Louise Story writes about a new investigation in New York of big banks and their mortgage practices. This one is not being run by Attorney General Eric Schneiderman, though he reserves the right to get involved. Instead, the New York Department of Financial Services is investigating the banks on the issue of forced-place insurance, one of the biggest scams going.
The investigation centers on so-called force-placed insurance that has become increasingly common since the downturn of the housing market began and homeowners had trouble keeping up with payments on their home insurance.
JPMorgan Chase, Bank of America, Citigroup and Wells Fargo are among the major companies involved in the inquiry by the office of Benjamin M. Lawsky, the superintendent of New York State’s Department of Financial Services, according to a person briefed on the investigation who asked to remain unidentified because the matter was private.
Mr. Lawsky’s office issued 31 subpoenas or other legal notices related to the case in early October, just as the state’s insurance and banking departments were merged under his new agency. His office has already turned up instances where mortgage servicing units at large banks steered distressed homeowners into insurance policies up to 10 times as costly as the homeowners’ original plans.
In some cases, those policies were offered by affiliates of the banks themselves, raising questions about conflicts of interest; in other cases, there may have been kickbacks between unrelated companies, according to the person briefed on the investigation.
I first wrote about forced-place insurance back in November of 2010. Basically, banks who take over the insurance for homeowners whose policies have lapsed end up getting a kickback when the insurer ramps up the price. And the homeowners pay the cost. In some cases, the policies didn’t even lapse; the bank assumed the homeowners’ insurance costs and steered the borrower into costly deals, adding the balance to principal. Sometimes the servicer just purchased redundant coverage for borrowers who were current on their policies. And this provides yet another incentive for servicers to keep borrowers delinquent: they can take over their insurance in that case, and jack up the price, getting a kickback in the process.
Dodd-Frank made this type of forced-place insurance scam illegal. Yet, despite the fact that we’ve known about this for years, it takes the New York State Department of Financial Services to run the investigation. Presumably the Consumer Financial Protection Bureau, now newly bolstered with the ability to regulate non-bank financial operations like mortgage servicers, can get involved. But Dodd-Frank makes it unclear who is supposed to regulate forced-place insurance scams at the federal level. Until then, we have to rely on the states.
It’s just another example of how most bank profits really do come from criminal enterprises. As American Banker reports today, JPMorgan Chase has recently stopped filing consumer debt collection lawsuits, because a whistleblower charged that the bank “falsely overstated the balances of thousands of delinquent accounts it sold to a third party.” And, they also found the exact same robo-signing problem we’ve seen in foreclosure fraud:
In April of last year, Chase ceased filing claims altogether in Dade County. That month, The Wall Street Journal first reported that Chase had dropped “more than a thousand” consumer debt cases around the country. Some contract attorneys cited documentation irregularities for the move, the paper reported.
Robo-signing, or the high-volume production of signed legal documents, has been a key element of the governmental and media foreclosure reviews. Chase’s current pullback raises at least the possibility that at least some banks may have documentation problems in other business lines.
Any “deal” made with banks on their crimes simply perpetuates an industry that mostly profits off those crimes.



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“Louise Story writes about a new investigation in New York of big banks and their mortgage practices. This one is not being run by Attorney General Eric Schneiderman, though he reserves the right to get involved. Instead, the New York Department of Financial Services is investigating the banks on the issue of forced-place insurance, one of the biggest scams going.”
I don’t appreciate this as insurance companies have done me wrong many times…. Gr
How much more evidence will it take to just arrest the CEO banksters, seize these banks, and put them in receivership.
President Barack Obama said that they did nothing illegal. Now that should be the end of it. Stop making waves. Let us look forward and not dwell on the past. Let’s not wallow in Watergate..er.no..uh..oops
$lavery and $ervitude were also abolished, at one time.
David,
Thanks for posting this and following it. For people that are forced to purchase Mortgage Insurance when they buy homes, it is an instant payoff to the lender when they can no longer pay the mortgage payments. When the banks then turn around and take out their own insurance policy on that mortgage, they will get paid again.
Take into consideration, TARP, QE, and all the other myriad of names the Fed and our Government has used to bailout banks over mortgages and their risky swaps and deals.
Then ask the question that many of us have been asking:
HOW many times do WE the taxpayers have to pay for those mortgages?
Why are the banks still claiming ownership of them and throwing families into the streets?
So, the strategy against the Bankzis is now looking like the WW2 Allies opening several fronts in a war of attrition. Eventually the Bankzis will run out of lawyers. Hope it’s long before DD runs out of blogink.
thanks David for more good reporting. We should be looking at how we control public utility companies as a guide to how banking and insurance should be controlled. Banking and insurance, when you think about it, don’t really create anything innovative, don’t really advance society in any meaningful way that I can see, they just provide basic, necessary services to an economy. They should be the most highly regulated operations around. Their prices and business practices should be monitored 100 percent by committees of citizens, experts, and outside auditors. Are they creating new drugs, new forms of energy, new methods of manufacturing, new research of any kind ? Are they improving their own products in any way ? Hell no, they’re a bunch of criminals that go unpunished, and the worst part is it takes us years after the crimes have been committed to find out about the crimes.
Nationalize all of them. Turn them all into public utilities, which is basically what they are.
Could you imagine what water and electricity would cost in this country if we didn’t control the public utilities ?
Can we get a finance version of the Analogs Act yet?
Interesting – I recall investigations of the ties between various insurance sales and banks going back to the 50′s – the insurance being every type of casualty sold plus other insurance from disability to credit life to credit health to mortgage completion life to the “mortgage ins” that protects the banks on the 20% in a 80% loan to value mortgage.
Where there was fraud it was stopped and fines paid and people fired. I suspect this will be the case here. I lived on the life/annuity/pension side of insurance and have no love for the CEO’s of the Casualty companies or for the credit insurance specialty companies I ran into over the years – almost all folks I’d rather not have dinner with. But I doubt there will be evidence of actual orders from the CEO to commit the fraud – instead there will be pressure to make sales and profit goals and decisions to not audit procedures – to look the other way. In the past the courts did not get interested in taking down the company (the case was against the insurance company as it was its product that sold via fraud) down.
It will be interesting to see if there something more here than better publicity for the DA’s office.
Yeh, I been at that precipice for a LONG time now, when do we start convicting the fucking crooks?
Aitch, that was master ful from first letter to last.
J’applause!
I have been FIRMLY behind the nationalization of many services related private enterprises for a few decades now.
Oil, air, rail, bus transportation, ship too domestically.
Energy, N MORE.
Course, that only if we weren’t owned by the 1% corporate fascists who own it all anyway, meaning that nationalizing it would only further corporate fascist controls.
Nope, the corps gotta go . . . first and foremost. Somehow.
Y’know, when I read the claims by the Obamabots that Obama “can’t do anything because Republicans in Congress block him,” it occurred to me that taking action against these creeps does NOT require Congressional approval.
Holder & Obama could move on this at any time.