Monday, April 16, 2012

Canada Strikes Show Need for LABOR MOVEMENT



Attacks on Teachers, Airline Workers, and Public Pensions in Canada Highlight Need for a Fighting Labor Movement

by Roger Annis

A trend is taking hold across Canada of working class resistance to the capitalist crisis and attacks by governments and corporations on workers' rights and the social wage. Library workers in the city of Toronto and transit and university workers in Halifax recently went on strike, as did daycare workers in Quebec. Workers at Air Canada have staged a series of protests and strikes in the past year. Teachers and students in British Columbia recently struck for better education, while in Quebec students are waging a spectacular mass campaign against rises in post-secondary tuition fees. Provincial government workers are restive.

Some 300,000 government service workers in British Columbia are bargaining a new collective agreement and saying no to the same wage and services freeze the government is seeking to impose on teachers. The government of Ontario recently delivered a budget that aims to cut billions of dollars in services and thousands of jobs. Equally noticeable is the lag in organizing the broad solidarity necessary for these struggles to win. This article examines the two sides of a dynamic and unfolding reality.

Teachers Defend Education

The 41,000 members of the BC Teachers' Federation (BCTF) are in the midst of a bitter collective bargaining confrontation with the provincial government. They are fighting a two-year salary freeze that the Liberal government is seeking to impose. They also want to win back the right to bargain class sizes and other aspects of their work that directly affect the quality of the education they provide. Teachers began job action at the beginning of the school year, last September, declining to participate in voluntary activities and cooperate with administrators, including refusing to fill out report cards. Job action escalated into a three-day strike beginning March 5 when the government announced it would impose a draconian law to strip away the right to strike and send disputed issues to a skewed "mediation" process. Bill 22 says mediation must correspond to the government's guideline of a two-year, "net zero" increase to education spending. The bill was passed into law on March 17. It imposes stiff penalties on the union and individual teachers for strike or other job action. Further strike action appears unlikely. The union is mulling participation in the government's mediation, something it said earlier it would not do. It recently announced it would mount a major effort over the coming year to unseat the government. The next provincial election will take place in May 2013. Support for the teachers' struggle has been very strong in the province, including a province-wide strike by secondary school students on March 2. But it has been lacking from other unions. Notwithstanding the fact that the government and its popularity is "in free fall," according to the BCTF and confirmed by recent polls, the broader labor movement in the province has not mobilized in support of teachers. The BCTF expects it will get a more sympathetic ear should the opposition New Democratic Party get elected in 2013. The trade union-based party is leading the Liberals in the polls by a huge margin. But its leaders have stated they will not repeal Bill 22 and they have not said if and how they would satisfy teacher/parent/student grievances.

Airline Workers Get Hammered

Airline workers in Canada suffered a blow on March 18 and 19 when the aircraft maintenance company AVEOS staged a bankruptcy that has thrown some 2,600 highly skilled workers out of work in Montreal, Winnipeg, and Vancouver. The company said it is out of money and may not even meet its salary and pension obligations to workers.The flagrant abuse of this bankruptcy spectacle has angered and offended the people of Quebec in particular. About 1,800 of the affected workers are in Montreal. For several days following the bankruptcy announcement, AVEOS workers protested and blocked traffic leading into the corporate offices of Air Canada in the city.On March 21, the National Assembly of Quebec (provincial government) passed a resolution unanimously demanding the federal government undertake "all possible legal recourse" to keep the AVEOS facility open. Talks and legal actions are underway to revive some or all of the shuttered AVEOS/Air Canada operation, including using money from the state-assisted Solidarity (capital investment) Fund of the Quebec Federation of Labour.In British Columbia, the legislative assembly unanimously adopted a resolution in early April that asks the federal government to accord to the AVEOS facility in Vancouver whatever job protection might be won in other cities.

