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Dean Baker

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Mortgage and Securitization Fraud: Where Is the Task Force?

Posted: 05/21/2012 5:30 pm

It was almost four years ago that Federal Reserve Board Chairman Ben Bernanke, Treasury Secretary Henry Paul Paulson, and then New York Fed Bank President Timothy Geithner ran to Congress warning that the end of the world was near. They told members of Congress that the banks were drowning in bad debt and without a massive bailout they would soon be forced into bankruptcy. Congress quickly coughed up the money in the form of $700 billion in TARP loans. The Fed contributed trillions more.

Undoubtedly most of the bad debt was due to stupidity, which does not seem to be in short supply on Wall Street despite the high paychecks. The folks running the major banks somehow could not see the largest asset bubble in the history of the world. The fact that house prices had risen by more than 70 percent above their trend level, with no plausible explanation in the fundamentals of the housing market, did not trouble these high-flyers.

But there was more than just stupidity involved here. There was an epidemic of mortgage fraud that was identified by the FBI as early as 2004. The general story was that the big subprime issuers were pushing their agents to issue as many mortgages as possible, because they knew that they could sell almost any mortgage the next day in the secondary market. As a result, many mortgage agents put down information that they knew to be false, often changing information provided by applicants to allow borrowers to get mortgages for which they were not actually qualified.

Clearly, much of this sort of fraud took place. There were many accounts of people who received mortgages with payments that would have taken up their entire income. In some cases, the applicants may have been responsible for the false information. According to the FBI, in most of the cases it was the lenders who put down the false information so that they would be able to issue a loan that could be sold in the secondary market.

During the bubble years I had several people send me emails saying that friends or relatives were being told by their supervisors at major lenders to fill in false numbers to allow people to get mortgages for which they were not qualified. While anyone can make up anything in an email, the fact that I got similar accounts from multiple sources suggests that this sort of fraud was actually taking place on a substantial scale. (The alternative explanation, that there was a conspiracy to fool me, hardly seem very plausible.) The question is, how high up in the corporate hierarchy did this fraud originate?

A serious investigation would start at the bottom and work up. It would find offices where many of the especially bad mortgages were issued. The investigators would question the mortgage agents about how so much false information ended up on loan forms.

After scaring some number of mortgage agents into talking, they would then talk to the branch managers. If they got two to three branch managers to acknowledge that they had pushed such agents to falsify information, they would then press them to reveal how they decided to engage in mortgage fraud. This practice could lead to the top levels of the bank.

The same policy could be followed with securitization. There have been enough emails uncovered and public statements from insiders to know that some people within the major investment banks knew that many of the mortgages that they were securitizing were fraudulent. It is, of course, against the law to deliberately pass on fraudulent mortgages. It is also against the law to ignore clear evidence of fraud when rating these issues, as appears to have been the practice of the bond-rating agencies.

In short, it seems that there was a lot of crime here, but not much effort at enforcement. In its first three years the Obama administration did almost nothing to investigate criminal practices that contributed to the bubble and the subsequent meltdown. The attorneys general settlement on robo-signing in January called for a task force to be headed by New York Attorney General Eric Schneiderman.

Almost four months later there is little evidence that this task force is making much progress. For example, if someone wanted to contact the task force to report evidence of fraud, they would certainly have a difficult time surfing the web to find a phone number to call or an email address.

With the statute of limitation for many possible offenses being reached in the near future, if it has not already been reached, there should be a serious sense of urgency about this issue that is altogether lacking. If the Obama administration pursued al Queda with the same vigor as it's investigating financial fraud, Osama Bin Laden would be sunning himself on some beach in the Caribbean.

 

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It was almost four years ago that Federal Reserve Board Chairman Ben Bernanke, Treasury Secretary Henry Paul Paulson, and then New York Fed Bank President Timothy Geithner ran to Congress warning that...
It was almost four years ago that Federal Reserve Board Chairman Ben Bernanke, Treasury Secretary Henry Paul Paulson, and then New York Fed Bank President Timothy Geithner ran to Congress warning that...
 
