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On October 8, Bank of America announced it would halt foreclosure sales in all 50 states. Earlier, Ally Financial and JPMorgan Chase said they're doing it in 23 states. PNC Financial Services Group will also for 30 days, and very likely other banks will follow.
On October 8, Obama pocket-vetoed a rushed-through Senate bill to facilitate foreclosure fraud. It would have mandated mortgage and other financial document notarizations in one state (including those done electronically) be recognized in all others. Consumer groups and other critics complained, saying the measure would have facilitated dispossessions faster, and in many cases improperly.
Attorney General Eric Holder then said the Financial Fraud Enforcement Task Force is investigating reports of greater numbers. Seven or more state attorneys general began their own, that if not stopping, at least may slow down dispossessions. More on that below.
Last May, Herman John Kennerty, a Wells Fargo default document group administration manager testified that he typically signed 50 to 150 evictions daily. He also said he didn't independently verify information to which he was attesting, just rubber-stamping it along.
In Florida, problems are especially acute, recent 12th Judicial Circuit state findings showing that 20% of foreclosures set for summary judgment involved deficient documents, according to Chief Judge Lee E. Haworth. In an interview, he said:
"We have sent repeated notices to law firms saying, 'You are not following the rules, and if you don't clean up your act, we are going to impose sanctions on you.' They say, 'We'll fix it, we'll fix it, we'll fix it.' But they don't."
As a result, on September 17, Judge Harry Rapkin, overseeing district foreclosures, dismissed 61 cases. Plaintiffs may refile, however, by repeating the procedure, including paying fees involved.
Overall, the process is riddled with fraud. Mortgage lenders used boiler room tactics, conning borrowers with no knowledge of what they were doing, including the risks. To close deals, some forged their signatures on key documents, pressured real estate appraisers to inflate home values, and created fake W-2 forms to exaggerate applicant incomes.
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