Independent Foreclosure Review Botched?


The Independent Foreclosure Review (IFR) was supposed to have helped homeowners. As each day goes by, there’s more evidence the IFR, one of the costliest audit projects in history, was a nothing but a botched effort. The IFR was doomed from the start.

In 2011, the Office of the Comptroller of the Currency ordered some of the major banks to review their foreclosures and compensate borrowers where they found mistakes. The agreement was separate from the $25 billion National Mortgage Settlement in 2012. This review was to be the first time borrowers would have an independent review of their foreclosures.

In November 2011, eligible borrowers began receiving a Request for Review form by mail. If a borrower had previously filed a complaint with one of the participating servicers/lenders, the borrower would also have gotten a Request for Review form.

Some banks involved had audit teams (reviewers) who were ill-trained and made numerous mistakes. When the teams did find bank errors, some were told not to report the errors if they wanted to keep their jobs. Reviewers were also told to ‘change their answers’ and to ‘stop digging’.

Bank of America hired a consulting firm, Promontory Financial for the review. These reviewers were Bank of America contractors reviewing Bank of America loans at a Bank of America facility under the management of full-time Bank of America employees. Bank of America reported those results to the ‘independent’ Promontory Financial who based their reviews on what Bank of America gave them. Promontory reviewers were also given gift cards as much as $500 if they increased the speed at which they reviewed files. In other words – the more files they sped through the greater the amount of the gift card.

Late last year, the OCC was working on a new multimillion-dollar settlement that clearly sent the message the OCC was covering up the botched Independent Foreclosure Review.

The OCC then said the IFR process was too slow and wasn’t showing much proof borrowers were harmed. The OCC’s new $9.3 billion settlement doesn’t set maximums or minimums for the types of aid banks should provide to the borrowers. Banks aren’t required to reduce any principal. In the end, this new settlement moves further away from compensating borrowers. Identifying mistakes banks may have made is even further down the road.  Is it no wonder the banks dumped the IFR for the new settlement?

In January 2013, most of the bank regulators, including Bank of America, stopped the IFR program in favor of the new settlement. The reviewers were abruptly told to go home. Many homeowners hoping for some kind of settlement after filling out the forms and repeatedly calling to find out what and when they would receive compensation, were simply told the program was shut down.

Some IFR reviewers said they found some kind of wrongful fee in every file they looked at. Other reviewers said 30% to 40% of the loan files they looked at had numerous mistakes that violated state statutes. Outside consultants showed error ratios of 21% for Wells Fargo and 16% for Bank of America. Wells Fargo files in Orange, California reportedly had error rates as high as 45% to 80% in late 2012. PNC posted rates above 20%.

Critics say the Office of the Comptroller of the Currency (OCC) should have had a uniform and a “real” independent review process set in place beforehand. The Independent Foreclosure Review only adds to the long list of failures for the OCC.

Bank regulators, under this new settlement haven’t been given definite answers as to how much relief they’ll give to borrowers or which borrowers will get the relief. The OCC’s original promises of “appropriate compensation to borrowers who suffered financial harm” now seem very distant. Borrowers who are deemed compensation should be contacted by the end of this month.

Under the new settlement are these lenders; Aurora, Bank of America, Citibank, Goldman Sachs, HSBC, JPMorgan Chase, Morgan Stanley, MetLife Bank, PNC, Sovereign, SunTrust, U.S. Bank, and Wells Fargo. The Independent Foreclosure Review process continues for Ally, Everbank and OneWest.

One year and billions of dollars wasted and homeowners got the short end of the stick.

Keith A. Gantenbein, Jr. is a Colorado a consumer advocate attorney, foreclosure defense and real estate attorney located in Denver and servicing all of Colorado. His foreclosure defense practice includes foreclosure prevention, foreclosure assistance, loan modifications, short sales, and all other foreclosure defense legal assistance. He also handles bankruptcies, mortgage negotiations, lender liability, real estate, civil litigation, debt defense, debt harassment, contracts and landlord/tenant. If you think you will be facing debt collection, foreclosure, or are in the foreclosure process, or have had a wrongful foreclosure, contact Keith Gantenbein at (303) 618-2122 for a one-hour consultation where he will discuss your situation and go over all your options with you.


About theglawfirm1

Gantenbein Law Firm is a Denver, Colorado Tax Law Firm, servicing all of Colorado. Gantenbein Law Firm also specializes in Colorado Real Estate Law, Colorado Foreclosure Defense, Wills & Trusts, and Business Law.
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23 Responses to Independent Foreclosure Review Botched?

  1. Stacey says:

    Yep….filled out my form for the IFR and felt totally dumped once again. Did receive a mailer that I’m “eligible” for settlement money from this in 4-8 weeks…..being handled by Rust Consulting and had the websites to the OCC and others. I will kiss the ground if I see an actual cashable check from this. More money wasted in mailers & postage to send out false promises (aka lies) once again? Hmmmm we’ll see.

    • cindy says:

      My friend just received 1500.00. There bank was Country wide

      • Joanie says:

        Country Wide wasnt listed as a bank in the settlement. I got a notification too about being eligible from Rust Consulting. After Chase screwed us out of our home, lied and gave us the run around lets see if we get any money. I havent heard of anyone getting any money yet though.

  2. cindy says:

    A friend just received there chk in the amount of 1500.00. There bank was Country wide

  3. Barb says:

    For once I believe this will come through, I have received all the follow ups since I was first notified. My bank was Chase.

  4. hey cindy. what happend to your friend? did they lose their home? file bankruptcy? Credit ruined? I just wonder how theyre deviding this money up….

  5. vhtheone says:

    pay us$$$$$…..

  6. countrywide is a servicer not a bank bank of america had countrywide as servicer

  7. Tammy says:

    yes CountryWide was one of the banks listed.

  8. Chris says:

    Cindy is right, Countrywide is one of Mortgage Companies listed. Listed are the former and current affiliates.

  9. Joanie says:

    Has anyone from Chase gotten money

  10. Chris says:

    I have Chase also, and no peep there

  11. Im w chace.. no money

  12. Robin says:

    I heard on the news today that the checks were being mailed starting tomorrow 4/11/13

  13. Tiffany says:

    The money will be released this Friday, April 12, 2013 thru Mid July 2013

  14. Joanie says:

    Anyone recieve any checks yet?

  15. CSN says:

    Got $500 even though I was someone who completed a trial modification that never got approved for a permanent modification. They took 6 months worth of my “trial” loan mod payments and then foreclosed on me in the 7th month. I should have been in the $50,000 payment category.

    • Michelle Smith says:

      We under BR protection and had just got a loan mod to lower payment :home was still taken !!!??? Didnt get the payment category we should have ,and was told no process to appeal.I just dont understand they(not really sure who they are) put out the list . But yet again im told nobody can answer my questions or help us . Just sit down and shut up.

  16. Joanie says:

    I cant figure out how they are figuring out what to pay people.

  17. Joanie says:

    We called Rust and they told us our check was mailed out on the 12th, but still no check. We called today and the guy said he couldnt say if our check had been mailed and to be patient. We could have it end of this week or next.

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