Declining Conditions of Airline Workers

AVEOS was created in 2007 by Air Canada, the largest airline in the country. It was a spinoff of a portion of its aircraft maintenance division. The airline shifted its heavy maintenance work to the shadow company while keeping its line maintenance in house. ("Heavy maintenance" is the major overhaul that aircraft routinely require in order to remain safe to fly. "Line maintenance" is the repair and maintenance required by aircraft while in service, typically retained by airlines for reasons of quality control and speed of service.)Around the time that AVEOS was created, Air Canada purchased a heavy maintenance aircraft repair facility in El Salvador, where wages are about 15 percent of what the company pays in Canada. Although that facility became part of AVEOS, its ownership structure was jerry-rigged to keep it unaffected by a future 'bankruptcy' of its parent. The airline thus became well placed to shift its heavy maintenance elsewhere for a fraction of the cost.The moves to offload maintenance of aircraft were only the latest in a series of steps by investors to loot Air Canada of its accumulated value following the privatization of the airline in 1988. Among the many moves that have earned hundreds of millions of dollars for the directors and shareholders of Air Canada since its privatization are: Lowering of salaries and benefits of operations workers (cleaning, baggage handling, handing of planes at terminals, etc.) through a two-tier system of remuneration of new hires. Expansion of part-time and on-call work wherever possible. Purchase of Air Canada's largest competitor, Canadian Airlines, in 2001 and then declaration of insolvency in 2003 to liquidate debt from that and other acquisitions. Sale in the early 2000s of Air Canada's engine repair shops to a foreign buyer specializing in that work.Sale of the flyer rewards division of the airline. Creation of a short-haul (under three hours of flying), lower-wage division of the airline, called "Jazz." The gradual breakdown of common bargaining among the three or four major unions at the airline.Other attacks on Air Canada workers are taking place simultaneous to the AVEOS shutdown, notably against the right to bargain collective agreements. Beginning last year, the federal government now routinely outlaws strikes at the airline. Bargaining in 2011 prompted job actions by two of the three major unions at Air Canada -- the Canadian Autoworkers Union (ticket agents) and the Canadian Union of Public Employees (flight attendants) -- but they also prompted anti-strike laws. No significant protest was mounted either by the affected unions or by the broader labor movement. Negotiated agreements with the CAW and CUPE included a new, lower-tier pension for new employees. This year, the government threatened the same anti-strike measure against the International Association of Machinists and Aerospace W orkers (IAM) and its pilots association. Talks with the IAM are currently in mediation where the CAW/CUPE pattern will weigh heavily. Looming over the entire situation at the airline is the threat of a repeat performance of the 2003 bankruptcy. This could set the stage, as in 2003, to pressure workers for more wage and benefit concessions. Air Canada has unfunded pension obligations of more than $2 billion for its past and present employees.

Attack on Canada's Public Pension Plan

On March 29, the Conservative government that was re-elected with a parliamentary majority last year announced an unprecedented attack on Canada's public pension plan. The measure was contained in a budget projection that also targets cuts of key public services and several tens of thousands of jobs. If the pension measure passes through Parliament, the age of eligibility of the second tier of the pension plan, Old Age Security, will pass from age 65 to 67. OAS pays some $550 per month to pension earners of annual incomes below $69,000. An earlier attack in 2009 increased the penalties for those drawing the first tier of the national pension, the Canada Pension Plan (CPP), before the age of 65. Those drawing CPP at the earliest eligible age, 60, for example, will be penalized for life by 42 per cent, compared to the previous 30 per cent. This was a bipartisan attack supported by the then-official opposition party, the Liberals.

Lessons

Some important lessons flow from these current battles. The main one is the need for mass mobilization of workers if employer attacks are to be turned back. The days of relying on good will or favorable court decisions are long past.The public pension situation is instructive. In 2010, pressure from members was building on Canada's unions and their political party, the NDP, to launch a mass campaign to increase benefits of the Canada Pension Plan. This was fueled, in part, by the growing practice of companies (cf. Air Canada) to underfund their employee pension plans.The federal government deflected the mounting pressure by promising to legislate increases to the CPP. But it set a condition on union and NDP leaders: "Don't pressure us with mass actions on Parliament Hill."   Union leaders acquiesced, the informal deal was on.
 
