The Corporate World - Written by Beasley Allen on Tuesday, April 17, 2012 14:19 - 7 Comments
Flagstar Mortgage Fraud Lawsuit Settled For $133 Million
The U.S. government has reached a $133-million settlement with Flagstar Bank, resolving a civil fraud lawsuit which accused the bank of fraudulent mortgage lending practices. The lawsuit, filed by the U.S. Attorney for the Southern District of New York and the U.S. Department of Housing and Urban Development, alleged that Flagstar used unqualified employees to approve mortgage loans backed by HUD, approved mortgage loans that did not comply with HUD and Federal Housing Administration underwriting requirements, and made false certifications on mortgage loans. Preet Bharara, U.S. Attorney for the Southern District of New York, said in a statement:
The lawsuit is another stark example of how certain lenders put profit ahead of responsibility by recklessly churning out mortgage loans without regard to the risk that those loans would default or the significant consequences for the individual homeowners who would inevitably default on their loans.
Flagstar’s CEO and president Joseph Campanelli said in a statement that the bank “is one of the leading originators and servicers of FHA-insured loans, and we remain committed to continuing in that capacity. This agreement with the Department of Justice allows us to move forward and to continue to focus on core operations and on serving our customers.”
This is the fourth lawsuit brought by the U.S. Attorneys’ office in New York against residential mortgage lenders. The government also has sued Deutsche Bank, Allied Home Mortgage and CitiMortgage, a subsidiary of Citibank. CitiMortgage reached a $158-million settlement with the government. Under terms of the Flagstar settlement, the company agreed to pay $15 million within 30 business days and to pay an additional $118 million as soon as it meets certain financial benchmarks. An independent third party, to be paid for by Flagstar, will monitor the bank’s compliance with HUD and FHA lending rules for at least one year.
Flagstar also agreed to implement a training program for employees involved in the originating and underwriting of FHA loans. In addition, it agreed to terminate the senior managers who had been overseeing the bank’s manual underwriting process. Because of the settlement, Flagstar will revise its fourth-quarter 2011 and full-year 2011 earnings, which were announced Jan. 24. The bank said while its net loss for the fourth quarter could increase by between $25.9 million and $34.3 million, it still expects to achieve profitability this year. Flagstar is one of the largest residential mortgage lenders in the country, originating $26.6 billion in mortgages in 2010. The bank is the largest publicly-held savings bank in the Midwest, with $13.6 billion in total assets and 113 branches in Michigan. It is majority-owned by MatlinPatterson Global Advisers, a New York-based private equity firm.
Source: Freep.com
7 Comments
Debbie Purcella
Dear Debbie Purcella
Thank you for highlighting the Mortgage issues with Flagstar Bank in your communication of Aug 22, 2012 11:21 .
We (Cathy & Ambrose) feel your pain and unfortunately we think there are more people that the bank mistreated. We had a very similar experience like yours. Our application for Loan modification in 2009 took over a year while Flagstar gave us a “run-around” asking for one document after another (pay stubs, Bank statements etc..). Eventually in 2010 they reduced the Mortgage by an INSIGNIFICANT AMOUNT & A SMALL PERCENTAGE RATE!!! Since they did not make any meaningful modification offer but just made a “hardship” adjustment, we again applied in 2011 for a modification– since we realized they were again taking us for a ride/a run-around, we requested to “Short Sale” our house. Just like in your case, Century 21 was our Realtor and after months of putting the house on marked and marking it down by 30,000 we found a pre-qualified buyer who was ready to pay more than the Flagstar bank appraised value but of course less than what was owed to the Bank due to the prevailing mortgage-under the water situation.
Flagstar dragged their feet months on end and refused to approve the offer- yet asked us to apply for hardship adjustment again with a three months trial to pre-qualify for modification possibility!!! Sensing another down the road frustration we disengaged from the process with Flagstar filled for “Strict Foreclosure ” as per Connecticut laws. The case took up to the Court mandated Mediation- still Flagstar was adamant. We therefore chose to give up instead of prolonging the pain. Flagstar secured the necessary paperwork that the house now has reverted to them– but NOT YET formally taken over the house.
Please let us know of any advice you may have come across or you may come across- and any Action Lawsuit that we may be a party to.
Thanks again
The Ireeta Family
Runyon Family
Hello,
I currently own a house in Jacksonville Florida, of which I purchased in 1997. My husband was active duty when the home was purchased and had been stationed in Florida already for 2 years. I know that there are unforeseen circumstances, sudden moves and transfers, however with the rate and job that he performs he was able to stay in the Jacksonville area for almost 15 years. In 2009 he received orders to Japan and we prepared our home to be sold and placed it on the market in of Oct 2009 via For Sale By Owner and in Dec 2009 we listed it with Watson Reality. Our home is in a lower income neighborhood but we had remodeled it in 2006-2007 investing in excess of $60K in upgrades and additions when our 3rd child was born. At the time he was an E6 and I had a promising career with BofA, our credit was good and we never missed a payment in the 13 years we lived there. Once we left Florida heading to Japan in Jan 2010 we continued to make our payments on the home and our realtor was doing everything she could to sell it, but with the housing market in shambles the price was too high for the area (the home was refinanced in 2007 with an appraisal of $206K, we owed approximately $186K). With our home on the market for 10 months and our savings disappearing due to myself not working, we decided that a short sale was our only option. First we attempted the HAP program afforded by the military and we would have had to bring $50K to the table (of which we did not have). So we contacted Flagstar about a short sale and they stated we would have to be in default of payments to even start the process, therefore we discontinued any further payments in June/July 2010. Our realtor quickly submitted all necessary documents for approval from Flagstar Mortgage for a short sale on the property. Its is now 3 years later, we have had a total of 5 contracts pending from multiple buyers and Flagstar has continuously failed to process the sales! We are currently under contract, since Dec 2012!!!! Every month we update Flagstar with all necessary documents required and every month we are told the file is “pending review/approval of a short sale” Our credit has been turned upside down, which we were expecting to a certain degree but also figured within three years we would be able to start rebuilding it! We have done everything we possibly can to sale this home, to avoid foreclosure, yet Flagstar Bank has refused to process in a timely manner. Is this legal? We will be returning to Florida (march 2013) and fear we will struggle finding a home to reside in due to our credit and current housing situation. We would love to be able to put all of this behind us and start rebuilding our credit and lives. My Husband and family have served this country for 18+ years and continue to do so. We feel like we have been done a grave injustice by Flagstar Bank and we would greatly appreciate anything and everything that anyone could do to help us!
