Michigan may benefit from Bank of America $16.65B settlement

Staff and wire reports

Washington – — Bank of America’s record $16.65 billion settlement for its role in selling shoddy mortgage bonds — $7 billion of it geared for consumer relief — offers a glint of hope for desperate homeowners.

The settlement requires the second-largest U.S. bank to reduce some homeowners’ loan balances, provide new loans to low-income buyers and address areas of neighborhood blight.

Unlike other settlements over shoddy mortgage servicing or fraudulent foreclosures, Michigan wasn’t a party to the settlement, which was reached between by the bank with the Justice department, Department of Housing and Urban Development, the Government National Mortgage Association, and the states of New York, Maryland, Kentucky, Illinois and Delaware.

Michigan homeowners with mortgages from Bank of America will be eligible for loan modifications and other aid contained in the settlement, however, and some money could still come to the state through the settlement’s requirement to help neighborhoods blighted by foreclosures that resulted from bad mortgage loans.

“We’re not expecting a direct payment to the state, but that doesn’t mean Michigan homeowners won’t benefit,” said Joy Yearout, spokeswoman for Attorney General Bill Schuette. “We’re still waiting for the details from the Department of Justice on how Michigan homeowners will benefit.”

In March 2012, the Justice Department, the Department of Housing and Urban Development and 49 state attorneys general reached a $25 billion settlement with five large national mortgage servicers to address foreclosure abuses. Schuette signed on to the agreement in February 2012, one month before the settlement was announced, and claimed $1.5 billion of the settlement, with Michigan also receiving another $97 million directly from the servicers.

Under the settlement reached announced Thursday with Bank of America, consumer advocates say relatively few people will be helped relative to the devastation triggered by the mortgage bonds, which fueled the worst financial crisis since the 1930s and threw millions of homes into foreclosure.

Only a fraction of homeowners would be eligible for refinancing under the settlement. And the process by which people would qualify and receive aid could drag on for years, with payouts set to be completed as late as 2018.

Those who have already lost homes to a foreclosure or a short sale — when a lender accepts less money from a sale than what the borrower owes — wouldn’t likely benefit at all.

“It is certainly better than nothing,” said Bruce Marks, chief executive of the nonprofit Neighborhood Assistance Corporation of America. “But for the millions who lost their homes, it reinforces the appearance that the government has not been on their side.”

Monnette Holland had been anxiously waiting for the settlement, wondering if it might save her four-bedroom home in Franklin, Virginia.

“It has been a nightmare,” she said. “I was hoping that we could keep our home.”

Holland had refinanced her house in 2006 with Countrywide, a firm that was later bought by Bank of America and that made up the bulk of toxic mortgage securities involved in the settlement.

Holland, a 65-year-old former legal secretary, used the proceeds from the refinancing to pay off auto loans and install a new roof and windows. But then her husband was forced into an early retirement at a paper mill. And Holland had to go on disability because of arthritis and other health problems.

The couple tried and failed several times to modify their mortgage, only to learn that its owner kept changing: After Countrywide, it was Bank of America, then Specialized Loan Servicing and most recently Bank of New York Mellon.

As an alternative to foreclosure, Holland listed her house — worth $270,000 at its peak — for less than $90,000 in a short sale. A buyer made an offer just days ago.

The Bank of America settlement will include the appointment of an independent monitor to review the consumer relief. This could take weeks and mean that “thousands of people who right now are in default or foreclosure” will miss the chance to reduce their mortgage balances, said Shanna Smith, president of the National Fair Housing Alliance.

The agreement with Bank of America caps a trio of deals over the past nine months. Each has been designed to punish some of the country’s leading financial institutions for their roles in bundling subprime mortgages into securities misleadingly sold as safe investments despite the high likelihood that borrowers would default.

JPMorgan Chase & Co. agreed to a $13 billion settlement while Citigroup reached a separate $7 billion deal. Though the JP Morgan chase settlement was announced in November, the planned $4 billion in relief has yet to benefit many homeowners, according to the New York-based Home Defenders League.

Bank of America had initially resisted a settlement, because almost all the nearly trillion dollars worth of troubled mortgage securities originated from Countrywide and Merrill Lynch, the two troubled firms the bank acquired in 2008 as the financial market meltdown erupted.

But a federal judge in Manhattan ruled in a separate case that Bank of America was liable for those pre-merger mortgages and issued a penalty of nearly $1.3 billion. That helped spur the bank to forge a deal, with chief executive Brian Moynihan saying Thursday that it is “in the best interests of our shareholders and allows us to continue to focus on the future.”

Detroit News Finance Editor Brian O’Connor and the Associated Press contributed.