I could hardly keep up with all the reports on housing that came out over the past 24 hours. So let me try to summarize a couple:
• A recently unsealed lawsuit shows that banks cheated military veterans by illegally adding attorney’s fees to their refinancing loans. Illegal fee additions have a rich history, especially in the bubble years, but this particular fee was explicitly banned by Congress. I thought we knew about all the ways that lenders screwed veterans, but here’s one more. Incidentally, the Justice Department didn’t join this lawsuit; it was put forward by a group of whistleblowers inside mortgage lending companies. They want $5,500 to $11,000 in damages per incident for violations of the False Claims Act. So the Justice Department is ignoring these allegations of criminal violations.
• Paul Kiel’s reporting for Pro Publica on HAMP shows a program without oversight. We knew that for over two years, no servicer was ever sanctioned for violating program guidelines. Apparently that was because the guidelines were never checked:
Documents obtained by ProPublica — government audit reports of GMAC, the country’s fifth-largest mortgage servicer — provide the first detailed look at the program’s oversight. They show that the company operated with almost no oversight for the program’s first eight months. When auditors did finally conduct a major review more than a year into the program, they found that GMAC had seriously mishandled many loan modifications — miscalculating homeowner income in more than 80 percent of audited cases, for example. Yet, GMAC suffered no penalty. GMAC itself said it hasn’t reversed a single foreclosure as a result of a government audit.
The documents also reveal that government auditors signed off on GMAC loan-modification denials that appear to violate the program’s own rules, calling into question the rigor and competence of the reviews.
Some of the auditors’ mistakes are “appalling,” said Diane Thompson of the National Consumer Law Center, an advocacy group. “It suggests the government isn’t taking the auditing process seriously.”
It’s true that HAMP was by design a voluntary program for the banks. But like any contract, if the voluntary party violates the contract, they are not entitled to the incentive payments under the contract. And to ensure compliance, you kind of have to check on what the servicers are doing. Treasury said for years that they could not penalize the banks because they wouldn’t participate in the program. Then a few months ago they started withholding payments to some banks for non-compliance. This is something they could have done from the outset, despite their protestations, and as Kiel shows, that would have been impossible in the early days, because they simply didn’t do any checking.
There is a chance that Nevada will pick up where Treasury failed, looking back at the program and finding clear bank fraud against homeowners in the violation of program guidelines, and suing the banks over that. That’s what’s at the heart of Nevada AG Catherine Cortez Masto’s lawsuit against Bank of America.
The third big story again concerned non-existent federal oversight, but I’ll save it for an additional post. Let me just add that foreclosures make you sick.




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There’s always a big question as to whether our corrupt govt will enforce the law against the banks. What is never in question is that the banks will be breaking the law in every way they can think of.
This is going to keep unraveling.
Thank you so much for this, David. It adds poignancy and identification to the many Occupy movements springing from Occupy Wall Street that at the very heart of the matter has been the commodification and fraudulent fees placed upon the owners of home mortgages. Even apartment dwellers are not immune because their landlords face the same predation. And as we have seen, the First Occupiers were not even allowed to have tarps covering their equipment, only the cold, damp ground to which they still cling with gratitude. They represent in their physical difficulties the many whose homes have been in jeopardy, the 99% of us.
We trace back the tentacles of the squid and we come to the banks being permitted to track outside their regulated parameters, and on it goes. Thank the Lord for whistleblowers and groups such as the National Consumer Law Center along with Nevada’s Attorney General struggling against a broken system. As well as for your dedicated reporting; we are deeply in your debt who come here to FDL for news and inspiration.
Hi dday. thanks for your tireless work. this is slightly o/t but I wondered who at FDL would take the lead on this outrage that is bubbling up again.
http://www.kansas.com/2011/10/02/2041747/army-of-lobbyists-push-for-business.html
There was a nurse on KO’s show last night who asserted flat out that this economic wreckage was making her patients sick…physically ill. Just another nasty dimension to fold into the mix.
Put that in your teabagger “death panels,” you wingnut morans…
Why look back? It’s time to look forward and let bygones be bygones.
When looking forward is as bleak as looking back . . . where does that leave the average “looker”? Close eyes, stick fingers in ears and sing la-la-la-la-la!
Every time I hear “look forward, not backward,” I immediately think, “Well now, how the fuck would that argument work for any defendant in an actual courtroom?”
Any chance Obama might issue an executive order to end the strike by Rip Van Holder and his DOJ? Why are we paying salaries to those government workers who are not investigating and prosecuting wrong-doers?
As you well know, the “look forward, not backward” meme/argument only works for the MOTU who are obcenely wealthy and well-connected.
If you’re a serf, there is plenty of looking “backwards” at any potential crime you may have committed, and the rule of law – and then some! (Just as Pfc Bradley Manning) – will be applied rigorously.
One “rule” for the upper 1%, and a completely different set of rules for the 99%.
My work is in the situation that, bc our landlord is so under water on his commerical mortgage (building has dropped hugely in value), that we have to pack our bags and move to another bldg. Why, you ask? Well bc the landlord’s BANK will not *permit* him to charge us fair market value for our lease, which just came up for re-negotiation. The landlord’s bank is basically *forcing* the landlord into foreclosure but not permitting him to drop his lease rates, so he’s lost nearly all his tenants due to much better deals all over town.
So what, you say? Well, it’s going to be very costly for this independent govt agency to move, even though over the next *decade* we will realize a cost reduction by moving. Nonetheless, we have to use citizen-paid fees to move, rather than using those fees to improve services, etc.
All thanks to the BANK refusing to work with the landlord on his mortgage. The landlord will most likely lose the building when his note comes due next year. My bet: somehow the BANK is “making out” on this deal in some nefarious way. In the meantime, the building will probably be empty with no tenants once we move out.
Go figure.
Chalk another one up for the BANKS managing to rip off citizens in various ways.
Now I’ll wait for some rightwinger to come wag his/her finger at me and adjure me that it’s somehow all the fault of us shiftless govt workers. I might add, just for the record, that we happen not to be unionized.
BofA May Face Fraud Claims for Soured Loans
HUD report.
BofA May Face Fraud Claims for Soured Loans
HUD report.
BofA May Face Fraud Claims for Soured Loans
http://www.bloomberg.com/news/2011-10-04/bank-of-america-s-countrywide-may-face-fraud-suit-after-u-s-housing-audit.html
Of all the things Obama has NOT done that irritate me and, I think, many of his (former) followers, is his inaction on the banksters criminal activities and fraud. In addition, the AG’s office is trying to convince the states’ AG’s to drop suits and accept ridiculous settlements indemnifying the banksters or, at the very least, letting them off easy.
This will keep unravelling if we watch carefully, force the issue and yell like hell. They’re capable of walking away from this ball of yarn, muttering about ‘shared sacrifice’.