Wow. JPMorgan told CNBC today that they would “systematically review all foreclosures” in their pipeline to check for discrepancies. If this gets replicated across the industry, then Tyler Durden is right that “the American foreclosure process is now effectively shut down.”
It won’t be long before struggling borrowers recognize the sudden leverage they have, and refuse to leave their homes. It doesn’t mean that the foreclosure mills and the lenders will stop trying to bluff them – they’re even using counterfeit court summons now to “prove” that they served the borrower. This allows lenders to foreclose on homes without even informing the homeowner, which we’ve seen in select cases. Tyler continues:
As Grayson’s office points out: “Apparently what’s happening is that private process servicer companies may not be serving people with summons, and are simply counterfeiting the documents so they can keep the fees without doing the work. That means that you could theoretically be foreclosed on without ever knowing there was even a foreclosure case against you.” What it also means, is that banks may have been participants in this outright criminal judicial fraud, which we are confident will be uncovered in many more cases, as this is highly unlikely to be an isolated case. And the ultimate outcome, as the Florida Bar News states, is that soon, the entire foreclosure process will halt, thereby creating a huge bottleneck to cleaning out excess inventory as more and more squatters are allowed to reside in properties that no longer pay their mortgages to anyone, now that it is obvious that nobody (ahem Freddie, but how else can you keep bailing out the banks, pardon, the GSEs, via fraudulent fund flows) owns the actual deed.
As these stories get more publicity, and as the lenders recognize their liabilities, people will get the message. The foreclosure system is fraudulent, and borrowers need not comply.



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Grayson has already accomplished more in 2 years than Boxer has in 28 years.
Cindy’s been on this from way back
The commenters at http://market-ticker.org/ want heads- literally. It’s in every thread.
Doubt it. Debtors are too cowed by creditors to stand up for their own rights, no matter how bad the opposite side is.
So when it comes to “honoring contracts” for banksters, we have to pay out millions and billions in bonuses to those that wrecked the economy, but when it turns out that those very same banksters loan origination, title transfer or forclosure process isn’t legal, then we just fake it.
Boy, are we turning into a banana republic.
Geez. We live in a time where the Supreme Court gives Big Rights to Corporations, and where is the Consumer Rights Commission? Oh, yeah. Consumers are peons.
And, since the US doesn’t make products anymore, the consumers support foreign nations and thus the US government doesn’t care about the US consumers. Is that right?
Home loans were chopped up and sold as debt if our banks can’t foreclose then this debt drops in value.
Maybe we should file paperwork and declare ourselves to be corporations.
do you really see anything out that that is reforming the monster that the money guys have created?
We be the boiling frogs.
20 light years off topic but newly discovered Gliese 581g is a planet that is just a bit larger than the Earth, has roughly the same surface gravity and is in a stable orbit smack in the middle of the habitable zone of it’s parent star. What an exciting field to be in these days! I’d give anything to be involved with planet hunters.
Didn’t the hedgefunds get loans from the banks to buy homeloan debt from the banks $36 for every $1 of collateral loans?
Home prices have gone down, if foreclosures go down then just how are the hedgefunds going to repay these loans that are on the banks books?
If they can’t pay because the economy sucks will the banks can they refinance that debt and delay the end for a few more years?
OMG! The forclosure system is fradulent? Who would have suspected?
If foreclosing fraud in exposed, aggressive investigation will also expose fraud in the underlying underwriting of the defaulting mortgages. If that can be done, those contracts can be ordered null and void, giving homeowners the option to negotiate new contracts with fair terms.
Atmosphere ?
as a recovering cynic fallen off the wagon, my thoughts turn to what law congress will now rush to pass to once again shield the banksters from the consequences of their actions, and We The People left holding the bag…again.
I hate to throw a wet blanket on all this optimism, but the banks will never lose. Judges will rule in their favor or laws will be changed.
Expand on this point do you think its likely to happen?
Banks have made loans to hedgefunds that in this economy cannot be paid back especially if homeloans get tougher to foreclose. Bank Assets and stock price are determined in part by how much debt a bank has that is performing.
When the hedgefunds can’t afford to pay anymore banks will fail.
I wonder if Obama will devalue the currency after the election?
Not a financial expert here, but the underwriting abuses that occured during the sub-prime bubble of the Bush years are are well documented. At the time, no one challenged the abuses. If this is a new era of addressing financial abuses, older abuses are fair game as well.
