OCC Issuing Alert to Consumers About Independent Foreclosure Reviews

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The OCC is rolling out its first public service announcements to alert consumers about the Independent Foreclosure Review announced by it, the Fed, and the OTS in early November.  The campaign follows the distribution of over 4 million letters to potentially eligible borrowers which include forms for submitting requests and instructions on how to use them.

The public service materials include a feature story and two 30-second radio spots in English and Spanish.  These will be distributed to 7,000 small newspapers and 6,500 radio stations throughout the U.S. The announcements inform consumers of the specifics of the program which lets borrowers who faced foreclosure during 2009 or 2010 request reviews of their cases if they believe errors in the procedures used by servicers pursuing foreclosure actions caused them to suffer financial loss. 

The parameters for determining eligibility are explained and borrowers are directed to a starting point for their requests.  Over 20 of the largest servicing companies are mandated to offer and process the reviews:  America’s Servicing Company, Aurora Loan Services, Bank of America, Beneficial, Chase, Citibank, CitiFinancial, Citi Mortgage, Country-Wide, EMC, EverBank/Everhome, Freedom Financial, GMAC Mortgage, HFC, HSBC, IndyMac Mortgage Ser vices, MetLife Bank, National City, PNC, Sovereign Bank, Sun-Trust Mortgage, U.S. Bank, Wachovia, Washington Mutual, and Wells Fargo.

33 Responses

  1. Bob M… a couple of questions plz.
    1) How did you get a copy of your Milestones report from MERS and the MIN Summary Report? I thought that with MERS being a “members only” club and thus private, I wouldn’t be able to ask for mine.
    2) I have a STAMPED signature of David spector on my note and would LOVE to have a copy of your real Spector signature along with a copy of the Illinois family that is different. Would you be willing to share them?
    If so, you can find my email addy here: http://forthepeople2011.blogspot.com/
    Thank you in advance for your kind help!
    Another fraudclosure victim in Maine
    Debby

  2. Bob M.

    I have some info on Laurie Meder that I would like to share, and I’d like to get ahold of what you may have on her.

    Joe Testa @ testatime@aol.com

  3. Hedge Funds May Sue Greece if It Tries to Force Losses

    LONDON — Hedge funds have been known to use hardball tactics to make money. Now they have come up with a new one: suing Greece in a human rights court to make good on its bond payments.

    http://www.nytimes.com/2012/01/19/business/global/hedge-funds-may-sue-greece-if-it-tries-to-force-loss.html?_r=1&nl=afternoonupdate&emc=aua2

    The syndicate offshore hedge funds want to use the WORLD
    HUMAN RIGHTS COURT to sue a country that they bankrupted–sounds like Florida. I wonder if the criminal side could raise a counterclaim??

  4. I am just going to share my feelings for once on this foreclosure review.
    This is the first thing that ran through my mind when I received my letter, we have been all told time & time again that these Banks have lost paper work, so this is about them getting their legal documents from you, let’s shake this wood pile and see what falls out. How crazy does this sound. Just be careful if you are filling this form out.

  5. File for review without regard to anything else if you believe you meet the standards–treat it seriously. There are appeals. Finally the question will reach a court as to whether the system is fairly implemented. All along the way there may arise opportunities for mods–good for Greeks and Hungarians.

    Point is its better for everybody if you stay in your home and carry some resonable cost of it. The growing problem is that millions of underwater homes are being left to fall into disrepair while repairmen and construction workers sit idle unemployed. The impending loss of an overpriced and declining home chills investment by the hapless homeowner. Rather than buying 3 bundles of shingles and asking his buddies over with a ladder to fix a spot blown off in a windstorm, the roof leaks and drywall sags and wood molds—

    The real driver here is less that you remain in the home but that the home be preserved for someone else while you downscale—if you cant swing the actual reduced fmv.

    There are increasing numbers of empty nesters—boomers that bought bigger homes to raise active families—now all fallen silent but for Thanksgiving and XMAS if you are lucky. These boomers wander lonely in the once filled rooms –tired of maintaing and cleaning the family home. But they are trapped. If not underwater then lost equity–nothing to do to replace the home–to downsize. Except early witdrawals from pension funds–winner is ovt with high tax rate on “earned” pension income.

    There are shifts ans swaps and conversions to be made that do not require your home to be destroyed by vacancy while you are thrust into an overpriced walkup apt.

