http://www.bloomberg.com/news/2011-01-27/regulators-in-u-s-zero-in-on-mortgage-servicers-to-fix-foreclosure-crisis.html
Key area to read from the article
Key area to read from the article
Foreclosure Incentives
Servicers have an incentive to push for foreclosure, which can generate additional fees, and they also can charge borrowers when they are late making payments, giving them a reason to delay loan modifications. Accounting rules allow banks that foreclose to hold off writing down any loss until the home is sold. They must take the loss immediately when allowing a sale by the owner for less than value of the mortgage.
While the flat-rate fee system worked when the market was rising, it failed during the meltdown, Federal Housing Administration Commissioner David Stevens said in an interview. One alternative would be to impose fees that vary with the cost of servicing a loan, he said.
“Servicers’ lack of reserving appropriately and not creating infrastructure to manage nonperforming markets like the kind we’re in is inexcusable,” Stevens said. “You cannot overstate the concern” among regulators that the industry doesn’t have enough capital, he said.
The FHA can impose triple damages on servicers that violate its rules on handling foreclosures.
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