half the industry.
Freddie Mac's delinquency rate stands at 3.52%, very small rate.
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HUFFPOST SUPER USER
Siebenstein
> there is no endless growth
06:06 AM on 03/08/2012
Fannie & Freddie hold 60% of all mortgages, so they can't have less than 1/2 of the industry's delinquencies.
06:54 AM on 03/08/2012
Are you serious? I've said FnF have a delinquency rate of 3.52% that is less than half the industry. That's why their portion of the total industry's delinquencies is 20% or so, holding 60% of all mortgages. Get it now? They are a gold mine.
08:59 PM on 03/07/2012
There is a proposed bill in MA Senate that will legalize banks’ fraud and trash the county recording systems that have been in place for over two hundred years. We can’t let this happen! Senator Moore has been elected by the people, but he is trying to cover up the biggest mortgage/financial ponzi scheme ever.
MA Essex County Register of Deeds, John O’Brien, has been fighting the banks and their fraudulent documents for over two years now and he needs our help. We have to wake up before it is too late…
Please email Senator Michael Moore telling him that he was elected for the public office to represent the people, not the bankers who have committed the biggest fraud against this nation and its people!
email: Michael.Moore@masenate.gov
phone: (617) 722-1485

Please read more about our fight to protect the homeowners and to demand an investigation of banks' mortgage securitization and foreclosure practices: http://boston67.blog.com/mortgagefraudclosure/
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HUFFPOST SUPER USER
Bayard Waterbury
social philosopher
08:04 PM on 03/07/2012
It's so hard to wrap one's mind around the numbers in this matter, just staggering, and so amazing that the "bubble" is still "popping" when it comes to housing and credit. I heard that more than a quarter of student loan payments are now in technical default (that means about $250 billion at risk just there).

I have a couple of thoughts. A couple of weeks ago, Bill Black, famous federal prosecutor and OWS activist, discussed his role in the William Seidman led resolution of the S&L crisis. Bill was the head of the criminal investigations. He had over 1000 professional investigators at his disposal, and that crisis was miniscule compared to the present crisis. They did massive prosecutions, and many people were sent to jail and paid massive fines.

The other thought I had was the problem with the legal title to property proceeding from foreclosure (I may write a HuffPost article addressing this). If there are flaws in the foreclosure occasioned by bad documentation, and if those flaws were caused by criminal (fraud, misrepresentation, forgery, etc.) actions, the legal title to property post foreclosure may be invalid. With potentially questionable title to these properties, mortgage companies may not be able to obtain title insurance on future loans, and the property would be deemed worthless.
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HUFFPOST SUPER USER
Ban KKiller
Banks are criminal.
08:40 AM on 03/08/2012
The typical foreclosure complaint is full of "allegations" that people take as truth. ABC Bank as Trustee for XYZ Trust Series A1. Who says ABC Bank is Trustee? Where is the agreement showing that relationship? How did the single mortgage note come out of the Trust? How did that affect the REMIC status? Was there "cross collateralization" or "subordination" and any other insurance? If so, who was the harmed party if the certificate holders were made whole? Where is the agreement showing the alleged attorney represents the alleged Plaintiff? How can anyone know that their signature on the COPY of the alleged note is theirs? Where all of the assignments that are promised to in the securitization Prospectus in place? Did the mortgage note go into the security/trust on time as promised? Who is the alleged Custodian in the Prospectus? IF you answer a mortgage foreclosure complaint with Defensive Assertions with some of the above examples what happens? YOUR case goes to the bottom while the foreclosure mill goes after those that don't fight. Banks FEAR the educated...so learn!

Meanwhile people who buy a foreclosed home are seeing that they do NOT get a warranty deed in many cases. Why? The title companies can't promise a CLEAR UNCLOUDED title as they know many foreclosure cases can and are being overturned.