In Major Policy Shift, Scores of FDIC Settlements with Banks Go Unannounced


In major policy shift, scores of FDIC settlements go unannounced

Since the mortgage meltdown, the FDIC has opted to settle cases while helping banks avoid bad press, rather than trumpeting punitive actions as a deterrent to others.

Three years ago, the Federal Deposit Insurance Corp. collected $54 million from Deutsche Bank in a settlement over unsound loans that contributed to a spectacular California bank failure.

The deal might have made big headlines, given that the bad loans contributed to the largest payout in FDIC history, $13 billion. But the government cut a deal with the bank’s lawyers to keep it quiet: a “no press release” clause that required the FDIC never to mention the deal “except in response to a specific inquiry.”

The FDIC has handled scores of settlements the same way since the mortgage meltdown, a major policy shift from previous crises, when the FDIC trumpeted punitive actions against banks as a deterrent to others.

The largest U.S. bank failures

Since 2007, 471 U.S. banks have failed, nearly depleting the FDIC deposit-insurance fund with $92.5 billion in losses. Rather than sue, the agency has typically preferred to settle for a fraction of the losses while helping the banks avoid bad press.

Rest here…


4 Responses to “In Major Policy Shift, Scores of FDIC Settlements with Banks Go Unannounced”
  1. anaheim says:

    Im going through a similar issue in anaheim ca. I was wronfully evicted by bank of america a week ago. Im a tenant in a foreclosure and b of a felt it was above ptfa 2009. So ive been asking for my property from day one…. with the help of my lawyer I was allowed to reoccupy my home.

    The bad news is that my home was ransacked and personal items were stolen along with tvs comouters and the kids gaming systems. Jewlery boxes and my wifes flag from her fathers casket. My home is in shambles our lives wrecked and priceless items gone. We have had our lives destroyed at the hands of bank if america and safeguard… wife has been in tears over the fact that she will never see her mothers wedding ring or the bracelets that were given to her when her boys were born or the locket thst contains her aunts ashes etc…ever again….. they stole from us but knowing that we will never be safe in our home again is a horrible feeling. Life has changed forever for us.

    • T Mack says:

      The criminals that Safeguard Properties employ need to serve jail time.
      And Safeguard employees should face criminal charges as well.

      These illegal trash outs ARE NOT A CIVIL MATTER. They are clearly a criminal matter and the authorities NEED to start handling these thefts that way!!!

  2. yes Deutsche Bank, Calif is the Ameriquest Loans and ACC, and CitiMortgage, all are a scam,Including the servicer, AHMSI, AHM, Owcen, I can show how they do this scam.

  3. Robert L. Tatge says:

    Robert L. Tatge
    13100 Skyline Drive
    P.O. Box 363
    Spicer, MN. 56288
    Fifth Third Bank
    Kevin T. Kabat, President & CEO Fax 513-358-3493 Madisonville Operations Center
    Cincinnati, OH. 45263
    Dear President Mr. Kabat:

