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Richard Zombeck

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Below the Fold: Where did the $26 Billion go?

Posted: 09/14/2012 10:45 am

A wrap-up of stories and posts you might have missed or overlooked -- the ones below the fold.

You may remember some hubbub back in February about some talks involving a $26 billion settlement that was supposed to provide relief to nearly two million American homeowners. Many homeowner activists, bloggers, and homeowners themselves saw the settlement is nothing more than another giveaway to placate the banks and servicers. It's starting to look as though they were right.

Despite the warnings, outrage, and in some cases pleading, some of the biggest voices in the consumer advocacy community touted the settlement as a positive thing for homeowners.

AFL-CIO President Richard Trumka said:


The banks broke the law by railroading homeowners through the foreclosure process. Today's settlement provides compensation for foreclosure victims without requiring individuals to waive their legal claims. While banks must be made to pay more to help homeowners, the settlement includes needed principal write-downs so homeowners can stay in their homes.

Alys Cohen of the National Consumer Law Center said it would move the ball forward and that it was a game changer. Iowa Attorney General Tom Miller, who headed up the whole process, said "This agreement is the only way we're going to get to substantial principal reduction."

NAACP President and CEO Benjamin Todd Jealous said:


This monumental settlement is a strong step towards assisting the millions of current and former homeowners that were exploited, discriminated against and taken advantage of by major mortgage servicing banks. The principal reductions, refinancing and other relief will provide desperately needed relief.

Former White House Advisor, Van Jones, now running "Rebuild the Dream" and never one to miss an opportunity to pipe up about something somewhere said:

That is small comfort, perhaps, but it was hard won. So we should honor the hard work of New York State Attorney General Eric Schneiderman, California Attorney General Kamala Harris and others, including many grassroots progressive organizations like New Bottom Line. They fought courageously to prevent a total sweetheart deal for the banks. This outcome is the result of determined activism, and without this heroic effort, the deal would have been drastically worse.

All pretty big names with pretty big voices congratulating themselves and their colleagues over a job well done, but looking at what's actually been accomplished in the last six months as a result of the settlement there's been very little follow-through from anyone who previously saw this as a victory.

The Social Science Research Network released a study last month that was collaborative effort of the Federal Reserve Bank of Chicago, the government's Office of the Comptroller of the Currency (OCC), Ohio State University, Columbia Business School, and the University of Chicago measure the impact of HAMP - the government's anti-foreclosure program.

According to the report nearly 800,000 homeowners could have avoided foreclosure had the banks done a better job at modifying loans. ProPublica's Paul Kiel put together a fairly in-depth article on the findings of the report, in which he writes:



Unfortunately for homeowners, most mortgages are handled by banks that haven't been properly staffed and thus have modified far fewer loans. If these worse-performing banks had simply modified loans at the same pace as their better performing peers, then HAMP would have produced about 800,000 more modifications. Instead of about 1.2 million modifications by the end of this year, HAMP would have resulted in about 2 million.

It's a bit sympathetic to the bank's claims that they were understaffed and overworked, but still a worthwhile read.

So what about the $26 billion? In some cases, the banks are dragging their heels. The Office of Mortgage Settlement Oversight released its first report on August 29 - just six months later. According to the report, Bank of America, the bank responsible for the biggest portion of the agreement had yet to modify a single mortgage.

The Los Angeles Times reported


The report showed that Bank of America Corp. faltered in one key area of the settlement, completing no modifications of first mortgages from March 1 to June 30, the period covered in the first status report released by the Office of Mortgage Settlement Oversight.

The other four banks covered by the settlement -- JPMorgan Chase & Co., Wells Fargo & Co., Citigroup Inc. and Ally Financial Inc. -- reported that they had completed 7,093 modifications of first-lien mortgages worth a total of $749 million. JPMorgan Chase completed the most such modifications with $367 million.

As an added twist, according to Jim Gallagher of the St. Louis Post-Dispatch, banks could be completely sidestepping the foreclosure settlement with short sales:


That raises the question: Would the banks have forgiven that debt even without the settlement? Have banks found a nifty way to reduce the amount $25 billion they agreed to pay to settle the suit over their foreclosure practices?

The figures are similar across the nation. At least 60 percent of the money is supposed to go to homeowner relief. But the bulk of that is going for short sales.

