Settlement FAQs

what is the status of settlement of khov v hsbc

by Kendall Waters Published 2 years ago Updated 2 years ago
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What was the HSBC settlement with DOJ?

HSBC agrees to $765 million settlement with DOJ over pre-crisis mortgages. Plus $26.8 million settlement with Massachusetts. HSBC is on the verge of paying a $765 million fine to settle allegations into its mortgage bond activities in the run-up to the housing crisis.

Why did HSBC pay $765 million?

During this period, federally-insured financial institutions and others suffered major losses from investing in RMBS issued and underwritten by HSBC. Under the settlement, HSBC will pay the $765 million as a civil penalty pursuant to the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA).

What does HSBC’s $26 million settlement mean for Massachusetts?

According to the office of Massachusetts Attorney General Maura Healey, HSBC will pay $26.8 million to settle allegations that the bank “purchased and securitized unfair residential mortgage loans” that were in violation of state law.

How did HSBC violate FIRREA?

The United States alleged that HSBC violated FIRREA by misrepresenting to investors the quality of its RMBS and the due diligence procedures it claimed it would use to ensure that quality. The United States’ allegations are described in the settlement agreement at paragraph 3.

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How much did HSBC pay in civil penalties?

Under the settlement, HSBC will pay the $765 million as a civil penalty pursuant to the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA). “HSBC made choices that hurt people and abused their trust,” said Bob Troyer, United States Attorney for the District of Colorado.

How many loans did HSBC have in 2007?

Over a one-and-a-half year period, between January 2006 and June 2007, HSBC’s primary due diligence vendor flagged over 7,400 loans as having low grades—more than one out of every four loans the vendor reviewed for HSBC during that time.

What is EPD on HSBC loan pool?

HSBC had purchased the loan pool but had not securitized it yet. Early payment defaults (EPDs)—when a borrower fails to make one of the first few payments on a mortgage—could be, in the words of HSBC’s co-head of RMBS, “an indicator of higher expected loss on the pool.” In an internal email, HSBC’s head of risk management for RMBS wrote that the high EPD rate could be a sign of systemic problems with the pool. Others within HSBC’s risk management group expressed concern that the pool “may be contaminated” and asked whether “they should hold back on the securitization launch until there is further clarity on all the issues….” The next day, the head of HSBC’s whole loan trading risk management group stated that he was “comfortable that we need not make any further disclosures to investors….” HSBC issued the securitization a few days later. A later post-close quality control review indicated that loans that “appear to have fraud or misrep” went into the securitization. HSBC went on to buy and securitize more loans from the same originator, even after the head of HSBC’s due diligence team concluded that the originator had offered “bad collateral.”

What is the United States' allegations in the settlement agreement at paragraph 3?

The United States alleged that HSBC had a due diligence process for reviewing the loans HSBC planned to securitize as RMBS, but as early as 2005, an HSBC credit risk manager expressed concerns with HSBC’s due diligence process.

Does HSBC do due diligence?

HSBC nevertheless touted its due diligence process to potential investors. It told investors that when it purchased pools of subprime loans, HSBC would review at least 25% of the loans in the pool for credit and compliance.

Does HSBC admit allegations?

These are allegations only, which HSBC disputes and does not admit.

Does HSBC securitize loans?

After purchasing certain loan pools, HSBC ordered a quality control review but did not wait for the final results before issuing the securitization. On two pools, HSBC received preliminary quality control results before the issuance of the securitization that, according to the quality control vendor, showed indications of fraud in the origination of particular loans, but included those loans in the RMBS anyway. On a loan pool in 2007, HSBC performed post-close due diligence on a sample of loans from that pool. HSBC’s due diligence vendor graded approximately 30% of the loans in the post-close due diligence sample as having the lowest grade. HSBC went on to securitize loans from that same pool without any further credit or compliance review before securitization.

How much did HSBC pay to settle?

According to the office of Massachusetts Attorney General Maura Healey, HSBC will pay $26.8 million to settle allegations that the bank “purchased and securitized unfair residential mortgage loans” that were in violation of state law.

How much did HSBC pay in settlement with Massachusetts?

Plus $26.8 million settlement with Massachusetts. HSBC is on the verge of paying a $765 million fine to settle allegations into its mortgage bond activities in the run-up to the housing crisis.

Why was the Healey loan unfair?

Healey’s office alleged “many of these loans were presumptively unfair under Massachusetts law because they had debt-to-income ratios over 50%, included substantial prepayment penalties, had loan-to-value ratios over 97%, and included other problematic features.”

What is the DOJ settlement?

The settlement with the DOJ, if it comes to fruition, would be the bank’s second nine-figure settlement with the U.S. over its pre-crisis actions.

Is the HSBC settlement in principle finalized?

According to the bank, it reached the tentative settlement agreement last month, but the bank cautions that the settlement is not finalized. “The settlement-in-principle is subject to the negotiation of definitive documentation, and there can be no assurance that HSBC and the DoJ will agree on the final documentation,” the bank said in ...

Is HSBC a DOJ?

An HSBC spokesperson confirmed that the bank has reached a settlement in principle with the DOJ, but said that the bank will not be commenting beyond what is in the release. The DOJ said that it will not be commenting on the matter. Additionally, the bank said that it reached a settlement agreement with the Massachusetts Attorney General over ...

Is the DOJ settlement finalized?

According to the bank, it reached the tentative settlement agreement last month, but the bank cautions that the settlement is not finalized.

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