I criticized some journalists the other day for perpetuating the silly bank spin that the foreclosure fraud scandal is a mere paperwork problem or ultimately borrowers’ fault for defaulting in such enormous numbers.
But Duff McDonald has about as pure an apology for the banks as we’ve seen yet. It’s a poorly reasoned argument. And it’s in Fortune, naturally.
We get a full dose of blame-the-borrowers big time—and in the lede:
Before we take the entire banking industry to task on the foreclosure mess, it bears reminding that the source of the problem is people who bought homes they couldn’t afford. Let’s blame them, too.
Then we get the ol’ misdirection from the matter at hand: Whether banks and servicers committed widespread fraud to kick people out of their homes without due process:
But I find it very hard to process the notion that the onslaught of foreclosures in this country does not have more to do with a failure of conservative financial planning than with some insidious criminality by lenders.
Well, I find it very hard to process the notion that revelations of mass-scale lender fraud leads to an unsupported attack on borrowers. Odder still, we have actual evidence of “insidious criminality” on the lender side. That’s why the feds are investigating.
Where, you have to wonder, is the parallel evidence of a spontaneous mass breakdown of Americans’ financial planning abilities sometime in the mid-2000s?
Then there’s this straw man:
That said, I’m amazed that the country has congealed into the belief that every single borrower who signed a mortgage document has an escape hatch that somehow puts blame on their lender when they can’t pay their debts.
I haven’t seen or heard the sentiment anywhere else, and McDonald, of course, links to no examples of it. So which “the country” is this? Weak sauce.
That’s immediately followed by this:
While I am much more inclined to believe that buyers of so-called securitized debt instruments might have been defrauded by their packagers…
You don’t say!
… I am at a loss to understand how so many individual homeowners signing loan documents for debt they could ultimately not afford were somehow the victims of a crime.
Interesting, isn’t it, how institutional investors are presumed to be victims, while civilian borrowers are irresponsible? At this point, one can only admire this faith in the U.S. mortgage industry.
Again, McDonald is arguing against a straw man. Not “every single borrower” was “somehow the (victim) of a crime.” But these things are not mutually exclusive. I can sign up for a mortgage I can’t afford and still be illegally foreclosed on by banks. There are laws for this kind of thing. Even the bankers have to follow them.
What’s more, it’s well established (though still not to our satisfaction in the press) that scads of borrowers were put into bad loans they didn’t understand by predatory lenders paid more to deceive them.
McDonald also brings on the technicality argument:
Three: I wrote a book about Jamie Dimon called Last Man Standing. In it, I praise him for a sense of ethics often found lacking in financial services CEOs. And yet this week, JPMorgan Chase (JPM) is taking the brunt of a populist firestorm that is shocked - shocked! - that the processing of millions of foreclosure documents may have taken on somewhat of a robotic quality. Again, I take no issue with the requirement that we all follow the law, and if JPMorgan Chase or others broke it, then they should pay the appropriate price. But the law also holds that people who default on their loans must forfeit the property pledged as security. It’s as simple as that, and Dimon agrees. “We’re not evicting people who deserve to stay in their house,” he told shareholders on Wednesday.
There are so many things wrong with this paragraph that I’m going to have put ordinals on them.

Excellent read. Thank you
#1 Posted by Ontarget, CJR on Tue 19 Oct 2010 at 08:55 PM
Why isn't the D O J investigating the fraudlant multi pledged "mortgage backed" derivatives? That is the true problem. The bank executives are criminals and belong in jail.
#2 Posted by Hartley Lord, CJR on Wed 20 Oct 2010 at 03:30 PM
Ontarget, the interesting thing is that historically, it wasn't the responsibility of the borrowers to determine how much house is too much house. It was always the job of the underwriters to establish how much house was too much house. I wrote about this and published it today: http://hubpages.com/hub/Proof-That-Basel-2-Caused-Ponzi-Housing-and-Foreclosuregate
I maintain from that site that the housing bubble was a planned scam and there are proofs there that show this wasn't about a black swan, or sloppy paperwork. And don't worry, the bankers want you to believe it was the borrowers' fault. But don't forget who Santelli works for, CNBC. Of course a CNBC boy would call a borrower who is underwater a "loser". That is what predators do.
#3 Posted by Gary Anderson, CJR on Wed 20 Oct 2010 at 08:59 PM
It needs to be said over and over until they stop:
Every "irresponsible borrower" was in fact first and foremost a *customer*. One who was poorly served by well paid professionals all along the chain (not just loan officers, but appraisers, realtors etc.) who also damaged the interests of their employers with their incompetence and greed.
rinse, repeat etc.
#4 Posted by amateur socialist, CJR on Thu 21 Oct 2010 at 07:24 AM
Just curious, but who loaned the money to the borrowers who bought homes they couldn't afford? Who relied on mortgage brokers for loans while knowing that the broker didn't get paid unless the loan was issued? Who allowed brokers to put borrowers into stated income loans, essentially conspiring with the broker in the fraud? This is like leaving your 16 year old home alone for the weekend and then pretending to be shocked when the cops call you on Saturday night to tell you there's a 10 kegger going on at your house and everyone's underage. Please.
#5 Posted by Bob, CJR on Thu 21 Oct 2010 at 08:17 AM
Just curious, but who loaned the money to the borrowers who bought homes they couldn't afford? Who relied on mortgage brokers for loans while knowing that the broker didn't get paid unless the loan was issued? Who allowed brokers to put borrowers into stated income loans, essentially conspiring with the broker in the fraud? This is like leaving your 16 year old home alone for the weekend and then pretending to be shocked when the cops call you on Saturday night to tell you there's a 10 kegger going on at your house and everyone's underage. Please.
#6 Posted by bob, CJR on Thu 21 Oct 2010 at 08:32 AM
Magnificent fisking of this hackish article, Ryan. Wow. Lots more of that, please.
We've been hearing a lot about Fortune Mag lately. And not in a good way.
#7 Posted by James, CJR on Thu 21 Oct 2010 at 08:54 AM
Just who put a gun to the head of lenders forcing them to give mortgages to people who couldn't afford to pay them back? Geez, I'm always eager to lend any amount to anybody that walks up to me on the street and asks for some dough.
We are now living in bizzaro world.
#8 Posted by Pete, CJR on Thu 21 Oct 2010 at 09:35 AM
Well said.
#9 Posted by meli, CJR on Thu 21 Oct 2010 at 06:39 PM
@ Pete
You asked, "Who put a gun to thr head of the lender" etc.
The snswer to that would be the government. Barney Frank forced banks to make loans to people that could not afford them and even issued qoutas that they had to meet.
This is info I have read on other sites. Google it and do your own research. I think it is amazing that the government would do this. That is part of the reason for the bailouts. The government did not want this to come out. If the NY FED keeps pushing Bank of America, I think it may come out anyway. I have seen a few instances where Barney Frank denying responsibility.
Something else that catches my eye. Bank of America is the only one being sued over this. I thought it odd until I remembered that BAC did not have anything to do with the initial forming of the FED. But that is really a whole other story.
#10 Posted by Jesse, CJR on Thu 21 Oct 2010 at 08:15 PM
Great post! I love how you've completely dismantled everything about this article. I was laughing out loud. I can't wait to hear his defense now.
Thanks for the laughs, that dood got pwnt!
#11 Posted by Jake Nady, CJR on Fri 22 Oct 2010 at 07:14 PM