If Pimco, the giant bond fund, actually believes this, they can sue to block the foreclosure fraud settlement. But of course, nobody has seen terms, which would be kind of crucial to that circumstance:
The government’s deal with banks over their foreclosure practices after 16 months of investigations is cheap for the loan servicers while costly for bond investors including pension funds, according to Pacific Investment Management Co.’s Scott Simon [...]
“This was a relatively cheap resolution for the banks,” said Simon, the mortgage head at Pimco, which runs the world’s largest bond fund. “A lot of the principal reductions would have happened on their loans anyway, and they’re using other people’s money to pay for a ton of this. Pension funds, 401(k)s and mutual funds are going to pick up a lot of the load.”
Asset managers are frustrated with the deal because, in addition to the debt the banks own, it gives credit to the lenders for changes to loans they hold no interest in and oversee for investors. That “treats people’s 401(k)s and pensions,” which hold mortgage securities, “like perpetrators as opposed to victims,” Simon said. The deal comes after all 50 states announced a probe into foreclosures in 2010 following disclosures of faulty documents used to seize homes, costing bondholders as liquidations of bad debt were delayed.
“Think about this, you tell your kid, ‘You did something bad, I’m going to fine you $10, but if you can steal $22 from your mom, you can pay me with that,’ ” Simon said yesterday in a telephone interview from Newport Beach, California.
This grumbling could translate into action, and Pimco would be a major force in that. On any given security, you would need 25% of the investors in it to protest changes to the terms, if I’m not mistaken, and given Pimco’s stature, they would help make that happen for a number of securities. The banks have been loath to create actual lists of securities holders, which is why private litigants have gone through the process themselves.
The Pimco manager made this statement despite their general support of principal reductions, which is true of many investors. Laurie Goodman, the great analyst from Amherst Securities Group, explains.
“There is no one who has been more vocal in support of principal reduction than I have been,” she said in a telephone interview. “There is a difference between principal reductions and giving banks credit for spending others’ people money.”
If she thinks that’s a problem, what about giving banks incentive payments as investors on bank-owned loans? Banks could make out either way. If they reduce principal on a bank-owned loan, they could call it a HAMP loan and get a payment of around 63 cents on the dollar. If they reduce principal on an private label MBS loan, they get to pay off part of the settlement with someone else’s money. Win-win.
But again, Pimco can do more than criticize. They can do something about it.




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Or can they? Gross has been criticized for getting too chummy with Geithner and friends.
Timmeh seems to know the old one about `hold your friends close and your enemies closer.’
I hope more of the investors will speak up. (I thought the analogy about the kid could pay his fine by stealing form his mother was a good one.)
It seems so simple to rip apart the settlement and it’s too bad the press doesn’t bother asking these questions and explaining it to the public:
Question: Who originated the loans with either reckless disregard for ability to repay when the initial low rates were adjusted upward (for which I blame the banks and not the homeowner because most people think a bank wouldn’t approve you for a loan that you can’t pay back…and a lot of the originators did cut and paste to change the income info on the application after the home buyer signed it so that it would be approved) or got fraudulently inflated appraisals?
Answer: the banks
Question: Who created MERS (which hid the actual owner of the notes, leading to foreclosures by non-owners of the note and mortgage for the property foreclosed on AND screwed up the chain of title for most properties that have had a mortgage on them that originated in the last 15 or so years)?
Answer: The banks
Question: Who either services those loans or chose the servicers that have abused homeowners, and chose the law firms that fraudulently foreclosed on likely millions of homeowners?
Answer: The banks
Question: Who sliced and diced and bundled these mortgage loans that they knew were seriously flawed, paid to have them rated as solid investments, sold them to investors as solid investments, and then in some cases bet against them?
Answer: The banks
Question: With the inking of this settlement (which the public will not be able to see until it’s been signed, sealed, and delivered by the banks, the federal govt, the state AGS and a judge), who pays for the vast majority of the above actions by the banks for which no one went to jail?
Answer: 1) The homeowners who lost their homes or were charged outrageous fees and otherwise abused by servicers but managed to pay them and keep their homes but at great financial and mental health cost, 2) Investors, including the pensions, 401(k)s, and IRAs of millions of hardworking people who thought their retirement funds were in safe investments, 3) Taxpayers, and 4) Anyone who wants to buy real estate and has to try to sort out and repair the broken chain of title.
