Tag Archives: GMAC

Regulators and attorneys general say their investigations of servicing practices have uncovered critical deficiencies and shortcomings that have resulted in violations of foreclosure laws. They've made it clear that mortgage servicers will be required to make operational changes and will be hit with sanctions and penalties. It's been reported that the 14 servicers subject to the investigations will, as a group, face a hefty $20 billion in fines, but there is dissension even among the government agencies involved over the amount. Negotiations are ongoing.

A federal judge has dismissed two charges in a class action lawsuit brought against GMAC Mortgage on behalf of Maine homeowners filed after GMAC's concession that some foreclosure legal documents had been used without following proper procedures. District Judge D. Brock Hornby granted GMAC's motion to dismiss the homeowners' allegations of abuse of process and fraud. One count is still pending in the case, in which the plaintiffs are accusing GMAC of violating the Maine Unfair Trade Practices Act, but an attorney for the homeowners said he expects that to be thrown out also.

When evidence surfaced last fall of flawed foreclosure documentation and robo-signers within some of the nation's largest servicing shops, federal regulators launched an investigation into the foreclosure and servicing practices of 14 companies. Officials say they've uncovered ""critical deficiencies and shortcomings"" and will be enforcing sanctions and penalties against servicers and developing a set of national mortgage servicing standards for the industry.

Moody's Investors Service studied two million loans backing residential mortgage-backed securities (RMBS) pools and found that a loan that is modified and then reported as current is three times as likely to default over the ensuing twelve months as a current loan that has not been modified. The agency's also put the practices of eight major servicers under the microscope. It found that six-month re-default rates vary considerably, from 20 percent for Citi and Litton to 33 percent for Bank of America.

Ally Financial, the parent company of GMAC Mortgage, said Tuesday that it brought in net income of $1.1 billion for the full-year 2010, a sharp turnaround from the $10.3 billion net loss recorded for 2009. During the fourth-quarter period of last year, the company posted a profit of $79 million, compared to a net loss of $5 billion for the fourth quarter of 2009. The company's financial sheet turned from red to black largely due to gains in its mortgage operations.

A recent report by Institutional Risk Analytics (IRA) says Bank of America and Wells Fargo are two of the most sued financial service firms in the United States. IRA says that mortgage exposure is what is causing these two banks and others in similar situations to be embroiled in so many federal legal cases. In addition, the firm points to the added burden many of these companies are also facing in litigation that will not reach federal court, such as cases involving foreclosure practices.

The HOPE NOW industry alliance completed its fourth year in existence in 2010. The organization's latest market report estimates 1.65 million homeowners received permanent loan modifications from January to November 2010. The organization says it plans to be even more aggressive in its outreach efforts to distressed homeowners this year. Going forward, each of its members will participate in one major outreach event per month, in regions that have been most heavily affected by the mortgage and foreclosure crises.

There has been no shortage of reports of state attorneys general seeking accountability from servicers that they allege mishandled foreclosures. Now it's being reported that attorneys general in all 50 states are near to reaching settlements with the nation's top five mortgage servicers, including Bank of America and GMAC Mortgage. The states are looking to develop separate agreements, rather than one encompassing settlement; and they plan to pursue a civil investigation rather than a criminal one.

Ally Financial announced that its mortgage unit, Residential Capital (ResCap), and some of its subsidiaries have reached an agreement with Fannie Mae to resolve potential repurchase exposure for breaches in selling representations and warranties. The $462 million settlement releases ResCap and its subsidiaries from liability related to about $292 billion in principal unpaid balances. It covers loans serviced by GMAC Mortgage and any mortgage-backed security that Fannie Mae purchased prior to the settlement.

A judge last week declined to issue a temporary restraining order against GMAC Mortgage's foreclosure and eviction procedures in Maine. This decision frees the mortgage servicer to proceed with foreclosure sales and evictions it had temporarily halted as part of an agreement with Maine Attorney General Janet Mills in November.