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Holding Banks Accountable

Posted: 02/15/2012 11:31 am

Too often, real progress in Washington can be stymied by bureaucratic red tape, turf fights, or conflicts between federal and state authorities. Unfortunately, it has become a place where partisan deadlock and political games can threaten to crowd out substantive debate.

In times of crisis -- when people's livelihoods are in jeopardy and families are losing their homes to foreclosure -- they deserve better than intransigent bureaucracy. They need and deserve a government that actually solves problems.

This week, the Obama Administration and a bipartisan coalition of 49 state attorneys general demonstrated what can be accomplished when people put aside turf wars and focus on what they can do to make things better. By working closely with one another across federal agencies, state boundaries, and party lines, we reached a historic mortgage servicing settlement on behalf of American homeowners.

This $25 billion joint federal-state civil settlement -- the largest ever obtained -- addresses foreclosure processing violations by the nation's five largest mortgage servicers. It will provide immediate relief to 1.75 million homeowners, in part by forcing banks to reduce the principal balance on many loans, refinancing loans for "underwater" borrowers, and paying billions of dollars to states and consumers.

The need for a settlement on this scale has long been clear. Some five years after the housing bubble burst, America continues to pay a steep price. Lenders sold loans to people who couldn't afford them and packaged mortgages to make profits that turned out to be nothing more than a mirage. Their actions hurt millions of families who did the right thing, but still lost their houses or saw their home prices drop. And, unfortunately, as our extensive investigations found, abuses continued long after consumers bought their homes.

In response to thousands of mortgage servicing complaints fielded by the U.S. Department of Housing and Urban Development (HUD), state attorneys general, and banking regulators across the country, HUD initiated a large-scale review of the Federal Housing Administration's (FHA) ten largest servicers in the summer of 2010. Devoting some 6,000 hours to reviewing servicing files for thousands of FHA-insured loans, the scope of this review soon broadened to encompass a long list of mortgage servicing issues, including lost paperwork, long delays, and missed deadlines for loan modifications.

The Justice Department's U.S. Trustees Program reviewed more than 37,000 bankruptcy claims and motions filed by the top five servicers. And HUD's Office of the Inspector General, the Justice Department, and state authorities discovered that the country's five largest loan servicers routinely signed foreclosure-related documents without knowing whether the facts they contained were correct.

Some have asked why we don't address these actions by taking the banks to court. But rather than pursuing hundreds of lawsuits with varying degrees of success, the goal of this settlement has been to benefit struggling homeowners and to do so now -- not sometime in the future, when it may be too late to help many families.

That's why first and foremost, this agreement puts billions into the hands of consumers - helping roughly a million families who owe more on their mortgage than their home is worth by reducing the overall balance of their loan. Principal reduction on this scale will not only help underwater homeowners start to build equity again -- it will aid their neighbors, many of whom watched their own property values plummet by $5,000-10,000 simply because they lived on the same block as a foreclosed home.

In addition, these funds will help unemployed homeowners start to catch up on late mortgage payments by reducing their monthly payments for a period of time. They will support housing counseling services, to connect at-risk families to the help they need, and to assist communities struggling with vacant and abandoned properties that drag down neighborhood home values. And, by instituting tough penalties enforced by an independent monitor, the settlement will ensure that banks have a strong incentive to provide this help both quickly and effectively.

The settlement also provides cash payments to homeowners who were victims of deceptive servicing practices. Of course, we recognize that the pain of this crisis cannot be undone by writing a check. But there's no question that these payments, which will be provided through the offices of State Attorneys General, can provide welcome relief.

This settlement also forces banks to clean up their acts -- and to fix the problems uncovered during our investigations -- by committing them to major reforms in terms of how they service mortgage loans. This is significant, given that these banks service nearly 2 out of every 3 mortgages. And these new customer service standards are in keeping with the Homeowners Bill of Rights recently announced by President Obama -- a single, straightforward set of commonsense rules that families can count on, requiring lenders and servicers to honor a long list of rights for those facing foreclosure.

In some ways, just as important as what this settlement accomplishes is what it does not do.
It will not prevent state attorneys general or regulators from pursuing criminal cases or conducting investigations that get to the bottom of the crisis. Indeed, last month, we joined New York Attorney General Schneiderman and several other state attorneys general in announcing a working group focused on investigating the conduct of financial servicers that broke the law and contributed to the crash of the housing market, including securities- and origination-related cases.

