We learned on Friday that Eric Schneiderman’s suit against MERS and three banks using MERS represented a carve-out on the final foreclosure fraud settlement. There was speculation, stoked by HUD Secretary Shaun Donovan, that other states might have carve-outs or grandfathered suits, so they would be able to pursue those investigations and prosecutions and still join the settlement. But Bloomberg reports today that some states with active lawsuits would have to settle them as part of the deal.
The accord, which must be approved by a federal judge, will allow banks to take steps toward resolving mortgage liability stemming from the housing bust. The releases protect them from legal claims tied to foreclosures, mortgage-servicing and origination of loans, said another person familiar with the deal [...]
The settlement, meanwhile, would also require Massachusetts, Nevada and Arizona, which have sued banks involved in the talks, to settle those cases, one of the people said. Nevada and Arizona each sued Charlotte, North Carolina-based Bank of America over mortgage-servicing practices, accusing it of misleading consumers, while Massachusetts sued all five banks that are part of the proposed deal.
Arizona joined the Nevada suit against BofA over their deceptions after the Countrywide deal. I don’t think the state’s Attorney General, Republican Thomas Horne, will have much of a problem settling those claims. But for Catherine Cortez Masto and Martha Coakley, this would be huge.
Remember what we’re talking about in these suits. Masto sued BofA over a wide range of deceptive practices in servicing. This doesn’t say anything about Masto’s case against LPS, a document processor, which includes criminal indictments for robo-signing. But that case was a classic effort to go up the chain to get back to the banks who authorized the abuses. Coakley’s suit is more straightforward, essentially suing the banks for, under Massachusetts law, stealing homes. These suits would have to basically be voided, folded into the settlement, under the terms of the deal. That’s a tall order.
Masto and Coakley have not said whether they would join the settlement. Beau Biden of Delaware thus far looks to be the only AG who is definitely out.
Meanwhile, here’s what activists are saying:
The agreement is “beyond fixing,” said George Goehl, executive director of National People’s Action, a network of community organizations which advocates for fair lending and affordable housing.
“People are very disappointed in what this is going to be both in terms of dollars and release of claims,” Goehl said in a telephone interview. “We’re giving away the store.”
Today is the deadline for states to sign on to the settlement.




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The Cinderella Hour fast approaches, sign on … for little, or do not sign on … for “nothing” at all.
Gee whiz, Travelers/Citi, of the “too-big-to …” crowd had two full years to buy the demise of Glas-Steagall, after informing (“telling”) President Bill Clinton.
Yet “the people” have, apparently, no recourse but to accept little or nothing within the next few hours.
We are told that “the people” have no lobbyists.
Yet “the people” are also told that Senators and Representatives (and even the President) “represent” the interests of “the people” … as a sacred and inviolate “trust”.
Is there some “dis-connect” here, or is this simply bu$ine$$ a$ u$ual?
Ah, well … such a “clever”.
DW
We have to rise up and make a big noise. I don’t see any other way. It remind me of Horton hears a who…”WE ARE HERE! WE ARE HERE! WE ARE HERE!”
Do you think we can stop them from boiling the dust spec that is us. Our homes, our way of life. The law. Who can we call? Do I contact Schneiderman…again? Suggestions for who to call?
Dday all I gotta say is it is a pleasure crowd-sourcing with you.
This rather reminds me of the growing movement of local municipalities to oppose energy corporations wanting to jeopardize local environments, passing laws that affect such horrors as fracking and other degradations of community life foisted upon them by the PTB. It would be rather fine if such fired up local legislators would sink their teeth into the MERS monstrosity and say ‘you can’t do that here!’. At least put a stop to the securitization of mortgages, banks playing havoc with timehonored property transfers and profiting from foreclosures – PROFITING from them!
Aware citizens who have been following this mess are no doubt holding back from home purchases – or they should be – until the process is returned to something we can halfway trust. I don’t see any effort being made to restore the timehonored process – you can’t do that without looking back and Obama seems unable to turn his head.
Just doing a ‘settlement’ with nobody found culpable for anything is like patting the burglar on the head and giving a sympathetic shrug towards the shambles he’s left behind.
