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Better Believe It Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 01:43 PM
Original message
Foreclosuregate and Obama's Pocket Veto: Massive Bank Foreclosure Fraud Is Unraveling !
Edited on Fri Oct-08-10 02:19 PM by Better Believe It
Foreclosuregate and Obama's Pocket Veto
A Massive Fraud
By Ellen Brown
October 7, 2010

Amid a snowballing foreclosure fraud crisis, President Obama today blocked legislation that critics say could have made it more difficult for homeowners to challenge foreclosure proceedings against them.

The bill, titled The Interstate Recognition of Notarizations Act of 2009, passed the Senate with unanimous consent and with no scrutiny by the DC media. In a maneuver known as a "pocket veto," President Obama indirectly vetoed the legislation by declining to sign the bill passed by Congress while legislators are on recess.

The swift passage and the President's subsequent veto of this bill come on the heels of an announcement that Wall Street banks are voluntarily suspending foreclosure proceedings in 23 states.

By most reports, it would appear that the voluntary suspension of foreclosures is underway to review simple, careless procedural errors. Errors which the conscientious banks are hastening to correct. Even Gretchen Morgenson in the New York Times characterizes the problem as “flawed paperwork.”

But those errors go far deeper than mere sloppiness. They are concealing a massive fraud.

They cannot be corrected with legitimate paperwork, and that was the reason the servicers had to hire “foreclosure mills” to fabricate the documents.

These errors involve perjury and forgery -- fabricating documents that never existed and swearing to the accuracy of facts not known.

Please read the full article at:

http://www.webofdebt.com/articles/foreclosuregate.php


-------------------------------------------

Kudlow Gets Into Foreclosuregate
by Karl Denninger
in Foreclosuregate
October 4, 2010

Yes, I've dubbed it: Foreclosuregate.

The "loose document standards" of the go-go years were all predicated on this never happening - all the way up to now. In fact, the entire premise of the last three years of Bernanke, Geithner and everyone else's actions in the government has been under the (false) belief that they could "re-inflate" house prices. This would allow everyone to refinance out of the mess, and since nobody would ever see the inside of a court, nobody would be the wiser, other than a few REMIC holders who went after each other when a note was sold twice.

Instead, what we have is a nightmare. House prices are not going to go back up. As a direct consequence, we have an intractable problem.

The REMICs - the foundational conduits for all this paper - are to a large degree defective. I bet some of Fannie and Freddie's are too. Many notes were not conveyed, and in the states where recordation is necessary, most of them weren't recorded either. Many of these original notes are known to be sitting with the originator, never endorsed over and in some cases shipped overseas or deliberately destroyed. For all intents and purposes they're gone, because once the MBS closes they can't be put in later on.

Nobody should get a free house. But the institutions - the big banks - are the ones who did this. They are the ones who put together these securitizations with defective (or no) assignments. Whether "by accident" or as a ruse to hide the fact that they were selling crap while representing them as good loans and knew it doesn't matter in the end analysis.

Read the full article at:

http://market-ticker.org/akcs-www?post=168218


-----------------------------------------------

Grayson's Letter On Foreclosures - And A Way Forward
by Karl Denninger
in Foreclosuregate
October 8, 2010


Love him or hate him, here are two points to keep in mind when it comes to Alan Grayson:

He "gets it" when it comes to the root causes of Foreclosuregate. It took him a while (too long, in my opinion, even though I've been hammering his office since he was elected and his staff indicated a willingness to listen), but he finally connected the dots.
A letter he sent out yesterday is linked in full at the bottom of this Ticker. Here are the salient points for you to ponder, from my perspective:

So far, banks are claiming that the many forged documents uncovered by courts and attorneys represent a simple "technical problem" with foreclosure processes. This is not true. What is happening is fraud to cover up fraud.

Yep. As Grayson goes on to cite, The FBI noted an "epidemic" of mortgage fraud earlier in the decade. Nothing was done about it. These lenders were engaged not in making mortgage loans but rather in an elaborate asset-stripping scheme where the key point was to force the homeowner back into the lender's office in a couple of years so they could grab another few thousand dollars in fees.

