A Tangled Mortgage Mess
New York Fed’s Pursuit of Claims Against Banks Is Like ‘Jersey Shore’
Conspiracy theorists could have a field day. Why is the New York Fed suddenly joining a revolt against the banking system it has worked for two years to shore up? Why is Bank of America a target? Did Pimco and BlackRock gain an advantage in their valuation of the mortgage-backed securities because they are advisers to the New York Fed?
Two years after the jumbled days of the financial crisis, it is easy to forget that government and the private sector have had more hook-ups than an episode of “Jersey Shore.”
At some point, these relationships were bound to get messy in a big way, and now they have.
As The Wall Street Journal reported on Tuesday, institutional investors led by BlackRock Inc. and Allianz SE’s Pacific Investment Management Co., or Pimco, are asking Bank of America Corp. and Bank of New York Mellon Corp. to repurchase or “put back” as much as $16.5 billion in soured mortgage-backed securities.
All told, $47 billion in mortgage-backed securities packaged by Bank of America’s Countrywide unit could be at risk, though the Charlotte, N.C., bank says the squawking is overblown.
The issue underscores ways in which the financial system has been changed by rescue acquisitions, government aid and the revolving door between New York and Washington.
For starters, BlackRock is 34%-owned by Bank of America as a result of the bank’s emergency takeover of Merrill Lynch & Co. That means BlackRock is making a claim against its biggest shareholder.
The quagmire deepened when Bloomberg News reported Tuesday that Bank of America’s foes in the mortgage-backed securities battle include the Federal Reserve Bank of New York.
The New York Fed can’t be faulted for acting in its self-interest. The Fed’s regional bank owns billions of dollars of mortgage-backed securities through its rescues of securities firm Bear Stearns Cos. and insurer American International Group Inc.
But the New York Fed has been part of a broader federal policy to aid the banking system, under now-Treasury Secretary Timothy Geithner and the current chairman, William Dudley.
Among the beneficiaries of that effort are BNY Mellon and, even more, Bank of America, which got $45 billion in bailout funds. Overall, the Federal Reserve bought $1.25 trillion in mortgage-backed securities.
The New York Fed also has tight relationships with BlackRock and Pimco. Both firms are paid advisers to value to the Fed’s portfolio. Pimco gets paid to value $118 billion of assets guaranteed in the rescue of Bank of America. BlackRock manages Maiden Lane, the Fed fund holding the disputed mortgage-backed securities.
The institutional connections are just the start of the tangle. There is a human element, too. J.P. Morgan Chairman and Chief Executive James Dimon is one of three bank CEOs on the New York Fed’s nine-person board of directors. Those CEOs’ banks compete with Bank of America and other banks targeted in the requests.
Check it out here…
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The CEO of Bank of America went on the national news on October 15th 2010 and lied his face off about the Foreclosure Terrorism that he is perpetrating at the expense of the American Dream. It made me so mad that I spent the entire next day writing a new song that is a tribute to the Banksters, Judges, and Politicians that are responsible for what is now being called Fraudgate. This song comes from my heart. Can someone forward it to him? http://www.youtube.com/watch?v=YGFZ1Jj3ui8
Mulligan Mortgages—The Banks’ Only Way Out
Because of how the MBS’s were structured, there was an inherent ambiguity as to who actually held the mortgage notes. This is crucial, because only the note-holder has standing in court to foreclose and evict a delinquent homeowner. No tickee, no laundry applies doubly to mortgage loans: No notee, no standing.
Mulligan Mortgages seem to be how the TBTF banks are keeping their own game alive: They seem to be chasing mortgage holders—whether in default or not—and offering them an expedited refinance of their mortgage loan.
In order to convince homeowners to sign on the line which is dotted, the banks have to give them something: What they give them is lowered monthly payments of at least a couple of hundred dollars a month. The banks can offer this without touching the principal of the loan by either refinancing the mortgage at a lower interest rate, or a longer term of repayment, or usually both.
http://tinyurl.com/2usjsb3
oh I have I have had alot of conversations with The federal reserve board and when the questions get hard , Muriel Payne answered and then was then out of town for days….
