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Richard Zombeck

Richard Zombeck

Posted: December 2, 2009 11:30 AM

Shaming the Shameless: Why Treasury's Tactics Won't Stop Banks from Misbehaving

What's Your Reaction:

August seems to have been the month for scoldings at the Treasury Department. In August we felt the chilling winds of shame blowing across what was left of our economy when Assistant Secretary for Financial Institutions Michael Barr said, "I think we've been disappointed... about [banks'] performance in helping people in a timely fashion with the respect they deserve under difficult circumstances."

On Friday, after four months without progress, Barr said, "The banks are not doing a good enough job. Some of the firms ought to be embarrassed, and they will be."

What did shame get us? We got to hear the CEO of Goldman Sachs, the company not only responsible for this fiasco but also profiting from it. "I'm doing God's work", they tell us in a disgusting display of self adulation.

What's changed, that suddenly shame is going to work on the shameless? Have lenders come to the uncomfortable realization that they caused this mess, were bailed out by the same tax payers they've been kicking to the curb, and now it's time to do the right thing? Doubtful.

What we do hear from banks is that they need time to ramp up their "complicated processes" and staff. Raising interest rates doesn't seem to be a problem. My loan jumped to 9.5% on the exact day they said it would. No delay, no mistakes, no misplaced paperwork, no excuses.

Some executives will have you believe that it is a paperwork problem.

"The documents were confusing. Borrowers did not understand the process wasn't closed until the documents came in," Sanjiv Das, chief executive of Citigroup's mortgage unit, said earlier this month. "Even when the documents came in, they were not always complete."

It's hard to believe that enough Citigroup customers are so confused that the entire lending machine is grinding to a halt. Here are the documents required by HAMP: a request form, a tax form, and a pay stub. That and a stamp to mail the stuff are all you need.

There's more to the problem than administrative delays. These banks are all getting billions of dollars of taxpayer incentives to modify loans, but despite that, they continue to abuse and con homeowners.

OneWest took $814.2 million in taxpayer bailout and was called "inequitable, unconscionable, vexatious and opprobrious" by a Long Island Judge who wiped out a $525,000 loan calling out the bank for "harsh, repugnant, shocking and repulsive" acts.

Bank of America, receiving $6.1 billion in bailout funds, has been blamed for a man's fatal heart attack due to stress, and that's just one story.

Ira Glass, of This American Life, interviewed a Marine back from combat in Iraq, who said dealing with his mortgage was the most stressful thing he's been through. That was Chase, receiving $3.4 billion.

Chase continues to give one woman the run around after putting her through five months of trial payments, according to a The New York Times article.

Ocwen Financial Services, getting $656 million, might be the worst. This supposed poster child of loan modifications is gloating to industry rags about their success. You'd think from some of the press releases that they were single-handedly saving Western civilization. CEO Ronald Farris even went so far as to tell NPR that other banks were coming to them for advice.

According to Paul Koches, Executive Vice President, Ocwen has modified 66 percent of its loans to permanent modifications. That's 5,000 loans according to John Prior of HousingWire.com, but according to MortgageOrb.com the number is 3,039, and according a report from The Congressional Oversight Panel last month it's closer to 700. But Koches was also bragging about numbers nearing 60,000 in July, so who knows?

I asked Prior in an e-mail where he was getting his numbers and how he got his information. "Got the numbers from Ocwen in an interview with Koches," was the response.

Really!? He got it from the VP of a company that notoriously rips people off and trusted that information enough to write an article?

I should also mention that NPR never asked Farris for any proof of his claims.

Among Ocwen's loan modifications is my own. The process took 13 months of submitting paperwork no less than 15 times, interviews in The Huffington Post, radio interviews, my blog, and relentless phone calls and e-mails to John Tierney, Barney Frank, and Martha Coakley. We are still upside down on our mortgage by about 40 percent. Ocwen's executives may claim to reduce principals and say nice things like:

We roll up our sleeves; we talk directly with the borrower. We find out what their situation is and we provide counseling and basically a complete underwriting of the delinquent loan, perhaps the way it should have been done at the point of origination. - Paul Koches, Executive V.P.

According to Ocwen CEO Ronald Farris' own secretary, Linda Ludwig, Ocwen never reduces principal, despite what their executives are quoted as saying. They actually increased our principal by $20,000.

Belva Davis, of Michigan, with the help of a local activist group also got a loan modification from Ocwen after a year of negotiating. "The strategy included rallies in front of her house, pickets in front of the house of Wachovia/Wells Fargo administrator and huge numbers of telephone calls and e-mails to Ronald Farris the CEO of Ocwen," according to an article in Houserepos.

