This Washington Post story yesterday didn’t get as much attention as it ought to have.
Zachary Goldfarb reports on yet another breakdown in financial regulation at the federal level—one that’s all the worse because state regulators were pushing for action and got told to butt out.
In this instance it was state regulators pushing the Office of the Comptroller of the Currency to do something about banks’ sketchy foreclosure operations.
Good ol’ do-nothing John Dugan, former comptroller of the currency, is involved here:
When two banks - J.P. Morgan Chase and Wells Fargo - declined to cooperate, the state officials asked the banks’ federal regulator for help, according to a letter they sent. But the Office of the Comptroller of the Currency, which oversees national banks, denied the states’ request, saying the firms should answer only to inquiries from federal officials. In a response to state officials, John Dugan, comptroller at the time, wrote that his agency was already planning to collect foreclosure information and that any additional monitoring risked “confusing matters.”
But even as it closed the door on state oversight, the OCC chose itself not to scrutinize the foreclosure operations of the largest national banks, forgoing any examination of their procedures and paperwork. Instead, the agency relied on the banks’ in-house assessments. These provided no hint of the problems to come until they had tripped the nation’s housing market, agency officials later acknowledged.
Recall, it was state regulators and legislators who aggressively tried to crack down on predatory lending in the early part of the last decade but were thwarted by folks like Dugan’s predecessor at the OCC, John D. Hawke, who in a sort of states-rights Bizarro world asserted that nationally chartered banks couldn’t be regulated by state authorities.
And we have, again self-regulation, taken to its logical end. As if it wasn’t good enough for the banks to have their former lobbyist ensconced in the regulators’ chair, they got Dugan to outsource any actual oversight here to them. Great idea!
The upshot: A foreclosure scandal that has affected who knows how many homeowners and deprived many, many of due process. And:
Two weeks ago, for the first time, the OCC began sending its staff into the banks to examine their foreclosure operations, interview bank employees and review paperwork.
The Post is excellent to go back into the archives to report how the signs of a foreclosure scandal were out there for any regulator who bothered to look. Those included FTC settlements with banks like JPMorgan Chase, court cased (“a federal judge in Texas sharply criticized Countrywide Financial, later acquired by Bank of America, for hiring lawyers who ignored the rights of borrowers and being part of a “corrosive assembly line culture of practicing law”), and two GAO and Congressional Oversight Panel reports.
It’s hard to conclude anything other than the OCC didn’t want to know what was going on.

Go back farther than this, please: The Bush White House did not want anyone to know what was going on.
See "Predatory Lenders' Partner in Crime" published 14-FEB-2008 in the Washington Post, almost exactly one month before Bear Stearns crashed. (URL: http://www.washingtonpost.com/wp-dyn/content/article/2008/02/13/AR2008021302783.html)
How WaPo can conveniently forget this and act like OCC's role is news is beyond me. It's not as if Eliott Spitzer wrote many other op-eds for WaPo since 14-FEB-2008.
#1 Posted by Rayne, CJR on Tue 9 Nov 2010 at 11:39 AM
Only one data-point, but when I worked in DC I was told that OCC employees referred to banks as their "customers." Clears up a lot.
#2 Posted by ix, CJR on Tue 9 Nov 2010 at 12:15 PM
Look deeper and you find this attitude in nearly every regulatory agency, especially the financial ones but also the FDA.
Why? Because they are funded by the people they regulate, not by the public.
http://www.occ.gov/about/index-about.html
"The OCC does not receive appropriations from Congress. Instead, the OCC's operations are funded primarily by assessments on national banks. National banks pay for their examinations, and they pay for the OCC's processing of their corporate applications. The OCC also receives revenue from its investment income, primarily from U.S. Treasury securities."
The financial regulators are bound to reflect the interests of those funding them, especially since the collapse of Glass Steagal has allowed companies to shop for their regulators based on the diverse nature of their subsidiaries (Is it a thrift? Is it an investment Bank Is it an insurer? All of the above?) and the idea that these companies need regulatory consolidation (You own a thrift, therefore your insurance, investment, etc.. divisions will all be overseen by the one regulator - the Office of Thrift Supervision).