Question: Who goes on making money hand over fist, handing out big bonuses, and thinking up and executing this and other schemes to rip off the masses for which they know they’ll get bailed out again and again?
Answer: The banks.
Awesome distillation of the situation. Could you share this with Eric Holder and a few million other people? Thanks.
Scott Simon happens to have a point here. Makes me throw up in my mouth a little bit to agree with a bankster. The sad thing is, he’s only whining because his bonus will be smaller as a result of the settlement.
Thanks. Since Eric Holder and Larry Breuer (two of the foxes in charge of guarding the henhouse) worked for the law firm that wrote the two opinions for the banks that formed MERS saying that MERS was perfectly legal, I think he knows all too well who caused all that damage. Chances are he doesn’t want anyone asking those questions…. or the public contemplating the answers.
Eric Holder stands to lose quite a bit professionally if MERS is found to be illegal and torn down.
Exactly.
Is it not FUCKING AMAZING that there is no news coverage of the Holder/Breuer connection to MERS? Maybe if Holder would go out in public without panties . . .
Citizen crowinghen:
“Since Eric Holder and Larry Breuer…worked for the law firm that wrote the two opinions for the banks that formed MERS…”
Awe shit…just when I had figured that it couldn’t get any worse…awe shit we are sooooo righteously fucked!!
Excellent analysis.
Seems like a feature of every program launched to “help” homeowners adds another decimal point or two to the banks’ profit numbers — by subtraction from everyone else.
Yep…….if only they’d taken twitter lessons from Anthony Weiner….it seems that’s the only way that DC insiders get ‘exposed’ these days.
Here you go, Norske.
This is a great post, and thanks again!
Is there any data on how many of the loans were for home purchases and how many were for re-finances? I am also wondering about the fraudulent loans for purchases. What percentage of those loans required down-payments more than a few thousand dollars or none at all? Is there a place where this information has been compiled?
Housing crisis losses – who pays?
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/02/12/MNMK1N61P1.DTL
Outstanding summary of the various agencies, corps and people involved in the financial meltdown and who stands to lose when the other guy gets paid and where the $$ would come from.
“`hold your friends close and your enemies closer.’”
Also relates to Obama and Schneiderman…
Schneiderman and Kamala Harris
Seriously, if there was any one thing that would resolve me to show no mercy after a successful revolution, it would be the evidence of overall studied complicity reflected by the media’s refusal to inform the public about a story so obviously relevant and important for the public’s awareness.
Question: Who goes on making money hand over fist, handing out big bonuses, and thinking up and executing this and other schemes to rip off the masses for which they know they’ll get bailed out again and again?
Answer: The banks.
http://www.seiu.org/a/profilewells.php
A profile of Wells Fargo. It’s only one page, but the detailed information presented will confirm what you already suspect, and also fill-in some blanks. From the profile:
In 2008, Wells Fargo earned only $2.7 billion in income; and yet it awarded its employees $977.5 million in bonuses, and spent almost $13 billion on total compensation.”
“Wells Fargo is a major funder of the payday loan industry that preys on cash strapped working families by providing short term loans with annual interest rates typically around 400%. Wells Fargo provides credit to six of the seven largest publicly traded payday lenders; this credit is indispensable for the payday lenders’ operations.”
The pensions and 401Ks bought AAA grade investments. Who stamped those bonds with the AAA rating? The ratings agencies. They are the ones who seem to have gotten off the easiest. They are still out there rating investments, still in business. I think it can be proven that they were negligent and/or complicit. I know they were trying to defend themselves using the First Amendment but I don’t know what became of that.
Anyway, the administration had to have known that the bondholders were going to throw a fit about this. If the settlement gets tied up in court, do the banks get their immunity while it is being litigated? (and as the statues of limitation continue to run out, tick, tock, tick, tock)? What happens to the money being paid out to the states? I assume that will start rolling out soon, after the federal judge approves the settlement.
waynec, thank you for that link to the Wells Fargo page. You’re right–it is an excellent and devastating profile. Those facts show clearly just how WRONG it is to let Wells Fargo (and the other banks) off with what is a ‘get out of jail free and by the way here’s some more taxpayer money and keep doing what you do’ gift. These banks have left so much devastation to people’s lives in their wake, and the damage will continue because they have reaped the rewards of their wrongdoing and there has been no accountability and no restitution.
It is so damned infuriating that every agency and public official and regulator who could have–and could still–hold the banks accountable has bailed, has walked away from their responsibility to the people who pay their salaries.