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| In a suit against the nation’s five largest mortgage lenders, Martha Coakley, the Massachusetts attorney general, contends that the banks used unfair and deceptive business practices. |
Citing
extensive abuses of troubled borrowers across Massachusetts, the state’s
attorney general sued the nation’s five largest mortgage lenders on Thursday,
seeking relief for consumers hurt by what she called unfair and deceptive
business practices.
In addition
to creating a new and significant legal headache for the banks named in the
suit — Bank of America, JPMorgan Chase, Citigroup, Wells Fargo and GMAC
Mortgage — the Massachusetts action diminishes the likelihood of a
comprehensive settlement between the banks and federal and state officials to
resolve foreclosure improprieties.
Also named
as a defendant in the Massachusetts suit was the electronic mortgage registry
known as MERS, an entity set up by lenders to speed property transfers by
circumventing local land recording officials.
The
attorney general, Martha Coakley, and her investigators contend that the banks
improperly foreclosed on troubled borrowers by relying on fraudulent legal
documentation or by failing to provide homeowners with loan modifications after
promising to do so. The suit also contends that the banks’ use of MERS
“corrupted” the state’s public land recording system by not registering legal
transfers properly.
“There is
no question that the deceptive and unlawful conduct by Wall Street and the
large banks played a central role in this crisis through predatory lending and
securitization of those loans,” Ms. Coakley said at a news conference
announcing the lawsuit. “The banks may think they are too big to fail or too
big to care about the impact of their actions, but we believe they are not too
big to have to obey the law.”
Ms. Coakley
has been among the most aggressive state regulators in her pursuit of financial
institutions involved in the credit crisis. In addition to her inquiry into
foreclosure improprieties in Massachusetts, she has also conducted far-reaching
investigations into predatory lending and securitization abuses.
Since 2009,
Ms. Coakley has extracted more than $600 million in restitution and penalties
from lawsuits against mortgage originators like Option One and Fremont
Investment and Loan and Wall Street firms like Goldman Sachs and Morgan
Stanley, which bundled loans into mortgage securities.
Officials
at all of the banks issued statements saying they would fight the suit. Most of
them also indicated dismay that Massachusetts had taken action during
negotiations to reach a settlement over the types of practices highlighted in
the case.
“We are
disappointed that Massachusetts would take this action now,” said Tom Kelly, a
Chase spokesman, “when negotiations are ongoing with the attorneys general and
the federal government on a broader settlement that could bring immediate
relief to Massachusetts borrowers rather than years of contested legal
proceedings.”
Lawrence
Grayson, a Bank of America spokesman, said: “We continue to believe that
collaborative resolution rather than continued litigation will most quickly
heal the housing market and help drive economic recovery.”
And Vickee
Adams of Wells Fargo said, “Regrettably, the action announced in Massachusetts
today will do little to help Massachusetts homeowners or the recovery of the
housing economy in the Commonwealth.”
But as Ms.
Coakley made clear during the news conference, her office had come to view as
unacceptable the negotiating stance taken by the banks in the protracted
settlement talks.
“When those
negotiations began over a year ago, I was hopeful that we would be able to
reach a strong and effective solution,” she said. “It is over a year later and
I believe the banks have failed to offer meaningful relief to homeowners.”
Delaware,
Nevada and New York have also objected to the direction the settlement
negotiations were taking.
Kurt
Eggert, a professor at Chapman University School of Law in California who is an
expert in mortgages and securitization, said the Massachusetts lawsuit was a
significant step because it opened the banks’ practices to far greater scrutiny
than they had been subject to.
“So far the
servicers have escaped any real review or punishment for their bad practices
because federal regulators have by and large given them a pass on whether they
followed the law in foreclosures,” Mr. Eggert said. “This lawsuit argues that
they haven’t followed the law and that they can’t just fix all their problems
after the fact.”
Among the
misconduct cited in the Massachusetts complaint were 14 cases of foreclosures
by institutions that had not shown proof that they had the legal right to seize
the underlying properties when they did so. All the banks also deceived
troubled borrowers, the complaint said, about the loan modification process.
For example, some banks incorrectly advised borrowers that they would receive
priority treatment if they were more than 90 days delinquent on their loans.
Other borrowers were misled when told that they must be more than two months’
delinquent to receive a loan modification, it said.
Although
Mr. Eggert said that the banks were likely to argue that a state like
Massachusetts had no right to bring such a case against federally regulated
institutions, he said that the Dodd-Frank legislation restricted the ability of
federal authorities to bar states from acting in such cases.
“If the
state can go forward and do real discovery, it will be the first time that
anyone has really dug into the servicers’ files to see what they have done,” he
added. “The feds conducted an investigation where they looked at very few
files, and here the state could demand to see a lot.”
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