Archive for Mortgage Fraud

Elizabeth Warren Reads Riot Act to Holder for Not Prosecuting Big Bank Mortgage Fraud

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Elizabeth Warren gobsmacked

Today the Justice Department filed a lawsuit against the Texas voter ID law. That is welcome news, and it's great to see Attorney General Holder step up like that. However, he needs to be equally aggressive with prosecuting bank mortgage fraud.

Your Daily Dose of BuzzFlash at Truthout, via my pal Mark Karlin:

Okay, so Senator Warren actually wrote a polite, detailed letter to Attorney General Holder. There was no shouting or acrimony. [...]

It may be professional in tone, but Warren's letter is a direct challenge to the criminal impunity and limited fines that the DOJ has provided to Wall Street and their multiple schemes to defraud both mortgage borrowers and investors.

The Huffington Post featured the letter, which bluntly states:

I am concerned that this might be yet another example of the federal government's timid enforcement strategy against the nation's largest financial institutions. I believe that if DOJ and our banking regulatory agencies prove unwilling over time to take the big banks to trial or even require admission of guilt when they cheat consumers and break the law -- either out of timidity or because of a lack of resources -- then the agencies lose enormous leverage in settlement negotiations.

There are a number of federal agencies involved in the lax regulation and minimal punishment (no jail time) of the financial industry for its role, particularly in the creation of a toxic subprime mortgage scam that played a key role in the economic collapse that burst open in the autumn of 2007.  [...]

However, some readers have written e-mails blaming mortgage borrowers for their own plights.  This may be accurate in some cases, but the massive defaults that have occurred have come from so many different kinds of lending fraud that it is difficult for the average consumer of news to keep up with them.  And it is proven that minority communities were targeted for fraud and manipulation by lenders.

To name just a few, banks targeted minority communities for second "balloon" mortgages without fully disclosing the terms or expanding mortgage payments.  Banks re-possessed homes through robo-signing of foreclosure notices without examining if the houses were actually behind in payments or the details of the chain of ownership.  Bank employees were told not to speak publicly about the deceptive practices employed to push usurious lending.   Banks would make "adjustment" agreements with some under the water homeowners only to sell blocks of mortgages to secondary lenders who wouldn't honor the agreements and, instead, sold the foreclosed homes and properties to investors such as the Blackstone Group. Even investors were not fully informed of the risks of bundled mortgages. [...]

One key factor that Warren alludes to is that by not appropriately applying legal sanctions against those who abused the mortgage system, citizens are left to think that the mortgage holders are solely at fault, because the DOJ is protecting the mortgage lenders rather than those struggling to save their houses, families and dreams from predatory and deceptive practices.

Please read the entire post here.

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Bank of America whistle-blower’s bombshell: “We were told to lie to customers."

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whistleblower warning

David Dayen is a freelance writer based in Los Angeles. He's great at his job, so I suggest following him on Twitter, as I do, at @ddayen.

He has a bombshell piece up at Salon that is a must-read:

Bank of America’s mortgage servicing unit systematically lied to homeowners, fraudulently denied loan modifications, and paid their staff bonuses for deliberately pushing people into foreclosure: Yes, these allegations were suspected by any homeowner who ever had to deal with the bank to try to get a loan modification – but now they come from six former employees and one contractor, whose sworn statements were added last week to a civil lawsuit filed in federal court in Massachusetts. [...]

These Bank of America employees offer the first glimpse into how they pulled it off. Employees, many of whom allege they were given no basic training on how to even use HAMP, were instructed to tell borrowers that documents were incomplete or missing when they were not, or that the file was “under review” when it hadn’t been accessed in months. Former loan-level representative Simone Gordon says flat-out in her affidavit that “we were told to lie to customers” about the receipt of documents and trial payments.

See what I mean?

Now about those arrests, prosecutions, and prison sentences...

Read the full affidavits from the active court case here and the rest of David's post here.

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