COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary
Organized crime is now mainstream and the godfathers are sitting in executive offices atop high billion dollar buildings giving out instructions to their paid servants to serve no other purpose than to give the appearance of a government that is governing. WHAT ARE YOU GOING TO DO ABOUT IT? Will you sit in your home or store afraid of the next visit from the bag man? Or will you take action and stop him any way we can? — Neil Garfield
3 Banks Warn of Big Penalties in Mortgage Inquiries
ACKNOWLEDGE FORCED PRINCIPAL REDUCTIONS LIKELY
By NELSON D. SCHWARTZ and ERIC DASH
A quick perusal through LEXUS/NEXUS, the principal search engine in legal research will reveal that individual cases of such blatant fraud and damages to a consumer results in jail, revocation of charter, discipline, damages, fines and other sanctions. I can’t help thinking of the quote (I think it is from Stalin) that if you kill one man it is murder, but if you kill ten million you are a statesman.
There was a time when people like Bernie Ebbers of Worldcom and Enron officers were given long prison sentences. Even in the Madoff case a receiver was appointed to get as much money back as possible and distribute it to legitimate victims with claims stemming from losses proximately resulting from outright fraud. But in the case of the theft of some 14 trillion dollars from homeowners, state and local governments, the defrauding of the U.S. taxpayer of another 9 trillion dollars, and the financial terrorist attack on the U.S. and world economy, lighting fires around the world of chaos, death and destruction, what do we have? NOTHING.
The fact that the U.S. government has a huge deficit directly stemming from non-existent losses claimed by the banks, state and local governments are drowning in debt, investors around the world lost significant amounts of their portfolio thus reducing the capacity to operate their pension funds, government or business, and that homeowners who had homes with no mortgages or with small loans that could easily be paid and now find themselves buried under a mountain of fictitious debt SHOULD result in obvious actions and results in court, legislatures and the executive branch for law enforcement.
The inescapable fact that our recession was caused by this fraud doesn’t seem to matter either. What matters is not the victims of the fraud but the health of the perpetrators. Gulliver would have no trouble describing this, but our media seems not to have read of his travels and seems not to get or be willing to express the outrageous position we are sustaining by our inaction. We have a government within a government. The real government is the circle of mega banks and big business that call the shots and the fake government is the one we think we elected.
Any single act isolated from the millions of similar transactions would land the perpetrator in jail and return of the money and property to the victims. But somehow the sheer size of this PONZI scheme that is hundreds of times larger than the Madoff scheme, puts it in a class by itself. There is only one explanation for the lack of prosecution of these banks and their officials — the people in charge are the perpetrators not the enforcers. We live in an era that mimics the days of the mob when organized crime was principally whiskey, drugs, sex and murder.
Organized crime is now mainstream and the godfathers are sitting in executive offices atop high billion dollar buildings giving out instructions to their paid servants to serve no other purpose than to give the appearance of a government that is governing. WHAT ARE YOU GOING TO DO ABOUT IT? Will you sit in your home or store afraid of the next visit from the bag man? Or will you take action and stop him any way we can?
Several big banks warned investors on Friday that they could face sizable financial penalties as a result of state and federal investigations into abusive mortgage practices.
The disclosures by Bank of America, Wells Fargo and Citigroup came after a furor late last year over how foreclosures were being conducted.
Until now, the banks have emphasized that the foreclosure controversy was mostly a threat to their reputation, rather than a financial worry. But the disclosures, made in the banks’ annual financial filings with the Securities and Exchange Commission, suggest that a settlement with the government may affect both.
State attorneys general and federal regulators began examining the servicers’ practices last fall after reports that some foreclosures were being pursued despite lost or missing documents. In other cases, employees had signed off on thousands of pages of paperwork a month, after only a cursory look.
In some cases, banks mistakenly pursued homeowners who should not have been threatened with foreclosure, while other mortgage holders reported it to be nearly impossible to reach anyone at the banks to discuss their situation.
The review also includes more basic practices, including scrutiny of whether the original loans were made properly and whether modifications of existing home loans have been done fairly.
“The current environment of heightened regulatory scrutiny has the potential to subject the corporation to inquiries or investigations that could significantly adversely affect its reputation,” Bank of America said in the filing.
The state and federal inquiries “could result in material fines, penalties, equitable remedies (including requiring default servicing or other process changes), or other enforcement actions, and result in significant legal costs,” Bank of America said.
Wells Fargo said in its filing that it was “likely that one or more of the government agencies will initiate some type of enforcement action,” including possible “civil money penalties.”
Citigroup acknowledged that federal and state regulators were investigating its foreclosure processes, which could result in increased expenses, fines and other legal remedies like a program to reduce the principal amount owed on some loans. While Citigroup has determined that “the integrity of its current foreclosure process is sound and there are no systemic issues,” it warned that it could be adversely affected by industrywide regulatory or judicial action.
Since last fall, a task force of federal bank regulators has been reviewing the foreclosure practices and internal controls of the 14 largest mortgage servicers. The examination has already identified a range of sloppy practices at all the servicers, including inadequate staffing, lax oversight of outside law firms and other vendors hired to assist with the foreclosure process, and errors with documentation.
In testimony before a Senate banking committee last week, John Walsh, the acting comptroller of the currency, which oversees national banks, said his agency and other federal regulators had ordered the servicers to take corrective actions.
The banks have not yet received any formal proposals from either the attorneys general or the regulators. But a proposed settlement is expected to be ironed out in the coming weeks and then presented to the banks.
The banks are eager to put the foreclosure controversy behind them. Earlier this month, Bank of America’s chief executive, Brian T. Moynihan, said the bank was creating a special unit to hold billions of dollars in defaulted mortgages and other toxic debt.
Despite reports in recent days that a global settlement of the mortgage accusations was being floated by the Obama administration, for $20 billion or more, some bank officials and regulators expressed skepticism Friday that the eventual hit to the banks will be that high.
Indeed, many regulators in Washington are wary of too punitive a settlement for fear of hobbling their recovery just as they are turning around. Memories of the financial crisis in the fall of 2008 and the subsequent federal bailout are still vivid.
Still, even if any settlement with regulators and the attorneys general does not run into the tens of billions, the financial consequences of the housing boom and subsequent bust will haunt the banks for years. Private investors are seeking to force financial institutions to buy back tens of billions of dollars’ worth of mortgages in default, arguing the original loans were made improperly.
Over the last year, the biggest banks have set aside several billion dollars each to cover potential claims stemming both from the foreclosure mess and lawsuits by private investors holding soured mortgages.
On Friday, Elijah E. Cummings, a Maryland Democrat who is a member of the House Committee on Oversight and Government Reform, requested information from 11 mortgage servicers and foreclosure specialists as part of a separate Congressional investigation. He also requested special reviews of servicer abuse claims, as well as the actions of law firms specializing in foreclosures. A hearing is scheduled for March 8 in Baltimore.
Ben Protess contributed reporting.