 
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07:48 PM on 05/28/2012
Does anyone still go to networking events in the real estate profession?
http://www.hardcorecloser.com/sales-finesse-radio-r-e-a-l-networking-doc-compton/
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greenstraws
I am me not you.
07:33 PM on 05/23/2012
The American middle class is being sold out to CORPORATE GREED.
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dadw5boys
Disabled Vietnam Vet
06:15 AM on 05/23/2012
Funny Newt Getrich was talking about how he changed the Financial Laws that helped make Romeny rich !!!!!!
And here people are talking about NON CONFORMING LOANS that were sold as AAA Investment Packages that went belly up !!!!
Cause and Effect !!!!
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lagunasuz
12:23 AM on 05/23/2012
Nothing is being done and the problems will not go away anytime soon. There are many, many homes with clouded titles, homes entering foreclosure, lawsuits starting, the mud slinging is just beginning. There are thousands of wrongful foreclosures that will have to be overturned, people moved out and the original people moved backed in; total chaos.
Fraud by the banks everywhere, and the investors will be up in arms. It is all starting now, and it should be in full swing just about election time.
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dadw5boys
Disabled Vietnam Vet
11:28 PM on 05/22/2012
Didn't the FBI place a Limitation of $200,000 on the level of Fraud they were investigating ?
The mortage had to be at least $200,000 before they would even look at the case because there are so many.
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greenstraws
I am me not you.
07:35 PM on 05/23/2012
Maybe some of those at the FBI got paid bribes not to investigate? The FBI focuses on the little guy but is bribed to turn a head away from those who are truly looting the system.
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porsche996
an inelastic scattering of photons
09:09 PM on 05/22/2012
The brokers the brokers the mysterious agents of the brokers what the hell is a broker but someone that has figured out that a transaction is about to be made and they can make money by queering the deal, sending the deal to "their guy"....or shopping the deal to a hundred other "brokers" but basically by intruding and annoyingly claiming to be expert and have a better deal, just for you.

Now we're all "broke_ass_brokers"
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AlfredE69
Liberty Lovin' Tree Hugger
05:28 PM on 05/22/2012
Justice Dept is busy harassing medical marijuana dispensaries
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porsche996
an inelastic scattering of photons
09:18 PM on 05/22/2012
Huh!
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AlfredE69
Liberty Lovin' Tree Hugger
08:04 AM on 05/23/2012
Did you just wake up from a year long nap?

http://www.salon.com/2012/04/26/obama_justice_and_medical_marijuana/
05:19 PM on 05/22/2012
AND IF YOU THOUGHT THAT LAWRENCE SUMMERS WAS BAD…

Holder could just be THE fox guarding the henhouse... Please read this bombshell...

"Insight: Top Justice officials connected to mortgage banks"

http://www.reuters.com/article/2012/01/20/us-usa-holder-mortgage-idUSTRE80J0PH20120120

(Reuters) - U.S. Attorney General Eric Holder and Lanny Breuer, head of the Justice Department's criminal division, were [senior] partners for years at a Washington law firm that represented a Who's Who of big banks and other companies at the center of alleged foreclosure fraud, a Reuters inquiry shows.

The firm, Covington & Burling, is one of Washington's biggest white shoe law firms…Reuters reported in December that under Holder and Breuer, the Justice Department hasn't brought any criminal cases against big banks or other companies involved in mortgage servicing, even though copious evidence has surfaced of apparent criminal violations in foreclosure cases.
--------------------------------------------------------------------------------------------

