Nevada Attorney General Catherine Cortez Masto just reached a settlement with investment bank Morgan Stanley for up to $40 million, over deceptive practices in mortgage lending and securitization.
This may seem like a small number, but Morgan Stanley was not a big player in Nevada, and the case itself involves just a small slice of mortgages:
The New York-based company, with assets of some $831 billion, was investigated by Cortez Masto’s office for its role in buying and selling to investors some 3,000 subprime mortgages in Nevada.
In a settlement filed in Clark County District Court, called an “Assurance of Discontinuance,” Cortez Masto said the company’s Morgan Stanley Capital Holdings unit committed to improve practices to securitize Nevada mortgages, to refund and adjust interest rates for certain Nevada borrowers and to pay $7.2 million to prevent foreclosures and mortgage fraud in Nevada.
Overall, the settlement will provide relief valued at between $21 million to $40 million to 600 to 700 Nevada consumers, Cortez Masto’s office said.
You can do the math on this yourself. $40 million for 700 Nevada homeowners is $57,000 per person, a significant number. Even if this is at the low end you’re talking about $30,000. Given that the median asking price for a home in Las Vegas is down to $119,900 ($199,000 in Reno), that’s a significant chunk of change.
Put it this way: the “global settlement” with the state AGs aims to help 2 million borrowers, by their estimates. That would translate into $114 billion under the Masto standard.
UPDATE: Via email, Shahien Nasiripour reminds me that the foreclosure fraud settlement group was actually talking about helping three million borrowers. So that would be $171 billion, then. Recall that they’re looking at $17-$25 billion.
This settlement, which turned on incidents of deceptive practices (like lenders lying about the interest rate of a loan, appraised value of a property and the recast rate after a two-year teaser), is substantially similar to Masto’s proposed lawsuit against Bank of America. If anything the deceptive practices are bigger there and more substantial (including deceiving homeowners who sought loan modifications), and BofA was the servicer rather than the financier of an originator, like Morgan Stanley. In that lawsuit she may even seek criminal charges. And BofA has a much wider profile in Nevada and across the country than Morgan Stanley.
So if you look at $57,000 per homeowner in the Morgan Stanley settlement and apply it to BofA, you get a number that probably ranges into the billions, and that’s just one small state. Combine that with all of BofA’s other legal woes, including a new $50 billion private lawsuit over their Merrill Lynch acquisition, and you can see why people are filling in BofA on their dead pools.




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Much better than a stick in the eye, as they say.
I’d love to see it used as an example & grossed up, but won’t hold my breath waiting for that.
Still trying to gain perspective on what reasonable accomplishments might be in light of U.S. history. Very difficult to divorce oneself from U.S. myths to realistic vision, while not falling to either excessively pessimistic nor excessively optimistic side. Perhaps this is an example of the best the people can “hope” (heh) for, while the PTB still retain control over the system.
I just got a nice response from New York State Attorney General Eric T. Schneiderman in reply to my “attaboy” a month or so ago. He says, in part,
Does any of this recovery go to the injured homeowners, or just to the state coffers?
DDay – the reporting – your report is similar to many other major media reports – comes off the AG’s PR release for the punishment for bad origination of a loan.
There is only a $7.2 million cash out “to prevent foreclosures and mortgage fraud in Nevada” – and it goes to no homeowner.
Except for some minor interest refunds and payment refunds, the rest is loan modifications via an “Assurance” that includes the following elements for sub-prime homeowners who claimed fraud via teaser rates or loans in excess of home value or extra long or jumping payment amortization periods.
Conduct Provisions:
Going forward, Morgan Stanley will only finance, purchase, or securitize Nevada subprime mortgage loans if it has engaged in a “reasonable review” of such loans and determined that such loans comply with the Nevada Deceptive Trade Practices Act. This means Morgan Stanley will not securitize a loan where it has reason to believe that:
a. the lender has not adequately disclosed to the borrower the existence of an initial teaser rate, the maximum adjusted interest rate or payments, and the potential for payment shock if payments increase after a loan reset; or
b. the borrower’s stated income was intentionally overstated or that the stated income is not reasonable and that income was off by 10% or more; or
c. the appraisal provided by the lender was intentionally overstated by 10% or more.