More egregiously, the settlement money that was to be used to provide relief for homeowners is instead being used by some state officials to fill budget holes, top off coffer, and offset taxes.

New Jersey Governor Chris Christie, the latest to jump on the "we have free money and screw homeowners" band wagon, wanted to divert $75 million earmarked for New Jersey homeowners to offset tax breaks for the state's wealthiest residents, according to NJ.com.

In Texas, $125 million went straight to the general fund. Missouri will use its $40 million to soften cuts to higher education. Indiana is spending more than half its allotment to pay energy bills for low-income families, while Virginia will use most of its $67 million to help with revenue. Georgia plans use its $99 million to lure companies to the state.

So, as it happens, it looks like the settlement wasn't such a great idea or the big first step everyone claimed it would be. The banks and servicers still get to do what they want; they get to do it how they want; and individual states get to use the money however they want as long as it's not to help struggling homeowners for whom the money was intended for in the first place.

Oddly enough, everyone who was so quick to applaud the settlement and take the opportunity to grandstand as a homeowner advocate six months ago, has become conspicuously quiet when it comes to follow through. An unfortunate recurring theme.

 

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HUFFPOST SUPER USER
Opinionated Lady
One for all
11:58 AM on 09/17/2012
In other news the Justice Dept task group investigating the banks' mortgage fraud has announced nothing new at all! When asked about the group's progress, AG Holder yawned, stretched and mumbled something about the Department's vigiligant pursuit of shutting down more medical marijuana clinics as a distracting, but necessary, first step in securing liberty and justice for all.
HUFFPOST SUPER USER
realitytrumpsbull
Two 'alves of coconut!
02:55 AM on 09/17/2012
Never signing mortgage papers. This whole business needs at least another truckload of Comet/elbow grease, liberally and frequently applied. Where can we just go set up tents, when we go completely bust?
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EdCorner
Now what - more of the same...
08:14 PM on 09/16/2012
The same story over and over again and they don't think we notice. YOU DON'T THROW MONEY AT A CORRUPT KLETOCRATIC SYSTEM AND SERIOUSLY EXPECT ANYTHING OTHER THAN IT BEING RIPPED OFF.

Now we're going to have QE3. The banks don't have ALL the money yet so the Fed and the Treasury will do everything they can to make sure they do eventually. The system is kleptocratic and no candidate will do anything about it - hence my micro-bio. Crooks aiding and abetting crooks is all this is. They don't want to help "we the people"
04:04 AM on 09/16/2012
Right On !!!!
08:42 PM on 09/15/2012
By what I am reading it sounds like most of our money goes to banks. Wars and domestic programs pale in comparison. Wow, so an entity that does not earn, but robs and gambles seems to be entitled to continuous public aide? Who writes these kinds of laws?
HUFFPOST SUPER USER
missprissanna
the weight of the news nearly broke my back
10:35 AM on 09/16/2012
the robbers and gamblers write the laws they want and they buy those results by way of extremely well paid lobbyists...they can't survive without their continuous aid of taxpayer dollars
06:07 PM on 09/15/2012
Ok, then lets end the standing army. Cut all defense spending. Are you teaparty folks up for that? Didn't think so. what is wrong with defending your self? Why do you need the government to defend you?
03:56 PM on 09/15/2012
So everyone wants to give everything to the states? The states will turn the problems over to local government.
The money given to the states for programs and services will be spent to remodel government mansions and the people will not see a dime.
I think the states are skimming ss checks as they make their own rules for what you can have. Bills and taxes used to be exempt from ss. Till the states became involved.
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HUFFPOST SUPER USER
MFI-Miami
12:59 PM on 09/15/2012
When everyone was all excited about this settlement and the state AGs an Governors were all expecting Jamie Dimon and Brian Moynihan to drive around the country handing out oversized novelty checks and balloons like Ed McMahon, I was telling people this was all smoke and mirrors, did anyone listen? Nope. I take that back, Zombeck listened. So to everyone else, "I told you so!"
09:43 AM on 09/16/2012
You've been right about many things, only wish I would have listened to more of what you were talking about earlier. Thanks for your knowledge and persistence. I appreciate it!
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HUFFPOST SUPER USER
offred
A biocitizen is 3/5 of a corporate citizen
09:52 PM on 09/14/2012
Yeah, right, put more power in the hands of states. They handle the money so ethically.
12:50 PM on 09/15/2012
Have you SEEN how the federal government spends money? 16 Trillion in Debt? States can't deficit spend. Come on now.
This user has chosen to opt out of the Badges program
09:01 AM on 09/17/2012
This chart might interest you - $3 Trillion of state/local debt

