Short sales end with the homeowner out of the home. This is the most common "penalty" on banks in the mortgage settlement.

Bloomberg News:

While the banks are stepping up efforts to help borrowers stay in their homes, they are still spending most of the settlement on short sales and forgiveness of home-equity loans that allow them to take bad loans off their books. Profits from new lending are increasing even as regulators enforce penalties for modification missteps and foreclosures pursued with fraudulent or missing documents. Last year, mortgage revenue at the four largest lenders -- Bank of America, JPMorgan, Wells Fargo & Co. (WFC), and U.S. Bancorp --surpassed the amount they spent on consumer settlements and investor demands they buy back faulty loans.

“The banks have shown a knack for sidestepping government attempts to have them redress their role in the foreclosure crisis and keep people in their homes,” said Arthur Wilmarth, a law professor at George Washington University in the nation’s capital. “A lot of these efforts end up helping the banks, not the homeowners.”

Lets recap: The Big Banks pay a small (Small in Banker dollars, anyways) "penalty" *cough* to the DOJ for fraudulent foreclosure practices, and agree to review their own foreclosures and decide which homeowners will receive aid from the "penalty" funds paid to the DOJ that are allotted to homeowner aid. Then typically, the Banks are going to punish the homeowner with a short sale of their home that A) Results in the homeowner losing their home, and destroys their credit. B)Helps the Bank complete their obligation to the DOJ. and C)Allows the Bank further forgiveness by erasing home equity loans from their books.

The Big Banks have struck a Trifecta with Eric Holder's Department of in-Justice. For troubled homeowners, there is homelessness and despair, and just a small glimmer of hope.

Foreclosure Fail: Study Pins Blame on Big Banks

by Paul Kiel ProPublica
Over the past several years, we've reported extensively on the big banks' foreclosure failings. As a result of banks' disorganization and understaffing — particularly at the peak of the crisis in 2009 and 2010 — homeowners were often forced to run a gauntlet of confusion, delays, and errors when seeking a mortgage modification.

But while evidence of these problems was pervasive, it was always hard to quantify the damage. Just how many more people could have qualified under the administration's mortgage modification program if the banks had done a better job? In other words, how many people have been pushed toward foreclosure unnecessarily?

A thorough study released last week provides one number, and it's a big one: about 800,000 homeowners.

The study's authors — from the Federal Reserve Bank of Chicago, the government's Office of the Comptroller of the Currency (OCC), Ohio State University, Columbia Business School, and the University of Chicago — arrived at this conclusion by analyzing a vast data set available to the OCC. They wanted to measure the impact of HAMP, the government's main foreclosure prevention program.

What they found was that certain banks were far better at modifying loans than others. The reasons for the difference, they established, were pretty predictable: The banks that were better at helping homeowners avoid foreclosure had staff who were both more numerous and better trained.

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