C&L Opening Bell: How screwed are American homeowners?
So why are American homeowners extrimmensaordinarily screwed? Well first, there's this:
Bank of America Corp. (BAC), the biggest U.S. lender by assets, is segregating almost half its 13.9 million mortgages into a “bad” bank comprised of its riskiest and worst-performing “legacy” loans, said Terry Laughlin, who is running the new unit. [...]
The legacy portfolio will hold 6.7 million of loans with outstanding principal balance of about $1 trillion, according to a presentation to investors today. The split leaves home loan President Barbara Desoer with about half her previous portfolio, as well as new lending going forward.
Laughlin’s portfolio will include loans that are currently 60 or more days delinquent as well as riskier types of loans the bank no longer originates, such as subprime, Alt-A, interest- only and option adjustable-rate mortgages, he said. He said the portfolios will be completely split by March 31 and that his will be liquidated over time. Of the 13.9 million loans Bank of America services, about 3.5 million are held by the company on its balance sheet. The rest are owned by other investors.
You got that? Literally half of BofA's mortgages are garbage that the company wants to sweep under the rug. Here's the punchline:
“It’s a way to get investors focus on the good,” said Paul Miller, a former examiner with the Federal Reserve Bank of Philadelphia and analyst at FBR Capital Markets in Arlington, Virginia. “It’s a way to talk about good things and ignore the bad.”
I'm not sure how declaring that nearly 7 million of your mortgages are worthless pieces of trash gets anyone to focus on the positive, but hey, whatever gets you through the night and so forth.
Meanwhile, America's attorneys general have released their proposed settlement terms with the banks over their widespread use of fraudulent practices during thousands of foreclosure cases across the country. Needless to say, the proposal is underwhelming. Felix Salmon breaks it down thusly:
For those who can wade through it, however, it really is a code of best practices for servicers and it’s sorely needed. There’s much to love here, but it all basically comes down to the golden rule: treat your borrowers with honesty and humanity and common sense and you’ll be fine. Do servicers really need to be told that if they make more money from a loan mod than from a foreclosure, they should do the loan mod? Or that “sworn statements shall not contain information that is false”? Evidently, yes, they do. [...]
[T]he big question here isn’t whether the settlement is reasonable — yes, it’s entirely reasonable. Instead, we should ask what the penalties for non-compliance are, since just about every servicer will be non-compliant for the foreseeable future.
Those penalties come at the end of the document and they’re extremely vague: there’s talk of “monetary penalties and additional remedial actions”, but there’s also talk of “failure to meet timelines”, which implies that much of this stuff could be pushed off far into the future and of “a special master or referee to resolve violations”, with no indication of how such a person might be chosen.
This is pretty much what I've come to expect from the American government when confronted with a case of widespread, systematic fraud committed by the financial services industry: Issue a bunch of vaguely-worded guidelines, lightly chide the banks for their ever-so-naughty behavior and make murky declarations that maybe in the future someone will be held accountable for defrauding people, but not right now.
Stephanie at FedUpUSA drops her jaw at the fact that part of the AGs' "settlement" mandates that banks promise to, you know, obey laws that apply to just about everyone else:
The entire document is a rehash of what servicers had a legal mandate to do right up front. Accurately apply payments. Respond to inquiries. Operate in good faith. Use a NPV test for HAMP (was in the HAMP program originally.) Document the assignment chain before foreclosing.
There’s exactly one substantive change, in that HAMP did not prohibit “dual-track” (that is, foreclosure while attempting modification.)
Essentially every other item in this 27 pages is something that Servicers already had a legal duty to do, either as a fiduciary to the investor or just through the ordinary covenant of operating in good faith (You know, the original standards that all businesses are held to that aren’t actually racketeering outfits and gangsters? Yes, that.)
There’s no prosecution for all the bad affidavits, despite them being apparent acts of perjury.
Some of this is truly laughable:
You’re kidding, right? This is a NEW requirement?
Thou shalt not perjure! Really! We mean it this time!
The good news, in my mind, is that we;re seeing a movement of people in this country are are fed up with just taking abuse from the financial services industry. Witnesseth:
As attorneys general from across the country gathered at the Fairmont Hotel, housing advocates rallied at several sites across Washington, beginning with a stop at Bank of America on 15th Street NW, to press for tough sanctions against servicers.
