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Simply put, the problem with the housing market right now,[link widoczny dla zalogowanych], not the problem for investors or banks but the problem for the people living in the homes, is that it has become more lucrative for many servicers to foreclose on the property than to work out a modification. That changes all of the incentives around housing, and makes fraud attractive. That the system was swamped with calls for modifications after pushing people into loans that they couldn’t afford when they recast makes fraud all the more attractive. Foreclosure pays in particular for servicers who don’t also own the loan: for them, they’d rather pay a foreclosure mill a flat rate to process the homes rather than pay more staff to do person-to-person modifications and all the things that go with that: verification of income, negotiation, etc. This happens to be, in most cases, the mega-servicers who are owned by the big banks.
Reversing the incentives. (photo: The Doctr on Flickr)
And foreclosure not only pays for servicers, it really pays off for the foreclosure mill law firms, who can process this stuff at a rapid pace and, until the revelations, get judgments with virtually no opposition. And lo and behold, Wall Street private equity firms are behind the foreclosure mills in some cases. The lawsuit on behalf of homeowners claims that Great Hill Partners, a private equity firm, has benefited from what the lawsuit calls an illegal fee-splitting arrangement between Prommis Solutions and several of the busiest foreclosure law firms it controls. Great Hills is the biggest stakeholder in Prommis, a company that acts as a middleman between mortgage servicers and law firms. A lawyer for Prommis rejected that claim,[link widoczny dla zalogowanych], and officials of Great Hill Partners did not respond to inquiries. But a review of public filings,[link widoczny dla zalogowanych], company news releases and other public statements shows that several private equity firms or entities they control have stakes in the business operations of some of the busiest foreclosure law firms in New York, California, Connecticut, Florida, Georgia and Texas. Cue the line about Wall Street sticking its blood funnel into anything that makes money. Prommis Solutions adds nothing of value but is just a go-between for the servicers and the foreclosure mills. They just skim off the top. And their profit margins are likely pretty low, and so they encourage cost-cutting measures: