So here’s one lagging mystery about the foreclosure fraud settlement: what becomes of Massachusetts AG Martha Coakley’s lawsuit against five banks over deceptive practices and illegal foreclosures? Now we know.
Coakley says in a release that she got a carve-out over certain types of claims in the suit. Others, however, were extinguished in the settlement.
AG Coakley also secured an additional “carve out” to the agreement to allow her office to continue to pursue further relief in the courts against the banks over two Massachusetts-specific issues. Those claims include initiating foreclosures without holding the actual mortgages (so-called “Ibanez” violations) and allegedly corrupting the land recording system through the use of the Mortgage Electronic Registration System (MERS). The agreement will settle all other claims made as part of AG Coakley’s lawsuit against the five banks filed on December 1, 2011.
“Fixing this foreclosure crisis is one of the most important things we can do to restore a healthy economy,” said AG Coakley. “In Massachusetts, this agreement provides for immediate relief and continued enforcement. The banks will provide an immediate infusion of millions of dollars in relief for struggling homeowners. It also allows our office to continue to pursue our claims against the banks for initiating illegal foreclosures in our state and corrupting our land court system. By no means is this settlement the end of our work seeking accountability and relief, as we are continuing to look at the practices of Fannie Mae and Freddie Mac and are participating in the state-federal task force investigating the practices that led to the collapse of our economy.”
Humorously, Coakley writes at the end that she has already recovered $600 million in relief for Massachusetts homeowners. This settlement will net her a little more than half of that, $318 million.
And it comes at a cost. The “Ibanez” claims are important, as Massachusetts law clearly states that foreclosures without the underlying proof in the documents are illegal. And like other states – New York, Delaware – she can continue her MERS claims. But the deceptive practices are gone. That includes her claim that dual track, the practice of setting up a loan modification for and foreclosing on a homeowner at the same time, is a deceptive practice. That’s gone. And in the servicing part of the settlement, which you can see a draft of here, dual track is merely “restricted.” The banks have to complete a nominal review of a loan modification application before moving to foreclose.
I would call this a significant giveback for Coakley, and the relief she acquired in exchange is pretty modest. It’s no Kamala Harris portion, put it that way. Granted, Massachusetts doesn’t have nearly the same foreclosure crisis as California.
It will be interesting to see how far Coakley pursues the Ibanez claims, but they arise out of state Supreme Court law and aren’t really applicable nationwide. And the lawsuit is split into several parts now, so I don’t know what that means for its chances.




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It sounds like she cut and ran, and is trying to shine the sneaker.
She didn’t have to agree to any of it at least for this state.
Color me shocked. Martha threw away a Senate seat when she kissed Obama’s ring and rolled over for Stupak/Nelson. I thought after that episode she wouldn’t repeat such a mistake. Guess I was wrong.
We need a new AG in Massachusetts, one who is independent of the federal government and represents the interests of the citizens of the Commonwealth.
Mass doesn’t have the clout it used to. Maybe she did all that could be done. I’m neither happy about the results nor thinking another AG could have done better with it.
Still, it’s kind of an unexpected shock as I indicated above.
She could have refused to sign on. Honestly, it’s not that freakin’ hard. And it is not only what I expect, but what I demand of state officials. That is, that their first priority is to the citizens of the state, not the federal government or a party member’s ability to raise funds to run for re-election.
I’m way beyond letting mealy-mouthed excuses for truly inexcusable behavior slide. Obama has turned this into the biggest plank of the Democratic Party platform, the “oh well, what could we do” excuse. You would think the Democratic rank and file would be in open revolt over the endless parade of incompetence on display. But you would be wrong, the rank and file make excuses all fucking day long and look where it has gotten us. A country no longer governed by the rule of law, slowly being strangled to death by corporate interests that have hired the most corrupt unprincipled politicians money can buy.
Coakley is a disgrace, but no more so than every other Democrat in office. The only possible reason that any other AG might not be significantly better is that only those sufficiently malleable and corrupt get their campaigns bankrolled by the monied interests and voters vote for the candidates that the corporate press tells us are “serious” candidates. Our democracy is a farce.
The banksters will steal every last fucking dime we have and no one will stop them.
I am infuriated. Coakley could have done better. And she should have.
A paper on “criminal affirmance” that some were looking for in earlier thread. I got it here just now.
The purpose of the dragged out, complicated negotiations, as in every case under O, is to tire the 99ers out, make them lose attention, so the sell-out is so far from the crime that everyone has forgotten what it’s all about.
Not a 1%ers’ tactic that Zinn identified. Prolly not a new one, but one I hadn’t thought of before.
Slightly OT, but does anyone happen to have any figures on how much these same banks profited from their bailouts? Not just TARP, but the other corruption… such as Bernanke loaning them money at 0%, then borrowing it back at 3%.
The MOTU have it made!
If they go after the Bankers, then Wall Street Gets Nervous. They’ll lose their campaign contributions (legal bribery) from both Banks AND Wall Street.
Not only that, but the Bankers and Wall Street Will Go After Them via Citizens’ United Super PACs ad blitzkreigs.
After all, The Democrats have not YET delivered Social Security to Wall Street. Nor have they YET delivered Medicare to AHIP.
Its going to take another Obama Term to do that.
Another interesting comparison might be CEO comp vs. number of 99er homeowners it takes to get the same amount under the settlement. I suppose you won’t see that comparison in and of the corp media.
Yep. No more SS, MC after O’s second term.
Reminds me of this piece…
I suspect those that will be getting a settlement of $2,000 can now take the family to Disneyland.
Local newswoman just said that homeowners are “celebrating” this deal. No kidding. (((Shaking head in shame)))
I’d like to contribute, but last night I watched Prince Of The City. Wish I could embed all three hours of it.
Right? You know that people who lost their houses probably also racked up plenty of credit card debt trying to stay afloat. My guess is that more than a few folks will be taking that $2,000 and giving it right back to the banks. 2K is just enough to make it feel like a hefty pay down of debt, but not enough to really make a big difference. 2K. Where’d they get that number?
For anyone who wants to set up your own Fraudclosure Shop…
And an illustration of how the “pipeline” works…
I’m just here to help.
I’ve been typing for a month that O’s second term is going to be much worse than his first bc he doesn’t have to run for reelection. It’s open season (assault weapons req) on 99ers, but esp proggies, LGBT, lil wimmen. Wars out the wazoo.
Looting U.S. by 0.1%ers at record breaking pace. U.S. will make Greece look like paradise.
You mean “local newswoman on the make” I’m shure she’s hoping to climb high the corporate ladder. How else would the purveyors of propaganda describe this piece of shit? Reminds me of the Potemkin Village the Nazi’s set up in Czechoslovakia to show the world how happy the Jews were.
I wrote that in another post. this deal was decide in 3 seconds and was kicked around till now to put some distance, and confuse the issues.
the trick is not new
It sure as hell looks that way to me, cable (and network) “news” Happy Talk notwithstanding.
Who ever said it was right, “It’s always darkest before it goes totally black.”
Yes. I suspect this is why the R field is so pathetic this cycle. The PTB has already “elected” O for his second term just to get some serious work done while progressives are divided between D Party loyalists and Party leavers.
Got rid of my TV yesterday. Blessedly.
About 30% of eligibles will vote. Inaug parties will be the most lavish & tasteless ever.
That television you got rid of didn’t actually belong to you but was in reality the property of the oligarchs. I expect that’s another law that’s being crafted to better serve the oligarchs. We’re all serfs now.
Away from the prying eyes of the TV camera’s they might even roast them some homeless people for their revelries.
Potemkin Villages are a myth you know, and nowhere near Czech lands.
Potemkin’s trip with Catherine was along the Dneiper – which is on the eastern side of Poland and Romania and dumps into the Black Sea.
Oh, it belonged to me alright. I paid a gigantic $125 for it about 40 years ago. Won’t go thru the boring details of my thought process that decided me to junk the whole TV enterprise.
But the denouement was the TWC call that I got at 8:52a today asking why I’d cut back my service. (Keeping cable for internet; still outrageous at $50/month. Made myself as obnoxious as possible by calling TWC rep a monopolist whose only job it was to rip off customers. Unfortunately, retention robot who called this morning hadn’t listened to my phone call of yesterday.) Told her I junked my TV. She was speechless.
That would add to the festivities, no doubt.
Have you ever heard of Theresienstadt in Czechoslovakia?
http://www.ushmm.org/wlc/en/article.php?ModuleId=10007463
Yes. And your point is what?
I think that we can safely guess at any outcome for any lawsuit against the banks.
BTW, I saw somewhere that homeowners can get redone mortgages at 5%. Whatever percent is pure profit, but that should have been lowered to at most 2%.
Actual, not metaphorical, Potemkin villages.
the ballot box will not cure the ills.
credit card debt, destroyed credit, lawyers fees and bankruptcy. The damage to the homeowners…also comes with health problems.
Coakley did a far better job going after the Amiraults, those poor innocent daycare owners in the Fells Acres Day Care case back in the 1980′s. She and the state put them through hell, all based on the false memories of little children. It was pathetic and is still a dark stain on Massachusetts. But then, it’s lots easier to go after little people than rich, powerful banksters. This country is hopeless. My generation is a failure.