National People's Action, a network of community groups, said it wants to heighten awareness of the talks taking place.
Outside the Fairmont, Miller's chief policy deputy, Tam Ormiston, joined the crowd for a quick prayer, in which the Rev. Tony Pierce of Illinois urged the chief law officers to "stiffen their backs" and "do justice by the American people."
As Pierce spoke, protesters corralled on the sidewalk thrust their banners into the air. One said "Make Wall Street Pay."
Many of the protesters were reacting to news reports about a $20 billion financial penalty under consideration by negotiators.
"It's peanuts. It's chump change," said Hugh Espey, executive director of Iowa Citizens for Community Improvement. Reported penalties "should be in the hundreds of billions of dollars."
During a news conference later in the day, Illinois Attorney General Lisa Madigan sought to comfort the protesters.
"For those consumer advocates who are rallying, we hear you," she said. "Laws are not being followed by the servicers. That absolutely has to change."
Y'know, that's not all that comforting. Because when I don't follow the law, I'm arrested and thrown in jail. But when bank CEOs do it? They're told to stop being naughty and are then left alone. What a weird-ass country we have.






Steal $5 bucks from the corner store and the police will hunt you down but if you are a bankster and you steal $5 million you get a bonus! (paid by your victims)
This is not America - this is GOP heaven.
"I know that there are people who do not love their fellow
man, and I hate people like that! " ~ Tom Lehrer (1928 - )
it's Amerika.
http://www.youtube.com/watch?v=GRjivIBCHDc
Something like
Jean Rostand's "On tue un homme, on est un assassin. On en tue des millions, on est un conquérant. On les tue tous, on est Dieu."
Another variant :
http://www.flickr.com/photos/rwhitlock/417489...
I wonder if they see themselves as gods.
I wonder if they see themselves as gods.
I don't wonder - surely they see themselves as omnipotent financially
"I know that there are people who do not love their fellow
man, and I hate people like that! " ~ Tom Lehrer (1928 - )
I'm surprised anyone else still remembers Tom Lehrer (I still have a copy of a few of his albums, and even the songbook). National Brotherhood Week, if I'm not mistaken.
There was an interview with him a few years back where he mentioned that he hadn't been writing new songs because "nothing has changed." Sobering.
rules are for the little people.
this isnt the "change" i voted for...
There was good change, the banks just found a way around the new rules. It was bound to happen. This is why we are allowed to make new rules.
This administration is completely owned and operated by the banks, Wall Street, the insurance companies and big pharma. Beyond empty pro forma gestures, they aren't even pretending to give a shit about the People or the Nation. I want to know why these arch criminals aren't being sent to prison for life at hard labor and why all their personal asset haven't been confiscated as partial restitution for the harm they have caused. They walk free, thanks to the prostitutes running the
White HouseCat House.Good luck in 2012 Mr. Obama.
I think he's going to be just fine. See, most people don't give a fuck about his bankster servicing -- they give a shit about the unemployment rate. And as long as we can artificially manipulate the unemployment rate to seem positive when it has to ...
President Milquetoast just has to continue what the four presidents before him had going, and he'll be just fine. As long as he's spun properly, we'll all buy it. As our prescription drug prices spiral into "unaffordable" territory, as we take away civil rights arbitrarily, as we wiretap without warrants, as we bust unions, as we occupy foreign countries without cause -- it's just going to keep on going. No matter which stuffed shirt or Endymion's Choice we're given.
And still the lemmings run out every November as if their vote is even tallied.
Humpty Dumpty was pushed.
"The better of two evils" is never a good way of voting. I'd like to see a *real* populist candidate, and a bonus would be one that doesn't seem like an illiterate redneck from Alaska.
Maybe BofA buying Countrywide wasn't such a bargain?
I'd bet a good chunk of the bad mortgages are from that purchase.
"I know that there are people who do not love their fellow
man, and I hate people like that! " ~ Tom Lehrer (1928 - )
Ah, sweet greed. They wanted to gobble up everything they could -- ostensibly to keep the few good mortgages, foreclose out everyone else, and eat up all of whatever assets they had left.
