Massive Wave Of Lawsuits To Be Filed By The US Against America's Biggest Banks As Soon As Tomorrow

Tyler Durden's picture

In a move that could either send BAC stock limit down overnight or send it soaring (we are still trying to figure out just what is going on here), the NYT has broken major news that the US is preparing to go nuclear on more than a dozen big banks among which Bank of America, JPMorgan Chase, Goldman Sachs and Deutsche Bank, in an attempt for Fannie and Freddie to recoup $30 billion if not much more. The lawsuit is expected to hit the docket in the next few days: "The suits stem from subpoenas the finance agency issued to banks a year ago. If the case is not filed Friday, they said, it will come Tuesday, shortly before a deadline expires for the housing agency to file claims." Now, taken at face value, this would mean that Bank of America can kiss its ass goodbye as unlike the Walnut Place litigation, this will take place in Federal Court where Article 77 is not applicable. Yet there is something that gives us pause: namely logic, captured by the following words: "While I believe that F.H.F.A. is acting responsibly in its role as conservator, I am afraid that we risk pushing these guys off of a cliff and we’re going to have to bail out the banks again,” said Tim Rood, who worked at Fannie Mae until 2006 and is now a partner at the Collingwood Group, which advises banks and servicers on housing-related issues." In other words: if the banks are sued, and if justice prevails, the end of the world is nigh and cue TARP 2 - XXX. Now where have we heard that argument over, and over, and over before.

From the NYT:

The suits will argue the banks, which assembled the mortgages and marketed them as securities to investors, failed to perform the due diligence required under securities law and missed evidence that borrowers’ incomes were inflated or falsified. When many borrowers were unable to pay their mortgages, the securities backed by the mortgages quickly lost value.


Fannie and Freddie lost more than $30 billion, in part as a result of the deals, losses that were borne mostly by taxpayers.


In July, the agency filed suit against UBS, another major mortgage securitizer, seeking to recover at least $900 million, and the individuals with knowledge of the case said the new litigation would be similar in scope.


Private holders of mortgage securities are already trying to force the big banks to buy back tens of billions in soured mortgage-backed bonds, but this federal effort is a new chapter in a huge legal fight that has alarmed investors in bank shares. In this case, rather than demanding that the banks buy back the original loans, the finance agency is seeking reimbursement for losses on the securities held by Fannie and Freddie.

The prestory is by now known by everyone:

Besides the angry investors, 50 state attorneys general are in the final stages of negotiating a settlement to address abuses by the largest mortgage servicers, including Bank of America, JPMorgan and Citigroup. The attorneys general, as well as federal officials, are pressing the banks to pay at least $20 billion in that case, with much of the money earmarked to reduce mortgages of homeowners facing foreclosure.


And last month, the insurance giant American International Group filed a $10 billion suit against Bank of America, accusing the bank and its Countrywide Financial and Merrill Lynch units of misrepresenting the quality of mortgages that backed the securities A.I.G. bought.


Bank of America, Goldman Sachs and JPMorgan all declined to comment. Frank Kelly, a spokesman for Deutsche Bank, said, “We can’t comment on a suit that we haven’t seen and hasn’t been filed yet.”

The response? Why Paulson-esque Mutual Assured Destruction:

But privately, financial service industry executives argue that the losses on the mortgage-backed securities were caused by a broader downturn in the economy and the housing market, not by how the mortgages were originated or packaged into securities. In addition, they contend that investors like A.I.G. as well as Fannie and Freddie were sophisticated and knew the securities were not without risk.


Investors fear that if banks are forced to pay out billions of dollars for mortgages that later defaulted, it could sap earnings for years and contribute to further losses across the financial services industry, which has only recently regained its footing.

The total litigation amount will not be in the trillions... but will certainly be in the tens if not hundreds of billions.

While the banks put together tens of billions of dollars in mortgage securities backed by risky loans, the Federal Housing Finance Agency is not seeking the total amount in compensation because some of the mortgages are still good and the investments still carry some value. In the UBS suit, the agency said it owned $4.5 billion worth of mortgages, with losses totaling $900 million. Negotiations between the agency and UBS have yielded little progress.

