In a major development, California’s Attorney General, Kamala Harris, has broken off from the proposed 50-state settlement over foreclosure fraud. If the talks weren’t dead already, and if you’ve read this space you’d know that I think they were, this surely puts them to bed.
California Atty. Gen. Kamala Harris will no longer take part in a national foreclosure probe of some of the nation’s biggest banks, which are accused of pervasive misconduct in dealing with troubled homeowners.
Harris removed herself from talks by a coalition of state attorneys general and federal agencies investigating abusive foreclosure practices because the nation’s five largest mortgage servicers were not offering California homeowners relief commensurate to what people in the state had suffered, a person familiar with the matter said.
The big banks were also demanding to be granted overly broad immunity from legal claims that could potentially derail further investigations into Wall Street’s role in the mortgage meltdown, the person said.
Harris spent the entire day last Friday in a room with representatives of the big banks, giving them every opportunity to come up with a solution that presented California homeowners with relief commensurate to the liability release they wanted. I think that Harris would have signed on to a deal if she got what she needed out of it. But the banks clearly would not deliver that level of relief, and they still wanted a sweeping liability release, which Harris was unwilling to provide.
Harris’ full letter to Thomas Perrelli of the Justice Department and Iowa AG Tom Miller is here. As far as where she goes from here, she writes:
I intend to continue to investigate the mortgage practices that I believe have contributed to the growing housing crisis in my state. Months ago, I began California’s independent work in this respect by establishing a Mortgage Fraud Strike Force, and I have given the Strike Force attorneys a broad mandate to investigate all stages of the mortgage lending process, from origination to servicing and foreclosures to securitization of loans into investments in the secondary market. I am committed to doing as thorough an investigation as is needed – and to taking the time that is necessary – to set the stage for achieving appropriate accountability for misconduct.
I will also push for additional legislation and regulations that enhance transparency and eliminate incentives to disregard borrower’s rights in foreclosure. Many of these reforms have been identified in the multistate talks, and I hope that in good faith the banks will adopt these reforms immediately.
Fat chance of that. But overall, this is a great pledge to seriously investigate the banks on a wide range of mortgage and foreclosure issues, and to seek the appropriate remedies. Bravo to Harris, and that comes from a constituent.
I have to think that the public pressure, particularly what we saw in the last couple days with even Gavin Newsom stepping in to challenge Harris to reject the settlement, had a huge impact. Harris was a surrogate for the Obama Administration from way back. She spoke for him at the 2008 Democratic Party convention in the state, with her counterpart for Hillary Clinton being the 43rd 42nd President of the United States. She’s been mentioned as a potential US Attorney General in a second term. For her to defy the Administration on this issue is a huge turn of events.
As for Tom Miller, his dream of getting the banks off the hook for their crimes is dead and buried. Without California and New York, you’re not going to be able to have a settlement that means anything. He’s probably looking for a way out right now.
The investigations have to be followed through. But this is a victory so far for accountability and against the whitewashes that have characterized the nation’s response to systemic fraud in an increasing and troubling fashion over the past several years.
UPDATE: A very legitimate question was raised in the comments about the status of the Mortgage Fraud Strike Force, which Harris in her letter stated would handle the investigation. Earlier, because of budget cutbacks, it was reported that the Strike Force was gutted. But Harris’ office says that personnel and funding was moved around to make the investigation a priority. There were 25 people in the Strike Force when it launched; now there are 30, according to the AG’s spokesman, Shum Preston.



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Poor Tom Miller. Now, BoA won’t even be around to give him the sinecure he was counting on.
There was speculation about how heavily the Obama folks were leaning on Harris to get her to go along with this travesty.
Does her failure to do so signal that Obama is no longer respected or feared?
Is Harris the first among many to realize what an anvil Obama is to further election hopes?
From EPU land, with apologies.
Bank of New York to MBS Investors: Drop Dead.
But what about what the CA budget agreement did to Harris’ staffing issues re ‘investigating the mortgage fraud David?
Well, hot damn.
