The Congressional Oversight Panel, which Elizabeth Warren used to run but which will now be chaired by folk-hero Sen. Ted Kaufman, held a hearing on TARP foreclosure mitigation programs, basically HAMP and its counterparts, yesterday. You can see all the statements from everyone on the panel and the witnesses at the link.
I could write a story about any part of this very interesting hearing, but I want to focus in on Damon Silvers. He’s the director of policy and Special Counsel for the AFL-CIO, and a member of the panel. And his performance yesterday was remarkable. First, the opening statement. I want to excerpt this because nobody in our bloodless government seems to understand it:
As I have said at every hearing on this subject, foreclosing on a family’s home is not a mere financial transaction. It marks a profound financial loss and often devastating emotional defeat for the homeowner, psychological trauma and social dislocation for the homeowners’ children, falling property values and destabilized communities for the homeowners’ neighbors. Mass foreclosures are a sure sign of a failing economy and a society that has been unable to provide basic economic security to its citizens. Mass foreclosures should no more be encouraged by our government than should contagious diseases or catastrophic floods.
Every time you hear that we have to “get foreclosures moving again,” think of this paragraph.
Silvers turns to HAMP, and says correctly that mortgage servicers “simply did not restructure the loans.” And compounding this is what we have learned about foreclosure fraud. Silvers totally gets it:
And now we have learned that the foreclosure process itself, and our system of property law itself is cracking under the strain of the bubble and the bust. There appears to be strong evidence that servicer banks have improperly executed and filed with the courts a large number of affidavits in the pursuit of foreclosures. Worse yet, since the affidavit revelations, evidence has mounted that there are substantive problems with the liens that support significant numbers of securitized mortgages.
Silvers asks why NACA, with their budget of less than $20 million, can get 20,000 mortgage modifications done in one week in one city, but the government can’t get more than 20,000 modifications a month made permanent, with a $50 billion dollar budget. Great question. Then he asks if HAMP knowingly gave money to servicers who foreclosed on homes where they did not have a valid lien. Then he drops a stink bomb in the room.
Finally, I would like to know what plans the Treasury Department and the OCC have for dealing with the possibility that either the major servicer banks will be held liable for their failures to properly service $7 trillion in mortgages, or that the collateral for significant amounts of mortgage loans will turn out to be invalid. These possibilities would appear to present systemic risks of the type that TARP was enacted to address, and in particular, would appear to have grave consequences for the very institutions that TARP initially capitalized, and who were allowed to exit TARP on the theory they were now healthy.
This is all great, and the questions everyone needs to ask. But it gets even better during the questioning. The Treasury Department’s representative, Phyllis Caldwell, seemed more concerned about getting foreclosures secured than anything else. She talked about how uncertainty could lead to lower home prices and a delayed recovery. (Keep in mind that Treasury has said HAMP helped the housing market by delaying repossessions. So some days it’s one, the next day it’s the other.) However, she insisted that the risks to the banking system were “slim.”
While banks and mortgage servicers are bracing for a wave of lawsuits over flawed paperwork, Ms. Caldwell said the government believed the overall risks to the financial system were slim.
“We’re very closely monitoring any litigation risk to see if there is any systemic threat, but at this point, there’s no indication that there is,” she testified.
This is where Silvers took direct aim. Shahien has the exchange. Silvers used the $47 billion repurchase claim against Bank of America by, among others, the Federal Reserve Bank of New York, as his lead example.
“I’m concerned about Treasury making representations categorically that you don’t see a systemic risk,” Silvers told Treasury’s chief homeownership officer. “And let me walk you through exactly why.”
“That letter asks for $47 billion of mortgages — of mortgage- backed securities to be repurchased at par,” Silvers went on. “Do you know what those mortgages are currently carried at … the market value of those bonds today?”
Caldwell declined to comment.
Silvers continued:
“OK, fine. Let me tell you what the Fed says they’re worth. The Fed tells us they’re worth 50 cents on the dollar. So if the Fed’s request to Bank of America is honored, right, Bank of America, assuming they are carrying these bonds, assuming when they buy them back they mark them to market, Bank of America will take a $23 billion loss.
“The Federal Reserve further informs us that there is nothing particularly unique about that particular set of mortgage-backed securities — meaning they have not been chosen…because they’re particularly bad. They believe they are of a common quality with the rest of Bank of America’s underwritten mortgage-backed securities. There are $2 trillion [worth] of Bank of America’s underwritten mortgage-backed securities.
“Five such deals — five such requests, if honored to Bank of America…will amount to more than the current market capitalization of Bank of America, which is $115 billion.
