Foreclosed Homeowners may have their Cases Reviewed (by the Same Banks that Improperly Foreclosed on them).

Our Federal Government has once again assigned the Fox to Guard the Henhouse.

Approximately 4,000,000 foreclosure cases completed in 2009-2010 are under review and the injured borrowers are getting an opportunity to have their cases reviewed for reimbursement payments. Unfortunately, whether a borrower will be reimbursed is up to the same lender accused of moving too quickly to seize their home. Starting November 1st, mortgage lenders and servicers are sending notifications to potentially eligible borrowers asking if they want their case reviewed. Lenders will be required to compensate homeowners when a borrower suffered financial injury and there is no minimum or maximum dollar amount identified. This sounds like a serious case of the “fox guarding the hen house.”

The nation’s 14 largest mortgage servicers — including Citibank, Bank of America, JPMorgan Chase and Wells Fargo — were ordered to offer to review cases after the government found that some rushed the foreclosure process without carefully reviewing documents.

Homeowners may seek review if they believe they were improperly foreclosed on, were not credited for mortgage payments, were assessed improper fees or were otherwise wronged as a result of the foreclosure process. Homeowners facing imminent foreclosure will receive highest priority for review. Homeowners may be eligible for a review as long as they were subject to any foreclosure action during 2009 or 2010.

Critics say the orders were too lenient on the banks and that it was inappropriate for the lenders to review their own potential mistakes. There is a natural disincentive for lenders to reach the households their practices have harmed. However, independent consultants will also review cases to see if the lender is trying to dodge blame.
Examples of situations where a borrower might be able to obtain relief include:

1. The borrower was in the process of obtaining a loan modification when the foreclosure action occurred.
2. The mortgage balance claimed by the lender or servicer at the time of the foreclosure action was more than the borrower actually owed.
3. The borrower was not given proper credit for mortgage payments, or fees were inappropriately calculated or applied.
4. The borrower was under bankruptcy protection when the foreclosure action occurred.
5. The borrower was on active military service or has exited active service less than 9 months earlier when the foreclosure action was taken.
6. Other situations may qualify as well.

If you have questions about your foreclosure case, please feel free to call my office at 954-484-9987, send an e-mail to info@fleysherlaw.com, or complete the contact form below.