NEW YORK (TheBlaze/AP) — The top federal prosecutor in Manhattan sued Bank of America for more than $1 billion on Wednesday for mortgage fraud against Fannie Mae and Freddie Mac during the years around the financial crisis.
U.S. Attorney Preet Bharara said Countrywide Financial, which was later bought by Bank of America, churned out mortgage loans from 2007 to 2009 without making sure that borrowers could afford them.
“The fraudulent conduct alleged in today’s complaint was spectacularly brazen in scope,” Bharara said in a statement. He said the suit was partly to recover money that Fannie and Freddie lost from defaulted loans.
Bank of America had no immediate comment.
Countrywide sold the loans to Fannie Mae and Freddie Mac, which were left to pay for the loans when they defaulted, according to the lawsuit. Fannie and Freddie were effectively nationalized in 2008.
According to the lawsuit, Countrywide used a process called “the Hustle,” shorthand for “High-Speed Swim Lane.” The idea was that mortgage loans, as they were being processed, would “move forward, never backward.”
The lawsuit alleged that Countrywide traded quantity for quality and eliminated underwriters, even from mortgage loans for which borrowers did not have to get their income verified.
Instead, loan processors simply entered data into an automated underwriting system, and if the system gave the go-ahead, “no underwriter would ever see the loan,” the lawsuit alleged.
With few checks and balances, there was “widespread falsification” of the data entered into the program, Bharara charged.
Loan processors were given little guidance, the suit said: Checklists for making sure that loans were compliant – for example, assessing whether the income level that a borrower listed was reasonable – were eliminated. Bonuses were based solely on how many loans an employee could process, not the quality.
The lawsuit said that Countrywide executives were aware of the dangerous path they were treading. For example, a quality review in January 2008 showed that 57 percent of Hustle loans went into default.
Instead of notifying Fannie and Freddie, Countrywide instead set about to conceal the quality of the loans it was selling them, the suit said. It said Countrywide even offered a bonus to quality-control workers who could “rebut” the default rates that the review had found.
The lawsuit didn’t give specifics, but it accused Countrywide, and later Bank of America, of selling “thousands” of Hustle loans to Fannie and Freddie. Bank of America bought Countrywide in July 2008.
Fannie and Freddie buy mortgage loans from banks, package them into securities and sell them to investors. The idea is to free up banks to make more loans. If a loan defaults, Fannie and Freddie guarantee payments to the investors.
According to the lawsuit, Fannie and Freddie don’t review the loans before they purchase them. Instead, they rely on banks’ statements that the loans meet certain qualifications.
Bharara said the lawsuit was the first civil fraud suit brought by the Justice Department concerning loans that were later sold to Fannie and Freddie.
You may recall that the U.S. leveled similar charges against Wells Fargo earlier this month. It looks like BofA is the latest bank to take
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Front page photo source courtesy the AP.

























































































































Comments (46)
h20sue
Oct. 24, 2012 at 5:22pmAs far as I’m concerned and I think I can speak for many other people who’ve been taken for a ride with BOA, JP Morgan Chase, and others, they should all be shut down and sued for more then 1 billion.
Since when did it become legal to send Halmark/Christmas Postcards out to customers, who owe money, with their personal information visable for everyone (account numbers, balances, etc) to view? Bank of American did this to my family, and several others struggling to hold on to their homes. After, we, the people, the taxpayers just bailed the SOBeees out to keep them from going under! They are a bunch of thieves, lyers, and crooks, and all of them should “go under”. Put your money into a local credit union and tell the big banks to go s—- themselves. We’re struggling just to put food on the table, pay astronomical gas prices at the pumps, so we can go to work, and all the banks want are fee’s for this, fees for that, and are going higher and higher. Let them sink. No more bailouts!!!! It’s time to give them what they’ve been giving us, NOTHING. No last names when we want to speak to the same person twice, no viable phone numbers, having to wait on the phone to speak with someone, then be routed to another extension, and another. We’re tired of them and their shotty customer relations.
No, they don’t deserve customers, they all need to be locked up with the Obama Administration.
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yougottabekidding
Oct. 24, 2012 at 6:08pmSo if you forgive hussains $15 million loan will you be good ????????????????????????????????
Will this just become a byline ?
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Steel
Oct. 24, 2012 at 5:07pmCouldn’t be happier than to hear Bank of America is being sued. Only sad part is that it’s by another bank, who will profit while BOA’s depositors suffer. Bank of America is one of the worst customer service banks of all. I used to deal with them, and got screwed when they took over Countrywide Mortgage. They claimed nothing would change, and they would continue to handle my mortgage as before. Nothing could have been further from the truth. It didn’t take me long to refinance and dump BOA. And…at a much lower interest rate at that! I hope people sue that bank for all they have and then some! It’ll be a service to us all.
