What caused the financial crisis? The Big Lie goes viral.

Barry Ritholtz, Washington Post

I have a fairly simple approach to investing: Start with data and objective evidence to determine the dominant elements driving the market action right now. Figure out what objective reality is beneath all of the noise. Use that information to try to make intelligent investing decisions.

mortgage lies-fraud-auditBut then, I’m an investor focused on preserving capital and managing risk. I’m not out to win the next election or drive the debate. For those who are, facts and data matter much less than a narrative that supports their interests.

One group has been especially vocal about shaping a new narrative of the credit crisis and economic collapse: those whose bad judgment and failed philosophy helped cause the crisis.

Rather than admit the error of their ways — Repent! — these people are engaged in an active campaign to rewrite history. They are not, of course, exonerated in doing so. And beyond that, they damage the process of repairing what was broken. They muddy the waters when it comes to holding guilty parties responsible. They prevent measures from being put into place to prevent another crisis.

Here is the surprising takeaway: They are winning. Thanks to the endless repetition of the Big Lie.

A Big Lie is so colossal that no one would believe that someone could have the impudence to distort the truth so infamously. There are many examples: Claims that Earth is not warming, or that evolution is not the best thesis we have for how humans developed. Those opposed to stimulus spending have gone so far as to claim that the infrastructure of the United States is just fine, Grade A (not D, as the we discussed last month), and needs little repair.

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Federal mortgage servicer reviews target 4.5 million foreclosures

Jon Prior, Housing Wire

The reviews federal regulators required of the 14 largest mortgage servicers to determine how many borrowers were harmed by faulty procedures will span nearly 4.5 million loan files, according to Acting Comptroller of the Currency John Walsh.

In the coming weeks, homeowners who faced a foreclosure will be able to request a review of their case if they believed they suffered financially as a result of a servicer’s error. Direct mailings and an advertising campaign will target borrowers who received a foreclosure between Jan. 1, 2009, and Dec. 31, 2010.

In April, the 14 servicers, which include Bank of America(BAC: 6.99 -3.32%), JPMorgan Chase (JPM: 32.49 -2.81%), Wells Fargo (WFC: 24.33 -2.48%) and others,signed consent orders with the Office of the Comptroller of the Currency, its now absorbed Office of Thrift Supervision, and the Federal Reserve.

The orders settled an investigation into faulty servicing practices including robo-signing, dual-track foreclosures and a shortage of qualified staff to work with delinquent borrowers.

As part of their investigation, the regulators along with theFederal Deposit Insurance Corp. spent three monthsstudying 2,800 loan files, roughly 200 per servicer, but required third parties to handle the look-back reviews of any pending or completed foreclosure in the allotted time.

Walsh, during an American Banker symposium Monday, said the initial review was “not nearly enough to answer all questions.”

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Judge Whacks Wamu Reorganization Plan

Randall Chase, Associated Press

A Delaware bankruptcy judge on Tuesday refused for the second time to approve bank holding company Washington Mutual Inc.’s reorganization plan.

The judge said WaMu’s committee of equity security holders had made credible claims that that hedge funds supporting the plan engaged in insider trading of WMI securities based on information they obtained during the bankruptcy.

The hedge funds, referred to in court documents as the settlement noteholders, denied the allegations of insider trading. But Judge Mary Walrath said their conduct raises questions about how they treated settlement discussions in which they were involved.

“The court finds that the equity committee has made sufficient allegations and presented enough evidence to state a colorable claim that the settlement noteholders acted recklessly in their use of material nonpublic information,” Walrath wrote in the 139-page ruling.

The judge also said she was concerned that the bankruptcy case, already three years old, could “devolve into a litigation morass,” and that as the case drags on, potential recoveries for all parties dwindle.

As a result, Walrath ordered that the parties engage in mediation. She scheduled a status hearing for Oct. 7.

Washington Mutual’s reorganization plan is based on the proposed settlement of lawsuits that pitted Washington Mutual, the Federal Deposit Insurance Corp. and JPMorgan Chase against one another after the FDIC seized WaMu’s Seattle-based flagship bank in 2008 and sold its assets to JPMorgan for $1.9 billion in the largest bank failure in U.S. history.

Under the proposed settlement, the competing lawsuits would be dismissed and some $10 billion in disputed assets would be distributed among Washington Mutual, JPMorgan and the FDIC.

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FDIC Objects to BofA’s $8.5 Billion Mortgage-Bond Accord

David McLaughlin, Bloomberg

The Federal Deposit Insurance Corp. is objecting to Bank of America Corp.’s proposed $8.5 billion mortgage-bond settlement with investors, joining investors and states that are challenging the agreement.

The FDIC owns securities covered by the settlement and said it doesn’t have enough information to evaluate the accord, according to a filing today in federal court in Manhattan.

Bank of America has agreed to pay $8.5 billion to resolve claims from investors in Countrywide Financial mortgage bonds. The settlement was negotiated with a group of institutional investors and would apply to investors outside that group.

New York state judge was scheduled to consider approving the settlement in November. An investor group is trying to move the case to federal court.

Andrew Gray, an FDIC spokesman, declined to comment on the filing.

Lawrence Grayson, spokesman for Charlotte, North Carolina- based Bank of America, didn’t immediately respond to an e-mail seeking comment on the filing. Kevin Heine, a spokesman forBank of New York Mellon Corp. (BK), the trustee for the mortgage- securitization trusts covered by the agreement, didn’t immediately respond to an e-mail.

The state case is In the matter of the application of The Bank of New York Mellon, 651786/2011, New York state Supreme Court, New York County (Manhattan). The federal case is In the Matter of the Application of Bank of New York Mellon v. Walnut Place LLC, 11-cv-5988, U.S. District Court, Southern District of New York (Manhattan).

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Read what the FDIC filed below:

FDIC Objection to Bank of America Mortgage Settlement

 

 

 

 

 

 

 

 

 

 

 

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