robo-signing

The Federal government and the Attorneys General from 49 states have signed a deal with five major banks over charges of fraud, including reported acts of widespread perjury and forgery, in the so-called “robo-signing” scandal.

A few days ago we suggested that any deal be scored against five basic principles: openness, justice, restitution, deterrence, and reconciliation. It's clear that this deal falls short in every category. The best thing that can be said about it is that, thanks to a few tough holdouts led by New York AG Eric Schneiderman, it now allows additional civil and criminal investigations to proceed.

That's far from nothing, and it could be a big deal. But it will only be a big deal if the Administration stops coddling banks and devotes a lot more resources to helping homeowners and upholding justice.

Up to now, the fight has been to prevent the Administration from doing another cushy bank deal. Now that the door's been left open to further action, there's a new fight: to demand that they devote the Federal government's resources to investigating Wall Street crime.

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A Missouri grand jury handed down multiple felony indictments for foreclosure fraud on Monday. That's the same kind of crime being negotiated in nationwide settlement talks with America's big banks. If people can be indicted for doing it, why should bankers be allowed to write a check and walk away?

"Robo-signing" is the nickname that's been given to the practice of hiring large groups of inexperienced workers (they called them "Burger King Kids" at JPMorgan Chase) to file false statements with local courts in order to process foreclosures. In a typical "robo-signing," someone who sign a statement testifying that they had personally reviewed documents that prove the bank has title to a home that's being foreclosed - and might do that many times every hour. That's either perjury or forgery, depending on the way in which the robo-signing was done.

Forgery and perjury are serious crimes. It's an even more serious crime to ask others to do it for you.

Banks, and some friendly and lazy journalists, were quick to dismiss the whole issue as a "paperwork problem." If robo-signing is a "paperwork problem," then the St. Valentine's Day Massacre was a "misplaced bullet problem." more »

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I frequently disagree with Megan McArdle, but her WikiLeaks post yesterday on struck me as simply delusional. The basic argument: megabank financiers haven’t committed any crimes, because if they had, we’d already know about it. There’s a kind of efficient-market-hypothesis ring to this, and like the efficient-market-hypothesis, it has no basis in reality. more »

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A rather nauseating statement from a Government Accountability Office report on foreclosures: more »

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Yesterday, The New York Times ran an editorial opposing a new Federal Reserve proposal to eliminate predatory lending penalties. more »

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The so-called “centrists” at Third Way Foundation have come out against a national foreclosure moratorium, but like many of Third Way’s policies, there’s nothing centrist about their opposition. more »

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The bank lobby is spreading a host of silly myths about the foreclosure fraud outbreak in an effort to downplay the scandal and minimize concerns over potential bank losses that have emerged in the blogosphere. Housing Wire’s Paul Jackson spouts most of them in his post today. more »

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