WASHINGTON – The nation's five largest mortgage lenders have agreed to overhaul their industry after deceptive foreclosure practices unfairly evicted homeowners, government officials said Monday.
By Chris O'Meara, AP
An auction signs sits in front of a foreclosed home in Valrico, Fla., in November 2010.
A draft settlement between the banks and U.S. states has been sent to state officials for review. It would be the biggest settlement of a single industry since the 1998 multistate tobacco deal.
Those who lost their homes to foreclosure are unlikely to get their homes back or benefit much financially from the settlement, even though the banks may have to pay as much as $25 billion in total to settle with the government. About 750,000 Americans — about half of the households who might be eligible for assistance under the deal — would likely receive checks for about $1,800 each.
The agreement also could reshape longstanding mortgage lending guidelines and make it easier for those at risk of foreclosure to restructure their loans. And roughly 1 million homeowners could see the size of their mortgages reduced.
Five major banks — Bank of America (BAC), JPMorgan Chase (JPM), Wells Fargo (WFX), Citibank (C) and Ally Financial — and U.S. state attorneys general could adopt the agreement within weeks, according to two officials briefed on the discussions. They spoke on condition of anonymity because they are not authorized to discuss the agreement publicly.
The settlement would only apply to privately held mortgages issued between 2008 and 2011, not those held by government-controlled Fannie Mae or Freddie Mac. Fannie and Freddie own about half of all U.S. mortgages, roughly about 31 million U.S. home loans.
As part of the deal, about 1 million homeowners could also get the principal amount of their mortgages written down by an average of $20,000. One in four homeowners with a mortgage — or roughly 11 million people — owe more than their home is worth. These so-called "underwater" borrowers have little chance at refinancing.
Democratic attorneys general met Monday in Chicago to discuss the proposed offer with Housing and Urban Development Secretary Shaun Donovan. Republican attorneys general will be briefed about the deals via conference call later in the day.
Critics, including some members of Congress, say they want a thorough investigation of potentially illegal foreclosure practices before a settlement is hammered out.
"Wall Street again is trying to pass the buck. Instead of criminal prosecutions, we're talking about something that's not more than a slap on the wrist," said Sen. Sherrod Brown (D-Ohio), who has been critical of the proposed settlement.
President Barack Obama is expected to address the housing crisis and detail new administration proposals during his State of the Union address Tuesday.
Under the deal:
— $17 billion would go toward reducing the principal that struggling homeowners owe on their mortgages.
— $5 billion would be placed in a reserve account for various state and federal programs; a portion of that money would cover the $1,800 checks sent to those homeowners affected by the deceptive practices.
— About $3 billion would to help homeowners refinance at 5.25%.
In October 2010, major banks temporarily suspended foreclosures following revelations of widespread deceptive foreclosure practices by banks. Discussions then began over a national settlement.
Some states have disagreed over what terms to offer the banks. In September, California announced it would not agree to a settlement over foreclosure abuses that state and federal officials have been working on for more than a year.
New York, Delaware, Nevada and Massachusetts, which sued five major banks earlier in December over deceptive foreclosure practices, have also argued that banks should not be protected from future civil liability. The deal will not fully release banks from future criminal lawsuits by individual states.
And both sides have also fought over the amounts of money that should be placed in the reserve account for property owners who were improperly foreclosed upon. Many of the larger points of the deal, including a $25 billion cost for the banks, have long been worked out, officials say.
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