On December 8, 2017, the Internal Revenue Service (IRS) made changes to its authentication system. This is the system that verifies tax returns that mortgage applicants provide. The system is known as the Income Verification Express System (IVES) and is in place to make sure tax returns aren’t fraudulent. Within five days of the changes, on December 13, mortgage groups were finding problems with the new system. Other groups said problems with the changes began almost immediat

Ocwen Financial Corp. (OCN) subservices all the mortgage loans for Home Loan Servicing Solutions (HLSS). Mangrove Partners is an investment manager (hedge funds) and one of the largest shareholders of HLSS. HLSS is an affiliate of Ocwen. Mangrove Partners sent HLSS a letter demanding HLSS terminate its business relationship with Ocwen. Mangrove Partners sites a “dereliction of duty” and said it is “imperative” HLSS terminate its servicing relationship with Ocwen “without dela

Ocwen Financial Corp. faced major problems throughout 2014. It seems this year will be more of the same. Announced Friday, January 26th, Ocwen will hire outside accountants and pay $2.5 million to the state of California in exchange for the state to halt their bid to suspend the company’s license. California state regulators previously announced Ocwen failed to comply with providing them with loan information as requested. This latest settlement only covers Ocwen’s failure t

In what some are saying is an innovative lawsuit, a group has filed a lawsuit in Ohio, alleging lenders who failed to take required mitigation steps prior to foreclosing on mortgages guaranteed by the Federal Housing Administration (FHA) under the authority of the U.S. Department of Housing and Urban Development (HUD) have violated the False Claims Act. When a borrower defaults on an FHA-guaranteed mortgage, the FHA reimburses the lending bank for the losses. A condition of e

Excited to announce that Keith Gantenbein, of Gantenbein Law Firm, has been invited to teach at a 2-day National CLE, starting today, sponsored by the American Bankruptcy Institute (ABI). Mr. Gantenbein will be speaking about some of his most passionate issues: the Rule 120 Foreclosure Hearing in Colorado, Dual-Tracking, and CFPB (Consumer Finanacial Protection Bureau) Rules and Regulations, as they relate to mortgages. If you have an issue with your loan modification, mortag

A couple living in New England are facing another battle after losing their home to foreclosure. Their mortgage insurance company is suing them for $136,000. The Galindo’s came to the U.S. to build a better life for themselves and their toddler daughter. They worked hard and bought a two-family house in 2005 for $410,000. They didn’t have the money saved to make a large down payment so their lender required they buy an insurance policy in order to qualify for the mortgage. T

Denver tax attorney Tyler Murray, of Gantenbein Law Firm, taught tax case law updates at Colorado Bar Association CLE. The 2014 Annual Case Law Update was sponsored by the Business, Real Estate, Tax & Estate Law Sections of the Colorado Bar Association. Mr. Murray dicussed various legislative updates that pertained to tax law, business law and real estate law- including sales and use tax, property tax, employee classification, and Denver Lodges tax. Mr. Murray is a well-estab

California is accusing Ocwen of defying requests for information by the California Department of Business Oversight, which is the licensing bureau for nonbank mortgage lenders and providers of collection and foreclosure services. The state is now seeking to suspend Ocwen’s mortgage license because Ocwen has failed to turn over documentation showing compliance with California laws protecting homeowners. There have been investigations nationwide into Ocwen and other nonbank ser

A court recently ruled in favor of a Florida couple who were in foreclosure, and awarded them over $1 Million. Bank of America, the foreclosing bank, robo-called the couple more than 700 times over a period of several years. The judge rules BOA's conduct as a pattern of "outrageous, abusive and harrassing conduct." Nelson and Joyce Coniglio fell behind on their mortgage payments in 2009. When BOA acquired the loan from now-defunct Countrywide, they started harrassing phone ca

The Mortgage Forgiveness Debt Relief Act was passed in 2007, and allowed homeowners the protection of forgiving mortgage debt. Mortgage debt includes: principal balance forgiveness, waiver of debt in a short sale, waiver of debt in a deed-in-lieu, any deficiency waiver, as well as charged-off second mortgages. Prior to the passage of the MFDRA, homeowners would have to declare any forgiven debt as 'income', and would be taxed on that 'income.' MFDRA provided financial relief