Mortgage Deal Would Give States Enforcement Power

By Rick Rothacker and Aruna Viswanatha

February 1, 2012 1:35 PM EST

(REUTERS) -- A proposed settlement to resolve mortgage abuses by top U.S. banks will give states broad authority to punish firms that mistreat borrowers in the future, according to documents seen by Reuters on Wednesday.

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Under the settlement, which states are currently reviewing to decide whether they will join, the states and a separate "monitoring committee" will have the authority to go to court to enforce the terms and seek penalties of up to $5 million per violation.

A strong enforcement mechanism could help the states and the Obama administration sell the deal to the public, after left-leaning activist groups have questioned whether the negotiations were too lenient on the banks.

States have just a few more days to make a decision, and an announcement of a settlement could come as early as next week, people familiar with the talks said.

The settlement, expected to be filed as a consent judgment in federal court in Washington, D.C., will last for 3-1/2 years, according to documents laying out the pending deal's enforcement terms.

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Joseph Smith, the banking commissioner in North Carolina, is expected to serve as the monitor on the settlement, people familiar with the matter told Reuters on Monday.

Negotiations between state and federal officials to resolve allegations of misconduct in servicing home loans have stretched into their second year, as some dissident states said the proposed deal was too lenient on the banks.

In exchange for up to $25 billion, much in the form of cutting mortgage debt for distressed homeowners, the banks will resolve state and federal lawsuits about servicing misconduct and faulty foreclosures, and some lawsuits about how they made the loans.

Banks have been accused of robo-signing documents and other sloppy paperwork in unlawfully rushing to deal with a flood of foreclosures triggered by the 2007-2009 financial crisis.

The core group of banks involved in settlement talks are Bank of America Corp, Wells Fargo & Co, JPMorgan Chase & Co, Citigroup Inc. and Ally Financial Inc.

The final value of the settlement will depend on which states it includes, and could drop sharply if states like California, one of the hardest hit by the foreclosure crisis, do not join.

On Wednesday, Oregon Attorney General John Kroger said his state will join the settlement. He said Oregon can expect to receive around $30 million from the settlement, and its distressed homeowners can expect around $100 million to $200 million in relief.

GIVING THE STATES SOME MUSCLE

Some states have raised concerns that banks have not adequately followed through on prior settlements, a concern that has pushed government negotiators to establish more forceful enforcement mechanisms in this deal than have been used in the past.

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