The settlement will provide $25 billion in monetary sanctions and relief to address foreclosure misconduct by five major banks. This includes $17 billion to help hundreds of thousands of homeowners stay in their homes through loan modifications and other assistance programs. It also establishes comprehensive mortgage servicing reforms and oversight to prevent improper foreclosure practices like robo-signing going forward.
This presentation gives a summary of the National Mortgage Settlement Act, including key provisions of the Act and how it has benefited affected borrowers.
An International Insolvency Law for Sovereign Debt? Learnings from the Euro ...Luca Amorello
Presentation of my new paper:
'An International Insolvency Law for Sovereign Debt?'
Seminar on “Sovereign Debt Restructuring and the Rights of Private Creditors”.
July 14, 2014,
House of Finance - Frankfurt.
U.S. Lending Industry Meets Mortgage Process as a ServiceCognizant
In a challenging and changing market, mortgage process as a service, orMPaaS, can provide banks with the talent and systems to handle essen¬tial lending services, enabling them to focus on rebuilding their business through product innovation to capture market share.
This presentation discusses the importance of front-end regulations when issuing debt, and the importance of conducting an adequate due diligence before investing in sovereign debt. Ignoring the details of applicable law to a bond issuance are not “back-end changes” when an issuer implements measures authorized by applicable law.
This presentation gives a summary of the National Mortgage Settlement Act, including key provisions of the Act and how it has benefited affected borrowers.
An International Insolvency Law for Sovereign Debt? Learnings from the Euro ...Luca Amorello
Presentation of my new paper:
'An International Insolvency Law for Sovereign Debt?'
Seminar on “Sovereign Debt Restructuring and the Rights of Private Creditors”.
July 14, 2014,
House of Finance - Frankfurt.
U.S. Lending Industry Meets Mortgage Process as a ServiceCognizant
In a challenging and changing market, mortgage process as a service, orMPaaS, can provide banks with the talent and systems to handle essen¬tial lending services, enabling them to focus on rebuilding their business through product innovation to capture market share.
This presentation discusses the importance of front-end regulations when issuing debt, and the importance of conducting an adequate due diligence before investing in sovereign debt. Ignoring the details of applicable law to a bond issuance are not “back-end changes” when an issuer implements measures authorized by applicable law.
Do you want to transfer all your hard earned assets to your loved ones? Have you worked whole your life and you want to be secure for the future of your family? For more information visit: http://margarianlaw.com/
DFA Federal Deposit Insurance Reform - PaperStephanie Bohn
Dr. Scott Hein, Professor of Finance and faculty director of the Texas Tech School of Banking, presented his research at the fourth annual Federal Reserve System/ Conference of State Bank Supervisors Community Banking in the 21st Century Research and Policy Conference at the Federal Reserve Bank of St. Louis.
Authorisation under the new Consumer Credit regimeRachel Tandy
As of 1 April 2014. consumer credit businesses must now be authorised under FSMA rather than licensed under the Consumer Credit Act. These slides summarise the key changes.
This presentation is designed for those with responsibilities in the areas of compliance, human resources, lending, audit and management of Credit Unions and their mortgage lending subsidiaries. It will explain the necessary steps to take to be compliant with the new SAFE Act requirements.
Do you want to transfer all your hard earned assets to your loved ones? Have you worked whole your life and you want to be secure for the future of your family? For more information visit: http://margarianlaw.com/
DFA Federal Deposit Insurance Reform - PaperStephanie Bohn
Dr. Scott Hein, Professor of Finance and faculty director of the Texas Tech School of Banking, presented his research at the fourth annual Federal Reserve System/ Conference of State Bank Supervisors Community Banking in the 21st Century Research and Policy Conference at the Federal Reserve Bank of St. Louis.
Authorisation under the new Consumer Credit regimeRachel Tandy
As of 1 April 2014. consumer credit businesses must now be authorised under FSMA rather than licensed under the Consumer Credit Act. These slides summarise the key changes.