Months later, the government reneged, announcing instead a new plan to give tax breaks to employee/employer-funded pension plans that invest in financial markets. In 1985, a mass movement dubbed "grey power" arose when the federal government of the time sought to lessen inflation protection for the public pension plan. No equivalent protest is happening in response to these latest cuts, but that could quickly change. Teachers in BC have learned firsthand the dubious benefit of court appeals as substitutes for strikes or other mass action.
 
An appeal by the BCTF of two anti-union and anti-education laws adopted in 2002 took more than eight years to wind its way through the courts. The BC Supreme Court finally ruled that Bills 27 and 28 violated some of the basic rights of teachers. In the new Bill 22, the government formally repealed Bills 27 and 28 and then placed nearly identical language in the new law!Hospital workers in BC have been similarly disappointed by the courts. In 2004, the provincial government outlawed a province-wide strike of hospital workers and then proceeded to privatize some 8,500 jobs of hospital support staff and cut the wages of all other staff. Three and a half years later, the BC Supreme Court ruled the law illegal. The affected union declared a big victory, but the court's remedy was a miserly financial compensation of a few thousand dollars to those workers who lost their jobs. 
 
When AVEOS was created in 2007, every worker at Air Canada feared this was a move to eventually shift heavy maintenance work to lower-wage jurisdictions in other countries. Workers staged protests when the news broke.Leaders of the IAM and of provincial and federal federations of labor made blustery speeches saying the decision would not be allowed to pass. But the speeches ended in one feeble action -- an appeal to a federal court asking it to rule that the creation of AVEOS was in violation of the 1988 Air Canada Public Participation Act. That act was created to soften union opposition to the privatization of Air Canada, then a state enterprise. It directed Air Canada to maintain its "maintenance work" at three facilities -- Montreal, Toronto. and Winnipeg.1

In 2010, a federal judge accepted Air Canada's word that it planned to keep maintenance work in the targeted cities. The judge conveniently ignored a precise interpretation of what "maintenance work" constituted. Incredibly, if the IAM thought that AVEOS was being set up for an eventual downfall, it never said so publicly or acted accordingly. It turns out that Air Canada helped to precipitate the "bankruptcy" of AVEOS by quietly directing its work away from it. The long history of the dismantling of Air Canada -- what can only be described as the looting of a former public enterprise -- goes largely unmentioned by all parties involved.

What Road Ahead for Workers?

Private employers and especially federal and provincial governments are stepping up their attacks on jobs and public services. A more militant and coordinated response is needed by the union movement. All indications show the desire of workers for just such a course. Last year, the Occupy movement was widely hailed. Strike activity is on the upswing. Air Canada workers show the restive mood -- rank and file-initiated strikes and protests have become near commonplace and workers are typically rejecting concession agreements negotiated by their leaders.Working-class resistance has been strongest in Quebec. The social democratic NDP won a landslide victory in the province during the 2011 federal election. A mass student movement is refusing to bow to government threats and has mobilized tens of thousands in the streets.The challenge before the unions is to act as a social movement on behalf of the entire working class and break from the mould of job trusts focused on looking after the narrow interests of their dues-paying members. In the wake of the federal budget that attacked the OAS, newly elected leader of the NDP Tom Mulcair said the party would do "everything possible within the Parliamentary arena" to oppose the budget. But much more is needed. While it is useful to have a voice in Parliament on behalf of workers' interest, current battles will be won in the streets and on the picket lines. That is where attention and solidarity must be directed. Furthermore, all this will help open the door to the political challenge to capitalist rule that is needed and increasingly on the agenda. 1 The Air Canada maintenance facility in Vancouver was not named in the 1988 law because Air Canada only acquired it in 2001 through the purchase of Canadian Airlines.

Roger Annis may be contacted at rogerannis@telus.net

URL: mrzine.monthlyreview.org

Saturday, March 31, 2012

Seattle Transit Workers Action April 4, 2012

Seattle ATU Local 587 Takes Party Of National Day Of Action For Public Transportation

APRIL 4 2012: National Day of Action for Public Transportation

The Amalgamated Transit Union, Local 587 -- Union of Metro / King County transit workers -- will spearhead a day of action in Seattle to DEFEND PUBLIC TRANSIT. Their theme:
"Don't let your commute get thrown under the bus."

