One of the officials, who spoke with The
Associated Press on condition of anonymity because the announcement isn't
scheduled until Thursday at the earliest, said the bank will pay $10 billion in
cash and provide consumer relief valued at $7 billion.
The deal is the largest settlement arising
from the economic meltdown in which millions of Americans lost their homes to
foreclosure. It follows agreements in the last year with Citigroup for $7
billion and with JPMorgan Chase & Co. for $13 billion.
Like the Bank of America deal, those
settlements were a mixture of hard cash and "credits" for various forms of
consumer aid that the banks promised to provide in coming years.
The Bank of America settlement was
negotiated through a joint federal and state working group established by
President Barack Obama two years ago with the Justice Department and other
federal and state authorities. Individual states are expected to share in the
settlement.
Justice Department spokeswoman Ellen
Canale declined to comment, as did New York Attorney General Eric Schneiderman,
a co-chairman of the group. The bank also declined comment.
The deal requires Bank of America to
acknowledge making serious misrepresentations about the quality of its
residential mortgage-backed securities issued by itself and by Countrywide
Financial and Merrill Lynch. Those institutions were acquired by the bank when
they were on the brink of failure in 2008 and they were responsible for the bulk
of the questionable loans.
The deals are intended to offer some
financial relief to homeowners, whose mortgages were bundled into securities by
the banks in question and then sold to investors.
The securities contained residential
mortgages from borrowers who were unlikely to be able to repay their loans.
Still, the securities were promoted as relatively safe investments until the
housing market collapsed and investors suffered billions of dollars in
losses.
The poor quality of the loans led to huge
losses for investors and a slew of foreclosures, kicking off the recession that
began in late 2007. The cash totals now being paid by some of the country's
largest banks are not nearly enough to reverse the damages caused by the
bursting of the housing bubble and the ensuing recession.
Bank of America had argued that it
shouldn't be held liable for the subprime mortgages issued by Countrywide and
Merrill Lynch. Combined, those three firms issued $965 billion in
mortgage-backed securities from 2004 to 2008, according to public records.
Roughly 75 percent of that total came from Countrywide.
In a federal lawsuit last year, the
Securities and Exchange Commission charged Bank of America and two subsidiaries
with defrauding investors in an offering of residential mortgage-backed
securities by failing to disclose key risks and misrepresenting facts about the
underlying mortgages.
The Justice Department filed a parallel
civil action against Bank of America alleging violations of the Financial
Institutions Reform, Recovery, and Enforcement Act.
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