Thirty-one of the thirty-four House Democrats in California, including Speaker Nancy Pelosi, have released a letter to Eric Holder, Ben Bernanke and John Dugan of the Office of the Comptroller of the Currency, calling for investigations for “violations of law or regulations” by the nation’s top financial institutions, with respect to the mortgage and foreclosure crisis. California has one of the nation’s hardest-hit housing markets.
Crucially, the letter links the violations by lenders in dealing with mortgage modifications and foreclosures, painting a picture of an industry unwilling to take a smaller profit on their homes and unable to operate in a scrupulous way in foreclosing on homes, resorting to document forgery and outright fraud. And the California Democrats aren’t just armed with a letter, but a series of case studies from their constituents, showing problems with untimely and inconsistent communication from lenders to borrowers, misrepresentation of trial modifications and other bad faith dealings by the banks. The 20-page document is a treasure trove of stories not unlike my portrait of HAMP failure, showing the banks screwing with their customers repeatedly. I’ll just reprint one, but I urge you to peruse the whole thing, because it gives the proper impression of a systemic failure:
After losing their son in lraq, constituents were faced with the possible foreclosure of their home. They reached out to NACA to assist them in modiffing their loan with Bank of America. NACA informed them that BOA stated they could not assist the borrowers because the borrowers were current on their payments. BOA then began to threaten the constituents with foreclosure if the bank did not receive 4 months of payments it claimed were not paid. Constituents have proof that they sent the payments and stated they were making their payments in full and on time. Constituents said BOA was holding onto the payments and not depositing them until the end of the month. Freddie Mac, which owned the loan, spoke with the homeowners in an attempt to resolve the problems.
It just goes on like that for 20 pages. This is some amazing work by the California House Dems.
As I mentioned, the entire delegation signed on to this letter, organized by Zoe Lofgren, except for three: Dennis Cardoza, Brad Sherman and Susan Davis. Cardoza has his own legislation and has done a tremendous amount of work on the foreclosure crisis, so perhaps he just wanted to keep separate. I have no idea on Sherman and Davis. But the entire rest of the delegation climbed aboard, and that includes the House Speaker, Chairs of the Energy and Commerce, Education and Labor, Foreign Affairs and Veterans Committees; co-chair of the Congressional Progressive Caucus and the head of the Congressional Black Caucus, along with at least five Blue Dog Democrats and several New Democrats. A broad cross-section of House Democrats, in terms of influence and ideology, in other words, want to see criminal investigations into the mortgage industry.
The only thing I take issue with here is that Congress blames this entirely on the banks and not the design of the foreclosure mitigation system from the Treasury Department. It’s true that Congress had little say over that design, however, and their reams of documentation on the struggles of their constituents should make it painfully clear that a better way is needed here.
UPDATE: I should add that California is not a state which requires judicial sign-off for foreclosures, and as a result the evictions are expected to continue unabated. All the more reason why it’s important for the California House Dems to speak out like this.
The letter is on the flip.
Dear Attorney General Holder, Chairman Bernanke and Comptroller Dugan,
As members of the California Democratic Congressional Delegation, we urge you and your respective agencies to investigate possible violations of law or regulations by financial institutions in their handling of delinquent mortgages, mortgage modifications, an foreclosures.
Over the last few years, thousands of our constituents have reported that many financial institutions, despite good faith efforts on the part of most homeowners to work out reasonable loan modifications or simply seek forbearance of foreclosute, routinely fail to respond in a timely manner, misplace requested documents, and send mixed signals about the requirements that need to be met to avoid foreclosures. We are particularly perplexed by this apparent pattern in light of the many incentives Congress and the Obama Administration have offered to servicers and lenders to avoid foreclosures where financially viable, including subsidies and loan guarantees from taxpayers. Avoidable foreclosures end up being unnecessarily costly for homeowners, lenders and servicers, and our housing market, whose health is essential to our economic recovery.
The apparent pattern reported by our constituents leads us to conclude that their problems are not just personal anecdotes anymore. Recent reports that Ally Financial (formerly GMAC), JPMorgan, and Bank of America may have approved thousands of unwarranted foreclosures only amplify our concerns that $tstemic problems exist in the ways many financial institutions have dealt with homeowners who are seeking to avoid foreclosures.
We are now in the third year of the worst housing crisis we have seen in decades. Far too many families in California, and across the country, continue to lose their homes. While Congress and the Obama Administration have taken steps to help mitigate the housing problem, this devastation has persisted and, infact,worsened as the country’s unemployment rate increased.
We have heard numerous stories of financial institutions being uncooperative at best or misleading and acting in bad faith at worst. These heartbreaking stories are commonplace, persisting across the state and across lenders and servicers. As you can see from the attached document, which highlights examples of casework throughout California, it appears that banks have repeatedly misled and obstructed homeowners from receiving the help Congress and the Administration have sought to provide.
The excuses we have heard from financial institutions are simply not credible three years into this crisis. People in our districts are hurting. We have tried to help them in the face of the many challenges they have faced in their dealings with financial institutions. It is time that banks are held accountable for their practices that have left too many homeowners without real help.




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The response from Attorney General Holder, Chairman Bernanke and Comptroller Dugan will be crickets.
More kabuki. Not a word of truth in anything Pelosi says.
If Congress would take issue with HAMP I would expect the WH would curtly dismiss it as another group of whiny special interests seeing the glass 1/2 full and not all the Great Things We’ve Done. And trying to work with Congress is hard sez MSNBC’s Last Word Lawrence.
Another fuckin’ letter from House members. Then they’ll blame Holder for not investigating the people Congress aided and abetted during the housing bubble.
Lawrence of the Village. Far cry from Lawrence of Arabia.
Holder is a problem LooseHeadProps is all over Holder we need her to weigh in to see how effective Pelosi’s letter will be this may all be a shine on but yes the Lake isn’t Sailors desperate to see a woman.
Action is needed not letters to convince us we won’t be shined on.
Sorry if this duplicates an earlier post or diary. Brown issued this on Oct 1. Thought it might be relevant here.
http://www.housingwire.com/2010/10/01/california-ag-demands-jpmorgan-chase-halt-foreclosures-2
The House won’t investigate torture I wonder if Nancy by Nuremberg rules is a war criminal for covering it it up? Again we need the Lakes lawyers to weigh in.
Congress is just not going to go there in an election year (if ever). On the other hand, at least they’re doing something.
More first-rate reporting on this issue. Keep your boot on their necks.
Torture and other nefarious deeds are never gonna be investigated or prosecuted simply because doing so would put so many of the elite ruling class in jeopardy.
Frankly, I don’t think any country truly investigates its own institutionalized torture. I don’t think it will ever happen. I am disappointed that the developments in Spain had evaporated.
Thanks for the info David.
Have NO idea where this one will go, and comments so far look pretty jaded and tough on it all going NOWHERE . . . but at least MY rep, Matsui, signed onto the letter.
Nov of ’10 and ’12 are sure as shit gonna shock the Dem’s across the board, though. Regardless of what they do . . . they dug a hole with us proggies they can’t get out of.
I guess the congress critters missed the big CEO todo at the congressional hearings.
Says the CEO’s, “but, but, we just don’t have the staff to handle this problem”. This after all the massive layoffs, so that they could get more bonus monies!
This is such a fucking joke. Exile every last one of these dipshits. They had an opportunity to address this problem when they passed HAMP. Also before they passed TARP. They were too busy bending over (backwards, if you must) for the banks to care about the actual people that elected them. Now that some of them have their asses in the fire, they’re pandering to the exact people they sold out.
I’ve got a lot of friends with mandated health insurance, no homes, or no jobs (or all of the above) who would be glad to work for minimum wage, ferrying these assholes to Elba…
Don’t ask, don’t
tellgo the Hague.Problem is that Chase and GMAC aren’t complying with this. More tomorrow.
just for the record, Congress did not pass HAMP. It was a Treasury Department program, 100%. The House did pass cramdown in early ’09; it died in the Senate.
Ah, that pesky compliance problem. Thanks.
Like Obama’s solar panels, the timing is suspect. Right before the midterms. For many former homeowners it is already far too late!
Many thousands are already out of their homes and renting or boarding with relatives. Our Democratic Majority showered the predators with money via TARP and other tricks, instead of Nationalizing them and putting bankers on trial for fraud.
Far too little too late. And no Federal jobs program because Republicans don’t like the gubmint providing jobs (except jobs for them).
Thank you, good sir. Oversight on my part.
Or that vague terrorist alert in Europe. Sorry, but I always really really cynical during October of an election year. Very cynical.
Another Grand Symbolic Gesture. Dude is all show and no go.
Piss ant version of an October Surprise.
Holder preferred representing United Fruit Company against its workers it poisoned and/or shot because that’s the way Eric rolls.
dday, do you have friends in the California State Bar? they did some pretty informative sessions on the mortgage crisis and they might be able to pass on the powerpoint slide shows to you. (IANAL).
OTOH: They also had a session on dodd/frank which my friend said was incredibly positive on CDS. Ugh. my friend was relieved I wasn’t there, because I would have gone Rambo for sure. The presenter was inhouse counsel at one of the financial firms!!! (hair on fire)
Not a lawyer, but she most certainly would be invited to warm the accused seat if trials ever came to pass, which they won’t, of course.
All these politicians grandstanding now that the housing bubble s*it has hit the fan. Where the hell was Pelosi and the others when the bubble was going full tilt and making billions for Goldman etc.?
[Edited by Moderator. We don't go down this path at FDL]
It was a good rant anyway.
Do tell, Nancy. How is it that this family lost their son in Iraq?
OMG you’re alive! Way to delete your facebook account and never call me :(
Now now, we can’t advocate the killing of anyone here. You know that. Besides, I’d rather them be homeless, miserable and forced to fend for themselves.
Christ, finally.
Well you know it takes awhile for the congress critters to actually do something!
This is a post I agree with. This situation needs to be looked into closely.
OT (maybe) — Elizabeth Warren was interviewed on PBS Newshour during the first half hour of their first east coast feed at 6 pm. I plan to catch her during the second feed starting at 7 pm on the east coast. Her segment ended at 30 minutes into the feed, so it may start around 7:15 EDT or so.
Kabuki. And I’m tired of it. Here’s a couple of things they can do right now:
1) Congress keeps claiming it’s toothless because of the Senate – that’s not true – they have broad investigatory powers (which they are concerned the Republicans will use to investigate/impeach). Where are their investigations?
2) Dems should consider going on record as defending SS against cuts. I will not vote for my Senator or Congressman until I see them do that. I sent a letter which will get no response, but if we all did it – we might get noticed.
We have to get ready for the next war on the American people. We lost the last one – Wall St was bailed out with our money without significant investigation or reform. The next one is SS. Obama and the Dems will cut SS unless we stop them.
Quick take without reading the PDF linked by DDay: the cover letter is NOT a criminal referral. Not sure why DDay presumes Speaker is asking for criminal investigation rather than just civil enforcement (i.e., better supervision by U.S. Trustee in bankruptcy courts). Agree with majority of commenters who see the letter as a weak October surprise or a limp PR stunt on eve of midterms. Gotta run to watch Elizabeth Warren.
Will the lame duck session see the “compromise” tax proposal, or will all the time be used for show?
The DeFazio/Kaptur compromise extends the 2001 tax cuts for all small businesses(the folks that GOP claim they are protecting) as long as they businesses certify that they are manufacturing in the U.S., only hiring American citizens, and generally buying domestic content goods and materials. A simple certification that they are meeting common sense standards that its headquarters and manufacturing are in the United States, its manufacturing uses at least 75% domestic content, it verifies its workers using “E-Verify” and does not use temporary visas, and it has not outsourced its labor or manufacturing overseas, and the get the lower rates.
Seems like it is effectively promoting job creation.
I wonder if the GOP are interested. I wonder if Pelosi/Reid/Obama will bring it up – or will they claim they are forced to extend the tax cuts for the rich because they could not find 41 Dem Senators to filibuster a bill that sucks up to the rich and corporate?
http://www.hhs.gov/news/press/2010pres/09/20100930c.html
The above is the notice that says Obama has killed the main consumer items in health care reform – the new rule that says 80% of your premium must go toward actual claims and that the benefits in the employer plan must meet minimum standards.
The McDonald’s plan of max $2000 in claims in any one year, high co-pays, and $10,000 lifetime is all waived on passed the reform law into the future.
I do not think so. They will lose by a land-slide if they said they wanted tax cuts for billionaires. They avoided the problem by classifying billionaires as small business.
I would like to commend DeFazio/Kaptur for writing a bill which is not only good for America but extremely effective for local job creation. That effective aspect almost ends its chances because if America starts producing stuff as it used to do all those American investors investments in Totalitarian regimes will become sour. Their lobbyists will never let it happen since they have a strong track record to maintain.