Mortgage Crisis
The bungled politics of bank bashing
The federal government finally accuses Wall Street of mortgage fraud, and then buries the news
President Obama Last Friday, right before a three-day weekend, the Federal Housing Finance Agency filed 17 lawsuits accusing a motley crew of some of the biggest financial institutions in the United States of fraudulently misrepresenting the value of mortgage-backed securities. Pick any one of the lawsuits, for example, the complaint against Merrill Lynch, and you will read language sure to get the heart pumping of any American still seething at the role Wall Street played in precipitating the Great Recession:
These securities were sold pursuant to registration statements, including prospectuses and prospectus supplements that formed part of those registration statements, which contained materially false or misleading statements and omissions. Defendants falsely represented that the underlying mortgage loans complied with certain underwriting guidelines and standards, including representations that significantly overstated the ability of the borrowers to repay their mortgage loans.
To most people who have followed the mortgage crisis closely from the beginning, the FHFA would seem to have a slam-dunk case. As Felix Salmon pithily summarizes: “These banks lied to investors when they put together mortgage securitizations.” The evidence is simply overwhelming — the only real question here is why the government hasn’t moved more quickly to call the banks to account.
But listen to the industry response! Paul Miller, a former bank examiner now working as an analyst for FBR Capital Markets & Co., declared in a research note that it was time to “stop punishing banks.” Demanding that the banks make restitution for the losses would hurt the economy, he argued.
The Federal Housing Finance Authority is “reacting in their own self-interest as opposed to that of the broader U.S. economy,” Miller wrote. Their claims “drain capital from the banking system, and they cause banks to overly tighten credit standards, which pushes potential home buyers onto the sidelines.”
Securities analyst Richard Bove warned that the lawsuits proved that the U.S. government “is committed to breaking up the banking industry.”
The audacity! Talk about your all-purpose, gilt-edged get-out-of-jail-free cards! The U.S. government should refrain from punishing the malefactors who brought down the economy, because doing so would negatively hamper the economy! And even better, the Obama administration, which helped to inspire Tea Party anger and alienated its own left-wing base by moving heaven and earth to keep the banking industry intact, is now supposedly “committed” to breaking up the banking industry.
If only!
The economy argument simply doesn’t hold water. First of all, banks have already tightened their credit standards and are reluctant to make loans. If they wouldn’t make loans when their profits were high, the government needn’t worry over much about the effect that draining more capital from the banking system might have. But secondly, there is no way that legal action on this scale will be resolved in any kind of short-term time frame. Goldman Sachs, Citigroup and Bank of America will have access to the best legal teams money can by, and any resolution will likely take years, by which point, one hopes, the economy will be on sounder footing, and the banks will be able to pay their fines without causing undue economic sabotage.
And then there’s the reasoning offered by FHFA itself, in a note released Tuesday clarifying the rationale behind the suits:
Some have claimed that these suits will disrupt economic recovery, or endanger the targeted banks, or increase their cost of capital. While everyone is concerned with these important issues, the long-term stability and resilience of the nation’s financial system depends on investors being able to trust that the securities sold in this country adhere to applicable laws. We cannot overlook compliance with such requirements during periods of economic difficulty as they form the foundation for our nation’s financial system. Therefore, through these lawsuits, FHFA turns to the courts to adjudicate the violations that it has alleged in its complaints.
Of course, it’s probably also worth noting that nothing particularly economically advantageous is likely to happen, in the short term, as a result of the FHFA’s move, aside from some modest deficit-reducing benefits in the event that some of the losses the government was forced to eat bailing out Fannie Mae and Freddie Mac are offset by any restitution from the banks.
Which brings us to one final observation. Could this have been managed any less effectively, from a political point of view? After bailing out the banks, and becoming widely perceived as more concerned about Wall Street than Main Street, the feds waited three years to aggressively confront the banking industry, and then buried the news of their action on a Friday before a three-day weekend. More people probably remember the score of a college football game played Saturday than what the FHFA did on Friday.
Andrew Leonard is a staff writer at Salon. On Twitter, @koxinga21. More Andrew Leonard.
Reports: US to sue big banks over risky mortgages
Federal Housing Finance Agency could file suit over misclassified mortgages within days
In this Aug. 26, 2011 photo, a trader works on the floor of the New York Stock Exchange, in New York. World stock markets rose on Monday, Aug. 29, 2011, heartened by Federal Reserve chief Ben Bernanke's call on the U.S. government to help the economy and his refusal to rule out more monetary stimulus by the central bank. (AP Photo/Jin Lee)(Credit: AP) Published reports say the U.S. government is planning to sue some of the country’s largest banks over mortgage-backed securities they sold that lost value in the housing market collapse, alleging they misclassified their quality.
The reports say the government would seek billions of dollars in losses in compensation. The reports cited people that were not identified.
The New York Times and The Wall Street Journal say the Federal Housing Finance Agency, which oversees mortgage buyers Fannie Mae and Freddie Mac, could file a lawsuit within days.
The reports say securities that were backed by subprime and other risky loans but were deemed safe investments by ratings agencies are the ones at issue in this case.
