all things kamala on the foreclosure settlement for california

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e | State of California - Department of Justice - Kamala D. Harris Attorney General

//oag.ca.gov/[2/12/2012 6:49:05 PM]

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Attorney General Kamala D. Harris

Secures $18 Billion California

Commitment for Struggling

Homeowners

February 09, 2012

Attorney General Kamala D. HarrisApplauds Landmark Decision

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February 07, 2012


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Attorney General Kamala D. Harris today announcedan historic $18 billion settlement with banks to bring relief to

hundreds of thousands of California homeowners.

View: Press Release | Resources for Homeowners | FAQs |Press Conference on YouTube

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Release | State of California - Department of Justice - Kamala D. Harris Attorney General

/oag.ca.gov/news/press_release?id=2625[2/12/2012 5:53:58 PM]

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Press Release

February 09, 2012

For Immediate Release

Contact: (415) 703-5837

Attorney General Kamala D. Harris Secures $18 Billion CaliforniaCommitment for Struggling Homeowners

LOS ANGELES - Attorney General Kamala D. Harris today announced an historic commitment to California of up to $18

billion that will benefit hundreds of thousands of homeowners in the state hardest hit by the mortgage crisis.

"California families will finally see substantial relief after experiencing so much pain from the mortgage crisis," said Attorney

General Harris. "Hundreds of thousands of homeowners will directly benefit from this California commitment."

"This outcome is the result of an insistence that California receive a fair deal commensurate with the harm done here. We

insisted on homeowner relief for Californians and demanded enforceability so homeowners actually see a benefit that will

allow them to stay in their homes, and preserved our ability to investigate banker crime and predatory lending," continued

Harris.

California secured the $18 billion agreement as part of a national multistate settlement to penalize robo-signing and other

bank servicing and foreclosure misconduct. The agreement comes after California departed from the multistate negotiations

last September when the estimated relief to California was $4 billion. Attorney General Harris insisted on more relief for the

most distressed homeowners, meaningful enforcement, and the ability of California and other states to pursue

investigations into misconduct.

California's participation in the settlement also increased the amount of relief other states will receive by approximately $6

billion.

Attorney General Harris also obtained separate, enforceable guarantees to ensure that banks will be accountable for their

commitments to California. As part of the separate California guarantee, banks must enact a minimum of $12 billion in

principal reductions for California homeowners. Failure to achieve this minimum level of reductions will result in substantial

cash payments of up to $800 million that the banks will have to pay to the state. Unlike the larger multistate agreement,

which is enforceable in a federal court in Washington, D.C., this payment provision empowers the Attorney General to

summon the banks to California state court.

California's separate guarantee also creates important incentives to ensure that banks will reduce the principal mortgage

balance of underwater homeowners in California's hardest-hit counties and that the principal reductions in these

communities will occur within the first year of the settlement.

To speed investigations and strengthen prosecutions of these mortgage cases, California will expand its Mortgage Fraud

Strike Force, adding to the more than 42 members already working on the team. The state will continue its investigative

alliance with Nevada, that allows the sharing of resources, information and strategies, and will look to collaborate with

additional states focused on a law enforcement response to the wave of mortgage fraud.