This action, in collaboration with the Seattle Transit Riders Union, begins at 11 AM AT 6TH AND ROYAL BROUGHAM (near Safeco Stadium and the-3 busway). Participants will "occupy a bus" (or buses and trains) and travel to downtown for a rally at Westlake (4th and Pine.) From there participants will leaflet buses. Please join Union transit workers, and bus riders to help defend public transit. This is part of a national day of action called by International ATU, and that includes the demand to STOP THE WAR, AND USE THE MONIES TO FUND PUBLIC TRANSIT AND OTHER VITAL PUBLIC SERVICES.

Across the U.S. public transit has suffered severe cutbacks andlayoffs -- even as gas prices rise, along with the need for expanded bus service. In Pierce and Snohomish Counties, transit service has been cut by more than 25 percent. In King County, fares have SKYROCKETED 80 PERCENT! in 4 years. THE ATTACK ON PUBLIC TRANSIT IS ANATTACK ON THE WORKING CLASS. This is an opportunity to push back. Please help forward and distribute the attached leaflet to your union, co-workers, friends, family. Spread the word. Let's say, TRANSPORTATION IS A HUMAN RIGHT! NO PRIVATIZATION, NO CUTS, NO FARE HIKES, NO EXCUSES! FUNDPUBLIC TRANSIT!

See you Wednesday, April 4, 2012 Organized Workers for Labor Solidarity OWLS@riseup.net
 

Saturday, March 24, 2012

General Strike in Portugal. Spain and Italy Next

Anti-Austerity Mass General Strike Takes Portugalhttp://www.commondreams.org/headline/2012/03/22-6
- Common Dreams staff

Today in Portugal public services and transportation came to a halt, as unions enacted a 24-hour general strike for the second time in two months. The metros in Portugal's largest cities have closed as well as major ports. The strike was called in reaction to austerity measures agreed upon by the government in return for a European bailout.


A picket at Sao Bento station in Porto. The bib reads "General Strike." (Jose Coelho/EPA) Demonstrations and rallies are planned for the afternoon in 38 cities and towns across the country. Today's events preclude similar strikes in both Italy and Spain among countries facing European austerity.

Spain's two main unions, the General Workers Union and the Workers Commissions, have called for a general strike on March 29 to protest the government's austerity push.
Italy's largest trade union called for a general strike over labor reforms on Wednesday, in protest of Prime Minister Mario Monti and Italy's austerity.

Portugal Hit by General Strike Against Austerity (Agence France-Presse):

Garbage went uncollected, ports closed, trains stood still, public transportation was disrupted and other public services were affected by the country's second general strike in four months. The metros in Lisbon and Oporto, Portugal's second-largest city, were closed because of the strike, forcing tens of thousands of commuters to find an alternative way to get to work or school.

The majority of ports, including the port of Lisbon and Viana do Castelo in the north, were closed, according to the country's biggest union -- the General Confederation of Portuguese Workers (CGTP) -- which called the strike.  About two dozen ships were forced to change their routes to go to other ports because of the action, it added. [...]

The CGTP, which is close to the Communist Party, called the strike in February to protest against a reform of the labor code that makes it easier to hire and fire workers.
It is also angry over government austerity measures such as the elimination of public employees' Christmas and vacation bonuses -- each roughly equivalent to a month's pay -- among measures to rein in the public deficit. [...]

Italian Union Calls Strike Over Monti's Job Reforms (Reuters):

Italy's largest trade union called for a general strike over labor reforms on Wednesday, escalating a confrontation with Prime Minister Mario Monti that will test his resolve to push ahead with plans to transform the economy.

After weeks of negotiation, Monti announced late on Tuesday that the time for talking was over and he would press on with plans to overhaul employment protection laws dating back to the 1970s, despite stiff opposition from the left-wing CGIL union.

