Notwithstanding their coverage of the foreclosure crisis, and the malfeasance of the mortgage services, which has largely focused on the hardships of the well to do (unsurprising given the nature of the New York City real estate market), the editorial board understands that there has been fraud and bad behavior all around and they understand that proposed settlements are sellouts to the big banks that service mortgages:

Americans know that banks have mistreated borrowers in many ways in foreclosure cases. Among other things, they habitually filed false court documents. There were investigations. We’ve been waiting for federal and state regulators to crack down.

Prepare for a disappointment. As early as this week, federal bank regulators and the nation’s big banks are expected to close a deal that is supposed to address and correct the scandalous abuses. If these agreements are anything like the draft agreement recently published by the American Banker — and we believe they will be — they will be a wrist slap, at best. At worst, they are an attempt to preclude other efforts to hold banks accountable. They are unlikely to ease the foreclosure crisis.

………

But the gist of the terms is that from now on, banks — without admitting or denying wrongdoing — must abide by existing laws and current contracts. To clear up past violations, they are required to hire independent consultants to check a sample of recent foreclosures for evidence of improper evictions and impermissible fees.

The consultants will be chosen and paid by the banks, which will decide how the reviews are conducted. Regulators will only approve the banks’ self-imposed practices. It is hard to imagine rigorous reviews, but if the consultants turn up problems, the banks are required to reimburse affected borrowers and investors as “appropriate.” It is apparently up to the banks to decide what is appropriate.

While it appears that the OCC, which has a history of acting on behalf of the finance industry rather than the public,has been at the core of the most egregious giveaways, it is also clear that the most of the machinery of the federal government, at least those portions directed by Ben Bernanke and Timothy Geithner, are doing their level best to ensure that there are no real consequences to what in a sane regulatory environment would be felonies involving people being sentenced to extended stays in “Club Fed”.

Instead, it increasingly appears that the Feds will be negotiating a sweetheart deal that will include provisions to make actions by the state attorneys general, and possible private torts difficult, if not impossible.

It’s nice that the “paper of record” has finally noticed this.  People like Yves Smith have been screaming about this for months.