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1947
Oct. 25, 2012 at 10:11amThis is what happens when you’re not backing Obama
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righthanddrive
Oct. 24, 2012 at 4:39pmLet’s see now. Barney Frank, Dodd, Schumer all wanted their constituents (i.e., the now Obama phone people) to have their own houses even though they did not have any income from working. So they enlisted Fanny/Freddy to develop the ‘no income verification program’ for granting mortgage loans. Barney even had the gall to assure the country that Fanny/Freddy was sound after buying billion of these loans from the US banks. When Countrywide went bust, the Fed stepped in and sold the bank to BofA. And now the Fed sue the stockholders and shareholders of BofA $1Billion. Memo to Mitt Romney: On 1/1/2013 please shut down Fanny/Freddy and prosecute all Fed Congressmen and employees involved in this shakedown of our banks during the last four years.
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Partygirl
Oct. 24, 2012 at 9:27pmExactly. Everyday we saw in the paper the government was forcing the banks to give loans to people who could not afford them. My husband and I were shocked. So I guess sue you if you don’t do what we say and then sue you when you do. Nice.
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obfuscatenot
Oct. 25, 2012 at 1:53amSpot on. The Gov. via. the “community reinvestment act” forced the banks to lend the money- whether people could afford it or not. Barrack Obama was a snowball pusher down the mountain by forcing Citibank to do this. This is all done on purpose by the Government. Dear God the enemies are within.
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pamela kay
Oct. 25, 2012 at 3:16amSo the US is suing this bank after BHO got a 14 million dollar loan?
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Secret Squirrel
Oct. 24, 2012 at 4:35pm.
“What’s up with that?
We paid off Holder like Obama asked.
Ya just can’t trust anyone.”
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Zurich
Oct. 24, 2012 at 3:37pmBut Obama just borrowed 15 Million from Bank of America??!!
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StandingOnMyHead
Oct. 24, 2012 at 3:11pmIsn’t that rich; the government bails out BoA with our money and then turns around and sues them, all because the government’s Freddie/Fannie did not do their due diligence! Whatever happened to buyer beware and could this be the feds trying to pull back in some of the QE money?
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plainolamerican
Oct. 25, 2012 at 12:23amI think it is all smoke and mirrors for the election. They will find just enough errors in the gubment case and get off. Oboutme will get 15 million free and clear…
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obfuscatenot
Oct. 25, 2012 at 1:55amYou’re right! The Chicago way is alive and well! Surprise, free money for Obama for Pres.!
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cobbcountyguy
Oct. 24, 2012 at 3:01pmDidn’t Hussein Obama just get a 15 Million loan from BOA? Then he turns around and sues them? Talk about throwing someone under the bus.
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Gremlin1974
Oct. 24, 2012 at 3:06pmSounds like a loan officer is probably going to be looking for employment soon.
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doomytram
Oct. 24, 2012 at 2:55pmGee, I wonder if Bank of America will pass down that billion to it’s customers? They Universal Fee that pay’s for Obama phones could be used to pay for other people to get free money from the bank too.
How weird would it be if we started seeing a big fee on our bank statements that was used to pay for the poor’s bounced checks?
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progressiveslayer
Oct. 24, 2012 at 2:52pmThere you go Barry show the serfs how much you care about us and you’re cracking down on those fat cat bankers. LMAO Yeah the suckers love that class warfare,they’ll lap it up like dogs.
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samurai2112
Oct. 24, 2012 at 2:51pmBet all those B of A execs are all kicking themselves now giving money to reelect Obama.
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jrcess
Oct. 24, 2012 at 2:49pmLets see, Bank of America loans 15 million to the DNC, then the Feds sue BA. Sounds like an Obama Joe Biden deal under the table. These guys are the Biggest Crooks in America.
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The-Monk
Oct. 24, 2012 at 2:45pm“U.S. Attorney Preet Bharara said Countrywide Financial, which was later bought by Bank of America, churned out mortgage loans from 2007 to 2009 without making sure that borrowers could afford them.”
So go after Bwarny Fwrank also. He made the banks do this or loose interstate commerce.
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AuraStream
Oct. 24, 2012 at 2:17pmI thought the phrase was, “Another day Another dollar”
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grimjack3791
Oct. 24, 2012 at 2:12pm“Instead, loan processors simply entered data into an automated underwriting system, and if the system gave the go-ahead, “no underwriter would ever see the loan,” the lawsuit alleged.”
Missing from the story is that the “automated underwriting systems” in question were and are Fannie/Freddie systems, called Desktop Underwriter and Loan Prospector respectively. Those systems are still being used today and lenders are required to use them prior to selling loans to Fannie/Freddie (in most cases).
That being said, Countrywide was wrong (and stupid) to use non-underwriters to “validate” the automated system information, as that is a sure-fire way to get burned with bad paper. There are many, many guidelines not covered by the automated system, which should have been obvious to anyone at Countrywide mortgage. Morons.
