Reuters has the latest on the foreclosure fraud settlement which now has a February 6 sign-on deadline. They tackle the very troubling issue of enforcement which has bedeviled past settlements with the banks, particularly on loan modifications. Reuters writes that the states would get some enforcement authority in the settlement:
A proposed settlement to resolve mortgage abuses by top U.S. banks will give states broad authority to punish firms that mistreat borrowers in the future, according to documents seen by Reuters on Wednesday.
Under the settlement, which states are currently reviewing to decide whether they will join, the states and a separate “monitoring committee” will have the authority to go to court to enforce the terms and seek penalties of up to $5 million per violation.
A strong enforcement mechanism could help the states and the Obama administration sell the deal to the public, after left-leaning activist groups have questioned whether the negotiations were too lenient on the banks.
Joseph Smith, the current banking commissioner of North Carolina, would become the enforcement monitor on the settlement. And states would get some more authority to directly enforce their own consumer protection statutes at the big banks. But get this, the initial measure of whether or not the banks are following the terms of the settlement will come from “internal quality control groups.” In other words, the foxes will guard the henhouse. The internal quality control groups will turn over quarterly reports (so abuses from January would theoretically not get discovered until April), and only at that point would the monitor be allowed to let a third party review the report if he finds improper implementation of them. But basically, this extends out the enforcement process by months and submits it to an initial gatekeeper run by the banks.
The fines of $1 million for the first violation and $5 million for a second could perhaps induce compliance, though I’m skeptical based on the process itself. And lest we believe that giving states a piece of the enforcement will help, that only depends on whether the state regulators believe in their job description. In fact, a recent NBER study showed that state bank regulators are often even more lax than the compliant federal ones:
“Federal regulators are significantly less lenient, downgrading supervisory ratings about twice as frequently as state supervisors. Under federal regulators, banks report higher nonperforming loans, more delinquent loans, higher regulatory capital ratios, and lower [return on assets]. There is a higher frequency of bank failures and problem-bank rates in states with more lenient supervision relative to the federal benchmark.” [...]
Why are state regulators so much more lax? The authors argue that it could be attributed partly to banks being required to pay state regulators assessment fees that are pegged to bank size. As a result, “it is possible that state supervisors maintain a more lenient stance to ensure that banks do not shift out of a given state in search of another state with even softer state regulators.”
Exactly. These are the state meal tickets we’re talking about and the banks hold that over the heads of the regulators.
At least one Democratic AG, Oregon’s John Kroger, has said he would sign on to the settlement. HUD Secretary Shaun Donovan said at a White House press briefing that a deal could be announced “in the coming days.”
While liberal commentators put their hope in a savior at least somebody should pause and look at this settlement and what is actually happening to absolve one of the biggest consumer frauds in US history.



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And Obama achieves his final sellout of the American people , forcing a settlement that gets the banks off scott free and a piddling amount of fines. Liberal commentators have their heads in a dark place as usual hoping Obama will be our savior. Despite all evidence to the contrary. My guess is the ‘enforcement’ will be managed by someone like Geithner or some other bank stooge. That is Obama’s MO. Put the foxes in charge of protecting the henhouse.
It’s nauseating knowing the real villains won’t be held accountable in any meaningful way.
I don’t think that any Fire Pups foresaw anything but a complex settlement that would be hard to parse, but in the end would be a sell out to allow the banksters to chuckle about how they control things and the 0bot say that it was the “best that could be done.”
We shouldn’t expect anything less with this Trojan Horse president should we? Where is the outrage for the crime of the century? Sigh!
What would John Wayne do?
“A strong enforcement mechanism could help the states and the Obama administration sell the deal to the public, after left-leaning activist groups have questioned whether the negotiations were too lenient on the banks.”
Sorry, Dday, but they still refuse to use your name – going with “left-leaning activist” instead -
but you really are the one that deserves kudo’s for your reporting on this and making it apparently much tougher than the earlier version.
I am still hoping they get some forced acceptance of principal reduction and interest reduced to 4% 30 year loans – hopefully for everyone but at lease for those approaching or near foreclosure but who have the income and intent to make the payment of a reduced to market value principal lower interest loan.
And still no reported answers to the 38 questions!
John Wayne “The Duke” would crack skulls with an axe handle; John Wayne would probably be voting for Willard.
Why does California need a settlement? Why does Nevada?
Although I was trying to retain some degree of subtlety, I think you know I was not talking about his voting preferences. What is one supposed to do when the crimes are so egregious, and the system is so clearly revealed in its determination to deliver no justice?