Tant pis.
Yes, email Schneiderman through his website “email” contact form. (It’s really a way for the NY AG to “reply” to you by email, since your comment goes directly onto their web server.) We’ve had several linkages to that comment form, but I will do it again:
http://www.ag.ny.gov/online_forms/email_ag.jsp
Take your time, it is very tolerant of long messages. Also, carefully fill in the bot-screen with the test word & be patient while it splashes an “are you sure?” screen before accepting your submission. It asks you to be sure you want to submit a “comment” even though it is not a formal “complaint.” Say yes.
Yves Smith urged calls to AG’s offices in both NY & CA in her post this morning here.
More from Yves’s post linked above:
Web form for CA AG’s office is here.
Web form for contacting Schneiderman’s personal website is here.
Yves calls the latter his “fundraising” website. heh.
Hat/tip to Yves Smith.
When there are no law enforcers, there is no law. There are no law enforcers. “Look forward, not back” really told you all you needed to know. It was code for, “Bend over, and stay bent over, slave.”
I know this will partially blow my handle, but I sent this to PCCC just now by email:
This is very important analysis juliana and I truly hope you are correct. If local municipalities can coalesce around the realization that corporate pirates are pillaging them through fracking the same way they pillaged them through foreclosure fraud, we could see a tectonic shift. I really hope you are correct and that we see some development in that consciousness before the November elections.
Thanks I have sent off new letters to both Harris and Schneiderman. I just want to pay a fair price for my home. I want to not pay 9.85 interest. I want to keep my home. I have been fighting GMAC since 2003. I have won in the sense that I still have my home…but I can’t read the statements. I can’t trust the bank in a pay off since they are known for adding fees at the last minute. I could make a list of all the ways they hurt you whether you try to short sell, leave or stay. I have been making the payments, fighting back gently when I need to and hanging on for soooo long. I am afraid to change my home insurance because of all the tricks they use. (that one results in them forcing insurance despite numerous attempts to show them the new insurance). I feel like there is no way out unless the truth is finally told and they are held accountable. If the behavior had really changed I would be negotiating with them. But I cannot trust them. I am trying to refinance with the HOPE project.
in South Africa
http://www.newyorker.com/online/blogs/newsdesk/2012/02/doctor-death-redux.html#entry-more
Promises are being made, deals are being cut, while a new ration of sh*t is being prepared for the American people.
Who will probably eat it, and do nothing more than think it could have used a bit more salt.
I am so sorry you are being so abused about something so intimate as your own home. What you are going through is being shared by millions of other American homeowners. It is just intolerable and we will stop it, eventually.
But first, we need to kill this fraudulent settlement that is being used to cover up foreclosure fraud.
Something tells me we will hear more from Dday later on today. (It’s probably lunchtime on the west coast.)
Occupy Delaware is calling his office (302-577-8400) far to thank him for holding out for the people of Delaware.
Is it just me? I emerged from lurking to post a few comments in yesterday’s thread about the NYT story and then I could not refresh the page. I tried opening another tab to go to the main page….it wouldn’t load. I could get to any other webpage…every website except FDL. Same thing this morning.
I just finished running a spyware scan (yes, I am paranoid) and installing all the Windows and Firefox updates and for now I can get back here. (Um, yeah, when I finally get back, I find that dday was talking to Donovan yesterday which increases the likelihood that the feds were reading all our rabble-rousing comments about the fraud that is going to be swept under the rug with the settlement? Yep, I’m paranoid.)
It’s been doing strange things for me, as well. Worse earlier than now. Don’t look under the bed lol.
Anti-crave out provisions make perfect sense to me. After all, these bankster corporations are people, just like you and me, but they’re big people and far more important than we little folk. We should help them!
Regarding fracking, a joint PA Occupy action at the Capitol tomorrow will be bringing focus to this new scam.
When that started happening, I remembered you had made a comment about your computer doing weird things the day before when you were commenting, but I didn’t know if it was something along the same lines as mine. It’s happened a few other times before (and always only the FDL site), during the early Occupy posts–the NYC bridge arrests as I recall–and also during the Bradley Manning hearing. It sorta makes me feel better that it’s not just me….