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18 Billion California Comm

Estimated Financial Benefit Estimated Homeow

Source: HUD Estimates



Kamala D. HarrisAttorney General

State of CaliforniDepartment of Justic

CALIFORNIA FORECLOSURE RATES BY COUNTY

2008 – 2010

Merced.................... 12.4% 1 of every 8 households

Stanislaus.................... 10.6% 1 of every 9 households

San Joaquin.................... 10.5% 1 of every 10 households

Riverside...................... 9.6% 1 of every 10 households

Solano...................... 8.6% 1 of every 12 households

San Bernardino...................... 8.4% 1 of every 12 households

Yuba...................... 8.3% 1 of every 12 households

Madera...................... 8.4% 1 of every 12 households

Sacramento...................... 7.4% 1 of every 13 households

Kern...................... 7.4% 1 of every 14 households

Contra Costa...................... 6.6% 1 of every 15 households

Imperial...................... 6.1% 1 of every 16 households

Monterey...................... 5.5% 1 of every 18 households

San Diego...................... 3.7% 1 of every 27 households

All Others...................... 2.7% 1 of every 37 households

County Foreclosure PercentagePercentage

0% 13%



Es#mated/AverageStockton

HomeownerRelief

1

SanJoaquinCounty10.7%foreclosure

$2,547perhousingunit

AverageSanJoaquinCountyBorrower

MarketValueofHome

202,577

CurrentLoanBalance

354,509

Loan-to-ValueRa#o 175%

CurrentMonthlyIncome $4,145.17

CurrentMonthlyPayment $1,985.93

Paymentasa%ofIncome 47.9%

ModifiedSustainablePayment $1,243.55

Mod.Paymentasa%ofIncome 30.0%

MonthlySavings $742.38

ModifiedLoanBalance

221,987



Es#mated/AverageRiverside

HomeownerRelief

2

RiversideCounty

9.7%foreclosure$2,186perhousingunit

AverageRiversideCountyBorrower

MarketValueofHome

191,305

CurrentLoanBalance

334,783

Loan-to-ValueRa#o 175%

CurrentMonthlyIncome $4,498.42

CurrentMonthlyPayment $1,922.32

Paymentasa%ofIncome 42.7%

ModifiedSustainablePayment $1,349.53

Mod.Paymentasa%ofIncome 30.0%

MonthlySavings $572.79

ModifiedLoanBalance

235,028



Terms of the California Commitment: Overview

California is joining the national servicing settlement, and has extracted a historic commitment from thenation’s largest mortgage lenders for an estimated $18 billion in support and aid for strugglinghomeowners.

Highlights of the California Commitment:

Hundreds of thousands of households will receive relief under the commitment.

A separate California-only guarantee imposes substantial financial payments up to $800 millionif banks fail to comply with the commitment. California will closely monitor bank performanceof their obligations to homeowners and can enforce payments in state court.

California’s separate guarantee limits the lending misconduct releases contained in the broader settlement and therefore preserves the Attorney General’s authority to investigate and prosecute

crimes, predatory origination and other wrongdoing.

The estimated total of $18 billion in aid must be delivered within three years, and includes a

California guarantee of over $12 billion dollars in one of the most important forms of homeowner relief – principal write downs.

California’s separate guarantee provides incentive for banks to perform substantial principalwrite downs in California’s hardest-hit counties like Stockton, etc. within the first year of thesettlement.

Interim reforms will make the mortgage process simpler and fairer: an end to dysfunctional“dual-track foreclosures,” the guarantee of a single point of contact for homeowners seeking helpand penalties for unfair bank practices.

Homeowner Benefits will be structured in the following manner:

$12 billion, at a minimum, will be dedicated to reduce the principal balance on loans by offeringeither affordable modifications or short sales to approximately 250,000 California homeownerswhose homes are worth less than what they owe on their mortgage and who are behind or cannotcontinue to make payments.

$430 million payment in penalties, costs, and fees.

An estimated $849 million to help refinance the loans of approximately 28,000 Californiahomeowners with interest rates above 5.25 percent who are current on their mortgage paymentsbut underwater on their loans.

An estimated $279 million will be dedicated to provide payments to approximately 140,000homeowners foreclosed upon during the worst period of servicing misconduct.

An estimated $1.1 billion will be distributed to California communities to repair blight anddevastation left by waves of foreclosures in hard-hit areas.

$3.5 billion is estimated to flow to forgive unpaid debts to banks for about 32,100 homeownerswho have lost their homes to foreclosure.



nal Mortgage Settlement | State of California - Department of Justice - Kamala D. Harris Attorney General

//oag.ca.gov/nationalmortgagesettlement[2/12/2012 6:48:28 PM]

Services & InformationProtecting Consumers National Mortgage Settlement Connect With Us

formation

National Mortgage Settlement

The Attorney General has obtained a broad-ranging settlement from five major banks. If you are a homeowner struggling to

pay your mortgage or facing foreclosure, or if you have already lost your home to foreclosure, it is possible that this

settlement could help you. Not every homeowner will qualify for relief under the settlement. Those who do qualify may

receive various forms of relief depending on their circumstances. Available forms of relief include: payments to borrowers

who were wrongly foreclosed upon; reduction of unpaid principal balances; refinancing for borrowers whose homes are

worth less than the money they owe; and the opportunity for short sales and other relocation assistance.

For detailed information about the settlement, please

visit the National Mortgage Settlement website.

To find out if you may be eligible for a loan

modification, refinance, short sale or other foreclosure

prevention relief under the settlement, you will need to

contact your mortgage servicer. To find the servicer

on your loan, look for a contact phone number on

your mortgage statement. Contact the bank or

servicer listed on the statement to ask who services

or owns your mortgage loan. For more details, please

see our Frequently Asked Questions.