Read the full article at:

http://market-ticker.org/akcs-www?blog=Market-Ticker&page=1&cat=Foreclosuregate


REP. GRAYSON ASKS TREASURY SECRETARY GEITHNER AND THE FINANCIAL STABILITY OVERSIGHT COUNCIL TO HALT ALL FORECLOSURES PENDING AN INVESTIGATION INTO FORECLOSURE FRAUD

Read the Congressman's letter here.


http://alangrayson.house.gov/UploadedFiles/Letter_to_FSOC_Calling_for_Foreclosure_Halt.pdf







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Turbineguy Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 01:50 PM
Response to Original message
1. Banksters:
We are on to you.
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Hannah Bell Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 01:52 PM
Response to Original message
2. kr
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tridim Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 01:56 PM
Response to Original message
3. Nobody should get a free house..
Including the banks, who either don't legally own them, or are responsible for making the mortgages worthless.

The criminal doesn't get to keep the stuff he stole.
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Better Believe It Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 02:00 PM
Response to Reply #3
5. So stop all foreclosures until they can figure out who, if anyone, actually owns the property!

And once that is determined let the home buyer work out a payment plan with the person(s) who owns the paper.

Just take the banks out of it.
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dixiegrrrrl Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 02:06 PM
Response to Reply #5
8. That is exactly what Denninger and Grayson are recommending.
Kudos to President Obama for not signing that bill.
2 of my state's Reps. are guilty of that bill, one submitted it, one ( a "dem", no less,
co-signed).
shame on them.

K&R
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displacedvermoter Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 02:05 PM
Response to Reply #3
7. Can someone -- you perhaps -- explain to me what sense it
makes at this point to foreclose on anyone's home or business?

When I see the commercials for buying properties that have been foreclosed on and are being sold for a couple of thousand bucks, I wonder what the hell is going on? What good does it do, does the bank get anything but more property they can't sell, and more bad PR I would think they know they don't need. WHile people's homes are getting snatched up for nickles and dimes on the dollar. Or they are being abandoned and turn into rat farms.

Any practical reasons for banks to continue foreclosures right now I don't understand?

displaced
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county worker Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 02:11 PM
Response to Reply #7
14. There are people out there buying whole blocks of foreclosed properties.
Edited on Fri Oct-08-10 02:12 PM by county worker
It is speculation. They hope to sell them for much more than they paid for them. Of course they don't want to have to fix them up. I heard this on the radio a month ago. It is kind of behind the scenes.
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Better Believe It Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 02:20 PM
Response to Reply #14
17. And they may not even have a legitimate legal title to those properties!
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bvar22 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-09-10 10:54 AM
Response to Reply #17
38. Serves them right.
Hopefully, these "speculators" hoping to cash in on other people's disasters will wind up holding worthless paper.
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madrchsod Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 02:38 PM
Response to Reply #14
23. we have a company doing that in my town....
buying homes for around 50 ,rehabbing,and renting them. rents around here are from 500 to 750 for around a thousand sq of living space. higher sq ft is going from 750 on up.
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tridim Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 02:19 PM
Response to Reply #7
16. My house IS in foreclosure, and you're right it makes no sense.
Especially since I know the bank doesn't want to foreclose, because they know I have no money. It'll cost them MUCH more to foreclose than to just give me more time to sell it. It's pretty obvious they should just say, "keep trying to sell it, and we'll work with you", but they're not. They're not really saying anything, and that's what is driving me nuts.

