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View Full Version : Bank of America to pay 1/3 billion to settle loan-discrimination claims... BUT...



Little-Acorn
12-21-2011, 07:40 PM
Found this article saying that Bank of America's Countrywide unit will pay $335 million over loan-discrimination claims.

But looking through the article, I haven't found where ANYONE identifies what Countrywide did that was discriminatory. Can someone help me out here? This is part of the article. The rest can be read at the URL cited.

It says in a few places that they did racial discrimination, and then goes on about how terrible racial discrimination is for the country. But I don't see any examples, or even any attempts to provide any, or even say any actually exist. In one place it says Countrywide's officers were free "to differ a loan’s interest rates and other fees". And then it says this opens the door to discrimination. And that's the closest it comes to actually saying anybody did something wrong.

Well, offering loans at all, "opens the door" to discrimination, doesn't it? Running a restaurant "opens the door to racial discrimination". Any service that anybody provides to the public, of any nature, "opens the door to racial discrimination". Even if the person doing it isn't doing any racial discrimination to anyone, never has, and never will. Of course the door is open. It's called "freedom", and any freedom can be abused. But was the freedom to set rates for loans, abused on racial grounds here?

Where is the slightest evidence that ANYONE was steered to a sub-prime mortgage loan because he was black or Hispanic, instead of the fact that his income was lower than standard practices called for? Or his past repayment record too delinquent? Or his down payment was too low (or was zero)?

Where is a study saying something like, "Of all the people with such-and-such marginal qualifications, 80% of the marginal white applicants received non-sub-prime loans while 70% of the marginal black applicants, with identical qualifications, were told that they could only get sub-prime loans with worse terms"?

Maybe the evidence it there. If so, this article does an excellent job of hiding it. Wouldn't such evidence or studies be the FIRST thing the author made sure to bring out?

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http://www.foxbusiness.com/industries/2011/12/21/bofas-countrywide-to-pay-335m-over-bias-case/

Countrywide to Pay $335M Over Discrimination Case

Written By Matt Egan
Published December 21, 2011
FOXBusiness

Bank of America’s (BAC: 5.23, +0.06, +1.16%) Countrywide Financial unit agreed on Wednesday to pay $335 million to settle allegations it discriminated against minority homebuyers by steering them toward dangerous subprime mortgages.

According to the Department of Justice, it marks the largest residential fair lending settlement in history. Covering actions between 2004 and 2008, the settlement offers financial compensation to more than 200,000 qualified borrowers who were charged higher fees or given subprime loans because of their race, not because of their creditworthiness, the government said.

"The department's action against Countrywide makes clear that we will not hesitate to hold financial institutions accountable, including one of the nation's largest, for lending discrimination," Attorney General Eric Holder said in a statement. "These institutions should make judgments based on applicants' creditworthiness, not on the color of their skin.”

After tumbling below the $5 threshold earlier this week for the first time since March 2009, BofA’s shares were recently up 0.68% at $5.21.

BofA said it is committed to fair and equal treatment of all customers and it will continue resolving remaining Countrywide issues, Dow Jones Newswires reported.

The DOJ said Countrywide’s business practices permitted its loan officers and mortgage brokers to differ a loan’s interest rates and other fees, opening the door to unfair pricing discretion based on race. The government accuses Countrywide of being aware of this discrimination, but failing to impose meaningful limits or guidelines to stop it.

Subprime loans are considered more dangerous because they often include prepayment penalties and exploding adjustable interest rates. These mortgages are believed to have helped cause the mortgage crisis and ensuing recession.

“Countrywide’s actions contributed to the housing crisis, hurt entire communities, and denied families access to the American dream,” said Thomas Perez, assistant Attorney General for the DOJ’s civil rights division. “We are using every tool in our law enforcement arsenal, including some that were dormant for years, to go after institutions of all sizes that discriminated against families solely because of their race or national origin.”


(Full text of the article can be read at the above URL)

fj1200
12-21-2011, 07:49 PM
But looking through the article, I haven't found where ANYONE identifies what Countrywide did that was discriminatory. Can someone help me out here? This is part of the article. The rest can be read at the URL cited.

...

Maybe the evidence it there. If so, this article does an excellent job of hiding it. Wouldn't such evidence or studies be the FIRST thing the author made sure to bring out?

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http://www.foxbusiness.com/industries/2011/12/21/bofas-countrywide-to-pay-335m-over-bias-case/


Bank of America’s (BAC: 5.23, +0.06, +1.16%) Countrywide Financial unit agreed on Wednesday to pay $335 million to settle allegations it discriminated against minority homebuyers by steering them toward dangerous subprime mortgages.

According to the Department of Justice, it marks the largest residential fair lending settlement in history. Covering actions between 2004 and 2008, the settlement offers financial compensation to more than 200,000 qualified borrowers who were charged higher fees or given subprime loans because of their race, not because of their creditworthiness, the government said.

...

The DOJ said Countrywide’s business practices permitted its loan officers and mortgage brokers to differ a loan’s interest rates and other fees, opening the door to unfair pricing discretion based on race. The government accuses Countrywide of being aware of this discrimination, but failing to impose meaningful limits or guidelines to stop it.