The mortgage servicers participating in the settlement

agreement are Citibank, JP Morgan

Chase/Washington Mutual, Bank of

America/Countrywide, Wells Fargo/Wachovia, and Ally Financial.

If you have already lost your home to foreclosure and believe you may qualify for restitution, please visit the National

Mortgage Settlement website.

For a referral to a free HUD-Approved Housing Counselor who can assist you in applying for a modification under the

settlement or in obtaining other help to stay in your home if you do not qualify for the settlement, please call (800) 569-

4287.

Mortgage Servicers

For Bank of America/Countrywide, call (877) 488-7814 or you may also go to a Bank of America Customer Assistance

Center. You can find a list of such centers at the Bank of America Assistance Customer Center website.

Customer Serv i ce Cente r - Bank of America Home Loans Assistance Customer Center

For JPMorgan Chase/Washington Mutual, call (866) 372-6901 or you may also go to a Chase Homeownership Center. You

More Mortgage Information

National Mortgage Settlement website

Attorney General's Stop Mortgage Fraud

Mortgage Servicers

Bank of America/Countrywide

Bank of America Customer Assistance

Centers(877) 488 -7814

JPMorgan Chase/Washington Mutual

Chase Homeownership Center

(866) 372 -6901

Ally Financial-GMAC

(800) 766 -4622

Citibank/Citimortgage

(866) 272 -4749

Wells Fargo/Wachovia

(800) 288 -3212

HUD-Approved Housing Counselor

(800) 569 -4287


SEARCH



http://homeloanhelp.bankofamerica.com/en/customer-assistance-centers.html






https://www.chase.com/chf/mortgage/hrm_centers

























nal Mortgage Settlement | State of California - Department of Justice - Kamala D. Harris Attorney General

//oag.ca.gov/nationalmortgagesettlement[2/12/2012 6:48:28 PM]

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can find a list of such centers at Chase's Homeownership Center website.

Customer Serv i ce Cente r - Chase's Homeownership Center

For Wells Fargo/Wachovia, call (800) 288-3212.

For Citibank/Citimortgage, call (866) 272-4749.

For Ally Financial-GMAC, call (800) 766-4622.

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ently Asked Questions | State of California - Department of Justice - Kamala D. Harris Attorney General

//oag.ca.gov/nationalmortgagesettlement/faqs[2/12/2012 6:51:32 PM]

Services & InformationProtecting Consumers National Mortgage SettlementFAQs Connect With Us

formation

Frequently Asked Questions

Overview

Relief for Homeowners

More Mortgage Information

National Mortgage Settlement website

Attorney General's Stop Mortgage Fraud

Mortgage Servicers

Bank of America/Countrywide

Bank of America Customer Assistance

Centers(877) 488 -7814

JPMorgan Chase/Washington Mutual

Chase Homeownership Center

(866) 372 -6901

Ally Financial-GMAC

(800) 766 -4622

Citibank/Citimortgage

(866) 272 -4749

Wells Fargo/Wachovia

(800) 288 -3212

HUD-Approved Housing Counselor

(800) 569 -4287

Overview

Relief For Homeowners

Relief After Foreclosure

The Relief Process

Other Forms of Relief

Links to topics below:

What does the settlement mean for me?

The Attorney General has obtained a broad-ranging settlement from five major banks. If you are a homeowner

struggling to pay your mortgage or facing foreclosure, or if you have already lost your home to foreclosure, it is

possible that this settlement could help you. Not every homeowner will qualify for relief under this settlement.

Those who do qualify may receive various forms of relief depending on their circumstances. Available forms of

relief include: payments to borrowers who were wrongly foreclosed upon; reduction of unpaid principal balances;

refinancing for borrowers whose homes are worth less than the money they owe; and the opportunity for short

sales and other relocation assistance.

Is my bank a part of the settlement?

Is this settlement another government bailout of the banks?

I am a homeowner facing foreclosure. Am I eligible for relief under the settlement?

How can I find out who owns or services my mortgage loan?

I am a homeowner worried about the prospect of foreclosure and my loan owner or

servicer is part of the settlement. What forms of possible relief are available under the

settlement?

Do I qualify for a refinance under the settlement?

Do I have to be delinquent and/or underwater on my mortgage in order to qualify for

the settlement?

I have already been denied for a loan modification previously. Should I reapply for a

loan modification under the terms of the settlement?

I already have a modification for my loan, but I am still having difficulty making

payments or have already missed payments under the terms of the modified loan.

Should I reapply for a new modification under the terms of the settlement?