“Now do you wish to retract your statement that there is no systemic risk in this situation? And the word is ‘risk’ — not ‘certainty’ — but ‘risk’? And I would urge you to do so, because these things can be embarrassing later.”
Caldwell replied that the review was ongoing and in the early stages, but Silvers was incredulous. He asked, reiterating his scenario above, “Is Bank of America not systemically significant?” After Caldwell continued that there was some risk, but no evidence of a major systemic risk, Silvers concluded, “I hope that … if the Treasury comes back to us and is discussing whether or not we need to deploy further public funds to rescue Bank of America, or such other institutions as might be affected by these events, that we get a similar kind of indifference to their fate after it’s too late.”
The other panel members, even the Republicans, were pretty good as well, but Silvers struck to the heart of it. Treasury’s head is completely in the sand on this one. And yet, we can expect that, if the worst is realized, they’ll come back with a “hoocoodanode” and a request for some money in a satchel. Katherine Porter of the University of Iowa was completely comfortable in saying that “perhaps virtually all” securitized loans made at the height of the housing bubble were seriously flawed, either in improper mortgage note assignment, improper underwriting standards or improper servicing. Perhaps virtually all.
This is an illegal process right now, and without making it legal, you’re not going to ever see movement in the housing market.
“We are faced with a choice here,” Silvers closed. “We can either have a rational resolution to the foreclosure crisis or we can preserve the capital structure of the banks. We can’t do both.”




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Hi-Yo Silvers, Away!
Thanks so much, David, for highlighting this. If only we could clone him!
Silvers’ last remark: “We can either have a rational resolution to the foreclosure crisis or we can preserve the capital structure of the banks. We can’t do both.” …shows that Treasury does not have its head in the sand, David. Rather, THE POLICY OF THE OBAMA ADMINISTRATION IS TO ACCELERATE FORECLOSURES as rapidly as possible, to cover up the banks’ fraud.
I was extremely angry this morning when I awoke to NPR’s first news item at 5AM (paraphrasing):
Questions over the validity of FC docs will lead to depressed housing prices, affecting the recovery. No improvement in home price appreciation until 2014. 6M in FC or seriously delinquent.. FCs will increase and spread into new areas, Chicago, Houston, Seattle & 11 other major cities, as ARMs reset.
I thought, is this Psy-ops? This is WH policy to do this? Covering up the Ponzi by rolling up the operation? Judges will rule against the MBS shareholders, i.e. government employee (including judges’) pension funds?
This is, hands down, one of my favorite quotes of the year. *faced*
Thanks for highlighting Silvers. I confess I didn’t know who he was till I saw this on Galbraith’s list of What Obama can do now.
at which I pointed I read up on him.
Yeah, it could go down with “Have you no decency sir?”
Ha, that is great, although it’s embarrassing only to those capable of embarrassment.
Great post, David.
No kidding.
Misery has no price, especially so for the innocent. There is so much that’s not “spreadsheet-able” so to say.
Recommended!
that is if I could. We need a whole bunch of people like Silvers to protect the little guy against predatory Banks, servicers and mortgage brokers.
WTF will BO and crew see that the little guy is being bled to death???
But saying that I will still vote for the Dems here in Ca even though my congress critter sure pissed me off, the alternative is way scarier. Of course we have E-Meg(buy a governorship Meg) and Carly the out sourcer. What a fucking choice, we seem to be the proving ground for some of the wingnut crap like 2/3 needed for a new tax or budget!! Where the fucj is majority rule???
WE must fight back these deniers of our Constitution and rights, just look at the violence they are using… VOTE!! Against the TP-Repuke party at all levels!
OOps my 2cents….
Your corporate purview. Me? I wouldn’t put it in a soup a feed my family.
I think that Silvers is asking exactly the right question.
I’ll make a point of catching up on this hearing.
I can only conclude that in addition to a pack of zombie banks, we also now have a Zombie Treasury.
This is promising news. And thank you David for analysis and getting it to us,
That said, if Silver is correct that we must choose between resolving the crisis rationally and preserving the banks untouched; even with someone as knowledgeable and fair mined my money is on preserving the banks.
It’s our system you know. Let the peasants eat cake.
Really great report, dday, thanks.
I fear the poison is simply too deep. Resolve it rationally or preserve the mobsters’ ability to continue racketeering to the absolute bitter end of us all?
The system is so fucked, it will ALWAYS take Choice B.
Good to see voices like Silvers, I’m even seeing Bill Black popping up more than usual. Who knows. The bastards are now fucking with the very ground we all walk upon. But I have no doubt whatever that Obama’s and Congress’s only concern is for the crooks.
