There’s more today about a potential settlement in the foreclosure fraud scandal, which once again looks to be a civil rather than criminal matter. This hasn’t stopped bank executives from whining and screaming about it, however. And they’re joined by the OCC, which might as well be the “Office of Bank Advocacy” at this point.
But absent from this otherwise united government front, which is preparing to submit a proposed settlement to financial firms within days, is the regulator of the nation’s largest banks, the Office of the Comptroller of the Currency.
The OCC has raised concerns that the firms might be required to pay too large a fine – $20 billion or more – and adopt mortgage procedures that the agency doesn’t think make financial sense.
From the time that OCC pre-empted state officials who were trying to deal with the foreclosure issue as far back as 2006, they have basically been a barrier to progress in the housing market, always flacking for the banks. John Walsh, the current acting chair, was chief of staff to John Dugan, who was literally a bank lobbyist.
The counterweights to OCC have been Sheila Bair of the FDIC and Elizabeth Warren, the senior adviser to the President who is standing up the Consumer Financial Protection Bureau. Even though the CFPB isn’t officially up and running, she has put herself in the middle of these discussions and is pushing for a higher fine.
There’s no question that this will end up disappointing to many who have been pushing for a settlement with real teeth. First of all, as Adam Levitin points out, this settlement will be the culmination of basically eight weeks of investigations, which is woefully too short to get a sense of the full impact of servicer wrongdoing. At the end of this process we’ll be not too much more enlightened than at the beginning, and that makes it nearly impossible to provide a legitimate assessment of what this should cost banks and their servicer entities.
Next, as Yves Smith mentions, the state and federal investigations should be completely separate, simply because they involve separate issues. The federal investigations have to do with wrongdoing at the banks regulated by the government, while the state investigations are more concerned with frauds upon state courts. The more individual regulators involved in a global settlement, given all the differences of opinion, the less ambitious such a settlement will be.
Third, there’s this:
U.S. banks received a 27-page proposal late Thursday from state attorneys general and several federal agencies that could require them to reduce loan balances of troubled mortgage borrowers, according to people familiar with the matter.
The document, sent to the nation’s largest mortgage servicers, doesn’t specify penalties or fines but instead represents a detailed code of conduct for how they must treat borrowers throughout the loan-modification process, these people said.
What I’ve read of the proposal isn’t bad, including single point of contact, an end to dual-track, and mandatory increased staffing of servicers to deal with increased delinquencies. But we’re back to a code of conduct now? How is this any different than the guidelines for HAMP, which were summarily not enforced, with Treasury never sanctioning one servicer participating in the program? In fact, I suspect that this settlement is basically seen as a HAMP substitute. The House Financial Services Committee passed a bill yesterday to end HAMP and other foreclosure relief programs. The House will probably take it up next week. While the Senate may not follow suit, they surely know that HAMP is indefensible. And so this settlement steps into the breach created by a crippled program without the support of Congress or the general public, who through word of mouth have slowed the new modification take-ups to a crawl.
In addition, this code of conduct proposal has been split from the monetary fine, which is quite unusual. The only reason for such a split is to help the banks in their naked PR effort to minimize their exposure as much as possible. Witness this incredible line in today’s Politico Morning Money, which explains that the banks would have to sign off on this settlement:
Morning Money spoke with a number of bank executives about the concept of a $20 billion “global settlement” of state and federal mortgage servicer abuse probes. The executives view the idea as a naked shakedown by regulators, especially at the CFPB. There is little enthusiasm for signing on to it. They also view it as a direct contradiction of the administration’s attempt to take a “pro-business” stance. “How can they be business- friendly and sign-off on something like this?” one executive said, noting that he did not believe the OCC was in favor of the deal.
Is that the most insane thing you’ve ever heard? These clowns, who broke the global economy, think that accountability for crimes, even minimal accountability like this, is anti-business. Actually, it’s pro-business in the sense that it favors businesses that play by the rules and don’t screw over their customers.
Notice also how OCC is held out, as the banks try to play the regulators off each other.
I’ve often said that the worst thing that can happen to the foreclosure fraud situation is if Congress or the White House got involved in it. As it is, the banks are struggling with courts that aren’t buying their nonsense anymore, and state legislatures who are stopping all foreclosures without full title histories. This could and probably will spur the investors to act on the inability of trustees to properly convey notes to the securitization trusts. If it’s loan modifications you want, this will spur them faster than anything, to keep the investors at bay. Yves says it’s already happening.
