Fumbling the Foreclosure Crisis

Remember when former President Bush landed on an aircraft carrier less than 2 months after the Iraq invasion while a banner unfurled to declare, “Mission Accomplished?”

President Obama hasn’t surrounded himself with the dramatic props, but he reminds me of his predecessor when he brags about how he and his administration have reformed the recklessness and lack of accountability of a seriously out of whack financial system.

Unfortunately for all of us, the bombs going off in the middle of what’s supposed to be a budding economic recovery keep reminding us that the system is as broken as ever.

We still have a system where the big banks play by one set of rules (that favor them) while the rest of us have to live by another set of rules.

The latest proof are the big banks' foreclosure follies, now unfolding across the country after it was revealed that bank officials were improperly submitting key documents in foreclosure cases without actually reading them in what has been labeled “robo-signing.”

Among the widespread irregularities: bank officials who claim to have verified how much borrowers owe when in fact they hadn’t determined the amount, documents related to the foreclosures with signatures that appeared to be forgeries and documents that were improperly notarized.

Lawyers who challenge foreclosures say this is not just a technical problem.

Because of the way mortgages were sliced and diced in the securitization process, these lawyers have uncovered a variety of problems in the foreclosure paperwork – most importantly. the inability to determine who exactly owns the mortgage at issue in a particular foreclosure. Banks, overwhelmed by the flood of foreclosures, have made serious mistakes – including illegally foreclosing on homes. In Florida, for example, a man paid cash for his house, but then Bank of America foreclosed on it anyway.

In the wake of the latest disclosures, a number of big banks have now halted some, but not all, foreclosures while they sort the mess out. There’s no help for those in some of the worst-hit states in the foreclosure crisis, such as California, which is known as a non-judicial foreclosure state.

Basically that means that under state law, lenders can foreclose on your property without going to court. So if you want to challenge your foreclosure you have to sue. But the laws are tough and lawyers in California have had little success in getting judges to block foreclosures. Judges have been reluctant to challenge the way big banks do their business on behalf of distressed borrowers behind on their mortgage payments.

The foreclosure fiasco points out the failure of the Obama administration to come up with a robust remedy, in part because banks have resisted government interference that would force them to acknowledge how much value their real estate holdings have lost. The administration’s foreclosure program, which offers meager incentives for banks to reduce payments for borrowers who are about to lose their homes, has been a dismal failure. President Obama failed to fight for his own proposal to give bankruptcy judges the power to adjust mortgage payments, which could have encouraged judges to modify more mortgages on their own. That proposal was defeated last year in the Senate in the face of bank opposition.

So we’re left with the spectacle of the banks that made their own rules in the real estate bubble continuing to make their own rules in how to deal with the collapse, still largely unaccountable to government officials or courts.

Now would be a good time for the president to get the message: asking nicely has not worked. Pretending to solve the problem hasn’t worked. It’s time to make the big banks play by the same rules everybody else has to play by.

If the president chooses not to get the message he won’t have the Republicans to blame. He’ll have nobody to blame but himself.

Bank of America (BoA) / Foreclosures / Martin Column / President Barack Obama - 10/04/2010

Money Never Sleeps

Oliver Stone’s sequel to his 1984 hit "Wall Street" opens as the Bubble is about to burst on a culture of material excess that makes Gordon Gekko’s 1980s cell phone – then a symbol of extravagance available only to the mega-rich – ridiculously quaint. Stone’s Wall Street circa 2008 is set in a New York constructed of light, with ubiquitous flat screens providing instantaneous, 24/7 updates on the status of global power and wealth. When the results of decades of speculation first hit the housing market and then the stock markets, the great titans of Wall Street start eating their own. But that was only an appetizer for the main course: the American taxpayer.

I really couldn’t enjoy the love story between Shia LaBeouf and money, much less the one between Shia and his girlfriend, who happens to be Gekko’s estranged daughter and thus presents a trading opportunity for the ambitious young man. As the movie traced the collapse of Bear Stearns and then the stock market into a pile of scrap paper, I got more and more angry.

In one scene, the silver-haired heads of the giant firms that run Wall Street – surrogates for Goldman Sachs, JP Morgan, Citigroup, etc. – cloaked in bespoke suits, are gathered around an ornate table in a wood-paneled conference room with one of their former colleagues, who is now the Secretary of Treasury (aka Hank Paulson), to discuss how much taxpayer money they need in order to stay afloat. Hundreds of billions of dollars are referred to in single digits. The consensus, quickly obtained, was “seven.” It was like the Godfather movies, when the heads of the Families would convene to handle some event that threatened their criminal way of life.

I found myself remembering the scene, in the third Godfather, when small-time hood Joey Zasa locked the conference room doors from the outside, trapping the heads of the Families inside so they could be slaughtered by his assasins.

The nation hardly needs Oliver Stone’s portrayal of the markets as organized crime to stoke people’s recollection of what the debacle did to our economy and our kids’ futures. Our anger has reached a white hot point that, like the sun in a magnifying glass, is now being directed against public officials all over the country. “Money never sleeps” is Gordon Gekko’s new mantra, and vast sums of money are flowing into the political process to influence the November elections - largely an attack on incumbent Democrats in Congress.

But where was all this money back in the third week of September, 2008, when the Bush Administration’s three page proposal to bail out Wall Street with billions in taxpayer money was presented to Congress along with the threat that the United States would collapse if it wasn’t approved on the spot?