The CGIL proposed an eight-hour general strike to protest the measures, which would allow companies to lay off individual employees for disciplinary or business reasons, saying the changes risked causing massive job losses.   This will not be a flare-up which burns out in a day as the government expects and we have a duty to get results before we see years of mass dismissals from companies," the union's secretariat said in a statement.

The strike would mark the biggest demonstration against technocrat premier Monti, a former European Commissioner who has already imposed painful cuts and tax hikes and an overhaul of the pension system since taking office in November.

Saturday, March 17, 2012

General Strike in Spain

Spain to go on General Strike
March 10 – The CNT, Spain’s anarchist labor union, issued a statement yesterday announcing that they will be convoking a nation-wide general strike for March 29 against the labor reform passed on Thursday by the Parliament.

This coincides with strikes that have already been called for Galicia and the Basque Country. In these regions the call was made jointly between “minority” unions such as the CNT and CGT as well as regionally-important unions linked to nationalist movements. On the national scale, however, the CNT has called the strike on its own.

According to Spain’s labor law, strikes are only official if called, or convoked, by a union or another official body. In the message announcing the strike call, the CNT said that they hope to give coverage to any workers’ organizations that want to take action.
Spain’s two main unions, the UGT and the CCOO, have also called for a strike on that day, but speak only of “amending” the labor reform. This is a continuation of their policy of social peace – in February they signed a major agreement with the employers’ confederation in which they gave major concessions. Recognizing the growing disillusion that many workers are feeling towards these unions, the CNT is promoting a different form of unionism, one which is not based on professional bureaucrats and policies of social peace, but rather on the direct action and solidarity of workers.

This appears to be the first nation-wide general strike since the end of Francisco Franco’s dictatorship to be called for by a union other than the CCOO or UGT, though it remains to be which unions, if any, will follow the CNT in calling for a general strike.

The CNT’s statement was clear that, although the strike is only called for March 29, this should be seen only as one step in a growing mobilization which seeks not only to remove this labor reform in its entirety, but also to go on the offensive with the goal of social transformation.
http://snuproject.wordpress.com/2012/03/16/strike-everywhere/#more-2131

British UNIONS Defy Gov't Pension Cuts

Unions say no to Tory pension cuts
The NUT, PCS, UCU and EIS unions could be part of a 750,000-strong strike on 28 March. The Tories (Conservatives) have unilaterally declared that the majority of their talks with unions are over. These had been over government plans to “reform” public sector pensions in health, education and the civil service. Talks over local government pensions are continuing. The Tories want to impose serious attacks on millions of workers in these sectors. This is despite the fact that a number of union leaderships have rejected the plans and many are still consulting members. The government wants to force public sector workers to work longer, pay more into their pensions each month and get less when they retire. It plans to impose stark rises on workers’ pension contributions from next month.
Carl, a teacher and NUT member in Bolton, told Socialist Worker, “What’s happening is a disgrace and I’m prepared to strike indefinitely. “I know many people who are considering withdrawing from the pension scheme because of the changes. “Private sector workers often don’t pay into pension schemes because they don’t trust them. Unfortunately we no longer trust ours either. ”DisagreeA treasury minister last week said that talks with the unions over changes to health, education and civil service pensions were “constructive”.
Unions disagree.NUT general secretary Christine Blower said, “The NUT has not signed up to these proposals and neither has the majority of the other teacher unions.“We cannot accept our members being asked to pay so much more and work so much longer for their pensions and receive so much less in retirement.
”PCS general secretary Mark Serwotka said, “(Gov't) Ministers’ obstinacy means we have this ludicrous charade of what is now our fourth ‘final’ offer. We will continue to talk to other unions about planning further widespread coordinated industrial action. "Unison said it would ballot its 450,000 members in the NHS on the offer. The GMB promised to consult members in the NHS and civil service. And Unite denounced the government for “having avoided any meaningful negotiations over the last year”. It is “recommending that its members in the NHS, Ministry of Defence and government departments and in teaching reject the proposals”. The union is consulting its NHS members.Workers in public sector unions overwhelmingly voted for discontinuous strikes against the pension attacks last year.
This means that unions already have a mandate to call further strikes, regardless of fresh consultations. Anna, a teacher in Somerset, said, “People don’t see a consultation in the same way as an official ballot and so may not feel the need to vote in the same way. If the turnout is low, unions should still call the strike.“NUT members at my school are for taking action on 28 March. And they don’t just want it to be one day—they support further action after that too.”
 
