USA Watchdog
In case you have not heard, Fannie and Freddie (also known as Government-Sponsored Enterprises or GSE’s) settled a big lawsuit with Bank of America Monday. The case was settled for cents on the dollar, even though the GSE’s had had a strong case to force B of A to buy back billions in sour mortgage-backed securities (MBS.) I wrote about some of this in a December 1 post called “Foreclosure Bombshell.” The post was about some of the legal trouble Bank of America was having with the mortgage debacle and the possibility of the banks being forced to buy back billions in sour MBS. Here’s part of what I wrote back then, “Mortgage-backed securities have to meet what is called “contractual representation and warranties.” That basically means the MBS are required to be free of fraud and be exactly what the seller says they are. Do you think mortgage-backed securities are free of fraud? Do you think these securities are the triple-A rated risk free investment the big Wall Street banks claim?—NO WAY! The banks are going to be forced to buy back all the toxic mortgage junk they sold. (Click here to read the entire post.)
On Monday, after news of the Fannie and Freddie settlement, I got a gloating comment from a reader named “Rick.” Rick tells me he’s retired from the “finance industry.” Here’s some of what he wrote, “I told this would be nowhere as bad as most made out. Hope you read about the settlement with the GSE’s With BofA, 1.3b, this makes BofA total exposure probably around 3b going forward, not the 50B+, everyone thought. Additionally, B of A audit by Moody’s and others has been complete and found that Loan doc’s were delivered. PIMCO will settle for very little in the coming weeks and AG’s to follow. NO Conspiracy and Fraud as you have promoted on your blogs, just very bad process. As stated in our last exchange, I hope you man up and write a new blog retracted and admitting you got a little carried away with you statements. This is what happens when you repeat from others and do not do your own homework. Just remember the fraud was committed buy the rating agencies not the Banks.” (You can read the entire exchange at the end of the Foreclosure Bombshell post.)
I’ll “man up”alright. Yes, Rick you were right, the American taxpayer got ripped-off once again. It was not that bad for B of A because it is another back door bailout for the banks that caused the mortgage mess in the first place. The headline over at Fortune/ CNNMoney.com says it all “Is Fannie bailing out the banks?” Of course, the answer is YES! The report goes on to say, “Monday’s arrangement, according to this view, will keep the banks standing — but leave taxpayers on the hook for an even bigger tab should a weak economic recovery falter. Sound familiar? ‘The administration is trying to weave a path between two bad alternatives,’ said Edward Pinto, a resident scholar at the American Enterprise Institute. “They want to bail out the big banks without doing apparent damage’ to the sagging U.S. budget position.” (Click here to read the entire Fortune/CNN report.)
This is an outrage, especially when you consider what kind of a sweet deal B of A got. Investing expert and owner of a blog called The Big Picture, Barry Ritholtz framed the B of A settlement this way, “Bank of America settled numerous claims with Fannie Mae for an astonishingly cheap rate, according to a Bloomberg report. A premium of $1.28 billion was paid to Freddie Mac to resolve $1 billion in claims currently outstanding. But the kicker is that the deal also covers potential future claims on $127 billion in loans sold by Countrywide through 2008. That amounts to 1 cent on the dollar to Freddie Mac. Imagine if you had a $500,000 mortgage, and you got to settle it for $5,000 — that is the deal B of A appears to have gotten from Freddie Mac.” Click here for the complete Ritholtz post.)
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