Thus you could expect the banks to start offering mods if they had the sort of pressure on them that this legislation would provide, and indeed that might be happening. A reader in comments said Bank of America had suddenly gotten religion about offering mods. And having banks offer mods quietly, on a case by case basis, is less likely to produce resentment by other homeowners than a highly visible program. Of course that assumes the banks become competent at doing mods. They’ve had every reason to be bad at them, since saying they can’t possibly work operates to their advantage.
Heck, I’d roll the dice on Federal Trade Commission investigations into servicer practices over this seemingly compromised global settlement.
Next week, the state AGs are meeting in Washington, and presumably this settlement will be one of the major topics under discussion. Groups like BanksterUSA and the National People’s Action network will be there, kicking off an action on Monday with 600 homeowners, demanding a legitimate settlement. With respect to the AG investigation, all that’s left for pressure is people power.




20 Comments

Support this site!
Subscribe to the newsletter
Advertise on Firedoglake
Send
us your tips
Make us your homepage
About FDL News Desk
“Calif man pleads guilty to foreclosure bid rigging
Read more: http://www.sacbee.com/2011/03/04/3450509/calif-man-pleads-guilty-to-foreclosure.html#ixzz1Fh0TNoIO
“Prosecutors say Marifat and a group of real estate speculators agreed not to bid against each other at San Joaquin County public foreclosure auctions to keep prices down.
The group would then hold a private auction where the property went to the conspirator willing to pay the most above the public price. The speculators would split the difference between the prices at public and private auction as a payoff among themselves.”
A settlement is preposterous without a PROBE of the lawyers who file foreclosure proceedings! Inter alia, no one else other than a LAWYER WHO FILES FORECLOSURES (and who records property deeds after foreclosures even in non-judicial states) has the alarming ability to defraud Bankruptcy Courtrooms and homeowners by filing FALSE “Lift Automatic Stay” motions and “Proof of Claims.” (Notice TV commercials telling people to come & file bankruptcy?)
Even google search of those 2 terms will show how they affect homeowners’ rights concerning foreclosures. WHEN LAWYERS FILE FABRICATED FORECLOSURES, HOMEOWNERS ARE GROSSLY AND UNFAIRLY DEPRIVED OF THEIR RIGHTS UNDER BANKRUPTCY LAW! One particular aspect is that thousands of bankruptcy filers become UNLAWFULLY cheated out of BECAUSE OF LAWYERS, is the possibility of “avoidance” due to the debt being “unsecured.”
It is an awfully unfair game that lawyers play when they fabricate who the lenders are, to illegally defeat provisions under Bankruptcy Law. If anything, “debtors” could perhaps file “Adversary” proceedings and uncover facts about their lenders and servicers if it were not for lawyers –on behalf of lenders that DO NOT HAVE STANDING– quickly and fraudulently filing particular judicial pleadings that defeat and dismiss people’s bankruptcy cases. The bottom line is that courts have nothing over which to preside when there is no real party interest / no “standing,” and lawyers should NOT have been granted those “Lift Stay” Motions for their so-called clients!
Yves Smith’s “Mission Accomplished” article @ http://t.co/9bXCrpF, about the Alabama court and Paul Jackson was significant. I continue to be alarmed that people like Paul Jackson would have the need to expound upon court rulings which upholds blatant foreclosure fraud! I do not know if Paul Jackson was involved in foreclosure illegalities, but I do know that his intentional campaign to whitewash wrongdoing is an affront to families who are homeless because of foreclosure fraud and greed!
UNTRUE to what Alabama and other courts, as well as Paul Jackson communicates, LENDERS are not always the ones who are foreclosing on their security interests!! There are foreclosures that NEVER became returned to lenders or banks, but were FRAUDULENTLY “CREDIT BIT” by “Straw Buyers” and judicial INSIDERS. Thus, BLIGHT is a common telltale sign! [SEE: “What happens when a bank begins to foreclose on a property, then changes its mind?” by Justin Sondel @ http://bit.ly/i5z3Py.