BTW, my condo has been on the market for almost 3 weeks and I've had zero calls. It's currently priced at 66% of what I bought it for -- Dirt cheap. My un-foreclosed neighbors are freaking out.
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madrchsod Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 02:39 PM
Response to Reply #16
24. ya they just lost a bundle on their condo....
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TwilightGardener Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 02:43 PM
Response to Reply #16
29. Don't feel bad, 2-3 weeks is not a long time anymore when selling.
Edited on Fri Oct-08-10 02:46 PM by TwilightGardener
Especially a condo, I would think. Just make sure it's being very well-marketed, stay on top of the realtor and all the websites where it's listed, make sure all info is accurate. (My realtor made some mistakes in our listing which potentially could have turned some people away). Oops, on edit--maybe the bank is selling it, not you--maybe you don't have much control over the process. Either way, good luck, hope it all gets resolved for you soon.
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flvegan Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 02:41 PM
Response to Reply #7
25. Absolutely none. Shockingly, the banks are just now
starting to realize that.
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sabrina 1 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-09-10 12:56 PM
Response to Reply #7
46. I don't understand it either. There has to be a reason, banks
don't do anything unless there is a profit in it for them. My girlfriend lost her home to foreclosure last January after more than a year of trying to renegotiate here loan. She could have paid two thirds of her mortgage payment, but they never responded to her at all. She was paying he insurance and taxes also and was not that far behind initially.

Now the house is empty after nearly a year. THEY have to pay the taxes and insurance. Multiply this situation by tens of thousands or even millions, and I don't see what is in it for the banks at all. But there must be something they know we don't know.

The documentation on her home was also questionable, the mortgage was transferred four times in nine years. But they ignored requests for a 'chain of custody' to show whether they actually owned the property. They, Wells Fargo, had one of those 'lawyer mills' working for them and to try to talk to that entity was like trying to talk to God.

I hope this ruins them and people who could have remained in their homes will be able to get something back eventually.
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mzmolly Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 02:08 PM
Response to Reply #3
9. Hear hear!
:toast:
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Waiting For Everyman Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 02:43 PM
Response to Reply #3
27. They have to follow the law too, that's the bottom line, not just homeowners.
Edited on Fri Oct-08-10 02:49 PM by Waiting For Everyman
They can't just do whatever they want, and then have that accepted as the new legal norm or standard just because they're big. That's what has happened up until now.

They can't come in to court and demand legal action when they have no standing or title, and haven't followed the law themselves. This is basic legal principle, and cannot be ignored as it has been, without subverting all of the law. It's very basic, at the foundation of law.

They are incredible law-breakers in fact, and have caused so much damage and so much loss to so many people. They have operated like the Wild West, and got bolder and bolder about it. The investors are at least somewhat culpable because they demanded profits higher than any legitimate investment could produce. But they have been ripped off too, and I'm sure we'll be seeing more on that come to light in the near future.
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xchrom Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 01:59 PM
Response to Original message
4. Recommend
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Gman Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 02:04 PM
Response to Original message
6. It's nice to see the bankers totally fucked!
I love it!
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kath Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 02:09 PM
Response to Original message
10. Why a "pocket veto - doesn't he have the freakin' guts to veto it for real??
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toddwv Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 02:16 PM
Response to Reply #10
15. Because if he stamps "Denied" and sends it back to them
There is still a chance that it can be passed. Though with all the publicity it is starting to receive, I would hope that a veto override or resubmission by Congress is unlikely.

Still, how did it get passed in BOTH houses of Congress?
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county worker Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 02:09 PM
Response to Original message
11. I am finding this so damned funny. People will stay in their houses and not make payments either!
The only way this is going get resolved is by legislation and I hope it is in the favor of the home owners.
The way to see it this is taking effect is if you see a lot of houses go off the market.
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mzmolly Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 02:09 PM
Response to Original message
12. Difficult to fathom,
how some can call for LESS regulation.
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indepat Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 02:09 PM
Response to Original message
13. Have I got this right: the US Senate, by unanimous consent, voted to legitimize a
scheme laden and larded with known massive fraud. Should I have it right, such would make the Senate, individually and collectively, a (fill in the blank). :patriot:
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Fumesucker Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 02:43 PM
Response to Reply #13
28. The Senate also voted unanimously to double the penalties for pot brownies..
That's our House of Lords, always looking out for the little guy.

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truedelphi Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 02:21 PM
Response to Original message
18. Thank you for posting this.
Edited on Fri Oct-08-10 02:22 PM by truedelphi
And good luck with the trolls - I bet you'll have a few people saying that Banks have every right in the world to strip people from their homes with whatever means, even illegal ones, if necessary.
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Better Believe It Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 03:42 PM
Response to Reply #18
30. I don't think anyone would dare post such comments here. They might think it's OK to let

someones house burn to the ground if they owe the bank and fire department money!

