The Great Mortgage Cover-Up

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Bank of America, their N.C. headquarters are shown above, acquired Countrywide Financial in Jan. 2008.  Chuck Burton/AP File

Whistleblower lawsuits made public in recent weeks shed new light on abuses in the mortgage industry that led to — and continued well after — the housing crash in 2007.

The cases suggest that fraud inside the banking industry continued years after the meltdown, some as late as 2011. They have been made public as federal officials put the finishing touches on the $25 billion mortgage fraud settlement with five major lenders.  

A suit unsealed March 7 alleges that Bank of America fraudulently misled borrowers and regulators in order to keep customers out of mortgage modifications that would have cost the bank money but potentially prevented foreclosures — making “a mockery of a program designed by Congress and the Treasury Department to help millions of struggling American homeowners,” the complaint stated.

As a condition of accepting $45 billion from the federal bank bailout, Bank of America promised to help move troubled borrowers into the taxpayer subsidized Home Affordable Modification Program (HAMP).

But that’s not what happened, according to the whistleblower suit filed by Gregory Mackler, formerly an employee of Urban Lending Solutions, the company Bank of America contracted to manage HAMP complaints.

Mackler claims the company developed a host of strategies to evade required HAMP modifications, using stalling tactics designed to run down the clock on the window of time borrowers were eligible for federally subsidized loan modifications.

The suit claims Bank of America:

The Great Mortgage Cover-Up

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A group of residents and clergy members from Northern Virginia march to General Electric's office in Washington, DC to protest the company's former subprime lender, WMC Mortgage Corp. Emma Schwartz/Center for Public Integrity

A crowd of Northern Virginia residents and clergy members marched to General Electric's offices in Washington, D.C., today, demanding that the company's CEO, Jeffrey Immelt, take responsibility for helping homeowners who received subprime loans from the company's now-closed mortgage arm, WMC Mortgage Corp.

WMC, was the subject of a Center for Public Integrity investigation, which found that after GE bought WMC in 2004 it continued to ignore complaints from compliance officers about suspicious loans supported by inflated incomes and falsified documents. After having pumped out roughly $110 billion in high-cost loans, the company’s finances began faltering and GE shuttered the unit in 2007

The FBI is now investigating WMC.

At today’s protest, Rev. Clyde Ellis, pastor at Mt. Olive Baptist Church in Woodbridge, VA, led off a series of speakers with a call-and-response litany of Immelt and WMC’s ills. “They made loans that were structured to fail!” he said.

“Shame!” the knot of roughly 75 protesters shouted back into the building’s otherwise empty lobby and 10-story high atrium.

The protestors were led by a coalition of religious groups, Virginians Organized for Interfaith Community Engagement (VOICE), which targeted GE because they say the company has refused to consider investing money in nearby Prince William County to help struggling homeowners make up for the equity and losses they incurred from the subprime loans. VOICE has successfully begun negotiations for reinvestments with other major lenders, including Bank of America. 

The Great Mortgage Cover-Up

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General Electric CEO Jeff Immelt, right, waits for the start of the company's annual shareholders meeting. Tony Dejak/AP file
Federal authorities are investigating possible fraud at General Electric Co.’s former subprime mortgage arm amid increased public pressure to hold Wall Street accountable for its role in the financial crisis.

The Great Mortgage Cover-Up

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Sheila Timmons has spent years trying to fix up the modest coal company-built house she bought in 1998. Now she's fighting General Electric to try and save the home. F. Brian Ferguson
Sheila Timmons, a single mother of two from a West Virginia coal town, is fighting a legal battle against General Electric Co., one of America’s most powerful corporations. How this happened is a story about the dream of home ownership and, Timmons claims in a lawsuit, corporate fraud.

The Great Mortgage Cover-Up

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A branch of Washington Mutual bank is shown at the Embarcadero Center in San Francisco. Eric Risberg/AP
In the case of the salesman who wouldn’t sell, the two sides have starkly different tales to tell. Greg Saffer says conscience and common sense prevented him from pushing the product his bosses wanted him to sell — “Option ARM” home loans that, he says, put homeowners at risk.

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Staff Writer iWatch
Michael Hudson covers business and finance for iWatch News. He has worked as a staff writer at the Roanoke (Va.) Times and the Wall Street Journal. The Columbia Journalism Review called him the reporter who “beat the world on subprime abuses.” His book, “THE MONSTER: How a Gang of Predatory Lenders and Wall Street Bankers Fleeced America—and Spawned a Global Crisis,” was named “Book of the Year” by Baltimore City Paper and called “essential reading for anyone concerned with the mortgage crisis” by Library Journal.