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Big banks: Foreclosure probes carry financial risk

Sat Feb 26, 2011 4:37 PM EST
business, technology, us, big, foreclosure, investigations, banks-foreclosure
Associated Press
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NEW YORK — Probes by state attorneys general and other government agencies into banks' foreclosure practices carry the risk of fines and other major costs, according to regulatory filings from three of the country's biggest banks.

Revelations that major U.S. banks rammed through hundreds of foreclosures daily without giving many borrowers a fair shot at keeping their homes triggered investigations from all 50 states' attorneys general and from state and federal regulators. They also sparked pressure from lawmakers and class-action lawsuits.

Bank of America Corp., Citigroup Inc. and Wells Fargo & Co. called out possible financial repercussions in annual filings with the Securities and Exchange Commission Friday. None of them provided any details on how much was at risk.

"Those investigations and any irregularities that might be found in our foreclosure processes, along with any remedial steps taken in response to governmental investigations or to our own internal assessment, could have a material adverse effect on our financial condition and results of operations," Bank of America said.

The Charlotte, N.C.-based bank said it is dedicating significant resources to comply with investigations, and warned that the probes could result in "material fines, penalties" and expose the company to new lawsuits and more legal costs.

"Our costs increased in the fourth quarter of 2010 and we expect that additional costs incurred in connection with our foreclosure process assessment will continue into 2011 due to the additional resources necessary to perform the foreclosure process assessment, to revise affidavit filings and to implement other operational changes," Bank of America said in the filing.

New York-based Citigroup said investigations and scrutiny of its own foreclosure processes have "resulted in, and may continue to result in, the diversion of management's attention and increased expense, and could result in fines, penalties, other equitable remedies, such as principal reduction programs, and significant legal, negative reputational and other costs."

Wells Fargo also said it is being investigated by several government agencies for its foreclosure practices.

"It is likely that one or more of the government agencies will initiate some type of enforcement action against Wells Fargo, which may include civil money penalties," the company said in its filing. "Wells Fargo continues to provide information requested by the various agencies."

The bank also said several lawsuits have been filed against it, claiming that Wells Fargo submitted fraudulent affidavits or other documents to foreclose on homes.

"Specifically, plaintiffs allege that Wells Fargo signers did not have personal knowledge of the facts alleged in the documents and did not verify the information in the documents ultimately filed with courts to foreclose," the San Francisco-based bank said in the filing.

© 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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  • Public Discussion (9)
The BluOwle

Weeellll, Ya think?! They sound like a bunch of cry-baby whinners to me! We can only hope it costs these cartels massively (hopefully to the point of bankruptcy for themselves!) to sort out all their crimminal activities! EVERYONE of their employees, from the 'robo-signers' all the way up to the top should be prosecuted fully, maybe even create a new set of "laws & punishments" just for them. Giving them jailtime only puts the burden of their existence on the taxpayers, which can't really be afforded. This kind of theft should earn them ALL the firing squad!

  • 1 vote
Reply#1 - Sun Feb 27, 2011 2:05 PM EST
chitownty

Let the banks sell off their assets and maybe claw back some bonuses if need be,if they stay in business good,if not ,good riddance.They did it to themselves.

    Reply#2 - Mon Feb 28, 2011 1:00 AM EST
    brianhook10

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      Reply#3 - Mon Feb 28, 2011 3:02 AM EST
      flameaway

      This is a fart in a high wind. I would be very surprised if there are any substantial fines. These folks are too connected to legislators. Here is what I predict will happen. Any fines will only be a small percentage of the money these banks made over the past 5 years. It will just be considered the cost of doing busniess. Much like fines the oil companies pay.

      Now, when they start throwing some corporate leaders in prison. Why then, I'll start getting excited.

        Reply#4 - Mon Feb 28, 2011 3:53 AM EST
        The BluOwle

        I don't expect any real action(s) on any of this either, but we can always dream about it, huh? LOL! Most Americans KNOW who's guilty of what regardless, probably why none of those CEOs are hardly ever seen in public & ride around behind bulletproof glass. They'll all get their just due, eventually one way or another.

          #4.1 - Mon Feb 28, 2011 6:22 AM EST
          flameaway

          "They'll all get their just due, eventually one way or another."

          Well we need to get started, because they are awfully close to being unstoppable at this point.

            #4.2 - Mon Feb 28, 2011 10:57 AM EST
            tony1234

            The worst gangster of all is JP Morgan Chase. These guys are really playing all the tricks. I had to deal with them recently on behave of my mother, an 83 yo uneducated widow who still thinks she can take care of the bills.

            She was slapped with a "flood insurance" placed by the bank of $417 a month, because the association failed to include flood insurance. She lives in a 4th floor condo association unit which has an “umbrella” insurance for all of the properties. The fact of the matter is that FEMA revised the flood maps and excluded the area from flood on Feb 2010.

            My mother, out of ignorance, never read the letters and statements and continued sending the usual amount ($107.17 a month) and when I found out what was happening they had the apartment in foreclosure.

            We are talking of a property worth today after the crash over $70,000 with a mortgage of less than $14,000 at 4-5/8% interest. On top of that, my mother wrote a check back in September for 117.17 and her checking bank paid it for $777.77. Her handwriting is terrible and the bank read the numbers but not the words on the check and paid it as 777.77. She never realized this until I told her.

            So, in 5 month she paid the equivalent of 11 month of payments, which Chase placed as payment for the insurance that she never needed.

            Finally she called me in January to tell me something was wrong with Chase as she was getting letters and calls from them on a daily basis. I took me over 6 hours to figure out what was happening; including the check that was paid for 777.77 instead of 117.17 (she always included an extra $10 to lower the principal).

            When I called Chase the call was transferred automatically to their “foreclosure department” without any other option. These people deal as a typical harassing collection agency.

            To make this story shorter, after several calls and explanations they agreed to return the insurance money back to her escrow account, but since the account was in “foreclosure” they could not use the escrow money to credit to the “past due” amount. I was told to send a bank check for $909 in order to release the account from foreclosure, so that they could run another escrow analysis and that only then they could send a check back with the overpayment. Can you believe this?

            Well, I send the $909 by express mail on Feb. 4 with a letter to run the analysis again. Not a word from them since and today I called again and the account was released from foreclosure. My guess is that is going to take a lot more time to receive the overpayment and in the mean time they are playing with her money.

            In this process I learned that once the loan it’s 3 month late (which in real life is 2, as you are paying on the first of this month the due payment from last month) you have no option but to pay the full amount that the foreclosure department has and the account is locked to any adjustments by customer service. Be aware of this with your mortgage as many people don’t know this.

            My alternative would have been to give the case to a lawyer, but in the end it would had been expensive than to send them more money.

            I search for Chase Home Finance LLC (the limited liability corporation that Chase created to separate mortgages from other bank assets) and found two class action suits against them for this same problem.

            They are playing hard with properties that have equity but take their time with the ones that they know are not worst even the loan amount. They are big time crooks with a license to steal.

              #4.3 - Wed Mar 2, 2011 11:41 PM EST
              Reply
              Gnosis13

              Can you say "hostage"?

                Reply#5 - Mon Feb 28, 2011 2:12 PM EST
                jdl-28

                So just because they say it will cost us we should go after them is they have did something wrong?

                Come on they are running scare and trying to turn it around that we do, so what if some of them go to jail or close down we can start over and in the long run might be better off.

                  Reply#6 - Tue Mar 1, 2011 3:32 PM EST
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