This presentation is designed for those with responsibilities in the areas of compliance, human resources, lending, audit and management of Credit Unions and their mortgage lending subsidiaries. It will explain the necessary steps to take to be compliant with the new SAFE Act requirements.
This biannual publication, reSearch, is dedicated to the mission of informing and inspiring readers by highlighting scientific performance at The Research Institute at Nationwide Children's Hospital.
This biannual publication, reSearch, is dedicated to the mission of informing and inspiring readers by highlighting scientific performance at The Research Institute at Nationwide Children's Hospital.
Chapter 20Consumer Credit TransactionsL E A R N I N G .docxketurahhazelhurst
Chapter 20
Consumer Credit Transactions
L E A R N I N G O B J E C T I V E S
After reading this chapter, you should understand the following:
1. How consumers enter into credit transactions and what protections they
are afforded when they do
2. What rights consumers have after they have entered into a consumer
transaction
3. What debt collection practices third-party collectors may pursue
This chapter and the three that follow are devoted to debtor-creditor relations. In
this chapter, we focus on the consumer credit transaction. Chapter 21 "Secured
Transactions and Suretyship" and Chapter 22 "Mortgages and Nonconsensual
Liens" explore different types of security that a creditor might require. Chapter 23
"Bankruptcy" examines debtors’ and creditors’ rights under bankruptcy law.
The amount of consumer debt, or household debt1, owed by Americans to
mortgage lenders, stores, automobile dealers, and other merchants who sell on
credit is difficult to ascertain. One reads that the average household credit card debt
(not including mortgages, auto loans, and student loans) in 2009 was almost
$16,000.Ben Woolsey and Matt Schulz, Credit Card Statistics, Industry Statistics, Debt
Statistics, August 24, 2010, http://www.creditcards.com/credit-card-news/credit-
card-industry-facts-personal-debt-statistics-1276.php. This is “calculated by
dividing the total revolving debt in the U.S. ($852.6 billion as of March 2010 data, as
listed in the Federal Reserve’s May 2010 report on consumer credit) by the
estimated number of households carrying credit card debt (54 million).” Or maybe
it was $10,000.Deborah Fowles, “Your Monthly Credit Card Minimum Payments May
Double,” About.com Financial Planning, http://financialplan.about.com/od/
creditcarddebt/a/CCMinimums.htm. Or maybe it was $7,300.Index Credit Cards,
Credit Card Debt, February 9, 2010, http://www.indexcreditcards.com/
creditcarddebt. But probably focusing on the average household debt is not very
helpful: 55 percent of households have no credit card debt at all, and the median
debt is $1,900.Liz Pulliam Weston, “The Big Lie about Credit Card Debt,” MSN Money,
July 30, 2007.
1. Debt owed by consumers.
726
http://www.creditcards.com/credit-card-news/credit-card-industry-facts-personal-debt-statistics-1276.php
http://www.creditcards.com/credit-card-news/credit-card-industry-facts-personal-debt-statistics-1276.php
http://financialplan.about.com/od/creditcarddebt/a/CCMinimums.htm
http://financialplan.about.com/od/creditcarddebt/a/CCMinimums.htm
http://www.indexcreditcards.com/creditcarddebt
http://www.indexcreditcards.com/creditcarddebt
In 2007, the total household debt owed by Americans was $13.3 trillion, according to
the Federal Reserve Board. That is really an incomprehensible number: suffice it to
say, then, that the availability of credit is an important factor in the US economy,
and not surprisingly, a number of statutes have been enacted over the years to
protect consumers both before and a ...
All product and company names mentioned herein are for identification and educational purposes only and are the property of, and may be trademarks of, their respective owners.
Does less regulation equal more loan defaultsusmajormovers
The recent U.S. House vote to roll back mortgage lending limits of the 2010 Dodd-Frank Bill was termed the “crown jewel” of Republican reform, but it is by no means a shoe-in in the Senate. However, if efforts are successful at raising the Debt-to-Income (DTI) ratio from its present 43% limit, what effect will the change have on future loan default rates? No one seems to have a functioning crystal ball, but there are few historical statistics to rely upon for hints.
