Mortgage Crisis

The bungled politics of bank bashing

The federal government finally accuses Wall Street of mortgage fraud, and then buries the news

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The bungled politics of bank bashingPresident 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

Andrew Leonard is a staff writer at Salon. On Twitter, @koxinga21.

Reports: US to sue big banks over risky mortgages

Federal Housing Finance Agency could file suit over misclassified mortgages within days

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Reports: US to sue big banks over risky mortgagesIn 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

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S&P downgrades Fannie Mae and Freddie MacFILE - 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

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Did Wells Fargo prey on black borrowers?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.”

The DOJ action — currently in pre-lawsuit negotiations as the bank hopes to settle and avoid a public lawsuit — is not the first instance of discrimination allegations brought against Wells Fargo. In an ongoing case, the city of Baltimore is also charging that predominantly black neighborhoods were targeted, even though the bank knew that borrowers in these areas were likely to default ultimately. (Defaults in these instances didn’t matter to the mortgage lending giant, since the loans had been sold on to investors). Wells Fargo denies the accusations.

“We’re a majority African American community, and there are people in this city who take great offense when institutions take advantage of a community’s historical lack of access to credit, and in some cases lack of sophistication, by putting them in loans they can’t afford,” George Nilson, Baltimore’s city solicitor, told HuffPo. A judge has also allowed a similar discrimination lawsuit brought by the city of Memphis to proceed against the bank.

Wells Fargo also last week agreed to pay $85 million to settle civil charges that it falsified loan documents and pushed borrowers toward sub-prime mortgages with higher interest rates during the housing boom. The fine was the largest ever imposed by the Federal Reserve in a consumer-enforcement case.

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Natasha 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

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

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A record high wealth gap between whites and minorities

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.

“The bursting of the housing market bubble in 2006 and the recession that followed from late 2007 to mid-2009 took a far greater toll on the wealth of minorities than whites,” reports the study. Hispanics were hardest hit by the housing meltdown because they are concentrated in areas that suffered the biggest depreciation in home values — Arizona, California, Florida and Nevada.

As a result of declines in wealth, “the typical black household had just $5,677 in wealth (assets minus debts) in 2009, the typical Hispanic household had $6,325 in wealth and the typical white household had $113,149.”

Furthermore, according to the study “the stock market rebound since 2009 is likely to have benefited white households more than minority households,” since a much higher share of whites than blacks or Hispanics own stocks; and while the stock market has recaptured much of its value, the housing market remains in a slump.

The study looked specifically at wealth, defined as the accumulated sum of assets, (houses, cars, savings and checking accounts, stocks and mutual funds, retirement accounts, etc.) minus the sum of debt (mortgages, auto loans, credit card debt, etc.). Measured this way, wealth can give a fuller picture of financial status than simply relying on household income. And since wealth can be passed down through generations — while annual income can’t — the gulfs in wealth shown in the Pew study also highlight a problem with potentially long-term consequences for inequality.

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Natasha 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

Why did Bank of America escape prosecution?

An $8.5 billion settlement suggests they did something wrong, but the feds never went after them

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Why did Bank of America escape prosecution?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.

For instance, unlike in a case of insider trading, when the guilty party is caught red-handed on the phone, “it’s really hard to make these criminal cases stick and if you really want to get the top guy, it will take forever,” Morris said.

“You don’t have a clean smoking gun,” he explained. “It seems to me that Goldman Sachs was pretty much the only competent bank, in that when they took a view, they really took it and managed it up and down the institution.” But proving “intent” at the top can be problematic.

Even with a case like Bear Stearns — where there seems to be ample grounds for a criminal case (email trails that have come up in lawsuits that have reached discovery and Senate investigations show clear instances of fraud) — criminal charges might not stick, Morris noted.

The desire of the federal government to follow up with criminal charges is relevant, too. When it came to bringing charges against Enron’s Jeff Skilling and Ken Lay, the FBI worked very hard indeed, but “they haven’t done that here,” Morris said. “The federal government was confused over whether they wanted to save or punish the banks. They’ve decided to save them.”

“The settlement is actually pretty modest considering the losses involved,” he said. “The Wall Street Journal said the investors held securities originally valued over $100 billion, which I think is a bit steep. But on the Wall Street Journal figures, if they’re settling for 8.5 percent of what the investment was originally worth, it’s pretty modest.”

Morris explained that the settlement was won by 22 investors — including the giant money manager BlackRock Inc. and the insurer MetLife Inc. — who jointly share 25 percent of a securities trust. This was a group, therefore, with considerable power. And there is ample evidence that Countrywide broke all kinds of contractual obligations.

“I believe this will become a template for settlements,” said Morris, noting that attorney Talcott Franklin is already bringing together a second settlement group of smaller investors — around 500 of them — with another joint 25 percent stake in the BofA trust.

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Natasha 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

Page 2 of 21 in Mortgage Crisis