Fannie and Freddie Near a Deal with Title Industry

As I noted in my last post on the move, led by Fidelity National, to require banks to warrant against “incompetent or erroneous affidavit testimony or documentation,” the move was largely about getting Fannie and Freddie on board and with them making this a standard practice in the industry.

So I’m not surprised by the report that that’s precisely what is happening. But I do find the description of Fannie and Freddie’s role in this process to be noteworthy.

The behind-the-scenes work illustrates how, as banks prepare to resume home repossessions, few entities have a greater interest in helping to put the foreclosure train back on track than Fannie and Freddie, which together own or guarantee half of all U.S. mortgages.

“They’re in a position to pursue good, straight, and solid answers. In that way, they play a quasi-regulatory role,” said Kurt Pfotenhauer, chief executive of the American Land Title Association, a trade group.

[snip]

Still, the foreclosure-document crisis is raising an age-old question that has dogged the mortgage firms: Should they play the role of regulator, or business partner, with the mortgage originators and servicers that are their customers?

On one hand, Fannie and Freddie need to make sure foreclosures are proceeding properly. But on the other hand, they want to move the process along as fast as possible because each day that they can’t repossess homes, they lose more money and ring up a bigger bill for taxpayers.

“Given their public purpose and the special advantages they have in the marketplace, Fannie and Freddie should be a model to the whole industry of how to make sure the foreclosure process is working properly,” said Julia Gordon, a senior policy counsel at the Center for Responsible Lending.

But the firms’ regulator, and the companies themselves, say that the onus is on servicers to fix any problems and vouch for the quality of their foreclosure processes.

Fannie Mae “is not in a position to be the determining body as to whether servicers are putting processes in place that comply with the law,” a company spokeswoman said.

This is basically the government–as the owner and guarantor of Fannie and Freddie–basically saying the banks should just fix their own practices. No wonder that line sounds so similar to what we’re hearing from the Obama Administration.

And couple this disinterested stance toward servicer problems with the news that the government has known, since sometime after May, that there was a,

significant difference in the performance of servicers, and in particular, information that shows us there is not compliance with FHA rules and regulations around loss mitigation.

Yet it has not done anything about the servicers that it knows (but will not name) which have not followed required practices to try to keep people in their homes.

Note too the reference in the linked article to Fannie’s institution of fines on servicers that didn’t churn through their foreclosures in timely fashion.

The past practice of Fannie and Freddie shows they have every intention of keeping foreclosures churning through the system and government regulators appear to have no intention of slowing that churn. Signing this title insurance agreement is part of that same process.

We, the taxpayers, have become the owners of a system that churns inexorably on to evict us from our homes.

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  1. phred says:

    Kinda suggests that the Federal government has a conflict of interest which makes Bill Black’s suggestion of putting BoA into receivership an unlikely outcome.

    Maybe someday I will be pleasantly surprised by Obama and his merry band of miscreants, but I won’t be holding my breath…

    • MadDog says:

      Sorry for stealing your miscreants term. I wasn’t even aware that I was doing it. *g*

      And to EW, wasn’t there a song called Churn, Churn, Churn? By the Byrds? *g*

      • phred says:

        Pilfer at will, my friend ; )

        I’ve actually noticed that sort of thing happens in the threads a lot (and I do it, too!). It always makes me think of the way cars speed up as you pass them (and again, I do that, too). It’s not conscious, it just happens that way. Humans seem to be adept at mimicking both consciously and unconsciously, eh? ; )

        • MadDog says:

          My vocabulary is one of my most prized possessions, and only came about from my love of reading (I own thousands and thousands of books, and yes, I’ve read them all).

          I too enjoy serving up an unusual word or two (words one doesn’t hear in verbal communications), and then watching it magically spread out through the blogosphere.

          I’ll sometimes even imagine credit where no credit is due. *g*

  2. MadDog says:

    Churn!

    What a perfect encapsulation of our modern era.

    The term has defined for years the essence of what Wall Street does.

    Small wonder then that the very same term has been applied by the very same miscreants to American homeowners.

    Like Three-card Monte, as long as they keep the cards moving, the rubes will never catch on.

  3. wavpeac says:

    This makes me so sad and scared for our country. It’s clear to me that the “take over” is complete at this point. We can watch, we can know what’s happening but we can’t do anything about it.

  4. 1der says:

    The past practice of Fannie and Freddie shows they have every intention of keeping foreclosures churning through the system and government regulators appear to have no intention of slowing that churn. Signing this title insurance agreement is part of that same process.

    The rubes can catch on. You can’t throw a rock in this town without hitting 3 lawyers and my advice to anyone I know who is putting a contract on a house is to hiring one of them and to make the purchase subject to the buyer getting an owner’s title insurance policy. Then see if the TBTF banks and their title company enablers (who are only guaranteeing to the lender and not the mortgagor) stand by the shit product they’re trying to unload on the rubes.

  5. rpt1 says:

    Remember that Kurt Pf is a major RE business lobbyist and and is married to Nancy Pf, McCain’s 2008 economic adviser. Kurt blocked a lot of regulation during the Bush years.

  6. runfastandwin says:

    “We, the taxpayers, have become the owners of a system that churns inexorably on to evict us from our homes.” People should be evicted only if they can’t or won’t make the payments, unless they were victims of fraud. Anyone who lied on their mortgage application about their income or assets, even if encouraged to do so by the lender, and subsequently can’t make the payments, gets no sympathy from me. Even if no one else knows, we all know it’s a lie when we tell one.