That’s where another taxpayer bailout comes in.
well,mebbe a move further than France………g
good eve…hows by you?
United States exports were worth 153,300 Millions USD in July of 2010. United States is the most significant nation in the world when it comes to international trade. For decades, it has led the world in imports while simultaneously remaining as one of the top three exporters of the world. Main exports are: machinery and equipment, industrial supplies, non-auto consumer goods, motor vehicles and parts, aircraft and parts, food, feed and beverages.
This is why Barry Oilbummer sucks. He should be freezing all foreclosures NOW. But all this empty suit can do is blame regular people like us for his fuck ups. You’ve done nothing to help us. All you care about is the evil white man corporatists feasting off the pain of working people.
You should be ashamed Bary Oilbummer. You retracted the ladder after you got yours, man.
please awaiting a payout,after AIG, i want no more losses
United States exports were worth 153,300 Millions USD in July of 2010
has to be more than that
Unknown. It was detected by the radial velocity method. It will probably have to wait until the James Webb telescope is launched…unless Republicans make good their threat to defund science.
especialy in Fla…all retired corp lawyers
I’m okay. Good evening back. :)
Cool but of course if those loans are frauds then the banks are in even more trouble those loans are listed assets fraud removes the asset.
That would be the expected cuts in Social Security.
Ok,
The numbers get too big after a while.
The comment was we don’t make anything.
Clearly not true.
Same here but lots of countries devalue their currency when they are in the trouble we are in.
Great anything that might prove global warming is not going to get funded.
Some lawyers might be in deep trouble over this, but the foreclosure train, after a possible short delay, is going to roll down the track.
A lost or missing instrument is not going to result in the debt being discharged.
“The surest way to destroy a nation is to debauch its currency. …”
It doesn’t even have to be connected to climate change. Republicans are in full on science denial these days. I had one tell me that “there is no such thing as science”. Seriously.
I am not arguing that I am wondering if its a move Obama will do.
Why the denial what does it gain them except stupid easy to control slaves ok I answered my own question.
Lenin no less.
Yours is the best answer I’ve seen to that question. Personally I can’t see how anybody could live such a colorless, shallow, two dimensional life.
The mortgage system was largely fraudulent by 2007; the FCIC hearings have had at least a bit of good data and info on this.
Given that the mortgage system was fraudulent, and that paperwork was not properly recorded and archived, it’s a given that the foreclosure system would also be fraudulent. There’s no way it couldn’t be, given that it is was preceded by rampant fraud in the mortgages.
Yet, so far, no perp walks.
Coinage Act of 1792 counted debasement of currency as worthy of the death penalty. Certainly would apply in spirit, although it was aimed at coinage.
They are afraid its easier to belong to a group that makes decisions for you they convince them that they will be alone if they don’t submit to God, your boss, husband etc.
QE 1, QE light and the whispered QE 2, are exactly that. Every country is in the race to the bottom. Bumpy ride, if not a suicide mission. Zirp accomplishes it as well.
Maybe. I think that it’s just easier to control people if they are kept ignorant.
That explains the mind in chains. I was thinking more about the heart in chains.
Wow,
I generally try to avoid responding to your offensive screen name.
I had to go back several layers to try and figure out where you were coming from. I guess I get it, but not Lenin. Too much.
In this case I don’t see a distinction.
Wrong order.
Just kidding.
If it’s true, even Lenin will do. As for myself I consider myself to be residing somewhere in the proximity of libertarian socialist.
http://en.wikipedia.org/wiki/Libertarian_socialism
Cool. I peeked at the link for a moment, can you still use our streets and our Internet?
When the “lost or missing instrument” (or one that is found to be forged) is the instrument that proves that there is in fact a mortgage, then yes, the debt should be discharged. And has been, in some cases in the past year or two.
Or would you rather that random people could walk up and claim you owe them money, with no legitimate proof, and have the courts enforce the claims?
Morgan Stanley owes me $2,498,467,983.37, and they better pay up fast, because they’re WAY behind on their payments.
Fraud after fraud after fraud…. Mr President where is your DOJ and FBI? Where is the RICO suit to shut down these predators?
You claim to have completed 70% of the items on your campaign check list but that’s not what we’re seeing outside the beltway.