 

Saturday, February 25, 2012

GOP War on Postal Workers

Cost-cutting plan targets hundreds of US Mail processing facilities
The U.S. Postal Service could close or merge with nearby locations in the next year as part of a three-year, $15 billion cost-cutting plan. The consolidations would affect four processing centers in Maryland: Cumberland, Easton, Gaithersburg and Waldorf. The Virginia sites are Lynchburg, Norfolk and Roanoke. 

The cash-strapped U.S. Postal Service has announced plans to eliminate dozens of processing centers.  If the plan is enacted, parts of some states would have their mail sorted in another state. That possibility rattled Sens. Barbara A. Mikulski and Benjamin L. Cardin, both Maryland Democrats, who blasted plans to move some sorting responsibilities from Eastern Maryland to Delaware.“There is absolutely no statistical or empirical data to justify consideration of this idea,” they said in a letter sent Thursday to Postmaster General Patrick R. Donahoe.

But in an interview, Donahoe said his advisers spent the past few months studying the feasibility of shuttering as many as 264 sites by reviewing network delivery models. The study determined that six sites would require further review, 35 would remain open and the affected sites would start closing or merging at some point after a moratorium on closures ends in mid-May. Donahoe said the consolidation plans remain “very fluid.”   “None of this is set in stone,” he said. Making the announcement this week, he said, would permit affected workers to begin weighing their options.  “Some people will retire, some may become letter carriers, some maintenance employees may be vehicle mechanics, depending on how things work,” he said. “We are still awaiting some decisions from a legislative perspective that may lead to some changes. But if we don’t get legislation, we would have to start closing locations.”

Legislative action is expected next month when the Senate begins consideration of a bipartisan reform plan that would permit the Postal Service to close thousands of post offices, end Saturday mail delivery and recoup billions of dollars paid into federal and postal retirement accounts. 

Sen. Bernard Sanders (I-Vt.), who led a push to delay any further postal consolidations until May, called the new plans “deeply flawed” because closing processing centers would further slow mail delivery.

“Slowing down mail delivery service will result in less business and less revenue,” Sanders said. The Postal Service hopes to eventually operate a delivery network with fewer than 200 processing facilities, and closing the 223 sites could mean the loss of as many as 35,000 mail processing jobs, mostly through attrition, as part of a broader goal of trimming 150,000 positions by next year. The cutbacks also mean the Postal Service would no longer be able to guarantee overnight delivery of some first-class mail....(edited)

Cliff Guffey, president of the American Postal Workers Union, encouraged his members to continue pressing lawmakers and customers to voice their opposition to the changes.“We face an uphill battle, so it is crucial that union members continue to make their voices heard,” Guffey said

ed.okeefe@washingtonpost.com

Saturday, February 25, 2012

War on Postal Workers

Friday, February 10, 2012

12 Faults in New Mortgage Deal

The Top Twelve Reasons Why You

Should Hate the Mortgage Settlement

by Eve Smith "Naked Capitalism"