    RE: Mortgage Loan: 404876203 Three situations occurred during the Foreclosure process that I believe were important, illegal and unfairly place on me, therefore to consider this Foreclosure invalid.
    * Forced Placed Hazard Insurances, $500.00 per month.
    * Mortgage Broker manipulation of appraisal, loan application, and my credit. * Conflicting and imbeciles’ amount stated on the Foreclosure Notices.
    Gentlemen, I’m writing this letter to explain to you some of the discrepancy during the Foreclosure process that I had to go through. There are three that really brought the Foreclosure to a head. The one that actually broke my back was the Forced Placed Hazard Insurances, $500.00 more a month when I was living on pay-check to pay-check. The additional charge forced me to cash in stock and part of my 401K retirement plan, paying the extra taxes that went along with the process. After paying many months with the addition charges, I started to lose ground. Until recently I knew, I had insurance since the original mortgage with Country-wide Home Loans, and it was required for the loan with Fifth Third Bank. Just lately, I was with my Lawyer, we called, Pioneer Heritage Insurance, PO Box 716, Spicer, MN. 56288, phone# (320) 796-2169. Gentlemen, they stated I had continued and uninterrupted insurance on the property and they fax over the proof: Exhibit” A”. The reason this was wrong, was that I had insurance and Fifth Third Bank paid for it out of my Escrow every year since origination of the Home Loan Mortgage, Fifth Third Bank approved for me.
    My original home mortgage loan made by FIFTH THIRD BANK was signed by me, Robert L. Tatge (a single person) on January 4, 2008 for $310,000.00 @ 6.375% for 30years on a refinanced loan made prior with COUNTRY-WIDE HOME LOANS back on JUNE 12, 2002, for $178,817.91 @ 7% for 30 years.
    The second problem that throws up a red flag is the mortgage broker that put the loan application together for our approvals. I’m not sure of his name, and you probably could help me out with that. He said, He could improve my credit, and I could take cash out, that was very cheap money, because of the high equity I had in my home. This was highly suspicious, not taking into consideration my age or ability to pay the extra money back. Now that I look back, he found and new ways to derive benefit by manipulation. My home was built year 1975: (The TRUTH 1900). Appraisal manipulation, to my understanding this broker wasn’t satisfied with the first appraisal from: Forsythe Appraisals, LLC, 54 28th avenue North, St. Cloud, MN. 56303 Phone 320-259-8958 He asked the appraiser to treat the property like it was on Lake Minnetonka, so the second time it came in at $420,000. It satisfied the loan guidelines. Then he sent me two checks, one he asked if I would destroy, I did, the other I cashed:
    Exhibit “B,” (He said, he had other companies,) that’s why the check was drawn on: MJC ENTERPRISES LLC, 5115 EXCELSIOR BLVD., SUITE 422, SAINT LOUIS PARK, MN 55416
    This was unfair because my property tax statements for years 2007 through 2009 stated: MARKET VALUE ESTIMATED $324,700 IN 2007/2008 which is $95,300 less than appraisal. The second property tax statement for years 2008/2009, which is $92,000 less than appraisal.
    I ask for a modification JUNE, 2009 and was denied because of insufficient income; I keep up my requests and hired a lawyer, Avi Liss, Liss Law, LLC., Hereford Street, Boston, MA, 02115 (W) phone 617-778-0363 Finely brought me a modification on August 1, 2009 (lawyer said it was the Best he could do! Loan Amount $327,410.93 @ 5.375% for 40 years, graduated principal by $17,410, lowered interest by 1%, making the pay off difference before the modification the principal was $310,000,00 interest $386,238.81 = $696,238.81… New Modified Mortgage 40 years, principal $327,410.93, interest $489,836.12 = $817,247,247.05… The difference of $121,008.24 it was Unaffordable, I signed it at the Lawyers suggestion. Beginning with the payment due 08/01/2009 monthly Including escrow were $2,135.51 Knowing this modification wasn’t something I could afford , I asked for HELP, A FORBEARENCE PLAN was offered: Exhibit “C,”: The “Forbearance Plan” offered: The due dates were set-up all wrong.
    The third misrepresentation and final stress, on all FORECLOSURE NOTICE’S sent out by the Lawyers representing Fifth third BANK: Usset, Weingarden & Liebo, PLLP, 4500 PARK GLEN RD, #300, MINNEAPOLIS, MN 55416, PHONE 952-925-6888, Knowingly this is information sent to the lawyers from Fifth Third Bank, mislead the mortgagee.
    Exhibit “D,” Multiple & Conflicting Dollars amounts in Default on “Foreclosure notice” making it impossible for Mortgagee to understand what they meant and get help if needed.
    #1: March 9, 2009 $12,880.19
    #2: March 9, 2009 $15,276.19
    Exhibit “E:” Multiple & Conflicting Dollars amounts in Default on “Foreclosure notice” making it impossible for Mortgagee to understand what they meant and get help if needed.
    #1: March 22, 2011 Fifth Third Bank said I owed $2,365.80 to reinstate mortgage.
    #2: March 22, 2011 Fifth Third Bank said I owed $3,874.40 to reinstate mortgage.
    #3: March 22, 2011 Fifth Third Bank said I owed $35,100.90 to reinstate mortgage.
    I had a 3 Hernia Operation on August 5, 2011 @ the VA Hospital in Minneapolis, MN.
    I had to stay in the hospital because I was on a Vac healing machine that restricted my staying in the hospital and their rules. Outside contact was difficult. I still have a home health nurse that comes to my home every Wednesday until Mid-April. Fifth Third Bank knew of my operation and still proceeded with the foreclosure by having the sheriff’s Sale on Nov 16, 2011.
    The information the broker collected was suspicious, wrong, and different, I realize now. Forced Hazard Insurance should been follow-up at enforcement. And I just do not understand the lesser amounts to reinstate the mortgage, it was confusing on the Foreclosure Notices and made it impossible to redeem, also difficult to sell.
    Discussion: When my dream home was foreclosed on, my heart was broken. I try my best with circumstances beyond my control. I hope you would look into this matter. I still care for this home. I’m writing because the Office of the Comptroller of the Currency (OCC) recommends that I should attempt to resolve my complaint with FIFTH THIRD BANK first.
    Without prejudice