Similar to National settlement executive_summary (20)
Omaxe Sports City Dwarka stands out as a premier residential and recreational destination, offering a blend of luxury and sports-centric living. Located in the thriving area of Dwarka, this project by Omaxe Limited is designed to cater to modern lifestyle needs while promoting a healthy, active living environment.
Green Homes, Islamabad Presentation .pdfticktoktips
Green Homes Islamabad offers beautifully designed 5, 8, and 10 Marla homes near the airport and motorway. Enjoy luxury, convenience, and high rental returns in a prime location.
Urbanrise Paradise on Earth - Unveiling Unprecedented Luxury in Exquisite Vil...JagadishKR1
Immerse yourself in the epitome of luxury living at Urbanrise Paradise on Earth. These opulent 4 BHK villas, nestled off the prestigious Kanakapura Road in Bangalore, redefine elegance and sophistication. With meticulous craftsmanship, breathtaking design, and unparalleled amenities, Urbanrise Paradise on Earth offers a sanctuary where every moment is infused with luxury and serenity. Experience a life of grandeur and indulgence at this exclusive residential enclave.
The SVN® organization shares a portion of their new weekly listings via their SVN Live® Weekly Property Broadcast. Visit https://svn.com/svn-live/ if you would like to attend our weekly call, which we open up to the brokerage community.
Investing In The US As A Canadian… And How To Do It RIGHT!! (feat. Erwin Szet...Volition Properties
=== Investing In The US As A Canadian… And How To Do It RIGHT!! (feat. Erwin Szeto) ===
Ever been curious about Real Estate Investing in the US?? At Volition, for the past 14 years, we have been focused on helping investors invest in over $250M of real estate and generate $100M of wealth in the Toronto market, but we are always open to learning more about other business models and learning from other investors.
The US has always been an intriguing market to invest in. But the US is a big place… if you’re interested in investing in the US, you probably have a lot of questions, like:
☑️ Specifically WHERE should you invest?
☑️ What are the best markets to invest in and why?
☑️ How much are property prices there?
☑️ What are the returns like?
☑️ What is cashflow like?
☑️ Compared to investing in Toronto or other cities in Ontario, what are the benefits / tradeoffs?
☑️ What ownership structure should I use?
☑️ What are the tax implications?
☑️ Can I get financing?
☑️ What are tenants like?
Enter Erwin Szeto, a longtime friend of Volition. Since 2005, Erwin Szeto and his team have navigated the challenging landscape of being landlords in Ontario. Now, they are shifting their focus and guiding their clients' investments toward the more landlord-friendly environment of the USA. This decision comes after assisting Canadian clients in transacting over $440,000,000 in income properties. Faced with issues like affordability constraints, tenant-friendly laws, rent control, and rental licensing in Canada, Erwin sees a clear opportunity in the U.S. Here, there is a significant influx of investments leading to the creation of high-paying manufacturing jobs. Erwin and his clients are poised to capitalize on these opportunities where landlord rights are stronger and there is no rent control.
To facilitate this transition, Erwin has partnered with and become a client of SHARE, a one-stop-shop U.S. Asset Manager. Founded by Canadians for Canadians, SHARE enables as passive an ownership experience as possible for landlords in the U.S., while still maintaining direct, 100% ownership.
Erwin is “Making Real Estate Investing Great Again”!!
Website: https://www.infinitywealth.ca/
Facebook: https://www.facebook.com/iwinrealestate and https://www.facebook.com/ErwinSzetoOfficial
Podcast: https://www.truthaboutrealestateinvesting.ca/
Instagram: https://www.instagram.com/iwinrealestate/ and https://www.instagram.com/erwinszeto/
Rixos Tersane Istanbul Residences Brochure_May2024_ENG.pdfListing Turkey
Tersane Suites Residences is a luxurious real estate project located in the heart of Istanbul, next to the beautiful Golden Horn. This unique development offers hotel concept residences with Rixos management, making it the perfect choice for both homeowners and investors.
