Tag Archives: Attorney General

California has withdrawn from settlement negotiations between the 50 state attorneys general and the nation's top servicers regarding robo-signing and other foreclosure-related violations. California's Attorney General Kamala Harris says progress has been made in identifying common-sense reforms to mortgage servicing, but she believes the current settlement proposal is ""inadequate"" for California homeowners. As the state with the highest incidence of defaults, California has been a significant participant in the negotiations.

A year after evidence of robo-signing related to the processing of home foreclosures surfaced, state attorneys general don't seem to be any closer to a consensus on what should and shouldn't be included in the settlement. In fact, dissension among states' lead counsels is growing. Attorneys general from Kentucky and Minnesota have now joined the faction questioning the thoroughness of the investigation. Of particular concern is liability related to securitizations and the use of MERS.

Richard Cordray has been hand-picked by President Obama to lead the new Consumer Financial Protection Bureau (CFPB). On Wednesday, Cordray stood before the U.S. Senate to make a case for lawmakers' confirmation of his appointment. On the heels of major lawsuits announced by the government related to mortgage bonds, Cordray told senators that regulatory authority is his weapon of choice as opposed to litigation, which can be ""a very slow, wasteful, and needlessly acrimonious way to resolve a problem.""

As state attorneys general and major U.S. banks continue to work toward a settlement, questions abound regarding the amount of legal liability the mortgage servicers should and will maintain after an agreement is signed. Media reports have surfaced claiming a draft proposal put forth by the attorneys general includes language that could prevent officials from bringing securitization claims in the future, but the negotiating committee for the states is adamant that servicers will not be released from all civil liability or any criminal liability.

Nevada is asking to be cut loose from a multi-state settlement agreement reached in October 2008 with Bank of America following its acquisition of Countrywide just four months earlier. BofA struck a deal with Nevada and several other states agreeing to provide up to $8.4 billion in interest and principal reductions for Countrywide borrowers. Nevada's attorney general claims the bank has breached that agreement and is asking to be released from it. BofA says it will defend itself against the allegations.

Twenty-one members of New York's congressional delegation sent a letter to Iowa Attorney General Tom Miller expressing concerns after he removed New York Attorney General Eric Schneiderman from the executive committee negotiating a settlement with several major servicers. The state's lawmakers say Miller's decision to oust Schneiderman ""sets a dangerous precedent"" for other attorneys general who, out of fear for what might happen, may choose silence over voicing their concerns with the proposed settlement.

Iowa Attorney General Tom Miller has announced the removal of New York Attorney General Eric Schneiderman from an executive panel of state officials working with servicers on a settlement for alleged improper foreclosure practices. Miller, who is head of the committee, says the state of New York has actively worked to undermine the very same multi-state group it had been working very closely with over the previous nine months. He called Schneiderman's actions ""unacceptable.""

New York, Nevada, Massachusetts, and Delaware attorneys general continue to voice opposition to a blanket settlement with the nation's top servicers, but HUD and the Justice Department are taking steps to persuade at least one of them to comply. Officials from both agencies are specifically asking New York Attorney General Eric Schneiderman to abandon his objections and approve the settlement. He's reportedly holding out to ensure he can pursue his own legal actions related to the securitization side of the business.

California's attorney general and the state's Department of Justice have taken down a fraud ring of legal firms and attorneys that officials say swindled thousands of homeowners out of millions of dollars by convincing them to take part in mass lawsuits against their lenders. Attorney General Kamala Harris has sued three law firms, four lawyers, and 14 other defendants. Officials with the state and HUD have seized the defendants' assets and bank accounts.

Delaware Attorney General Beau Biden has announced his opposition to the proposed $8.5 million Bank of America settlement. He sent a petition to the New York Supreme Court expressing his disapproval and requesting permission to intervene in the court's review of the settlement. ""I am intervening to enforce our laws and to protect Delaware investors who may have been harmed by these toxic securities,"" Biden said. ""Intervening in this settlement puts us in position to ensure that the banks are playing by the rules.""