Notably, Paul Jackson is in the foreclosure business. If I had any investigative authority, he and the foreclosure lawyer colleagues that he refers to in his October 11, 2010 housingwire article, would be among the first targets for extensive foreclosure fraud investigation!
A foreclosure lawyer is the CATALYST for the goal of holding a “simulated” auction which gets the property deed recorded out of homeowners names. OR not even have an auction AT ALL, BUT let homeowners THINK they no longer owner their homes and move out!
Then FALSE IRS forms 1099-A’s become filed in the homeowners name and social security numbers; mortgage default insurance proceeds become paid to the first so-called lender that submits a claim –and the game begins again when the homes become flipped!! Also, scores of homeowners unfairly, unlawfully become saddled with further debt because a fraudulent “credit bit” created an opportunity getting a “Deficiency Judgment” UNLAWFULLY against the homeowners, and some mortgage debts become sold to ‘debt buyers’ despite there was no lawful judicial edict!
Although some people NEVER lawfully lost ownership of their homes –because of foreclosure lawyers’ ability to work the judicial systems, scores of homeowners unfairly, unlawfully become saddled with additional DEFICIENCY JUDGMENT debt to become to paid to people with NO LEGAL RIGHT to be paid.
Fraudulent foreclosure auction “credit bit” create an opportunity for lawyers to return to court and obtain an order of “Deficiency Judgment” –UNLAWFULLY against homeowners whose properties PURPORTEDLY sold (not returned to lenders) to INSIDERS who UNLAWFULLY were allowed to PAY NO MONEY AT THE AUCTION. Then lawyers can sell the deficiency judgment to a “debt buyer.” However, only the lender is permitted to “credit bid” at foreclosures. Therefore, when sham bidders pay little or no money within the allotted time, the auction should be reset.
Also City revenues ARE CHEATED out of monies that should be gained from auctioned homes if auctions were conducted lawfully. But when insiders are allowed to get homes at “a steal,” LAWYERS CAN LIE TO LENDER-CLIENTS and say there was a “deficiency” bid, while at the same time they are able to hide the fact that a crony or insider obtained the property. AFTERWARD, what is to stop some ‘lender’ from allowing lawyers to keep properties (take it off their hands –illegally) in lieu of fees, which is really a back door 3rd party purchase, or when THE LENDER’S NAME ON THE FORECLOSURE OR BANKRUPTCY “LIFT STAY” Motion is DEFUNCT, such barter deals are outright theft!
How awful when SO MUCH fraud has for decades been the means for dishonest participants in the foreclosure racket to get slices of the “foreclosure pie” at the devastating costs and effects upon people who –for some reason or another fell behind on their mortgage payments.
IT IS NOT AGAINST THE LAW TO OWE A DEBT, BUT IT IS AGAINST THE LAW TO COLLECT THE DEBT VIA FRAUD AND EXTORTION.
For such reasons and many others, I continue call attention to the alarming need for an investigation of lawyers who file foreclosure pleadings in bankruptcy and in civil courts. SEE: “Request for Congressional Foreclosure Panel to Examine Foreclosure Lawyers” @ http://chn.ge/eU2zAm
Nothing to see hear. Move along. /s
Your rant would be much more readable if you’d get that caps key fixed.
Very funny freudian typo I just noticed. I meant to type: Nothing to see here, but instead typed: nothing to see hear. Both work for me.
A variation on the three wise monkeys prosecution procedure.
Yeppers.
Geez, what a diff bet the real world & the world of wikileaks described in the book salon that ended a half hour ago.
I wanted to ask: If the world should be getting more horizontal bc of tech & its role in leaking what the PTB are doing, how come the exact opposite is exactly what is occurring.
But as that Q would have been entirely rhetorical & unassailable, I self-censored.
Something that Hawaii is looking at right now…
Hawaii ponders moratorium on home foreclosures
What is it about financing elections of Hawaii that still allows for the slightest hint of paying attention to what the voters might want? Media buys not that expensive?
It certainly isn’t Hawaii’s past, formed in the sugar/pineapple (I forget which) industry’s overthrow of the legit govt & subsequent devastation of local pop, a constant theme in U.S. history. What happened in the last century to make Hawaii somewhat less than a corp fiefdom?
It is far far away and has a mind of its own.
Are you from Hawaii, or do you/have you lived there, or know anyone who does?