The Tersane Suites Residences offers a wide range of options, from studio apartments to spacious four-bedroom units, all designed to the highest standard. The suites are finished with high-quality materials and feature modern, open-plan living spaces, fully-equipped kitchens, and large balconies with stunning views of the city and sea.
One of the standout features of Tersane Suites Residences is the Rixos management, which provides a truly exclusive and upscale living experience. Residents will have access to a range of luxury amenities, including a fitness center, spa, and indoor and outdoor swimming pools. Plus, the on-site restaurants and cafes provide a taste of the local and international cuisine.
The Tersane Suites Residences also offers a great opportunity for investors, as it provides a rental guarantee program. This means that investors can enjoy a steady income stream, with the peace of mind that their property is being managed by a reputable and experienced team.
The location of Tersane Suites Residences is also unbeatable, with easy access to the city’s main transportation links and within close proximity to the historic center, making it the perfect base for exploring all that Istanbul has to offer.
The KA Housing - Catalogue - Listing TurkeyListing Turkey
Welcome to KA Housing, a distinguished real estate development nestled in the heart of Eyüpsultan, one of Istanbul’s most promising districts.
Just 10 minutes from the bustling city center, Eyüpsultan offers a serene escape with the convenience of urban living. The direct metro line ensures seamless connectivity to all parts of Istanbul, making it an ideal location for residents who seek both tranquility and vibrancy.
KA Housing boasts unparalleled accessibility, with proximity to Istanbul Airport only 30 minutes away, facilitating easy international travel. Effortless city access is guaranteed by direct metro and transportation links to Istanbul’s cultural and commercial hubs. Quick access to key metro lines connects you to every corner of the city within minutes, making commuting and exploring the city hassle-free.
The development offers luxurious living spaces with a range of unit layouts from 1+1 to 4+1, designed with meticulous attention to detail. Each unit features balconies or terraces, providing stunning vistas of Istanbul and enhancing the living experience. High-quality materials and superior craftsmanship ensure durability and elegance, while sound-proof insulation and high ceilings (2.95 m) offer comfort and sophistication.
Residents of KA Housing enjoy exclusive on-site amenities, including a state-of-the-art gym, outdoor swimming pool, yoga area, and walking paths. Entertainment options abound with a private cinema, children’s playground, and a variety of dining options including a café and restaurant. Security and convenience are paramount with 24/7 security, a dedicated carpark garage, and an IP intercom system.
KA Housing represents a prime investment opportunity with limited availability in a high-demand area, ensuring enduring value and potential for lucrative returns. Homes in this development provide exceptional value without compromising on quality, offering affordable luxury for discerning buyers. The construction is of the highest quality, built to the latest seismic and disaster resistance standards, ensuring safety and resilience.
The community and surroundings of KA Housing are enriched by close proximity to prestigious universities such as Haliç University, Bilgi University, and Istanbul Ticaret University, making it an ideal location for students and academics. The development is adjacent to the Alibeyköy stream leading into the Halic waters, offering serene natural escapes amidst lush greenery. Residents can enjoy the cultural richness of the area, surrounded by historical and cultural landmarks that blend leisure, nature, and culture seamlessly.
https://listingturkey.com/property/the-ka-housing/
Simpolo Tiles & Bathware
Tile ho,
toh Simpolo.
Since the first steps were taken in 1977, Simpolo Ceramics has carved its niche as a consistently growing organisation with unparalleled innovation and passion rooted in simplicity.
We endure gratification for every experience we offer, created to share something meaningful. It may not resonate with the majority, but that makes us a class apart. If only a handful were to understand the purpose of our existence, we would be proud to have found our believers. Rather, people with whom we can share our beliefs.
VISUALIZER
Design your space in your style with our very own Visualizer. Now, you can choose the tiles of your liking from our wide selection and see how they would look in a space. Select the tile from the multiple options and the visualiser will replace the surfaces in the image with the selected tiles. This way, instead of just your imagination, you can choose the tiles for your place by getting an actual picture of how they would look in a space. So, design your space the way you desire digitally and implement it in real life to get the best results!
