Agency That Wall Street Did Not Want Announces Changes To Mortgage Industry


CFPB Director Richard Cordray in 2008

The Consumer Financial Protection Bureau (CFPB), the agency created as part of the 2010 Wall Street reform bill, announced yesterday plans to change the way the mortgage servicing industry interacts with consumers.

“For too long, mortgage servicers have not been held accountable to their customers, and the result has been profoundly punishing to homeowners in distress,” said CFPB Director Richard Cordray. “It’s time to put the ‘service’ back in mortgage servicing.”

The Hill reports on the proposed changes:

Under the CFPB’s proposal, if a homeowner gets behind on their mortgage and is facing foreclosure, the servicer would be required to make a “good faith” effort to contact the borrower and explain the foreclosure process, as well as provide counseling options.

Remember all foreclosures that were approved through “robo-signing?” That means the banks didn’t verify the paperwork – or even check if they technically owned the property – before starting the process of foreclosure.

The CFPB is also considering requiring servicers to have staff dedicated to working with struggling borrowers either facing foreclosure or trying to avoid it. These employees would have easy access to the borrower’s records, as well as the ability to determine if a loan modification could be pursued to avoid foreclosure. A common complaint by struggling borrowers was their inability to discuss their plight with an employee with their servicer.

Right, because a discussion with the servicer might result in the bank having to check their records to see if the seizure of a home was, what’s the word, legal.

Homeowners and policymakers were also frustrated by error-ridden documents at many servicers. Under the CFPB’s plan, servicers would have to address found errors within 30 days, or an even shorter timeframe if a foreclosure or payoff is at stake.

Our response to all of this? Fantastic, and long overdue. And we can’t help but remember how savagely Wall Street and their political allies in Congress fought the creation of this agency, the appointment of its originator Elizabeth Warren as its director, and then again the appointment of Richard Cordray. Now we know why – Cordray is arming consumers with the ability to fend off these long-accepted predatory practices.

The dirty secret about our economy right now is the enormous drag of foreclosures and the inability of homeowners to modify their loans. Sure, there was that much-trumpeted national foreclosure settlement, which resulted in $26 billion in assistance for struggling homeowners. But there were two big problems with that settlement: 1.) you can’t fix $700 billion in negative equity with $26 billion and 2.) in some states (like Wisconsin) anti-worker corporate-backed governors (like Scott Walker) took that money and used it to pay for tax breaks, so homeowners didn’t actually get any of it.

Needless to say, the so-called settlement did very little to alleviate the enormous economic pain felt by homeowners stuck in mortgages with no recourse, owing more to banks and servicers than they could possibly come up with, even if they sold their house.

Edward DeMarco, the acting director of the Federal Housing Finance Agency (FHFA), singlehandedly has the authority to reduce the principal on underwater mortgages. This would help families pay for mortgages that cost more than their house is worth. Two weeks ago, the Treasury Department offered to subsidize this process – but still no movement from DeMarco.

We’re very encouraged by what the CFPB is doing to protect future consumers, but we need to urge DeMarco to act – and help those who are struggling now. Sign our petition today.

Photo of Ohio Attorney General Richard Cordray from aflcio on Flickr, via Creative Commons.

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