Forty-nine states, every one but Oklahoma, as well as federal regulators will participate in a foreclosure fraud settlement that will release the five biggest banks (Wells Fargo, Citi, Ally/GMAC, JPMorgan Chase and Bank of America) and their mortgage servicing units from liability for robo-signing and other forms of servicer abuse, in exchange for $25 billion in funding for legal aid, refinancing, short sales, restitution for wrongful foreclosures and principal reduction for underwater borrowers. The announcement will be made on Thursday.
This settlement arises from multiple abuses found in the servicing of loans and the foreclosure process over the past several years. At the height of the housing bubble, banks sliced and diced mortgages and traded them with little regard for the rules following land recording or securitization to such a sloppy extent that they lost track of the true owner on potentially millions of homes. To cover up for this massive failure, banks and their servicing units have been found to have routinely forged, back-dated and fabricated documents at county recorder offices and state courts across the country. Furthermore, they employed “robo-signers,” who signed hundreds of thousands (if not millions) of documents and affidavits without any knowledge of the underlying mortgages. In addition, investigations uncovered massive servicing abuses, including illegal fees charged to borrowers, putting borrowers into foreclosure at the same time as they were working out loan modifications, failing to honor previous settlements where promises were made on modifications, and countless other errors that maximized servicer profits and gouged homeowners. There are also cases of wrongful foreclosures where homeowners have been turned out of their homes without just cause, and servicer-driven foreclosures, where servicers illegally added late fees and applied payments inaccurately, pushing the homeowner into foreclosure. This is but a smattering of the examples of foreclosure fraud and servicer abuse found in a series of interlocking investigations, court depositions, reviews of documents in registers of deeds offices, and homeowner testimonials.
The deal caps a 16-month process that had several fits and starts, and closed with the final holdouts, New York and California, coming to terms. The deal will release claims from state Attorneys General, but individual homeowners retain private rights of action to sue over foreclosure fraud and other abuses. As part of the settlement, states will get a fixed amount in hard dollars that would go to fund legal aid services. “This will get a lawyer for everyone facing foreclosure in the state,” said one source in an Attorney General’s office. “This will stop every wrongful foreclosure.”
Oklahoma stayed out of the deal because the state’s Attorney General, Scott Pruitt, did not believe that the banks should face any penalty.
As far as the release goes, AG offices that signed onto the lawsuit claimed it was narrowly crafted to only affected foreclosure fraud, robo-signing and servicing (which I don’t feel is all that narrow, but I’m trying to just-the-facts this -ed). The lawsuit that New York AG Eric Schneiderman filed last Friday, suing MERS and three banks for their use of MERS, was preserved fully. There was a last-minute request by the banks to dissolve that lawsuit, but it was not successful. In addition, Schneiderman reserves the right to sue other servicers for their use of MERS along the same lines as the current lawsuit.
In addition, all securitization claims, tax fraud claims, insurance fraud claims, and more will be able to be investigated and prosecuted by individual AGs and the RMBS working group, set up at the Financial Fraud Task Force, with Schneiderman as one of five co-chairs. They will be able to use all findings gathered in multiple investigations into servicing and foreclosures in their investigation. At least one of those investigations, the HUD Inspector General report, will be made public as part of the settlement. That report, according to a senior Administration official, will show a wide variety of errors among the major servicers, but the worst will show up to a 60% error rate. In one incident described in the report, an employee of one of the servicers spent two weeks experimenting with her staff to see how long it would take to process foreclosure documents correctly. They determined it would have taken at least 1-2 weeks. This employee went to their manager and reported the information. The following week, the manager told the employee they were reducing the time spent on each file from 48 to 24 hours.
This is the kind of conduct that will be released in the settlement.
Other lawsuits, like Delaware AG Beau Biden’s lawsuit against MERS, Missouri AG Chris Koster’s criminal indictments against DocX, and Nevada AG Catherine Cortez Masto’s suit against LPS and its employees would be able to go forward as well because the banks are not a party to them. However, it’s unclear whether any of those AGs will be able to work their way up the chain to indict bank officers for the same conduct; the likely answer, I assume, would be no. In California, Kamala Harris preserved the right for state officials and large pension funds to sue under the state’s False Claims Act over mortgage backed securities that later fell in value.
The status of Massachusetts AG Martha Coakley’s suit against five banks for foreclosure fraud is unknown. In all likelihood, the Nevada/Arizona suit against Bank of America for failing to follow their responsibilities in the Countrywide settlement will be folded into the deal.
In that settlement, BofA promised to deliver $8.5 billion in relief for Countrywide borrowers who fell victim to deceptive practices in the mortgage process. In reality, only $236 million was ever spent. Weak settlement terms allowed BofA to take credit merely for offering loan modifications to borrowers. And the Nevada suit alleged that BofA immediately started abusing borrowers who tried to get relief under the deal. But that suit is now gone.
State and federal regulators insist that they learned their lesson with that botched settlement and that this one has tight enforcement guidelines. A federal monitor, North Carolina banking commissioner Joseph Smith, will be employed, and he will have oversight responsibilities over the settlement. However, the monitoring process begins with a self-assessment from the banks through quarterly reports, which Smith and a committee can then review. This enforcement process is likely to take months to actually properly assess the settlement.