You can also share this visualiser with others to help them design their space.
Committed to delighting customers with world-class ceramic products and services. Make Simpolo synonymous with the best quality and set new benchmarks of excellence for all stakeholders. Pursue best business practices with utmost integrity to make Simpolo an exciting organisation to work with, for vendors, channel partners, investors and employees alike.
Gain worldwide recognition in the field of ceramic building products through Research and Innovation and bring an enhanced lifestyle within reach for every household.
Keep Your Home Naturally Cool and Warm Out Change in Seasons
Vinra Construction is a private limited company registered under the ROC. The management has an experience of over 15 years of understanding the needs and delivering apt solutions to the end users We are providing turnkey solutions in construction fields. like Construction, Interior Designing Facility Management, Plantation Management, etc..
Vinra Construction Tech Enabled Company for Eco-Friendly Home Construction
Contact With Vinra for a Greener Future >>> Call us @ 888 4898 765
Elegant Evergreen Homes - Luxury Apartments Redefining Comfort in Yelahanka, ...JagadishKR1
Experience unmatched luxury at Elegant Evergreen Homes, offering exquisite 2, 3, and 4 BHK apartments in the serene locality of Yelahanka, Bangalore. These meticulously crafted homes blend modern design with timeless elegance, providing a harmonious living environment. Enjoy top-tier amenities and a prime location, making Elegant Evergreen Homes the ideal choice for discerning homeowners.
Brigade Insignia offers meticulously designed apartments with modern architecture and premium finishes. The project features spacious 3,3.5,4 and 5 BHK units, each thoughtfully planned to provide maximum comfort, natural light, and ventilation.
https://www.newprojectbangalore.com/brigade-insignia-yelahanka-bangalore.html
Scanning tenants in NYC requires a thorough and compliant approach to ensure you find reliable renters. For a positive rental experience, consider hiring a property management service. Belgium Management LLC specializes in NYC rental property management and tenant relationship management. We prioritize tenant satisfaction, making us a trusted name in New York property management. Our dedicated team ensures tenants feel valued and supported throughout their lease.
500 acres of brilliance await you here at Riverview City which offers modern living, effortless convenience, and a beautiful natural setting. It is a mega township by Magarpatta City in Loni Kalbhor, Pune. Enjoy easy access to work, schools, and fun while experiencing a perfect work-life balance.
Visit - magarpattacity.developerprojects.in
Flat available for sale
Location- Tupudana, Ranchi
Savitri enclave
Area- 3BHK
Rate- 4000/sq.ft.
Super Build Up Area-1629 sq.ft.
Build-up area-1253 sq.ft.
Rate- 65lakh16k(approx)
Floor available- Flat available in all floor(G+12)
Balcony- 2
Washroom- 2
Parking - CAR PARKING
Amenities- Joggers track,temple, children's park,gym,banquet hall (5 Lakh)
Possession year (Handover year)- Dec 2025
Outside View from the apartment and flat balcony is very beautiful.
For more information contact AASHIYANA STAR PROPERTIES
7766900371
One FNG by Group 108 Sector 142 Noida Construction UpdateOne FNG
One FNG by Group 108 is launching a new commercial project in Sector 142 Noida. Office space and high street retail shops on the FNG and Noida Expressway. For more information visit the website https://www.onefng.com/
Presentation to Windust Meadows HOA Board of Directors June 4, 2024: Focus o...Joseph Lewis Aguirre
Presentation to Windust Meadows HOA Board of Directors June 4, 2024: Focus on Public Safety as Job #1, Engagement, Wealth of HOA, Branding, Communication, Culture, Civic Responsibility
Referans Bahcesehir which is being constructed, in the center of the most regional destination as Bahçeşehir, shines out with its central location and unique landscape including social facilities such as a fitness center, sauna, sports facilities, children’s playground and recreational areas.
