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Tag Archive | "CFPB"

John Walsh explains all – horizontally

John Walsh explains all – horizontally


National Mortgage News- By John Walsh

First of all, the problems we found were extensive. Our reviews found significant weaknesses in foreclosure governance and document preparation: improper affidavits were submitted and documents were notarized improperly. Servicers devoted insufficient financial, staffing and managerial resources to foreclosure processing. Third party providers of foreclosure-related services, including outside law firms, were not adequately supervised, and, in a limited number of cases, servicers failed to ensure proper endorsement of promissory notes or mortgage documents.


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Senate Report on Meltdown Under Justice Department Review

Senate Report on Meltdown Under Justice Department Review


BLOOMBERG-

The Justice Department is reviewing a report by a U.S. Senate panel that said Goldman Sachs Group Inc. (GS) misled clients about the firm’s bets on securities tied to the housing market, according to Attorney General Eric Holder.

Holder told the House Judiciary Committee at a hearing today that the department is reviewing the April report by the Senate Permanent Subcommittee on Investigations, led by Senator Carl Levin, a Michigan Democrat. Holder didn’t say which aspects of the report, which probed the causes of 2008 financial crisis, are under review


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WSJ | Bank Group’s Chief Expects Elizabeth Warren’s Nomination Soon

WSJ | Bank Group’s Chief Expects Elizabeth Warren’s Nomination Soon


Wall Street Journal-

The White House isn’t saying much about whether Harvard law professor and consumer advocate Elizabeth Warren will be named to lead the new Consumer Financial Protection Bureau.

But the head of a key banking industry group believes it will happen soon.

Camden Fine, president and chief executive of the Independent Community Bankers of America, said Monday that he sees a “better than even chance” that President Barack Obama will nominate Ms. Warren to lead the new bureau.


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Banks Rush to Improve Foreclosure Practices,

Banks Rush to Improve Foreclosure Practices,


Tic Toc, Tick Toc,

Tic Toc…

Wall Street Journal-

“We’re not happy” with the time it takes to give borrowers an answer, said Christine Larsen, head of operations for retail financial services at J.P. Morgan, who is responsible for implementing the consent orders. The bank is trying to speed response times by setting new customer-communication deadlines.

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Why We Regulate — and Why John Walsh Needs to Resign

Why We Regulate — and Why John Walsh Needs to Resign


HuffPO-

Regulatory agencies exist to protect the public, not the corporations they regulate. The head of the Office of Comptroller of the Currency doesn’t seem to understand that. But that’s not why John Walsh needs to resign.

The OCC was created to stabilize the economy, make it easier to conduct trade, and protect people’s savings. It didn’t do that. In fact, it ignored the warnings raised by others. But that’s not why John Walsh needs to resign.


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Internal emails indicate Deutsche Bank knew they were bankrolling toxic mortgages by Ameriquest and others

Internal emails indicate Deutsche Bank knew they were bankrolling toxic mortgages by Ameriquest and others


iWatch

In 2007, the report says, Deutsche Bank rushed to sell off mortgage-backed investments amid worries that the market for subprime loans was deteriorating.

“Keep your fingers crossed but I think we will price this just before the market falls off a cliff,” a Deutsche Bank manager wrote in February 2007 about a deal stocked with securities created from raw material produced by Ameriquest and other subprime lenders.

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Jamie Likes It, The New Consumer Bureau That Is

Jamie Likes It, The New Consumer Bureau That Is


We have to question if this has anything to do with the  White House Considering Sarah Raskin or Jennifer Granholm To Head Consumer Financial Protection Bureau?

From NY Times DealBook

Jamie Dimon, it turns out, has a soft spot for the government’s new consumer financial bureau.

“We need to create a Consumer Financial Protection Bureau that is effective for both consumers and banks,” Mr. Dimon, chief executive of JPMorgan Chase, said in his April 4 letter to shareholders.

Yes, this is the same Mr. Dimon who last month complained that various new rules facing Wall Street “would damage America.” And it is the same JPMorgan that (unsuccessfully) lobbied lawmakers to kill plans for an independent consumer financial agency.