Is it possible that some gremlins named Tim, Larry and Rahm snuck into your office late at night and changed your checklist? Even that is becoming difficult to believe.
Our Hope was to avoid Changing into a Banana Republic. Meh…. El Presidente never listens.
/rant
On a side note, do our flimsy accounting rules even allow the banks to claim assets on the book if they do not have any documented proof of ownership what-so-ever?
Commercial and residential real estate foreclosures via deceptive and fraudulent proceedings enable lenders to repeatedly, illegally flip properties, and enables falsified IRS form 1099-A’s. Foreclosure fraud is the best means by which unscrupulous foreclosure mill lawyers deceptively auction and bid (or insiders bid) and acquire those properties; and some neighborhoods blighted.
Foreclosure fraud deliberately utilizes defunct mortgage lenders companies or companies which no longer own promissory notes; huge ransom “fees makes it even harder for property owners to regain properties. Two particular companies “which benefit from fraudulent foreclosures are Wells Fargo and Freddie Mac.
Representations about Freddie Mac billion dollar losses should be weighed against the needless money that Freddie –as well as other lenders– PAY foreclosure mills and debt collectors who utilize courtrooms to outmaneuver and persecute property owners who oppose fraudulent foreclosures. Further, when justified lawsuits for fraud –as well as for OUTRAGEOUS “Unfair Debt Collection Practices,” become filed against lenders and mills, those same lawyers make additional $$$$ from litigating and concealing their own wrongdoing!
Further, THE SHOCKING fabricated pleadings filed in Bankruptcy courts for FRAUDULENT REPOSSESSION of commercial and residential real estate res ipsa loquitur is demonstration of intentional foreclosure fraud. Foreclosure fraud has many far reaching effects; for example, years later, people UNFAIRLY become answerable for IRS tax bills and unjustified “deficiency judgments.” *MORE @ http://open.salon.com/blog/wwwlawgraceorg/2010/08/18/case_in_point_foreclosure_mills_judicial_fraud_consumer
What is being reported as a business processing “paperwork error” by GMAC and JP Morgan is more serious than being stated. The reported paperwork errors deal with things like affidavits that ‘the dog eat the mortgage and we can’t find it, but it exists.’ But here we see that the dogs that did the eating are the CDO’s the slice-em dice-em securitization. This is showing itself in the state level foreclosure process, but it actual extends across the national housing market. In other words, no matter if you are in foreclosure or not, your so called “mortgage” may not be securitized by your house. Instead you may have an unsecured loan and also own your house outright.
All of this has incredible ramifications in the economy. Consider those poor sucker trying to make a profit by flipping foreclosed properties. Do they really own what they buy? Would you invest in something you do not own? Consider the millions of investors in the securitized loan. They will be lined up to sue the bank over the warrant of securitization. Now imagine you are an aggressive trial attorney (I think we have a few of these around). Do you think you could win damages from a bank that falsified documents and foreclosed on a home owner? Forget about being a foreclosure or bankruptcy lawyer, trial lawyers going after banks directly or through class action suits will be where the big bucks reside! Now what about you. You might have an unsecured loan (you used to think it was a mortgage) in good standing. Now your house and your loan are two different entities. Remember you cannot deduct interest on an unsecured loan. And, if you happen to see bankruptcy options, you could crunch that loan down to nothing or eliminate it all together. Now consider the top executive at the banks. I am sure someone will remember those emails being sent to them back in 2008 and 2009 from the foreclosure operations department. These are the emails that said… based on the frequency of challenges to the foreclosures there may be a problem here. And remember Sarbanes Oxley and Enron and all that stuff. That’s right, the Sarbanes Oxley act may be relevant to this “operational paperwork issue.” It could be time for bank executives and Board of Trustees individually to get lawyer’d up.
Once the media starts mainstreaming the real story of secured mortgages versus unsecured loans instead of the “paperwork processing story”, we will really start seeing the talking heads lay out all of the naked-city scenarios and the ugly-ugly recourse to the mess.
Meanwhile…
->Message to Lawyers: Learn what’s going on. You have a future here!
->Message to Investors: Avoid real estate. Short the banks!
->Message to Bankers: Do not expect the government handouts again. Read up on Sarbanes Oxley. Remove mortgage references from your resume.
->Message to All Homeowners: Pay attention. Somehow, I expect you to get screwed again. Expect another 30% drop in property values.