Georgia & Atlanta Based SunTrust Reach Mortgage Loan Settlement

June 17, 2014 16:15 pm

by Charlie · 4 comments

It seems like these kinds of stories, once too common here, are finally getting closer to being in our rear view mirror.  Some Georgians will be eligible for additional help, while others may file claims for past foreclosure activities.  Worth noting is that we haven’t had a “bank failure Friday” post in a long, long time.  Our real estate market is much healthier now than it was just 3 years ago.  With that, so is our banking sector.  While this item necessarily looks back, it’s equally important to note that Georgia’s banks and realtors are looking forward.  Press release is as follows:

Georgia Reaches $550 Million Joint State-Federal Settlement with SunTrust to Address Mortgage Loan Origination, Servicing, and Foreclosure Problems

Agreement to provide certain Georgia borrowers with loan modifications; foreclosed SunTrust loans may be eligible for payments

 Attorney General Sam Olens today announced a $550 million joint state-federal settlement with mortgage lender and servicer SunTrust Mortgage Inc. to address mortgage origination, servicing, and foreclosure problems.

 

The three-year settlement provides direct payments to Georgia borrowers for past foreclosure problems, loan modifications and other relief for borrowers in need of assistance, heightened mortgage servicing standards, and grants oversight authority to an independent monitor.

 

The settlement includes Georgia and 48 other states, the District of Columbia, the U.S. Department of Justice (DOJ), the U.S. Department of Housing and Urban Development (HUD), and the Consumer Financial Protection Bureau (CFPB).

 

SunTrust Agreement Closely Mirrors National Mortgage Settlement

The agreement’s mortgage servicing terms largely mirrors the 2012 National Mortgage Settlement (NMS) reached in February 2012 between the federal government, 49 state attorneys general, including Georgia, and the five largest national mortgage servicers.  That agreement has provided consumers nationwide with more than $50 billion in direct relief, created heightened servicing standards, and implemented independent oversight.

 

Loan Modifications

The agreement requires SunTrust to provide certain Georgia borrowers with loan modifications or other relief.  The modifications, which SunTrust chooses through an extensive list of options, include principal reductions and refinancing for underwater mortgages.  SunTrust decides how many loans and which loans to modify, but must meet certain minimum targets.  Because SunTrust receives only partial settlement credit for many types of loan modifications, the settlement will provide relief to borrowers that will exceed the overall minimum amount.

 

More information about the loan modification process will be released at a later date, though current borrowers with loans serviced by SunTrust can contact the company directly with questions.

 

Payments to Borrowers

Eligible Georgia borrowers whose loans were serviced by SunTrust and who lost their home to foreclosure from January 1, 2008 through December 31, 2013 and encountered servicing abuse will be eligible for a payment from the national $40 million fund for payments to borrowers.  The borrower payment amount will depend on how many borrowers file claims.

 

Eligible borrowers will be contacted about how to qualify for payments.

 

New Mortgage Servicing Standards

The settlement requires SunTrust to substantially change how it services mortgage loans, handles foreclosures, and ensures the accuracy of information provided in federal bankruptcy court.

 

The terms will prevent past foreclosure abuses, such as robo-signing, improper documentation and lost paperwork.

 

The settlement creates dozens of new consumer protections and standards, including:

  • Making foreclosure a last resort by first requiring SunTrust to evaluate homeowners for other loss mitigation options;
  • Restricting foreclosure while the homeowner is being considered for a loan modification;
  • New procedures and timelines for reviewing loan modification applications;
  • Giving homeowners the right to appeal denials;
  • Requiring a single point of contact for borrowers seeking information about their loans and maintaining adequate staff to handle calls.

 

Independent Monitor

The National Mortgage Settlement’s independent monitor, Joseph A. Smith Jr., will oversee SunTrust agreement compliance.  Smith served as the North Carolina Commissioner of Banks from 2002 until 2012, and is also the former Chairman of the Conference of State Banks Supervisors (CSBS).  Smith will oversee implementation of the servicing standards required by the agreement; impose penalties of up to $1 million per violation (or up to $5 million for certain repeat violations); and issue regular public reports that identify any quarter in which a servicer fell short of the standards imposed in the settlement.

 

About SunTrust

SunTrust, headquartered in Richmond, Virginia, is a wholly-owned subsidiary of SunTrust Banks Inc., a bank and financial services company headquartered in Atlanta, Georgia.

{ 4 comments… read them below or add one }

Ed June 17, 2014 at 4:44 pm

I put in the morning reads for tomorrow. Georgia and 48 other states were part of the settlement. Total cost for the bank: $968 million.

xdog June 17, 2014 at 5:43 pm

So which state isn’t part of the agreement? Maybe Delaware?

DrGonzo June 17, 2014 at 5:55 pm

Anyone who banks with SunTrust – or any big, for-profit bank for that matter – is just asking to be ripped off.

Local banks. Credit unions. That’s where your money should be.

Tell BankofAmericaWellsFargoSuntrustwhatever to shove it until they pare themselves down to a size that isn’t ‘too big to fail.’

notsplost June 18, 2014 at 10:43 am

The national mortgage settlement is basically a fig-leaf for the big banks, to make it appear that they are cleaning up the mess they created and barely penalizes them for their criminal activities:

http://www.nakedcapitalism.com/2014/03/just-83000-homeowners-get-first-lien-principal-reductions-national-mortgage-settlement-90-percent-less-promised.html

Basically hardly anyone got first-lien principal reductions – most of the “reductions” were second-lien HELOC’s that would have gotten written off anyways. Or the banks got credited for allowing deficiency waivers in non-recourse states like Georgia.

Oh well, at least Georgia didn’t use $350 million from the national settlement to plug a budget hole like California did.