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Foreclosure Mills: Wall Street’s Latest Fraud Scheme

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marmar Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-05-10 12:07 PM
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Foreclosure Mills: Wall Street’s Latest Fraud Scheme
from AlterNet:




Posted by Zach Carter at 7:30 am
August 5, 2010

Foreclosure Mills: Wall Street’s Latest Fraud Scheme
Posted by Zach Carter on @ 7:30 am


Financial giants have figured out yet another way to profit from fraud. After devastating communities across the country with shady subprime loans, the mortgage industry has launched a new assault on America’s neighborhoods. Big banks are now outsourcing their foreclosure processing to shady law firms with a history of breaking the law for a quick buck. These foreclosure scammers forge documents, backdate signatures, slap families with thousands of dollars in illegal fees and even foreclosure on borrowers who haven’t missed a payment.

Andy Kroll lays out the insanity in a terrific piece for Mother Jones. “Foreclosure mills,” as they are known, have been around for years, but they’ve become a much bigger problem as the mortgage crisis has deepened. Fannie Mae and Freddie Mac spurred the creation of these social beasts decades ago to help them process large volumes of foreclosures quickly and cheaply. Pretty soon big banks wanted in on the action, and bailout barons at Wells Fargo, Citigroup and Bank of America starting sending foreclosures to these scummy law firms by the thousands.

Banks opt to outsource dirty work like this for a reason. It takes weeks to process the legal work necessary to kick somebody out of their home, since cops and judges don’t want to give borrowers the boot without proof. If you can cut down that processing time, you can save a lot of money on legal bills. Foreclosure mills cut costs for banks by cutting corners—when they can’t compile the documentation needed to push families out of their homes right now, they simply fabricate the documents. Still worse, these guys illegally withhold documentation from borrowers seeking to negotiate loan modifications with their banks—effectively forcing borrowers out of their homes instead of allowing them to cut a deal with the bank. When borrowers actually do straighten things out with foreclosure mills, the scumbags slap them with huge illegal fees. Kroll details a foreclosure mill that erroneously tried to evict a Florida couple who had been paying their mortgage on time. When it became clear that the couple could not be kicked out of their home, the foreclosure mill tried to charge them $18,500 in fees for mistakes committed by the foreclosure mill and the bank. The foreclosure mill even invented two new people who it said lived in the home in order to demand four sets of legal processing fees instead of two.

If nobody holds you accountable, then lying, cheating and stealing are very profitable business models. That’s one reason why banks love sending this kind of work to foreclosure mills. While the foreclosure mills and their lawyers have been bombarded with lawsuits for their trickery, the banks are not directly involved in the funny business. So Citi, BofA, Fannie and Freddie get to cut their costs with shady practices, but they don’t have to shoulder the legal liability for them, even though they must surely know what goes on (if they don’t know, they’re being astonishingly negligent, and should be held responsible). ........(more)

The complete piece is at: http://blogs.alternet.org/speakeasy/2010/08/05/foreclosure-mills-wall-streets-latest-fraud-scheme/



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uncommon Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-05-10 12:09 PM
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1. "foreclosing on people who haven't missed a payment" - really?
I've seen foreclosures in action from both sides and have never seen someone foreclosed on with no cause.
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shraby Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-05-10 12:23 PM
Response to Reply #1
2. There was a big article about it in the newspaper a few
Edited on Thu Aug-05-10 12:26 PM by shraby
weeks back. If I remember right, it happened in Florida. Come to think of it, it seems the people owned the house outright and didn't owe anything on it.
Anyone else remember it? Found it. edited to provide link.
<http://www.tampabay.com/news/business/realestate/bank-of-america-forecloses-on-house-that-couple-had-paid-cash-for/1072632>
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uncommon Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-05-10 12:51 PM
Response to Reply #2
4. Wow, what a mess-up on the part of BoA --
that was a train-wreck. BUT, the home wasn't actually taken from them. It was something they never should have had to deal with, but clearly it was an error and not a purposeful action.

The banks are not prepared for these meltdown conditions any better than anyone else - they are understaffed and their departments do not have good communication - we see it where I work every day.
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Donnachaidh Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-05-10 12:48 PM
Response to Original message
3. k&r n/t
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dixiegrrrrl Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-05-10 02:53 PM
Response to Original message
5. The good news is that one of the mills, MERS, is being sued.
"Florida's purported largest foreclosure law firm filed thousands of documents to take people's homes that contained deceptive and intentionally ambiguous information, according to a proposed class action lawsuit.

The suit, filed last month in U.S. District Court, Southern District of Florida, says David J. Stern and his Plantation-based legal team violated the Racketeer Influenced and Corrupt Organizations Act by generating fraudulent mortgage assignments when pursuing foreclosures."

http://www.palmbeachpost.com/money/lawsuit-claims-that-floridas-largest-foreclosure-firm-faked-839393.html

and

"MERS LAWSUITS
Lawsuits have been filed in California, Tennessee and Nevada, alleging that the Mortgage Electronic Registration Systems (MERS) functions as a scheme to deprive counties of recording and filing fees. MERS was created by banks and mortgage companies in 1994 as a one-stop loan registry. It was designed to save money by not duplicating paperwork. This is supposed to be accomplished by using MERS’ private computer system to record mortgages, and listing MERS as the beneficiary of thosehttp://www.sfltimes.com/index.php?option=com_content&task=view&id=4881&Itemid=183 mortgages. Oakland Park attorney Kenneth Eric Trent filed a class-action lawsuit this week on behalf of people whose homes have been subjected to foreclosures, alleging MERS is fraud. His lawsuit joins those filed around the country, including one filed in Tennessee by the Blackburn, McCune, Happell & Zenner firm. That case filed against MERS in April is on behalf of the 95 counties in that state that have supposedly been cheated out of recording and filing fees. According to Trent’s lawsuit filed here in Florida, MERS is allegedly a cover for banks to foreclose on millions of homeowners by misrepresenting itself as the owner of the mortgages. This very well could be what breaks the back of the unscrupulous mortgage industry. Florida Attorney General Bill McCollum’s office has not weighed in on this growing issue, and it makes me wonder: What is he waiting for?"

http://www.sfltimes.com/index.php?option=com_content&task=view&id=4881&Itemid=183
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