In his statement on the Administration’s new housing policies, CFPB Director Richard Cordray makes a fairly stunning response, considering it’s posted at the White House blog:
The principles articulated by the Obama administration today are good guideposts for much-needed reforms in the mortgage market. The problems that plague consumers are well-documented. Too many consumers were steered into complicated mortgages that they did not understand and couldn’t afford. Too many families were forced into foreclosure because paperwork was lost, phone calls went unanswered, errors were not resolved, or documents were falsified.
“To protect consumers, there must be clear rules of the road and real consequences for breaking them. The Consumer Bureau is already hard at work making the costs and risks of mortgages clear upfront through our Know Before You Owe project. The financial reform law also requires us to create new mortgage servicing rules that hold servicers accountable for disclosing fees and fixing problems. We are also working with other federal agencies to develop common-sense national servicing standards. But having rules in place isn’t enough. We are closely monitoring mortgage servicers to make sure that no one gains an unfair advantage by breaking the law. Taking these steps to fix the mortgage market is good for consumers, honest businesses, and our entire economy.
“Documents were falsified.” Not “allegedly” falsified, not in some cases falsified, just the simple fact that documents were falsified. This is coming from the former Attorney General of Ohio, who filed the first lawsuit against a bank over the aforementioned falsified documents.
But now that bank, Ally, is banking a $270 million charge for “foreclosure-related matters.” You can reliably read this as the precursor to a settlement, where Ally and the other top banks will pay $5 billion at most, and then make principal reductions on investor-owned mortgages (paying off the penalty with other people’s money) totaling another $17 billion or so, to get out of the liability for routinely falsifying documents. We’re not talking about errors. Falsification connotes knowing fraud. It’s called foreclosure fraud for a reason.
Which brings me back to the question of why any AG would release said liability – which as we’ll soon see is probably a release of liability going forward – for a miniscule amount of relief for their constituents. In fact, as we know from Shahien Nasiripour, the only state that has any idea of the level of relief their constituents would get is California, which publicly opposes the settlement. These other AGs are flying in blind, when $15 billion of the $25 billion total is committed to another state, and there’s no guarantee that their affected customers will see one dime from the settlement.
Furthermore, in the one area where the settlement has been said to have improved, the terms of the liability release, as Yves Smith demonstrates, the letter from Nevada AG Catherine Cortez Masto about the settlement indicates that the release could be broader than recent reports suggest. Masto’s crucial Question #3 out of 38 says: “The State release contains a provision that prevents the State AGs and banking regulators from seeking to invalidate past assignments or foreclosures. Does this prevent States from effectively challenging future foreclosure actions that are based on faulty prior assignments?”
That’s a key question. All of the fabricated mortgage assignments and associated documents used to foreclose are back-dated, so the banks can simply say that they are covered by the release. Meaning that the release could cover ONGOING foreclosure fraud. The foreclosure mills basically invent new, “found” documents all the time, so this is a real concern. Yves writes:
The banks will pay an amount into the fund, and all issues relating to robo-signing and foreclosure will be released by the AGs: the banks will have a state level release from all bad assignment/transfer issues.
Note this does not stop private parties, meaning individual borrowers, from suing on these very grounds. But taking the AGs out of the picture prevents them from using their subpoena and prosecutorial powers to determine how widespread these abuses are and to negotiate broad solutions. So we’ll have the worst of all possible worlds: individual borrowers getting better and better at fighting foreclosures (or if you are a pro bank type, getting better and better at throwing sand in the gears) with the AGs sidelined in their ability to shed light on these issues and bring them to resolution on a broader basis. And given that the OCC has already entered into weak consent orders with the major servicers, and past servicing settlements have been violated, I remain skeptical that this deal will stop these abuses. Remember, bank executives piously swore in 2010 that they stopped robosigning, yet their firms continue to engage in that practice.
