In just a matter of days, JPMorgan Chase agreed to two separate settlements totaling $17.5 billion to resolve federal and state civil claims as well as representation and warranty and servicing claims involving residential MBS. On Nov. 19, the Department of Justice, along with other federal and state agencies, announced a $13 billion settlement with JPMorgan, which acknowledged making misrepresentations about billions of dollars in MBS sold to investors prior to Jan. 1, 2009. The settlement is said to be the largest combination of damages and civil fines for a single entity in U.S. history. Most of the damage was inflicted...

The Securities and Exchange Commission is preparing to take more cases to trial in lieu of settling, according to Mary Jo White, chair of the SEC, who prompted a change in the agency’s protocol for settling cases with no admission or denial of guilt. “In this age of diminishing trials, we at the SEC may be about to reverse the trend a bit,” White said in a speech late last week. Shortly after White took over as chair of the SEC, she said...

A group of House Democratic lawmakers is warning the Federal Housing Finance Agency that prohibiting GSE access to municipalities that use eminent domain to restructure underwater mortgages would constitute illegal discrimination against minority homeowners. In a letter to FHFA Acting Director Edward DeMarco, a group of 10 House Democrats led by Minnesota Rep. Keith Ellison said Fannie Mae’s and Freddie Mac’s refusal to insure loans seized and rewritten via eminent domain would be illegal under the Fair Housing Act and violate credit discrimination laws.

JPMorgan Chase twice in as many weeks announced multi-billion dollar deals to settle legal disputes with numerous parties – including Fannie Mae, Freddie Mac and their regulator, the Federal Housing Finance Agency – involving residential mortgage-backed securities. This week, the Department of Justice, along with other federal and state agencies – including the Federal Housing Finance Agency – reached a $13 billion settlement with JPMorgan, which acknowledged making misrepresentations about billions of dollars in MBS sold…

Justice Department lawyers want to extract the largest possible penalty from Bank of America after a Charlotte, NC, jury found in October that its Countrywide Financial Corp. division committed fraud when it sold toxic mortgages to Fannie Mae and Freddie Mac in the years leading up to the 2008 financial crisis, according to court papers filed earlier this month.In its successful civil suit against BofA, the DOJ and the Securities and Exchange Commission estimated that the two GSEs lost some $850 million from thousands of loans acquired through CFC’s “Hustle” program between August 2007 and May 2008. BofA acquired Countrywide in 2008 and is liable for the fraud.

Republicans on Capitol Hill might be laying the groundwork for legislation that could scale back the application of the disparate impact theory of legal liability in mortgage lending. Currently, there is no active legislation to that effect pending in the U.S. House of Representatives or the Senate, and industry lobbyists said there is no such interest underfoot. But just the fact that the House Financial Services Subcommittee on Oversight and Investigations held a hearing this week on disparate impact in general had some Democrat supporters of the theory a bit anxious. “My hope is...

In a sign of just how serious the CFPB is about steering and loan-compensation issues, the bureau last week pressed Castle & Cooke Mortgage LLC into a settlement involving $9 million in restitution and $4 million in civil penalties to resolve allegations the firm and two of its executives paid illegal bonuses for steering consumers into costlier mortgages. The CFPB alleged that Castle & Cooke, through actions taken by its president, Matthew Pineda, and senior vice-president of capital markets, Buck Hawkins, violated the...

Once again, the Supreme Court of the United States has been denied an opportunity to weigh in and potentially set a national standard over the question of whether disparate impact cases can be brought under the Fair Housing Act, and perhaps the Equal Credit Opportunity Act as well. Late last week – just three weeks before oral arguments were set to be presented to the nation’s highest court – the Mount Holly town council voted to approve the settlement in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. The case...

A Manhattan district court judge dismissed a lawsuit against Bank of America in which shareholders accused the bank of hiding a $10 billion fraud case, saying the defendant and several of its top executives were not obliged to reveal the lawsuit in advance to shareholders. Filed in 2011, the shareholders alleged that CEO Brian Moynihan and other BofA executives knew as early as February 2011 that insurer AIG intended to sue BofA in connection with $28 billion of MBS it bought from the bank and its Countrywide and Merrill Lynch acquisitions. According to the shareholders, the bank knew...