And then there’s the settlement price: $25 billion, divided up several ways. $3 billion will go toward refinancing for current borrowers who are underwater on their loans, as well as short sales. $5 billion will go as a hard cash penalty to the states, which can use them for legal aid services, foreclosure mitigation programs, and ongoing fraud investigations in other areas (one official close to the talks feared that much of that hard cash payout will go in some Republican states toward filling their budget holes). The federal government will get a cash penalty as well. Out of that $5 billion, up to 750,000 borrowers wrongfully foreclosed upon will get a $1,800-$2,000 check if they sign up for it, the equivalent of saying to them “sorry we stole your home, here’s two months rent.”
The bulk of the money, around $17 billion, will go to principal reduction credits for troubled borrowers. The banks will not get dollar-for-dollar credit for every write-down; reductions on loans bundled in private-label mortgage-backed securities, for example, will be under 50 cents on the dollar, and write-downs for second liens (mostly home equity lines of credit) will be more like 10 cents. Housing and Urban Development Secretary Shaun Donovan believes that they will be able to get between $35-$40 billion in principal reduction in real dollars out of the settlement. Donovan became the point person on the federal level, along with DoJ, as the Administration pretty much took over the investigation and settlement process from the states, who were led by Iowa AG Tom Miller.
But even this $35-$40 billion number, which is at best a guess since the direction of the principal reduction is mostly at the discretion of the banks, pales in comparison to the negative equity in the country, which sits at $700 billion. And the banks have three years to implement the principal reductions, drawing out the loss on their books. As the New York Times reports, banks have covered reserves for all of this, and should see major boosts to their stock price as a result of the settlement.
The five banks in the settlement — Bank of America, JPMorgan Chase, Wells Fargo, Citigroup and Ally Financial — have largely set aside reserves for the expected cost of the accord and investors are likely to cheer its announcement, analysts said [...]
The deal will not substantially reduce the debt left from the housing bust, nor will it help everyone who may have been hurt by foreclosure abuses. About one in five Americans with mortgages are underwater, which means they owe more than their home is worth. Collectively, their negative equity is almost $700 billion. On average, these homeowners are underwater by $50,000 each.
A recent estimate from the settlement negotiations put the average aid for homeowners at $20,000.
“I just don’t think it’s going to be a life-changing event for borrowers,” said Gus Altuzarra, whose company, the Vertical Capital Markets Group, buys loans from banks at a discount.
I’ve done the math on this before, and you’re talking about $20,000 (when homes are on average underwater $50,000) for 1 million borrowers (when there are 11 million underwater). If Donovan is correct about 2:1 maybe you’re at $30,000-$40,000. And the banks have three years.
There will be plenty more to say about this once we get all of the facts of the claim. In addition, this will have to go before a federal judge to sign off on the settlement. And we won’t know for many years whether this promise on loan modifications, unlike all the others, will take. But it’s going forward. And now the only hope for accountability and justice for the crimes of the financial crisis lie in some scattered lawsuits grandfathered in and Schneiderman’s RMBS working group. One thing is clear – the banks relieved themselves of a significant portion of liability at a price they believe they can easily handle.





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Kamala Harris was always the corporate tool, got to be DA of SF and then AG of CA because she used to bounce on Willie Brown’s corporate tool back in the day.
“In addition, this will have to go before a federal judge to sign off on the settlement.”; one can only hope it’s someone like Rakoff.
Here’s hoping.
Another Obama bank bailout, this one dressed in populist disguise as relief for homeowners. Thanks Obama, you’re the greatest.
I am appalled.
$1800, for a home owner whose house was stolen.
Amnesty for the bankers.
It is hard to believe that there are not one or two people out there who have lost everything, that will not go ballistic over this.
Maybe the tax payers should pay for Jamie Dimon to get 24 hour Secret Service protection. Should they have not carved a few billion out of the settlement to pay for Secret Service protection?
Are the AG’s in danger? Should we carve out a few million for their protection?
I am sure that people who had their homes stolen would settle for $1200. You can get a good two bedroom apartment for a month for that. They could buy a beater car from those people who teach urban youth to fix cars.
Schneiderman’s efforts to discredit MERS is key to topple the house of cards. It doesn’t matter who is or is not prosecuted. The only way to motivate banks is to remove MERS’ legal standing. On shaky ground now, if MERS is exposed, you will see the financial industry become a lot more cooperative in short refis and modifications. If confirmed to have legal standing a mountain of shadow inventory nationwide will be dumped on the market as REOS. The industry is busy right now short refinancing their stuff to clean up their fraud and bad documentation. Much is just sitting in the shadows waiting for bank amnesty/release.
If you think its bad now with 20-30% of value lost, just wait!
Housing sales are flat now in many areas. It isn’t settling folks, everyone is waiting for a double dip and it will be a big one! Housing is pivotal, you can’t sell underwater, you can’t get an appraisal,you can’t find a buyer who will buy arms length. It is a lot worse than most realize. I am talking high end non defaulting homeowners. Subprime junk is history. Too bad it will only be realized after another crash, just as it was in 2006-07. But then the banks will be off the hook won’t they?
I heard a dirge in my head while reading that sentence, and its antecedents.
Depressing, depressing, depressing.
Just when you start to think the PTB might be getting the message, or throwing us polloi a few bones…they do this shit. (right, no asterisks.)
At the very same time they prepare to cave on basic women’s health care coverage which is already standard in 28 states (see Attaturk upthread, see digby a couple days ago, see Maddow and even O’Donnell).
