BofA CEO Moynihan Faces Scorn Of Shareholders And Protesters

Tells Shareholders To Call Toll-free Number About Mortgage Servicing Issues

Hugh Son, Bloomberg

Bank of America Corp., the second- biggest U.S. lender, is following a “disciplined” strategy to rebuild, Chief Executive Officer Brian T. Moynihan said today as protests swirled inside and outside the firm’s annual meeting.

Moynihan, 52, presided over a contentious two-hour gathering as shareholders pressed him on complaints ranging from mortgage practices and foreclosures to customer service and political contributions. One attendee at the Charlotte, North Carolina event lamented the lost value of his shares and referred to the bank as “a felon.”

“We abide by the law every day,” Moynihan said, adding that managers are cleaning up the bank’s practices and that 50,000employees are giving borrowers “every chance” to get mortgage modifications. “I think we’re doing everything we can,” he said.

Investors and protesters from San Francisco to London have used shareholder meetings this year to denounce financial firms for making shoddy loans and overpaying executives. Bank of America’s stock has lost almost half its value since the start of 2010, when Moynihan was named CEO.

Much of the criticism stems from Bank of America’s 2008 takeover of Countrywide Financial Corp. The subprime lender has been blamed by lawmakers for fueling the housing collapse, by regulators for sloppy and discriminatory lending and by investors for driving more than $40 billion of costs tied to soured mortgages and improper foreclosures.

Mortgage Servicing

At least three speakers at the meeting told Moynihan that the bank has failed to improve mortgage servicing after years of complaints that employees gave wrong information, didn’t return phone calls and repeatedly lost paperwork.

“You’ve got to do something about your mortgage servicing,” one speaker told Moynihan. The CEO told borrowers in the hall and “everyone out there” that he personally pledged the bank would work with them. “You can call us and we will figure it out,” he said, eliciting laughter in the audience as he encouraged them to dial a toll-free number. Moynihan said 1 million modifications have been completed, “and I don’t think we could have done that without being competent.”

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Lehman Docs Show Wall Street Arrogance Led To Financial Collapse

William D. Cohan, Bloomberg

If one wants to understand the full complicity of Wall Street in the Great Recession, look no further than the voluminous package of pre-collapseLehman Brothers documents that have been made available by the law firm Jenner & Block LLP, which has acted as the coroner in the Lehman post-mortem.

Most important, the cache dispels the myth that Dick Fuld, chief executive officer of Lehman Brothers Holdings Inc., and his close associates were unaware of the risks their business faced in 2007 and 2008. That would be bad enough, but the more devastating reality is that Fuld and his sycophants were warned repeatedly but were blinded by their hubris.

The records confirm, yet again, that the “forces-out-of- our-control” argument we hear from Wall Street leaders is bunk. It is the ill-advised behavior of one banker after another, day in and day out, that leads to the sort of devastating financial crisis we are only now emerging from.

For instance, at a Lehman board meeting in September 2007, according to a copy of the presentation in the data cache, Lehman executives presented a clear summary of the brewing crisis. “The initial tremors were felt at the end of 2006,” the board was told, “when the poor loan performance of sub- prime borrowers began to be a cause for concern in the marketplace. This was evidenced by a gradual spread widening in the asset backed index.” The presentation continued: “The market continued to widen as it became apparent that the performance problems in mortgage loans was not going to abate and was no longer limited to the sub-prime market but also affecting the Alt-A product.”

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Swiss Missed: UBS loses bid to dismiss FHFA mortgage debt case

Jonathan Stempel, Reuters

A U.S. judge has rejected UBS AG’s (UBSN.VX) bid to dismiss a federal regulator’s lawsuit accusing it of misleading Fannie Mae (FNMA.OB) and Freddie Mac (FMCC.OB) into buying billions of dollars of risky mortgage debt.

U.S. District Judge Denise Cote in Manhattan said on Friday that the Federal Housing Finance Agency may pursue claims that UBS violated federal securities laws by misleading Fannie Mae and Freddie Mac into buying $6.4 billion of subprime and other residential mortgage-backed securities.

The case is one of 17 that the FHFA filed last year against banks over losses suffered by the housing finance giants on approximately $200 billion of mortgage debt. Cote’s decision is the first to consider a defendant bank’s motion to dismiss, and the judge’s reasoning may also be applied in the other cases.

“The court is essentially saying that banks do not get to plead ignorance when they had an obligation to provide information to investors,” said Kathleen Engel, a professor at Suffolk University Law School in Boston and co-author of “The Subprime Virus.”

“It will give the FHFA a lot of confidence to pursue its cases, and make the banks very skittish.”

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BofA Shareholders And Protesters Target BofA Management Over Foreclosures

Andrew Dunn, Charlotte Observer

Shareholders making their way to Bank of America’s annual meeting in uptown Charlotte on Wednesday may find themselves weaving through scores of protesters angry over everything from coal-project financing to executive pay.

The shareholders have concerns of their own: Bank of America’s stock price has fallen nearly 40 percent since last year’s annual meeting in Charlotte. And despite a modest rebound so far in 2012, the lender’s performance still lags its big-bank peers.

While protesters and shareholders have vastly different concerns, they do have one major issue in common: the bad mortgages that continue to weigh down the bank.

Subprime mortgages contributed to hundreds of thousands of people losing their homes. They also have cost the bank billions in legal settlements and loan losses.

Protesters want to see a halt to foreclosures. Shareholders, weary of write-downs and legal costs, are eager for the bank to put the mortgage issues behind it and focus on growth.

 

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