So this is a major release of liability. And in exchange, we’re supposed to be happy about an ongoing investigation with the participation of the New York Attorney General, something Harold Meyerson lauds today. What this fails to recognize is that this release would invalidate one of Eric Schneiderman’s key motions against Bank of New York Mellon, in his bid to stop the settlement between Bank of America and investors over mortgage backed security claims. Schneiderman used the argument of mortgage originators failing to convey loan documentation to the trusts as a key part of why the settlement should be disallowed. That’s the “pre-crisis” conduct he’s going on about. This settlement would make it nearly impossible to litigate that. To quote Tom Adams (from Yves’ post):
Economically, if the banks get released from failing to properly transfer thousands of mortgages into the trusts for a mere $5 billion they will have gotten the deal of the century. Especially because this settlement will do nothing to stop borrowers and courts from challenging foreclosures and continuing to expose the failure to transfer. So not only will investors pick up the cost of most of the settlement, but they will then still be exposed to the bad transfers, while the banks get a get out of jail free card.
Bill Black has more on the lack of teeth to the prosecutions here.
When I first got wind of this new fraud unit, I thought that its goal was to grease the skids for the settlement. It’s really hard to see how events have rejected that thesis. So far, Schneiderman, Kamala Harris and Beau Biden remain nominally opposed to the deal. Their fellow AGs ought to understand what they’d be giving up here.
UPDATE: And now we have a possible indication that joining the robo-signing settlement is a condition of joining the federal/state RMBS working group:
Oregon Attorney General John Kroger likes what he sees in final deal between the multistate AG coalition and mortgage servicers and said Wednesday he will sign onto a settlement.
But Kroger also said he wants to join the federal task force investigating securitization and other lending mispractices at the largest banks [...]
A spokesperson for Iowa AG Tom Miller, who has led the talks, said the deadline was extended for states to sign the deal to Feb. 6 from Friday at the request of an undisclosed AG. The multistate coalition will file the judgment in federal court assuming it gets a sufficient number of sign-ons.
Oregon was one of the states that met with dissident AGs prior to the announcement of the RMBS working group. Kroger also lists specific numbers to which borrowers in his state should expect (“$100 million to $200 million in relief”), so that’s new.




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(my bold)
Lending
mispractices?Wow let me get my boots and shovel. Perhaps malpractices would be more truthful.
PLUNDER
Now ding-dang-dab-nab-it, DDay!!!!
You weren’t supposed to notice this.
A whole lot of people have worked, very hard, to let lying dogs sleep … and here you go and pull the rug out from under the wool over people’s eyes.
If,n ya keep this up, then sumbuddy is gonna haf ta make ya an offer ya can’t defuse, a process tenatively (based upon the “results”, which are promised to be made available in six to eight months, three, if ya got ‘em) known as a “Schneiderman Gambit”.
Seriously, your reporting is, far and away, the absolute best that lay-people (as differentiated from way-laid people), in this nation, have access to.
Thank you, DDay, the Most Prolific, Most Readable, and Most Effective.
Watch out for banksters bearing “gifts”, please.
DW
Between Obama, Holder, and Schneiderman, the sellout is almost complete.
We are so fucked.
Apparently the people of Illinois were f***ed last Friday when our AG Lisa Madigan announced her involvement in the new federal RMBS group! I have to say that that’s not surprising considering she was always going to f**k us anyway on the state AG settlement.
David,
Has anyone heard if there are answers to the 38 questions that Nevada AG Catherine Cortez Masto asked as a prerequisite to her signing on?
Is everyone else just signing without knowing the details? These Attorneys General are attorneys, right? They do not deem it responsible to actually read what they are signing away for us?
Another question:
Are the Attorneys General releasing the banks from liability for document fraud, but leaving all of the MERS recorded mortgages with clouded titles? Who will pay to unclear titles so that homes can be sold? Do they intend that the US government will pass a law, (I guess the Republicans would be all for this), that MERS is legal, and vacating 50 State’s property laws?
And if there are mistakes in the hastily entered privately held electronic record, (MERS) then home owners just have to live with a false reality if they can not afford thousands of dollars worth of private attorney fees to clear their (millions of) titles?
So I guess the real question is: Does the settlement require the banks to actually properly register the mortgage holder transfers with the County Registrars, for which they are receiving release from fraud for not transferring correctly in the first place?