This is actually something I need to follow up on. I have the same question.
I’m sure the speculation was spot-on, and it points to the pigheaded pursuit of compromise [or sellouts, if you prefer] by the Obama WH in this. We do have a couple of key issues for Kamala here:
1. There is no way anyone in CA will support a politician that let the banks off the hook for their pervasive and continuing fraud on homeowners, and that’s a lot of votes. She’s ambitious.
2. There is no way Dimon, et al., will support the D’s with $$$ when the R’s are more reliably pliable.
3. The best friend of the consumers in all of this is, oddly enough, the continuing greed of the banksters in believing they will get a better deal. Plus their hubris in charging fees to use debit cards, which are now the vehicle of choice for states to distribute unemployment [CA switched this year], and does that mean people on assistance will get hosed again?
As far as the budget question goes, I’d be interested as well, since we all know that it’s about putting the money where the mouth is. So, while Gov. Brown and Kamala talk the good talk, it’s still cheap.
While I believe that the speculators should take the haircut, it would be the CDSs that should get shorn, not the MBSs rated AAA. BNY is off base.
The 800 pound gorillas in the room are the banksters. TBTF crooks waiting to give the taxpayers another haircut ala TARP like bailouts.
Good for Kamala.
NY< CA and Ohio AGs said no way no deal. Is there a current list?
Well some good news, at least, on an otherwise not so “inspirational” day. Way to go. Would like to see more of this, along with the banksters & Wall Streeters doing a big fat perp walk (I can dream, anyway).
Not to late for Cheney, Bush and Runsfeld to get their subpeonas from the Hague is it? They made it all possible along with Bill Clinton and the Glass Seagall Act. Christopher Cox should get an invite as SEC Chair,
Speaking of “dead” what are the risks to Kamala & Schneiderman? And why now. What is Kamala hidden agenda? Political? etc etc etc.
Bravo to Harris, and that comes from a constituent.
I agree, then again she could be thinking of running for Gov. of Calif. if Jerry decide to not run again since 0 might make a second term and if he does do really want the job doj head.
No kidding. I’d go for that.
Harris and Gavin Newsome are both young ambitious pseudo-Democracts in a heavily Blue state. I’m sure Harris took this action partly to protect her left flank. Since this is her first statewide office, I doubt that talk of her replacing Holder in a second Zero administration is real. But if she wants to run for Gov when Moonbeam’s reign ends, she needs not to piss off the liberal base. (Doing that can wait until after she gets into a federal position.)
How could you not side against the 50-state settlement when California was among the highest in foreclosures and four times higher in financial institution fraud than any other state.
http://www.fincen.gov/news_room/rp/reports/pdf/mortgage_fraud112006.pdf
see the update.
Your cutting to the quick & economy of language is MUCH appreciated. Got the picture.
Hopefully, this puts a well deserved end to talk of a 50 state AG settlement which was going to be another whitewash.
Not that the individual state AG might wimp, but it would be the end of their political career if the state voters think they bailed out the banks again.
/delurking
I have to admit that being a SF resident, I did not vote for Harris for CA AG. However, I am pleased to see that she isn’t as tone deaf as Dear Leader Obummer. Who knows, Kamala, you might just get my vote next time!
As a fellow CA resident, the AG race was another typical no winner field. Harris’s GOP opponent, LA DA Steve Cooley, is a real slimeball corruption-protector (unless it’s corruption in, you know, non-white communities). Harris is an Obot hack.
Very true
The March proposed settlement at least gave the homeowners something – all Harris is chasing is PR – indeed her letter only refers to wanting to preserve “foreclosure rights” and doing a lot of “investigation” so we get a lot more PR.
Trying to get loan principal reduction discussed seems impossible – and Nevada’s small settlement re interest rate reduction for a tiny group of homeowners that had teaser loans seems a big deal these days.
