You can find the HUD IG reports on servicer abuse here. They created one for each bank involved. And they really are incredible, describing a pattern and practice of abuse that is quite extraordinary. They paint a picture of constant demand on the back offices of the major servicers to simply produce more and more foreclosure documents, with no regard for accuracy or even rudimentary knowledge about the loans. And this led to the processing of false documents used in court to kick people out of their homes. The classic takeaway, from the JPMorgan Chase review, is this:
We reviewed 36 affidavits for foreclosures in judicial States to determine whether the amounts of borrowers’ indebtedness were supported. Chase was unable to provide documentation for the amounts of borrowers’ indebtedness listed on the affidavits for all except four. When we reviewed the four affidavits, three were inaccurate. Specifically, the amounts of the borrowers’ late charges and accumulated interest did not reconcile with the information in Chase’s mortgage servicing system. In discussions with Chase’s assistant vice president for default support services, he indicated that he did not know why the amounts did not agree. Further, Chase’s vice president and assistant general counsel mentioned that when Chase reverified selected affidavits for the Office of the Comptroller of the Currency, the amounts on the selected affidavits agreed with the information in its system.
35 out of 36 is an impressive error rate. And I love the “re-verification” for OCC; it reminds me of the “ta-da” documents that bank lawyers just happen to find for the court after their initial fraud is discovered.
Marcy Wheeler notes in the Wells Fargo document that these reports were passed on to DoJ at least a year ago:
Based upon the results of our review, Wells Fargo’s practices may have exposed it to liability under the False Claims Act for submitting the claims for insurance benefits to FHA without following HUD requirements. We provided our preliminary findings to DOJ for its assessment and determination on any potential liability issues.
So DoJ sat on this information for at least a year, preferring to use it to negotiate a settlement than in a criminal inquiry. And this investigation, however limited, showed that the pattern and practice came right from the top, from the executives themselves.
And if they couldn’t prosecute on the False Claims Act, they certainly had potential on obstruction of justice. Here’s a clip from the JPMorgan Chase review:
Our review was hindered by Chase’s reluctance to allow us to interview employees outside the presence or involvement of its management staff or attorneys; therefore, the effectiveness of those interviews was limited. On a number of occasions during the interviews, Chase’s management or attorneys clarified statements provided by staff. In addition, Chase did not provide read-only access to its mortgage servicing systems, which would have allowed us to independently verify the amounts on the affidavits and assess the reliability of the data to facilitate a better understanding of Chase’s internal controls.
Chase was unable to provide electronic production records for all operations specialists during our review period. Chase’s production records, prepared using Microsoft Excel, identified the persons who prepared each foreclosure package and signed the affidavits. However, for the records provided, all of the data fields were not always complete, and Chase did not provide a point of contact, who could explain and clarify the data. Further, Chase provided the production reports nearly 4 months after our initial request. As a result, it was not possible to know whether Chase omitted from the records information that was relevant to our review.
At the very least that requires more study, perhaps with subpoenas. And as Ben Hallman reports, this was pretty uniform across the major banks surveyed by the HUD IG:
Wells Fargo provided a list of 14 affidavit signers and notaries — but then stalled while the bank’s own attorneys interviewed them first. The bank then tried to restrict access to just five of those employees. The reason? “Wells Fargo told us we could not interview the others because they had reported questionable affidavit signing or notarizing practices when it interviewed them,” the report says [...]
Bank of America only permitted its employees to be interviewed after the Department of Justice intervened and compelled the testimony through a civil investigation demand. Even so, the review was hindered, the report says.
“On a number of occasions, Bank of America’s attorneys refused to allow employees to answer questions, stopped them in the middle of clarifying information already provided, or counseled them in private before allowing them to provide a response. Further, [the bank] would not permit an effective walk through of its document execution process that would have facilitated an understanding of its process.”
The investigation into Citigroup’s mortgage division was “significantly hindered” by the bank’s lack of records. Citigroup simply did not have a mechanism for tracking how many foreclosure documents were signed.
Both JPMorgan Chase and Ally Financial refused to provide access to some employees or documents or otherwise impeded the investigation, according to the report.
You can’t say that the banks didn’t know what they were doing. They stonewalled and stalled and obstructed federal investigations – even a mild one like this from the HUD IG – and in the end, they got a pretty good deal in the settlement. Crime pays.





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Yep.
This. Is. Sick.
I would have shut the banks down and pulled an FDR by now.
Thanks for the post David.
Thanks again for wading into this stuff, DDay.
I find the Chase error rate in the HUD IG report atrocious. Even more atrocious, IMHO? The fact that HUD only looked at 36 cases.