:)
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Waiting For Everyman Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 02:23 PM
Response to Original message
19. BOA is stopping foreclosure BECAUSE the notarizaation bill was stopped.
Edited on Fri Oct-08-10 02:33 PM by Waiting For Everyman
If it had gone through, all the big banks would've known that they could just muscle over homeowners and courts, and sweep even this mamoth scandal under the rug some more. It would've come out anyway someday, because more and more lawyers and courts are catching on every day. But millions more homes would've been wrongly foreclosed first.

If the banks had done every mod they possibly could do from the beginning of HAMP, it might not have come to this. But they're too stupid and too greedy and too arrogant to recognize that HAMP was a lifesaver to them. They deserve all the damage they get from this now, which will be huge.

Given the situation the only sane thing to do, is to mod or refi all of these loans on reasonable terms. Do the paperwork right (the old-fashioned legal way) and gradually correct this.

Stopping the foreclosures is the first step to stopping the fall in prices. An added bonus.

The biggest plus for the general public though, is that this situation will be the beginning of actual investigations and prosecution of the CRIMINALS in this global theft - because homeowners' documents are the smoking gun. It might take time, but I do believe that now for the first time we will begin to get some justice done. Without recognition of this fraud which has just come to national notice, that never would've happened. If we don't catch the perpetrators, the financial industry's systematized crime will continue - because that's what it is - crime, automated and institutionalized like a machine.

The machine ate the notes. Oops. Too bad. Now the banks will have to actually negotiate with homeowners on a level playing field - something we haven't had in decades.

Local counties may actually end up recovering some of the recording fees this machine has deprived them of for so long. The machine was created to dodge those fees (and to create their smarmy CDSs which are the bubble behind the bubble which will just have to be written off in the end - they're a fiction anyway). Counties could use their money back right about now. If I was a state AG, I would've sued MERS and the big banks for that a long time ago.

All told, I'm more optimistic now than I've been for a long time because this could actually be a big piece of turning around our economy. That is, if the Rethugs don't take over government too much again. I'm sure they are desperate to win so they can hide the evidence for their masters.


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tridim Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 02:33 PM
Response to Reply #19
20. Another aspect to all this is the lawyers making millions on the process
As I've reported before, the law firm involved in my foreclosure doesn't send me a single piece of mail for correspondence, they send me six copies, in separate envelopes. Anyone want to guess how much they bill for that? I bet it's around $500 each time. They've done it 3 times already.

My Realtor said the lawyers are making about $5,000 per foreclosure, even if the house isn't ultimately foreclosed. This bill goes to the lender.
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Waiting For Everyman Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 02:37 PM
Response to Reply #20
22. Absolutely. Lawyers will have full employment from this for a long time.
It's the sure-fire growth industry, next to health care. Anybody who is young right now, go to law school and get in real estate law. Title companies however are in big trouble. If any here work for one, I'd begin finding a "Plan B" just in case.
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davidwparker Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-09-10 06:34 PM
Response to Reply #19
50. +1
Absolutely. They had no choice.
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Better Believe It Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 02:36 PM
Response to Original message
21. For big banks, "there's a possible nightmare scenario here that no foreclosure is valid"
In foreclosure controversy, problems run deeper than flawed paperwork
By Brady Dennis and Ariana Eunjung Cha
Washington Post Staff Writers
October 7, 2010

Millions of U.S. mortgages have been shuttled around the global financial system - sold and resold by firms - without the documents that traditionally prove who legally owns the loans.

Now, as many of these loans have fallen into default and banks have sought to seize homes, judges around the country have increasingly ruled that lenders had no right to foreclose, because they lacked clear title.

For struggling homeowners trying to avoid foreclosure, it could mean an opportunity to challenge the banks they argue have been unhelpful at best and deceptive at worst. But it also threatens to leave them in prolonged limbo, stuck in homes they still can't afford and waiting for the foreclosure process to begin anew.