Evil triumphs. No other description fits.
I wish I were a pitchfork manufacturer and had a supply of torches ready-to-go. It really is worthy of demos and protests on a far grander scale than even Occupy has yet achieved. Everybody who’s designated to receive one of these pitiful excuses for compensation for theft of their home should be willing to join the front line.
Must be nice to be rich and not have to obey laws. Just throw a bit of money at the politicians and all is forgiven.
A clear example of Jefferson’s fear concerning corporate concentration of power and using the color of law to deprive people of property?
“…where servicers illegally added late fees and applied payments inaccurately, pushing the homeowner into foreclosure. This is but a smattering of the examples of foreclosure fraud and servicer abuse found in a series of interlocking investigations, court depositions, reviews of documents in registers of deeds offices, and homeowner testimonials.”
The next spike in energy cost will bring on another Tsunami ripping through the economy and another flood of foreclosures. Corporate will adapt and find another mechanism to blood-let, the republic.
A settlement where political expediency again trumps the damage done to society by monied interest???
Yay! Something else to add to that “List of Accomplishments” which Obama fans pull out repetitively and unthinkingly in response to…well…everything.
25 billion. Sounds like a lot. Wonder how it compares to the profits the banks and securitizers raked in before the bubble popped. Seems that by comparison, it probably won’t really seem like all that much. And for those that lost their homes, the equivalent of a few months rent doesn’t seem likely to do anything to help make them whole.
Maybe I’m wrong. Maybe it will be much better than it seems at first glance. I’d like to be wrong. I hope that I am. But I have to wonder if I as an individual had forged so many documents and engaged in other similar abuses as the banks and services whether or not the government would be willing to essentially just slap me with a fine and make me promise to do better in the future. How likely does anyone think that would be?
With the immense profits gained from the rampant banker fraud this “penalty” doesn’t even count as a slap on the wrist.
thanks for nothing o .
Good morning all.
Not gonna comment on subject.
Too depressing.
I’m with you, I’ll wait for the diner to open.
Boxturtle (What’s the next bigger after depression?)
I guess that’s okay for people that have that option.
I’m going to my neighbors’ for lunch today. They’re the people I get along with well.
We like to exchange bits of food that are getting old that we won’t be able to finish ourselves before they go bad.
I’m bringing what’s left at the bottom of a bag of dry cat food.
Full disclosure: They have cats (and every other animal you’ve heard of). I’m also bringing a container of 8-bean soup from my freezer–for the humans.
I took a ‘citizenship’ quiz last night at a Christian Science Monitor web site and scored 96 out 96 out of 98
There were a few questions that I answered based on the theoretical response rather than today’s actual practice
Such as we are governed by “rule of law”
Ha.
I took that test a couple of years ago and got similar results. I can’t help but think that some of those questions on the economy were written by the Heritage Foundation though.
I think I remember that. Think I did it around the same time you did, and did a few others.
Things have deteriorated so much since then, even that’s depressing.
I have three cats and three dogs. The concept of catfood going stale is new to me. How does that happen? :-)
Boxturtle (I also once heard the phrase “leftover bacon”. Any ideas there?)
The cat food doesn’t go stale. I have a plastic container on my pantry floor that holds quite a bit. Plastic to prevent mice from getting at its contents, though since I have the cat, I don’t have many mice. I’ve filled that up, and am doing a big shopping tomorrow, when I’ll buy another bag of dry cat food, so just getting rid of the little that’s left in the bag before I buy more.
As for leftover bacon (the gateway meat), YOYO.
My neighbors have 2 cats, 2 dogs, 2 goats, 4 or 5 horses (they board 2 or 3) and 20-something chickens. One said they were swimming in eggs, so besides my soup we’ll eat something made with eggs. I did say that swimming in eggs sounds like an interesting experiment.
I have to run to work and can’t read the whole piece right now, but it seems as though there is no criminal liability here for anyone. So…
anyone happen to know if there’s anything that can be done to hold the AGs accountable? I presume that among the 50 states, the only recourse is impeachment. Anyone happen to have any other ideas? Perhaps find a legislator or two (with proper authority) who are willing to subpoena all settlement-related documents from their respective AGs?
So much for Schneiderman and Harris being on the side of the law. Just another couple of slimy politicians owned by the banksters.
Should we start a betting pool to see which banks they end up wotking for?
Sticking our tongues out at them seems the most we can do now.
25 billion compared to trillions, some say 13-plus trillion.
Say, about one-tenth of one-percent.
Sounds great for the 1%.
Such a deal …
DW
I once asked SouthernDragon if he wanted a classless society. He refused to answer the question. If you want to build enough power to challenge this sort of thing, you’re going to have to answer the question.
The banks being forced to enable the little people to bring litigation?
As you say, Elliot, “Here’s hoping”.
DW
What is your answer, Eric?
DW
Don’t go all Truth Vigilante on us, now.
Seriously, “look forward, not backward” has metastasized into a complete destruction of the rule of law in this country. I really couldn’t care less what happens in November. In fact, I’m thinking the optimal outcome is that the Republicans control both houses and begin impeachment proceedings.
God knows they have enough material to work with.
Open your windows! Stick your heads out and … stick out your tongues, we are not going to take this anymore!!!
