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INDYMAC and SCHUMER. A BANK WITH QUESTIONABLE LINEAGE AND A SENATOR with QUESTIONABLE JUDGMENT

By
Real Estate Agent with Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate 303829;0225082372

                              * * * * HARD CORE REAL ESTATE TALK * * * *

Lenn Harley, Muckraker

Our esteemed ActiveRain reporters Bill Archambault and Stewart Pennenlighten ActiveRain members on the failing of IndyMac.  Their timely reportage is helpful, but there are additional interesting FACTS related to the failure of that financial institution. 

FACT:  OTS and FDIC close IndyMac, July 11, 2008.

FACT:  IndyMac was founded in 1985 to collateralize Countrywide loans originated in amounts too large to be sold to Fannie Mae and Freddie Mac.  In 1997, IndyMac was spun off by Countrywide as an independent company. 

FACT:  IndyMac was the largest maker of "Alt-A" loans, loans made to borrowers with good credit but didn't qualify for fully documented loans, i.e., self employed borrowers, etc. 

FACT:  The closure was caused by a classic "run on the bank".  Beginning on or about June 26, 2008, letters sent by Senator Charles Schumer, D-N.Y., to federal bank regulators voicing concerns about the thrift's "financial deterioration" were made public.  "Indymac's financial deterioration poses significant risks to both taxpayers and borrowers."

* * * * Office of Thrift Supervision, July 11, 2008. "The OTS has determined that the current institution,    IndyMac Bank, is unlikely to be able to meet continued depositors' demands in the normal course of business and is therefore in an unsafe and unsound condition. The immediate cause of the closing was a deposit run that began and continued after the public release of a June 26 letter to the OTS and the FDIC from Senator Charles Schumer of New York. The letter expressed concerns about IndyMac's viability. In the following 11 business days, depositors withdrew more than $1.3 billion from their accounts. * * * *"  OTS News Release. 

FACT:  Following publication of the Sen. Schumer's letter, depositors began to withdraw about $100,000,000 a day for a total of about $1,300,000,000. 

FACT:  On or about June 30, 2008, the Center for Responsible Lendingissued a report based on interviews with former IndyMac employees citing examples where IndyMac:

  • made loans based on inflated appraisals and income data that exaggerated borrowers' finances;
  • IndyMac employees worked hand-in-hand with mortgage brokers who misled borrowers about their rates and other loan terms and stuck them with unwarranted fees; and
  • employees treated many elderly and minority consumers unfairly.

FACT:  IndyMac was a Federal Savings Bank, IndyMac, F.S.B., and held deposits insured by the F.C.I.C.  The F.D.I.C insures deposits up to $100,000.  It is estimated that approximately 10,000 depositors of IndyMac F.S.B. had accounts exceeding $100,000.  Uninsured amounts, over $100,000, will be reimbursed based on a distribution of recovered assets:

  • This certificate entitles you to share proportionately in any funds recovered through the disposal of the assets of IndyMac Bank, F.S.B.  This means that you will eventually recover some of your uninsured funds.  The FDIC declared a 50% advance dividend for uninsured deposits.

FACT:  IndyMac is the largest OTS-regulated thrift ever to fail and, according to FDIC data, the second largest financial institution to close in U.S. history.

FACT:  Stanford Kurland, former president of Countrywide, forms company buying distressed mortgages.

"Kurland left his job as president and chief operating officer of Countrywide in September 2006, just as the housing market began its descent. The previous year, in 2005, he was paid $19.2 million and made an additional $13.7 million by exercising stock options, according to Reuters".  More . . .

FOLLOW THE MONEY - SENATOR SCHUMER'S POLITICAL CONTRIBUTIONS FOR THE 2008 ELECTION CYCLE.

WHO IS MISSING????

Citigroup Inc $80,800
UBS Americas $74,250
Paul, Weiss et al $67,000
Kasowitz, Benson et al $64,250
Metropolitan Life $59,000
Goldman Sachs $58,040
Morgan Stanley $57,000
Guardsmark Inc $54,000
Lehman Brothers $53,750
Merrill Lynch $50,250
JPMorgan Chase & Co $47,800
Cantor Fitzgerald $46,250
Milberg, Weiss et al $46,250
News Corp $46,250
Time Warner $43,500
Newmark & Co Real Estate $43,450
Cassidy & Assoc/Interpublic Group $40,171
Deloitte Touche Tohmatsu $39,999
Tudor Investment Corp $39,250
Lazard Freres & Co $39,000

Senator Schumer chairs the Senate Committee on Banking, Housing and Urban Affairs; Finance and two Senate Subcommittees, one being Economic Policy (Banking).