For big banks, "there's a possible nightmare scenario here that no foreclosure is valid," said Nancy Bush, a banking analyst from NAB Research. If millions of foreclosures past and present were invalidated because of the way the hurried securitization process muddied the chain of ownership, banks could face lawsuits from homeowners and from investors who bought stakes in the mortgage securities - an expensive and potentially crippling proposition.

Read the full article at:

http://www.washingtonpost.com/wp-dyn/content/article/2010/10/06/AR2010100607227.html



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madrchsod Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 02:42 PM
Response to Reply #21
26. looks like the lending institutions will have to resign these mortgages
to get a clear title....oops!
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Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 03:45 PM
Response to Original message
31. Meaningful government assistance for mortgage modifications should've been one of this admin's
top priorities. It was not. Bankster bailouts were.
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Better Believe It Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 06:35 PM
Response to Original message
32. Janet Tavokoli: ForeclosureGate Is the Biggest Fraud in the History of Capital Markets



Tavokoli: ForeclosureGate Is the Biggest Fraud in the History of Capital Markets
By: John Carney
Senior Editor, CNBC.com
October 8, 2010

Ezra Klein has a great interview with Janet Tavakoli, the founder of Tavakoli Structured Finance, on Foreclosure Gate.


Ezra Klein: What’s happening here? Why are we suddenly faced with a crisis that wasn’t apparent two weeks ago?

Janet Tavakoli: This is the biggest fraud in the history of the capital markets. And it’s not something that happened last week. It happened when these loans were originated, in some cases years ago. Loans have representations and warranties that have to be met. In the past, you had a certain period of time, 60 to 90 days, where you sort through these loans and, if they’re bad, you kick them back. If the documentation wasn’t correct, you’d kick it back. If you found the incomes of the buyers had been overstated, or the houses had been appraised at twice their worth, you’d kick it back. But that didn’t happen here. And it turned out there were loan files that were missing required documentation. Part of putting the deal together is that the securitization professional, and in this case that’s banks like Goldman Sachs and JP Morgan, has to watch for this stuff. It’s called perfecting the security, and it’s not optional.

EK: And how much danger are the banks themselves in?

JT: When we had the financial crisis, the first thing the banks did was run to Congress and ask for accounting relief. They asked to be able to avoid pricing this stuff at the price where people would buy them. So no one can tell you the size of the hole in these balance sheets. We’ve thrown a lot of money at it. TARP was just the tip of the iceberg. We’ve given them guarantees on debts, low-cost funding from the Fed. But a lot of these mortgages just cannot be saved. Had we acknowledged this problem in 2005, we could’ve cleaned it up for a few hundred billion dollars. But we didn’t. Banks were lying and committing fraud, and our regulators were covering them and so a bad problem has become a hellacious one.

To put this slightly differently, it is very possible that ForeclosureGate is the cover-up, not the crime. That is, banks may be fudging the foreclosures because they are discovering more serious problems with the underlying loan documents. In many states, those problems could undermine lenders’ claims to the houses against which they made loans, perhaps putting the banks in the position of ordinary, unsecured creditors rather than front-of-the-line mortgage holders. Improper or missing documentation may mean that banks lack the right to foreclose on delinquent loans in many jurisdictions.

Read the full article at:

http://www.cnbc.com/id/39582408
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Waiting For Everyman Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 06:44 PM
Response to Reply #32
33. A lot of these mortgages very definitely CAN be saved
Edited on Fri Oct-08-10 06:47 PM by Waiting For Everyman
but the big banks have been outright STONEWALLING mod applications because they CAN. They don't even deny the mod, they simply don't process it at all. Then after about 2 months, they say they need the paperwork again (HAMP requires currrent documents, which is understandable). It's absolutely limbo. Of course during this stall, they're racking up unpaid payments at full price. Then after this has gone on for a while, they pull a lightning speed foreclosure (or try to).

Most homeowners haven't been given a chance yet. I often wonder who these failed mods were given to. My guess is, they were given to those least likely to succeed. I do know that close to zero of the mods were given to VA loans - which is just wrong. VA loans have the best track record of all (and they're 0 downpayment, so that's interesting). Even better than conventional mortgages.

