Banks have been sloppy in their documentation of the mortgage loans. Fannie Mae and Freddie Mac allege that underwriting guidelines have been violated. As a result, investors and the government agencies are fighting to get banks to repurchase the faulty loans.
There have been many questionable aspects of the underwriting process for home loans. It was revealed that during the housing boom, many bank staff cut corners by rubber-stamping thousands of court documents without verifying the accuracy of the information contained, such as how much borrowers owed and how behind they were on payments. The resulting legal quagmire undermines the ability to evict delinquent homeowners and put those houses back on the market, an important step towards a housing recovery.
Banks, in their haste to securitising trusts for sale, they cut corners by assigning the loans in blank form and planned to fill in the paperwork later.
To cut costs, banks came up with a digital registry known as Mortgage Electronic Registration System, Mers. Supposedly, the system would give the banks the right to foreclose on any of those properties if borrowers stop paying. However, recent rulings has said that Mers is no more than a placeholder and cannot bring foreclosure actions on behalf of the bank. In fact, it is unclear whether the banks technically own the mortgages with the usage of Mers.
Worst case scenarios of the foreclosure crisis are not expected to put banks out of business, but they are expected to slow earnings.