Massachusetts preparing to file foreclosure lawsuits
* Mass to sue big banks on foreclosure issues
* AG "lost confidence" in multi-state agreement
* States that pull out could still benefit from settlement
Oct 5 (Reuters) - Massachusetts on Wednesday said it is preparing to sue big banks related to unlawful foreclosures, dealing another blow to the multi-state talks aimed at resolving those investigations on a national scale.
"I have lost confidence that the banks will bring to the table an agreement that properly holds them accountable for wrongful foreclosures," Massachusetts Attorney General Martha Coakley said in a statement.
Federal and state officials met with representatives of several large U.S. banks this week with hopes of reaching a deal in the coming weeks.
Mortgage servicing units of Bank of America Corp (BAC.N), JPMorgan Chase & Co (JPM.N), Wells Fargo (WFC.N), Citigroup (C.N), and Ally Financial are accused of coping with an unexpected deluge of mortgage defaults beginning in 2008 by cutting corners and unlawfully rushing through foreclosure paperwork.
A settlement with all 50 states and federal authorities could help the banks move beyond the legal fallout that has dogged them since the peak of the financial crisis.
But the long-running talks -- which will hit the one-year mark later this month -- have been plagued from the start with criticism from states concerned about the extent of the legal immunity the banks have sought.
Last Friday, California pulled itself from the negotiating team and said the deal under discussion would not provide enough relief to the state's homeowners.
Though Massachusetts is not part of the team negotiating the larger settlement, Coakley has in the past expressed reservations about the direction of the talks.
In July, her office said it was investigating unlawful foreclosures, and examining whether creditors failed to establish whether they had the right to foreclose on a home before doing so, or whether they filed false or misleading documents in connection with a foreclosure.
Her office was examining whether the electronic registry used to track the ownership of mortgages during the height of the housing boom, MERS, conformed to state law.
On Wednesday, Coakley said her office is "aggressively proceeding" with those efforts and is prepared to file lawsuits soon.
"We have begun preparing for litigation," Coakley said.
People close to the multi-state talks have told Reuters a settlement is possible without all states signing on.
Even if a state isn't a signatory to a final deal, its residents could benefit.
The bulk of any settlement -- some 70 to 80 percent -- is expected to settle federal claims, and that pot is expected to be used by banks to provide relief to struggling homeowners across the country. (Reporting by Aruna Viswanatha; Editing by Gary Hill)
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More importantly, how does any of this help the injured homeowners? How much of the settlement funds will be used to prevent foreclosures or evictions, or to get housing for those victimized. We can parse definitions of who was a “victim” and whether a particular homeowner is deserving becasue he wouldn’t have been able to make payments anyway, but that changes the discussion.
There have been a number of class action settlements in MA and though I am “in the field” as an attorney trying to stop foreclosures, I have yet to see any program established for borrowers to put in claims for damages suffered, or to put in for assistance to stave off a foreclosure regardless of the reason.
As in most states in this economic environment, a large settlement means little for the homeowners but perhaps much for the States general fund or some enforcement program that stops before it starts. Whether its MA or the Federal gov’t that settles with BAC,JPMorgan Chase, Wells Fargo, AHMSI, HSBC etc, the result will probably not mean any relief for those affected but will look good as punishing the Banks
Richard Isacoff
rii@isacofflaw.com


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