A federal judge in DC swiftly approved the foreclosure fraud settlement yesterday. Actually four of the consent orders with the five largest mortgage servicers were approved Wednesday, but we only learned publicly of the approval of all five settlements yesterday.
Some investor groups had talked about challenging the terms of the settlement, but this approval happened so quickly, and without even so much as a hearing, that they had no time to react. This is the very definition of a rubber stamp.
But the real news on this approval, dug out by Nick Timiraos, is this sentence: “Nothing from the consent judgment entered into court in the $25B foreclosure settlement may constitute ‘evidence against Defendant.’”
Now this was expected, and it was part of the document. The five servicers don’t have to “admit nor deny” wrongdoing as part of the settlement, an example of the total lack of accountability on display here. But it’s really stunning to see it in print that way. And here’s just an example of why this is so wrong.
Via Abigail Field, here’s a just-decided case against Wells Fargo on behalf of a private individual in a bankruptcy proceeding. The judge, particularly angry about the charges, awarded $317,000 to the borrower, and then ten times that, $3.17 million, in punitive damages. Here were just some of the findings in the case:
1. Wells Fargo applied payments first to fees and costs assessed on mortgage loans, then to outstanding principal, accrued interest, and escrowed costs. This application method was directly contrary to the terms of Jones’ note and mortgage, as well as, Wells Fargo’s standard form mortgages and notes. Those forms required the application of payments first to outstanding principal, accrued interest, and escrowed charges, then fees and costs. The improper application method resulted in an incorrect amortization of loans when fees or costs were assessed. The improper amortization resulted in the assessment of additional interest, default fees and costs against the loan. The evidence established the utilization of this application method for every mortgage loan in Wells Fargo’s portfolio.
2. Misapplication of payments received postpetition resulted in incorrect amortization of
Wells Fargo loans and threatened a debtor’s fresh start, as well as, discharge.3. Application of postpetition payments to new, undisclosed postpetition fees or costs also
threatened a debtor’s fresh start and discharge.
OK, so cutting through the legalese, the judge finds systemic accounting violations of the terms of the mortgage contract, not just on this loan but every mortgage loan in Wells Fargo’s portfolio. In other words, absolutely every loan Wells Fargo services breaks the law, to the detriment of the borrower. If you apply payments to fees first, you can keep claiming late payments to principal or interest, and lard on more fees. This is textbook servicer abuse.
Moreover, the judge found that “There is nothing in the record supporting Wells Fargo’s assertion that it has corrected its past errors. There is nothing in the record to assure future compliance with the terms of notes, mortgages, confirmed plans or confirmation orders.” So they haven’t fixed these violations of the terms of the mortgage. That’s why the judge hit Wells with $3.2 million damages, despite overcharges of just $24,000. The judge called the conduct “willful and egregious,” practiced in thousands of cases, particularly criticizing the bank for dragging this out with five years of litigation. And the judge noted that Wells “steadfastly refused to audit its pleadings or proofs of claim for errors and has refused to voluntarily correct any errors that come to light except through threat of litigation.” This is the Pinto defense, the failure to fix problems in the hopes that they can limit the damage to those with the persistence and means to sue.
This is precisely the type of conduct that is being waived in the settlement. Servicer abuse is part of the settlement terms. From a judge, this borrower got $3.2 million. From the settlement? If she’s out of the home, $2,000. If she’s in the home, perhaps nothing if she’s not underwater.
More important, these systemic crimes are ongoing, as the judge in the Wells case expressed. The settlement did not stop the train rolling downhill of a broken and corrupt servicing sector. They did nothing but waive the ability to sue over it. And a federal judge just went ahead and rubber-stamped it.





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More collapse from the Judicial branch.
A feature not a flaw, thanks to the POS eric folder and his injustice department..
Isn’t this much the same as the “corporate integrity agreements” wherein BigPharma can escape culpability by merely paying a fine (cost of doing business) and a “cross my heart, we won’t do it again” promise. They do not admit criminality, and thus escape punishment. Oddly, some continue to function quite well with 2, 3 or more “corporate integrity agreements” in effect.
See this is what’s percolating in our brains. Our expectations are being betrayed, not just now and again, but on a routine basis. Although it is true that someone with a great deal of information is in a better position to make a sound decision, it is also the responsibility of the decision maker to explain, simply and accurately. The fact that few of these people in authority do this leads to the inevitable suspicion and now firm belief, that none of this will be corrected, in the short or long term. What does America stand for anymore? We are being deluged by unlawfulness and no accountability for it.
What a surprise. Nothing in our recent history had led me to believe that the big banksters would escape accountability. The ‘leader’ in the wh, his appointee at doj, all of the congresscritters, and the legal system have be so upstanding in protecting the rule of law because this is a nation of laws. This is all part of the eleventy dimensional chess. This most transparent of presidential administrations will make sure that everything is fixed after the election in eight months.
I can’t say what I think about this without getting moderated, so I’ll just wish everybody a happy holiday.
We are no longer a nation that even pretends to live under the rule of law, which I think means, more or less, that America is dead. What shall we call that which remains?
that was the intended outcome from the beginning of the fraud settlement
the Obama holder fruadster protection settlement
heres the next upcoming fraud
Bill black on Jobs Bill More legalization of fraud
http://www.kpfa.org/archive/id/79387
audio minute38:44
the crime that pays is the crime that stays
Thanks for your ongoing reportage on these insane issues.
I hope to have a report on what’s happening in California soon.
Blessings,
You are in rare form today. This comment and the one you made on Siun’s Bahrain post are very entertaining. You give good snark.
Thanks, I needed that since it is tax time and that always depresses me.