Sounds to me like it’s time for a courageous homeowner to hire a gutsy lawyer and move to intervene in the federal court consent decree case to be filed Feb. 6. The intervenor should seek to stay proceedings and/or enjoin the settlement as not in the public interest and as posing a direct threat of financial harm to that homeowner by retroactively curing fraudulent assignments (transfers) of ownership of mortgage note(s) on their property.
I know, I know, we have all seen copious verbiage about how the pending deal “will not bind individual homeowners,” as the quote from Naked Capitalism restated. But forcing the court to deal with a real homeowner trying to intervene to stop real financial harm could force the court to include terms in the consent decree that would expressly guarantee the rights of individual homeowners to commence or continue separate litigation against foreclosure fraud.
This is a disgusting sellout by the state AGs. We knew Obama would sell out homeowners because he is nothing but a sock-puppet for the rich, the wealthy bankers & the corporate ownership class. We also knew Obama is purely venal (selfish) and self-centered and cares only about his own political career.
But to see a substantial majority of state AGs joining in this criminal conspiracy disgraces the entire U.S. legal profession.
gawd that is one long ass column from Bill Black!
It is superb, as usual, and should be required reading.
But why did he wait until yesterday to post it?
He quoted a small portion of preznit’s SOTU, then said this:
“Disgraceful surrender.” Ditto.
Before anybody jumps on me, when Bill Black said it was a “disgraceful surrender,” he was talking about the terms of the settlement as they were proposed as of the day of preznit’s SOTU, January 24. In the week since then, according to Black, the deal has changed dramatically, because Schneiderman and progressive AGs fought back:
Don’t worry, consumer advocate, Elizabeth Warren, will straighten it all out.
While Bill Black hopes progressive legal forces “may be achieving … [two] huge goals,” he just can’t help himself. He calls bullshit on Eric Holder’s DOJ and the rest of the federal law enforcement apparatus that could have protected us from this massive criminal conspiracy:
What’s the dollar amount of fighting back? Didn’t see it in your cite.
Just az soon as she gets her comfy billionaires job in the U.S. senate.
Prediction: after all this baloney, the rate for default or people missing payments, etc. will be exactly the same.
People stiff banks on loans and then must think of a justification for why it was alright.
Hence, CFPB.
How many people who understood, and had a loan explained to them decided to tell the person processing the loan, “uh, I don’t want it.”
I am even talking about simple to understand car loans.
It would not matter how you explain the loan, what you say, how your present it; people at that point are in the “I want it mode.” Even if the loan sounds a bit steep, their want for the item overpowers their better judgement.
I am certain that even if all the people who got mortgage loans completely, fully understood them, very few would have backed out and decided not to go. Even if they knew the payment would go up and how much and that and that.
The only good thing about CFPB is that it will eliminate that excuse.
But, then, sure as shooting, defaulters will think of another excuse.
CFPB, or Obama, have no idea of the real why behind these things and are doomed to fail.
To translate, I am saying that even if there were full disclosure on the mortgates, all the papers were done correctly, the banks told their investors about the dirivitives, etc., you would have STILL had the meltdown because:
1.people would have still taken the mortgages
2. banks would have thought the ever increasing value of real estate would cover them.
3. Dirivitive investors would have thought the same thing.
The ONLY thing that would have prevented the meltdown was old fashioned good banking.
1. requiring full proof of income
2. full proof of employment
3. full appraisal
4. keeping within strict bounds on income/debt ratios
5. setting a high credit score requirement
And turning down everyone that did not meet the long known criteria for a worthy borrower. These 5 are well known and have been for many years.
People ALWAYS think banks are too stingy loaning money. In 2008, they saw the results that happen when they AREN’T stingy.
The fact is: IT IS M’FING DIFFICULT TO GET YOUR MONEY BACK.
Question, how many people here have loaned money to a friend and then it didn’t get paid back as they had promised, either on time or in full?