There's a lot of slimey stuff going on, which needs investigation badly.
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renate Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 07:45 PM
Response to Original message
34. I feel stupid. Is this bad news for regular people or just the banks?
I assume it's good news for people who are in the process of being foreclosed on. Bad news for banks. Potentially bad news for people who bought foreclosed properties. But is this expected to have a ripple effect through the rest of the economy? I'm hoping that the effects of the seriously bad loans--the home equity loans that people took out, thinking their homes would only increase in value, and all the consumer spending that came from artificially high home prices--have already run through the economy, and that only the banks will suffer from this, either/both financially or in the form of more regulation. Am I being too optimistic?
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earcandle Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 07:54 PM
Response to Original message
35. I want to help audit and do forensic accounting for this process! I would so love to find evidence
of fraud and put these people out of business and help to
create Citizen's National Banks! 

We need our capital for our own development.  We don't need
corrupt creeps running our show.
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Better Believe It Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-08-10 11:05 PM
Response to Original message
36. Pressure builds for nationwide government freeze on foreclosures

Momentum builds for nationwide freeze on foreclosures
By Ariana Eunjung Cha, Steven Mufson and Jia Lynn Yang
Washington Post Staff Writers
October 8, 2010

Senior Obama administration officials said Friday that a nationwide moratorium on foreclosure sales may be inevitable, despite their grave reservations about the impact a broad freeze would have on the nation's housing market and economic recovery.

Their remarks were made as pressure for a nationwide moratorium mounted Friday when Bank of America, the nation's largest bank, halted evictions in all 50 states and Senate Majority Leader Harry M. Reid (D-Nev.), who is locked in a tight reelection campaign, called on other major lenders to follow suit.

The White House has so far resisted joining the election-season calls for action but convened two interagency meetings this week to discuss reports that banks filed fraudulent documents to evict borrowers who missed payments as well as fundamental questions about whether banks are seizing properties without having clear ownership of the mortgages.

With foreclosed properties comprising one in every four homes sold in the United States, the spreading moratorium could disrupt real estate deals in progress, slow down the process of clearing the backlog of troubled home loans and prolong the economic recovery, analysts said.

A freeze would also strike at the financial sector, just two years after it suffered one of the worst crises in its history. One government official who has been in discussions with several big financial firms said the banks are bracing themselves for a wave of lawsuits from homeowners who are fighting to keep their homes and from investors who had bought mortgage loans on Wall Street.

Read the full article at:

http://www.washingtonpost.com/wp-dyn/content/article/2010/10/08/AR2010100804213.html
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soryang Donating Member (642 posts) Send PM | Profile | Ignore Sat Oct-09-10 09:14 AM
Response to Original message
37. MERS was fraudulent from the outset
Edited on Sat Oct-09-10 09:28 AM by soryang
It went against everything I learned about real estate transactions in law school. If you don't record the transaction in the county court house and pay the doc stamp tax, you haven't perfected your security interest. Therefore, so called mortgage backed securities were fraudulent, because they weren't backed by mortgages nor were they secure. This is why the credit default swap scheme was planned out of AIG. AIG issued fraudulent mortgage insurance without setting a reserve, and then circumvented that legal requirement by calling the instruments CDS's.

The whole thing was institutionalized fraud. Let me warn prospective bargain hunter's. If you buy a foreclosed property, you may not get clear title. If you are buying a formerly $200,000 property for eighty thousand, you may be okay with that. But if you want to resell withing a few years, your warranty deed may expose you to liability risks. These involve what is known as "cloud on title." There will be for a generation, two different real estate markets, the "cloud on title" market selling at a massive discount, and the warranty deed market, selling at a substantial premium to that because the title is still warrantable.

This massive fraudulent scheme was devised IMHO to cover up and compensate for the massive capital flight caused by "free trade" policies resulting in a massive balance of payments problem driving the entire financial crisis. The financial crisis is really an ideological crisis. CDO's became a major export product to cover up the damage globalism is causing to the US economic, social and political structure. The result? A totally corrupt and decadent fascist society.