http://research.stlouisfed.org/fred2/series/SLGSDODNS
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HUFFPOST SUPER USER
Rita R
Always asking why
08:11 PM on 09/14/2012
So the lesson that SHOULD have been learned and obviously hasn't is that any money doled out by the Feds for ANY stated purpose has to have oversight, named responsible parties, and a sword of Damocles for non-compliance. Oh wait, that requires government regulators doing their jobs.
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HUFFPOST SUPER USER
ur2nutty4me
09:32 PM on 09/14/2012
No it just means any money doled out for any reason has so many loopholes it never sees the outside of a one per-centers hidden nontaxable bank account. No government assistance ever reaches it's publicly stated intended purpose either at all or in any great percentage of funds issued.
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HUFFPOST SUPER USER
scndchnchtr
07:39 PM on 09/14/2012
Course the AFL-CIO was all for it. The American Federation of State, County and Municipal Employees is a member.
HUFFPOST SUPER USER
kamact
Market Observer
07:32 PM on 09/14/2012
These are truly state-sponsored financial terrorist entities...and collectively the greatest threat to America...
06:05 PM on 09/14/2012
My boss.... who earns considerably more than I do! .... was contacted by his mortgage company and given an offer to redo his mortgage at a very low interest rate. When he said that he didn't really want to have to pay closing costs, etc. to do it, they waived all of that. So he has a 15 year mortgage on a house worth 3 times what mine is and is only paying about $100 more than I do for mine. I looked into it a bit and with my good credit rating I could lower my interest rate over a percentage point, but I would have to pay for appraisal and closing costs, etc. Because I will soon be retiring and will likely sell within the next 5 years and move nearer the grandchildren, it was not cost effective to do that. It might have been if I was going to stay in it longer and rather than having 21 more years of payments I would have 15 at just a bit higher but still having to add in $4000+ for the privilege of doing it. Does that seem really fair? We are sure they contacted him because they are required to do a bunch of those mortgage rewrites.... but why not for those of us earning way under $100,000?
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HUFFPOST SUPER USER
Carl Caroli
I just don't understand people
02:46 PM on 09/14/2012
The rich got richer, and the poor got poorer. That's all you need to know. Didn't they tell you that?
01:17 PM on 09/15/2012
The rich get richer because they keep doing what it is that made them rich. The poor get poorer because they keep doing what it is that made them poor. Pattern repetition. Interrupt the pattern, change the results. Govt loves poor people, they serve as the human shields for the purpose of growing govt.
HUFFPOST SUPER USER
johnnymainstreet
10:28 AM on 09/16/2012
Susan, the rich got richer, because it "takes money to make money" especially in the current economy. Some of the rich "earned" their money, but, most, have been the benefactor of generation after generation of making money and passing it down the line via inheritance, trust fund etc. Sorry, the majority of the "wealthy" haven't made money because they are smarter, they have made it simply because they started at the "Casino" with a bigger bank roll. The poor keep doing what you claim, that is the same thing over and over again, simply because they don't have a choice. It's pretty difficult to make "investments" (IE gamble) when you can't put food on the table.
jhNY
Mercy.
01:40 PM on 09/14/2012
Settlement money going to tax cuts for the wealthy, and to state government paydowns of state debt. Business as usual.

Want to reduce the deficit? So much so that you propose a cross-the-board budget cut? When the smoke clears, the budget of one of the most costly portions of government, where in recent memory a billion dollars was misplaced, where no audit has been done in years, the Defense Department, is now larded with more money than the department requested-- as result of attempts to include defense in across-the-board cuts.

Want to save the financial system? Lend money to those that did all they could to destroy it, incapable, given the terms its recipients insisted upon, of preventing bonuses from being paid to the very people who very nearly ruined everything. When the smoke clears, notice that the banks too big to fail in 2008 are bigger today, despite all the ruination around us.

Want to save health care? First, make the largest cost addition to medical care-- private insurance companies-- a quasi-government institution, guaranteeing insurers more customers than ever.

At this late stage of our democracy, all money leads to the donor class.