Humiliated to be an Oregonian this morning.
There is, of course, no talk of righting the wrongs of the past mortgage fraud and no real mechanism (outside watch) to see that it doesn’t happen again, really. “The market will regulate itself because the illegal dealers will be outed and nobody will deal with them.” We see how the market runs with those “savvy businessmen” in charge. When you can cheat and make tens of millions and perhaps pay six mil or so if caught some months down the road and suffer no other penalty, then I can see where this settlement is headed.
We will need a shitload of axe handles then!
punish firms that mistreat borrowers in the future
Sorry, are we still just looking forward and not back?
If the Attorney General of the United States will not prosecute these people with the assistance of the SEC, FBI, etc., why would any state attorney general?
Precisely. Kabuki reelction BS. No One is on the side of the 99%.
There is no mercy in this land–for us “little people”, that is. Lotsa mercy for the banks and the rest of the mortgage industry. Thanks, O-Team and most state AGs.
W. C. Fields said (loosely quoted), “Well, you take the bull firmly by the tail and look it straight in the eye.” Seems that in looking forward in this situation, we are in that position.
This is what I just wrote to eCAHN over at Tboggs place. I thought it fit here as well.
“eCAHN,
I use you as a barometer at FDL. Lately I have noticed you a bit more ascerbic than usual.
I have been the same. I think this coption of NYAG Schiederman is really getting me down. Sorta like a slow motion train wreck.”
I guess I think more in geologic time because this train wreck seems to be happening very fast. But I agree it is hard to find a glimmer of hope.
Please remember, the Katrina vanden Heuvel who wrote the puff piece in The Nation that Dday linked to is the same Katrina vanden Heuvel who wrote this column for WaPo webdated Jan. 31 (WaPo’s hed exaggerated her point), which some may feel contradicted another Nation blogpost she did five days earlier (Occupy movement has had a major impact even without running for office).
She’s not exactly all over the map, but she is in love with the Veal Pen in a big way, endorsing the Progressive Majority in her WaPo piece. She admitted she edited Schneiderman’s column in The Nation in 2008, when he was a NY state senator; she also mentioned his 2008 column in her endorsement of him for AG in 2010.
We really need to see a draft of the settlement terms. This is bullshit, that the public has no advance opportunity to learn the terms of a nationwide deal of this magnitude ($25 Billion) and scope (five banks controlling majority of mortgage servicing market).
Even without knowing the written terms, it is obvious that the deal as described in the press departs in material respects from the structure of traditional settlements, whether compared to large class action settlements or to civil consent decrees with government agencies. For example:
there is no settlement fund under control of the court
there is no independent, court-appointed administrator of a settlement fund
there is no duty of continuing disclosure under control of a court-appointed master
the vast majority of funds to be credited as “payments” by the banks will remain under control of the banks
therefore, because the liable parties retain control of the funds, there is no financial security to ensure execution of the obligation to make payments should one or more of the settling banks become insolvent or be resolved under Dodd-Frank (e.g., the zombie banks Citigroup & Bank of America)
there are no “opt-out” provisions protecting the ability of non-signing states to continue pending litigation and commence new litigation
there are no extensions of statutes of limitation (“tolling agreements”)
there are no provisions to identify and eliminate conflicts of interest
there are no provisions for determining adequacy of counsel representing the settling parties
there are no provisions allowing for intervention by opponents of the settlement
Hey, this is a good settlement, the best we could get so you should accept it. Trust me. Perhaps if I sent Colin Powell to your house with satellite photos and supporting documents you will be convinced and even if it turns out bad…oh well.
Schneiderman discovered aluminum tubes hidden in the robosigning warehouses used by Bank of America?
“Look forward, not back” really tells you all you need to know. Could one imagine any non-rich criminal defendant getting away with telling a judge that his crimes were in the past, so he should not be prosecuted? It’s absurd on its face. But we are supposed to act like we still think the system is functional. I would argue that the fabric of society, the consent of the governed, is premised upon universal application of the basic rules. If that premise is not the case, there remains no obligation upon any of us to act lawfully. Or to refrain from seeking our own personal versions of justice, to be completely frank about it. If anybody can refute that on the basis of logical reasoning, I’m all ears.
Turns out those tubes were just for snorting cocaine while watching the OWS protestors in Zucotti.
Anarchy seems kinda logical at this point, sadly.
Just read this on OWS “If the poet can no longer speak for society, but only for himself, then we are at the last ditch” Henry Miller . Some of us are real buzz kills today. Hope tomorrow is brighter.