The Times says the FHFA would not seek recovery of the total amount of the loans because some still have value.
S&P downgrades Fannie Mae and Freddie Mac
Agency begins re-assessing credit ratings linked to U.S. debt in wake of Friday's historic decision
FILE - This Monday, Aug. 1, 2011 picture shows the U.S. Capitol just after the House voted to pass debt legislation on Capitol Hill in Washington. Credit rating agency Standard & Poor's says it has downgraded the United States' credit rating for the first time in the history of the ratings. The credit rating agency says that it is cutting the country's top AAA rating by one notch to AA-plus. The credit agency said late Friday, Aug. 5, 2011 that it is making the move because the deficit reduction plan passed by Congress on Tuesday did not go far enough to stabilize the country's debt situation. (AP Photo/Jacquelyn Martin)(Credit: AP) Officials at Standard & Poor’s are downgrading the credit ratings of Fannie Mae and Freddie Mac and other agencies linked to long-term U.S. debt.
The agency says it has also lowered the ratings for: farm lenders; long-term U.S. government-backed debt issued by 32 banks and credit unions; and three major clearinghouses, which are used to execute trades of stocks, bonds and options.
All the downgrades were from AAA to AA+. S&P says the agencies and banks all have debt that is exposed to economic volatility and a further downgrade of long-term U.S. debt.
Officials at Standard & Poor’s say they will also indicate shortly how local and state governments will be affected by their decision on Friday to lower the long-term U.S. debt from AAA to AA+.
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Did Wells Fargo prey on black borrowers?
The Justice Department probes claims that the bank targeted minorities with sub-prime loans
FILE - In this Jan. 18, 2011 file photo, a customer exits a Wells Fargo bank branch in Los Angeles. Wells Fargo & Co. said Tuesday, July 19, 2011, its second-quarter profit rose 30 percent, boosted by a release of reserves set aside to cover souring loans as its customers continued to improve their loan and credit card payments. (AP Photo/Reed Saxon, file)(Credit: AP) Staggering findings have emerged about the vast extent to which minority households were worse hit by the housing market crash than white households, as we reported Tuesday. Now The Huffington Post is reporting that the Department of Justice is preparing a lawsuit against Wells Fargo, the nation’s largest home mortgage lender, for “allegedly preying upon African American borrowers during the housing bubble and steering them into high-cost sub-prime loans.”
Continue Reading CloseNatasha Lennard covers the Occupy movement for Salon. A British-born, Brooklyn-based journalist, she has been covering Occupy Wall Street since before the first sleeping bag was unrolled in Zuccotti Park. One of the first journalists arrested at an Occupy action, she has managed to enrage Andrew Breitbart, Rush Limbaugh and Glenn Beck. You can follow her on Twitter (@natashalennard), and email her any Occupy updates/videos/ideas to natasha.lennard@gmail.com More Natasha Lennard.
A record high wealth gap between whites and minorities
White households now have 20 times the wealth of black households and 18 times the wealth of Hispanic households
The wealth gap between whites and the nation’s two largest racial minority groups — blacks and Hispanics — has reached unprecedented levels since the housing market crash and the onset of the Great Recession. The median wealth of white households is 20 times that of black households and 18 times that of Hispanic households.
According to analysis by the Pew Research Center of newly available government data from 2009, the disparities in household wealth are the greatest since the government began tracking such data 25 years ago. The gulf separating white wealth from that of other groups is twice as wide as it was in the two decades prior to the financial crisis.
Continue Reading CloseNatasha Lennard covers the Occupy movement for Salon. A British-born, Brooklyn-based journalist, she has been covering Occupy Wall Street since before the first sleeping bag was unrolled in Zuccotti Park. One of the first journalists arrested at an Occupy action, she has managed to enrage Andrew Breitbart, Rush Limbaugh and Glenn Beck. You can follow her on Twitter (@natashalennard), and email her any Occupy updates/videos/ideas to natasha.lennard@gmail.com More Natasha Lennard.
Why did Bank of America escape prosecution?
An $8.5 billion settlement suggests they did something wrong, but the feds never went after them
Former Countrywide CEO, Angelo Mozilo Bank of America has agreed to settle with a group of high-profile investors for $8.5 billion for losses on mortgage-backed securities. A settlement of this size would seem to point to considerable wrongdoing by the bank. And yet, no criminal charges have been brought against Bank of America.
How could this be?
Charles R. Morris, a former banker and the author of “The Trillion Dollar Meltdown,” told Salon on Wednesday that while it is clear that BofA behaved with “no shame,” there are numerous reasons why the feds left the bank alone.
Continue Reading CloseNatasha Lennard covers the Occupy movement for Salon. A British-born, Brooklyn-based journalist, she has been covering Occupy Wall Street since before the first sleeping bag was unrolled in Zuccotti Park. One of the first journalists arrested at an Occupy action, she has managed to enrage Andrew Breitbart, Rush Limbaugh and Glenn Beck. You can follow her on Twitter (@natashalennard), and email her any Occupy updates/videos/ideas to natasha.lennard@gmail.com More Natasha Lennard.
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