DS News

February 2017 - Tackling Tech

DSNews delivers stories, ideas, links, companies, people, events, and videos impacting the mortgage default servicing industry.

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92 in northern California. Cases in San Francisco, San Mateo, Contra Costa, and Alameda counties are in the works as well. Most recently, two northern California investors pleaded guilty to conspiring to rig foreclosure bids in the Oakland area between 2008 and 2011. California Introduces Protections for Surviving Spouses and Heirs A law that went into effect at the start of this year in California shields widows and other survivors who claim ownership of home from foreclosure after the death of a borrower. Lenders and servicers are required to work with widows, domestic partners, heirs, joint tenants, and others who own their homes but are not listed on the mortgage loan. ese individuals are afforded the same protections as a borrower in foreclosure. ey may apply to assume the existing mortgage loan or seek a loan modification. A lender or servicer may not record a notice of default or foreclose on a property until it requests the property claimant submit documentation of the death of the borrower within 30 days, and requests the claimant submit documentation of his or her claim within 90 days. If documentation is not provided by the deadlines, the servicer may then proceed with foreclosure. While federal law does offer some protec- tion to successors, California's Homeowner Survivor Bill of Rights (HBOR) makes the state "the first state to enact a law providing surviving heirs with protections like those afforded borrowers in foreclosure," according to Jennifer L. Gray in an article by Greenberg Traurig, a California law firm. e new law "requires lenders to apply the requirements of the HBOR to successors while they are applying to assume the loan and/or for loss mitigation," Gray said. Servicers who violate the Survivor Bill of Rights could have to pay up to $50,000 or actual damages. Fannie Mae and Freddie Mac already had similar procedures in place for loans they own. A successor may either continue to make pay- ments on a current loan, or for a delinquent loan, he or she may bring the loan current or apply for loss mitigation. CALIFORNIA Investors Convicted of Fixing Foreclosure Auction Bids Four northern California real estate investors have been convicted in federal court for reportedly rigging bids at public foreclosure auctions during the recession. Following a two-week trial, a federal grand jury in Alameda County convicted Alvin Florida Jr., Robert Alhashash Ra- sheed, John Lee Berry III, and Refugio Diaz of one count each of conspiring to rig bids at foreclosure auctions between 2008 and 2010. According to the Department of Justice, evidence at trial showed that the men had conspired with others to rig bids to obtain hundreds of properties sold at foreclosure auctions in Alameda County. e conspirators reportedly designated winning bidders to obtain selected properties at the public auctions and negotiated payoffs amongst themselves in return for not competing. In subsequent private auctions amongst themselves, at or near the courthouse steps where the public auctions were held—a practice the DOJ called "rounds"—the men awarded the properties to fellow conspirators who submitted the highest bids, the department stated. According to the indictment filed in November 2014, the men were also accused of "refraining from and stopping bidding for selected properties at public auctions [and] purchasing selected properties at public auctions at artificially suppressed prices." e indictment also claimed that "substantial proceeds from the sale of properties purchased by the conspirators pursuant to the bid-rigging conspiracy were transmitted from locations in one state to certain beneficiaries located in other states" and that paperwork related to these deals was "sent by trustees located in one state to certain beneficiaries located in other states, notifying them of the sale of properties in which the beneficiaries held an interest." Beneficiaries, the DOJ said, also included companies that operated in interstate commerce. Indictments are pending against several other real estate investors who participated in the conspiracy. e convictions are the latest charges filed by the DOJ regarding bid rigging at public real estate foreclosure auctions California Hilary Marks Woman Owned Business BRE# 01730451 www.WESALECA.com 909-529-3707 HILARYREO@yahoo.com California had the fourth highest number of legacy foreclosures in 2016, according to RealtyTrac's Year-End 2016 U.S. Foreclosure Market Report. KNOW THIS

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