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Merrill Lynch Lawyer Told Eliot Spitzer: “Be Careful, We Have Powerful Friends”

Merrill Lynch Lawyer Told Eliot Spitzer: “Be Careful, We Have Powerful Friends”


Spitzer to Holder: Prosecute Goldman Sachs or Resign

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Letting the Banks Off the Hook

Letting the Banks Off the Hook


NY Times – Joe Nocera

Judging by last week’s performance, it sure looks as though the country’s top bank regulator is back to its old tricks.

Though, to be honest, calling the Office of the Comptroller of the Currency a “regulator” is almost laughable. The Environmental Protection Agency is a regulator. The O.C.C. is a coddler, a protector, an outright enabler of the institutions it oversees.

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Foreclosure Probe Talks Said to Yield Some Agreements With Banks

Foreclosure Probe Talks Said to Yield Some Agreements With Banks


BLOOMBERG

It may take at least two months to reach a final agreement, said the person, who declined to be identified because the talks are private. An accord remains out of reach because states want principal reductions for borrowers, which is more than banks agreed to in deals reached with U.S. regulators last week, said Allison Schoenthal, a lawyer at Hogan Lovells in New York.

“Principal reductions I don’t think are going to be agreed to by banks, and I don’t think the banks see a need for a penalty when, in their view, they haven’t done anything wrong,” said Schoenthal, who represents lenders and servicers and isn’t involved in the talks.

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Why The Attorneys General Should Not Settle W/Out Principal Reductions

Why The Attorneys General Should Not Settle W/Out Principal Reductions


Why they should be FORCED.

Take this home for example. It was originally sold for $289,000.

Prior to Final Judgment, property had two (2) assignments of mortgage for two entities same robo-signer for both via MERS.

At auction it was sold for a MAJOR discount at approx. 75% off. to Indymac via LPS Minnesota address in 2010. We know Indymac has been shut down way before this time.

Why couldn’t they work a deal like this when this person whom I personally know tried over and over to get a modification AT THE TIME?

They had a good job then and still have a good job today.

So why do they not want to work with the borrowers and reduce the principal to reflect today’s REAL and TRUE appraisal of the property?

Make sure you follow the transactions to understand what happened and why it makes no sense where this goes.

Now Here comes more funny business:

Still following?

  • Property was Quit Claimed/Transferred To Freddie Mac for $100.00 (prepared by David Stern) but consideration shows only $10.00.
  • Property then sold for $3900.00 more 13 days later $78,000
  • SAME day flipped for $150,000
  • Previous records are all gone [compare both images]

Don’t forget…

IS LPS’s Aptitude Solutions Software In Your County Courts & Land Records???

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[VIDEO] Sen. Levin Grills Goldman Sachs Exec On “Shitty Deal” E-mail

[VIDEO] Sen. Levin Grills Goldman Sachs Exec On “Shitty Deal” E-mail


VIA:

Senator Carl Levin (D-MI) and former Goldman Sachs Mortgages Department head Daniel Sparks, Senate Governmental Affairs Subcommittee on Investigations hearing, April 27, 2010

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Dylan Ratigan with Louise Story of NY Times “Can We Trust The Regulators?”

Dylan Ratigan with Louise Story of NY Times “Can We Trust The Regulators?”


Dylan Ratigan with special guest New York Times’ Louise Story, discussing the 600+ page report uncovering Goldman Sachs scheme to defraud investors. According to Bloomberg, The U.S. Justice Department and regulators will have to determine whether employees and executives of Goldman Sachs Group Inc. violated any laws when they traded securities tied to the housing market and testified to Congress about the transactions, Senator Carl Levin said.

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FED Foreclosure Fraud Settlements Make It Harder For AGs / Obama To Force Banks Into Principal Reductions

FED Foreclosure Fraud Settlements Make It Harder For AGs / Obama To Force Banks Into Principal Reductions


Prashant Gopal- Bloomberg

While the attorneys general proposed many similar terms last month, banking regulators didn’t include any requirements for lowering mortgage debt. That may hinder Iowa Attorney General Thomas J. Miller as he leads a group of state officials working with the administration to require lenders to evaluate loan cuts for some borrowers whose homes are worth less than their mortgages.

“I have always been pretty skeptical about the ability of principal reductions to get you much,” said Mark A. Calabria, director of financial-regulation studies at the Cato Institute, a public-policy research group in Washington. “I think we will look back and say this was the death knell.”