           1. We’ve now set a price for forgeries and fabricating documents. It’s $2000 per loan. This is a rounding error compared to the chain of title problem these systematic practices were designed to circumvent. The cost is also trivial in comparison to the average loan, which is roughly $180k, so the settlement represents about 1% of loan balances. It is less than the price of the title insurance that banks failed to get when they transferred the loans to the trust. It is a fraction of the cost of the legal expenses when foreclosures are challenged. It’s a great deal for the banks because no one is at any of the servicers going to jail for forgery and the banks have set the upper bound of the cost of riding roughshod over 300 years of real estate law.
2. That $26 billion is actually $5 billion of bank money and the rest is your money. The mortgage principal writedowns are guaranteed to come almost entirely from securitized loans, which means from investors, which in turn means taxpayers via Fannie and Freddie, pension funds, insurers, and 401 (k)s. Refis of performing loans also reduce income to those very same investors.
3. That $5 billion divided among the big banks wouldn’t even represent a significant quarterly hit. Freddie and Fannie putbacks to the major banks have been running at that level each quarter.
4. That $20 billion actually makes bank second liens sounder, so this deal is a stealth bailout that strengthens bank balance sheets at the expense of the broader public.
5. The enforcement is a joke. The first layer of supervision is the banks reporting on themselves. The framework is similar to that of the OCC consent decrees implemented last year, which Adam Levitin and yours truly, among others, decried as regulatory theater.
6. The past history of servicer consent decrees shows the servicers all fail to comply. Why? Servicer records and systems are terrible in the best of times, and their systems and fee structures aren’t set up to handle much in the way of delinquencies. As Tom Adams has pointed out in earlier posts, servicer behavior is predictable when their portfolios are hit with a high level of delinquencies and defaults: they cheat in all sorts of ways to reduce their losses.
7. The cave-in Nevada and Arizona on the Countrywide settlement suit is a special gift for Bank of America, who is by far the worst offender in the chain of title disaster (since, according to sworn testimony of its own employee in Kemp v. Countrywide, Countrywide failed to comply with trust delivery requirements). This move proves that failing to comply with a consent degree has no consequences but will merely be rolled into a new consent degree which will also fail to be enforced. These cases also alleged HAMP violations as consumer fraud violations and could have gotten costly and emboldened other states to file similar suits not just against Countrywide but other servicers, so it was useful to the other banks as well.
8. If the new Federal task force were intended to be serious, this deal would have not have been settled. You never settle before investigating. It’s a bad idea to settle obvious, widespread wrongdoing on the cheap. You use the stuff that is easy to prove to gather information and secure cooperation on the stuff that is harder to prove. In Missouri and Nevada, the robosigning investigation led to criminal charges against agents of the servicers. But even though these companies were acting at the express direction and approval of the services, no individuals or entities higher up the food chain will face any sort of meaningful charges.
9. There is plenty of evidence of widespread abuses that appear not to be on the attorney generals’ or media’s radar, such as servicer driven foreclosures and looting of investors’ funds via impermissible and inflated charges. While no serious probe was undertaken, even the limited or peripheral investigations show massive failures (60% of documents had errors in AGs/Fed’s pathetically small sample). Similarly, the US Trustee’s office found widespread evidence of significant servicer errors in bankruptcy-related filings, such as inflated and bogus fees, and even substantial, completely made up charges. Yet the services and banks will suffer no real consequences for these abuses.
10. A deal on robosiginging serves to cover up the much deeper chain of title problem. And don’t get too excited about the New York, Massachusetts, and Delaware MERS suits. They put pressure on banks to clean up this monstrous mess only if the AGs go through to trial and get tough penalties. The banks will want to settle their way out of that too. And even if these cases do go to trial and produce significant victories for the AGs, they still do not address the problem of failures to transfer notes correctly.
11. Don’t bet on a deus ex machina in terms of the new Federal Foreclosure Task Force to improve this picture much. If you think Schneiderman, as a co-chairman who already has a full time day job in New York, is going to outfox a bunch of DC insiders who are part of the problem, I have a bridge I’d like to sell to you.
12. We’ll now have to listen to banks and their sycophant defenders declaring victory despite being wrong on the law and the facts. They will proceed to marginalize and write off criticisms of the servicing practices that hurt homeowners and investors and are devastating communities. But the problems will fester and the housing market will continue to suffer. Investors in mortgage-backed securities, who know that services have been screwing them for years, will be hung out to dry and will likely never return to a private MBS market, since the problems won’t ever be fixed. This settlement has not only revealed the residential mortgage market to be too big to fail, but puts it on long term, perhaps permanent, government life support.
As we’ve said before, this settlement is yet another raw demonstration of who wields power in America, and it isn’t you and me. It’s bad enough to see these negotiations come to their predictable, sorry outcome. It adds insult to injury to see some try to depict it as a win for long suffering, still abused homeowners.