You can read about this here, here, here and here.
First of all, let me say this; this issue here, above all of the others, is why I packed it in with the Democratic Party. On top of all of the class warfare, class resentment, racial resentment and everything else; was the realization that I made, that the Democratic Party, starting in 1973 and again in 1993 literally rigged the system to fail. This was by loosing credit restrictions to allow people, who had no business even getting loans, to get credit so easily.
Then once the system failed, the Government, started by George W. Bush in 2008 with tarp loans and the bailing out banks that were “Too big to fail.” Not to mention the fact that the Republicans ripped out regulations that made the whole thing like one million percent worse and when the Republican Congress received a warning that the whole thing was going to collapse, what did they do? They held a hearing and the CEO of Freddy and Fannie played the RACE CARD, they retreated! 😡 I won’t even get into the stupidity of the Federal Reserve, which really made some seriously idiotic mistakes.
Then instead of Obama being smart and saying, “We’re not picking favorites, we are going to allow the market to correct itself.” Instead, he continued the bailouts and even spent more on top of that. Not the mention his attempt to destroy our private healthcare system.
Anyhow, this settlement is not perfect; in fact, it stinks and someone has given a bullet-point list as to why.
This is via Naked Capitalism:
Here are the top twelve reasons why this deal stinks:
1. We’ve now set a price for forgeries and fabricating documents. It’s $2000 per loan. This is a rounding error compared to the chain of title problem these systematic practices were designed to circumvent. The cost is also trivial in comparison to the average loan, which is roughly $180k, so the settlement represents about 1% of loan balances. It is less than the price of the title insurance that banks failed to get when they transferred the loans to the trust. It is a fraction of the cost of the legal expenses when foreclosures are challenged. It’s a great deal for the banks because no one is at any of the servicers going to jail for forgery and the banks have set the upper bound of the cost of riding roughshod over 300 years of real estate law.
2. That $26 billion is actually $5 billion of bank money and the rest is your money. The mortgage principal writedowns are guaranteed to come almost entirely from securitized loans, which means from investors, which in turn means taxpayers via Fannie and Freddie, pension funds, insurers, and 401 (k)s. Refis of performing loans also reduce income to those very same investors.
3. That $5 billion divided among the big banks wouldn’t even represent a significant quarterly hit. Freddie and Fannie putbacks to the major banks have been running at that level each quarter.
4. That $20 billion actually makes bank second liens sounder, so this deal is a stealth bailout that strengthens bank balance sheets at the expense of the broader public.
5. The enforcement is a joke. The first layer of supervision is the banks reporting on themselves. The framework is similar to that of the OCC consent decrees implemented last year, which Adam Levitin and yours truly, among others, decried as regulatory theater.
6. The past history of servicer consent decrees shows the servicers all fail to comply. Why? Servicer records and systems are terrible in the best of times, and their systems and fee structures aren’t set up to handle much in the way of delinquencies. As Tom Adams has pointed out in earlier posts, servicer behavior is predictable when their portfolios are hit with a high level of delinquencies and defaults: they cheat in all sorts of ways to reduce their losses.
7. The cave-in Nevada and Arizona on the Countrywide settlement suit is a special gift for Bank of America, who is by far the worst offender in the chain of title disaster (since, according to sworn testimony of its own employee in Kemp v. Countrywide, Countrywide failed to comply with trust delivery requirements). This move proves that failing to comply with a consent degree has no consequences but will merely be rolled into a new consent degree which will also fail to be enforced. These cases also alleged HAMP violations as consumer fraud violations and could have gotten costly and emboldened other states to file similar suits not just against Countrywide but other servicers, so it was useful to the other banks as well.
8. If the new Federal task force were intended to be serious, this deal would have not have been settled. You never settle before investigating. It’s a bad idea to settle obvious, widespread wrongdoing on the cheap. You use the stuff that is easy to prove to gather information and secure cooperation on the stuff that is harder to prove. In Missouri and Nevada, the robosigning investigation led to criminal charges against agents of the servicers. But even though these companies were acting at the express direction and approval of the services, no individuals or entities higher up the food chain will face any sort of meaningful charges.
9. There is plenty of evidence of widespread abuses that appear not to be on the attorney generals’ or media’s radar, such as servicer driven foreclosures and looting of investors’ funds via impermissible and inflated charges. While no serious probe was undertaken, even the limited or peripheral investigations show massive failures (60% of documents had errors in AGs/Fed’s pathetically small sample). Similarly, the US Trustee’s office found widespread evidence of significant servicer errors in bankruptcy-related filings, such as inflated and bogus fees, and even substantial, completely made up charges. Yet the services and banks will suffer no real consequences for these abuses.
10. A deal on robosiginging serves to cover up the much deeper chain of title problem. And don’t get too excited about the New York, Massachusetts, and Delaware MERS suits. They put pressure on banks to clean up this monstrous mess only if the AGs go through to trial and get tough penalties. The banks will want to settle their way out of that too. And even if these cases do go to trial and produce significant victories for the AGs, they still do not address the problem of failures to transfer notes correctly.
11. Don’t bet on a deus ex machina in terms of the new Federal foreclosure task force to improve this picture much. If you think Schneiderman, as a co-chairman who already has a full time day job in New York, is going to outfox a bunch of DC insiders who are part of the problem, I have a bridge I’d like to sell to you.
12. We’ll now have to listen to banks and their sycophant defenders declaring victory despite being wrong on the law and the facts. They will proceed to marginalize and write off criticisms of the servicing practices that hurt homeowners and investors and are devastating communities. But the problems will fester and the housing market will continue to suffer. Investors in mortgage-backed securities, who know that services have been screwing them for years, will be hung out to dry and will likely never return to a private MBS market, since the problems won’t ever be fixed. This settlement has not only revealed the residential mortgage market to be too big to fail, but puts it on long term, perhaps permanent, government life support.
As we’ve said before, this settlement is yet another raw demonstration of who wields power in America, and it isn’t you and me. It’s bad enough to see these negotiations come to their predictable, sorry outcome. It adds insult to injury to see some try to depict it as a win for long suffering, still abused homeowners.
I have zero to add to this. The only thing I will ask is, who’s paying for all of this? Answer: You and Me — in Taxes. 😡
This is why we need a new political Party to get in there and fix this asinine morass.
Others: (All Liberals BTW…) American Prospect, Washington Post, US Politics, FT Alphaville, ourfuture.org/blogs_chrono/*, Wall Street Journal, Time, The Huffington Post, Swampland, ThinkProgress, Prairie Weather, Firedoglake, Business Insider, Financial Times and Discourse.net, ThinkProgress, The Huffington Post, Washington Monthly, Washington Post, Firedoglake, Rolling Stone, The Big Picture, Business Insider, Hit & Run, The Democratic Daily, Zandar Versus The Stupid, Feministing, ourfuture.org/blogs_chrono/*, No More Mister Nice Blog, Blog of New Orleans, Gambit, emptywheel, The Political Carnival, DealBook, The Page, Booman Tribune and Wall Street Journal, ProPublica, FORECLOSURE FRAUD, Business Insider and Calculated Risk, Washington Post, Daily Kos and Firedoglake, The Atlantic Online
