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Homeowners say loan mods led them to foreclosure

By JACOB ADELMAN, Associated Press Jacob Adelman, Associated Press – Sun Nov 7, 3:08 pm ET

LOS ANGELES – Grocery store owners William and Esperanza Casco were making enough money to stay current on their mortgage, but when JPMorgan Chase & Co. offered a plan that reduced their payments, they figured they could use the extra cash and signed up.

The Cascos say they never missed a subsequent payment, so they were horrified when the bank decided the smaller payments weren’t enough and foreclosed on their modest Long Beach home.

Their story is echoed across the country by people who claim — some in lawsuits — that banks didn’t live up to their end of the deal when they agreed to trial mortgage modifications.

The suits add to a feeling among many struggling homeowners that they’re getting little help from the part of the government’s $700 billion Wall Street rescue that aimed to help them directly.

Indeed, Treasury statistics show that only about one-third of the nearly 1.4 million homeowners accepted into the government’s payment reduction program over the past year have had their reductions made permanent.

“It is extremely unfair that someone like me and my wife who have owned our home for 17 years and never missed a payment could end up in foreclosure,” Casco, 47, said in Spanish through an interpreter.

Chase spokesman Gary Kishner was unable to comment on whether Cascos had been current on their payments but insisted the bank had treated the couple fairly.

“We worked with the borrower to give him as many opportunities as possible to qualify for a modification,” he said. “However, they were not able to do so and therefore we were forced to foreclose on the property.”

Several federal lawsuits filed in Boston accuse major lenders of breach of contract under the government’s Home Affordable Modification Program, in which banks agreed to participate as part of the bank bailout.

The lawsuits say the banks agreed under HAMP to grant permanent mortgage modifications to borrowers who make all payments during trial modifications.

Attorney Shennan Alexandra Kavanagh said several of the plaintiffs lost their homes after their payments reverted to their original sums that they were unable to pay. She said she believes tens of thousands of borrowers in Massachusetts alone could be covered by the suits if they get class-action status.

One of the lawsuits, against Bank of America Corp., was consolidated earlier this month with similar complaints in five other states, Kavanagh said.

Bank of America spokeswoman Shirley Norton said in an e-mail that the lender will continue aggressively defending itself against the cases.

More lawsuits have been filed against other lenders elsewhere.

In San Francisco, the Housing and Economic Rights Advocates legal services group sued Chase, accusing the New York bank of profiting from collecting payments during long trial modifications that ultimately end in foreclosure.

“They’re participating in the crisis they had helped to foment by refusing to honor loan modifications they had already agreed to,” said attorney James C. Sturdevant, whose firm is assisting in the lawsuit.

Chase’s Kishner said he could not comment on the pending litigation.

Joseph R. Mason, a professor at Louisiana State University’s business school who has written widely on the subprime lending debacle, said he suspects the loan modification disputes are a legacy of the federal government’s rush to stem the flow of foreclosures before it had adequate plans in place.

“These policymakers said, just go out and do this and don’t let us worry about the details,” he said. “These details are now what are coming to the fore in these modification cases.”

Laurie Maggiano, policy director at the Treasury Department’s Homeownership Preservation Office, said banks were encouraged to offer trial modifications based on interviews with borrowers about their incomes and expenses while they sorted out the paperwork to qualify for permanently reduced payments.

The banks were under no obligation to make trial modifications permanent until this June, when new regulations stopped loan servicers from offering the trials based on stated income, Maggiano said.

Now, incomes and other details are being fully vetted before trial periods, and borrowers are preapproved for a permanent modification as long as they make three trial period payments, she said.

She also said banks are only obliged to grant modifications if the investors who hold the mortgages also benefit from the modification, as mandated by the October 2008 legislation approving the bailout.

Those explanations provide little comfort to the Cascos.

“I think that banks are playing games with us,” William Casco said.

Casco said his monthly mortgage payments to Washington Mutual Inc. went up to $2,765 when he refinanced his home in 2006 to pay for a new a meat counter at his store in the industrial Los Angeles suburb of South Gate.

Chase was in the process of acquiring Washington Mutual in January 2009 when Casco said it sent a note telling him he qualified for a lower forbearance rate. The El Salvador native sent the tax returns and business documents the bank was requesting.