Bottom line: the gloves are coming off, and while we want to believe that this is the final nail in BAC's coffin (Quinn Emanuel is counsel for the FHFA), we do have a nagging feeling that the US will not purposefully do everything in its power to destroy its banking sector.

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.
MarketTruth's picture

It must be a distraction as so far i have seen virtually NOT A SINGLE BANKSTER IN HANDCUFFS. Talk and filing lawsuits is relatively cheap, like Obama jabber-jawing to infinity, yet ACTUAL PROSECUTION WITH BIG FINES AND HANDCUFFS HAS BEEN A NO-SHOW.

mayhem_korner's picture

Doubtful.  I am more inclined to think this is misdirection for other "goings on."

Cistercian's picture

 Like the latest upcoming nuclear false flag?

  Or to forestall the increasingly inevitable revolution, complete with executions?

Gotterdammerung's picture

Actually,…… they are just trying to help the country understand that Obama speaking about the jobs,… the jobs we don't have, will never have again,.on the openeing night of the NFL wont be the worst thing to happen to the country next week!

"If you haven't prepared for the upcoming crisis,... now might be a good time to exit your home, run down the street pulling the hair from your head, and screaming,…  but,…but he promised it was going to be different this time,... he prrroommmmissssseeedddddd!

gmj's picture

We will get those jobs back when the cost of a unit of productivity in the US reaches parity with the global market.  Sadly, this means the end of the US middle class hyperconsumptive lifestyle.

sun tzu's picture

Also the end of running water, electricity and other things most of the world lives without

john39's picture

something to blame the crash on...   or, something to finally trigger the crash.

DeadFred's picture

Bernanke does need cover for more QE, but to hurt the banks so you can help the banks???

Bananamerican's picture

kinda makes you think ....

MachoMan's picture

Didn't the fed drain liquidity just prior to the 08' plunge?

Bananamerican's picture


....and how many times must these sacred cycles, of bailout and censure, play out?

According to Hindu cosmology, the sacred bailout cycle is one full day (day and night) for Brahma. The lifetime of a Brahma himself may be 311 trillion and 40 Billion years. The cycles are said to repeat like the seasons, waxing and waning within a greater time-cycle of the creation and destruction of the universe. 

So are the holy receptacles of the amerikan people's money like unto the lotus of Vishnu, he of 1000 names....


I did it by Occident's picture

"In order to save the village, we need to destroy it"

Where have I heard that before...hmm?

Freddie's picture

Loot the banks...again.  Fannie and Freddie plus hussein's gang and the bernake are the evil ones.  The banks are just being looted by them for their allies and cronies.

Slartebartfast's picture

Willing to bet Barry and CONgress are sitting on their hands and watching this from the sidelines just like an episode of The Muppets.  

It's either a standard "roundup the usual suspects", farce; or the rumors of an ongoing war amongst the Oligarchs may be boiling to the surface of reality.  Can only wait and see how things shake out.  It was certainly timed to kick off this fall, just like a number of bloggers have been predicting all summer.

RmcAZ's picture

This can only mean one thing... TARP 2, QE3^9, ARRA 2, etc. This is pretty standard... make it look like the government is going to do something right, and then turn around and bail everyone out.

Either way, going long FAZ.

Cdad's picture

I can feel it.  I can feel it.  Stop Dave.  Dave stop.

tickhound's picture

Dave's not here, man.

LongBalls's picture

Come on guys....wipe the shit off your goggles. This is a psy-op. Obama is floundering in the polls because he is focused on job creation like a lazer (sarcasm intended). He looks like a hero to the sheeple (but offers no substance to the systemic probs) and the damn banks get more free cash due to liquidity stress. They are loosing the info war. This attempts to tackle both issues.

Study French Revolution history you scum sucking traitors. We are coming for you.

scatterbrains's picture

and do they drop all charges/fines after the election victory kinda thing ?

Popo's picture

I detect a hand-slap coming...


There will be no major penalties for the annointed ones.

agrotera's picture

i saw obummy wearing his special bat man costume,  i thiink he wants to be thought of as gotham city's herio, i think i would have  been better as skoobiedo

zebra's picture

it is impossible... government is acting normally?


zebra's picture

it is impossible... government is acting normally?