Since the bulk of his political contributors are in the industries, financial houses in investment banking and mortgage banking, one wonders is Sen. Schumer's letter of inquiry to the OTS/FDIC would have been made public if IndyMac's name were on his list of political contributions?????    

The more things change, the more they stay the same.

Courtesy, Lenn Harley, Broker, Homefinders.com, 800-711-7988. 

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Comments(51)

John S.
RealtorRatingz.com - Canandaigua, NY

Take a look at this chart of its stock price:

http://finance.yahoo.com/q/bc?s=IMB&t=1y&l=off&z=m&q=l&c=

The closure of this bank should not have been a surprise to anyone, even before Schumer's activities (and I am no fan of his, BTW).

Jul 12, 2008 09:58 AM
Esko Kiuru
Bethesda, MD

Lenn,

IndyMac's viability has been teetering on the edge for months as its stock price kept sinking to new lows every week. Looks like Schumer just forced the regulators' hand to prevent further damage.

Jul 12, 2008 10:14 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Esko.  Could be.  But, they had already found buyers for many of IndyMac's assets.  As it was, with a run on the bank, they were forced to close and dip into the FDIC insurance fund to pay depositors.  All this did was stick the public taxpayers with the bill to meet the insurance obligations.

 

Jul 12, 2008 10:52 AM
Terry & Bonnie Westbrook
Westbrook Realty Broker-Owner - Grand Rapids, MI
Westbrook Realty - Grand Rapids Forest Hills MI Re

Follow the money and it is amazing to see who supported him and how he voted.

Jul 12, 2008 03:06 PM
Joan Whitebook
BHG The Masiello Group - Nashua, NH
Consumer Focused Real Estate Services

Very interesting.  It is not surprizing to see who are the winners in all of this and who are the losers. 

Jul 12, 2008 03:22 PM
Lisa Hill
Florida Property Experts - Daytona Beach, FL
Daytona Beach Real Estate

No way! That money trail is beyond unbelievable! And I just read your comment to Esko as well. I swear. The more I know about our government, the less confidence I have that this country will ever be what everyone "thinks" it is.

Jul 12, 2008 05:00 PM
Pam Pugmire
Silvercreek Realty Group - Meridian, ID
Meridian Idaho Real Estate

Very detailed analysis of the situation.  It's interesting "involvement" with the Senator. 

I wonder where this Center for Responsible Lending has been all this time?

Jul 12, 2008 07:17 PM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Pam.  Good question.  They tend to stay "under the Radar" don't they?

Lisa.  I agree.  We see what we want to see.  I'm jaded enough to look for facts.

Joan.  Indeed it is.  Indeed it is.

Terry.  I agree.  Looking at the money trail is always revealing. 

Jul 13, 2008 12:30 AM
Jan Wood
None - Gallatin, TN

Lenn:  Schumer and others in Congress should be investigated. 

The government is trying to come up with a solution to this problem, but when they get involved, you know that it's going to get worse.  

In a Hearing Before Congress in September 13, 1991, Stephen P. Pizzo and Mary Fricker wrote:  "The record of repeat behavior points to the greed factor that remains the major - often the only - reason for a bank's failure. Banks fail in the vast majority of cases because their managements seek growth at all cost, reach for profits without due regard to risk, give privileged treatment to insiders, or gamble on the future course of interest rates. Some simply have dishonest management that loots the bank."

 

Jul 13, 2008 04:41 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Jan.  My faith in Congress helping with anything, anywhere, anytime, is nil.

Jul 13, 2008 07:38 AM
Deb Brooks
Brooks Prime Properties Wichita Falls Texas - Wichita Falls, TX

Lenn, I read every word and every stat. I am officially and am now full to the brim of fff.

Freaking, Fear, Factor is a dis-ease for sure. How do I cure it? What's your best advice?

Thank you. Later in the rain~Deb

Jul 13, 2008 09:21 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Deb.  This too shall pass.  No doubt it will be replace with another market mess, government goof or consumer catastrophe.