SEARCH































Megan's Law Resources Services & Information Site Navigation

Relief After Foreclosure

The Relief Process

Other Forms of Relief

The bank has already begun the foreclosure process on my home. Will this settlement

stop the foreclosure?

If I do not want to keep my home, and/or I do not think there is any way for me to

obtain an affordable payment, does this settlement have anything to help me sell it

without a foreclosure?

I do not think I will be able to keep my home. If I am not interested in a short sale, or

I do not think there is a market for my home, can the settlement provide me with any

help?

I already lost my home to foreclosure. Am I eligible for any relief under the

settlement?

I lost my home to foreclosure. I want to know if I am eligible for the settlement, but I

do not know the name of my servicer or provider. How can I find out?

I lost my home already, but the bank claims I still owe it money. Is there anything in

this settlement that helps me?

I have determined that I may be eligible for relief under the settlement. How can I

seek help with my mortgage under the settlement?

I need help filling out the paperwork from the bank. What should I do?

Should I stop paying my mortgage?

When will the modifications or payments under the settlement begin?

I am in the process of seeking relief under the settlement. I am unhappy with the way

the bank is handling my request for help with my mortgage. Who do I complain to

about the bank?

Where should I go for updates or new information about the settlement?

Can I still sue the banks if I get any relief under the settlement?

Can you give me advice on whether I have legal claims against the banks?

How can I find a lawyer?

Do I need to hire someone in order to secure relief under this settlement?

My bank is not one of the banks who settled with the Attorney General, but I am

having the same problems that borrowers in this settlement are having. Can I file a

complaint about my bank?

Where can I obtain more information about this settlement?








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eral Government & Attorneys General reach landmark settlement with major banks | NationalMortgageSettlement

//www.nationalmortgagesettlement.com/[2/12/2012 6:53:33 PM]

Home About FAQ News Help for Borrowers States

Federal Government & Att orneys General reach landmarksett lement w ith major banks

Roughly $25 billion in relief for distressed borrowers, states and federal government.

After many months of negotiation, 49 state attorneys general and the federal government have reached

greement on a historic joint state-federal settlement with the country’s five largest loan servicers:

Ally/GMAC

Bank of America

Citi

JPMorgan Chase

Wells Fargo

The settlement will provide as much as $25 billion in relief to distressed borrowers and direct payments to stat

nd the federal government. It’s the largest multistate settlement since the Tobacco Settlement in 1998.

The agreement settles state and federal investigations finding that the country’s five largest loan servicers

outinely signed foreclosure related documents outside the presence of a notary public and without really know

whether the facts they contained were correct. Both of these practices violate the law. The settlement provid

enefits to borrowers whose loans are owned by the settling banks as well as to many of the borrowers whose

oans they service.

About the Settlement: Learn about the settlement, who is affected and what claims may still be

pursued against the banks. Find links to your state Attorney General’s Office to find state-specific

information and contacts.

http://www.nationalmortgagesettlement.com/about

http://www.nationalmortgagesettlement.com/faq

http://www.nationalmortgagesettlement.com/news

http://www.nationalmortgagesettlement.com/help

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https://www.gmacmortgage.com/finform/hhstart.htm

http://homeloanhelp.bankofamerica.com/en/index.html?cm_sp=CRE-Mortgage-Refi-_-Home%20Loan%20Assistance%20Q3-_-MR16000S_marketing%20strip_%20ooo-123_hp_lahUmbrella-o

https://www.citimortgage.com/Mortgage/displayHomeOwnerAssistance.do?page=overview

https://www.chase.com/chf/mortgage/keeping-your-home

https://www.wellsfargo.com/homeassist/















eral Government & Attorneys General reach landmark settlement with major banks | NationalMortgageSettlement

Help for Borrowers: Learn how to find out if your loan is affected by this settlement, the timeline

relief, how you will know if you are eligible. Find links to your state Attorney General’s Office to find

state-specific information and contacts.

News: Read the national news release and find links to your state Attorney General’s Web site for

state-specific news.

SETTLEMENT DOCUMENTS

National Mortgage Settlement (coming soon)

Settlement Executive Summary (coming soon)

Servicing Standards Highlights (pdf)

SETTLEMENT PARTIES

Ally/GMAC: 800-766-4622

Bank of America: 877-488-7814

Citi: 866-272-4749

PMorgan Chase: 866-372-6901

Wells Fargo: 800-288-3212

State Attorneys General

Conference of State Bank Supervisors

United States Department of Justice

U.S. Department of Housing and Urban Development

HOME | ABOUT | FAQ | NEWS | HELP FOR BORROWERS | STATES



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