And, in the news, today, millions upon millions of Americans are planning to spend the day with their tongues stuck out … as a protest to something the public does just not intend to swallow … the political class has sought, apparently in vain, for something, anything, to sweeten the “deal” …
DW
Eric, our chief”law enforcement” officer, doesn’t seemed to have missed a thing in this ass covering.
Imagine this is what took up all his time beside medical MJ, so those torture inquiries are now going to go full steam ahead or some other form of hot air.
Makes me pine for some John Ashcroft.
So is it time yet? I keep thinking of Michael Moore’s warning to the establishment to listen now while the resistance is still non-violent.
Does this settlement raise or lower the viability of occupying your own home vis-a-vis the absence of physical mortgage papers? What’s left to stop someone from going out to the barn to get the pitchfork and torch?
Personally I don’t have much life span or health left to spend so I’m hoping enough is left to get to the bulldozer path if they try to bring back the pipeline. But If I had a home that got fucked by a bank like this…
There he goes again, the droner and DOJ, sucking the dicks of the 1%’ers, but hey isn’t that what he was elected to do! Just like all the other clowns in government, working for the rich, got a problem with that, slave, get that nose the the grindstone or I’ll drop a drone on your head!
This settlement does not one thing for me…and many others like me. Not one thing. I didn’t lose my house…they are still stringing me along with illegal fees. There will be no investigation so no one will ever know what they did to me. (the respa and tila violations will be untouched) and likely unstopped. I am not underwater by more than 800 there will be no principle write down. NOthing will stop them from continuing there bs behaviors!!! Nothing. The accounting on my loan and escrow account is messed up. They won’t send me a payment history. This sucks.
At least one report, the HUD Inspector General Report, will be made public.
How nice.
A wide variety of errors among the major servicers …
“errors”
How innocent.
DW
Astonishing.
How long before Biden’s and Schneiderman’s suits are deep sixed? After the election, I’d say.
Can’t believe that Masto caved. I guess she felt like she had no choice after everyone caved around her and she felt like the people of her state would end up with nothing and the local and national press would have spun it. Do you think she got answers to her 38 questions?
It seems to me that reviewing the settlement-related documents is the place to start. And it may be possible to actually find some state legislators who are not owned by the MOTU (and who are uncompromising in their defense of the rule of law).
Heck, if some firepups are borderline… this may be the issue to push them to actually run for state rep, etc… if there is real potential for effecting change.
So how is the judge who has to sign this selected?
I would like to be able to hope that the judge would not only be well-informed on this subject and a believer in the rule of law, and that he/she would refuse to sign but also would give a scathing and well-publicized rebuke to those who crafted and signed onto it. But, alas, the word ‘hope’ has become tainted when this administration is involved. I think in that context ‘hope’ has come to mean ‘dream on’…. I can no longer use that word hope without cringing.
What are the chances the judge has been pre-selected? Can the settlement be challenged in court before it becomes effective even after this judge signs it? (That would make for some interesting discovery….all the emails and the evidence AGs had already collected showing how extensive the fraud is, how miniscule the settlement is in comparison to the magnitude of the damage done by the banks.) All the testimony of how the AGs were pressured and lied to about how good a deal this is….and reminded how much their state’s budget was suffering.
Federal and state attorneys whose job it is to protect the country from fraud, colluding with the fraud perpetrators and screwing ‘we the people’.
This is just too damn depressing and insane for words.
After 50% I’m hard pressed to call it “error” and not a MO
This disgusting sell-out of a settlement doesn’t even amount to pennies on the dollar and I predict that very little, if any, of the $5 billion that the states “can use for legal aid services” to provide homeowners with lawyers will ever get spent for that purpose.
The millions of homeowners injured by the banks are not getting any justice from this settlement. Instead, they are going to be impaled on it.
This loathsome and egregious insult will be added to the tab of injustice and just might be the proverbial straw that finally breaks the camel’s back.
“Mistakes were made.” Sound familiar?
Look on the bright side. It will do nothing to improve the housing market, which is at least one reason why Obama was pushing it so hard (the other one being the bucket of cash deposited by the banks in his campaign account).
I’ve been working through the DSGE literature (Dynamic Stochastic General Equilibrium), which passed me by while I was doing my day job in economic history. What a crock of shit. And it is that shit (the idea that expectations are all you need to get the economy moving on track) is the economic model behind this legal atrocity.
It’s all so Orwellian. Crimes are now termed merely “errors.” One step closer to the eventual revolution by the people. Woe to the ruling elites that have profited mightily at the expense of the people.
They are giving away the only leverage they had to make the banks behave in the future…this is it folks!
Speaking of energy cost spikes — local NYC metro TV station reported this past week that gas prices are expected to move sharply upward to at or above $4/US gallon, with large cities such as NYC and LA reaching $5/gal or more.
And, of course, that will affect transportation costs of all goods which are moved by plane, train, or truck.
That’ll suck up the huge payment many (ex?) homeowners.
(BTW, this past week FDL doesn’t “remember me” — anyone else having this problem? It’s irritating to have to sign in every time I come back to the site. Or is it just after turning the PC off, must check.)
