Matt Taibbi starts off positively exultant when talking about developments in the foreclosure fraud settlement, particularly on the narrow release of liability, but I’m interested in what happens after he gets his head out of the clouds:
Let me clarify something, for readers who might mistake my meaning here. Robosigning is not a small offense. It’s not a “clerical” issue. It’s a mass-perjury issue, a tax evasion issue, a contractual fraud issue, and it’s a criminal conspiracy issue (the banks’ highest executives were engaged in planning it) and it resulted in millions of errors that resulted in untold numbers of premature foreclosures.
Robosigning had a profound and immediate impact on large numbers of actual human beings, and I don’t want people to think I’m dismissing it as unimportant. I probably also shouldn’t celebrate news like this until I see how the actual deal looks, what wording is used to narrow the deal’s purview, how homeowners and other victims will be compensated, what will be done to prevent it in the future, and so on [...]
When I first heard about the foreclosure settlement, I thought it might contain a broad waiver for everything, including the tax evasion issues, the fair lending issues, securitization, and all the other things on that list above. If they did that, that would be TARPx10. My only point about this deal is that it appears to have been effectively negotiated down from a bloodcurdling outrage to whatever it is now, which is probably something far less than that: it may still be a serious underpay, but it’s not the unreal, criminal giveaway it was originally meant to be.
Taibbi has kind of bought the argument that the robo-signing was a smaller part of a bigger fraud in the securitization markets, which is true. That doesn’t mean that a settlement that allows you to go after that poisoned tree by only giving up the fruit is in any way equitable. That’s the point of California Rep. George Miller, a key ally to Nancy Pelosi:
Democratic Congressman George Miller of the East San Francisco Bay area says he’s “proud” of Harris for leaving negotiations that aren’t in the state’s best interest. And he says any agreement has to be transparent.
“Whatever settlement they have has to go out to the public for a week, for a period of time, where it can be commented on,” Miller said, “because this represents the largest decisions about people’s homes, their equity, their assets and their worth.”
There is a path to a settlement that would at least be somewhat strong, and it includes a whole lot more elements than a narrow release of liability, as Abigail Field explains. It includes serious enforcement with an independent court-appointed monitor that has actual authority and the ability to impose penalties. It includes real nationwide servicing standards that include an auditing of the servicing software and account records to check for systemic fraud, rather than just a promise not to do the bad stuff ever again. And it includes principal reductions where the monitor, not the banks, makes the decision on who gets relief and at what amount. The banks have to pay the fine here, not pass it on to investors. Furthermore:
Regardless of how the DE’s MERS lawsuit is resolved and liability for its past actions addressed, the settlement should include an agreement to stop using MERS on all loans made after the date of the settlement. We need to limit the damage.
The settlement has to deal with the fact that most mortgages’ documents are FUBAR. ‘Robosigning’ isn’t simply about signing documents in a funny way; it’s about creating documents the banks don’t have because they didn’t do their job right at the outset. Why are they creating the documents? So they can win foreclosure cases. That’s obstruction of justice. When you don’t have the evidence you need, you’re not supposed to just make sh-t up. But the servicers are, systematically. And it’s not like they’re doing things they have the right to do, just late. For a variety of reasons these documents are just fraudulent. They’re creating documents in the name of companies that have long since gone out of business, for example.
Bottom line: You can’t solve “robosigning” simply by slowing the process down long enough for people to review newly-minted documents before submitting them. Similarly, if the database the reviewer is checking the numbers against is wrong, the review doesn’t help either. How to resolve the FUBAR documents situation? I don’t know. All I know is that the topic has to be dealt with head on.
This is of course what regulators probably don’t even want to wrestle with. The broken nature of the land title system in the United States is a can of worms I think these people aren’t legitimately interested in opening.
But the larger point, made by this depressing FAQ out of USA Today, is that even with less liability release, the settlement reflects a small pittance of money for borrowers, which the banks won’t even pay, and the whole thing is at their discretion, so the benefits remain murky. If that’s something to cheer about, I must be in the wrong soccer stadium.





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Here’s another “stumbling block.” Guess who’s going long on this misery?
On a CBS newscast, I heard Scott Pelley say that the offense of robo-signing involved people signing foreclosure docs without first reading them. He made it sound like a kinda innocent, careless screw-up. I don’t have a link but I heard what I heard.