Ms. Brewer,
We have received the bank response and your file is under review. We anticipate a response to you by next week.
Thank you for your cooperation.
Muriel R. Payne
Bank Examiner
Federal Reserve Bank of New York
Legal and Compliance Risk Department
33 Liberty Street
New York, NY 10045
212-720-2190
FAX: 212-720-2845
sbrewer@email.com
02/19/2010 10:10 AM
To Muriel.Payne@ny.frb.org
cc
Subject Fwd: Complaint against The Bank of NY Mellon
Writing to check on the status of complaint as it has been over 60 days since the filing of the complaint.
—–Original Message—–
From: Muriel.Payne@ny.frb.org
To: sbrewer@email.com
Sent: Fri, Feb 5, 2010 12:20 pm
Subject: Complaint against The Bank of NY Mellon
Ms. Brewer,
This is to inform you that your complaint file is still under review by the Reserve Bank. We will advise you of our findings once the investigation is completed.
You may contact me at the number below with any questions.
Muriel R. Payne
Bank Examiner
Federal Reserve Bank of New York
Legal and Compliance Risk Department
33 Liberty Street
New York, NY 10045
212-720-2190
FAX: 212-720-2845
Good Afternoon, Ms. Brewer:
I recently contacted The BNYM re your complaint. They’d informed us that your complaint had been forwarded to the servicer, EMC, and that we may anticipate a response from EMC. We have not received any information. I will continue to communicate with The BNYM until we receive the information.
Thank you for your patience.
Muriel R. Payne
Bank Examiner
Federal Reserve Bank of New York
Legal and Compliance Risk Department
33 Liberty Street
New York, NY 10045
212-720-2190
FAX: 212-720-2845
sbrewer@email.com
03/01/2010 04:04 PM
To Muriel.Payne@ny.frb.org
cc
Subject Re: Complaint against The Bank of NY Mellon
Mr. Payne
I have not receieved a response as of today’s date March 1 2009. You may send that response via email and the written response to my home address.
Thanks,
Ms. Brewer
—–Original Message—–
From: Muriel.Payne@ny.frb.org
To: sbrewer@email.com
Sent: Fri, Feb 19, 2010 12:02 pm
Subject: Re: Fwd: Complaint against The Bank of NY Mellon
I will be out of the office starting 03/17/2010 and will not return until
03/25/2010.
You may contact June Binns with any questions or concerns.
Good Afternoon, Ms. Brewer:
You are correct, EMC does not own the loan, but it is our understanding that the servicer, EMC, makes the day-to-day decisions in connection with the loans. Inasmuch as they are not under our jurisdiction, I’m still attempting to get information regarding your case. Please know that I will continue to contact them to respond to you.
I apologize for not keeping you informed, but there wasn’t any new information to ‘report’. Nevertheless, going forward, I will keep you apprised of our efforts.
Thank you for your patience.
Muriel R. Payne
Bank Examiner
Federal Reserve Bank of New York
Legal and Compliance Risk Department
33 Liberty Street
New York, NY 10045
212-720-2190
FAX: 212-720-2845
sbrewer@email.com
03/17/2010 12:03 PM
To Muriel.Payne@ny.frb.org
cc
Subject Re: Complaint against The Bank of NY Mellon
Good Afternoon, Mr. Payne
Has the BNYM responded yet as this investigation seems to be at a stand still. It was my understanding that the FRB had 60 days to respond and the complaint was against the BNYM, not EMC the servicer because EMC is not saying they own it. According to the FDIC the BNYM said they own the mortgage and the FDIC would not satisfy my mortgage, which is incorrect because I have the note.
I hope you have addressed these issues with the BNYM because according to the prospectus in which the note was placed in was a FRAUD to the investors and I have been very patient. Their is serious jeopardy of the collapse of certificates and alot of unhappy investors.. Please communicate to BNYM the seriousness of this complaint…awaiting a timely response.
Ms. Brewer
This is just a sample …. I have more