U.S. foreclosure fiasco frustrates homeowners

* Furor over lender practices may drag out foreclosures

* Florida has third-highest foreclosure rate in U.S.

* Homeowners complain of lenders’ handling of foreclosures

By Kevin Gray

DELRAY BEACH, Fla., Oct 17 (BestGrowthStock) – Curtis Jones has
fought for more than a year to keep his two-story townhouse in
this beachside Florida city from being foreclosed.

Jones, a 49-year-old construction worker, feels like it is
a one-sided fight.

“Nobody is willing to work with me. They just brush you
off,” he said.

Seven years ago, Jones took out a mortgage with Countrywide
Financial Corp to buy his home. The company has now launched
foreclosure proceedings against him.

But his lawyers say records in MERS, the U.S. electronic
mortgage tracking system, show his loan actually belongs to the
government-owned finance giant Fannie Mae (FNMA.OB: ) and argue
the case is not valid.

MERS, which tracks more than 60 million mortgages and has
initiated thousands of foreclosure actions around the country,
is at the center of the growing furor over whether lenders used
questionable practices to claim hundreds of thousands of homes
from delinquent borrowers. [ID:nN13278278]

Jones’ fight is similar to millions of others playing out
around the nation as borrowers struggle to figure out who owns
their loans, who can negotiate loan modifications with them, or
even how to get a call returned.

And now they are worried the national uproar over U.S.
mortgage lenders’ practices and the patchwork of foreclosure
halts will make the fight to keep their homes even murkier.

“It will just be put on hold,” Jones said.

Some homeowners say they are expecting more delays. Others
hope the fiasco puts increased attention on the way banks have
dealt with struggling homeowners since the U.S. economy went
into recession two years ago, pushing millions into

“I don’t have any confidence in the banks,” Jones said.

Others are holding out hope the mortgage mess will offer a
chance to restructure their loans. However, they express
frustration with a system they say seems more intent on
evicting homeowners than helping them.

Jones is among thousands of homeowners across Florida —
home to the third-highest foreclosure rate in the United States
after Nevada and Arizona — who are legally challenging their
foreclosures, charging that lenders used shoddy paperwork.
Thousands more are doing the same in other states.

Foreclosure defense lawyers say lenders took a wholesale
approach to foreclosures, employing so-called “robo-signers” —
people who signed hundreds of affidavits a day without actually
reviewing the documents they signed.

The securitization of mortgages also resulted in lenders
failing to keep track of the sale of home loans, they said, and
some banks are now carrying out foreclosure proceedings without
being able to show they actually own the loan.

The potential fallout has raised questions about the
depressed U.S. housing market, which was being helped by
foreclosure sales. It has also put pressure on stocks as
investors worry about the impact on banks’ financial health.

Jones’ lawyers say his case is typical of some of the
alleged irregularities that prompted all U.S. states from
Alaska to Florida to open investigations into foreclosure
practices in one of the biggest legal probes of the industry.

“50-50 CHANCE”

Struggling to find steady work, Jones last year went into
default on his $250,000 mortgage.

He said efforts to renegotiate his mortgage failed, and he
has seen the value of his house fall to $160,000. His mortgage
payment shot up from around $1,900 a month to $2,400 as his
adjustable interest rate rose.

Walt McMurray, a 46-year-old electronics technician who
lives in Loxahatchee, Florida, said he believes he has a “50-50
chance” of staying in his home.

“You don’t know where things are going to end up,” he said.
“I just keep worrying that someone will show up at the door to
kick us out and change the locks.”

After losing his job in 2008, he fell behind on the
mortgage on his house, a three-bedroom, two-bathroom property
he bought in 1994. He owes $243,000 and made his last mortgage
payment a year-and-a-half ago.

He has since found a full-time job. But once he fell into
default, his back payments piled up. He said he now wants to
renegotiate his mortgage and pay the house’s current value, but
initially struggled to determine who owns his mortgage.


At one point, he had two lenders claiming they owned
servicing rights to his loan, including JP Morgan Chase and Co
(JPM.N: ). Chase, along with Bank of America Corp (BAC.N: ) and
Ally Financial Inc. have suspended foreclosures and foreclosure
sales pending a review.

“I was working with Chase, but then I got a letter saying
my mortgage had been sold,” he said.

McMurray hopes to hear back on a possible modification from
another company, IBM Lender Business Process Services, that now
says it is servicing his mortgage. But his lawyer, Dustin
Zacks, says reaching any deal may not solve McMurray’s problems
because court documents show Chase is the owner of the loan.

“We don’t want him to settle, only to be sued six months
later by another party who claims it is the holder of the

McMurray said the allegations of questionable foreclosure
practices by lenders have left him feeling like no one wants
him to stay in his home.

“It makes me feel like they want to take my house back, not
work with me to stay in it,” he said. “I really don’t see the
benefit to the bank or the community if they take it back. I
want to be here, I love my home.”

Jones, the construction worker, said he likely overextended
himself financially by buying his home. But he said he thinks
he could make payments on a new reduced mortgage.

He said he was bracing for more months of being in limbo.

“Come on, everybody involved in this made a mistake,” he
said. “Can’t we work something out?”
(Editing by Gary Hill and Jan Paschal)

U.S. foreclosure fiasco frustrates homeowners