    Mr. Robert L. Tatge March 27, 2012
    Cc: Usset, Weingarden &Liebo, PLLP, Attn; Amy Van Zummeren @ FAX: 952-925-5879
    Cc: Independent Foreclosure Review (OCC), (Letter) PO BOX 2587, Faribault, MN 55021-9981
    Attn: Paul-Allen Bixler, Regulatory Support Specialist Office of the President: Fax 513-358-3493

    Cc: Office of Minnesota Attorney General, Lori Swanson, Honorable: Bill Gosiger, File: 439011, FAX 651.282.2155
    Cc: Jerome A. Ritter Attorney at Law, FAX: 651-222-1263
    Office of Minnesota Attorney General, Lori Swanson
    % Honorable Bill Gosiger fax: 651-282-2155
    File: 439011
    Feb 6, 2013
    From: Robert L. Tatge, 320-796-2314
    P.O. Box 363
    Spicer, MN. 56288

    Hello Bill Gosiger,
    Hope your doing well!
    Our last phone conversation, you said to get back to you.
    I have not given up getting my home back!
    February 1, 2013, the same representative from Fifth Third Bank that covered up the Forced Placed Insurance sent me a letter? Enclosed Please follow-up. Thank you! Robert

    Have I been left out of any recourse with Fifth Third Bank? I believe they committed FRAUD to no end… Maybe Country-wide, now Bank of America, started my wrongful foreclosure with the PMI they’re charging me and paid Fifth Third Bank to take over questionable loans…. WITHOUT PREJUDICE… My findings below…
    EXHIBIT “1”, Countrywide monthly loan statement- 4 pages.

    ADDENDUM written to report findings by association of FRAUD and KICKBACKS
    Alleged by Fifth Third Bank Mortgage and Country-wide home loans.
    1. THIS ADDENDUM hereby supplements the attached Publication concerning the following
    Article: Fifth Third Bank sued over alleged kickbacks of mortgage insurance
    April 7, 2012 12:00 am….
    By Rich Lord / Pittsburgh Post Gazette (manuscript title) Key Quote:
    “Unknown to the borrowers, Fifth Third had arrangements with the insurers under which they bought “reinsurance” from a subsidiary of the bank called Fifth Third RE, according to the complaint. The reinsurance, it said, was written in a way that the bank assumed little or no risk.
    The insurers “had no choice but to enter into virtually identical reinsurance contracts with Fifth Third RE or risk losing business,” the complaint said.”
    A Cincinnati-based bank is accused in a lawsuit filed Thursday of taking “disguised, unlawful referral fees” or “kickbacks” from mortgage insurers.

    The lawsuit against Fifth Third Bank, several related companies and six mortgage insurers by three borrowers seeks to become a nationwide class action. It appears to be one of several similar suits against banks following a 2009 ruling by the 3rd U.S. Circuit Court of Appeals, in a case by some of the same attorneys who are now suing Fifth Third, that opened the door for such litigation.

    The plaintiffs, Christopher Manners of Latrobe and Jamie and Aimee Young of Carbon Cliff, Ill., got mortgages from Fifth Third in 2007, according to the complaint in U.S. District Court.

    When homebuyers are unable to make down payments of 20 percent of the home’s purchase price, banks typically require private mortgage insurance on the loan. The bank picks the insurer and arranges for the coverage, against which it makes a claim if the borrower defaults. The borrower pays the premium as part of their mortgage payment.