Obama is suckling from the teat of corporate money. Expect nothing more from the lackeys he appoints
What surprises me is that Counties are not going after the banks. Counties are the ones who assess and receive the filing fees. The $20 billion fine is probably what Los Angeles County alone should get.
Thank you for posting lawgrace, please ignore the bleating of some and continue to do so!
http://www.change.org/petitions/request_for_congressional_foreclosure_panel_to_examine_foreclosure_lawyers
A few counties are moving toward it, e.g. Guilford Cty, NC and a recorder in Essex, MA iirc, but what I understand from reading at either Yves’s or 4closurefraud is that for almost all as individual plaintiffs, the amount borders on being not worth the cost.
Since the even greater damage is to the recordation system as a whole, and since MERS seems to have been intended to do something like cause that damage, I wonder whether recorders and registrars as a class could sue them for a suitably ruinous amount of money.
I love Hawaii. But my single stay there does not make me an expert. They built universal health early on and seem to be progressive except they vote GOP now and then, which I attribute to GOP help on unaudited voting machines.
I did notice while there that much financial and legal power was given to the school established by the will of Bernice Pauahi Bishop, a princess of the Kamehameha Dynasty – the Kamehameha Schools.
I also noticed that other native funds were small in size and power.
Now that the Islands elect GOP governors, I expect the natives land – “ceded” to the state which then rented it to others for near zero cost – to be formally stolen soon.
The good things about Hawaii politics may lie in its past – I doubt the gov will force the banks to do anything.
Great post !!! :-)
A keeper of an analysis!
It would be easier to read without all the CAPS and bold CAPS. Makes a much better impression, and is a lot more likely to be read. (Also, shorter helps. Wall’o'text is not an inducement to read.)
I’ve started reading Jamie Galbraith’s “The Predator State,” and I’ve just reached the point where he points out how Thorstein Veblen’s insight was forgotten after World War II. The top 2% see themselves as the new nobility, uniquely entitled to take everything for themselves and actually achieving prestige for damaging larger numbers of “the little people.” I have more to read, and to think about, but this seems to me to shed a light on what has been baffling me for years. Why do these rich people seem to want to increase the suffering of people who are less well off, when that doesn’t seem to increase their own well-being in any way. The answer is simple. This is the way the “noble” classes have acted since the first human society reashed the level of barbarism, where there was an established group who did not labor, but whose rewards came from “honor.” They were warriors and priests, and they are entitled to take anything they want without interference from the government. I think a good example would be the behavior of the “Great Houses,” especially the Percys, at the time of the Wars of Roses.
A very interesting subject, I learned from my early union days that the upper echelon believe in the basic method of control through “divide and conquer”. Another belief they have is to keep the working man poor or at least underpaid, again to achieve control and of course they believe it maximizes their profit. Also a well paid employee they believe, will want more time off and freedom or will have the ability to live off savings to mount a stand off or look for better employment. For years I worked in the placer goldfields and because of my skills and with plenty of money saved up over time, I could bounce from one employer to another with little hesitation. I took particular delight in portraying myself as down and out, with my beat up old truck I used, to arrive in camp. The shady employers would usually play their lack of integrity on the first day by bad mouthing and or changing prior agreed upon working conditions, living accommodations, and pay, because they felt I had spent my last buck to get there and couldn’t leave. I would perform my skills from a few hours to a day to show them what they would be missing then quit, though you had to make sure you had plenty of fuel to leave and your gear already packed because some of the camps were a long way into the bush.
Hawaii is much less wonderful than you [or they] might think.
Kamehameha Schools — which are quite good — are for Native Hawaiians only. The public schools [for everyone else] are so rotten they compete with AL, LA and MS for the bottom of the education barrel.
Politics is divided along ethnic lines, each “group” [e.g., Filipino, Chinese, Japanese, Native Hawaiian] wanting “their” candidate/issue, and unwilling to work collaboratively.
Daniel Inouye, earmarks-whore and BFF of former Sen. Ted Stevens of Alaska, controls all Dem politics. No one moves without his blessing, and he can block/destroy anyone who does. This is part of the answer to why Akaka isn’t retiring before his term’s up in 2012 to give Abernathie a chance to appoint a Dem replacement, who would have both the advantage of incumbency and seniority over others elected 11/2012. Don’t know Inouye’s reasoning on this, but that’s why it’s happening.