Regulatory Arbitrage. Felix Salmon covered OCC vs OTS shopping back in the day.
http://seekingalpha.com/article/144627-regulatory-arbitrage-anecdote-of-the-day
#3 Posted by Thimbles, CJR on Tue 9 Nov 2010 at 02:04 PM
Foreclosure Gang Rape, Louisiana Style. . .(re: Wells Fargo)
http://www.lawgrace.org/2010/11/11/foreclosure-gang-rape-louisiana-style-absolutely-verifiable/
". . .Assuming from the title of this essay, a reader could rightfully not be inclined to expect this narrative to be easy on the sensibilities. In fact, despite countless foreclosure information, this is probably as somberly gripping as a narrative can get concerning mortgage and foreclosure.
Not in a sexual sense, but “rape” here synonymously describes the following things that were forced upon the victim: defilement, molestation, exploitation, humiliation, bigotry, betrayal, invasion, revilement, assault, depredation, torture, despoliation, stigmatization, maltreatment, denigration, ruin, pillage, plunder, ransack, spoliation, violation, impingement, racism.
This true story is not being shared for persons with settled viewpoints about people in foreclosure deserving whatever happens. It is the victim’s appeal and hope that people who read this story will be prompted to outrage, as well as prompted to circulate this story until change comes –and not merely for this one victim.
". . .so that the ravished victim might have an opportunity to begin a road to recovery, an opportunity to begin recompense, to cease from being wrongfully blamed (notwithstanding other things deserved), the victim has no other choice –and is running out of time! Moreover, it is imperative this story be told so that the guilty persons, who boastfully flaunt before the victim, will be brought to justice, as well as prevented from additional such acts. . ."
#4 Posted by Barbara Ann Jackson, CJR on Fri 12 Nov 2010 at 06:32 AM
Current Congressional hearings on Hearing on Mortgage Services and Foreclosure Practices are exercises in futility until such such includes a THOROUGH probe of the LETHAL role of lawyers regarding mortgage and real estate repossessions! It alarms me that the 'Elephant in the Room' (hiding in plain sight) continues to not undergo investigation! Foreclosure fraud is IMPOSSIBLE WITHOUT an Officer-of-the-Court (a lawyer) filing civil, as well as bankruptcy judicial pleadings!
Investigations exclusive of the very lawyers who file court pleadings seems like a dog and pony show. Lawyers are required to prosecute legal claims by means of law, rather than predilections! Even if / when mortgage lenders instruct lawyers to file inappropriate or unlawful documents, a LAWYER is obligated to advise what can and cannot be lawfully done!
Our nation’s mortgage crisis has finally caused serious pondering of factors that indicate a mammoth creature (I am certain it is the judicial elephant!) might be the driving force for this incredible Banking debacle!
For myself, and people who ask me to help, I HOPE a graphic TRUE STORY, spelling out methods that judicial systems are utilized to accomplish fraudulent real estate conveyances, and unlawful collections, is a catalyst for needed CHANGE. The epitomizing foreclosure story is found here:
Foreclosure Fraud Assault - A Cry For Help http://newsblaze.com/story/20101116120222nnnn.nb/topstory.html
#5 Posted by Barbara Ann Jackson, CJR on Thu 18 Nov 2010 at 01:30 PM
"Although increasing numbers of courts are continuing to reject improper and fraudulent foreclosures, the Congressional Foreclosure Panel examination of mortgage services and foreclosure practices did not include foreclosure lawyers.
Lawyers are officers of the court; knowledge of applicable laws and civil procedure is not required from mortgage lenders. In states that require judicial foreclosures, lawyers are the ones who file lawsuits to seize and sell property; and lawyers are responsible for filing and recording foreclosure property deeds.
An investigation could prove helpful to sorting out whether improper and illegal foreclosure proceedings are linked to any self-dealing conduct disadvantaging lenders, investors, homeowners, and city governments. . .”
Request for Congressional Foreclosure Panel to Examine Foreclosure Lawyers
http://www.change.org/petitions/view/request_for_congressional_foreclosure_panel_to_examine_foreclosure_lawyers#
#6 Posted by Barbara Ann Jackson, CJR on Tue 23 Nov 2010 at 12:00 PM
9 minutes into this extended interview this gets interesting:
http://www.thedailyshow.com/watch/tue-november-16-2010/exclusive---bethany-mclean---joe-nocera-extended-interview
Regulators vs State Attorney Generals and laws. Federal right of Preemption. Worth a watch.
#7 Posted by Thimbles, CJR on Mon 29 Nov 2010 at 11:46 PM