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coyote1hell
Oct. 24, 2012 at 2:10pmWho was the Gov. fool, that bought the loans…oh, it was the Democrats…..go figure…
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louie louie
Oct. 24, 2012 at 2:08pmWasn’t Bank of America pressured to buy Countrywide? Now they’re responsible for what Countrywide did before they bought them? Well, I guess if you take stimulus money by making deals with the devil, you deserve to get stabbed in the back. It couldn’t happen to a better giant, monster mega-bank.
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Jenny Lind
Oct. 24, 2012 at 1:59pmMy Dad was with them from around the time I was born. (Not sure when they were formed-what year I mean) My son almost lost his home to them, and even after he got a new VA loan elsewhere they were trying to get him to pay their now non-loan. Knoing them like I do, I say couldn’t happen to a better bunch of jerks.
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Starla
Oct. 24, 2012 at 1:48pmany coincidence in the fact that the Obama campaign just borrowed $15 MILLION from the Bank of America just 4 or so days ago and now the US is suing them???
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louie louie
Oct. 24, 2012 at 2:13pmThis may very well be a warning for them not to collect on the loan: You forgive the loan and we will drop the lawsuit. Never get into business with the devil.
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DocScience
Oct. 24, 2012 at 1:45pmIf you really want to read some entertaining press releases, read the triumphant BofA release and investor communications on their purchase of schlock mortgage meister Countrywide. It’s a hoot.
http://seekingalpha.com/article/59864-bank-of-america-countrywide-acquisition-announcement-call-transcript
How is it that we STILL can’t find out which politicians (and it seems an enormous number of Fannie and Freddie executives, including Democrat star Jamie Gorelick) took advantage of the “Friends of Angelo” program for corrupt below market graft loans from Countrywide?
We know that our President accepted below market loans for his Chicago mansion, but that was from Northern Trust, a powerful and well connected bank whose executives were big supporters of Obama.
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ObserverOnTheHill
Oct. 24, 2012 at 1:39pmWatch the movie FREE until the election that explains how the communists infiltrated all of our institutions – pass this info on to all you know
Agenda – Grinding America Down
http://vimeo.com/52009124
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elosogrande
Oct. 24, 2012 at 1:28pmBofA should sue Fannie & Freddie for forcing them to write mortgages for people who, everyone knew, couldn’t pay. It was the dreck at Fannie & Freddie who told them how to bundle bad paper with good, and sell them all over the world.
Leave the banks alone. Jail Carter, Clinton, Frank, Dodd & Schumer. It’s my opinion that they caused the whole melt-down. It probably wasn’t intentional…they were just buying votes.
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hi
Oct. 24, 2012 at 1:48pmexactly!!
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Rothbardian_in_the_Cleve
Oct. 24, 2012 at 1:28pmThat’s just rich. Uncle Sam pushes CRA (1974) through and goes after lenders as racist who won’t make loans to poor folks. So the squeeze them to make the loans, print money to lay on their balance sheets to cover the risk, take over their sovereignty when the experiment blows up, sends the bill to taxpayers and now sues them (b of a) after buffet covered all his CDS exposure…on the taxpayer dime (backing the assets).
The banks are not angels. They are as crooked as a stick, but this just flies in the face of reason. Not every American is a mouth breathing rube who can’t remember what happened 36-48 months ago.
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Cavallo
Oct. 24, 2012 at 2:10pmWhatever happened to Jon Corzine and his little billion dollar missing money deal?
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samurai2112
Oct. 24, 2012 at 2:49pmYou are so correct Roth. None of those loans would have ever been made if the TEA Party, sorry ACORN, Rainbow Push et al were not lobbing for sueing the banks for discrimination for not giving loans in the first place. They were wrong going along with the Gov when they said they would cover losses if they loaned to people who should never been granted the credit instead of standing up and for principles and good business standards.
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AmericanStrega
Oct. 24, 2012 at 1:27pmDidn’t Bank of America just loan Obama $15 million for his (failing) campaigne? Who’s holding the note to that loan?
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ReaganBaby
Oct. 24, 2012 at 1:30pmThat 15 mil was bribe money to to the Gov to back off. In the End the tax payers will be screwed one more time by Øbama
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rickc34
Oct. 24, 2012 at 1:51pmThat’s what I was thinking Obama gets 15 million then sues?
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HKS
Oct. 24, 2012 at 1:25pmYa man like were’re sorry we made you do all those bum loans but you should have lowered that payment bar to say zero. And while your at it lower that school bar for minorities as well.
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voting-for-romney
Oct. 24, 2012 at 1:24pmImagine how much money mortgage companies would save in the maintenance of records alone, if we paid off loans in seven years? Enough to give the homeless free housing?
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Rothbardian_in_the_Cleve
Oct. 24, 2012 at 1:29pmWell that plus inflating our tires properly and getting regular tuneups.
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