Seems the banks killed the settlement that actually required help be given the homeowner, and were able to do so without being seen as the folks that killed it, via the AG’s greed for good PR on their way to Governor. Hell of a thing to cheer about. Reagan got Democratic votes because he attacked the unfairness of the “welfare queen” – now the banks get away with no loan modifications via an attack on the unfairness of “no investigation”. Wish we would follow the money rather than have knee jerk reactions to claims of “unfair procedures”.
This housing crisis will be a 2016 issue, as will the lousy economy that it causes, as we let the AG’s get their “investigations” and related PR points.
I’m suing BofA now (and my daughter won both her pro-bono cases against BofA) but one needs a mass of documentation and impossible to refute facts – the idea that 30 folks in the AG’s office are going to get anywhere close to a class settlement that requires loan modifications is a bit of a dream.
The investment banks are no different than the telecom companies, and retroactive immunity sure seems to be highly popular with both of these groups (and their corporate executives).
Both committed countless crimes under the previous Bush administration. Both banks and telecom companies found a highly friendly partner in the anti-regulatory Bush administration, which often instigated their criminal acts, or at least turned a blind-eye to them while they were happening, and then helped cover them up afterward.
The telecom companies during the Bush years decided that an act of Congress was necessary, an act (signed by Bush, but put on his desk by “Democrats” in Congress)) that granted retroactive immunity to them. An act of Congress that covered the asses of both the telecom company executives and members of the Bush administration, including Bush himself. An act of Congress that stopped our judicial system from investigating and prosecuting the crimes committed by complicit telecom companies on orders of the previous Bush administration.
The banksters behind the fraud-driven housing bubble’s growth and implosion should be so lucky. No doubt they would like nothing more than an act of Congress giving them retroactive immunity, but the economic implosion they caused occurred right at the end of Bush’s eight years in office, leaving only time for Bush’s TARP I taxpayer bail-out of them, but no time for any retroactive immunity deal.
Then Republicans in early 2009 lost outright control (supposedly) of the White House, just as they’d lost control (supposedly) of Congress two years before. But they needn’t worry. Incoming President Obama had decided to let bygones by bygones, in essence giving de facto retroactive immunity to anyone in the Bush administration and banking industry for all the crimes they’d committed over the previous eight years, leaving some pesky state Attorney Generals to try to clean up the mess and hold those responsible accountable. At least President Obama during his first two years didn’t ask the “Democrats” in charge of both chambers of Congress back then to enact retroactive immunity for the banksters, unlike what Bush demanded of Congress regarding the crimes committed by the telecom companies.
Thus, the fifty-state-settlement “solution.” This is just a delaying tactic. This is a mirror image of the delaying tactic the Bush administration used at the beginning of the fraud-driven housing bubble, when state and local government officials tried to enforce state and local consumer protection laws after receiving numerous home mortgage complaints, but the Bush administration took them all the way to the U.S. Supreme Court, taking years, putting consumer protection laws on hold, allowing the banksters to continue pushing fraudulent mortgages and packing derivatives packages with them. Finally, the U.S. Supreme Court ruled in Bush’s favor, aborting consumer protection laws across the country, in essence giving the banksters back then retroactive immunity for all the home mortgage crimes they’d already committed.
This fifty-state-settlement “solution” is just more of the same, meant to slow-walk criminal accountability, justice delayed, justice denied. And Republicans, along with their corporate bankster backers, are hoping that a Republican in early 2013 will replace one-term President Obama, and Republicans will regain control of the U.S. Senate while retaining control over the House of Representatives, at which time (and no matter what state Attorney Generals have worked out at the time) the Republicans will grant retroactive immunity to all the criminal banksters responsible for the fraud-driven housing bubble, the fraud-rated derivatives packages and the economic meltdown in 2008 that resulted from all this right-wing fraud. Mission Accomplished!!!
Viva Kamala!
He was never feared or respected.
He was liked by a lot of people, but even that’s diminishing.
I am re-posting my comment from an earlier thread and encourage all of you to pass this information along to your county recording official.
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 your 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.
She’s a hack who is also a good deal less insulated from the public — a very well-educated public — than is Obama, and who therefore knows what she must do in order to keep their votes.
Wow! Thanks!