OCC to Review 4.5 Million Foreclosures

Have you been selected by the OCC to review your foreclosure? Our law firm can assist you with your case. Give us a call for a free consultation 631-244-1433.

The Office of the Comptroller of the Currency (OCC) is calling for independent reviews of almost 4.5 million loans.

After reviewing 200 loans from each of 14 major servicers, regulators determined enforcement actions were necessary, but said the review was “not nearly enough to answer all questions,” according to John Walsh, acting Comptroller of the Currency.

The independent review of 4.5 million loans that faced foreclosure actions between January 2009 and December 2010 will identify borrowers who “suffered financial injury as a result of errors, misrepresentations, or other deficiencies in the foreclosure process,” Walsh said.

On Monday, Walsh also announced the implementation of a new transparent, easily accessible complaint process for borrowers who feel they faced financial harm due to improper foreclosure action. This new process will be enacted in the next several weeks.

Borrowers will be contacted through direct mailings, and they will have the opportunity to request an independent review online or by phone through one common Web site or one phone number.

The independent consultants conducting the reviews will use one uniform complaint form for all of the 14 servicers in order to simplify the process for borrowers.

In cases where financial harm is determined, servicers will be required to make “appropriate restitution.”

“Remediation plans are subject to OCC and Federal Reserve approval,” Walsh said.

Walsh also stated, “The nature and severity of any financial injury will be case specific, so remedies could vary substantially.”

In addition to addressing improper actions in the past, Walsh addressed the future of industry regulation.

“Federally chartered servicers handle two-thirds of the nation’s mortgage loans, and as you know, we are in the midst of implementing a set of enforcement actions that are among the most complex and most significant of any that the OCC has ever initiated,” he stated.

New regulations designed to bring accountability to the industry have been signed by each member of the board of directors at each of the 14 banks.

The new orders call for further oversight of third-party vendors as well as a single point of contact for borrowers and an end of dual tracking.

“I continue to believe that we will be able to harmonize the mortgage servicing requirements in our orders with those of other regulators if and when they are reached. In fact, I think it is absolutely essential that we do so,” Walsh said.

Foreclosure Defense Information

A foreclosure defense allows homeowners to assert their rights and oppose a foreclosure proceeding by engaging in litigation defense strategies. One method of addressing a foreclosure proceeding is to defend the foreclosure litigation. Our law firm can assist a client right from the start by answering the initial summons and complaint. Considering that 20-30 days from the date of service an answer and/or motion to dismiss is due, it is imperative to file a timely response. Such answer is one out of several documents that are usually filed as part of a foreclosure defense. Other documents include a motion to dismiss, if applicable, and a response to a motion for summary judgment. If the client retains our firm in the early stages of the foreclosure, the Plaintiff's Summons and Complaint can be answered and other documents responded to, resulting in a contested proceeding that will protect the client's rights, allow the client to receive all notices and documents, and enlarge the time necessary for the mortgage holder to proceed with its foreclosure case.

Even if a client is past the 20-30 days available to answer after receipt of service of the Summons and Complaint, our law firm can move to enlarge such time under appropriate circumstances. As the foreclosure litigation progresses the Plaintiff's other papers, including the Motion for Summary Judgment, can be opposed. Moreover, even when the foreclosure proceeding is nearing an end, there are still available options such as preparing an Order to Show Cause in an attempt to stay the foreclosure sale and/or the transfer of the deed. If a client is considering defending the foreclosure litigation, a client needs representation from a law firm that is dedicated to this area of practice. Effective strategies are contesting service of process where our client was not properly served with the summons and complaint and asking for discovery in terms of disclosure documents from the closing where there are questions as to proper disclosure. Also in many cases demanding that the Plaintiff produce original loan documents which they may lack and which some courts have viewed as necessary to pursue the action.

If a client desires to defend the foreclosure action and they have been in foreclosure for over one year and/or have a foreclosure sale date, they may need to proceed by emergency Order to Show Cause in order to assert their rights and have a possibility to stay the foreclosure action and/or foreclosure sale.

A client needs to exercise your right to assert any defenses regarding either the foreclosure proceeding or any other issues that involve the mortgage. Defending the foreclosure action allows the client the opportunity to assert any defenses, either technical or substantive, involving the foreclosure proceeding, the mortgage holder's conduct and/or any issues that involve the mortgage itself. Legal defenses can delay the foreclosure proceeding and allow more time to explore alternative solutions, and potentially threaten the dismissal of the foreclosure action. Many times, our firm can identify possible issues that would create a strong defense and threaten the dismissal of the foreclosure action. The best chance a client has for success is to retain the services of our law firm immediately upon initiation of a foreclosure proceeding. Even if the client thinks it is too late, it may not be. Our firm may, if needed, make a motion to extend the time to file an answer in certain situations where the time has expired.

Order to Show Cause

Orders to Show Cause are emergency motions and can be pursued in both state court (the Supreme Court of New York ) and federal court (the United States Bankruptcy Court). In state court the Order to Show Cause usually attempts to stop a foreclosure sale on an emergency basis by arguing that based on technical and/or substantive grounds the homeowner should be given more time and opportunity to pursue a definite and tangible option that has a good chance of resolving the foreclosure situation. Such options are sales and refinancing that are almost completed and usually technical reasons also need to be present to show that there were improprieties in the foreclosure action with such items such as process of service. In bankruptcy court an order to show cause usually attempts to give a debtor an additional opportunity to stop a sale by reinstating a formerly dismissed case or by asking based on "changed circumstances" for permission to file an additional bankruptcy case where the debtor due to previous, excess bankruptcy filings cannot obtain an automatic stay upon a new bankruptcy filing.
 

FREE FORECLOSURE DEFENSE EVALUATION

Other Foreclosure Links: Stop Foreclosure