From zerohedge
Remember robosigning and the whole fraudclosure scandal? In a few days you can forget it. Because in America, the cost of contractual rights was just announced, and it is $25 billion: this is the amount of money that banks will pay to settle the fact that for years mortgages were issued and re-issued without proper title and liens on the underlying paper, courtesy of Linda Green et al. Why is this happening? Because staunch hold outs for equitable justice (at least until this point), the AGs of NY and California folded like cheap lawn chairs (we can’t wait to find what corner office of Bank of America they end up in), but not before the one and only intervened. From the WSJ: “The Obama administration made a full-court press over the past four days to secure the support of key state attorneys general, including those from Florida, California and New York.” Nothing like a little presidential persuasion to help one with overcoming one’s conscience. Because in America the push to abrogate the very foundation of contractual agreements comes from the very top.
But wait, there’s more – just to wash its hands of the guilt associated with this settlement which shows once and for all that the Democratic administration panders as much if not more to the banking syndicate as any republican administration, as it announces one settlement with one hand, with the other the US will sue banks over the mortgage reps and warranties issue covered extensively here, in the most glaringly obtuse way to distract that it is gifting trillions worth of contingent liabilities right back to the banks, not to mention discarding the whole concept of justice. From the WSJ: “Federal securities regulators plan to warn several major banks that they intend to sue them over mortgage-related actions linked to the financial crisis, according to people familiar with the matter. The move would mark a stepped-up regulatory effort to hold Wall Street accountable for its sale of bonds linked to subprime mortgages in 2007 and 2008. At issue is whether the banks misrepresented the poor quality of loan pools they bundled and sold to investors, the people said.” Wait, let us guess -that particular lawsuit will end up in a… settlement? Ding ding ding. We have a winner.
All today’s news succeed in doing is finally wrapping up any and all legal loose ends, so that banks can finally wrap all outstanding litigation overhangs at pennies on the dollar. And if at the end of the day, they find themselves cash strapped, why the US will simply loan them more cash of course.
If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and the corporations which grow up around them will deprive the people of all property until their children wake up homeless on the continent their fathers conquered –Thomas Jefferson
Naked Capitalism has The Top Twelve Reasons Why You Should Hate the Mortgage Settlement. Very concise summary. She points out that as concerns one aspect that has created some of the largest suffering and injustices, servicer driven foreclosures:
Servicer driven defaults is the mechanism where Americans had their homes stolen through servicer malfeasance or outright malevolence and in Congressional testimony, foreclosure fighting attorneys said it made up over half of their clients.
Remember the Pew Trust guy, Nye Lavalle, who found $18,000 in inflated fees and went so far as the highest levels of Fannie Mae with the end results being an internal report which they suppressed and ignored? This is what happened when a guy with unlimited money and unlimited energy sought justice -nada.
So this is what it comes down to for the American homeowner literally robbed of their home and pushed into the streets, the same nada. This is a failure of the entire Justice Department, the Department of the Treasury , the Obama administration, and the state AGs. I don’t know how they sleep at night, I honestly don’t. This Halloween they can all get together and have another gang-buster Homeless Halloween Party.
There is no joy in Mudville, because the residents of Mudville just found out that their entire town is an illusion.
This administration is of, by,and for the banks and financial kingpins. That’s all anyone needs to know. You are grist for their mills.
Dry catfood can attract those pantry moths (small, powdery-winged, usually brownish) which can make the food less attractive to the cats. They leave sticky webby stuff on the kibble, lots of crumbs on the bottom of the container.
I’ve had those moths come in inside large bags of cat food. They also arrived inside bags of cat litter made from corn or wheat. I’ve picked up plastic buckets with lids to keep the food in, but those moths and their larvae can crawl, wriggle into almost anything they want to eat.
It seems to me the warmer winters have led to more of these obnoxious little critters.
Someone here once said, ‘It’s always darkest before everything goes completely black.’
So…what about the issues of actual paperwork legitmacy and the effects on, oh, selling houses?
There will just be a black hole that is ignored going forward?
Unfuckingbelievable.
Dear Mr. Schneiderman, Welcome to my shit list. It was nice thinking you were a good guy while it lasted.
DDay, is there any hope, any hope at all, that it will be Judge Rakoff who gets to decide whether this settlement is acceptable? He seems to be the only person left in the country who gives a damn about fairness.
I do not even see a realistic mechanism in this agreement that would prevent the banks from continuing to steal from homeowners. There does not appear to be any consequence to the banks that might deter them from future misconduct.
Rather than deterrent consequences, I see a green light.
Seriously, when the legal consequences for intentional fraud and theft involve no prison time for the perpetrators who profited from the scheme and the financial penalty for the intentional misconduct amounts to considerably less than a penny per dollar stolen, why would anyone think that this settlement agreement is anything other than an official blessing of predation?
Yet another massive obamanable failure that is so vile that there are no words in the English language that are sufficient to describe it.
Beat me to it, I owe you a Coke ; )
I hate to post & run, but my car died so I gotta go fix it. Meanwhile, this is just depressing as hell. I was depressed last night, and I’m still depressed. How do cash payments of $2,000 per unlawfully-foreclosed home suddenly morph into Twenty Grand for Two Million underwater homeowners? I don’t buy it. It’s still a crap deal.
This term is new:
If anyone believes that anonymous source, would you please get in touch with me so I can sell you some real cheap Rolex watches?
I don’t think a judge has to sign off on any of this, as no charges have been filed in the overwhelming majority of these cases.
Until a prosecutor files charges, the judge has no role.
(IANAL and if any lawyers and/or prosecutors want to correct me on this, I’m all ears.)