I wouldn’t dare look under the bed….I just figure if there’s anything to worry about under there, one of the cats will alert me. (I am their waitstaff and they’d really like to keep me around for that reason.)
The other day, I was talking about something completely different, and unique to me. Many have mentioned strange action around logging on or navigating the website, at various times. I don’t let it worry me, and would suggest you do the same (albeit without any authority or special insight lol). My computer always straightens itself out eventually, never seems to need more than a virus scan with Microsoft Security Essentials or a reboot. OTOH, we probably are monitored, and so is every other site, most likely.
Is it just me or does Obama seem to be pretty much disengaged on this? Wasn’t straightening this mortgage mess out and penalizing the guilty parties one of his campaigh promises? I could sworn it was.
He’d be all over this AND the Bush war crimes if he wasn’t putting all his time and energy into defending the First Amendment rights of the Occupy movement.
Where???? When?????? I musta missed that.
That AG Coakley, she’s a handsome woman, don’t you think????
I have no doubt that we are monitored. My computer is working fine now, but since I have fried three laptop motherboards in three years, I figure I need to get up and walk away when I get too pissed off about the current state of things in the country…something about electromagnetic energy I suspect. (My mother couldn’t wear the old wind up watches….she went through a lot of watches before a jeweler told her it was her and not the watches and it involved magnets.) So when the computer is acting weird for all programs and all websites, I figure it might be me. When it’s just FDL….I figure it’s our ‘monitors’ (not the computer kind), lol.
“I have no doubt that we are monitored.”
——-
That’s why I “cover my ass” with “That AG Coakley, she’s a handsome woman, don’t you think????”
One NEVER knows.
LOL. Good plan.
The face that launched a thousand ships. How can you go wrong lol?
Please DW, it’s Glass-Steagall. Are you intentionally dropping the second “s” in Glass for a reason? Clinton was more than happy to comply with the wishes of his buddy, Sandy Weill, in signing Gramm-Leach-Bliley into law.
We can only hope that data overload will offer us some protection from the police state.
You’re confusing “Campaign Obama” with President Obama. Only one of them exists in this reality, the other is an illusion.
Meanwhile, over at HuffPo, Robert Kuttner of the Campaign for America’s Fucking is dissembling again (as usual).
Headline: Showdown for the Banks, Showtime for Obama
end of lede graph:
then later…the Big Lie:
If you’re interested (prolly not):
http://www.huffingtonpost.com/robert-kuttner/mortgage-settlement_b_1256060.html
Bloomberg reports that Masto will not decide today.
25 billion on 700 billion theft. No criminal risk. This is just Obama trying to say he “took on the banks” while giving them a free ride. more pandering to the left while rewarding his paymasters. The Obama way
Now that is very well-said, DW.
So, how are AGs from CA, MA, NY being “managed” by the WH?
Horses heads in their beds? Buy outs? Other threats?
I am very diappointed.
But, I must learn to expect nothing from the current crop of Dem and Repub leaders — the parties are wholly owned subsidiaries of Big Money.
Re: Obama: Just remember Obama’s taking care of the telecomms over illegal wire tapping. He was bought out and sold us out.
Yesterday I couldn’t get beyond the latest post on both Eschaton and FDL — no comments available at all.
Um no, just short an “ess”, holeybuybull, the ole mind-eye synapse is wobbling. Appreciate the “catch”, I’ve prolly been doing it for days.
Jeez …
DW
Well said! x2! except that I would say Pres. Obama is unwilling, not unable (unless he is under a big, nefarious threat of some kind, which I doubt).
Ain’t this typical of the DoJ and this Administration? The crooked Banksters serve up a criminal pitch that the DoJ and Obama could hit out of the park for an easy Homer. But, No. Instead, they settle for a bunt single and then they’ll crow like they hit a Grand Slam in Game Seven of the World Series.
These clowns are the 1919 White Sox intentionally tanking the game for profit.
Kudos to Beau Biden!