Another excellent piece of reporting, David. It’s gratifying to know that individuals like Damon Silvers are on our side. Unfortunately, it couldn’t be more clear from the responses of the administration shills called to testify before the panel that they are desperately trying to protect the banks. There’s no room for wishful thinking here. People like Caldwell have received their marching orders from Obama. I think Elizabeth Warren knows this, which is why she said the best hope is going to come from the state attorneys general. I even noticed today, on Naked Capitalism, a comment by Chris Whalen trying to push the idea of quick foreclosures. He was soundly shot down by commenters who reminded him of the extreme risk for borrowers if they pay off the wrong party.
I must post one article a day from FDL. You give us so many facts that I can’t imagine how I would be informed at all without the independent news sources such as this. Thank you so much.
Called circling the wagons. They may temporarily have the firepower, but they don’t have the numbers.
Completely agree.
And Silvers is definitely calling it the way that the econ blogs that I read are calling it: fraud. Since the bank fraud is so systemic, at this point the survival of the banks is now either/or.
Either we fix the foreclosure mess, which appears to be as much as 80% fraud. Or else we prop up the banks by ignoring the mess and assuming it’s ‘just a liquidity’ problem. That might have been true if rat’s hadn’t eaten out the bottom of the money pail via fraud.
Goosh! we already know what the Obama Administration is trying to do……preserve the capital structure of the banks.
I wasn’t aware of this hearing. Thanks for writing about it and I just want to say how much your columns are appreciated. If only the journalists in the main stream print and television media would provide such information, we might have an “informed” citizenry.
What journalists are you talking about ?……Does that include some of those on MSNBC who build ‘emselves as progressives ?
Their shows are distractions….they provide the flim-flam for the swindle.
Boy I just can’t wait until 2012, when Obama is gone and Sarah Palin is president. She will get this mess cleaned up.
Actually I first heard about all this from Dylan Ratigan, a damn good progressive on MSNBC. I don’t know about flim flam. I don’t think a handful of progressives on tv can hardly bring out these stories. I dont watch them that much anymore myself,except for the occasional scoop, but they were definitely gateway providers for me. They drove me delve deeper into the beast of this corrupt, violent, war mongering and profiteering place we call America. Reagan’s 30 year program was modeled after Stalin’s. Same results, slaves and masters, murderous thugs, lying, thievery, brutal violence, sheer stupidiy, psychos. All bubbling under the surface.
My hat is off to David Dayen and Shahien @ Huff Po. My deep appreciation of Damon Silver’s courage standing up to the brick wall this admin has thrown up to cover up their utter incompetence in handling this mess.
The casting of Geithner, Sommers, Bernanke and all the culprits from the Bush fiasco to right this ship of commerce was disnconcerting when it was done. Frankly I lost all respect for Obama when he made those choices at that time. I do not trust him, the DNC, DLC, BP, Goldman Sachs, BofA, U S Chamber of Commerce, the Supreme Court and all the rest of these oversized behemoths that should have been divested and cut down to size YEARS AGO! Nationalize the goddam banks, grab the criminals and put them behind bars, regulate derivitives with an iron fist and FUCK these blackmailers. Otherwise, Obama’s half measure after half measure does NOTHING to defund these monstrous forces and they only gain strength in time while O focuses on his damn legacy as the great man. Over it.
Sarah Palin? Clean up a mess? It’s a joke or you’re a nutsack teabagger!
Snark, and pretty well played.
Such a difficult question, what’s a politician to do?
1. Lie and equivocate, until either (1) or (2)
2. One’s Party Looses an election, stay in office, and then blame the “others”
3. Loose one’s seat and get a good paying lobbyist’s job
Yep, that covers it, after all “preserve the capital structure of the banks,” to paraphrase Dillinger, keeps the money where the paymasters are.
I never heard of this Silvers guy … he should be heading the afl-cio.
Z
Better yet, have him run for president.
Z
Charge the bastards with Criminal FRAUD; THEN Let the Re-”negotiations” Begin!
I would like to point out that the STATED purpose of QE2 is to lower interest rates and boost ‘asset’ values. Of course this seems really stupid, and why would we need to spend a trillion dollars on lowering interest rates– if they are not the limiting factor. Credit is not expensive, it’s near an all time low.
So, you look behind it an think…. What other purpose could be served that is more rational, but so unpopular that they can’t say it aloud?
And the answer is — buy this shitpile version 2. I really think that QE2 is just another way for the Fed to take the failing assets off the books of the banks.
http://bigpicture.typepad.com/comments/2008/09/buy-my-shitpile.html
Barry Ritholtz brought this to my attention 2 years ago
Is it psy ops in a multi trillion dollar economic war…
either that or its SOP