The Denver Post

One decade later, Lehman mess not fully cleaned up

- By Aldo Svaldi

Ten years ago, investment bank Lehman Brothers Holdings filed what would become the country’s largest and most complex bankruptcy.

Its default on $613 billion in debt sent shock waves across the global economy, ushered in the worst economic downturn since the Great Depression and disrupted millions of lives. Most people have since moved on, but not Denver attorney Chris Carrington.

Carrington has spent much of his career since 2009 track

ing down and deposing hundreds of borrowers who submitted falsified loan applicatio­ns. More recently, he has been hunting down the mortgage brokers and originator­s behind those bogus loan applicatio­ns.

A dry erase board in Carrington’s office shows the web of subterfuge and complex entities some loan brokers have used to hide their tracks. “What I kept seeing over and over again is how greed manifests itself,” he said. “There was an unpreceden­ted amount of fraud.”

It wasn’t a career path Carrington, 38, had planned to pursue. He left the Arapahoe County District Attorney’s Office in 2007 and joined a criminal defense firm. After Lehman collapsed, one of the firm’s partners asked if he could help with civil cases tied to a client called Aurora Loan Services.

Aurora Loan Services, based in Lone Tree, was a mortgage servicing arm of Lehman, meaning it collected payments from borrowers and dealt with delinquenc­ies and defaults. It primarily serviced higher risk mortgages made to borrowersw­ithlowercr­editscores.

By 2006, Aurora and BNC Mortgage, a sister firm, were taking on billions a month in higherrisk mortgages. The failure of many of those loans contribute­d to Lehman filing for Chapter 11 bankruptcy on Sept. 15, 2008. That filing left thousands of loans stuck in the pipeline.

In saner times, borrowers had to prove they made enough income to support a loan. But lending standards last decade loosened so much that borrowers only needed to state they had enough income. They didn’t need down payments either, and they could get loans with low initial rates that adjusted sharply in a few years.

That opened the door to fabricatio­n on a scale not seen before. People lied about their income, they lied that a home would be a primary residence, they lied about how indebted they were, they even lied about who they were, using other people’s identities to take out loans. “It was crime on a massive scale, but nobody viewed it that way,” he said.

Carrington, who never worked for Lehman but rather the bankruptcy estate, had the task of getting borrowers to admit in deposition­s that the informatio­n on their loan applicatio­ns wasn’t true. If he could show a loan was sought under false pretenses, it could be kicked back to the originator­s, some of whom the large surviving banks had acquired.

“It was hard for us to understand what was happening and why it was happening,” he said of his first deposition­s. But then patterns emerged as he went across the U.S. talking to borrowers.

Many of them, on the run from creditors, were hard to find. Some pleaded ignorance, that they didn’t know what was actually on the applicatio­n, or that they only put down what the mortgage broker told them, saying they were told to list their “potential income.” Some insisted the informatio­n on the applicatio­n was true. Carrington would then produce their IRS tax return from that year, and invite them to reconsider. A few admitted they had lied and were contrite.

Of the hundreds of cases he pursued, Carrington said some did stand out.

Echoing the movie “The Big Short,” a young woman working at a strip club bought three or four homes in as many days. She told Carrington that she didn’t think she would ever have to make a payment. After a few months, they would appreciate so much, she could sell them and make a mint.

“All of the properties went into foreclosur­e,” he said.

Some people committed fraud because they could get away with it. But many of the borrowers were buying into an American Dream that was beyond their means. Greed and hope combined with disastrous consequenc­es, he said. “They thought they owned these homes, but after working three jobs, liquidatin­g their 401(k)s, eventually getting a divorce from the financial stress, and moving in with their parents at 42 years old, it was obvious that the home owned them, not the other way around,” he said.

After witnessing firsthand what caused the thousands of stress fractures that sent Lehman tumbling down a decade ago, Carrington worries it is only a matter of time before it happens all over again.

 ?? Helen H. Richardson, The Denver Post ?? Attorney Chris Carrington, photograph­ed in his Denver office, has spent most of the past 10 years suing mortgage originator­s who contribute­d to the collapse of Lehman Brothers in 2008.
Helen H. Richardson, The Denver Post Attorney Chris Carrington, photograph­ed in his Denver office, has spent most of the past 10 years suing mortgage originator­s who contribute­d to the collapse of Lehman Brothers in 2008.

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