  6. can my heart be any more broken? and will the pain never end as chase/wamu keeps resurfacing in my life after the rape and pillage they so callously got away with? so this independent review is just another false hope from the inept, greedy, and immoral less than human occupants of chase. to file a request for review only to be jeered at and told: yuk, yuk…thanks for playing, loser. i shake my head in shame on them…

  7. @m doud
    people been saying that for as long as banks and govts—my grandfather had a small engineering firm—–used to pay employees in gold coin–nobody trusted banks govt or currency—they were all really very unhappy when the govt took away the gold–made it illegal to possess

    my father used to say they did that and started social security so that people would have to support the federal govt—at the time there was a split opinion as to whether to keep it–huey long et al—-

    so now 80 yrs later they are dimininshing the value of the dollar by printing and borrowing more than greece did—-and discussing whether to convert social security into a pure disability system—you work till you are disabled because ts bad govt policy to “pay people [up to 78 yrs] not to work”

    my father would have said that pretty well tears it—but he worked till the day he died at 58——he was a good american—didnt overstay his usefulness

    he thought the vietnam “conflict” was a good idea too —-until it went on longer than ww2——and had to start waiting in gas lines—then said —–why are we in this war ???

    when the old and young and a significant chunk in between feel alienated–things start to shake

  8. DCB, just got in, give me a contact, we will compare notes.

  9. @ Bob M;

    I have an interest in BNY’s activities as well—–only been plying the waters since mid 2009 –not as long but similar methodology.
    It is important to me—-to establish pattern behavior. Would you be interested in comparing notes off-line; Please advise and Ill post my email address for you.

    In fact anybody with experience with BNY trustee activity–pls let me know. The issue is to what extent does BNY actually represent the interests of the investors –im not representing investors nor homeowners other than myself. Im not offering services –just building a case –to which I want to add allegations of “patterns” if that is what I find.

    BOB; I have simialr volumes of info–perhaps less in some areas–perhaps more— all web-based as yours plus some interviews. I am about to launch into very targeted discovery aimed at proving up patterns of fraud. I can use every scrap of info every “lead” I can get.

    I would be interested in creating a joint defense agreement–to protect the mutual data from discovery by the opposites whoever they turn out to be.

  10. This is the only website I have seen that actually helps and educates people who are or have been dealing with foreclosure and banks and loan mods. We have been fighting since the begining of 2009. Applying for a loan mod, sale dates, numerous BK13 filings, and lawyers. Our house was sold on May 26 2011 while in a Bk13 we were planning to file a lawsuit in the BK court because our attorney failed to file the paper work on time we had to file again and because it was the 3rd time for my husband I had already filed 3 times the trustee (trustee corps in orange county ca.) chose to use the 3rd filing rule sec. 362 of the bankruptcy code to sell our house. We had a freddie mac backup loan mod and made 2 payments it was denied because in a letter they say it was not notaized but it was. We have filed a lawsuit in ca but our attorney who is excellent has been frustrated because the banks are running the show. There is a new precedent which states a Loan Mod is not valid unless signed by the lender even though on the loan mod docs there is not a place for a lender to sign ( ours was Indymac One west) which will make it very hard for people to fight the banks in court with a case like ours. The Judges that I am aware of despite the evidence or how strong the case is against the bank tend to favor the bank…Why? Not hard to figure out. We will file the review and see what happens. We have been strong and fighting for justice and have had hope. We don’t know what will happen here but I hope these Judges who hear these cases will actually take time to learn about the cases and read the documents and not rule as usual…for the banks. I hope this gets to the supreme court. I believe it will….someday. We will keep seeking justice even though we are not in our home anymore since it was bought with ilegal robo signed docs by an investor who has not been able to sell the house yet. I do very much appreciate this website and all the informative and interesting comments.

  11. DCB
    There could be treasure trove of information once the review is completed and if the reviewing entity refuses to hand over the information then you could file under Freedom of Information Act and acquire it that way. Then if they don’t hand it over under FOIA you have another claim against the charade for violation of the Act.
    If the right claims are made, and a proper review is performed, in order to perform that investigation they would have to review the documents we seek in discovery. It has potential. It could be a useful way to get discoverable evidence.
    At the outside, if you have the energy, this could stall any foreclosure until the process has come full circle and all remedies have been exhausted.