    Fifth Third arranged insurance for Mr. Manners at a cost of $166.80 per month, and for the Young’s for $33.35 per month, according to the complaint.

    Unknown to the borrowers, Fifth Third had arrangements with the insurers under which they bought “reinsurance” from a subsidiary of the bank called Fifth Third RE, according to the complaint. The reinsurance, it said, was written in a way that the bank assumed little or no risk.

    The insurers “had no choice but to enter into virtually identical reinsurance contracts with Fifth Third RE or risk losing business,” the complaint said.
    Fifth Third from 2004 through 2011 got $54 million in reinsurance premium payments from the insurers, and only paid out $4.9 million in claims, according to the complaint. It said that this amounted to “a sham” and a violation of the Real Estate Settlement Procedures Act. RESPA bars lenders from taking referral fees from other parties involved in the loan, the complaint said.

    Fifth Third spokeswoman Barbara Grimsley said the bank doesn’t comment on litigation.

    Pittsburgh attorney Stephen J. O’Brien and several other lawyers filed the complaint. They could not be reached for comment Friday.

    Some of those attorneys — though not Mr. O’Brien — represented plaintiffs in an Eastern Pennsylvania lawsuit against lender Countrywide Financial Corp. and its reinsurance subsidiary that was resolved last year.

    That lawsuit was initially dismissed when Countrywide argued that the contracts between its subsidiary and the private mortgage insurers didn’t result in any overcharges to consumers. But the 3rd Circuit found that RESPA could be violated even if there were no overcharges.

    That lawsuit was settled with the creation of a $34 million settlement fund to cover payments to Countrywide borrowers and the attorneys.
    Rich Lord: or 412-263-1542.
    First Published 2012-04-07 04:08:47

    2. Other parties, alleged Publications supplemented to this Addendum are:(corresponding author) Parties alleged guilt by Association:
    The several denials for modifications by Country-wide, than Fifth Third Bank approval and all the exaggerated documents like Appraisal, Credit, and later Forced Placed insurance, than covering it up as it was never on record. Now because of the OCC dispute. I received a Letter from the very person at FITH THIRD BANK that covered up the “Forced Placed Insurance, Fraud they did to me”. They need to give my home back to me with comp! Without prejudice!
    Robert Tatge Feb 6, 2013
    (Date) August 22, 2008 Hassan Nagi Indicted in $1.9 Million Michigan Mortgage Fraud Scheme A federal grand jury in Michigan has indicted four men–including a mortgage broker and an appraiser–for allegedly running a $1.9 million real estate/mortgage fraud scheme. Hassan Nagi, 30, of Dearborn Heights, Michigan; Ali Haidous, 24, of Dearborn; Safi Bzeih, 35, of Dearborn; and Hussein Aoun, 23, of Dearborn Heights reportedly conspired to secure fraudulent mortgages from Countrywide Bank, Washington Mutual, Fifth Third Bank, Indy Mac Federal Bank, Net Bank, and Sun Trust for more than 15 properties between April 2005 and April 2008.
    The indictment alleges that Hassan Nagi worked as a mortgage broker and was responsible for submitting false and fraudulent applications to obtain the mortgages. Ali Haidous was a real estate appraiser who provided fraudulent appraisals for the properties. Bzeih and Aoun recruited sellers and straw buyers for the properties.
    According to the indictment, after the Nagi and Haidous identified a willing seller of a property, Nagi secured financing for a straw buyer. False income and employment information was provided to the lender using fraudulent W-2 forms. In support of each loan, Nagi also submitted an inflated appraisal, created by Haidous.
    After the inflated mortgage was funded at closing, the seller received sufficient funds to pay off any existing mortgage as well as a bonus for participating in the real estate fraud scheme. The remainder of the proceeds from the inflated mortgage were shared between Hassan Nagi, Ali Haidous and one of the straw buyers.
    Nagi, Haidous, and Bzeih were expected to appear in federal court before Magistrate Judge Virginia Morgan yesterday afternoon, for their initial appearances and arraignment on the indictment. Hussein Aoun is a fugitive in Lebanon. The case is being prosecuted by Assistant U.S. Attorney Leonid Feller.
    Posted By: Ralph Roberts @ 9:07 pm | | Comments (0) | Trackback |
    Filed under: Countrywide, Fifth Third Bank, Indy Mac, Michigan, Mortgage Fraud, Net Bank, Real Estate Fraud, Sun Trust, Washington Mutual