In the same way that Joe Cassano got a paltry few hundred million for destroying AIG (and essentially helping to facilitate the collapse of the American financial system). It's all about greed, fuck everyone else. I'm sure he dry-humps a copy of "Atlas Shrugged" every night before he cries himself to sleep on that big fucking pile of what used to be pension and retirement funds ...
Right now the banks are holding back the commercial real estate losses. Commercial real estate once worth $6 trillion is only worth $3-$3.5. All those empty shopping centers, office buildings, retail spaces are piling up.
Look around you-how many empty buildings have you noticed in your city and town? There are entire blocks of vacant shops where I live.
The shit hasn't hit the fan yet.
I'm sure rolling off these bad loans is just the prequel to having good ol' Uncle Sam take 'em over. Why, the bank might appear insolvent if they were kept on the real books, and then what would happen to their bonuses?
Won't somebody think about their bonuses?
because free marketism is such an article of faith. "see the self correcting markets will catch that. and if they dont, well we've stuck in a thou shalt not perjure thyself commandment just in case the market is asleep at the wheel...."
would be good if wikileaks get on with it and bust out that bankster cache. theres a distinct whiffy odor about those 7 million 'garbage' loans....wouldnt be surprised if something on those comes up in that cache...
I read about this about Bradley Manning:
"He’s Accused of Telling the Truth in a Time of Lies
Reports that Bradley Manning is being held nude every night at the Quantico Brig, then forced to stand naked in the hallway while he waits for his clothes, shows the inconsistency of the treatment of Manning with basic American values of due process, fair trial and human dignity.....
.... If Manning is guilty of what he is accused of, he sought to make the country more fair and just in the best traditions of America. He sought to make us a “more perfect union,” a concept enshrined in the preamble to the U.S. Constitution...."
...Manning is now being punished for allegedly disclosing the flaws of U.S. foreign policy in order to mend them.
http://my.firedoglake.com/kevinzeese/2011/03/...
On the other hand our attorney generals cannot cover up those flaws fast enough.
how many people who weren't in default on their mortgages were deprived of their homes? Two wasn't it? But they got them back.
Hasa Diga Eebowai
The FACT is, you have no idea how many people have been illegally forclosed upon.
"Someday somebody related to some of these sufferers, these victims, these collaterally damaged souls, may try to kill you. And I have to tell you, I think you’ll have it coming." - Christopher Cooper
People who could not afford their loans were able to get them, because the government required the banks to make such loans! My understanding of economics is modest, however my understanding of history is much better!
When you understand that banks makes loans very easy for awhile, then they make loans very difficult to get. It has happened 7 times since the Fed was created. Banks create the money from thin air, but they don't create the money to pay the interest. There is never enough money to pay back all the loans plus interest. Maynard Keynes was a socialist, so since I understand how socialists / liberals think I believe I had a great advantage! I mortgaged my house, and spent all that money on U.S. silver coin & bullion in 2007. I have already paid off my loan. And I still made a 300% profit, even after paying off the loan.
Silver is at $36 an ounce right now, I believe it will rise to at least $80 before the end of the year.
I tried to tell people back then, but few took advantage of my insight. Some think I should be ashamed of myself, but all my friends are buying silver now:) I'm not selling silver, so I don't stand to make any profit from promoting it!
There is going to be another terrible recsession if the price of gas goes up. I hope to see $8 gal. gas.
Perhaps our economy will do as well as Spain has with it's investment with "Green Jobs" I know the President has been better for my economy than Clinton or Bush!
It is true that liberty is precious; so precious that it must be carefully rationed.
Vladimir Lenin
Just because they're segregating the non-performing loans doesn't mean that every homeowner in America is screwed and just because the loans aren't paying back at par doesn't mean that they're worthless securities. Wild conclusions drawn from very little information that is stale, anyway. Nobody expects a non-agency subprime MBS to return at par and the notion that because BofA is acknowledging that fact and segregating the risk away from their primary business doesn't somehow mean that half the homeowners in America are going to be kicked out of their homes.
It sounds to me that in America if one steals from someone in a socio-economic class above their own, they will soon be busted and incarcerated. If someone steals from the next lower class, well that's just business and no big deal, we can quietly work something out. The exception that comes to mind is Bernie Madoff actually foolishly included fellow plutocrats among his victims so bye bye for him. Fuck with them and you're gone.
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