David, it’s good that you are doing such a great job of documenting the details, having a good historical record is important, but anybody paying the slightest bit of attention knows the big picture by now. We were deliberately and systematically robbed and raped by criminals who also bought off every player at every level of law enforcement and accountability. There is no rule of law, and there is no consent of the governed. What there is is the law of the jungle. When and how are we going to bite back? That is the only remaining question.
The ONLY chance WE have is a president and an attorney general who are willing to do what is right. I put that at 5-1 against.
You’re being generous. And forgetting the obstructionist congress and complicit Fed and Treasury. Oh, and the corrupted SCOTUS.
Look, you want to know why this is happening and continuing to happen?
Google the following terms:
June 6 2008 Chantilly Virginia
Obama is as beholden to the banksters as was Bush. Obama’s nothing more than a handmaiden for them, no different than Bush was. Nothing will be done, not with the high concentration of banksters in his Cabinet. And a Rethug Administration will just follow through…as Obama has from Bush.
#OWS is barking up the wrong tree. They are aiming their ire at the minions, not the Masters of the Universe. Who happen to have Mr. O snugly in their pockets.
I knew a man back in the seventies who was on the board of a local bank. He said the bank didn’t want to foreclose on your house; it was too much of a pain to deal with – to try and sell it, etc. they would try their hardest to keep you afloat and in that house. That was then, this is now. So my question is WHY do the banks want all these foreclosures now? Being the cynic that I am it seems like it’s all part of the plot to erode local governments….
The corporate oligarchy has for decades been relentlessly laying the groundwork for the present reality. It looks to me like we are now in the endgame, where they feel little need to hide the game, because they have no fear of us. Fear is all they understand, it is what they use to control us, it is the only thing we could use to control them.
Totally true …
It’s totally corrupt, the whole shebang …
And, interestingly enough,
We are NOT all … equally … “to blame” …
For all of this nasty “stuff”.
Now some will say,
“We just need a President who will care!”
But I ask ya,
Is such a one there?
Let’s check the horizon …
What do we see?
Why nuthin’ surprisin’
How could that be?
Yes, it’s a fact
It’s up to “the folks,
That’s simply … you and you and me …
Let’s make a pact
About true justice and what it means to be “free”
We might even mention the word, “responsibility”,
Or some silly notion like the Rule of Law.
And what that means to honest liberty …
What is tyranny, but being under the paw
Of those who who don’t give a damn
except for power, money, and … expediency?
Oh … and their own exceptional, astute, sweet selves …
Who think killing a lark and droning a game
How did we ever fall for “leaders” so teribbly lame?
What should a people do when confronted with this?
Who has any thoughts?
Who will hazard a guess?
What do ya do when the government rots?
Wasn’t there, once, a Declaration of sorts?
That gave a list of rational resorts?
Or, should we just pretend that everything’s right?
In the hopes that it will all be fixed in the night?
(I hope, Kris, that will not make you cross …
but it seems that the future’s up for the toss.)
DW
If you think of ‘local’ as in ‘national’, then you will understand the scope of this. The banksters that did this are internationalists, not nationalists. As the Uber-banker of them all once said, “Give me control of a nation’s money and I care not who makes the laws.” It’s pretty damn obvious the banksters ‘care not who makes the laws’.
If the American people ever allow private banks to control the issue of their currency, first by inflation and then by deflation, the banks and corporations that will grow up around them will deprive the people of all their property until their children will wake up homeless on the continent their fathers conquered – attributed to Thomas Jefferson
Ol’ Tom knew what he was talking about. As did Andrew Jackson:
The bold effort the present (central) bank had made to control the government … are but premonitions of the fate that await the American people should they be deluded into a perpetuation of this institution or the establishment of another like it.
and:
Every man is equally entitled to protection by law; but when the laws undertake to add… artificial distinctions, to grant titles, gratuities, and exclusive privileges, to make the rich richer and the potent more powerful, the humble members of society — the farmers, mechanics, and laborers — who have neither the time nor the means of securing like favors to themselves, have a right to complain of the injustice of their government.
and:
I am one of those who do not believe that a national debt is a national blessing, but rather a curse to a republic; inasmuch as it is calculated to raise around the administration a moneyed aristocracy dangerous to the liberties of the country.
We were warned about central banks and who was behind them long ago. What’s happening today is the result of failing to listen to that warning.
DW, the thought that scares me is that we’re toying with our children’s future. If we don’t care enough about ourselves being free, we should at least be very concerned about what we are leaving for our kids to live with. As a greatgrandmother, this worries me.
Merit as a way to the top is rare in America – and elsewhere. It is people skills defined as getting along with the legacy rich – and folks that move up that path think they have ethics because their personal decisions are kind or at least not too hurtful, and the business decisions are under “business ethics”.
You can’t get the legacy crowd to do anything for “the people” unless they can use company money to get their name on a building.