    • bobschacht says:

      People should be evicted only if they can’t or won’t make the payments,…

      They should only be held responsible for the payments they agreed to in the first place, not the fees tacked on and on and on by the lenders, with no recourse for the borrower.

      Bob in AZ

    • PeasantParty says:

      And when they have lost their jobs and have no income to match the fraud mortgage scheme, they should be able to negotiate a lower payment.

      It is not the homeowner’s fault that the banks did this, nor that they collapsed the market sending the home value down to less than half what they said it was worth at purchase!

    • captjjyossarian says:

      People should be evicted only if they can’t or won’t make the payments, unless they were victims of fraud.

      Fitch examined a sample loan file and discovered that over 80% of the documents contained indications of fraud on the part of the lender.

      And anyway, I think the entire nation qualifies as victims of fraud. Between homeowners, taxpayers, workers, the newly unemployed and pensioners… who hasn’t been ripped off?

      We just need to keep people in thier homes while we untangle this criminal enterprise which the banks have put together.

      • readerOfTeaLeaves says:

        There’s surely room to disagree on whether the Financial Crisis Inquiry Commission (FCIC, at http://www.fcic.gov) is more butt-covering, or not.

        But if you are interested enough to check their website, some of the exhibits and video testimony really are breathtaking in terms of the extent of the fraud. That’s probably only scratching the surface.

        The FCIC was allocated a mere $8 million ($8,000,000) for its work.
        We paid $700 billion ($700,000,000,000) for the front-door, publicized bailout of TARP; there are billions more that we don’t hear about.

        Not good signs for restoring a viable market system, when you offer a butt-covering tiny fig leaf to cover a landfill worth of fraud.

        • bobschacht says:

          Their report is due in mid-December. I wonder if Congress will be holding hearings on the mortgage crisis, and if FCIC members will be providing testimony.

          Bob in AZ

  7. runfastandwin says:

    On the other hand I suppose you could argue that anyone who bought Real Estate between about 2003 and 2006 was defrauded by the whole rotten house of sand. I have no idea how to make those people whole.

  8. bgrothus says:

    I refinanced my house in 2008 in order to pay off a loan on another property that had an ARM. I have been living in my house since 1988, so there should not be any trouble with the title insurance, except that I have no title insurance policy in the closing documents. I called them last week and told them I want a copy of it. We’ll see what they come up with. They charged me $1000 for it . . .

    • alanhawaii says:

      Don’t expect too much from them. I hope, for your sake, that you specifically ordered up a “borrower’s policy.” In typical purchases and refinances, you the borrower pay for a policy of title insurance in which your lender is the beneficiary, so that if you’ve got something wrong with your title, your lender is protected, but you are not protected. That’s a “lender’s policy.”

    • Stephen says:

      It’s the over abundance of all those “get out of jail free cards” that allows all this churning to continue.

  9. wayoutwest says:

    If you want to understand why the gov will not stop the, churn, you need to understand who profits from the foreclosure mill.

    Catherine Austin Fitts and her company Hamilton Securities Group found out when they got between HUD and Harvard Investments and interfered with their foreclosure franchise.

  10. Mauimom says:

    Still, the foreclosure-document crisis is raising an age-old question that has dogged the mortgage firms: Should they play the role of regulator, or business partner, with the mortgage originators and servicers that are their customers?

    Well that’s a knee-slapper!! Gee, which WILL they choose?

  11. captjjyossarian says:

    We, the taxpayers, have become the owners of a system that churns inexorably on to evict us from our homes.

    Yes, the parasite is killing the host.

    Reminds me of the drug war and privatized prisons. Taxpayers are basically paying private interests to lock up an ever growing number of taxpayers.

  12. knowbuddhau says:

    Accepting that our MOTU have set in motion a juggernaut that now threatens us all, let’s take a closer look at that “special purpose vehicle.”

    I see a warning label near a wheel well, obscured by the gore accumulated from grinding the flesh and bones of The Other (runs over foreign and domestic alike, how nice) to make obscene amounts of bread for TPTB. It says,

    “My name is Ozymandias, king of kings: Look on my works, ye Mighty, and despair!

    Huh. Wonder WTF that means? And hey, look. Here’s another label that says it was made in the shop of the Sorcerer’s Apprentice by a company called Weird Sister Systems. Weird is right.

    Funny. I don’t see how you turn the damn thing off. And yet it’s poised to crush me and my neighbors.

    Usually, one can just step aside from the path of juggernauts. I’m not so sure how to avoid this one, since we have to turn to the ones who set it loose to figure out how to stop it. And who trusts those assholes?

  13. Stephen says:

    I guess all these shenanigans confirm the theory that Social Security is doomed after the elections. I wonder if Liz Warren is up yet for a nationally televised appearance regarding foreclosures. Has anyone seen the grotesque photos up on HP taken by apparently, Gulf fisherman. Three days ago it was all roses according to the Coast Guard Admiral, now not so rosy.

  14. orionATL says:

    wayoutwest @17

    this sounds like very interesting info that might help explain the reason for tthe prez’s gutlessness (or fecklessness) with respect to foreclosures on individual homeowners.

    would you please elaborate and, preferably, provide cites the others of us can read?

    thanks for the insight.

    • wayoutwest says:

      You can start at dunwalke.com and a Google search of Fitts and Hamilton Securties will lead you to much more.