Obama Administration’s Price Tag for Bank Lying, Predation, and (Probably) Securitization Fail: $8 Billion

Back when the foreclosure fraud settlement was purportedly only going to cover robo-signing abuses, the price tag was going to be $17 billion.

Now that the Obama Administration is desperately trying to craft a settlement deal to include origination problems, the price tag has grown to $25 billion.

Under the proposed terms of the settlement — which could total $25 billion — banks would get broad legal immunity from state lawsuits in exchange for refinancing underwater loans, those mortgages where borrowers owe more than their homes are worth, the sources said.

The deal could provide some relief to the battered U.S. housing market and clear up some uncertainty about banks’ legal exposure that has been a drag on their shares.

Banks have been holding out on a multi-billion-dollar settlement because they wanted broader legal immunity than state attorneys general were prepared to offer.

Originally, the states were only considering immunity for shortcuts taken during mortgage servicing and foreclosures, including the so-called “robo-signing” of documents to evict people behind on their mortgages.

In recent days, the state attorneys general agreed to release major banks from claims that they made legal errors when first originating the loans, such as approving loans for borrowers without verifying any income, according to two people familiar with the talks.

That means for all the additional things the banks would get immunity for–at the very least, the liars loans and the predatory lending, all the things they’re getting hammered for in reps and warrants suits, though the language might well immunize securitization failures–banks would pay just an additional $8 billion.

That, in spite of the fact that FHFA filed lawsuits against the banks that might be worth $40 billion, with $11.5 billion from Bank of America alone.

So basically Obama wants to fund HAMP 2.0 by letting banks out of at least 80% of what they stand to lose in court.

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Emptywheel Twitterverse
JimWhiteGNV What losing streak? #Rays #RaysUp Any win over the Yankees is always worth celebrating.
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JimWhiteGNV Take that, austerity-mongers!
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JimWhiteGNV @emptywheel We are fine. Put in whole house surge suppressor couple of years ago. Neighbors took big electronics damage last week.
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emptywheel @JimWhiteGNV Hopefully not as obliterated as the dot?
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emptywheel @BarbByrum This was the one I was thinking of: http://t.co/RltRcots5d
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emptywheel @BarbByrum Lots of people complained abt how they did notice what I believe was last time (woke most people up) so I wonder if they changed.
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JimWhiteGNV Uh, yeah. We made the right call bringing in the horses just before that hit. Obliterated blue dot is our house. http://t.co/PLkEAWPuQj
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emptywheel @ncweaver Isn't that using fingerprint differently than they do?
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emptywheel RT @ncweaver: The NSA's Digital Network Intelligence (DNI) approach in 1 sentence: "Collect all, Fingerprint all, Identify all, Pwn by nam…
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emptywheel As CyberCom, NSA, & DHS had cyber-war game w/public & private partners China was assessing what it got in OPM hack. http://t.co/ScLuznvzFZ
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emptywheel @BarbByrum Did the state not send out an alert to the whole state like they did earlier this year?
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emptywheel @Rick_Geissal Mostly I was worried about him stealing all our beer while I was out of the state.
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