Not only drawing attention for immediate surroundings including commercial centers and private schools but also providing the easily accessible location with closeness to Tem Highway and connection roads, ongoing construction of 3rd Bridge Connection roads and Metro Projects
Bahcesehir is a rising value in the great city of Istanbul… Located at a new transportation junction in the northwest of the City… Located at such a spot that the access roads for the 3rd bridge and for the 3rd Airport will reach the region in 2016. The Marmaray and the Subway will extend all the way to Referans Bahcesehir respectively in 2018 and 2019.
465 flats and 34 stores are designed with an outstanding approach and arranged with a unique perspective offering the following options: 1 plus 1, 2 plus 1, 3 plus 1, 3.5 plus 1, 4 plus 1, and 4.5 plus 1. It is planned so as to safeguard you and your loved ones based upon a modern, technological safety approach. As you experience the joy and luxury here, you will be content and feet at ease.
It is worth seeing both inside and outside with heart-warming cafes, tasty restaurants and elegant stores… And it is ready to offer a vivacious social life with a warm and cozy space design.
A folding swimming pool and indoor swimming pools, playgrounds, Turkish bath, sauna… It has them all. Everything you need for your well-being and for having a pleasant time will be at your service. You simply need to align the rhythm of life with the rhythm of Referans Bahcesehir.
https://listingturkey.com/property/referans-bahcesehir/
1. EXECUTIVE SUMMARY OF MULTISTATE/
FEDERAL SETTLEMENT OF FORECLOSURE
MISCONDUCT CLAIMS
The settlement between the state attorneys general and the five leading
bank mortgage servicers will result in approximately $25 billion dollars in
Philip A. Lehman
Consumer Protection Division monetary sanctions and relief. The settlement represents the largest financial
Assistant Attorney General
recovery obtained by the attorneys general except for the 1998 Master Tobacco
Settlement. The accord will enable hundreds of thousands of distressed
North Carolina Department of Justice
homeowners to stay in their homes through enhanced loan modifications. It
will also fund payments to victims of unfair foreclosure practices and provide
support for housing counseling and state-level foreclosure prevention programs.
In addition to the monetary allocations, the settlement will require
comprehensive reforms of mortgage loan servicing. The mandated standards
will cover all aspects of mortgage servicing, from consumer response to
foreclosure documentation. To ensure that the banks meet the new standards,
the settlement will be recorded and enforceable as a court judgment.
Compliance will be overseen by an independent monitor who will report to the
attorneys general and the court.
The settlement follows ten months of intensive negotiations between the five
banks and a coalition of state attorneys general and federal agencies, including
the Departments of Justice, Treasury, and Housing and Urban Development. The
investigation began in October 2010 following revelations of widespread use
of “robo-signed” affidavits in foreclosure proceedings across the country. State
attorneys general formed a working group to investigate the problem and to
confront the banks about the allegations. The major mortgage servicing banks
soon acknowledged that individuals had been signing thousands of foreclosure
affidavits without reviewing the validity or accuracy of the sworn statements.
Several national banks then agreed to stop their foreclosure filings and sales
until corrective action could be taken.
While the robo-signing issue received the most attention, other servicer-related
problems were identified, including deceptive practices in the offering of loan
modifications (for example, telling consumers that a loan modification was
imminent while simultaneously foreclosing). The performance failures resulted
in more than just poor customer service. Unnecessary foreclosures occurred due
to failure to process homeowners’ requests for modified payment plans. And
where foreclosures should have been concluded, shoddy documentation led to
protracted delays. This misconduct threatened the integrity of the legal system
and had a negative impact on communities and the overall housing market.
All 50 state attorneys general determined that the compliance and performance
failures prevalent in mortgage servicing were a high priority law enforcement
and consumer protection matter. A bipartisan Negotiating Committee, made up
of eight attorneys general led the settlement negotiations. The Committee had
extensive discussions with a wide variety of stakeholders, including investor
groups, state banking examiners, bankruptcy attorneys, consumer groups and
1
2. EXECUTIVE SUMMARY OF MULTISTATE/FEDERAL SETTLEMENT OF FORECLOSURE MISCONDUCT CLAIMS
legal aid attorneys. The assistance and cooperation of state banking regulators and the Conference
of State Banking Supervisors was particularly helpful in developing expertise. The attorneys
general also partnered with federal authorities in order to benefit from their expertise and
investigations. A working relationship with federal agencies was particularly important because
national banks assert that state officials have no authority to investigate their banking practices.
