Fitch Sees Trouble Ahead Due to Foreclosure Probes

Due to growing concerns raised by the GMAC foreclosure scandal, Fitch Ratings believes loss severities on residential MBS could worsen, and is warning servicers to double-check how they foreclose on troubled loans.

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In a new notice to servicers, Fitch said that if it determines a firm's "processes are not adequate and remedial actions are not sufficiently robust," it will take rating actions against companies.

GMAC/Residential Capital Corp., the mortgage arm of Ally Financial, is under investigation by a handful of states for shortcomings in its foreclosure practices.  Ally has temporarily suspended certain foreclosures in 23 states.

Fitch said that "depending  on  the  required  actions  to  remedy" foreclosure problems "materially lengthened  liquidation  timelines  and  increased  legal costs may lead to higher  loss  severities  for affected RMBS transactions."

It added that high  loss  severities already projected on defaulted loans in these states will  limit  the  initial  magnitude  of  any  negative  rating actions.  But Fitch warns that state probes "may highlight weaknesses in the processes, controls, and procedures of certain RMBS servicers and may lead to servicer rating downgrades."

The rating agency said while most of the media coverage has centered on Ally/GMAC, "Any servicer  with  a  significant  portion of their portfolio  in  judicial  foreclosure  states  will  be  either  directly or indirectly  impacted  by the attention focused on this problem."


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