That’s like saying that someone who stole your checkbook and wrote a bad check didn’t check your account balance.
David, I’m really, really, REALLY hoping Taibbi spends a little time over here reading your wise words.
Thanks, as always.
“Q: Who won’t have any chance of a principal reduction?
A: That would be most borrowers, including anyone current on a mortgage and people with loans owned or guaranteed by a government entity, including Freddie Mac, Fannie Mae or the Federal Housing Administration. They hold about 56% of existing home loans, says magazine Inside Mortgage Finance.
In a recent paper, the Federal Reserve estimated that 12 million mortgages are underwater, and 8.6 million of them are current on payments.
Smoke and mirrors to keep the game going
Thanks for your diligence DD.
I concur, you should write a book about the bank fraud.
David, I read about this every day, and most appreciate the news and analysis you provide! Through a long chain of events, I have wound up with a house that I live in that needs LOTS of repairs and upgrades, with a snowball’s chance in hell of selling it to even break even (excluding any realtor’s commission…).
I purposely stopped paying the mortgage back in December. Good old Bank of America has gotten in touch and told me about their wonderful programs to assist ailing homeowners, and I am supposed to meet with them in two weeks (apparently there are a LOT of other people going through the same issues).
I wonder if I will be the one to bring BoA down by defaulting? Is there any kind of prize for doing that? I am ready to go for the gold… With regard to the earlier post about the complaints that were referred to the DoJ (and nothing has been done) — I just wonder if our 1% elite are prepared for when the 99% begin to flagrantly violate laws, realizing that there is no penalty? I would love to be a bystander and watch what happens…
Keep up the reporting!!
I see everyone is getting excited about this “new” investigation(s) that Obama has called for. I for one think absolutely nothing will come of it. There might be minor financial settlements with the banks. You know those ones that look like big numbers, but compared to what they have stolen over the years, it’s merely pocket change.
Call me a skeptic!
I wish I could walk into a bank, steal $1,000,000, then walk out again and make the following deal:
1. Not face arrest
2. Pay back $100,000
3. Admit no wrong-doing
4. Keep the remaining $900,000
5. Live happily ever after
I read that today also, then remembered that the people running this place like others were none other then ws lackies. Whats not to like.
David right on, Matts confused I hope that’s all it is but Main Street gets F*&^%$ and ws criminal class
walksrides away in the corp limo/jet. Lifes good;)$20B down the mortgage company rabbit hole vs to homeowners who had real losses due to fake bank documents. All these “reduction in amount owed” are payments to banks to cover their loses created by their criminal fraud. Similar to the first $1T they got.
Time to help the 5 million homeowners who lost their homes and the thousands of dollars in downpayments and settlement fees and insurance and mortgage payments.
Mortgage companies and banks have to produce every mortgage for which they falsified documents with robo-signing or other methods
Every home owner to whom this happened is paid $100,000. If actual damages are over that amount, those actual damages are also paid.
The settlement we are looking for is about $500B paid to defrauded homeowners.
Seems more likely MERS will be retroactively made legal than we will go back to the old land title system and fine away all the capital we worked so hard to put into the banks.
But the regulatory need you mentioned should be obvious to all and in any settlement
There is strong, very strong, feeling in Congress, both D and R, that some are trying to lay an investment decision gone wrong – the purchase of a house – at the feet of the banks that gave those folks the money to make that investment bet. Only the 1% get that kind of a heads you win, tails you win offer in the US – so I would not get my hopes up for a mass restoration of everyones net worth as it existed 12/31/2008.
But there was wrong doing – and perhaps we can get a logical mitigation (principal reduction to market if you can then handle the loan, plus a lower refi interest rate) out of the settlement and in addition get the regulation that Greenspan refused to provide and which the GOP still are trying to avoid under Dodd-Frank. Heck, the Volker rule if tightly and strongly enforced is effectively a return to G-S, indeed to a better G-S as it forces the bank’s interest to be aligned with the customers interest – or at least not outright against it.
One final question for the evening, and I hope it is not too late… What the hell is so sacrosanct about $25 billion? Is that a number that the banks came up with?? Why can’t it be $200 billion? Or, $500 billion? The amount on the table, $25 billion, is a mere pittance!! The banks need to suffer some!!!
sojourner,
Please keep us abreast of how things go.
I wish you the best.