The huge investment banks who have Obama and both political parties in their pocket are not about to give up the excessive powers that they have assumed to continue covering up this massive fraud. That is why too big to fail and the credit derivatives market are still unregulated. The financial crisis will not be over until the financial sector is allowed to fail and move into resolution and the further structural problem of capital flight is resolved. The balance of payments crisis brought the excesses of Hitler and Stalin that led to WWII. It can happen again if it is not honestly addressed. The overseas military adventures also need to stop to bring immediate relief to the balance of payments crisis.
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soryang Donating Member (642 posts) Send PM | Profile | Ignore Sat Oct-09-10 04:45 PM
Response to Reply #37
47. A professional explanation of the MERS crisis
If you really want to understand the ongoing financial crisis caused in the secondary mortgage markets read this:

http://www.moriarty.com/ML_News/The_Cake_is_a_Lie/

The Cake is a Lie
And all the fuss about bad paperwork on mortgages is too. The real game is hidden on the dotted line.

by Jim Moriarty & Taylor Lindstrom


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bvar22 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-09-10 10:59 AM
Response to Original message
39. I will be satisfied ONLY when...
..the Frog Marches begin.
Till then, the statement that "Bankers OWN our government" will be valid.
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TexasObserver Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-09-10 11:03 AM
Response to Original message
40. This development is huge.
I was vehemently opposed to TARP two years ago. It was Bush's parting gift to his benefactors. It was a slush fund for all the companies that should have been forced to account for the mess they created. I favored forcing the big banks into liquidation. Same for AIG. It was a massive bank robbery, pulled off by the big banks and AIG.

They had a chance to do the right thing by debtors, and they didn't. Instead, they acted as if they earned the billions they were given and dropped debtors into their meat grinder. They didn't even take the time to do what the law required of them for foreclosure. Make no mistake. They cheated. They perpetrated a massive fraud on courts and citizens.

The same scoundrels who should have been made to walk the plank in 2008 orchestrated this mess. Time for them to face the mess they created after having been given hundreds of billions.

I believe this mess will do more good than any legislation could have. Lenders holding debt they want to foreclose will be forced to deal with debtors on a more equitable basis. Maybe they'll rethink their opposition to cutting principal held on badly delinquent home debt.
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Bigmack Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-09-10 11:05 AM
Response to Original message
41. And some people are afraid of Al Qaeda?....
When the banksters have hurt this country beyond the wildest dreams of all the terrorist groups put together, why is their no discussion of nationalizing the banks?

They have shown that they can't handle deregulation... hell, they have shown they can't run a business sector vital to our national security.
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Better Believe It Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-09-10 11:49 AM
Response to Original message
42. Roubini Global Economics View


RGE View (Oct 08, 2010):

The many corners cut during the latest housing and securitization bubble are now coming to the fore. A forclosure moratorium was already implemented earlier in 2009 but is not a long-term solution. Ultimately, the costs of the housing overhang will have to be absorbed by all stakeholders. In RGE's view, negative equity refinancings for solvent borrowers, principal cramdown or the conversion of foreclosed property into rental units are the more promising solutions.

http://www.roubini.com/critical-issues/134559.php?parent_briefing=134592
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FredStembottom Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-09-10 12:08 PM
Response to Reply #42
44. I knew it.... Thomas Frank looked in the right place.
Edited on Sat Oct-09-10 12:09 PM by FredStembottom
Frank's "What's the Matter with Kansas" takes an initial jaunt (that I thought was a detour at first) through a part of his boyhood town where the Victorian mansions of 110+ years ago had been un-divided from rental units and restored to single family homes - reVictorianized.

For years now, I have been suspecting that the reverse would (again) happen.
All these modern-day McMansions will be subdivided into rental property.
Just like 100 years ago.
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johnhkennedy Donating Member (30 posts) Send PM | Profile | Ignore Sat Oct-09-10 12:02 PM
Response to Original message
43. CO Sen BENNET & UDALL VOTED FOR IT & now applaud Obama for Vetoing A BILL They Didn't READ!
Passed on "unanimous vote"? SO BENNET & UDALL VOTED FOR IT !!

