Everything you heard from Shaun Donovan yesterday about an “imminent” foreclosure fraud settlement is predicated on the idea that Democratic Attorneys General, of which between 1/3 and 1/2 have pursued or are supporting their own investigations, will sign onto the deal in the end. To help that along, Donovan, along with the short-timer at DoJ Thomas Perrelli, will hit the road to pressure the Democratic AGs to go along with the settlement.
State attorneys general are being invited to meet with U.S. Housing and Urban Development Secretary Shaun Donovan and a Justice Department official to rally support for a proposed settlement with banks over foreclosure practices, said the Iowa Attorney General’s Office.
Materials about the proposed deal are being sent to all states, and Democratic attorneys general have been asked to meet on Jan. 23 with Miller, Donovan and Associate Attorney General Thomas Perrelli, said Geoff Greenwood, a spokesman for Iowa Attorney General Tom Miller [...]
At the Jan. 23 meeting in Chicago, the federal and state officials will answer questions and discuss details of the potential deal in an effort to win support, Greenwood said. Republican attorneys general will separately discuss the proposed settlement by phone the same day with their Republican counterparts on the negotiating committee in addition to Donovan and Perrelli, Greenwood said.
We have broad outlines of the deal, but nothing entirely specific. It looks like the settlement rises in value with California’s participation. New York is also a big state, even if it doesn’t have as many foreclosures, but only California changes the settlement value. That suggests that HUD and DoJ believe they can corral Harris into a settlement, even though there’s been no actual evidence of this.
What hasn’t received enough attention is the extent to which we’ve already been down this road. In 2008, 12 AGs entered into a settlement with Bank of America over Countrywide lending practices. As part of the settlement, BofA agreed to modify as many as 400,000 mortgages, costing $8.4 billion, with a variety of types of mods, including principal reductions and refinancing. In addition, servicer practices were supposed to change and foreclosure operations on the affected homes suspended.
None of this happened. We know this because Nevada Attorney General Catherine Cortez Masto filed a lawsuit last August based on eyewitness testimony and case studies of borrowers covered by the settlement. Not only did BofA fail to modify the loans, they actively harmed the borrowers involved. This is from the lawsuit:
In her filing, Ms. Masto contends that Bank of America raised interest rates on troubled borrowers when modifying their loans even though the bank had promised in the settlement to lower them. The bank also failed to provide loan modifications to qualified homeowners as required under the deal, improperly proceeded with foreclosures even as borrowers’ modification requests were pending and failed to meet the settlement’s 60-day requirement on granting new loan terms, instead allowing months and in some cases more than a year to go by with no resolution, the filing says [...]
The complaint says the bank advised credit reporting agencies that consumers were in default when they were not, and contends that Bank of America employees deceived borrowers about why their requests to modify loans were denied. In addition, it says, the bank falsely claimed that the actual owners of loans had refused to allow changes to their mortgages, and it incorrectly claimed that borrowers had failed to make payments on trial loan modifications when in fact they had. Bank of America also misled borrowers, the Nevada attorney general’s filing noted, by offering loan modifications with one set of terms only to come back with a substantially different deal.
Among the more troubling findings in the Nevada complaint is the contention by several Bank of America employees that the company imposed strict limits on the amount of time they could spend on the phone assisting troubled borrowers seeking help with their loans.
One worker said in a deposition cited in the complaint that employees were punished if they spent more than seven minutes or 10 minutes with a customer. Even though these limits allowed almost no time for assistance, Bank of America employees who did not curtail their conversations were reprimanded, this employee said.
Why would you enter into a settlement with the same banks that did not abide by the terms of the settlement the last time? I’ve heard the settlement described as a slap on the wrist. It’s not even that! It’s an attempted slap on the wrist where the guilty party avoids the slap! That’s the history of mortgage settlements over the past few years. And there’s no reason to believe we will have better enforcement of the deal this time. Indeed, everything I’ve seen suggests that the principal reductions and loan modifications will be discretionary on the part of the servicers. The banks can pick and choose on whom they bestow a modification.