  12. If I file, here is what I am going to do. I will raise every claim I have under TILA, RESPA, FDCPA and Equal Credit Opportunity Act as it relates to HAMP among others. In other words, the shotgun method. They are all valid claims. I would not put forth anything frivolous. I will also include my complaint and all the exhibits.
    As I have stated here many times in the past, I have an agreement with the bank in writing, that while my case is in litigation, that includes certiorari to the Supreme Court of the United States. No action can be taken against my estate. A tradeoff for withdrawing my motion for a preliminary injunction in May of 2010.
    So all here knows, I have been at this since 2008, we are now in 2012 and the battle rages on. I love this blog and the people who partake in the wealth of knowledge that is available.
    You do not here from me often, but I am here every day; not one day has gone by since March of 2009 that I have not checked in. Sometimes I sit here for hours reviewing all the post.
    I will be eternally grateful to Neil and everyone who has participated in educating the masses including me.
    For me this is not just about saving my home from the clutches of the criminals, my goal is to destroy them, as they did to all of us.
    I am always willing to share what I have. I have my Milestones report from MERS and the MIN Summary Report, I have my Allonge to the Note that is a forgery and just compared mine with a family in Illinois. They are signed by the same people, Laurie Meder and David Spector from Countrywide, the signatures are completely different and then when compared to the KEMP Allonge it’s a pure Joke. I also have David Spector’s true signature, which I got from the Secretary of state’s office in Maryland. I do not stop digging.
    I have all the distribution reports from the Trustee on my particular trust. I have all the Trust documents. I have commitment schedules, which rises to clear evidence that Bank of New York was lending the money for loans it would ultimately become the TRUSTEE.
    Everything I have I got without formal discovery.
    If not for Neil Garfield and others like him, we would all still be lost at sea. A tremendous effort was undertaken almost 4 years ago and it has not been in vein. Just think of the sacrifice Neil has made and the amount of time he has invested; it is mind boggling to me. I remember a judge a couple of years ago in a written Opinion referred to Neil and his little elves. That would be us. I sent a letter to that judge when he made the disparaging remark correcting the errors of his ways.
    Also if anyone out there has an Allonge with the above signatures I would like to know and compare them if possible.

    Stay Strong and never lose hope

  13. interesting thought arises–if you go thru the charade with them—and then decide that you are going to be denied reasonable damages and give up claims–ie like the hamp program—would not the reviewer be a great 3rd party witness for service of subpoena duces tecum in your state court action??

    ???? if the stuff you refer to comes up that could be discoverable—-and i suspect you are somewhat right as to what they will see–although i suspect as well that they will keep firewalls in place

  14. Bob M–lay waste to them, indeed! I’m right there with you–I will neither ask for quarter nor give it. And Nora C–hilarious!

  15. Why are the banks allowed to hire these firms to conduct the review? Isn’t that a conflict of interest or is it just business as usual. Also can you file a review when you are suing the bank? Are there set rules to be followed or will they make their own rules as they have done with the Loan Modification process and cause more confusion and a waste of time and money? I guess we will have to see. Frankly, because of what we have been through since 2009 I find it very naive to ever trust a bank or a government agency again.

  16. It should be a riot for Chase to review all the forelcosures they made a bundle off of, despite the fact they had no losses…I can see a room full of them laughing over specific foreclosures where they walked off with one of those free houses you keep hearing about. Can’t you hear the banter around the “review table”?
    “Ha ha ha, look at this one, where we got a $200,000 house for a fifty samolian credit bid! And we got $170,000 from the asswipes at the FDIC, another $80,000 from PMI…we made out like a bandit on this one, didn’t we? Then we sold the house for a total profit of $460,000 and all we did was say, ‘boo! Get Out!’ to the dumb borrowers!”

    Yeah, I think they’re going to have a blast revisiting their crimes.

  17. my point was that if you take the path you better treat very seriously–make a great record

    on the other hand –i agree with you it should not be exclusive but we all know that it will be the 1st defense raised–you had your occ given right and waived it——-question is what stuff did occ sweep up and give them under this guise—-

  18. I think you may get “a second bite at the apple” as it goes—-but who knows—i cant even get a copy of the application out of em—if they wont give one–then must do protective filing on old OCC forms–make sure all questions answered—all attachments–treat it like a court filing–organization –simple overview stuff in body and detail attached——eventually you will get to a real atty reviewer i would think—-they probably pitch a lowball and try to get waivers–are you sure you do not have a reopener already?

    beware waivers? many seizures cab be overtrurned an the current occupant tossed out as a mere squatter–thats what they are trying to cutoff—-and put a ceiling on damages—etcetc–but im guessing entirely–this is not fair to deny even attys thechance to investigate the means of filing—-already building defects into process that will be challenged by some group

  19. God bless you, Bob M.

  20. Although I think it’s a sham, I filed the paperwork for a Chase review about 3 weeks ago. Got an acknowledgement but that’s all so far. I was seriously screwed over by Chase. Full tilt foreclosure, and it didn’t take 6 months. I guess I was a pain in their ass.