Ocwen even brags on their web site about a homeowner they helped by giving her free mortgage payments for a year in this article. Sounds pretty good right? What they don't mention, according to a former Ocwen employee, is that they charged her over $20,000 in foreclosure fees on the back end of the loan for a $52,000 home in Florida.

"I don't think they ever intended to do permanent loan modifications," said Margery Golant, a Florida lawyer who previously worked for Ocwen Financial to The New York Times. "It's a shell game that they're playing."

So really, shame is the tactic du jour? That's it? If you really want to see how homeowners are being treated by banks and servicers or whether the first round of shaming them back in August actually worked, read some of the stories from 20,000 members and homeowners at LoanSafe.org and judge for yourself. And while you're at it, sign their petition telling Congress to get off their ass.

See more at www.shitheadery.com

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August seems to have been the month for scoldings at the Treasury Department. In August we felt the chilling winds of shame blowing across what was left of our economy when Assistant Secretary for F...
August seems to have been the month for scoldings at the Treasury Department. In August we felt the chilling winds of shame blowing across what was left of our economy when Assistant Secretary for F...
 
 
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03:05 PM on 12/11/2009
We qualified for HAMP in June, sent in all docs etc. Trial per. began in June, we pay June, July, Aug, Sept, Oct. In October they asked for updated #'s plus a condensed 9 month P & L verified and signed by our CPA. My husband is a self employed contractor. June our gross was $9414 fast forward to Oct and I send in all the paperwork they requested. They run the #'s on 11/19 and now our gross is $21K according to them. No longer qualified for gov program now we are in an "in house" mod with CHase. I call Chase today and they say that they take the bank deposit amounts and come up with your gross income per month and do not take into account that you are self employed & pay subcontractors and vendors!!! Our P & L clearly states that our gross income is $9503 per month, which makes us still eligible for the gov program. The very RUDE customer "care" agent said they can't and won't change the numbers and that they way it was done is the way they're supposed to do it. Oh, so back in June they did it another way!? She said she would have someone from underwriting call in a couple of days. She didn't have an id # just an ext, Gloria was NOT nice at all after I challenged her in regards to the #'s. I have written to Dimon and Lowman with no response,
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time4change2009
11:42 AM on 12/03/2009
They have no shame...period.
10:49 PM on 12/02/2009
Great Article.
I really am at a loss as to why the American Public tolerates the ill fate of our economy -- brought down by the banking industry in their greed to bundle and sell bad paper. The public voted in mass, one time, for someone of a different ruling party to make a statement.
That statement hasn't helped the economy, and it certainly hasn't helped the homeowner. There is no shame on Wall Street, see? They arrest folks for insider trading, and everyone whispers "poor bastard" . . . . "got caught".
BofA is paying back TARP?! That's a riot! They built up their cash reserves by offering trial mortgage modificatoins to unsuspecting and hopeful homeowners that paid them for months, not 3, not 4, sometimes up to 9 months -- and then denied them the permanent modification. The slew of modifications that occured in August and September, our Fed paid 1 thousand dollars for each of those modifications, trial or not. Thanks again homeowners!
Wake up, America, refuse to be a good little puppet -- I have been for 42 years -- and here's my reward:
53% underwater on a bloated mortgage
$50 thousand of my own money to upgrade my pile of sticks
$88 thousand dollars in payments, in the last 2 years (my gift to the economy)
Ruined credit because I'm not sinking money into a sunken investment any more
A non-solicited permanent modification decreasing my 4 grand a month payment by 90 dollars
BofA 1
03:07 PM on 12/02/2009
I believe my second request for a HAMP-MOD has once again moved right back into a in house mod. After I denied the 1st in house so called mod @47% DTI, knowing that I fully qualify for the "HAMP" program, their is no real reason to due that again other than to get everyone to take their undesirable deal. So why are they doing what ever they want "NO-LAW" and also using leverage to play on everyone's "Emotions".
So let me see if our boy "Timmy & Sheila really want to see what all of these so called lenders are up to regarding, TPP that are moving into permanent mod's.
**************** so here we go!
650,000 (TPP) recorded are you with me so far "Timmy"
Go right now to Fannie and count how many of the (1st payments) out of the 650,000 of the borrowers in the TPP plan have been reported by the lenders.
We that qualify want the "HAMP" program period not their in house "SCREW" you mod's.
I was reading some of the banks statements after you released your so called new "once again help is on the way BS". Look at what they are saying today (we have done x-numbers of in house mod's WTF!). Sorry brothers & Sisters if you qualified for "HAMP" but got screw by greed and are now paying to rent your 1/2 priced home at their full price "GREED"
I've been at this for a long long "Self-Cure" time!