Refunds and Interest Rate Caps for Nevada Consumers:
Morgan Stanley will provide the following assistance to borrowers:
a. effectively cap the interest rates for eligible borrowers (whose interest rate has not already been adjusted) at a fixed interest rate that is no more than the initial teaser rate on those mortgages;
b. refund to eligible borrowers interest payments above the initial teaser rate;
c. make payments to eligible borrowers who defaulted on their loans after the interest rate reset; and
d. make payments to eligible borrowers for whom value of their properties, as determined by a broker price opinion, differed from the amount borrowed by more than 5%.
Borrowers eligible for relief will be notified by Morgan Stanley. No application or qualification process will be required. Borrowers with questions can call Morgan Stanley at 888-714-2404.
I tried to verify the 3 million loans that Shahien Nasiripour seems to suggest needs to be used to get his banks are dead calculation but I can not find a 3 million fraud origination loan estimate by anyone. Nor can I get the $40 million value without going into a total payout over the life of the loan reduction which obviously can not be related to the initial value of the loan.
Then there is the fact that the Bank of America already settled repurchase claims related to 787,000 loans it and its Countrywide unit sold to Freddie Mac for $1.35 billion. And as the servicer rather than the financier of an originator these Nevada settlement liabilities are not a BofA problem. These loan modifications – if forced – kill BofA in what way? Countrywide would have a problem but Countrywide will be put into bankruptcy if necessary. If Nevada can prove that an enforceable promise to not foreclose was violated they have a case against BofA – but it is a different case. I would not gloat over a dead BofA just yet – although it may happen of course. It does not seem to me at least to be that obviously the future for BofA.
The good news is that this limited group of loans will be getting a shot at loan modifications – no principal reduction but interest rate adjustments – which is the stuff already being done, normally done in lieu of principal reduction, under HAMP when a bank chose to do something under HAMP.
It does seem like a small number, but it’s a big victory. It’s a good start. The super-greedy and their enablers should have seen this coming nearly 10 years ago. They have no one to blame but themselves for the mess they’ve created.
$40 million here, $40 million there, pretty soon you are talking real money.
The banks are going to pay whatever it takes to hide the massive fraud that took place in securitizing mortgages. All the nasty secrets will be hidden under settlements with state AGs one by one. We are not just talking the fraud involved in selling the mortgages and then foreclosing by means fair and foul. We are talking about the fraud and fee avoidance via MERS. Nobody needs to see the same mortages sold to multiple buyers via CDOs, synthetic CDOs and all the other toxic sludge the banksters conjured out of thin air.
They will settle with the AGs to avoid tumultuous outcry and jail terms if their perfidy were to come to light.
While some Attorney Generals have gone around wasting their taxpayers time and resources suing the Federal Government over healthcare , this one actually did their job! Did I mention she is a Democrat!
County Recorders are beginning to take proactive action. Most prominent among them are John O’Brien, Registrar of Deeds, Essex Cty. (Salem) MA and Jeff Thigpen, Registrar for Guilford Cty. (Greensboro) NC. A recent audit in Essex Cty. revealed 75% of all Assignments of Mortgage were invalid and an additional 9% were questionable.
http://www.salemdeeds.com/pdf/PressRelease7-29-11.pdf
O’Brien is refusing to accept for recordation any document without signature authentication of both the Affiant and the Notary.
http://www.salemdeeds.com/pdf/RobosignerRejectionLetterTemplate.pdf
http://www.salemdeeds.com/pdf/AffidavitofAuthenticity.pdf
Press Release by Jeff Thigpen:
http://4closurefraud.org/2011/03/02/nc-register-of-deeds-jeff-thigpen-takes-on-mers-questions-if-county-is-owed-millions-titles-compromised/
Here is a link to determine whether or not you mortgage in a part of the MERS fraud:
http://www.salemdeeds.com/robosite/
This database is extensive, however; if you get a “no matches found” as I did, it does not guarantee you are not affected.