    About the PR surrounding this; if they’re relying on PSA’s as the heart of “getting the word out”, especially since time is of the essence with the filing window, that in itself tells me this is a sham. Those broadcasters and newspapers have no mandate to run their ads. They should be buying a 300 showing of outdoor in all the major metros, plus at least 500 rating points for at least a month in broadcast airtime, and daily online ads. And the campaign should have launched on 11/1/11.
    Obama had the chance to hold the Banksters nuts to the fire and force them to solve this problem. He didn’t and let them off the hook totally. As far as these politicos in DC are concerned, we’re gutter slime. The Banksters and their bonuses and bailouts are all that matter.
    I’ll post again here to keep you guys up to date on my “review”. Don’t expect much.

  21. I want to tell everyone that no matter what, all that we have done has made an impact and do not think for one second our efforts have been in vein.
    As an example, two months or so ago, an Investigator from the FHFA contacted me to seek permission to do a synopsis on my case and forward it with a cover letter from his office to the OCC. I said why and what difference would it make, I have already filed two complaints with the OCC.
    He said coming from his office it would make a big difference. I said go ahead and send away. I asked him if he felt I was right in my position and he said I was a hundred percent correct. I then asked him if he knew we were right, then why no action from the regulatory agency? He said they were waiting for the courts to act and I laughed and said therein lies the conundrum, because the courts are waiting for you people and while this ordeal continues, millions suffer. He then said that they were getting ready to bring an action and would not divulge the name, but low and behold, two weeks later, they filed suit against Allied, and a week after I spoke to him a letter came from the OCC letting me know they closed my two previous case numbers and combined those with the letter and complaint from the FHFA and gave me a new case number.
    Therefore, we are making a difference. No, surrender no retreat. Eventually we will win the day.
    Stay strong and keep fighting. I have the secretary of state’s office investigating the securities fraud. I have a complaint filed with the SEC and just today sent more relevant evidence to the lawyer handling the investigation. The attorney general in New York has all my stuff, as does the AG in Massachusetts. I have been contacted by the Nevada AG, The Illinois AG, the Ohio AG, I have an affidavit from John O’Brien, the Essex County Registrar of Deeds here in MA as it relates to the fraudulent assignment of my mortgage. I speak at foreclosure defense meetings, I have been invited as a keynote speaker at a fair housing conference, and I have gone to my statehouse to argue on behalf of new and amended statutes to protect the homeowner. And I’m just a mere crash dummy.
    I do not quit. I shall lay the enemy to waste and leave them where I find them, dead on the battlefield, we are taking no prisoners.

  22. @Togetherwe’llwin: I know! As E.Toile would say, it’s as good as giving the inpatients the run of the psychiatric ward (losely quoted…).

    We’re dealing with half-assed measures that try to accommodate everyone (to some extent) while accomplishing nothing. The French have a very cute phrase for that: Trying to “appease the goat and the cauliflower”.

    Some politician mentioned “appeasement” when refering to Obama’s policies. I didn’t get it then but I think I get it now. OCC review is an appeasement joke.

    I won’t go for it. Actually, i was a tad concerned when OCC contacted me a couple of years ago, right at the onset of my lawsuit. I was worried that my not taking “advantage” of that solution might turn against me. I am no longer worried: the more we dig into it and the more it smells like “appeasement”…

  23. Opinion
    Bottom line. If no review. The foreclosure is still fraud. The title is still clouded. So how is it that someone has to contact them to say, review my foreclosure. That…to me…and this is my opinion…is like going to an attorney and saying …bankrupt me.

    Case and point. If they never review the foreclosure, do you really thing a title search will say that title is clean and clear?

    If the one who has been robbed does not play their game, or is out of the country from November 2011 through April 2012 or they are in a hospital or hospice and don’t see or hear these advertisements or spots, do you really think they lost their rights to the property that was stolen.

    Better yet, they have been living under a rock, a bridge, or in a car with no cable and no electricity; do you REALLY think they lose the right to their property that was stolen unless they follow this process…like people followed HAMP, or mods, or whatever else they throw at you.

    The last clear owner of the home was the homeowner who was robbed. The first shall be last and the last shall be first was written in that bible for a reason.