Is that true? You’ve put an unpleasant image in my head. Never could stand that self-promoter Brown. The older he got, the less I liked him.
I commented a week ago that most consent decrees of this scope and scale would be monitored and enforced by a court-appointed master under the continuing, active, supervision of a federal court. There is no court supervision in this crap deal. That is unlawful. Any variety of persons or institutions could move to intervene to at the very least demand continuing, active supervision by the court. In other courts, we want the court to “retain jurisdiction” to enforce the settlement terms. We didn’t elect some bureaucrat in the Carolinas to be responsible for stopping & curing foreclosure fraud in the entire country.
The independent federal judiciary must retain its power to supervise this, actively. The monitor must at a minimum be obligated to report directly to the supervising federal judge. There is still time to make this better, but it is obviously a grotesque sell-out by preznit to his billionaire patrons.
All previous stories said the consent decree would be filed in federal court in Washington, D.C. It is possible a non-DC judge could be appointed, or that the case could be transferred to a non-DC judge, if the case is filed as a “multidistrict litigation” matter. When the formal filing is made, look for “MD” in the case number.
Never mind.
Citizen wtf2:
Bingo,you win the coverall! Jesus, we simply hafta get this election kabuki over with and make this Obama character a real lame duck…if we can succeed in blowin up the fascist coup in Wisconsin and give folks a playbook to rebuild politics in other states we might be able to create a real progressive movement. Stay tuned…’cuz it’s gettin REALLY interestin’ here in Cheeseland.
So guaranteed immunity from criminal charges?
From DDay’s article:
Emphasis mine. IANAL either, but technically a settlement stems from some sort of suit, although I agree this one strikes me as pre-emptive. Nonetheless, I’m pretty sure a judge always has to approve a settlement.
Dang, I’m slow today. Now I owe you a Coke, too ; )
Thanks. What are the odds of Judge Rakoff having a twin in DC? Don’t answer, it’s strictly rhetorical, sigh.
Is there a Judge Fuckoff in the system?
WOW so a wrongfully foreclosed on homeowner — make that ex-homeowner gets $2000. That is lunch money for Jaimie Dimon. What a penalty. Put his ass in jail.
Homes are underwater by more than $20,000 for sure — so how does this really help? That on a write down and 0% interest like the banks get put on a 50 year note might lower the payment to prevent foreclosure. BUT we all know that IF it costs the banks a nickel — they will not modifiy loans even though they tanked the economy and stole houses.
By the way WHO does Jamie Dimon go to lunch with?? Is it Obama and Holder — Is that his “Stay out of Jail for Free Card” ??
You got it the wrong way round. Obama and holder go to lunch with Jamie. He owns them and he owns us. That is how it works
Hey Dayen (or anyone else following along closely)
what about the deal sweeteners offered to AG Harris – giving her 50 PERCENT of
the settlement pool ?!?!?
still in place ? just want my friends in FL, AZ, NV to know how truly fucked
they are
p.s. over at HuffPo, Yves Smith is telling everyone to read Dayen
well if HAMP was “Extend & Pretend”, how best to characterize this even larger, more tragic pile of shit
Revoke and Choke ?
Agree. This is the final capitulation of the rule of law.
Wow, $25 billion! The banks will raise their bullshit fees to customers and make this up in about 6 months. Then they’ll give themselves big bonuses and we’ll end up paying for this phony settlement.
“Bend over and take it, bitches.” Not all heartfelt sentiments have to rhyme to get the message across. Watching CNBC, they’re trying to portray this as the BANKS getting treated unfairly. :-(
What the fuck happened to Biden, Masto, Harris, Schneidermann? Where did the holdouts go?
*vomit
CNBC is right. We should treat the banks fairly. We should take the resources that we waste in the judicial system every day by prosecuting pot smokers and whistle blowers, and use those resources for criminal trials against every employee of every servicer, originator, and doc-signer at the management level or above.
THEN, we should take this $25 billion poke in the eye and use it to pay for the biggest fucking class action the world has ever seen. Let every homeowner sue the pants off of all of these organizations and take everything they have.
That would be treating the banks fairly.
in fucking perpetuity
Everyone should read DDay’s posts. He’s been a hero in covering this fraudulent settlement.
And no, I don’t mean a settlement related to fraudulent practices. I mean a settlement that is basically a fraud being perpetrated by Obama on the American people in the “hope” that no one notices his four years have effectively eliminated the rule of law as it applies to the MOTU.
I’m thinking they either got bought off or threatened.
MERS never had a legal standing. It was and has always been a flagrant violation of State Law and local ordinances and violates the very principle of land ownership in the Americas going back to the 1700′s.
MERS was concocted by asshole bankers in a coordinated effort to defraud counties of recording fees and make the RMBS scam possible. That no one has been indicted is the scam of the new century, but it has its roots back in the late 80′s.
Yes. Absolutely. Make no mistake. The 99% will get to pay & pay for this, and at the end of the year, the Bank$ter$ will give the finger again by crowing about their giantly humongou$ bonu$e$ that they so RICHLY deserver because, you know, they “work so hard.”
Yeah, the banks do “work so hard” at ripping off the 99%. And with the connivance of ALL politicians, no matter which putative “party” they pretend to affiliate with, the banks WIN and the 99% LOSES.
Occupy the AG’s & the Banks!