Holder, Breuer, MERS bombshell | MyFDL

http://my.firedoglake.com/cindykouril/2012/01/20/holder-breuer-mers-bombshell/
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porsche996
an inelastic scattering of photons
09:22 PM on 05/22/2012
Could this be what Gingrich was alluding to?
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dadw5boys
Disabled Vietnam Vet
11:30 PM on 05/22/2012
You know there were Few Banking Laws when the Sub Prime Loans were written. I find my self thinking why not and then remember the Banking Laws had been stripped away.
So the time limit on many crimes has past and many things are not illegal anymore.
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Anne Towsley
05:02 PM on 05/22/2012
If a simple person like me observed that home prices were going so far out of reality back in 2004 that even I said "someone is making this happen" Where were all the people responsible back then to step in and prevent the crash. All those in the banking, mortgage, title, loan " professionals " to say STOP STOP but it must be greed that prevented so many from speaking up . No one held accountable when all it takes is tracing the dollars to those who profited . This is not one mans fault it is the entire system but maybe if just one person said this wrong!!!
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porsche996
an inelastic scattering of photons
09:17 PM on 05/22/2012
Are we supposed to completely ignore the simultaneous promulgation and prosecution of 2 TWO illegal and unpaid for invasions using American troops and patriots to further only the specific interests of a small club of oil companies owners and shareholders?

Wasn't that supposed to be the deal? We ignore your crazy imperialism and ignore the fact that the night of "shock and awe" was mass murder timed for American Prime time.....and you let us take out loans it's improbable we'll pay back.....everybody's got an Escalade and a condo....and we party and you got your oil (cash)......wasn't that the deal yo?
04:03 PM on 06/11/2012
Brooksley Born warned congress and Bernacke and Greenspan that this was wrong. She got "retired" from her position. Too much money was being made for one person to influence the banksters to curb their crimes on humanity.
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jtenn
04:22 PM on 05/22/2012
Perhaps if the President had had the balls to appoint Eliot Spitzer to head this inquiry and subsequent prosecutions, we'd have made progress. As it is Schneidermann mentions nothing... Another liar doing the politically expedient thing instead of the right thing. Right up there with Holder and Gietner...

I am so tired of all this.
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ronkw
Molon labe
04:18 PM on 05/22/2012
"Members of Fannie Mae senior management" walked away with $$millions in bonuses.
They are still out "walking around"

A similar scandal and management upheaval transpired a year and a half later at Fannie Mae.
While the details are very different—Fannie Mae management was accused of overstating its
earnings by $9 billion in order to maximize executive bonuses—the net results were essentially
the same.

Members of Fannie Mae senior management, including its CEO, were forced to
resign in December 2004, and a new executive team was formed.
bullthull
Enemy of all that is stupid
04:10 PM on 05/22/2012
I do not have access to national stats but the FBI and State have been working well in MI on this, took some bad actors out and to prison. Now when it comes to the top of the house , how did Mozillo get off paying a fine? I can only speculate there was alot more than "the friends of Anthony going" on at Countrywide.
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ronkw
Molon labe
04:05 PM on 05/22/2012
"Where Is the Task Force?"

They're kinda busy right now with that baseball player. Did he or didn't he do hormones?

I'm sure when that's handled, they will get right on this so called "problem."
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TurnSeiki
Black Conservative
04:02 PM on 05/22/2012
If you start by making sure people actually have the income they're claiming, has enough of a down payment and has a good credit score, none of the other stuff will be a huge problem. There could be some isolated events. But, there will be no meltdowns. Everything worked fine from the 1800's all the way up to 1992. And then, they decided to "help" people get into homes.
04:29 PM on 05/22/2012
Yessir. The government decided everyone needed to own a home, which many of them could not afford. But hey, it’s the American dream. Why does it now seem like a nightmare?
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TheBaffler
a long the riverrun
04:00 AM on 05/23/2012
Private banks gave out bad mortgages, knowing the governmnent would bail them out if something went wrong.
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Shebagirl
Be a superdog - protect an underdog!
03:27 PM on 05/22/2012
"Where is the Task Force" you ask - the same place where the November 2009 Financial Fraud Task Force went. All talk to assuage the citizens to have them believe the government is doing something - but in actuality doing NOTHING!