Masto wrote in her complaint on the Countrywide settlement that Bank of America’s “misconduct cut across virtually every aspect of the Defendant’s operations,” and they “materially and almost immediately violated the Consent Judgment.” Bank of America employees are named in the lawsuit asserting this. I don’t know why any Attorney General, knowing this, knowing the complaints they have surely received, would enter into the same kind of settlement with the same banks. It’s a case of “fool me once…”




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My belief is that this push for a settlement has absolutely NOTHING to do with alleviating pain of the foreclosure of homes. This is a blatant attempt by the Obama Administration to bail out banks on their illegal activities. Shaun Donovan is Obama’s appointee. If he is promoting this settlement, then he is giving the face to the administration’s active support of the banksters. Was it not just Friday that Jamie Dimon as complaining that their was no adult in charge of cleaning his mess up? “You could fix all this if someone was in charge, ”Dimon said, tapping on the table for emphasis. “No one is in charge.”
http://www.bloomberg.com/news/2012-01-13/if-jamie-dimon-were-in-charge-u-s-housing-market-would-be-fixed-he-says.html
Obama is jumping to his command!
What the banksters are demanding is immunity for their fully documented crimes, and some sort of federal release from state mortgage transfer laws. I do not know if the Federal government can trump State land transfer laws, but I am convinced that the current Supreme Court would uphold anything that would get the banks a “stay out of jail free” card!
“Why would you enter into a settlement with the same banks that did not abide by the terms of the settlement the last time?”
We all know the answer.
If the bank didn’t live up to heir part of the deal, then legal recourse could be massive. But no, all we hear is crickets.
The pawns doing their masters’ work. Maybe all these AGs think they’re doing “God’s work”.
Sorry, Shaun, but this hastily cobbled up “agreement” just doesn’t pass the smell test. In fact, there’s quite the rancid stench about it.
So go back and tell your corporate masters where they can stuff it.
Not only has Obama not been pursuing this as he “promised”, he and his useless and clueless DoJ seem to be actually working FOR the bankers.
Of course, that’s just my opinion. I could be wrong.
BUt I’m not.
I can smell it from here. And I’m UPWIND.
$5 will get you $10 that Timmy’s got something to do with this.
Greatest corporatist ever.
O should get a medal from his masters – not a single one in jail (I mean that’s working it).
Egads!
This is not a settlement. I guess Jamie Dimon talked to DC and told them to fix it so they can keep on trucking.
This is nowhere close to being a settlement for the destruction of homes, values, neighborhoods, state and local land records, or anything else of integrity.
Sounds like a pretty good bet…
Ifn I recollect, not even one INDICTMENT either.
Them Countrywide scalawags paid a “settlement” of about 25% of what they stole and we agreed not to prosecute them. Shiiit. Rob a bank, gove back 1/4 of the money, and get off?????? HOT DAMN!!!!!!!
What a country!!!
Yakov Smirnoff
And we wonder why America is “such a beacon” to the world.
MY momma didn’t raise no stoopid children.
Seriously: is anyone here surprised at this lack of real action to hold the banksters “accountable”??
Not gonna happen.
Today’s Act in the Kabuki Show is entitled:
Wherein Jamie Dimon *demands* that ObamaLLP *do something* to make it look like ObamaLLP is, uh, “doing something,” while, of course, permitting Dimon & his plundering bastard ilk get away with everyone’s piggy banks with no consequences whatsoever. Bonuses for banksters, anyone? They soooo deserve it for working sooooo hard. And so Shaun Donovan dutifully trots forth and brays out some meaningless nonsense in order to shut up the rubes.
At this point, it’s not about money. It’s about people going to jail. And not the little players either. The kingpins. If that doesn’t happen, then we’re just kicking the can down the road until it happens again.
Rumor has it that little Timmy recommended Larry Summers for the new head of the World Bank as well. The USA continues to screw the world either militarily or economically, while practicing the same policies on the majority of its own citizens. Is this a great country or what?
One ring to bind them,
One ring to rule them all…
Thanks so much for your ongoing coverage of this issue.
Waiting to hear where CA’s AG is going to come out at this stage of the process.
Blessings,
If it’s not in the banksters best interest, it will not happen. This housing bubble was created by the banksters because it was in their best interest. Going forward, banksters ride the bus, American taxpayers get thrown under the bus!
It is funny that, we are a very smart NATION and we allow the banksters to fool us like that.
This is election year and the banks are the one paying for the officials’ election or re-election and the officials know if they want to be re-elected or elected they have to do whatever the banksters ask them to do. That’s why the officials are pushing to get it done right away so they receive their election funds.
People, we need to wake up!
I gave bank of america a double promissory note to discharge the alleged loan on my house, they kept it and refused to give me a clear title. Per federal laws following GAAP, I should discharge the alleged debt with the same species (instrument) that they gave me. I’m about to take them to court for violations of: GAAP; SEC, ect, ect, ect.
These banksters, they do not care about us; all they care about is their money and they do not care how they make it.
Wake up America, let’s put these banksters in JAIL, where they belong.
If we don’t, they will distroy the country that we love so much.
You got that right!