I wonder if we can find County Attorneys willing to prosecute MERS and the banks that used the system, or at least to sue them to recover unpaid transfer fees and filing fees.
MERS will require a Federal Law to make it legal, and that is likely.
I am glad this is over and some relief for homeowners is in the pipeline – but the exclusion of 90% of the loans out there because they are now owned by Fannie/Freddie and the “temporary” head of the Agency that controls Frannie/Freddie scares Obama and can tell him he will not do principal reductions is nonsense.
I wish DDAY would spend 10% of the time he spends chasing BofA chasing Fannie/Freddie – and Obama – on this decision.
Despair.
That alleged Thomas Jefferson quote has been debunked.
Shorter take-away,
“Crime Pays!”
They were promised a visit by Navy Seal team six if they did not sign on.
There is simply no way to fix this broken system. It’s way past time to build a new one, in parallel to the existing one, and gradually migrate ourselves off the bankster credit hook.
I’m an #Occupier in NYC. I’ve kept this blog since the middle this past November. Please come have a look at what’s coming this spring; join the revolt without dropping the remote.
I logged on to say that that is a very tacky comment.
There were some holdouts and now there are none. David, what does this mean:
It’s a start. I can see how helping 10% of the people who are in trouble with their mortgages could have a big rebound effect for everyone else. After all, it was less than 10% of homeowners in trouble with their mortgages that crashed the entire market.
No, even though I’m trying, I can’t find anything snarky or cynical to say about this. I would have rather seen bankers arrested and humiliated and their families suffering, but in the end I’d rather just see things get better for a decent number of the people who were hurt.
It still wouldn’t hurt to make an example of a few of the worst bankers and parade them through the streets in handcuffs, though, but I won’t hold my breath.
One would think someone would be interested, like a county attorney, in recovering the millions of dollars in recording fees that were sidestepped by the MERS bullshit.
But I can see what kind of pressure a state AG would apply to a relative underling for having the audacity to seek justice and reparations for crimes and tax evasion.
Here is the press release from Kamala Harris’ office on California’s terms for the settlement. We are apparently still pursuing the False Claims, we will have a 42 person task force to investigate fraud, and will have a continuing ongoing collaboration with the AG of Nevada. And there are some separate state settlements in addition to the federal settlements, and terms that have to be met in California court.
Let’s just call this what it is:
Barry’s Bank Amnesty Program
Bank Amnesty for the Fat Cats, Bank Austerity for the working class! Hooray!! /s
can a person hate obama without being racist
It should be abundantly clear now that the POTUS is merely a PR flack for whichever secret shadow government faction wrests the real control from the other, no matter who he or she is or what Party they are.
Which at this point counts as good news, I suppose. Because I’m pretty much rooting for a revolution of any sort right now, hang the details.
BTW, when the Obots start talking up the “HUGE” $25 billion penalty, an easy way to grasp the scale is that it’s only 1/28th of the $700 bn in negative equity. Yes, Barry’s great wrist-slap is about 3.5% of the assets stolen…at maximum. Wow, Black Romney is SO much better than White Romney! We must work to re-elect him! We can’t let the wrong Romney win, people!!!
Vote for Obama! He only lets the banks keep 27/28ths of what they stole! Yay!
Looking back, instead of working for Obama in ’08, I should have offered my services to G.W. Bush when I was about 10 feet away from him in ’99. (He was at a banquet, I was hotel staff. We loved him because he only spoke for 15 minutes, where John Major had [on another occasion] run on for almost two hours. The donors loved him because he didn’t just hang around the dais, he worked every table in the room, even in my distant corner.) I’d have made more money and my conscience would be cleaner. Who knew? Sigh.
These were felonies. Who is going to jail?
“This is not a problem for [us] to fix. This is a problem for the banks and servicers to fix. They can fix it as fast as they feel like it.”
Foreclosure Fraud? Obama Looks Forward
http://seaclearly.wordpress.com/2010/10/23/foreclosure-fraud-obama-looks-forward/
“[T]he administration is focused on ensuring future compliance, rather than on looking back.”
“[W]e have not found any evidence at this point of systemic issues in the underlying legal or other documents that have been reviewed.”
Organized religion is irrelevant. Never a sound basis for setting policy. What a weak smuck!
According to the interpretation of the rumored deal (which has yet to appear in writing anywhere) only 750,000 households would get the pittance for the theft of their homes ($1800.00) and they would have to show that they were not in DEFAULT. Over 5 million homes have been illegally taken. (Press reports say 4 million but the count is from 2006, if that can be believed.)
I will believe what this agreement says when I see it and see the signatures of 49 attorneys general on the document. Should we require that the signatures be notarized? Can the AGs use surrogate signers? Rubber stamps? How about having the signatures notarized in states other than where the document was signed? On dates which were not the same as the date when the document was actually signed.
Do the each of the AGs actually have the authority of each of their state constitutions and statutes to sign the deal? Is legislative approval of the settlement terms required by the state legislatures? What about approval by the governors? What does each state’s law require before such an agreement can lawfully be signed?
Where is the federal court action which is supposed to approve this “deal” going to be filed? How will that federal court get jurisdiction over all 49 states who are to be covered by this settlement? Has everyone forgotten about Article III, Section 2, clause 1 of the Constitution of the United States? How to the AGs get standing to invoke federal court jurisdiction without filing a complaint? Same question for the banks? Is this a real case or controversy as defined at Article III, Section 2, clause 1 and over two centuries of case law?