    Trespass Unwanted, corporeal life, free, in jure proprio, jure divino

  24. DCB, you are right about exhausting your administrative remedies and I have been toying with the thought. I have not ruled out whether or not I will file, in other words if it is worth the effort.
    However, as in cases like mine, where a previous bankruptcy jammed me on some of my claims because they were rooted in my bankruptcy past, it might be a way to get those claims back in because if you read the guidelines, this process has nothing to do with existing litigation and will not affect the outcome of our cases whatever the findings might be.
    Accordingly, it deserves some consideration and what if it is for real, if we don’t file, we could be screwing ourselves.
    Does the old adage apply here, nothing ventured, nothing gained??

  25. Here is the issue folks—if the agencies give you an administrative process to follow, then you generally must follow it in order to appeal up the line–there are two levels of OCC review after the preliminary contractor review–with the onbudsman at top and then you could appeal the final agency decision to a federal court–District Court or DC CT Appls–not sure the specifics here yet.

    BUT YOU MUST FILE EVERYTHING at the bottom even if they just say ” ill give you $500 for your signoff”——maybe that review is a flop and must be appealed and appealed but it will usually be on the record at the lowest level–good news is that a lot more “evidence” can come in at the agency level–including hearsay–and this record goes up to the court which has a bit more latitude because the opposition has not been able to screen all of your “evidence” by obscure technical rules.

    look up “exhaustion of remedies”

  26. Jerry, that’s funny. I just said that in a letter to Moynihan. You think we are stupid, maybe we were, but we are not anymore. Education is power.

    My education began right here.

  27. they cannot cause it is a conflict of Interest even a very dumb judge and even us people that are dumber than dirt can tell you this is illegal as well.

  28. ANYBODY WANT TO BE A MOLE AND DO THIS WEBINAR—GET THE INSIDE SCOOP & REPORT BACK

    http://www.scribd.com/doc/77393372/REGULATORY-MORTGAGE-WEBINAR-FEB-8-2012

  29. The first day this became available I call to establish the process. I asked if the independent auditors that would pick the loans. They told me the loans for review were given to them by the banks.
    I told them, that’s like the FBI calling before it does a raid and asking the criminal to have the incriminating evidence ready for them when they get there. I called the ombudsman at the OCC to discuss this already corrupt process that day, ZIP.
    I wasn’t even on the review list, subsequently I received the requisite form and it still sitting on my desk.
    In order for a proper review, they would have to review my entire case file and all the violation, which stem back to 2004. This would be an adequate review. Who is going to do that when there are going to be millions of loans slated for review?
    This is pure Bullsh*t.
    It would take me days to put together a package only to have it fall on deaf, incompetent ears. Who there, has the expertise to review all the data? Will it be the 10-dollar an hour robo-signer reviewing and signing off on these reviews?
    In order for there to be a proper and thorough review, they would have to go through the whole process as we did. If they did that, then they would come to the same conclusion as we have. There are no valid mortgages. The Farce, what could they possibly be reviewing that hasn’t already been reviewed by the best and brightest on our side. Stop The Nonsense.

  30. ” Over 20 of the largest servicing companies are mandated to offer and process the reviews: America’s Servicing Company, Aurora Loan Services, Bank of America, Beneficial, Chase, Citibank, CitiFinancial, Citi Mortgage, Country-Wide, EMC, EverBank/Everhome, Freedom Financial, GMAC Mortgage, HFC, HSBC, IndyMac Mortgage Ser vices, MetLife Bank, National City, PNC, Sovereign Bank, Sun-Trust Mortgage, U.S. Bank, Wachovia, Washington Mutual, and Wells Fargo.”

    There are a lot of fans of the one of the largest independent [ie not a bank] subprime servicer/collection agency, AHMSI, who are feeling really left out by these decrees. More so if there were any real liklihood of any actual forced modifications by the reviewers. That is any that are already are not mandated by private consents favoring minorities represented by their own collective bargaining groups–NAACP etc.

    Even AHMSI might have to come to terms with these results-driven organizations. We all should wish we had somebody like NAACP represnting our interests too. What is wrong with the mainstream consumer protection groups–hey—why not fire the wimps or and hire the folks that delivered for NAACP? Im tired of hearing about suits, investigations, speaches and programs —i want to see results like NAACP’s.

  31. Yes the same people that foreclosed on you are now offering to do an independant foreclosure review.Really?Seriously?What makes anybody want to do this ?Do they really think were stupid enough to trust them after everything they’ve put us through?

  32. LOL – So, the Servicers are going to review their own fraud?

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