In what I must acknowledge was a serious overestimation of the impact one citizen could have at such a moment, I flew to Washington, D.C. on Tuesday, September 23, 2008, thinking I might be able to draw someone’s attention to the sheer lunacy of what was being proposed. Joan Claybrook, the President of Public Citizen, and I held a news conference just outside the House Banking Committee hearing room, where the plan was being presented by the Bush Administration. We were like two voices whispering in a hurricane. Later, I met with members of the California congressional delegation who were in shock and ready to do the bailout deed forthwith. Ok, I said, at least require disclosure of how our money was spent and a quid pro quo: that the companies receiving taxpayer dollars could not loan them back to us for more than a few percentage points profit. The legislators responded to the interest rate cap as if I had proposed that they resign from Congress.

It would have been nice back then if there had been a hugely funded campaign backed by angry Americans telling Congress not to act hastily or stupidly. But in fact, the big money we are seeing now in American politics is not from the grassroots, but from the same greedy folks who caused the debacle in the first place or who profited from the bailout. According to US News and World Report, business and conservative backed organizations are behind the  “independent expenditure” campaigns that are targeting Democrats and outspending them two to one. A recent article in the New Yorker uncovered two extremist billionaire brothers funneling over $100 million from their family oil business into Tea Party non-profits. Long-time big business Republican operatives like Karl Rove (now running a group called "American Crossroads") and Dick Armey ("FreedomWorks") are supplying more than tea for the new tea party.

The sudden resurgence of interest in politics on Main Street would be cause for great celebration, and the opportunity for real change, as citizen leader Jamie Court writes in his new primer on political activism: “The Progressive’s Guide To Raising Hell.” Instead, it’s just another dismaying example of big money corrupting our political system. If it succeeds, get ready for more speculation, more bubbles, and more pain for the average American.

"Greed is good," Gekko said back in the day, but Wall Street needs to own Washington, and Wall Street is already projecting victory in November.  Commenting on the rise of the Dow in September, an analyst said, "’There is a good chance that the strength we have seen in the market recently is due partly to an expectation about the result of the election... Investors are starting to understand that a likely result of this election is gridlock, and that is good."

Harvey Column / Outrage - 10/03/2010

Financial Firm Finds Profit Center in Fallen Warriors

When it comes to battling the fine print that rules the financial realm, the nation’s military families have been taking a beating.

And the government officials who were supposed to be protecting the solders have been MIA.

Earlier this summer I wrote about how members of the military mobilized in a losing effort to have the nation’s auto dealers covered by the newly created Consumer Financial Protection Agency.

The nation’s military was no match for the lobbying firepower of 18,000 well-organized car dealers.

Now, thanks to Bloomberg News, we’ve learned how top Obama administration officials signed off on a secret deal that allowed the country’s second biggest life insurance company to make millions of dollars off life insurance policies for the families of deceased veterans.

It turns out that in 1999, authorities made a verbal agreement with Prudential Life to allow them to withhold the lump-sum life insurance payments the company was supposed to hand over to some 6 million veterans’ families. Instead, the life insurer were permitted to offer the survivors a checkbook, which amounted to an IOU known as “retained-asset accounts.” Meanwhile, the insurer would deposit the lump sum into its own accounts earning eight times as much in interest from the settlements as they paid to the military families.

What’s worse, those accounts weren’t even insured by the Federal Deposit Insurance Corporation.

So what happened when the Obama administration discovered the shameful deal?

Remember, this wasn’t the Bush administration, that believed that the best way to protect consumers was to let financial institutions run amok. These were Obama people, who had been sobered up by the financial collapse, who knew the dangers that lurked when financial deals were done in the dark, who promised to toughen financial regulations.

Did the Obama administration jump in and call the whole disgraceful thing off? Hardly. Bloomberg found that Obama administration officials in 2009 turned what had been a verbal agreement into a written one. Though a committee filled with top administration officials, including Timothy Geithner, was supposed to be monitoring government life insurance programs, when the committee actually had a meeting, those officials didn’t bother to show up.

Since Bloomberg revealed the deal earlier this summer, more than 10 years after it was struck, elected officials have leaped into action to condemn Prudential’s actions and demand investigations. While the Obama administration didn’t make the original deal, they formalized it rather than calling it off. It’s another unfortunate example of the Obama administration going soft while the financial industry takes advantage of consumers.

But they have the opportunity to make it right. It will be tough. The administration would have to admit a mistake. As of June 30, Prudential had made $662 million in interest off the lump-sum settlements.

Prudential has offered a pathetic paternalistic excuse, saying the company was actually helping emotionally distraught families by withholding their money during their time of grief.

The Obama administration should demand that Prudential return that windfall to veterans’ families. The company can certainly afford it. It received $4.5 billion last December when it got out of a securities brokerage joint venture with Wells Fargo. Since posting a $1.6 billion loss in the fourth-quarter of 2008, the company has recovered nicely, posting seven quarterly profits, most recently for more than $1 billion. The company’s stock posted a whopping 64 percent gain last year. The company’s CEO, John Strangfeld, is doing OK too, with total compensation of $18.4 million in 2009, though that was down from his 2008 payday, which amounted to $21.6 million.

President Obama has taken some admirable steps to improve veterans’ care after years of Bush era neglect. He should do the right thing and make Prudential turn over the profits it made from the nation’s war dead to their families.

Martin Column / Outrage / President Barack Obama - 10/01/2010