That's because the evidence is buried in the details of what they did. And they're settling allegations. Nevertheless I imagine all they had to do was run some reports that compared race against mortgage details with credit score and the damaging evidence would pop out. I like to think that they were guilty, even if only by disparate impact, rather than a shakedown by DOJ.

Little-Acorn
12-21-2011, 08:00 PM
That's because the evidence is buried in the details of what they did.
Reporters can't read and report details?


And they're settling allegations.
For 1/3 of a BILLION dollars?


Nevertheless I imagine all they had to do was run some reports that compared race against mortgage details with credit score and the damaging evidence would pop out.
I imagine that all they had to do was PROVE IT was due to racial discrimination. Yet nowhere in this article could I find any proof, or any hints about where such proof could be found, or even any implication that such proof existed at all.


I like to think that they were guilty, even if only by disparate impact, rather than a shakedown by DOJ.
I'd like to think that too - that this wasn't a shakedown by DOJ. But this article isn't helping me think that in the least.

I don't know if Countrywide was guilty or not. Maybe they were.

But suppose that a totally different mortgage company, XYZ Inc., was in fact as pure as the driven snow and had never done the slightest bit of racial discrimination EVER.

You could write exactly the same article about XYZ Inc. - a company that was completely innocent.

Thunderknuckles
12-21-2011, 08:40 PM
Apparently they compared loans granted to whites and minorities of similar credit worthiness and found minorities got the shaft.
At least that's what I heard on the radio coming home tonight.

The settlement is probably in their best interest. BofA shares were up after the news so investors seem to agree. Get it out of the way and move on.

Missileman
12-21-2011, 10:55 PM
Apparently they compared loans granted to whites and minorities of similar credit worthiness and found minorities got the shaft.
At least that's what I heard on the radio coming home tonight.

The settlement is probably in their best interest. BofA shares were up after the news so investors seem to agree. Get it out of the way and move on.

Heard the same thing...also heard they steered minority borrowers towards sub-prime even if they qualified for prime.

fj1200
12-21-2011, 11:37 PM
Reporters can't read and report details?

You assume reporters have access to the same information that both sides had. Highly unlikely if they're running internal comparisons.


For 1/3 of a BILLION dollars?

Which leads me to believe that not only were they guilty of the allegations but that there was some specific intent. Even if it was just poor compensation incentives and a lack of internal compliance rather than outright discrimination.


I imagine that all they had to do was PROVE IT was due to racial discrimination. Yet nowhere in this article could I find any proof, or any hints about where such proof could be found, or even any implication that such proof existed at all.

You overestimate what you're entitled too.


I'd like to think that too - that this wasn't a shakedown by DOJ. But this article isn't helping me think that in the least.

I don't know if Countrywide was guilty or not. Maybe they were.

But suppose that a totally different mortgage company, XYZ Inc., was in fact as pure as the driven snow and had never done the slightest bit of racial discrimination EVER.

You could write exactly the same article about XYZ Inc. - a company that was completely innocent.

I'll throw down a 1/3 billion dollar bet that Countrywide was guilty. I've known plenty of financial reps, for banks or otherwise, that don't always have the clients best interest at heart. If Thunder and Missile's info is correct it validates the article.

I'm not sure where you're going with XYZ but Countrywide was definitely on the radar to be looked into.

Little-Acorn
12-22-2011, 12:42 AM
Apparently they compared loans granted to whites and minorities of similar credit worthiness and found minorities got the shaft.
At least that's what I heard on the radio coming home tonight.


Well, considering the claims that have been floating around for the last few years, I'm afraid "apparently" won't cut it. Any good journalist would come up with a few hard facts and examples. This one has yet to do so.

When a "journalist" confines his "reporting" to just telling me what I should think about the story, rather than details of what happened in the story, I don't take his word for it. BTDT, got the election results... and they have been unsatisfactory too many times.

logroller
12-22-2011, 01:32 AM
I'd venture to guess that, like many other heavily regulated industries, much of the data is confidential business information; regulators get to see it, but its not public information...unless it goes to court; whereas by settling, they can avoid having their dirty laundry hung out for public purview. Because imagine if the truth was laid out for people to see and make their own decisions :eek: We should be thankful big brother knows what we don't need to know. :rolleyes:

fj1200
12-22-2011, 01:53 AM
Well, considering the claims that have been floating around for the last few years, I'm afraid "apparently" won't cut it. Any good journalist would come up with a few hard facts and examples. This one has yet to do so.

When a "journalist" confines his "reporting" to just telling me what I should think about the story, rather than details of what happened in the story, I don't take his word for it. BTDT, got the election results... and they have been unsatisfactory too many times.

:rolleyes: Don't worry that attorneys from at least two sides have gone over the data/evidence and a settlement will be approved by a judge throw you that some measly journalist couldn't pull every single fact into a story.

Gaffer
12-22-2011, 03:27 PM
Who was the money paid to? I suspect a number of liberal advisors and supporters are now considerably richer. Nothing like a court condoned pay off and maybe a bit of money laundering.

logroller
12-22-2011, 09:20 PM
Who was the money paid to? I suspect a number of liberal advisors and supporters are now considerably richer. Nothing like a court condoned pay off and maybe a bit of money laundering.

More like racketeering, but its legal when the govt does it; they're protecting us.:rolleyes:

fj1200
12-23-2011, 06:54 AM
^Lots of things are legal when the government does it. :(