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Thursday, February 9, 2012

United Banks of America

Posted by on Thu, Feb 9, 2012 at 7:44 AM

WSJ:

Government officials have finalized an agreement worth as much as $26 billion with five major banks, capping a yearlong push to settle federal and state probes of alleged foreclosure abuses by lenders.

The deal represents the largest government-industry settlement since a multistate deal with the tobacco industry in 1998.

The government got nearly $250 billion out of the tobacco industry. This settlement with the banking industry, a settlement which David Axelrod calls a "win for millions of American homeowners," a settlement with people whose greed crashed a $14 trillion economy, is (you guessed it) a joke.

Naked Capitalism lists twelve reasons why this deal sucks. Here are four of them:


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.


The banks can't stop winning.

 

Comments (9) RSS

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seandr 1
I don't follow any of the 4 reasons listed here, and it seems to me 1) (higher penalties!) and 2) (we're actually penalizing ourselves!) are contradictory.
Posted by seandr on February 9, 2012 at 8:14 AM
2
Sigh. I've pretty much come to conclusion since 2008 that the only way we're going to stop this from happening all over again, over and over, is something that I doubt will happen: either a country-wide mass-run on the big banks or simply a revolution.

Neither are likely and would create their own problems but both sound more appealing than the dung we are seeing sold as "government regulation." BOTH parties are in the pockets of this industry- so this outcome is as surprising as another anti-gay hate speech from Frothy Rick.
Posted by Aedan Robinson on February 9, 2012 at 8:18 AM
sloegin 3
Sucks because
1. MERS isn't dismantled
2. Fraudsters and fraud conspirators aren't doing time.
Posted by sloegin on February 9, 2012 at 8:26 AM
4
"Here are five of them..." and you list only four, thereby offering a succinct summary of the morgage fiasco.
Posted by TechBear on February 9, 2012 at 8:28 AM
gloomy gus 5
I would like to live in a world where the players involved so far could have been expected to do better. As others have noted, this isn't final, it's just a proposal that will go before a judge. If someone wants to nut up and intervene, that would be cool.
Posted by gloomy gus on February 9, 2012 at 9:01 AM
6
Well, we got f**cked again. Thanks Obama!
Posted by Mugwumpt on February 9, 2012 at 9:05 AM
7
If any one of us were to forge even one mortgage document, what do you suppose would happen to us?

Forgiveness? A $2000 fine? Ha! Not bloody likely.

And then, there's the banks. There's fraud, conspiracy to commit fraud, tax evasion, mortgage registration fee evasion, forgery, hiring people to commit forgery on their behalf. Thousands and tens of thousands and hundreds of thousands of times.

And, Martha Stewart went to jail. For what, exactly?

The mortgage fiasco was bad enough. The foreclosure document fraud fiasco cannot stand! Fuck the settlement. Keep the money. Go directly to jail and fucking stay there. Hundreds of you. Oh, and pay twice the money in fines. Kthxbai.
Posted by Brooklyn Reader on February 9, 2012 at 9:22 AM
Max Solomon 8
Par for the course.

A bird in the hand, etc. At least they got something, anything out of the banks, rather than decades of legal wrangling while the pro-business right wing squeals like stuck pigs through their megaphones, resulting in a still-compromised decision the Roberts court would overturn out of spite.

Corps learned from the tobacco settlement - never settle.
Posted by Max Solomon on February 9, 2012 at 11:14 AM
9
@8 It might be hard to extract money from the corporations, but you can certainly put people in jail for crimes, and there have been a lot of crimes committed, both large and small. So fucking many.

Besides, "Corporations are people, my friends!" So? First, lock up the people. THAT would change the wild-west business ethic in a hurry. Then, after the criminal convictions, it'd be a lot easier to pursue civil damages against the corporations.

Forgery might be a white-collar crime, but it's a jail-time crime. Knowingly presenting a false document to a court, under sworn affidavit, is contempt of court. Jail time without even a trial, on the latter.
Posted by Brooklyn Reader on February 9, 2012 at 8:45 PM

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