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Regulators Take Light-Touch Approach Towards Banks For Homeowner Abuses

Regulators Take Light-Touch Approach Towards Banks For Homeowner Abuses


Question: Wonder what the regulators thought of when they watched 60 Minutes broadcast of LPS, DOCX and Servicer fraud on national tv with over 12 million viewers?

Just see what the number one popular post has been on this site since the airing of it or do a simple google search like 60 Minutes Docx or 60 Minutes LPS and you’ll see SFF is the first site that comes up. We’re no fools and believe me the entire globe has tuned in, including the regulators.

Shahien NasiripourHuffington Post

The nation’s 14 largest mortgage firms must compensate wronged homeowners after federal bank regulators determined the companies broke federal and state laws by improperly foreclosing on an incalculable number of distressed borrowers. The agencies announced such penalties Wednesday, the first in what is likely to be a series of enforcement actions targeting the country’s biggest banks and costing them billions.

Lenders like Bank of America, JPMorgan Chase, Wells Fargo, Citigroup and Ally Financial systematically broke rules and took shortcuts when foreclosing on homeowners last year, the regulators said. Their three-month review launched after documents and videos of so-called robo-signers — people who signed thousands of foreclosure documents a day without reading them or knowing what was in them — surfaced, leading the biggest banks to halt home seizures.

Bank examiners found the firms employed practices that “failed to conform to state legal requirements.” In other words, they broke the law.


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Banks Must Pay Victims of Botched Foreclosures, Regulators Say (Why aren’t Courts ordering this?)

Banks Must Pay Victims of Botched Foreclosures, Regulators Say (Why aren’t Courts ordering this?)


BLOOMBERG

The 14 largest U.S. mortgage servicers must pay back homeowners for losses from foreclosures or loans that were mishandled in the wake of the housing collapse, according to a consent decree released today.

The agreement between the servicers and U.S. regulators imposes more substantial penalties than early reports of the deal indicated. It could also help the U.S. Justice Department determine the size and scope of any future fines for the flawed practices, regulators said.

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OCC-BANKER-MERS-LPS FORECLOSURE FRAUD SETTLEMENT CONSENT ORDERS

OCC-BANKER-MERS-LPS FORECLOSURE FRAUD SETTLEMENT CONSENT ORDERS


Hear No Evil, See No Evil, Speak No Evil


The banks didn’t admit or deny regulators’ findings, according to the orders.

From Fed Press Release:

The Federal Reserve will closely monitor progress at the firms in addressing these matters and will take additional enforcement actions as needed.

In addition to the actions against the banking organizations, the Federal Reserve on Wednesday announced formal enforcement actions against Lender Processing Services, Inc. (LPS), a domestic provider of default-management services and other services related to foreclosures, and against MERSCORP, Inc. (MERS), which provides services related to tracking and registering residential mortgage ownership and servicing, acts as mortgagee of record on behalf of lenders and servicers, and initiates foreclosure actions. These actions address significant compliance failures and unsafe and unsound practices at LPS and its subsidiaries, and at MERS and its subsidiary. The action requires LPS to address deficient practices related primarily to the document execution services that LPS, through its subsidiaries DocX, LLC, and LPS Default Solutions, Inc., provided to servicers in connection with foreclosures. MERS is required to address significant weaknesses in, among other things, oversight, management supervision, and corporate governance. The LPS action is being taken jointly with the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, and the Office of Thrift Supervision, while the MERS action is being taken jointly with those agencies and the Federal Housing Finance Agency.

The Federal Reserve Board based its enforcement actions on the findings of the interagency reviews of the major mortgage servicers, LPS, and MERS. A summary of the findings from the reviews of the mortgage servicers is available in the Interagency Review of Foreclosure Policies and Practices, which is simultaneously being released by the Federal Reserve Board and the other agencies.

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ADAM LEVITIN | The Value of Rule of Law: 20 Basis Points

ADAM LEVITIN | The Value of Rule of Law: 20 Basis Points


Credit Slips.org

The rule of law is not even worth 20 basis points.  That’s the ultimate message in a recent paper by Charles Calomiris, Eric Higgins, and Joseph Mason evaluating the proposed AG mortgage servicing settlement. Calomiris et al. estimate that the settlement will raise mortgage costs at least 20bps, and they think that’s too much.