The negotiations focused on robo-signing and mortgage servicing misconduct. The resulting
settlement addresses the primary goals of the attorneys general: to provide immediate relief to
enable struggling homeowners to avoid foreclosure; to bring badly needed reform to the mortgage
servicing industry; to ensure that foreclosures are lawfully conducted; and to penalize the banks
for robo-signing misconduct. The settlement imposes monetary sanctions on the banks while
providing immediate and continuing relief to homeowners. Full litigation of the states’ claims
would likely have taken years, at a time when the foreclosure crisis requires immediate relief for
homeowners. And adjudication of state-based robo-signing claims may have led to civil penalties
but could not have yielded the amount and scope of the relief obtained in this settlement.
The settlement was not intended to address issues related to mortgage loan securitization or the
concerns of investors. The settlement does not release securitization claims, so private parties
and government officials are free to pursue those claims. Nor does the settlement provide any
immunity or release for criminal conduct.
SUMMARY OF KEY SETTLEMENT TERMS
I. Relief for Struggling Homeowners
The settlement requires the five banks to allocate a total of $17 billion in assistance to borrowers
who have the intent and ability to stay in their homes while making reasonable payments on their
mortgage loans. At least 60 percent of the $17 billion must be allocated to reduce the principal
balance of home loans for borrowers who are in default or at risk of default on their loan payments.
Many homeowners, particularly in states like Florida, Arizona, Nevada and California, have
negative equity in their homes and have no realistic ability of refinancing or selling their homes, or
to build equity. Principal reductions will also yield lower payments and will give homeowners a
fair opportunity to preserve their homes.
In addition to principal reductions, the banks must allocate funds, approximately $5.2 billion, for
other forms of homeowner assistance. These options include the facilitation of short sales which
allow houses to be bought and sold when the mortgage balance exceeds the value of the property.
Another program is unemployed payment forbearance, which will defer payments for homeowners
who are between jobs. Other options for funding include relocation assistance for homeowners
facing foreclosure, waiving of deficiency balances, and funding for remediation of blighted
properties.
II. Refinancing of Underwater Homes
To assist homeowners who are not delinquent on their payments but cannot refinance to lower
rates because of negative equity, the banks must offer refinance programs totaling at least $3
billion. The banks will be required to notify eligible homeowners of the availability of these
programs. To be eligible, a borrower must be current on mortgage payments, have a loan to value
ratio in excess of 100%, and must have a current interest rate in excess of 5.25%. The refinanced
rate must reduce monthly payments by at least $100.
2
3. EXECUTIVE SUMMARY OF MULTISTATE/FEDERAL SETTLEMENT OF FORECLOSURE MISCONDUCT CLAIMS
III. Mortgage Servicing Reforms
A major component of the settlement is the comprehensive reform of mortgage servicing
practices. The new standards will prevent mortgage servicers from engaging in robo-signing and
other improper foreclosure practices. The standards will require banks to offer loss mitigation
alternatives to borrowers before pursuing foreclosure. They also increase the transparency of the
loss mitigation process, impose time lines to respond to borrowers, and restrict the unfair practice
of “dual tracking,” where foreclosure is initiated despite the borrower’s engagement in a loss
mitigation process.
Specific new servicing standards include:
• Information in foreclosure affidavits must be personally reviewed and based on competent
evidence.
• Holders of loans and their legal standing to foreclose must be documented and disclosed to
borrowers.
• Borrowers must be sent a pre-foreclosure notice that will include a summary of loss
mitigation options offered, an account summary, description of facts supporting lender’s right
to foreclose, and a notice that the borrower may request a copy of the loan note and the
identity of the investor holding the loan.
• Borrowers must be thoroughly evaluated for all available loss mitigation options before
foreclosure referral, and banks must act on loss mitigation applications before referring loans
to foreclosure; i.e. “dual tracking” will be restricted.