I’ve read that the whole business of settling potential criminal cases for cash fines instead of criminal proceedings and convictions started with the feds and has quickly devolved to the states. Accepting cover-up cash is a crime in itself and encourages business criminals to manipulate and negotiate “settlements” to avoid trials, convictions, and jail. The practice is widespread and ‘settlements” are proudly announced at star spangled press conferences by beaming state AGs. NJ got a piddly squat settlement this past year: http://www.nj.com/news/index.ssf/2011/06/nj_democrats_expect_state_to_r.html Of course, as of the article, nobody had seen any actual money. Maybe the banks will do what insurance companies do to claimants, hold out and offer pennies on the dollar until the claimant takes an even crappier final settlement just to get something. (Only when AGs do it, I would suspect collusion.)
They’re keen politicians. That’s all that matters.
Who are these imbeciles with the 5 day deadline ? What is the rush ?
Is the mafia running the country really ?
Yeah, ‘fraid so.
Looking backward, huh. How quaint.
On edit: To be serious and not snarky, when was there ever good banking. When I visited Florence, I read a book about Medici’s banking practices (complete with balance sheets if you can believe that). The short version is that the banking centers in other countries were blood relatives. Only way they could hope to preserve some semblance of not being stolen blind.
Principle is universal for all times & places. There is no such thing as good banking practices in practice.
Is your point that full disclosure wouldn’t have prevented all the serial fraud perpetrated by bankers?
No shit.
The next time there’s a Liz Love In on FDL, I will get banned — maybe for life.
UH, I guess you must be one of those people who try to fix their car by finding out what might be wrong in the future.
In order to actually fix a problem completely, you have to know the real WHY of it. Without that, you never fix anything.
Great example, trillions have been put into solving poverty. The poverty rate is still the same today.
I don’t know what the real why is, but for sure, it has not been found. When you find the real why, things nearly instantly begin to go right. Doesn’t mean they are “right” instantly, but instantly move in that direction. If the right why for poverty were found and acted upon, there would be no poverty within a definite time.
The CFPB will solve nothing.
Usually, here is the way it goes.
1. name a problem
2. guess at the why
3. form a solution based on the guess
4. that solution doesn’t work
5. come up with another guess (or, “maybe we didn’t do enough of the solution in #3″)
6. have more failure
7. replay 5 and 6 ad infinitum.
Medical costs? Poverty? Endless war?
For each one the real why has not been found.
Problem is much deeper than disclosure. My 20 on edit. Banking is an ind designed to steal. If some outside, independent influence does not intervene, like blood relationship among the Medicis (and I admit the book I read did NOT reveal the weaknesses in that model) or independent govt in modern times, the rest of us will be stolen blind.
Jews suffered or profited mightily over the decades from specializing in this biz. BC their religion did not disallow profiting from interest.
I favor charging interest for time value of money. Damned if I can figure out how to prevent abuses when banking ind has bought pols.
The poverty issue is simple. The billions (doubt that it is trillions except for SS which vastly diminished poverty among seniors) is that not enough money was allocated and that which was went to shysters not the poor.
Oh and the real why has been found a long time ago.
Can you give us a few examples?
What serial fraud are you referring to? Foreclosure papers? That would have had nothing to do with people taking out the loans in the first place.
The only kind of fraud that would have gotten in the way was if the banks had made up the papers, signed the loans themselves (the borrowers knowing nothing about the house or the loan) and then going after people.
If you are talking about some kind of “not telling the person what they were signing,” I am saying it would not have made a difference. Even if the person was fully informed and completely understood the loan, they would have gone for it anyway (OK, if it was 30% interest and pay us two payments instead of one, then not) because they are so intent on getting whatever it is they are applying the loan for.
Now, if you are saying that banks loaned money to people they knew would not pay back, I’d agree with you. Except, “knowing” who can’t pay you back, with a few extreme exceptions, is not always apparent.
I am sure 95% of borrowers who defaulted could have made a good case for why they could afford it.
But, listen, it doesn’t matter, the urge to find a way to justify stiffing someone on a loan will over come ANY rational discussion about the subject.
You lie to a friend. Afterwards, that friend, well, he did this to you and that to you. His or her clothes look funny, they “weren’t that friendly to me anyway.” etc, etc. It happens all the time, not only with banks.
Why do you think Jews were hated for many years? Many in the lending business were Jewish. People didn’t pay back and needed some reason to make their conscious not hurt so much.
You have to live with it someway.
Rec not going there, but it is your choice.