I suggest that the AGs join together to the first five TBTF (too big to fail banks) who are negotiating this deal into involuntary bankruptcies based upon the claims of the homeowners. Now there is a case over which the federal court could exercise jurisdiction. 11 USC sec. 1334. Probable venue: District of Delaware, except GMAC/Ally which would be venued in Utah, according to my research. Put the Federal Reserve Bank of New York, Fannie, Freddie and Ginnie into involuntary bankruptcies, too. The Federal Reserve Bank is a private corporation and can be sued privately. It has a federal charter under Title 12. Use the bankruptcy court for federal district court for the District of Columbia for the Fed and the GSEs. Enough of this nonsense of constantly creating bail outs for zombie banks at taxpayer expense when the taxpayers are losing their homes and/or their retirement accounts.
This “deal” is as phoney as the robo-signed documents themselves.
Good idea.
An undisclosed number of members of Seal Team Six were killed shortly after the (faux) bin Laden raid in a helicopter crash over Afghanistan. This was never investigated and disappeared from the media almost immediately. It was also reported at the end of 2001 that bin Laden had died of kidney failure. The AGs don’t have much to fear from dead men who killed a dead man.
“It is impossible to introduce into society a greater change and a greater evil than this: the conversion of the law into an instrument of plunder.”
Frederic Bastiat (1801-1850)
According to the interpretation of the rumored deal (which has yet to appear in writing anywhere) only 750,000 households would get the pittance for the theft of their homes ($1800.00) and they would have to show that they were not in DEFAULT. Over 5 million homes have been illegally taken. (Press reports say 4 million but the count is from 2006, if that can be believed.)
I will believe what this agreement says when I see it and see the signatures of 49 attorneys general on the document. Should we require that the signatures be notarized? Can the AGs use surrogate signers? Rubber stamps? How about having the signatures notarized in states other than where the document was signed? On dates which were not the same as the date when the document was actually signed.
Do the each of the AGs actually have the authority of each of their state constitutions and statutes to sign the deal? Is legislative approval of the settlement terms required by the state legislatures? What about approval by the governors? What does each state’s law require before such an agreement can lawfully be signed?
Where is the federal court action which is supposed to approve this “deal” going to be filed? How will that federal court get jurisdiction over all 49 states who are to be covered by this settlement? Has everyone forgotten about Article III, Section 2, clause 1 of the Constitution of the United States? How to the AGs get standing to invoke federal court jurisdiction without filing a complaint? Same question for the banks? Is this a real case or controversy as defined at Article III, Section 2, clause 1 and over two centuries of case law?
This “deal” is as phoney as the robo-signed documents themselves.
I suggest that the AGs join together to put the holding companies of the first five TBTF (too big to fail banks) who are negotiating this deal into involuntary bankruptcies based upon the claims of the homeowners. 11 USC 109 prevents involuntary bankruptcies being filed against banks, but not bank holding companies. Now there are some cases over which the federal court could exercise jurisdiction!! 11 USC sec. 1334. Probable venue: District of Delaware, except GMAC/Ally which would probably be venued in Utah, according to my research.
Put Fannie, Freddie and Ginnie into involuntary bankruptcies, too. Use the bankruptcy court for federal district court for the GSEs. The GSEs are not banks and have done enough unsupervised damage to the homeowners, the national economy and the world both before and after its phoney statutory receivership.
See edited comment at 107. 103 should have read “bank holding companies” not banks to be put into involuntary bankruptcy. Deleted the Federal Reserve from the involuntary bankruptcy concept. They should be sued directly in federal court. GSEs should definitely be put into involuntary bankruptcy. It would be more fun to sue the Fed than to put it in bankruptcy. No one has ever tried suing the Fed yet, except one poor soul who thought he was suing a government entity and was told that the Fed is a private corporation by a helpful 9th Circuit Court of Appeals in Lewis v. United States, 680 F.2d 1239 (1982) which held:
Federal reserve banks are not federal instrumentalities for purposes of a Federal Tort Claims Act, but are independent, privately owned and locally controlled corporations in light of fact that direct supervision and control of each bank is exercised by board of directors, federal reserve banks, though heavily regulated, are locally controlled by their member banks, banks are listed neither as “wholly owned” government corporations nor as “mixed ownership” corporations; federal reserve banks receive no appropriated funds from Congress and the banks are empowered to sue and be sued in their own names. . . .
I am an old lawyer in addition to being an old soul and I agree, Peterr. See my revised post @106 which corrects some typos and one concept from my comment @103. I am glad you are thinking about the application US Constitution. Where is the case? What is the controversy? Who has standing? Article III, Section 2, Clause 1 of the Constitution of the United States.
Homeowners in trouble with their mortgages did not crash the market. Credit default swaps did. These instruments of mass destruction (per Warren Buffet) are behind the financial collapse of Europe (Greece, Italy, Ireland and more nations to come as the EU common currency comes apart at the seams) and the USA.
I appreciate your effort to try to keep up, but don’t fall for the bank propaganda. The banks created the percentage of bad loans so that they could hypothecate more credit default swaps and bet against the loan pools. By the way, the loan pools were never lawfully funded and the MERS front failed to conceal the securitization failure. The investors are holding nothing. Google “Abigail Field” and “securitization fail.”