Skip to content
Subscribe

Despite settlement, no end in sight to Foreclosuregate

Published:

An audit of hundreds of foreclosures in San Francisco by the city's assessor-recorder reveals that 99 percent of loans contain at least one irregularity. Auditors uncovered "what appear to be one or more clear violations of law" in a vast majority (84 percent) of cases.

The audit was commissioned by the office of Phil Ting last Fall after homeowners involved in foreclosure suits complained to Ting that their property records contained inconsistencies or were missing documents. Nearly 400 of the 2,400 foreclosure sales that took place citywide between January 2009 and October 2011 were included in the audit. Ting's office calls the report the "first public study to provide a rigorous, quantifiable analysis of foreclosure practices" in California.

The audit found that corporations who lacked the proper legal standing to foreclose were allowed to do so anyway in 85 percent of cases. It also revealed that 82 percent of the loans contained “suspicious activity," including “backdating” and “fabrication of documents." The mortgage servicers involved in the foreclosures were not identified in the report.

"State law dictates how the mortgage industry must file those records," reads a statement from Ting's office."How can we expect homeowners to have a fighting chance of saving their homes when they can’t even find who currently owns their debt?”

The auditors say in their report that the results paint an “accurate picture” of the mortgage industry's failure to comply with state foreclosure laws.

Ting announced the results on Wednesday, almost one week after a coalition of state attorney generals settled with the nation's five largest banks on a multi-billion dollar package. A portion of the $18 billion secured for California by State AG Kamala Harris will go to reducing principals on loans and a much smaller part toward damages to homeowners who lost their homes as a result of mortgage fraud. In exchange, the banks are to be released from civil liability for fraudulent lending practices.

The analysts said in their report that the settlement "does not resolve most of the issues" that were uncovered. Ting has turned over the report to the city attorney, San Francisco district attorney and Harris's office.

Adhere to the IVN etiquette

By posting a comment, you agree to adhere to our etiquette rules: No partisan attacks, no personal attacks, substantiate your sources, no self-promotion.

Contact IVN

Questions about this article or our coverage? Send us a message. A free IVN member account is required.

Message sent

Thanks, we’ll review it and get back to you if needed.

Message not sent

Sorry, something went wrong. Please try again.

Sign in to send a message

Messages are tied to your IVN member account. Signing in is free and takes a few seconds.

Contact IVN

Questions about this article or our coverage? Send us a message. A free IVN member account is required.

Message sent

Thanks, we’ll review it and get back to you if needed.

Message not sent

Sorry, something went wrong. Please try again.

Sign in to send a message

Messages are tied to your IVN member account. Signing in is free and takes a few seconds.

Republish this article

Republishing guidelines

Republish IVN articles for free. Independent Voter News articles may be republished online or in print under a Creative Commons BY-NC-ND 4.0 license, on these terms:

  1. Credit the author and IVN. Keep the byline ("By Author Name, Independent Voter News") and the attribution note at the end, which links to the original.
  2. Keep the meaning. You may update time and place references and apply your house style. You may trim for length, as long as the cuts don't change the meaning or misrepresent the author. Keep the headline. Mark any additions as your own (for example "Additional reporting by ...").
  3. Translations are welcome. Translate faithfully, add "Translated from English by [your outlet]", and tell us at editor@ivn.us.
  4. Keep the links, including the link to the original article.
  5. Keep the tracking image. The HTML includes a 1-pixel image that counts readers on your page. It collects no personal information.
  6. Photos and illustrations. Images credited to IVN may be used with this article only. Images credited to others (AP, Getty, Unsplash, Wikimedia and so on) stay under their owners' terms. Secure the rights or switch "Include images" off.
  7. Don't sell it. You can't sell our articles or sell ads specifically against them. Your normal site advertising is fine.
  8. No implied endorsement. Don't suggest that IVN or the author endorses you, your candidates or your causes, or that donations to you support IVN.
  9. Keep labels. Opinion or analysis pieces keep that label.
  10. Point search engines to the original. Where your CMS allows, set the canonical URL to the original IVN article.
  11. No bulk or automated republishing, and don't submit our articles to aggregators (Apple News, Google News, MSN) as your own.
  12. Corrections and removals. Update your copy when we correct it, and remove it promptly if we ask. We'll contact you at the email you give us.
  13. Questions or print republication: editor@ivn.us.

IVN staff: fill in who you're inviting above, then create the invite.

Preparing the article

Despite settlement, no end in sight to Foreclosuregate

Choose a format
  • HTML
  • Email HTML
  • Markdown
  • Formatted (.docx)
  • Plain text
  • WordPress blocks
  • PDF
Choose a platform

Photos credited to others need their owners' permission.

To for

Republishing somewhere else? Questions? editor@ivn.us