• Denials of loss mitigation relief must be automatically reviewed, with a right to appeal for
borrowers.
• Banks must implement procedures to ensure accuracy of accounts and default fees, including
regular audits, detailed monthly billing statements and enhanced billing dispute rights for
borrowers.
• Banks are required to adopt procedures to oversee foreclosure firms, trustees and other
agents.
• Banks will have specific loss mitigation obligations, including customer outreach and
communications, time lines to respond to loss mitigation applications, and e-portals for
borrowers to keep informed of loan modification status.
• Banks are required to designate an employee as a continuing single point of contact to assist
borrowers seeking loss mitigation assistance.
• Military personnel who are covered by the Service members Civil Relief Act (SCRA) will have
enhanced protections.
• Banks must maintain adequate trained staff to handle the demand for loss mitigation relief.
• Application and qualification information for proprietary loan modifications must be publicly
available.
• Servicers are required to expedite and facilitate short sales of distressed properties.
• Restrictions are imposed on default fees, late fees, third-party fees, and force-placed
insurance.
IV. Monitoring and Enforcement
The settlement with each bank will be incorporated into a Consent Judgment that will be submitted
to a federal judge for approval. Compliance with the servicing standards and financial obligations
of the banks can be ultimately enforced through court process. Civil penalties may be assessed for
violations of the Consent Judgment.
3
4. EXECUTIVE SUMMARY OF MULTISTATE/FEDERAL SETTLEMENT OF FORECLOSURE MISCONDUCT CLAIMS
The banks’ performance of their obligations under the settlement will be overseen by an
independent Monitor. The Monitor will employ a staff of professionals to review the banks’
compliance. The Monitor will issue periodic reports to the attorneys general, including notices of
any potential violations.
The banks will report on their compliance in the form of agreed-upon metrics and outcome
measures. Included among the compliance metrics are testing for proper documentation of
foreclosures, loss mitigation offers and proper evaluation of loan modification applications. There
will also be testing to ensure that borrowers’ account information is accurate and that any fees are
properly assessed and are not excessive. If banks fail to remedy violations, they are subject to civil
penalties of up to $5 million from the court.
V. Payments to Foreclosure Victims
Approximately $1.5 billion of the settlement funds will be allocated to compensation to borrowers
who were foreclosed on after January 1, 2008. These borrowers will be notified of their right to
file a claim. Borrowers who were not properly offered loss mitigation or who were otherwise
improperly foreclosed on will be eligible for a uniform payment, which will be approximately
$2000 per borrower depending on level of response. Borrowers who receive payments will not
have to release any claims and will be free to seek additional relief in the courts. Borrowers may
also be eligible for a separate restitution process administered by the federal banking regulators.
VI. Payments to the States
The remaining settlement funds, approximately $2.5 billion, will be paid to the participating states.
The funds may be distributed by the attorneys general to foreclosure relief and housing programs,
including housing counseling, legal assistance, foreclosure prevention hotlines, foreclosure
mediation, and community blight remediation. A portion of the funds may also be designated as
civil penalties for the banks robo-signing misconduct.
VII. Release of Claims
The proposed Release contains a broad release of the banks’ conduct related to mortgage loan
servicing, foreclosure preparation, and mortgage loan origination services. Claims based on
these areas of past conduct by the banks cannot be brought by state attorneys general or banking
regulators.
The Release applies only to the named bank parties. It does not extend to third parties who may
have provided default or foreclosure services for the banks. Notably, claims against MERSCORP, Inc.
or Mortgage Electronic Registration Systems, Inc. (MERS) are not released.
Securitization claims, including claims of state and local pension funds, and including investor
claims related to the formation, marketing or offering of securities, are fully preserved. Other
claims that are not released include violations of state fair lending laws, criminal law enforcement,
claims of state agencies having independent regulatory jurisdiction, claims of county recorders for
fees, and actions to quiet title to foreclosed properties. Of course, the Release does not affect the
rights of any individuals or entities to pursue their own claims for relief.
4