Recognize what they’re really saying:  that 20-45bps is too high a price to pay for the rule of law. They value the rule of law at less than 20bps. At present conversion rates, that’s about 30 shekels of silver.

The whole Calomiris et al. document is rather strange, as it’s hard to do any serious evaluation of the settlement without knowing the terms. We’ve seen a proposed servicing standards term sheet from the AGs and we’ve seen a CFPB analysis of disgorgement of wrongful profits and the costs of potential principal reductions, but it’s way premature to attempt any sort of real evaluation of a settlement. Unless, of course, the goal is not a serious evaluation of a settlement, but an attempt to forestall a settlement. Which is what this paper is.

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Written Testimony of Adam J. Levitin Before the House Financial Services Committee Subcommittee on Financial Institutions and Consumer Credit

Written Testimony of Adam J. Levitin Before the House Financial Services Committee Subcommittee on Financial Institutions and Consumer Credit


Written Testimony of
Adam J. Levitin
Associate Professor of Law
Georgetown University Law Center

Before the House Financial Services Committee
Subcommittee on Financial Institutions and Consumer Credit

“Legislative Proposals to Improve the Structure of the Consumer Financial Protection
Bureau”

.

.

[click image]

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White House Considers Sarah Raskin, Jennifer Granholm To Head Consumer Financial Protection Bureau

White House Considers Sarah Raskin, Jennifer Granholm To Head Consumer Financial Protection Bureau


(Reuters) – The White House is considering Federal Reserve Governor Sarah Raskin and former Michigan Gov. Jennifer Granholm to head a new agency charged with protecting consumers of financial products, a source aware of the process said on Tuesday.

The consumer protection body will have broad powers to rein in abuses in the financial industry and was created in response to the aggressive and sometimes predatory lending practices that contributed to one of the worst financial crises in U.S. history in 2007-2009.

However its creation has been tarnished by a months-old logjam over who should head the agency. Law professor Elizabeth Warren, an outspoken consumer advocate and harsh critic of industry practices who had championed the bureau’s establishment, had been a leading candidate to run it but was seen as too confrontational to industry to overcome objections from Senate Republicans.

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Ex-Goldman Banker Behind WSJ ‘Smear Campaign’ Against Elizabeth Warren

Ex-Goldman Banker Behind WSJ ‘Smear Campaign’ Against Elizabeth Warren


[Make sure you catch the audio below]

.

WASHINGTON — A Wall Street Journal editorial writer who has been closely involved with the paper’s recent attacks on Elizabeth Warren is a former Goldman Sachs banker. The same editorial writer, Mary Kissel, is readying another piece critical of Warren and the new consumer agency, according to a source familiar with the coming article.

Like most major newspapers, the Journal does not disclose the authors of its editorials. Kissel recently appeared on the John Batchelor radio show as a representative of the Journal‘s editorial board do discuss Warren, and repeated the main arguments used in the editorials.

Listen to the Audio:

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ADAM LEVITIN | The Foreclosure Fraud Settlement

ADAM LEVITIN | The Foreclosure Fraud Settlement


posted by Adam Levitin
.

The inter-regulator fight over the proper parameters of a foreclosure fraud settlement are really highlighting the changes in the financial regulatory world.  What we’re told is that the OCC and Fed are urging a weak settlement, while FDIC, the state AGs, and the Consumer Financial Protection Bureau (CFPB) are pushing for a serious settlement.

Parts of this line up look quite familiar, but parts are new and exciting.

There’s nothing new or surprising about the OCC protecting (rather than regulating) the banks. Similarly, it’s not surprising to see the Fed back the banks, although, the Fed tends to be less gung-ho than OCC in these matters (and I would note that there isn’t necessarily unanimity within any agency on these issues). It’s also no surprise to see the state AGs on the other side, pushing for regulation. Gosh, this just sounds like a Wachovia v. Watters redeux (one of OCC’s most shameful moments in recent years—putting its preemption agenda ahead of consumer protection in the mortgage space. Now where did that get us?)

Continue reading … Credit Slips

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