And Now they have the gall to applaud Obama for Vetoing
A BILL THEY DIDN'T READ?

Was that similar to reports of both of them standing in the well of the Senate waiting for Schumer to tell them a certain bill would not pass on a second vote (after have voted against it the first time) so they could safely vote for it and Pretend to Democratic Voters that THEY CARE ABOUT US!

Colorado Dems should PRIMARY UDALL !

BENNET is a ConservaDem LAPDOG who should not be returned to the Senate, especially since our Senate Primary was Stolen.

Colorado Democrats who were Andrew Romanoff supporters will be setting up Themselves for Another Stolen Primary if they fail to take this opportunity to pressure Obama and our State and National Democratic Elites
to Never, Ever Steal another of our Democratic Primaries.

Theft of anything, has consequences,
Especially something as Sacred as having an Honest Primary
(which you must have before you can say you had an Honest General Election).

And according to the rather consistent polling Buck has a strong and growing lead over Bennet so it may not matter but

Romanoff Supporters who demand Honest Primaries
should WRITE-IN "ROMANOFF"
or Just Leave the
Space Next To Michael Bennet's Name "BLANK"

to show our anger at our Democratic Party elites
for this unforgivable theft of our 2010 Senate Nomination.



In response to those that say our Colorado Democratic Primary was not stolen we offer the following evidence:

Gov. Ritter appointed Bennet even though none of the Democratic rank and file recommendation/emails that Ritter asked for mentioned Bennet "even once".

Prior to our primary vote:

Obama endorsed Bennet prior to our Caucus, County Assemblies or Primary vote.

Obama directly raised Hundreds of Thousands of Dollars for Bennet in Denver.

Obama Personally Campaigned for Bennet in Colorado and elsewhere.

Obama caused 460,000 Robo-Calls to be placed to CO Dems with his endorsement.

Obama Joined a 20,000+ telephone conference call to CO Dems with his endorsement.

Obama caused thousands of Telemarketing Calls to be made to CO Dems From Washington DC, just prior to the Primary on Aug. 10.

Our State Democratic Party leaders allowed OFA to officially organize for Bennet and do it out of the State Democratic Party offices.

The DNC and DSCC gave all their Colorado Senate race money to Bennet, thus financially handicapping Romanoff and removing him from prime individual donor lists and preferential media treatment,

A huge "Breach Of Trust" With Rank & File Colorado Dems.”


“The Greatest Good that can be achieved from the Colorado Senate race
is Getting Back Our Honest Democratic Senate Primary.

To make that happen Romanoff supporters will need to send a very powerful message to Obama and Corrupt State and national Democratic Party officials

which you can do by WRITING-IN "Romanoff"
Or Just Leaving the Space next to Bennet's name "BLANK"
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Autumn Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-09-10 05:04 PM
Response to Reply #43
49. Welcome to DU johnhkennedy
I dislike Bennet, excessively, but I can not and will not leave it blank and I don't have the luxury of writing in Andrew Romanoff's name, no matter how badly I want to. Not with Buck Fuck on the ballot. Yeah I am angry but they have me over a barrel.
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malaise Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-09-10 12:12 PM
Response to Original message
45. Wrong - something was done when the FBI spoke of the
"epidemic" of mortgage fraud earlier in the decade.

All the White collar FBI staff were removed from Wall Street and sent to DHS. It was deregulation on steriods as if Bushco wanted this fraud to happen.
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onethatcares Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-09-10 05:00 PM
Response to Original message
48. does this become RICO act prosecutible?
My understanding may be wrong, but isn't RICO called in when organizations deliberately commmit fraud while fleecing their customers?

What happens to the financial gains made under RICO, aren't they forfieted? That will cause a big problem for everyone that used notary mills don't you think?
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davidwparker Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-09-10 06:36 PM
Response to Original message
51. This is why Randi was saying not to leave your house. Make
the banks take you to court to show that they have the ORIGINAL documents.
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Odin2005 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-09-10 09:01 PM
Response to Original message
52. Can we HANG these fuckers yet?
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