 

Jul 13, 2008 09:38 AM
Miriam Bernstei
Rochester, NY

Lenn, I have not read all of the comments however being from New York I find it improbable that anyone would question his ethics or integrity.  The letter he wrote was a heads' up, look out because I think Indymac is in trouble.  A list of banks had just been issued that were in jeopardy and IndyMac was not on it.  Mr. Schumer did not cause the problem, he was trying to prevent a further problem.  The leakng of the letter is questionnable.

Jul 14, 2008 02:00 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Miriam.  It was precisely the "leaking" of the letter by Schumer that caused the run on the bank.  My understanding is that it was Schumer that made the letter public. 

 

Jul 14, 2008 02:24 AM
Miriam Bernstei
Rochester, NY

What seems odd is that the problem is with the bank and with the regulators, not A letter written. If not true, simply refute it, which they couldn't.  The problem here is that the messenger, Schumer, did not create the problem only pointed out the problem.  Was the government really pretending that all was well, they were just going along as if everything was fine or was there an underlying implosion about to happen that Schumer tried to stem. Schumer's letter didn't cause the problem.  I have watched him for many years.  I find him to be one of the truly good guys.  Never a question and deservedly of anything unethical, until your post!!!

Jul 14, 2008 02:56 AM
Chuck Willman
Chuck Willman - Alpine, UT
NewHouseUtah.com

Lenn- I was gathering similar information to blog about this but... lo and behold- you beat me to it AND with great information. I'm wondering now what will happen with other banks... there's enough similar information out there to create more runs. It's amazing... we've certainly had tough economic times between 1929 and now. However, fear travels quickly these days. I'm wondering what the coming days (weeks? months?) have in store for us.

Jul 14, 2008 04:57 PM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Chuck.  One thing I believe we will have is some very unhappy depositors at IndyMac.  Rather than an orderly takeover, which the fed was working on, albeit slower than molassas going uphill in winter, the run on the bank forced a closing and receivorship.  Now, those folks with more than $100K on deposit will lose half of that money over $100K. 

I'm sure that the officers at IndyMac told the depositors that it was fine to have more than $100K in their bank.  I've had bankers tell me that too, but a reading of the FDIC disclosures published clearly states that depositors are protected up to $100K for one account or aggregate of accounts.  If the depositor has 3 accounts each with $100K, they are still insured for only $100K and not $300K, as they were probably told. 

I know what Schumer is saying.  That because the fed was slow in closing IndyMac, they are responsible for the problem.  Mr. Schumer's job is oversight, not management of the banking regulators.  Sending his letters of inquiry was within his pervue.  Making them public was, I believe, grandstanding and harmed a lot of depistors. 

 

Jul 14, 2008 11:19 PM
Jim Crawford
Long & Foster - Fredericksburg, VA
Jim Crawford Broker Associate Fredericksburg VA

Great Blog and great facts Lenn!  I really feel the Check Schumer (Dumocrat) should be held responsible for his actions.  He should be censured at the very least, and we can talk about it at the evening dinner table as we eat cans of beans for the next 30 years.  He should know better.  His remarks drained 15% of the FDIC insurance for deposits on one bank alone.

Jul 14, 2008 11:27 PM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Jim.  Agreed. 

Chuck.  No telling.  We may not know of actions to clean up any particular financial institution until we read of a buy-out.  One thing for sure, the insurance rates paid by banks to the FDIC are certainly going to go up.

 

Jul 14, 2008 11:35 PM
Bill Roberts
Brooks and Dunphy Real Estate - Oceanside, CA
"Baby Boomer" Retirement Planner

Lenn, I realize that this comment is a little late but I just can't help myself. I really liked IndyMac. They had a single close construction loan that was great.

The whole mortgage mess can be laid at the feet of Alan Greenspan and his zero interest rates which caused a huge run up in real estate prices, but it was swamped by the tidal wave of foreclosures brought on by accelerating price decreases when the rates went back up.

Congress wanted easier loans to extend home ownership, but they didn't take into account what would happen if these people saw their situation as hopeless and stupid when they found that they owed more than their house was worth. Why did they become "upside down"? Because flippers bailed out of the market causing prices first to stop accelerating and then to start declining.

Its the flippers that shouldn't have been in the market not the first-time home buyers. We sucked them in and then blamed them for buying what they couldn't afford. Many here have called them undeserving and say that they shouldn't have been allowed to buy a home anyway. What a bunch of arrogant crap.

I hope we learn something by this. I hope that the foreclosure rules are changed before the next down market.

Bill Roberts

Sep 19, 2008 06:51 AM