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State AGs And Banks Prepare Fraudclosure Settlement, Bailout Number Two For BofA Imminent
CNBC's Diana Olick reports that the investigation into the biggest financial fraud in recent history is about to be shelved: the reason, state AGs are nearing a settlement with banks, which will slap a few wrists, will see banks put some lunch money in a settlement fund, will result in some principal reductions, and everything will be well again, as banker bonuses surpass 2009 levels (as noted previously). Retroactively in perpetuity. In other news, state sponsored fraud in America is alive and well.
Update: don't spend that bonus money on the January edition Perfect 10s just yet. In what seems to be a day of relentless newsflow, we have just learned via Charlie Gasparino and Fox Biz, that Phil Angelides is launching his own probe into the mortgage market. Then again, all this means is that BofA will need to spend a few million extra dollars to bribe the key people in this latest development, and then everything shall be well again.
Add Phil Angelides to the growing list of regulators investigating whether banks committed fraud in the $6.4 trillion mortgage-bond market, the FOX Business Network has learned.
The Financial Crisis Inquiry Commission, which Angelides chairs, has begun investigating whether mortgages packaged into bonds and now held by investors including government agencies like Fannie Mae and Freddie Mac were done so improperly, thus calling into question the legality of trillions of dollars of debt, according to people with direct knowledge of the matter.
The inner workings of the mortgage-backed securities market have come under intense scrutiny in recent months following revelations that big banks may have committed fraud by hiring so-called robo-signers to approve foreclosure applications on tens of thousands of mortgages. At issue: Whether the robo-signers properly approved foreclosures and whether people forced from their homes received due process.
The latest twist in the robo-signer controversy involves whether improper foreclosures and banks failing to follow proper legal procedures will call into question the mortgage bonds themselves. Many of the foreclosed mortgages aren’t held by banks, but have been placed in bonds held by investors. The money thus is returned to an investor holding the bond.
But if the foreclosure has been done by a robo-signer, or if the banks creating the bond did so improperly, as a recent congressional study suggested, then the bonds themselves could be declared illegal. That could pose big problems for the banks that created the mortgages and sold the bonds, like Bank of America (BAC: 11.94 ,-0.16 ,-1.32%) and JPMorgan (JPM: 39.58 ,-0.47 ,-1.17%) because it would allow investors to “put”, or force the banks to buy back, the underlying mortgages.
And here is Diana Olick's disclosure:
While sources say there is no universal solution to shoddy foreclosure practices at some of the nation's largest mortgage banks/servicers, the three largest, BofA, JPM and Wells Fargo, may be agreeing to the same solution.
First, banks would pay into a fund used to compensate borrowers who have claims after their home has been sold in foreclosure. The borrowers would have to prove they were wronged in the process, and the attorney's general would allocate the funds. In other words, the AGs would be the administrators. The amount of said fund is still undetermined, and likely still in negotiation. Each bank could settle on its own amount, or there could be a joint agreement.
Secondly, the banks would do away with the dual track of modifications and foreclosures. That means that only after all options of modification are exhausted can a bank begin foreclosure proceedings. Many borrowers currently complain that they are in the midst of the modification process when they get a notice of foreclosure sale. The drawback to eliminating the dual track is even greater extended timelines to foreclosure for borrowers. As it is, borrowers on average can be in their homes for a year and a half without making mortgage payments before eviction.
Finally, there would be some kind of agreement to third party mediation for review of all the cases in the first part of the agreement where borrowers are seeking compensation from the AG fund.
There has also been talk of principal write down as part of settlements, perhaps with some banks and not others. "It's been on the table," says one source.
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If the criminals won't prosecute the criminals, then the citizens will have to.
Otherwise known as a "hot lead injection".
All the govt. and the states are doing is delaying the inevitable, pure and simple. By doing this it still doesn't stop foreclosures (showing the fraud would have), it still won't stop the backlog in homes and shadow inventory, people will still be in the same boat as they where when this came out last month. The only difference is that the banks with the help of the govt. got off with a slap on the wrist and saved again. It's sure amazing how at the drop of a hat banks and corporations and the like can get whatever they want, but with the US consumer we have to keep living in perpetual debt slavery and lower standard of living year after year.
We are a third world with a first world facade.
olick fails to mention her source is moynadouche(ceo, BOA).
buhahaha one day and an agreement? WON'T HAPPEN
if it does then i will stop paying my mortgage NOW
Don't count on these state AG's too soon. Remember we just had an election where the
banksters GOP sponsers pulled off massive victories. In Florida, the judges are now the robo-
signers for the banks.
It is no coincidence that the 'major target' of the banks and their sponsors is Fannie & Freddie.
What has been going on is a "real-estate laundering" scheme. People are familiar with money
laundering, which accounts for much of the billions in drug cartel money being funneled into
the legitimate banking industry, but in real-estate laundering Fannie & Freddie act as the
middle-man and hold the morgages while the banks are 'capitalized' at 100% of the declared
value. That is why the idea of 'put-backs' are shaking the financial markets.
The 'bundled' mortgage securities now have to be unbundled and adjudicated, which was not
part of the original plan. The banks 'knew' that those mortgage securities were phoney and that's why they rushed to get the "occupiers" out of their homes. For the most part those mortgages, which where 'fraudulently' written under acceptable lending guidelines
, constituted ARM's and those with 'interest-only' or balloon payments. Those properties were mostly foreclosed on at the beginning of the meltdown, where both lender and purchaser were agreed that the mortgage payments were unsustainable. In late 2007 and 2008 most of 'those' properties were resolved in favor of the lender, leaving the properties mostly unoccupied, yet remained on the books at full value. The problem is that these 'non-performing' assets were 'bundled' with properties that were marginal or performing adequately. Since they were part of the 'bundle' residing "on the books" of Fannie & Freddie, ownership had to be re-established and 're-securitized'. Complicated certifications were never envisioned for the return of these "assets" to the bank ledgers. The "occupiers", whatever their position, needed to relinquish their position so that ownership of the entire bundle could be established. In fact, many 'performing' mortgages were also foreclosed by unscrupulous fees and penalties, which were designed to discourage the "occupiers" from remaining in the property.
For all his words and futile attempts to save these 'marginal mortgages' with government remedies, President Obama 'knew' that any real attempt to save these homeowners would further destabilize the banks. An outcome that would have totally reversed any progress towards stability obtained by the TARP. Therefor, the President of the United States agreed to allow the banks to proceed with foreclosure of these marginal properties rather than expose the banks. Acceptable casualties in the war to save the American economy.
If you believe none of what I have explained above, and consider that you know better, consider this one calculation;
WHAT WOULD HAVE BEEN THE RESULT OF ANY OF THIS WITHOUT "BANKRUPTCY REFORM"?(I don't believe in conspiracy theories either!)
++ explain the BK reform. tie it in...
good read!
why so cynical? this is all goods work!
well, this is all god's work...
I am moving to Canada.
5. Ignore it until the injured parties retain legal counsel that will permanently harm the reputation of certain public servants.
I've changed my mind on this CNBC story. Looks like bank-propaganda. They're all denying it and the Ohio AG is pushing the local court hard against the bank.
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U S A- Unendingly Selfserving Arseholes, Useless Self-centred Analyists, Use Some Anger
Use Some Anger