His payment was reduced to $1,250, where it remained for several months until Chase told him to apply for a trial loan modification.

Again, Casco said, he sent Chase the documentation they requested. His payment rose to $2,363 in June, then returned to the forbearance rate in October.

Casco said he continued paying what he was asked until August 2010, when Chase told his family that they were $50,000 behind on their payments and put them into foreclosure.

The home has since been sold and Casco is currently fighting eviction. That has him considering joining an existing lawsuit against the bank or seeking support to file a suit on his own.

“I’m determined to do whatever it takes in order to keep my house,” he said. “I feel that a great injustice has been done to my family.”

Bank of America partly lifts foreclosure freeze

By Joe Rauch and Dave Clarke Joe Rauch And Dave Clarke Mon Oct 18, 6:43 pm ET

CHARLOTTE, N.C./BOSTON (Reuters) – Bank of America said on Monday it was partially lifting its nationwide freeze on foreclosures, a sign that a crisis over major banks’ mortgage practices may be easing.

The move by Bank of America (BAC.N), the largest mortgage servicer, marked one of the first positive developments for a financial sector under pressure after two weeks of damaging accusations that shoddy paperwork forced some people illegally out of their homes.

The controversy, which has drawn public outrage and sparked government probes, has threatened bank earnings and the health of the fragile housing market, battered by falling prices and foreclosures of nearly 3 million homes since January 2007.

At issue are allegations that banks failed to review foreclosure documents properly or submitted false statements when they foreclosed on properties. Banks could face fines and lawsuits, and may be forced to repurchase faulty loans.

Bank of America, which imposed moratoriums along with some other banks earlier this month as the foreclosure crisis grew, said it would resume foreclosures in state courts in 23 states on October 25, after having reviewed its procedures and decided they were sound.

Bank of America is due to release its quarterly financial results on Tuesday, and faces a likely barrage of questions from Wall Street analysts about foreclosures.

“This is a sign they’re feeling relatively confident,” said Jefferson Harralson, a Keefe, Bruyette & Woods Inc bank analyst.

Foreclosure sales will resume in states where a judge’s approval is required, when the bank begins refilling amended affidavits on 102,000 foreclosures, Bank of America said.

In the other 27 states, where a judge’s approval is not needed, the bank will continuing its reviews for an undetermined period, but expects fewer than 30,000 foreclosures sales will be delayed as part of this temporary halt.

“As was the case for our judicial state review, our initial assessment findings show the basis for our foreclosure decisions is accurate,” said BofA spokesman Dan Frahm.

There was no immediate word whether other banks that imposed foreclosure moratoriums planned to follow Bank of America’s lead.

The White House, despite congressional election-year pressures, has refrained from joining calls for a nationwide moratorium on foreclosures.

John Walsh, acting director of the Office of the Comptroller of the Currency, said earlier on Monday that interagency teams had been dispatched to U.S. banks to check on whether any homeowners had been harmed by foreclosure procedures.

He spoke as investor concerns appeared to ease over the potential exposure of the financial sector to foreclosure problems that rattled the markets last week.

Banks are accused of using “robo-signers” — to sign hundreds of foreclosure documents a day without reviewing the documents properly, reigniting public anger with an industry blamed for helping cause the 2007-2009 financial crisis and resented for getting billions of dollars in taxpayer aid.

CITIGROUP CHEERS INVESTORS

U.S. stocks rose on Monday, led by gains in financial shares, as Citigroup (C.N) reported stronger-than-expected profits.

Citigroup, which has declined to place a temporary moratorium on foreclosures, said it is “fairly confident” in its procedures. It saw its results boosted by slowing credit losses and reduced reserves for bad loans.

“The financials last week were getting hammered over questions over foreclosure proceedings … now it doesn’t seem to be as all-encompassing,” said Marc Pado, U.S. market strategist at Cantor Fitzgerald & Co in San Francisco.

OCC’s Walsh, whose office oversees large national banks, told reporters after a speech in Boston that teams from his agency, the Federal Reserve and the Federal Deposit Insurance Corp were working together.

Attorneys general in all 50 U.S. states have launched their own probe and the U.S. Justice Department and the Securities and Exchange Commission are also investigating.

