The House Oversight and Government
Reform Committee issued a report today on Countrywide Mortgage and its so-called
VIP loan program which the committee said was "a tool used by Countrywide to
build goodwill with lawmakers and other individuals positioned to benefit the
company. In the years that led up to the
2007 housing market decline, Countrywide VIPs were positioned to affect dozens
of pieces of legislation that would have reformed [Freddie Mac and Fannie Mae]."
This is the second report the committee has issued on the VIP program.
Bank of America, which acquired the
bankrupt Countrywide Mortgage in 2009, produced more than 120,000 pages of
documents for the committee to enable it to enlarge on an earlier investigation
conducted by Darrell Issa (R-CA) who was at the time the ranking member of the
committee.
The VIP program, referred to internally
as Branch 850, was established in 1991 to process loans for senior Countrywide
officials and their friends. According
to bank operating procedure information it had 13 full-time employees and the
benefits available to its borrowers included program/underwriting and pricing
exceptions.
Countrywide used the VIP unit to widely
dispense discounted loans during the period of January 1996 and June 2008 when
it processed a total of 17,979 loans. Hundreds
of these loans went to members of Congress, congressional staffers, staff of
the executive branch, three top executives of Fannie Mae and Freddie Mac and
many lower level employees of the two government sponsored enterprises,
especially Fannie Mae which bought most of the loans originated by Countrywide. Many of the loans and discounts were
personally approved by Countrywide CEO Angelo
Mozilo and the recipients were known as "Friends of Angelo."
These loans were not only aimed at
gaining influence for the company, the report states, but to help Fannie Mae at
a time it was under attack by legislators who were seeking to reform its
mission and operation.
The
names of prominent persons who received discounted loans have all been
published earlier. They included six current and former members of Congress, former
Senate Banking Committee Chairman Christopher Dodd (D-CT); Senate Budget Committee
Chairman Kent Conrad (D-ND); Rep. Howard "Buck" McKeon (R-CA); Rep.
Elton Gallegly (R-CA); Former Rep. Tom Campbell (R-CA) and Rep. Edolphus Towns
(D-NY) former chairman of the Oversight Committee. Towns began the investigation into Countrywide
but the report says that when he subpoenaed Bank of America for Countrywide
documents the bank left out those related to Towns' loan.
Other government recipients of
Countrywide discounts were Former Housing and Urban Development Secretaries
Alphonso Jackson and Henry Cisneros and former Health and Human Services Secretary
Donna Shalala. Both Cisneros and Shalala
had left government service before the loans were made.
The House committee's report said
documents and testimony show that Countrywide "may have skirted the
federal bribery statute by keeping conversations about discounts and other
forms of preferential treatment internal. Rather than making quid pro quo arrangements
with lawmakers and staff, Countrywide used the VIP loan program to cast a wide
net of influence."
Countrywide
was among the first of the major mortgage companies to fail at the start of the
housing bust. Bank of America has been
hit with countless penalties and lawsuits arising out of Countrywide's
operations since it acquitted the company.
None
of Countrywide's executives have been charged with criminal activities. Mozilo
was hit with a $22.5 million penalty in 2010 to settle charges that he and two
other company executives misled investors as the subprime mortgage crisis began
and he has been banned from ever again serving as an officer or director of a
publicly traded company. He has also
agreed to pay an additional $45 million to settle other violations.
The report said that Countrywide became
a trusted adviser in Congress and was consulted when the House Financial
Services Committee and Senate Banking Committee considered reform of Fannie and
Freddie and unfair lending practices.
"If Countrywide's lobbyists,
and Mozilo himself, were more strictly prohibited from arranging preferential
treatment for members of Congress and congressional staff, it is possible that
efforts to reform (Fannie and Freddie) would have been met with less
resistance," the report said.
Countrywide had as many as 70 lobbyists assigned to the Financial
Services Committee during the period it was considering legislation to reform
Fannie Mae. Four such bills were
introduced between 2000 and 2005 but none were voted out of the committee.
The report said those who received
the discounts knew their loans were handled by a special VIP unit which was
identified on their mortgage documents as the point of contact. The standard discount was 0.5 waived points
and the elimination of junk fees that usually ranged from $350 to $400. Account executives in the VIP units often had
to fill in blanks on loan applications because "Friends of Angelo" were
reluctant or unwilling to provide basic information on salaries and employment. The report states that since their loans were
already "approved" by Mozilo, the requests for additional information were
merely "courtesy calls".
Among other findings in the report:
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A strategic alliance between
Countrywide and Fannie Mae which began in 1999 linked the growth of the two
companies to a unique extent including a volume discount given to Countrywide
for producing billions of dollars in loans.
In 2005 the two agreed to work together to expand lending to low-income
borrowers.
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Countrywide and Fannie Mae lobbied
against GSE reform legislation that would have diminished Fannie Mae's ability
to acquire and hold subprime mortgages originated by Countrywide. Countrywide also lobbied against predatory
lending bills. Several members of
Congress and their staff who were positioned to affect the legislation received
VIP loans.
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Fannie Mae employees received
expedited processing and exceptions to Countrywide guidelines to a greater
extent than other VIPs. Account
Executives flagged these loan applications to ensure they received special attention. Other than Countrywide, no employees were
mentioned in the loan documents more often than those of Fannie Mae.
The report released this morning follows
one issued in March 2009 and appears to substantially duplicate the earlier
report which was published by Issa who at that time was the ranking member of the
committee which he now chairs.