Bank of America says they have begun mailing notices to their borrowers about principal reduction opportunities under the foreclosure fraud settlement. You may recall that BofA inked a side deal on the settlement that would allow them to extinguish an additional $850 million of the cash penalties by reducing loan balances more deeply than called for in the settlement. At the time it was announced, the thinking was that BofA could avoid that $850 million by reducing balances on loans it didn’t actually own.
The expanded program could allow Bank of America to avoid paying $350 million in penalties tied to the foreclosure settlement and half of a separate $1 billion penalty related to a settlement of false claims filed on loans backed by the Federal Housing Administration, if the bank meets certain targets. Many of the write-downs will be made on loans originated by Countrywide Financial Corp., which Bank of America acquired in 2008, and then packaged into securities. BofA will also reduce balances on loans it owns [...]
Some fund managers feel it is unfair for banks, which serviced mortgages on behalf of investors, to use those same loans to meet their obligations under the settlement. “The fact that a servicer has done a poor job has already impacted borrowers and our investors,” said BlackRock Managing Director Randy Robertson, who declined to speak specifically about the Bank of America agreement. “To ask investors to pay for banks’ fines in any form seems inappropriate and incorrect—we have very serious issues with that.”
So whom did BofA reach out to today?
The bank said it planned to contact more than 200,000 homeowners who could be candidates for the offers, sending letters to a majority of them by the third quarter of this year.
To be eligible for the principal reductions, however, homeowners will have to meet certain criteria, including: having a loan owned or serviced by Bank of America; owing more on the mortgage than their property is worth; and being at least 60 days behind on payments as of the end of January.
Owned OR serviced. In other words, this is exactly as we suspected; BofA will try to extinguish cash penalties by modifying principal on loans they service but don’t own. And they’re trying to load up on the modifications with those loans.
Earlier the bank said that the average principal reduction would be in the range of $100,000. According to their new statement, the reductions could average as high as $150,000. That means that, one, fewer borrowers will benefit, for it takes fewer borrowers at an average of $150,000 to reach their target number; and two, they’re probably trying to load up on more homes where the loan isn’t owned by them, reducing lots of principal on those homes. These are probably late-bubble models that Countrywide appraised way too high, where bringing down to market value costs a ton of money. They’ll pick and choose the special cases and “pay” their debt to the government with someone else’s money.
I’m generally happy to see any principal reduction happening, though of course these are letters and not actual principal reductions. BofA sent out the letters to 200,000 borrowers, and now they can pick and choose on whom to bestow these benefits. And additionally, BofA will build in a three-month trial period where borrowers will have to pay the mortgage at the new rate. This was the trap in HAMP, as borrowers didn’t get an answer on a permanent modification after three months, waited, and were then hit with a denial and a demand for the difference between the trial payments and the original mortgage within days to avoid foreclosure. Looks like BofA may be setting the same trap.
To call this a “penalty” for these banks, or a first step or a down payment or whatever it is Shaun Donovan is calling it these days, should only provoke laughter.




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“should only provoke laughter” . . . or guillotine-sharpening lol. It’s very good to have you back with us, David.
I was thinking torches and pitchforks, tar and feathers…
You beat me to it, RC.
Thanks for the post David. Great to have you back.
You saw this coming months ago. Wouldn’t it be nice to be wrong sometimes? Especially on issues like this one?
Four months from now, Barack Obama will deliver his acceptance speech at Bank of America Stadium. You can’t make this stuff up.
Sometimes the older are quicker, grasshopper lol. ;-)
Oh, you could make it up, but noboy would believe it!
I AM faster than my 7 month old grandaughter…but she’s cathing up fast.
Indeed.
With the shooting of the Italian CEO yesterday (story in DDay’s round up), looks like the older 1%ers might need to be really quick in the near future.
$850M divided by an average principal reduction of $150,000 is 5,667 principal reductions. That’s equivalent to buffing the scratches out of a 1 sq inch section of a totaled wreck.
We got a long way to go.
Hey know, we all know who the “morally solid” President should be supported as he takes his nomination in a building named for that bank =P (snark)
I don’t really want to advocate terrorism, but cosmic justice would be served if someone repossessed that stadium during the convention with forged documents. Or an asteroid fell directly on it… Wait, why I do hear helicopters?
Anyways, thanks as always DD for keeping up with this, I never cease to be more disgusted with how little coverage this gets, so your posts are ALWAYS welcome.
Maybe the Charlotte Hornets basketball team, the worst in NBA history, will show up on stage as Obama gets ready to speak.
principal reduction on loans you do not own is standard operating procedure for loans owned by any security/trust that has appointed a person to make such deals when it is in the interest of the loan owners – the “you who do not own the loan person but are cutting the principal” being the servicer used by the Trust.
BOfA is acting as a servicer with that authority – the reductions are a win-win as the result is a better situation that the investors would have had under foreclosure.
If there is a need to reduce BofA’s capital for wrong doing there is always the possibility of a fine for wrong doing, via civil court cases.
But no matter how loud folks stamp their feet – there will be no houses given away for free – but again they can go to court and get money for any financial injury BofA has caused them.
Find the #ALEC corporate and State Representative chairs in your state and force their resignations. For Oregon, #PDX atty Paul S. Cosgrove is the corporate State chair. Here’s the petition (Change . Org) to demand he step down. Pass it on …
Audio of New Mexico’s state ALEC co-chairman Rep. Paul Bandy discussing how contribution checks from corporations magically appear in his mailbox (CrooksandLiars.Com, by Kenneth Quinnell, May 01, 2012)