ADAM LEVITIN | Shakedown or Bailout? The Mortgage Servicing Settlement - FORECLOSURE FRAUD

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ADAM LEVITIN | Shakedown or Bailout? The Mortgage Servicing Settlement

ADAM LEVITIN | Shakedown or Bailout? The Mortgage Servicing Settlement

posted by Adam Levitin
.

How’s this for contrasting interpretations:  the AGs’ proposed mortgage servicing settlement is being termed both a “shakedown” (WSJ editorial page) and a “bailout.” (Jesse Eisinger at ProPublica–ok, he uses the word “gift”, but still).

Wow.  That’s some divergence in characterization of an incomplete term sheet.

I think both of these interpretations miss the mark, as neither really gets what a settlement is.  A settlement is a voluntary contract and represents compromises by both sides in order to avoid uncertain litigation outcome.  The WSJ’s interpretation is just nuts–the cheerleaders for freedom of contract are complaining about the price of a contract offer.  Addressing Eisinger’s bailout charge is more complex.  Details below the break.


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One Response to “ADAM LEVITIN | Shakedown or Bailout? The Mortgage Servicing Settlement”

  1. Eugene Villarreal says:

    It’s a quasi-bailout because there will be no penalties or sanctions of any kind as in the New Jersey’s Order To Show Cause.

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