February 05, 2016
The Financial Crisis Penalties Will Never End
Posted by David Zaring

Today the Fed issued a $131 million penalty against HSBC for playing fast and loose with some of the evidence designed to support its mortgage foreclosure documentation, which it amped up in the wake of the financial crisis.  It got the bank to agree to a consent order to stop doing that in 2011, and took its sweet time in assessing a fine.  But don't worry, it wasn't just HSBC:

The terms of the monetary assessment against HSBC are similar to those that were part of the penalties issued by the Board in February 2012 and July 2014 against six other mortgage servicing organizations that reached similar agreements with the U.S. Department of Justice and the state attorneys general.

Matt Levine observed only yesterday that "The supply of pre-crisis mortgage misconduct seems limitless, the statutes of limitations are flexible, and the mortgage-lawsuit industry may be too large and lucrative ever to really end."  It turns out that we are still in business on post-crisis foreclosure dodginess, too.

I wrote an article that was meant to serve as a pretty comprehensive overview of the way that the crisis has played out in the courts.  And I still like the article.  But it turns out that I wrote it in media res.

Administrative Law, Financial Crisis, Financial Institutions | Bookmark

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