| NEW YORK/WASHINGTON
NEW YORK/WASHINGTON May 29 The U.S. Attorney's
office in Manhattan is investigating at least five banks over
whether they overcharged the government for expenses incurred
during foreclosures on federally backed home loans, filings and
PNC Financial Services Group Inc, PHH Corp,
MetLife Inc, Santander Holdings USA Inc and Citizens
Financial Group Inc, the U.S. unit of Royal Bank of Scotland
, have all disclosed in filings with the Securities and
Exchange Commission that they've received subpoenas. U.S.
Attorney Preet Bharara's office is seeking information on claims
on foreclosed loans insured by the Federal Housing
Administration or guaranteed by Fannie Mae and Freddie Mac,
according to records reviewed by Reuters.
The subpoenas, coming years after the height of the
foreclosure crisis, seek information about banks'
foreclosure-related expenses, which generally include court
filings and posting or mailing legal notices.
"You've got a lot of people trying to clean up the servicing
industry, but the truth is we are seeing the same servicing
problems over and over," said Ira Rheingold, director of the
National Association of Consumer Advocates in Washington. "It
was built into the model to charge as many fees as they could."
At least one of the subpoenas sent to a bank specifically
asks about expenses by New York law firms, one person familiar
with the matter said.
The probe is being conducted pursuant to the Financial
Institutions Reform, Recovery and Enforcement Act, according to
Citizens Financial, which on May 12 became the most recent bank
to disclose receiving a subpoena. Passed in response to the
savings-and-loan crisis of the 1980s, the law has become a key
tool of the Justice Department in pursuing cases against banks.
An earlier investigation by Bharara's office of the improper
approval of FHA-insured loans relied on FIRREA as well as
another law, the False Claims Act, and resulted in $1.1 billion
in settlements with JPMorgan Chase & Co, Deutsche Bank AG,
Citigroup Inc and Flagstar Bancorp. In another case being
pursued under FIRREA, Bharara's office has been seeking $2.1
billion from Bank of America Corp after a federal jury last year
found it liable for fraud over defective mortgages sold by its
Countrywide unit to Fannie and Freddie.
About 10 percent of the loans serviced by large U.S.
servicers between 2009 and 2012 were either delinquent or in
foreclosure, according to industry publication Inside Mortgage
Finance. The total amount of the loans is between $6 trillion
and $7 trillion.
Representatives for Bharara, the Department of Housing and
Urban Development, which oversees FHA, Fannie Mae, and Fannie
and Freddie's regulator, the Federal Housing Finance Agency,
declined comment. Freddie Mac spokesman Brad German said the
company is aware of the investigation and "cooperating fully."
PNC, Citizens, Santander, and MetLife declined comment. PHH
didn't respond to requests for comment.
PROBE OF LAW FIRMS
In their SEC disclosures, three banks said they received
subpoenas in May 2013. While the disclosures do not provide much
detail on the scope of the probe, two banks, PNC and MetLife,
said federal authorities are looking at foreclosure-related
costs incurred by law firms. MetLife said the Justice Department
is looking at its supervision of those expenses.
Similar expenses are the subject of the separate probe by
Colorado Attorney General John Suthers, who is examining whether
at least five local law firms misrepresented costs on a
foreclosure and ultimately passed them on to prospective
purchasers, investors, and taxpayers, in violation of Colorado
consumer protection laws, according to court filings.
Foreclosures generally cost between $1,000 and $3,000,
depending on the state and type of foreclosure, with the bulk
going to legal fees. Other expenses, including posting and
mailing notices, court filing costs and title searches, add to
the total bill.
The law firms under investigation in Colorado allegedly
represented expenses that were much higher than their actual
costs, in some cases by hundreds of dollars. One firm charged
$150 for posting a notice on the door of a property in
foreclosure, even though the market rate for that service was
about $25, according to the allegations.
Another allegedly represented court filing costs between $42
and $224 more than it was actually paying.
Since October 2011, FHFA has directed Fannie and Freddie to
require mortgage servicers to select law firms that meet certain
criteria. Previously, the two companies, which together own or
guarantee about 60 percent of all U.S. home loans, had directed
servicers to use only lawyers that appeared on a list of firms
approved by them.
(Editing by Caren Bohan and John Pickering)