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Big banks are finding a way to benefit from Robo Signing Scandal

    Home Business Law Big banks are finding a way to benefit from Robo Signing Scandal
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    Big banks are finding a way to benefit from Robo Signing Scandal

    By joncoats | Business Law, Florida Law, Foreclosure Law, Loan Modification, Mortgages, Real Estate Law, Short Sale, Uncategorized | Comments are Closed | 18 March, 2013 | 0

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    Big banks are finding a way to benefit from what was supposed to be their punishment in the robo-signing scandal.

    In Florida, they have spent 75 percent of $7.7 billion in settlement outlays approving short sales and forgiving home-equity loans, earning credit for debts they were unlikely to collect or sales that would have happened anyway, a monitor’s report released Thursday shows.

    Only about 15 percent of the money has gone toward principal reductions or refinancings that would keep Floridians in their homes, the report states.

    “This is providing very little actual relief to consumers,” St. Petersburg foreclosure attorney Matt Weidner said. “It’s not keeping people in Florida in their homes. It’s writing off phantom debt (banks) weren’t collecting anyway.”

    Bank of America spokesman Rick Simon said the spending provided “meaningful relief to borrowers by eliminating debt.” More than 100,000 Floridians have been offered an average of $75,000 in debt forgiveness or other aid, and thousands of potential loan modifications are still being processed, according to the report based on bank data.

    But consumer advocates and attorneys have criticized the relief as sidestepping the settlement’s goals. Since April, the report said, Floridians have filed nearly 600 complaints over modifications, customer service and other issues.

    Banks’ relief of choice so far has been short sales, in which banks allow underwater homeowners to sell their home for less than they owe. Much like foreclosures, short sales torpedo credit and require people to leave their homes.

    Banks approved $3.2 billion in short sales for more than 29,000 Floridians under the settlement, the report shows. But because banks are increasingly approving short sales as less-costly alternatives to foreclosure, many of those sales might have happened either way.

    More than 36,000 Floridians, the largest share of people who received settlement letters, were offered forgiveness of home-equity loans. Many homeowners took out those loans, called second mortgages, to pay for big costs like home repairs during the housing bubble.

    But banks had already assumed many of these loans would have to be written off. When a bank seizes a foreclosed home, the holder of the first mortgage typically earns any auction proceeds, while the second mortgage holder gets nothing. And homeowners forgiven their second-mortgage debt remain at risk of foreclosure due to late first mortgages.

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