WASHINGTON, Feb 9 (Reuters) - Five big U.S. banks
accused of abusive mortgage practices have agreed to a $25 billion government settlement that may help roughly one million
borrowers but is no magic bullet for the ailing housing market.
Thursday's announcement brings an end to 16 months of negotiations that culminated in a tense week of round-the-clock
dealmaking. The result is a record state-federal settlement that
will deliver wide, but not deep, relief to U.S. homeowners.
The deal, to be spread out over three years, requires the
banks to cut mortgage debt amounts and extend $2,000 payments to
borrowers who lost their homes to foreclosure.
It will also release the banks - Bank of America Corp, Wells Fargo & Co, JPMorgan Chase & Co, Citigroup Inc and Ally
Financial Inc - from civil government claims over faulty
foreclosures and the mishandling of requests for loan
modifications.
But the banks still face a host of other potential
government enforcement actions and investor lawsuits related to
their packaging of home loans into securities, and other
mortgage-related activities.
"The bottom line about this settlement, is it's okay, it's a
step forward, it's a step in the right direction. But let's not
kid ourselves, there's a hell of a lot more that needs to be
done," said Ira Rheingold, executive director of the National
Association of Consumer Advocates.
California, the state that has suffered around one-third of
the country's foreclosures in the past few years, will receive
an outsized portion of the relief, some 45 percent, after its
attorney general held out for a better deal.
And Bank of America, the bank with the most liability from
the fallout of the housing crash, will pay the lion's share of
the settlement - $11.8 billion of it.
Home values have dropped 33 percent from a 2006 peak that
was fueled by generous loans, often to people with dubious
credit records, and nearly 11 million Americans now owe more
than their homes are worth.
The housing settlement gives President Barack Obama, as he
seeks re-election in November, a chance to show his
administration is willing to get tough with big banks to help
ordinary Americans survive the pain of the nation's foreclosure
crisis.
"We have reached a landmark settlement with the nation's
largest banks that will speed relief to the hardest hit
homeowners in some of the most abusive practices of the mortgage
industry and begin to turn the page on an era of recklessness
that has left so much damage in its wake," Obama told a news
conference on Thursday.
The settlement is one piece of a larger package of relief
efforts the administration hopes will boost the housing market,
after prior programs to modify loans fell short of expectations.
RELIEF BREAKDOWN
The deal with 49 states and federal agencies, including the
U.S. Justice Department and the Department of Housing and Urban
Development, is being billed as the largest federal-state
settlement ever obtained.
The investigation started after evidence emerged late in
2010 that banks robo-signed thousands of foreclosure documents
without properly reviewing paperwork.
The five lenders involved in the deal serviced 56 percent of
all loans last year, according to Inside Mortgage Finance data.
Under the settlement, roughly 750,000 borrowers who lost
their homes to foreclosure between 2008 and 2011 can expect to
receive a $2,000 cash payment.
The banks would also provide $17 billion in principal
reduction and loan modifications for delinquent borrowers who
are facing foreclosure.
The deal includes $3 billion to help borrowers who are
current on their mortgage payments but unable to refinance
because they owe more than their homes are worth.
Further, banks agreed to new servicing standards, including
stricter oversight of foreclosure processing and a
single-point-of-contact for borrowers.
The program is designed to last for three years, but
includes incentives for banks to provide relief within the first
year.
"The principal reduction helps stabilize the market a little
bit, but not significantly," said Brian Gardner, an analyst at
Keefe, Bruyette & Woods Inc. "The monthly savings for those
involved will be modest."
BANK IMPACT
The deal does little to ease investor fears over banks'
mortgage liabilities, industry analysts said.
"We believe any initial euphoria over the deal will quickly
fade as investors realize the flood of additional
mortgage-related litigation that the major banks face," said
Guggenheim Partners analyst Jaret Seiberg in a note on Thursday.
The settlement, that will be filed in federal court in
coming weeks, resolves allegations of state and federal law
including the use of robo-signed affidavits in foreclosure
proceedings and deceptive practices in offering loan
modifications.
It also covers claims the banks failed to offer alternatives
before foreclosing on borrowers with federally insured
mortgages, and filed improper documentation in federal
bankruptcy court.
In another component of the settlement, Bank of America will
pay $1 billion to resolve a separate investigation into
"fraudulent and wrongful conduct" by the bank and the
Countrywide Financial unit it acquired in 2008.
In addition, the Federal Reserve is imposing $766.5 million
in penalties on the five banks as part of the settlement.
The agreement does not prevent the government from pursuing
banks for wrongdoing related to the packaging of loans into
securities, the target of a task force the Obama administration
launched last month, and the subject of many investor lawsuits.
DISSIDENT STATES
The deal came together after core negotiators were able to
win support from a handful of states, including California and
New York, that had criticized earlier terms of the proposed deal
as too lenient toward the banks.
Attorneys general shepherding the deal, including Tom Miller
from Iowa and Roy Cooper from North Carolina, holed up at
National Association of Attorneys General offices in Washington
this week as they worked to seal the settlement.
States with their own lawsuits and concerns pressed for
special provisions in the deal, but by Wednesday afternoon, two
key states - New York and California - fell in line. Officials
worked until about 3 a.m. on Thursday, smoothing the way for
holdouts Nevada, Massachusetts and Delaware to also join.
California Attorney General Kamala Harris had pulled out of
the talks in September and said the deal under discussion failed
to provide enough relief to her state's homeowners.
After round-the-clock negotiations over the past few weeks,
Harris was able to extract narrow carveouts specific to the
state's laws and a guarantee that her state would receive a
larger slice of the settlement, a lawyer in Harris' office said.
California and Florida are the only two states to receive
guaranteed benefits under the settlement, with California
receiving $12 billion in principal reductions.
New York Attorney General Eric Schneiderman had removed
himself from the negotiations last year due to concerns the deal
could release the banks for conduct that had not been
investigated.
On Thursday Schneiderman announced his support of the
settlement. He said he will be able to continue a separate
lawsuit against the banks for their use of the mortgage registry
MERS in allegedly deceptive practices.
The lone holdout of the settlement, Oklahoma Attorney
General Scott Pruitt, declined to sign the settlement and said
he was concerned the settlement "greatly overreached" the
authority of the states and could be unfair to homeowners who
continued to pay their mortgage.
He entered a separate $18.6 million deal with the five banks
to receive his portion of funds from the settlement that go
directly to the states.
(Reporting by Aruna Viswanatha and Rick Rothacker; additional
reporting by David Henry, Jim Vicini, Margaret Chadbourn, Karen
Freifeld, Matt Spetalnick, Tim Reid, Dave Clarke, Kevin Gray and
Karey Wutkowski)
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