For lack of a better word, "The Government" is pressuring (sorta like 
a non-binding resolution) the loan servicing industry to freeze 
foreclosure proceedings and then to modify loans at risk of 
foreclosure to keep owner-occupants in their homes.  They're talking 
about freezing ARM rates at the 'teaser' levels from one to five 
years.  Keeping families in their homes is ideal, and I hope damage 
caused by the 'subprime cherynoble' can be reversed or at least 
arrested.  

The complexities and cross securitization of mortgage debt will be 
anything but easy to unravel which was brought to light by an Ohio 
Circuit Court's recent ruling, essentially tossing out 14 foreclosure 
lawsuits because the 'lender?" could not legally establish its 
standing and right to foreclose.

To paraphrase the judge's ruling, "The right to collect payment from 
a mortgage loan doesn't necessarily give that party the right to 
foreclose.  The Plaintiff (who brought the foreclosure action) must 
prove it has ownership of the mortgage and has the contractual right 
to foreclose."

If loan servicers unilaterally froze interest rates, or restructured 
loan terms, this action would cause a domino-like reaction adversely 
impacting certain guarantees made to the investors who hold the 
mortgages, or who have financial interest in securities 
collateralized by mortgages.  Contractual guarantees unilaterally 
altered or rescinded result in lawsuits. 

In my opinion, unless and until "The Government" can unravel the 
clusterf__k and appease the global investment community who stand to 
lose untold profits if interest rates are frozen,  its 'pressure' on 
loan servicers will meet deaf ears.

ForeclosureFocusUSA

 





 
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