This one offers a bit of vindication. I cannot tell you how much grief I got from “official sources” over the clear reality that banks would be able to pay off their penalties in the foreclosure fraud settlement with investor money. HUD Secretary Shaun Donovan flat-out said it, and then had to backtrack and obfuscate. But it was clearly set up by the terms of the settlement. Banks would get credit under the settlement for modifying loans in private label mortgage backed securities, which means the investors take the hit.
This became more clear in Bank of America’s side deal, where they would reduce their penalty through modifying loans they don’t 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.”
BofA made a settlement deal with its own investors for $8.5 billion (one that’s still tied up in court), that they claim makes those loans eligible for write-downs without even having to get investor consent on a case-by-case basis. It’s probable that these write-offs could be beneficial to the investor, or NPV-positive, to use the technical term. But they’re still paying for BofA’s misconduct.
BofA started this process back in May by mailing letters to people with loans that they “owned or serviced.” In other words, they would reduce balances on loans they didn’t own, and get credit under the settlement. Sure enough, as American Banker reports today, writing about BofA’s compliance with the settlement:
In a surprising revelation, the Charlotte, N.C., lender also said that more than half of the nearly $5 billion in principal reductions will be paid for by investors, not the bank itself. That matters little to delinquent borrowers who saw their monthly payments reduced, but it is sure to anger investors who have argued that they should not have to be punished for banks’ mistakes.
Whether B of A’s report is indicative of progress other banks are making in complying with the landmark settlement won’t be known until Joseph A. Smith, the settlement’s monitor, issues his own progress report on Monday.
It’s actually not surprising. BofA has been planning this for months. All of the indications in their side deal showed they would get off the hook for billions in principal reductions by laying the cost off on investors. I was screamed at for hours at a time over mentioning this before the fact. Now BofA casually put it in a finance report.
In all, 60% of the nearly $5 billion in BofA write-downs came from investors. JPMorgan Chase similarly reported that around half of their $3 billion in write-downs come from investor-owned loans. Basically, the banks are extinguishing half of their obligations under the settlement by paying for them with other people’s money. And “investors” in this case could include anyone, including public pension funds or whoever purchased a mortgage-backed security.
Yves Smith has more. It’s hard to feel good about an injustice like this, so let me just use the word “vindicated.” In that I’m vindicated that my instincts were correct about the apparatus of the federal government promoting this settlement were a bunch of brazen liars.




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That is why you, are the MAN! And they are sniveling sellouts you said they were.
another frustrating part of this so called settlement, is that if Freddie or Fannie decided to buy your mortgage (a transaction you have no control over) you can not participate in this settlement because ed demarco and the fhfa didn’t want to participate in it. So even though your home has lost value and you and your family have been harmed financially by way of these banks fraudulent and nefarious activities, you can not receive any justice because your mortgage is owned by the government. Perhaps, and this is a huge stretch, obama will use the fhfa’s failure to participate in this settlement as a reason to get rid of demarco and justify a huge mass refi program for underwater mortgages.. yeah probably not. Oh and just for shits and giggles, last week we were denied help in the Keep your home California program for the hardest hit areas of the state. Their excuse…your home is too far underwater.
I’m sure TBogg has a perfectly sensible explanation.
We need to start making lists of the lying asshole apparatchiks who need to be fired in the next administration. Even if we can’t get them fired, we can at least stink up any promotion they try to get.
For example, it appears there may be some significant openings at the SEC sooner than I expected.
remind us, when does he usually post. cuz I am already starting to giggle imagining what he will come up with.
Meanwhile Europe is officially in a double dip recession and it’s Business as usual here. Corporations are people my friends, vile, corrupt, contemptible people.
InsertWordSalad[sparkle; pony; Jill Stein]
When I read the title of the post, I had an image in my mind of Cenk Uygur saying, “OF COURSE!!!”
You ARE “the MAN” David. and that “2012 Paul Revere Award” is as good as “on your mantle”, dude.
Them banksters got a good gig!
romney would have done this too, but it would have been much more evil.
God will get those guys, sooner or later.
“Tis easier for a camel to pass through the eye of a needle that for a rich man to enter heaven.”
I’m starting to think God has large holdings in Goldman/Sachs :(
>>
a back door taxpayer bailout & absolution for criminal acts & the ‘fines’ get paid by teachers/state workers and other poorhouse pensioners
…the fruits of choosing an evil (the purported lesser)
got to hand it to those lying Democrats and the folks who believe ‘em
wooo hooo! – the symbiosis between the scum and the pond
What universe do you live in?
Did you ever think that the “Banks” or rich CEO’s would not find a way to be in the advantage position!!
Haha!
Yes, I’m sure. Let’s see, will it be
a) “Romney would have been worse”,
b) “Romney’s campaign was so pathetic! Let’s all be smug and condescending, because Obama is God, and His continued power is just and Holy” or
c) “Stop whining and get a job”?
Seriously, who can even read his shit? The Angry Black Woman makes more sense, ffs.
FYI:
“Hahaha why did you expect that? Yves Smith and David Dayen didn’t, but they are nonetheless hopping mad that it turned out the way they predicted.”