    3. ASSOICATION GUILT: February 14, 2010
    Kurt Heintz Broker and Appraiser Sentenced for Multi-Million Dollar Mortgage Fraud Scheme Former Flint Area Real Estate Broker and Appraiser Sentenced for Multi-Million Dollar Mortgage Fraud Scheme
    Kurt Warren Heintz, age 39, of Grand Blanc, Michigan, formerly the owner of Great Lakes Broker Funding in Grand Blanc, Michigan, was sentenced on Wednesday, February 10, 2010, to 65 months in the custody of the Bureau of Prisons on one count of Financial Institution Fraud in violation of Section 1344 of Title 18 of the United States Code. Sentenced at the same time was James Fish, age 41, of Royal Oak, Michigan, formerly a licensed real estate broker in the State of Michigan, who was sentenced to serve 30 months in the custody of the Bureau of Prisons on one count of Financial Institution Fraud in violation of Section 1344 of Title 18 of the United States Code.
    The sentences were announced today by United States Attorney Barbara L. McQuade. Ms. McQuade was joined in the announcement by Andrew G. Arena, Special Agent in Charge, Federal Bureau of Investigation, Detroit Field Office. The sentences were imposed by the Honorable Sean F. Cox, United States District Judge sitting in Detroit.
    On February 6, 2009 and February 4, 2009, respectively, Mr. Heintz and Mr. Fish pleaded guilty to a one-count Information charging that they had devised and executed a scheme to defraud Indy Mac Bank though the use of a fraudulent mortgage loan application based on a false and inflated property appraisal. Although Mr. Heintz and Mr. Fish pleaded guilty to one count of Financial Institution Fraud, they agreed to be held responsible for the full extent of their scheme to defraud financial institutions in the Flint metropolitan area. This scheme to defraud began in May of 2005 and continued through 2007. In addition to Indy Mac Bank the victim financial institutions included, Fifth Third Bank, Bank of America, Independent Bank, Mercantile Bank, and Union Federal Bank. The Federal Bureau of Investigation conducted of a review of the mortgages obtained in the course of this scheme to defraud and calculated the loss to these and other lending institutions at more than $14.4 million.
    In sentencing Heintz and Fish, Judge Cox carefully reviewed and summarized the facts of the case, as well as the background and circumstances of each defendant. Judge Cox expressed his “shock” that Mr. Heintz had chosen to devise and commit such a serious and devastating crime. In sentencing Mr. Fish, Judge Cox said his sentenced had been heavily influenced by the fact that Fish had stolen the identity of other appraisers and used them on fraudulent appraisals. In addition to the millions of dollars lost by lending institutions, Judge Cox noted the devastation caused to entire neighborhoods, the financial cost to unsuspecting purchasers and the damaged and destroyed careers of innocent appraisers.
    In addition to their custodial sentences, Mr. Heintz was ordered to pay, jointly and severally with Mr. Fish, $14,467,546.50 in restitution to various financial institutions, and Mr. Fish was ordered to pay, jointly and severally with Mr. Heintz, $4,992,400. Each was ordered to pay a $100 special assessment and must serve three years of supervised release upon the completion of their custodial terms.
    FBI Special Agent in Charge Arena said that, “These charges and sentences underscore the seriousness with which the United States Attorney’s Office, the Federal Bureau of Investigation, area financial institutions, as well as other local, state and federal law enforcement agencies and regulators, view allegations of mortgage fraud. Mortgage fraud continues to have significant and devastating consequences for the Michigan economy. It is important that investors, consumers and real estate professionals, as well as the public in general, recognize that schemes to defraud involving mortgages and real estate transactions will result in the incarceration of the offenders.”
    Posted By: Ralph Roberts @ 9:22 pm | | Comments (0) | Trackback |
    Filed under: Uncategorized

    Bill Gosiger, if you have any questions, please feel you can call 320-796-2314. I work-out from 1:30 till 3:00 every day.
    With respect, AND PREJUDICE.
    Robert L. Tatge
    NOTE: I’m sure becauseof the forced placed insurance, so call correction and second year the same charge was put on my mortgage… HELP!

Leave a Reply