Michael's picture

Barry and the Shit Bags need to raise money to pay for big bloated government anywhere they can get it at this point.

Chapter 7 banks don't need to be bailed out, they need to be liquidated.

chunga's picture

More political grandstanding? Yeah...probably. Who cares. If it motivates more individuals to delve into the grime in their own personal RMBS home (and act/sue accordingly) that's great. Death by millions of cuts.

These fucking lousy bankers are squatting in their ivory towers. Kick their asses out.

max2205's picture

Sure makes cents. Sue them then TARP it back. Rinse repeat

TheFourthStooge-ing's picture

I'd much prefer pushing them off a cliff, dragging their carcasses back to the top, and then pushing them off again. No rinse, but repeat as necessary.


Larry Darrell's picture


The reality is, fuck the money.  I'd just like the criminals to be properly executed.

j0nx's picture

Oh and btw Tim Rood: FUCK YOU, you cocksucker.

GottaBKiddn's picture


Long, rope and pitchforks.

Stoploss's picture

Boiled rope. If you don't boil the rope first, you risk a rats nest snag from the fibers, and also sparks (possibly fire) from the friction. Boiling the rope heat shrinks the fibers back into the twist, and brings the wax deposits to the surface, creating a very smooth and lubricated rope surface. Boiled rope is also very stiff after treatment. Same as a lasso.

Also long boiled rope, pitchforks, and other implements.

Id fight Gandhi's picture

You've put a scary amount of thought into this haven't you.

TheFourthStooge-ing's picture

You've put a scary amount of thought into this haven't you.

"Chance favors the prepared mind." - Louis Pasteur


iDealMeat's picture

meh..  probably a proficient mariner. Rope burns are a f'n bitch.. Scuffs up your boat too..

NZ Watcher's picture


Now I understand why I stuffed it up every time

Hapte's picture

More like an appropriate amount of thought...

101 years and counting's picture

Remember this line to Rick Perry: "i'm from Bank of America.  We'll help you".  I'm guessing o saw it and wasn't very happy.  he's hitting back.

john39's picture

obummer is not even a glorified puppet. and both parties are totally owned. no way any of this happens without the banker cabal issuing the order.  so lets see what they really are up to.

PaperBugsBurn's picture

i think we are about to find out what Jennings meant by about being nailed on a cross of gold and it is the banksters (some of them, including the most powerful ones from outside the US) managing the transition.

anonnn's picture

Wm J Bryan:

 ""Having behind us the producing masses of this nation and the world, supported by the commercial interests, the laboring interests and the toilers everywhere, we will answer their demand for a gold standard by saying to them: You shall not press down upon the brow of labor this crown of thorns, you shall not crucify mankind upon a cross of gold."

I did it by Occident's picture

Maybe a Leveraged Buyout via private equity "partners", but need to decimate the stock prices first.  and if taken private they won't have to answer to the SEC anymore.  Then the fun can really begin...

gmj's picture

This is incomprehensible.  In my world view, the federal government is a rubber stamp for the Wall Street banks.  Look at the personnel revolving door between them.  I have no idea what to think of this.  Maybe the feds will take a few CEO scalps and somehow leave the banks relatively unscathed.  But then why did they let Tangelo Mozilo off with a slap on the wrist?  I'm amazed they are doing anything, since the sheeple have no awareness of the MBS issues.  Maybe this is a way of imposing haircuts on the TBTFs, and helping to fund mortgage relief.  I wonder if the political interpretation is correct.  This could stir the GOP up like a hornet's nest.  They would be forced to reveal their true masters just before the election.  The problem is that the Democrats serve the same masters.  Maybe the Dems and the GOP got together and decided to do a purge and accept the heat before the next TBTF hits the fan.  The problem with that is that DC is completely polarized to the point of national paralysis.  Aargh.

Popo's picture

All they really need to do is use this to reinstate Glass Steagall.


...And wipe out the shareholders of the banks.


...And clawback bonuses earned by banking executives, which were based upon fraudulently generated profits.



TheFourthStooge-ing's picture

All they really need to do is use this to reinstate Glass Steagall.

...And wipe out the shareholders of the banks.

...And clawback bonuses earned by banking executives, which were based upon fraudulently generated profits.

...and torch the fucking Hamptons.