Memory fades quickly, but I believe a very large sample of mortgages was taken which led to the belief that $30 billion would cover the principal write downs required for underwater principal write downs for mortgages held by those that can most likely pay the new mortgage amount after the write down (if you are out of work a write down is pointless as the path is to a bankruptcy discharge or a short sale).
It was negotiated down (the banks thought fewer would qualify) but another year and another 2 to 3% decrease in value and some guesstimates are that $40 billion is needed.
$500 billion, if paid to the hedge funds via a put back, is the destruction of the banks shareholders and the turning of the banks over to the hedge funds as new owners – the same hedge funds that caused this mess,
and if paid to homeowners means that by buying an asset that decreased in value you won a lottery ticket that paid off many times your loss in value of the asset – and many would challenge the idea of such a lottery win on the grounds you are responsible for at least some part of your loss, whatever the fraud that occurred as you bought the asset or was there to get you to buy the asset(such as teaser rates – are these really fraud all the time?). .
Hi everybody. What about facing everything in the criminal organization that is commonly referred to as Congress and the Presidential Administration HEAD ON. What are they going to do? Throw all of us into a FEMA Concentration Camp? Who would the MSM have as an audience then?
Who would advertize on a channel or in a newspaper or magazine that didn’t have an audience or readership. Who would they pull the next fast “one” on? OWS is pitifully small, and as you can see by the numbers they got in Oakland, the protestors are tragically ourmanned by the force and hideously unamerican tactics of the armed men in Darfeda outfits that call themselves police. “To serve and protect” Who? The banksters? We have to stand up ALL OF US, because whether you like it or not, the next step they will take, the elite, the oligarchs, is to trigger World War Three.
Over what? The oil and the gold in Iran and the progress that is being made in Russia China and India to a lesser extent The oligarchs are so jealous, and so greedy, that they can’t bear to let another day pass without grasping at what they perceive is getting in the way of the
ownership of power. This attempt to pull the wool over the eyes of the American People and get away with this foreclosure scheme is disgusting beyond words. Any president who would entertain the notion, let alone the representatives of the organizations who did this to ruin our beautiful republic and the lives of our citizens, is part of it and must be dealt with accordingly. We have laws and we have rights and we have the Constitution, and above all, we have God’s promise. THUS SAITH THE LORD
If you will repent and turn from your wicked ways, and SEEK MY FACE, I will hear you and I will heal the land. So instead of pointing fingers we have to do some soulsearching and repent for all of our sins, of comision and omission, all the way back through all generations all the way back to Adam and Eve. God really isn’t asking for very much, then we have to turn from our wicked ways, which shouldn’t be hard because even if we wanted to do go on sinning, none of us have any money now so it’s almost impossible to imagine how to bankroll sinful stuff any more.
Then the LORD promises that he will hear us, and he will Heal Our Land.
Meaning Heal>
Thanks! I will certainly do so! I am just entering the whole process, but I really do not give a flip how it all comes out! So, I am just driftwood on the river, so to speak ;-) I will let you know what happens!
Thanks for the background and info! I had been wondering about how some of the numbers were arrived at!
Are you thinking there is some moral authority the banks have to tell people to suck it up and live with their own bad investments? Cuz that MA is toast as of $29.6 trillion in bailouts, and the only reason homeownership has ever been a bad investment is because of abuses by banks and financial entities.
Working Americans did not blow up and pop the bubble, did not ask to be given subprime loans when they qualified for prime, did not pay the ratings agencies for fraudulent securities assessments, nor are they responsible for many other fiscally unsustainable policies such as the completely gratuitous invasions of foreign countries, and the unfunded Medicare Part D, among others.
In addition, if every underwater homeowner scored their lost equity plus $100K, the economy would instantly heal itself with the sudden surge in debt fulfillment and demand for consumer goods and services. Whereas, in the case of more institutional bailouts, all we get is fat and happy One Percenters who think they’re All That when they’re really just a bunch of greedy morons trashing the planet for shits and giggles.
What tickles me the most is how the 1% congratulate themselves for their aesthetic refinement with $50 million art pieces when all they do all day is ruin and trash and desecrate the one planet that is their only home. For instance, there is a way to clean up the Gulf of Mexico called OSE II that the EPA refuses to permit because the cleanup would involve an accurate assessment of the oil spill and a larger fine for BP. What a bunch of assholes.