Atlanta Federal Reserve Bank President Dennis Lockhart said on Monday that the U.S. central bank was examining mortgage servicers in an effort to get a better sense of the extent of foreclosure documentation problems around the nation.

“We’re doing quite a bit,” Lockhart told reporters after a speech in Savannah, Georgia. “We’re doing ad hoc exams of the major mortgage servicing institutions as well as other banks that have a significant servicing flow.”

The Obama administration says it backs the attorneys general investigation but at the same time it has signaled it is wary of doing anything that could derail any recovery in the housing market, usually a driver of economic rebounds.

Republicans are expected to make big gains in the November 2 midterm elections on the back of growing disapproval over how President Barack Obama and his Democrats are handling the economy.

(Additional reporting by Caroline Valetkevitch in New York, Pedro Nicolaci da Costa in Savannah, Corbett B. Daly in Washington; Writing by Matt Spetalnick; Editing by Tim Dobbyn and Jackie Frank)

Global banking rules aim to balance safety, growth

By GREG KELLER, Associated Press Writer Greg Keller, Associated Press Writer Sun Sep 12, 6:05 pm ET

BASEL, Switzerland – Banks will have to significantly increase their capital reserves under rules endorsed Sunday by the world’s major central banks, which are trying to prevent another financial collapse without impeding the fragile economic recovery.

The new banking rules are designed to strengthen bank finances and rein in excessive risk-taking, but some banks have protested that they may dampen the recovery by forcing them to reduce the lending that fuels economic growth.

Forcing banks to keep more capital on hand will restrict the amount of loans they can make, but it will make them better able to withstand the blow if many of those loans go sour. The rules also are intended to boost confidence that the banking system won’t repeat past mistakes.

Under current rules, banks must hold back at least 4 percent of their balance sheet to cover their risks. This mandatory reserve — known as tier 1 capital — would rise to 4.5 percent by 2013 under the new rules and reach 6 percent in 2019.

In addition, banks would be required to keep an emergency reserve known as a “conservation buffer” of 2.5 percent. In total, the amount of rock-solid reserves each bank is expected to have by the end of the decade will be 8.5 percent of its balance sheet.

U.S. officials including Federal Reserve chairman Ben Bernanke issued a joint statement calling the new standards a “significant step forward in reducing the incidence and severity of future financial crises.”

European Central Bank president Jean-Claude Trichet, chairman of the committee of central bankers and bank supervisors that worked on the new rules, called the agreement “a fundamental strengthening of global capital standards” that will encourage both growth and stability.

Representatives of the Fed, the ECB and other major central banks agreed to the deal Sunday at a meeting in Basel, Switzerland. It still has to be presented to leaders of the Group of 20 forum of rich and developing countries at a meeting in November and ratified by national governments before it comes into force.

The agreement, known as Basel III, is seen as a cornerstone of the global financial reforms proposed by governments stung by the experience of having to bail out some ailing banks to avoid wider economic collapse.

Fred Cannon, a banking analyst at Keefe, Bruyette & Woods, said the rules probably will reduce bank profit margins and lending from the heights they reached in 2007. But he added that before 2000 or so, many U.S. banks were already operating with enough capital reserves to meet the new minimums.

Cannon said the new standards certainly will not keep the banks from lending more than they did last year, when lending shrank mainly because businesses and consumers decided to save instead of borrow. But he expressed doubts on whether the new rules will avert another crisis.

The trouble last time, he said, was that banks were hiding the full extent of the risks they had taken. And there is no guarantee they won’t find new ways to appear more conservative than they are under the new regime, he said.

“Government regulations tend to fix the last crisis,” he said. “Whether it will prevent the next one is the question.”

Earlier this year, the Brussels-based European Banking Federation warned that the rules could keep the 16 nations that use the euro in or close to recession through 2014.

The federation, which represents more than 5,000 banks, said its analysis of proposed new Basel III banking standards shows that it would limit banks’ credit growth and profits, hurt the economy and prevent the creation of up to 5 million jobs in the eurozone.

U.S. agencies have the authority to institute tougher capital standards under the sweeping financial overhaul legislation that Congress passed and President Barack Obama signed into law in July. The new global rules are expected to be endorsed by Obama and other leaders of the Group of 20 major economies when they meet in November in Seoul, South Korea.

