Chasing Old Ghosts

Written by Jim the Realtor

May 23, 2011

From the latimes.com:

California Atty. Gen. Kamala Harris, saying that years of unscrupulous lending still haunts the state, is creating a 25-person task force to target mortgage fraud of any size — from small operations that preyed on troubled borrowers to corporations that sold risky loans as safe investments.

The team of 17 lawyers and eight special agents from the state Department of Justice will pursue three major areas, Harris said in an interview:

• Corporate fraud, including instances in which bundled mortgages were sold as securities to the state or its pension funds under false pretenses. Harris said her office plans to prosecute some cases under California’s False Claims Act, which she described as “one of those very powerful tools that California uniquely has … to pursue, in essence, what are false claims that are submitted to the state.”

• Scams, including instances in which consultants, lawyers and others took fees from people in foreclosure, saying they would help the homeowners get loan modifications or other remedies, but delivered nothing.

• Fraudulent lending practices, including deceptive marketing, failure to fully disclose loan terms and qualifying people for loans who couldn’t afford the terms.

Harris said the mortgage fraud that ultimately led to the housing crash continues to be a drag on the state, causing huge losses in jobs, property values and state revenues.

“We are looking at a situation of up to $640 billion in wealth having been lost because of this wave of foreclosures that has hit the state,” Harris said, referring to the decline in homeowner equity. “There is a direct connection” between mortgage fraud “and the issue that we are challenged with in terms of our state budget crisis.

Harris said her initiative was distinct from the multistate investigation because it would go after all aspects of the mortgage-lending business. Harris, formerly San Francisco’s district attorney, made a campaign promise last year when running for attorney general that she would crack down on mortgage fraud.

“If the evidence leads us there, no case will be too big or too small to pursue,” Harris said. “There remain millions of people affected by the mortgage crisis.”

Angelo R. Mozilo, whose Calabasas-based Countrywide Financial Corp. was a major underwriter of risky subprime loans, agreed to a $67.5-million civil settlement with federal regulators but was not prosecuted criminally, despite a nearly three-year investigation by the Justice Department. Countrywide was acquired by Bank of America Corp. in 2008.

Harris’ office reached a $6.5-million settlement this year with Mozilo and another former executive of Countrywide who the state had accused of predatory lending. Consumer advocates decried that settlement as far too small to be meaningful.

8 Comments

  1. W.C. Varones

    Did anyone tell her about Super Jenae yet?

  2. Anonymous

    The greatest fraud of all is the fact that since our market took a plunge, not one high profile CEO has been charged for the greatest ponzi scheme in the history of the world.

    Not only this, but the Too Big to Fail banks are all BIGGER today than anytime before, and the bonuses on Wall Street are back to all-time highs.

  3. Kingside

    They better get going quick. Statute of limitations for claims under California’s False Claims Act is generally three years after the date of discovery by the official of the state or political subdivision charged with responsibility to act.

    So where was Jerry Brown on this when he was AG?

  4. Just some guy

    meh…..

    I wouldn’t be too surprised if this ends with lots of settlements.

  5. Just some guy

    You also count discount that this is mostly political strategy for the newly minted AG. She won’t stay the AG forever so she will need to have some soundbites for TV campaigns as she ascends to higher office.

    “Vote for me because I look out for you! I created a 25 person task force to wah waaaah wahh waaaah….”(cue charlie brown adults talking in the background).

  6. 3rd Generation

    “The team of 17 lawyers and eight special agents from the state Department of Justice”.

    Does this mean Orange Man Mozilo will get re-tried at the state level?

    The Supremes are ordering a few good men be let out in California, Ange. There will be plenty of room for you at a sweaty max level prison. It would be good to see you in one of those swell orange (to match that natural tan of yours)uniforms. Don’t drop the soap and stay close to a wall, Big Guy.

  7. chrisanthemama

    @ 2: What anonymous said.

  8. President Camacho

    The only “settlements” should be those involving substantial jail time.

    I guess she hasn’t gotten the Memo though from the Feds about not bringing cases.

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