Yes, #5
Q: Did Jews make more money or lose more money by specializing in banking.
When you find the car is not running right, and you locate the distributor is not working, and you fix it, the car runs great.
Another example, a business person thought he restaurant had too high prices and therefore, not much business. He lowered the prices and still no business. Then, he discovered that people in the neighborhood liked Italian food and not so much Greek food.
He changed the menu and instantly had crowds coming.
I really don’t know if a real why has been found for many governmental problems–hence the fact almost none seem solved.
Long running problem without significant improvement or elimination; you don’t have the real why.
If you think about it, it is just not possible to have an actual real why for a problem, act on it and NOT solve it. Therefore, by logic alone, if you have a problem which is not resolving, you don’t have the real why. There is something about it you don’t understand yet.
That works for business, personal and governmental problems.
How much money they made is irrelevant.
Same way if works for racism, etc. You do a wrong to someone, you have to think of reasons why it is OK. The easiest technique is to make less of what you hurt.
So, you come up with all kinds of reasons to dislike the person which don’t actually make sense. In this case, slavery and all the ideas of “black people don’t like to work,” etc. It doesn’t come from some inate evil nature. It comes from, you did them wrong and you have to think of why they are not all that great so that doing them wrong is not all that bad.
Get it?
Your statements about institutions not finding the solns are naive in the utmost. Many solns are completely obvious in the sense of plenty of supportive evidence.
I’ll note for the record you did not address my issue.
Racism has nothing to do with the facts, which is what I asked.
They tried to foreclose on Ozymandias? Am I right?
We know the “why” about all of our social and economic problems.
It’s just not in the interest of the PTB to solve the problems.
Get it?
sorry, you lost me. Dollar amount of fighting back? Did you mean something like, what would it cost to win $25 Billion in relief from the top five banks? Or, what would it cost an individual homeowner to fight their own foreclosure fraud case?
Come on can anyone really have believed that Obama was really going to do something to help the average person and hurt banks?
I was getting at the fact that nowhere was mentioned the macroeconomic implications in your cite, namely that Black did not mention the tradeoff betw the social good of fighting back vs. the craven caving of the USG. IOW, hard to regard Black seriously when he does not put a number on the problem.
AG Catherine Masto, and AG Kamela Harris, kisses to you both.
Obama’s White House spin machine is clogged up yet again.
Foreclosure Accord Deadline for States Postponed to Feb. 6
http://www.businessweek.com/news/2012-02-01/foreclosure-accord-deadline-for-states-postponed-to-feb-6.html
Well there are about 25 million unemployed and nearly an equal amount living on a poveerty wage. That pretty much tells you the scope of the problem and suggests one possible line of solution: more jobs and better jobs. How do you do that? There are any number of proposed solutions but the government is incapable of doing any of them, sort of like attacking the mortgage fraud. The gap between the rich and poor is wider now than ever, it too is no accident and can be traced to government inaction. Nothing new here.
You say there have been trillons spent to end poverty? Well two thoughts. first where were they spent and how come no one is in jail(ok that’s two) and second we obviously need to spend trillions more. It’s only money after all.
How old are you? The first 4 of those 5 “old fashioned good banking” rules were indeed in play when I was in my home-starting years (1970′s) but not that No. 5. That one is part of the live-on-credit bullshit.
Here’s my story, VERY common in structure:
At the turn of the millenium, I landed in an emergency surgery situation 2000 miles from home. Upon release, the hospital gathered all the bills and submitted the package to my insurance company, which covered everything.
But 2 years later, the anesthesia provider, whose bill apparently was not in that package wanted $6000 from me. Grateful to be alive, I offered to do all I could to get them their due, but did not have $6000.
My insurance company thought I was joking and laughed in my face. The anesthesia people determined that my claim of poverty was credible so they wrote it off and submitted a lethal report to whomever collects this kind of info.
Today I do not have a credit rating high enough to get me a little account at Radio Shack because of this. Fortunately, I do not give a shit and choose to not live off credit. But your listing this fucking credit rating as “O.F. good banking known for a long time” is just bullshit.
