Sen. Boxer Seeks Investigation Into Banks' Non-Compliance in Servicer Settlement – NMP Skip to main content

Sen. Boxer Seeks Investigation Into Banks' Non-Compliance in Servicer Settlement

Apr 14, 2013

U.S. Sen. Barbara Boxer (D-CA) has urged federal officials to launch an investigation of reports that banks are failing to comply with the terms of the Nationwide Mortgage Servicing Settlement, and to take action to ensure that banks live up to their legal obligations to consumers. In a letter to Servicing Monitoring Committee members Attorney General Eric Holder, Secretary of the U.S. Department of Housing & Urban Development (HUD) Shaun Donovan and National Mortgage Settlement Monitor Joseph Smith, Senator Boxer wrote, “I am extremely concerned over reports that banks continue to violate the rights of homeowners and the terms of the National Mortgage Settlement (NMS). As a condition of the NMS, participating banks agreed to ensure certain basic consumer protections in exchange for legal relief. However, while the banks have been relieved of that legal uncertainty, struggling homeowners continue to face a seemingly patchwork system that leaves them at risk of losing their homes.” Sen. Boxer expressed concern with the results of a survey of California housing counselors – representing hundreds of thousands of borrowers – who reported that big banks were frequently failing to implement reforms in the NMS designed to protect borrowers from foreclosure while negotiating a modification and ensure that banks communicate clearly with borrowers and respond to applications for loan modifications in a timely manner. The survey also found that banks continue to lose documents and improperly deny qualified homeowners – especially those in vulnerable populations – the opportunity to remain in their homes. “I strongly urge you to investigate the violations reported in this survey and to hold the banks accountable by taking strong enforcement actions,” Sen. Boxer wrote. “Too many Californians already have lost their homes unnecessarily during the foreclosure crisis due to bank malfeasance or error. It is essential that you take swift action to ensure that the banks are meeting their obligations under the terms of the settlement and that struggling homeowners receive the assistance they need.” The full text of the letter follows: Dear Attorney General Holder, Secretary Donovan, and Mr. Smith: I am extremely concerned over reports that banks continue to violate the rights of homeowners and the terms of the National Mortgage Settlement (NMS). As a condition of the NMS, participating banks agreed to ensure certain basic consumer protections in exchange for legal relief. However, while the banks have been relieved of that legal uncertainty, struggling homeowners continue to face a seemingly patchwork system that leaves them at risk of losing their homes. A recent survey of housing counselors in my own state of California found widespread violations of the NMS. Among the most troubling findings of the survey, which was conducted by the California Reinvestment Coalition, large majorities of counselors reported that despite the settlement’s requirements, the largest banks still frequently were failing to: Provide borrowers with a Single Point of Contact who was accessible, consistent or knowledgeable; Stop the foreclosure process while borrowers were negotiating in good faith for a loan modification – a practice known as dual tracking; or Honor timelines for responding to, and deciding upon, borrower applications for loan modifications. In addition, the survey found that the banks continue to lose documents and improperly deny borrowers the assistance they seek to stay in their homes. These violations have meant that California homeowners – especially those in the most vulnerable populations – still are not receiving the assistance they need to stay in their homes, causing unnecessary harm to families, neighborhoods, and the state's economy. I strongly urge you to investigate the violations reported in this survey and to hold the banks accountable by taking strong enforcement actions. Too many Californians already have lost their homes unnecessarily during the foreclosure crisis due to bank malfeasance or error. It is essential that you take swift action to ensure that the banks are meeting their obligations under the terms of the settlement and that struggling homeowners receive the assistance they need. Sincerely, Barbara Boxer United States Senator
About the author
Published
Apr 14, 2013
Jobs Report Comes In Weak After Mortgage Rates Surge

Employers added just 29,000 jobs in September, sending Treasury yields lower and offering a potential counterweight to the recent rise in mortgage rates

Oct 02, 2026
Price Cuts Hit Four-Year High As Mortgage Rates Top 7%

More than one in five listings took a price cut in September, but pending sales still posted their sharpest annual decline since March 2025

Oct 01, 2026
Serious Mortgage Delinquencies Rise 19% After Five Months Of Improvement

ICE data shows 574,000 mortgages were at least 90 days past due in August, while early-stage delinquencies remained below year-ago levels

Sep 29, 2026
Smaller Down Payments Give Buyers More Room, But Rates Limit The Savings

The typical down payment fell 9% from a year ago, while shifting market conditions are giving originators different affordability conversations across the country

Sep 25, 2026
Mortgage Rates Break 7% Just As Builders Find A Way To Move Buyers

New-home sales rose 6.4% in August as builders cut prices, offered incentives, and sold more lower-priced homes. Now mortgage rates are moving against buyers again

Sep 25, 2026
Borrowers Want Digital Closings, But Some Originators Remain Hesitant

ServiceLink finds 45% of surveyed LOs cite borrower reluctance as a barrier, even though most recent buyers say digital options would influence their choice of mortgage provider

Sep 23, 2026