While most media outlets last week were focused on the death of Whitney Houston (to one of the greatest voices of our lifetime – RIP Whitney) the other major news piece (or not) of the week was the fact FIVE big banks finally reached a deal with government authorities over their dubious mortgage practices and foreclosure abuses during the past housing bubble.
After months of talks, Ally Financial, Bank of America, Citibank, JPMorgan Chase and Wells Fargo agreed to pay a total of $26 billion in cash to try to remedy this fiasco.
As with everything out of Washington, the devil is in the details.
Marty Robbins of the Huffington post states “If the ‘settlement’ involving mortgage foreclosure practices is supposed to be good news for the country, I must have missed something. To me this is economically detrimental, manifestly unfair to those who did not take on unaffordable mortgages, and a thinly disguised attempt to buy votes (with banks’ money) for incumbent politicians.
The unfairness seems quite evident. Those who were never subject to foreclosure because they never had a mortgage or met their obligations, get virtually nothing in return for their prudence. Those who were improperly foreclosed on will only get a combined $1.5 billion. It has been estimated this nets out to less than $2,000 a person.
So if the people who did the right thing aren’t benefitting, who is?
- Virtually all of the benefits go to those who failed to meet their contractual loan obligations.
- States, which took the lead in negotiating the deal, got a tidy bundle. The settlement says the attorneys general may distribute the money to foreclosure relief and housing programs, such as counseling, legal assistance and mediation initiatives. But, like in the 1998 tobacco settlement that was supposed to fund health programs, states have some leeway in how they use the money. Some states are using the funds to plug big holes in their budgets
- The politicalwire states “We’re sure to hear a lot about this in coming years as these attorneys general run for higher offices. ‘I fought the big banks and got you a check’ will be a powerful message to voters, whether you’re conservative Virginia Attorney General Ken Cuccinelli, who’s running for governor, or California Attorney General Kamala Harris, a Democrat pegged for bigger things.”
- Worst of all the settlement eliminates all or almost all liability for the banks and, most importantly, all bank officers and employees in exchange for a loan forgiveness or modification program. Think about this: the banks engaged in years of what can only be described as fraudulent if not criminal conduct that would put anyone else in prison for years if not decades, yet banks get to buy their way out with some money to help just a few of the victims they created. Additionally, there is no requirement in that I’m aware of that require the banks to come clean, publicly release all the relevant documents and provide sufficient information on their conduct so that anyone can evaluate whether the sell-out, I mean, pay-off, oops, I mean, “settlement” is anywhere near adequate. This is just, a slap on the wrist where a severe taken to the woodshed beating (or conviction and jail time) is appropriate.
If you are like me, you should be angry as hell but make sure your anger is directed at the right people. The bank regulators in Washington should have been cracking down on banks that were routinely evicting people despite incomplete documentation. It’s the U.S. Justice Department and other federal agencies that should have gone after the banks when they were caught fabricating legal papers and routinely “robo-signing” thousands of affidavits at a sitting




