The National Association of Consumer Advocates, the National Association of Consumer Bankruptcy Attorneys and the National Consumer Law Center have released the results of a survey showing that “mortgage servicers continue to initiate foreclosure proceedings improperly, either while a homeowner is awaiting a loan modification or due to improper fees or payment processing.” And it’s occurring even after the services signed an earlier settlement to end the practices.

The New York Times today looks at single point of contact, a standard for servicing which has been mandated on at least a couple of occasions, without success. Requiring a single point of access has been required in settlements before, but consumer advocates say little has changed, leaving us to wonder whether any of the new settlement terms will be enforced.

I think I’ve made my position on the foreclosure fraud settlement pretty clear. Nevertheless, there’s a time to stew and a time to figure out how to make this work as well as possible. I think there are some tangible steps that can be taken, if not to improve the deal, then to improve housing policy overall to the benefit of homeowners rather than bank balance sheets.

If you thought the foreclosure fraud settlement was bad, get this: the Office of the Comptroller of the Currency, the weakest federal regulator in the financial sphere (I’ve taken to calling them the Office of Bank Advocacy), decided to use the cover of the big settlement to announce their fines in their consent order with big bank servicers.

Housing and Urban Development Secretary Shaun Donovan mostly confirmed that private-label mortgage-backed securities investors, not banks or servicers, will end up shouldering the cost of much of the imminent foreclosure fraud settlement despite the risk of litigation from investors who are likely to challenge the forced losses on their securities in court.

On a small conference call for progressive media, Donovan claimed that the money available in the settlement for principal reduction for underwater borrowers would actually come to $35-$40 billion, over double the $17 billion in nominal principal reduction that has been widely reported.

I didn’t think much of the HAMP changes announced last Friday, but my pessimism mainly came from the fact that HAMP itself is an irreparably damaged program that nobody wants to use. There’s also the point that the GSEs are generally uninterested in a principal reduction program, and servicers are conflicted. There’s little reason to hope these changes will help much.

There is a path to a stronger settlement that includes a whole lot more elements than a narrow release of liability. It includes serious enforcement with an independent court-appointed monitor that has actual authority and the ability to impose penalties. It includes real nationwide servicing standards that include an auditing of the servicing software and account records to check for systemic fraud, and much more.

Former Obama Administration transition official Mike Lux was the first to report that the liability release on foreclosure fraud “looks tight.” In other words, the release is limited to mostly post-crisis conduct, basically robo-signing and servicer abuse. Private right of action would still be available under any settlement – Attorneys General cannot stop the right of an individual to sue over misconduct – and there would be no criminal liability release. In addition, these avenues of inquiry would still be available.

This is a $25 billion settlement when there is $700 billion in negative equity in the country. This is a settlement that, according to HUD Secretary Shaun Donovan, will help 1 million homeowners, when 10.7 million are underwater and millions of others have been wrongfully foreclosed upon. This is a settlement that could put $17 billion of credits toward principal reduction (the rest of the money would go to legal aid, refis, short sales, token payoffs to foreclosed borrowers, and penalties), when there is more than twice as much sitting unused in an account as part of HAMP.

NYT reporter Louise Story reports on a new investigation in New York of big banks and their mortgage practices. This one is not being run by Attorney General Eric Schneiderman, though he reserves the right to get involved. Instead, the New York Department of Financial Services is investigating the banks on the issue of forced-place mortgage insurance, one of the biggest bank scams going.