Treasury Secretary Timothy Geithner has been leading the effort among G-20 finance ministers to get international backing for the new capital standards. He has argued that the rules must be implemented in a coordinated manner so countries don’t try to obtain unfair advantages by allowing their banks to operate under less stringent standards.

Regulators on Sunday also agreed to a number of other measures to shore up the stability of financial institutions:

• Countries will be able to demand that banks build up a further reserve during good times amounting to up to 2.5 percent of their common equity. This “countercyclical buffer” is to help avoid excessive lending during periods of economic boom.

• Another measure aimed at preventing banks from overstretching themselves is the introduction of a leverage ratio of 3 percent. Leverage, or borrowing to invest elsewhere, boosts returns but can backfire catastrophically if an investment declines. Some European banks had objected to this, arguing that the measure unfairly penalizes small lenders with relatively safe credit portfolios.

• Regulators also agreed to continue working on additional safeguards for “systemically important banks” — those that could bring down entire economies if they collapse.

Already one bank has cited the new rules as a reason to tap the market for billions of euros in new capital.

Earlier Sunday, Germany’s biggest bank, Deutsche Bank AG, announced plans to raise at least 9.8 billion euro ($12.4 billion) in a capital increase.

The planned issue of 308.6 million new common shares is meant primarily to cover the consolidation of Postbank, “but will also support the existing capital base to accommodate regulatory changes and business growth,” Deutsche Bank said. It did not elaborate.

____

Associated Press writers Andrew Vanacore in New York, Martin Crutsinger in Washington, Frank Jordans in Geneva and Geir Moulson in Berlin contributed to this report.

AP

Tribune files no new bankruptcy plan

1 hr 37 mins ago

NEW YORK (Reuters) – Tribune Co, struggling to win broad creditor support for its plan to emerge from bankruptcy, said on Friday it would not tweak the proposal any further at the moment.

The owner of the Los Angeles Times, Chicago Tribune and more than 20 television stations, Tribune had said it would put out a new plan on August 27. But the company decided against doing so, it told employees, citing the “ongoing nature” of talks with creditors.

A Tribune spokesman declined to comment further.

Tribune filed for bankruptcy in December of 2008, less than a year after real estate developer Sam Zell led a more than $8 billion leveraged buyout of the media company. Last month, a court examiner said in his report investigating the buyout that he thought it was likely a court would find fraud in the transaction.

That report caused a delay in the company’s ability to emerge from bankruptcy, which had been set for the end of this month. It is now expected in October at the earliest.

Typically, a company’s bankruptcy restructuring plan is built through a negotiating process that includes both the company and its senior creditors.

Earlier this week the Los Angeles Times reported that former Walt Disney Co CEO Michael Eisner had been in discussions with creditors to succeed Zell as Tribune chairman.

(Reporting by Caroline Humer and Dan Levine; Editing by Andre Grenon and Richard Chang)

Reuters

AgBank confirms greenshoe as IPO hits record $22.1 billion

Sun Aug 15, 8:07 am ET

SHANGHAI (Reuters) – Agricultural Bank of China (AgBank) said on Sunday it had fully exercised an over-allotment option for the Shanghai portion of its initial public offering, taking total proceeds from the offer to $22.1 billion, making the IPO the world’s biggest.

The statement by AgBank, posted on the website of the Shanghai Stock Exchange, confirmed a Reuters report on Friday.

The exercise of the over-allotment, also known as a greenshoe, pushed AgBank’s Hong Kong and Shanghai offering past Industrial and Commercial Bank of China’s (ICBC) $21.9 billion IPO four years ago.

Over-allotments are released when demand for the shares in the after-market is heavy. Underwriters release the shares, set aside at the original IPO price, to the allocated holders who then become public stockholders.

AgBank had already exercised a similar option for its Hong Kong portion last month.

The exercise of the over-allotment brings the number of shares sold in AgBank’s Hong Kong and Shanghai offerings to 54.79 billion, increasing the original $19.3 billion raised by 15 percent.

($1=6.77 Yuan)

(Reporting by Jason Subler and Samuel Shen; Editing by Erica Billingham)

Reuters<

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