Ok so some dumb ass making minimum wage buys a 400k house bc Jesus told him he should have it. Fucking jerk, right? But the bank knows that and still sells it to him. Then they turn around and package it in a MBS certified triple A by our rating agencies. You know the same dumb fucks who downgraded the treasury debt. and I do mean dumb, as rocks. Then they sell those securities to investors and pension funds. Eventually Leroy can’t pay. Jesus wants to repossess it. So they robo sign it. Then some new owner hears a knock on the door and there stands a fella with the real title. Meanwhile the fucking economy goes belly up and the fed puts our $29 trillion, yeah trillion, over the last three years and now we have 25 million unemployed and 50 million in poverty that you are so tanked up about.
Oh and those investors and pension funds with grandma waiting for the check? Yeah, they still waitin. Seen a picture of some of these places have you? Tell me about it. Those dumb fucks who bought the house again.
I’m going to step off that just a tad. Yes, you need to know what it will cost you going in to map out the plan. But if nothing is done about the disgraceful way the mortgage industry handled this over the past decade until 2008 then we are guaranteed to see it happen again, sooner rather than later.
We all know the damage in macro terms on unemployment, etc but this thing got into the soul. How many people lost a major portion of their life savings and it has still not come back and never will? You could write a lot about that. And those people did not buy a house or sell a mortgage or buy one.
I doubt there will ever be an accounting for this disaster. I doubt O and the DOJ have the stomach for it. That is the pity of it all. Some of the banksters should be put behind bars.
Hey, gang… I have a question that is related, but slightly off topic, but I need some help here!
I have purposely NOT paid my mortgage the last two months for a number of reasons…I (semi) care about keeping the house, and I need a place to live (but it is a hell of a lot to keep up with!!). I have had to borrow money from relatives after the divorce to stay afloat, and I am working hard to get them paid back to avoid causing them major problems. There are other debts that the bank has refused to work with me on. The fact is, I have not paid my mortgage the last two months.
I received the expected letter by certified mail telling me all these hideous things that will happen if I don’t pay up by February xx, including accelerating all payments, taking my first born child, etc. etc. Now, in the interim, I have an appointment to go visit with Bank of America for a loan modification next week. I have no problem with working out a plan to stay in the house. I don’t want to have to move. It is a nice house. I have simply been in a hole that did not allow me to keep up the payments for various reasons.
Now, the quandary — I received a packet from a BoA servicer telling me what all I need to do to avoid foreclosure. In a couple of places, it mentions that the servicer is attempting to collect a debt, and information obtained will be used for that purpose (pursuant to the FDCPA)! There are several forms to fill out, including to obtain back tax returns, etc. and current financial information. So, in order to get a modification or workout of the mortgage, I have to spill my guts about my financial situation to a debt collector!!!!! What the hell is wrong with this picture?? There is a statement to the effect that I will enter debt counseling if they determine that I don’t know what the hell I am doing…Or that they can yank any modification if they decide that I misappropriated funds (or something along that line!!).
My immediate response is to tell BoA to go ahead and try to foreclose, and I will do everything in my power to make it cost them big time!! There is no way to say “It is none of your business!”
Anyone have any ideas about how to handle this? It just really rubs me wrong…
Just finished reading Bill Black’s excellent piece, and I agree it is a must read for those wondering why no prosecutions of the elite propagators of the fraud of the century have been pursued, are not being pursued, and will not under this or the next administration.
http://www.neweconomicperspectives.org/2012/01/holder-obamas-propaganda-is-belied-by.html
Black again demonstrates how the system reacted much better and how his gang handled referrals and criminal prosecutions following the S&L crisis — and how all that is missing today.
While getting relief to foreclosure victims who have suffered horribly should be a top priority on one hand, so should going after those at the top who screwed this country over royally while petty thieves and those arrested on minor drug charges sit in jail. The message is simple. Either crime pays, or it doesn’t.
This latest attempt by O’ministration to create a special fraud unit is as much of a fraud as they claim to be targeting. It lacks teeth, it lacks bank enforcement expertise, and it’s designed to be a complete whitewash that will protect the fraudsters from any criminal prosecution and send the message to others that crime pays.
Stop playing the attorneys general and the American public for fools.