Real Estate Sachs to stop controversial mortgage-related practices Fed calls for independent consultant

By Pallavi Gogoi

AP Business Writer

NEW YORK (AP) -- Goldman Sachs' mortgage subsidiary agreed last week to stop many of its controversial mortgage-related practices in a settlement with a New York state banking regulator.

The New York's Department of Financial Services and Banking Department said the settlement was a condition to Goldman Sachs Group Inc.'s sale of its Litton Loan Servicing subsidiary to a mortgage company Ocwen Financial Corp.

Also on Thursday the country's chief federal banking regulator, the Federal Reserve Board, announced a formal enforcement action against Goldman to address a pattern of misconduct and negligence in how it handled mortgage loans and foreclosures via Litton.

The Fed ordered Goldman to retain an independent consultant to review foreclosure proceedings initiated by Litton that were pending in 2009 and 2010. The Fed said the review is intended to provide remediation to borrowers who suffered financial injury as a result of wrongful foreclosures or other deficiencies identified in a review of the foreclosure process. The Fed said it also plans to announce monetary penalties.

As part of the New York deal, the Goldman subsidiary said it will stop the practice of robo-signing mortgage paperwork. Robo-signing came to light last fall when it was revealed that the largest banks had outsourced mortgage paperwork to processing companies that, in turn, hired unqualified people to sign thousands of mortgage affidavits without reviewing loan documents. The practice is illegal. Many documents were also notarized in a way that violates state law. The findings led to a temporary halt to most mortgage foreclosures in the fall of 2010.

Benjamin Lawsky, who took over as the Superintendent of the Department of Financial Services in May, was in charge of approving Goldman's $264 million deal in June to sell Litton to Ocwen.

Lawsky used his approval power to address shoddy mortgage practices at Litton. The agreement does not impact other large banks and mortgage companies.

Goldman, Litton and Ocwen also agreed to withdraw pending foreclosures if affidavits were robo-signed or inaccurate. The settlement requires the company to either return property that was wrongfully sold back to the original borrowers or provide compensation.

Published: Mon, Sep 5, 2011

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