mortgage aidThere have been too many news regarding errors on foreclosures and the paperwork that accompanies it. Given that homeowners on default have the option for loan modification, it is a wonder why banks do not just go that route. An attorney with the National Consumer Law Center gives the reason behind this.

National Consumer Law Center’s Diane Thompson explained why banks and servicers would rather foreclose than modify loans even if it’s being predicted that soon foreclosures will outnumber loan modifications by approximately two million foreclosures to 1.7 million modifications. According to her, those who service loans – does the paperwork, sends out bills, and collects monthly mortgage payments – actually earn more for foreclosing homes rather than modifying loans.

Investors do pay for routine work like collecting and passing mortgage payments. This is a small percentage though, comparing to how much servicers will get for foreclosing on homes. With foreclosures, servicers keep the late fees collected and all the other fees associated with foreclosure. But if a servicer fails to grant a modification, there are no penalties given.


“The easiest way for servicers to make money continues to be through fees that get tacked on in a foreclosure process, not through anything else. And there’s no penalty for their failure to pursue a modification. Until you make it cost them something not to pursue a modification, then you’re going to see them continue going down the path of least resistance which is to do foreclosure,” Thompson says.

Wells Fargo , through communications consultant Jason Menke, disagrees saying that the bank only forecloses after all options are considered. Menke further explains in an e-mail that Wells Fargo’s foreclosure rate is only three-fourths of the industry average. Both Deutsche Bank and Bank of America have not provided any comments.

Servicers are now facing the wrath of homeowners who have been denied loan modification and had their properties foreclosed. A New York lawyer who defends these homeowners says that some of those who faced foreclosure were not even in default. These homeowners duly paid their mortgages but went into default because banks told them they can only qualify for loan modification if they were 60 to 90 days in default.