I know that banks have been holding off on foreclosures for months. They must have some quarterly reporting date that they want to clear their books by. I predict a landslide of foreclosure filings the day after the signing. Bastards!
Remember that the point of this was summarized by Jamie Dimon on January 13th, only two weeks ago.
“Dimon said on a conference call with analysts after the New York-based bank released fourth-quarter earnings. In the U.S., state foreclosure laws conflict with a variety of federal policies on refinancing or modifying loans to troubled borrowers, Dimon said.
Leadership is needed to overhaul the industry, including reviving the market for private-label residential mortgage bonds and reforming regulations governing mortgage repurchases and foreclosures, he said.”http://www.bloomberg.com/news/2012-01-13/if-jamie-dimon-were-in-charge-u-s-housing-market-would-be-fixed-he-says.html
“You could fix all this if someone was in charge,” Dimon said, tapping on the table for emphasis. “No one is in charge.”
I swear I heard Shaun Donovan restate Jamie almost issue by issue this
morning at the White House press briefing. http://www.whitehouse.gov/the-press-office/2012/02/01/press-briefing-press-secretary-jay-carney-and-secretary-housing-and-urba
Picking up where I left off yesterday with excerpts of Bill Black’s fabulous article on this whole subject, here are his concluding grafs:
(Italics in original, bold italics in brackets added.)
hat tip, as usual, to Dday for originally linking to Bill Black yesterday.
meanwhile ….. hah!
this just happened:
Illinois AG Lisa Madigan just sued a giant real-estate title processing firm.
This is how a real prosecutor does it:
You’re right, you’re right, you’re right, you’re right, you’re right,you’re right, you’re right,you’re right.
Romney is busy “forcing” me to vote for Obama and Obama and Holder are busy “forcing” me to vote for Romney.
“It’s a puzzlement”.
The King, in “the King and I”.
You GO girl!!!!!!!
Where the fuck are the “disgorgement” and “fines” in this bullshit settlement DOJ and Obama are trying to ram down the throats of state Attorneys General?
add these to my list @22:
there are no fines or penalties payable directly to prosecuting state AGs
there are no obligations imposed on the banks (controlling massive mortgage servicing operations) to disgorge all revenues generated by those banks from robosigning operations
I’m a licensed attorney, so I have a huge investment in wanting to believe in the system. But I also do honest reality checks, and I see clearly the extent to which the system has been corrupted into dysfunction. It’s very painful for me to be in this place.
If I may ask, this type of “systemic fraud” take a lot of people to pull off, doesn’t it???
Hey buddy, been missing you. Everything OK with you?
Absolutely. Might as well be a huge gang, all cooperating to rip off the honest people in the neighborhood. Kind of like the Mafia used to be.
I know that I am small potatoes, but I gave up on KVH long ago and The Nation as well.
You’re a big potato as far as I’m concerned. ((BC))
Better get used to eating potatoes as the main course.
Thanks. I read your comments carefully, too; especially the one you made to eCAHN linking Pam Peterson (great).
Fortunately, I like potatoes. ;-)
Not to duck a compliment, but I am confused as to what you are referring to there. ?
Unless my memory is gone, you linked to this.
My comment in 46 was for you. I hope I read the previous thread correctly.
need more proof that the fix is in? or that our voices don’t matter to the owners of this country?
stop wasting your time.
LOL You are right on target, my friend. AND, you have demonstrated the continuing relevance of the link. ;-)
I’m not giving up. I sent in another comment to AG Schneiderman using his online contact form here.
Be sure to fill out the bot-filter with the word test, and when the splash screen asks you “are you sure you want to continue” with filing just a comment and not a complaint, click “Yes” or “Continue.”
Mrs. BearCountry makes some twice cooked potatoes that go into half peels: super good. Potatoes were the main dish in Ireland in the 19th century. Remember the Irish potato famine.
Potatoes make me happy. They are the best thing since potafeet lol.
Good for you. My feeling is that no matter how many comments come in asking for him to go after the banksters, he has already made up his mind. If he has the integrity imputed to him by KVH above, then he won’t need so much backing. If not, then what 0 and timmeh, and the banksters want is what they will get.
I want to see HOMES RESTORED, fraudulent actions indicted, and trials of the perpetrators. This current settlement agreement looks like the shiny object that will distract us while things continue as before. All the threats in the world mean nothing without enforcement. In this case the enforcement looks like in the future there will be some strongly worded letters that will go to bankers to be discarded on receiving them.