While this historic settlement isn't designed to address all the issues of the housing crisis, it will offer significant help to those who suffered the most harm. Alongside the broad-based refinancing plan President Obama announced to help homeowners, it provides a path toward stability for our housing market and our broader economy. And, by ensuring that banks and mortgage servicers fulfill their essential obligations -- and taking major steps to hold these institutions accountable -- it proves that we can make real progress, and achieve extraordinary results, when we work together.

This piece originally ran in the Las Vegas Sun.

 

Follow Shaun Donovan on Twitter: www.twitter.com/@HUDnews

 
 
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02:30 PM on 03/06/2012
Both Shawn and Eric Holder need to buy the documentary "Inside Job". It's available on Amazon! It names names, and even names several of the big bank beneficiaries that took our tax dollars as a bonus that our current President has put in high positions with the Government!
02:14 PM on 03/06/2012
The Federal Government then Forced, and I do mean Forced banks to give housing loans to a certain % of low income, unable to afford, home buyers. They also guaranteed these loans with our tax dollars! The New York Times predicted the bank failure in 1968 when the Clinton Administration with Barney Frank did this! It is a true fact!
02:06 PM on 03/06/2012
The Federal Government is the real responsible party! In 1968, the US government converted Fannie Mae into a private shareholder‐owned corporation (GSE – government sponsored enterprise) in order to remove its accounts from the annual balance sheet of the federal budget as a consequence of the Vietnam War. Thus, Fannie Mae ceased to be the guarantor of government‐issued mortgages, which was now the responsibility of the new Government National Mortgage Association (Ginnie Mae).
10:14 PM on 02/19/2012
Hey Holder,

You want to make banks accountable? Then try their executives for FRAUD.

Until then quit this useless blather.
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shankapotomus
07:14 PM on 02/19/2012
Holder, what a joke, Your "settlement" is a drop in the ocean compared to the tens of trillions that Goldman, Citi and others garnered from tanking our economy in 08. None of it will likely reach the people it needs to reach who have long since lost their homes, jobs, credit.
TRRoughRider
Truth be Known
07:01 PM on 02/19/2012
One, this is not a settlement.
Two, this does nothing to benefit the victims of the fraud perpetrated by the Banking and mortage industry.
Three, it does not guarantee the banks will make any payments per the settlement. Those that qualify will be a the whim of the banks discretionary practices, red tape and renown delay tactics. The victims will most likely be dead before they see a dime.
Four, it ignores those people who did not refinance and/or take out loans but lost a third of the value in their home vanish overnight by these corrupt practices.

What this truly is is another $700-$800 billion dollar bailout to the banks and mortgage industry without any prosecutions or accountability all under the ruse of a settlement.

Mr. Holder, your words in this piece only serve to insult the intelligence of most Americans and serves only to reaffirm their belief that our Goverment is totally corrupt.
TRRoughRider
Truth be Known
06:43 PM on 02/19/2012
Mr. Holder proves again that justice is truly blind. Blind in the administration of justice on behalf of the American people.
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shankapotomus
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Craig2
Living in the great State of Jefferson
11:53 AM on 02/19/2012
Good morning, I thought what these guys said was discredited last week.
11:44 AM on 02/19/2012
What about the financial collapse? Did you investigate that too? Cause I heard no one was prosecuted. Yeah, awesome job. Not.
05:17 PM on 03/06/2012
They would have to FIRST
prosecute All in the Federal Government involved in forcing the banking system to give loans to people who would not be approved for those home loans before they changed Freddie and Fannie!
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danninoonen
11:30 AM on 02/19/2012
These guys are so out of touch. This will help me, who put down well over 20% down on my house, because it will reduce the loan balance of my irresponsible neighbors? And they claim values have dropped $5 to $10,000. My house is down $50,000 from when I bought it and down $200,000 from the peak. I still have equity in my home, but my irresponsible neighbors who were in essence renting their homes will be getting a check?
08:09 PM on 02/19/2012
What's right is wrong.
What's wrong is right.
The world is upside down.
10:16 PM on 02/19/2012
It's your fault for not knowing that the mortgage market was about to collapse. You should have done your homework.
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tnkeating
Dyslexic agnostic insomniac
09:34 AM on 02/19/2012
Hey heres a novel idea, lets hold our Congress, President and AG accountable for making it possible for the banks to do their voo doo that they do so well.
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bobbyndallas
Heretical Skeptic in Reality
09:21 AM on 02/19/2012
And by the way eric, have you decided which high paying law/lobbying firm you are going to work for yet? you have prevented so many prosecutions you must have quite a large list to choose from.