So we can agree that the bank management is/was unethical by real people standards, broke laws by those standards (under business standards no laws were broken until you are serving 1 to 5 in Stateville).
But under business ethics having the company paying a fine is not personal and does not change corporate behavior, as we discussed and agreed at the FDL book salon on this financial mess.
The crimes outside of the bank by Goldman types (investment banks), hedge funds, and just rich folks who were the prime movers of this mess – not the banks – are by political contribution rules not to be addressed – so a settlement that changes bank executive behavior is a win in my world – and very hard to get and therefore unusual.
Now the Settlement sucks except for the BofA agreement – why the heck other banks can stop their writedown to market at a level that is 20% over current market is beyond my understanding. Toss in the rules http://my.firedoglake.com/papau/2012/03/13/obamas-home-refi-why-you-cant-get-it/ and you conclude the settlement was much too small and made too complicated.
But to pretend the government folks weren’t after “justice” and ignored crimes by those in the banks because they did not want justice is nonsense – the real crimes being ignored were committed by Susan (Yves)’s friends in the hedge fund/investment bank industry who now ask for more money because they were “victims”.
The banks attitude change was forced by the hedge funds/investment banks that thought they were being cute and avoiding a lot of small losses by not including in the securitization documents a person that could agree on behalf of those in the pool to take a loan modification that was a wqin-win – less costly to the pool that a foreclosure.
So the only way the pool investors are forced to accept the loss on the risk they accepted is to foreclose.
Got to love the hedge fund/investment banks. Poor investor victims – /s
Indeed. Had my first grandchild last August. Pains me to think this all happened on OUR watch, my generation. We stopped a war only to be betrayed by our elected officials (contempoiraries) and our government that has been bought and paiud for by the 1%. It’s disgusting.
Time to remove your penis from the Susan doll-it’s far-fetched to blame her for our current situation.
Well played, sir.
And I think we all know the solution here. Nobody’s really ready to voice it yet, but there is only one way out here. Otherwise, we continue to live under a tyrannical government until the end of days.
I suspect, Kris, that if we do not, relatively “soon”, find the courage to actually LIVE … that we will “live” under such tyranny as many here clearly perceive … only until the rest of “the people” of the world have had … enough … at that point … well … we just might get some of the stuff “imported” that has long been “exported” … with our name, “The people of the United States of America”, written all over it … the tyranny will give us real shit, but karma? Now, THAT will be hell.
DW
“But to pretend the government folks weren’t after “justice” and ignored crimes by those in the banks because they did not want justice is nonsense – the real crimes being ignored were committed by Susan (Yves)’s friends in the hedge fund/investment bank industry who now ask for more money because they were “victims”.”
And so where are the prosecutions by DOJ ?…either way,it demonstrates how awful corrupt the first AA Attorney General has been…absolutely disgusting.
Imagine if all past AA leaders such as King,ThMarshall, etc,etc had been this morally bankrupt as Holder,it’s not hard to imagine that the little civil rights that exist today would be non-existent.
“If you think of ‘local’ as in ‘national’, then you will understand the scope of this. The banksters that did this are internationalists, not nationalists.”
Exactly, corporations and banks have moved passed the ideas of nationality and patriotism a long time ago. The auto industry bailout and any other bailout is usually for an international conglomerate. However we get Clint Eastwood playing the cheerleader on a pseudo- secular national holiday talking about America’s second half and Americans ate up this propagandist tripe. Until enough humans across the world realize how they are being played against one another by these multinational conglomerates; war,hatred,greed and poverty will continue as part of the human experience for the majority of the world.
Watch out! Inner poet unleashed. ;-)
You’ve got it exactly right, as usual. We are beyond parties, and we are beyond nations. It’s giant corporation vs. regular people that is now the relevant dividing line.
I think that is a concept many people, in particular Americans have difficulty accepting. The heads of these multinational conglomerates have a different perspective of the world when the vast majority of their time is spent jet setting from one meeting to another around the world or teleconferencing with heads of state to bend them to the will of the corporation. Nationalism and patriotism are notions to keep the rest of us in the dark and under control.
The thought of a truly democratic world government is only scary to those who wish to continue the path that will eventually cause the destruction of the human species.
Because now they can simply sell off the bad asset to a company that’s mission is to collect of foreclose.
That’s the real reason why Reagan said “…the government is the problem.” a strong, democratic government could stand against multinational corporations.
The DOJ? That would be Holder. Don’t hold your breath, he’s too busy figuring out how to circumvent the Constitution to suppress and kill citizens.
Thank you for your comment niemo99. Which is why as George Santayana stated, “Those who cannot remember the past are condemned to repeat it.”
As for C Hope’s statement, the 1970′s were a time when Commercial and Investment banks were not allowed to merge and derivatives were simple contracts rather than complex financial instruments to “difficult for anyone to understand”.