Sincerely,
The Runyon’s
Karie Ramos
I had they same time of problem with Flagstar, after 1 & 1/2 years they foreclosed in my home. I am looking for any class action law suit against flagstar.
Teresa in Ohio
Please notify me if there are any lawsuits we may be party to against Flagstar Bank, FSB by their (Ohio) home loan victims. They are guilty of FHA fraud, predatory lending, apparaisal fraud, sfdp assistance (Ameridream) fraud, including wrongful foreclosure on a MERS loan and they refused to modify FHA loan (nearly 3 years of applying for modification & sending all requested paperwork that they ‘lost’ every time) after job layoff got us behind on payments. Please advice us of any information that leads to a Flagstar lawsuit.
jason
they tried forexloaing on my home with a fraudulent note. how do I know that? I have the copy of the originak. I called MERS who said my investor was GINNI MAE, I called Ginni Mae and they advised that my investor was FEDERAL HOME LOANS OF INDIANAPOLIS. …I requested a copy by my attorney of the WET INK note, they produced the orihinal with no fuether assignments. I am now trying to find a lawsuit against them for forecosure fraud, Respa violations, FDCPA violations and criminal charges under U.S.C 18 433 RICO. Which is forging a document/security instrument for monetary gain. they are now on their third attorney firm and I am still holding tight hoping something gives.
jason
ALL OF THESE STORIES ARE SIMILAR AND ALMOAT THE SAME IN TIME FRAMES. FOR TWO YEARS WE SENT IN PAPERWORK EACH MONTH FOR A LOAN MOD ONKY TO BE TOLD WE were in line for a mod. I am working on finding an attorney to take my case. please EMAIL ME YOUR EXPERIENCES AND RETURN ADDRES (EMAIL ADDRESS IF YOU WISH) IAM NOT AN ATTORNEY I AM A VICTIM JUST LIKE YOU ALL. YOUR LETTERS AND EXPLANATIONS MAY HELP MOVE THIS INTO A HIGHER COURT. I AM LOOKING TO FIKE A CRIMINAL COMPLAINT UNDER RICO. NOT TO MENTION THE VIOLATIONS OF RESPA FDCPA HUD GUIDELINES ETC. EMAIL: extremeopsgear@gmail.com maybe I can find a firm who will take this case and or cases. We let it go, they will keep on stealing from others. I have been in my home since 2004, I refinanced under GLAGSTAR IN 2008, AFTER AN INJURY I ATTEMPTED A ModIFICATION. AS OF TODAY MAY 10 2013 I HAVE YET TO MAKE ANOTHER PAYMENT BECAUSE THEY WONT EXCEPT ONE AND THEIR ATTEMPT TO FORECLISE FELL THROUGH BECAUSE THEY FORGED OR THE BROKER FORGED MY NAME ON THE NOTE THEY ISED. CHECK YOUR DOXUMENTS!!! COMPARE YOUR NOTE OR DEED OR TRUST. EMAIL ME YOUR STORIES, I AM SUBMITTING MINE TO RUlE OF LAW and working with an auditor to find as many violations as I can in my documents. good luck. Please excuse any typos. I am usong my phone keypad…
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Are there any other class action law suites currently against Flagstar Bank? It took me 18 mos after my husband passed away to get a loan modification from this company and that was after I had to contact my local Congressman Baca 4x to convince Flagstar Bank to modify my loan. They had no regard nor respect for Congressman Baca. Once I received the minor modification to my loan my son-in-law lost his job and I had to put the house up for sale. I had Century 21 as my realtor and we had a buyer who is a Los Angeles police officer with a substantial down payment AND he had been approved for the home loan by his bank. Flagstar chose to ignore this offer. After Century 21 made numerous unsuccessful calls to Flagstar they called me and suggested I try to call them also as the auction date of my house was just around the corner AND WE HAD A QUALIFIED BUYER! I finally got in touch with Flagstar 2-3 days before the auction of my home was to take place and they told me IT WAS TOO LATE and that FHA hadn’t gotten back to them so the house will be auctioned off. We had the buyer for 6 mos!!!! He wanted the house so bad he waited 6 mos. for an answer and Flagstar just blew it off and they now own my house. I lived in that home for 35 years, my husband died in that home, my children were raised in that home and now the yard is dead, the pool drained & damaged, the house is in ruin and it breaks my heart every time I see it. I had lost my job, 2 weeks later I lost my husband and 18 mos later I lost my home. Flagstar Bank placed a foreclosure on my credit while we were going through the loan modification and has never removed it. My credit is ruined, all my interest rates are higher because of the foreclosure on my house and the home was not even in foreclosure. Flagstar has made my life so difficult and costly not to mention I cannot even purchase another small home or condo because of the foreclosure on my credit. Yes, Flagstar really did a number on me and I have all the paperwork and communication (email & other) to prove it!!!