This story is moving fast. First to Connecticut, where Attorney General Richard Blumenthal (also running for US Senate) just put a halt to all foreclosures from all banks. California followed suit on a limited basis, with the banks that have already suspended evictions while they review their processes.
Connecticut Attorney General Richard Blumenthal on Friday ordered a moratorium on all foreclosures by all banks for 60 days–the most radical action taken by a state on issue of document irregularities.
California also expanded the moratorium on foreclosures it announced last week on Ally Financial foreclosures to include those by J.P. Morgan Chase.
Calling the companies’ review of key foreclosure documents “a ruse,” California Attorney General Jerry Brown (D) ordered J.P. Morgan to prove it is following the law before it continues foreclosures in the state.
Blumenthal, in a statement, said that JPMorgan and Ally possibly committed a fraud on the court and undermined the integrity of the foreclosure process. He might want to add Bank of America to that list:
A Bank of America official acknowledges in a legal proceeding that she signed up to 8,000 foreclosure documents a month and typically didn’t read them.
The executive’s admission adds the nation’s largest bank to a growing list of mortgage companies whose employees signed documents in foreclosure cases without verifying the information in them.
Zero Hedge notes that BofA is the third of the four largest mortgage lenders to make this admission, with only Wells Fargo swimming against the tide (and in fact accelerating their foreclosure operations). Executives at smaller lenders like One West Bank have admitted spending as little as 30 seconds on foreclosure documents before signing off on them. This is my favorite quote so far of this crisis:
She explained that while she does not check everything, she does check some information, “which is why I said 30 seconds instead of two seconds.”
So lay off, she does check SOMETHING.
I think we can conclude that this was simply the policy of the entire industry. Nobody looked too hard at the foreclosure documents because nobody really wanted to see what was contained in them – dodgy claims to ownership and even document forgeries.
Good for Blumenthal to put a stop to this in Connecticut, and really, it’s clearly only the beginning.
UPDATE: And now BofA has followed suit, suspending foreclosure processes in 23 states.



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I’m sooooo glad the banks were saved.
DDay, thanks for sharing the great news and your coverage of this story. And major props to FDL’s Cynthia Kouril and all her work on this topic over the last year. Amazing to see how things have moved along since her first post on this – one year ago yesterday!
Congrats to her and you and all at FDL who’ve worked on this. Helping millions of folks keep their homes is something to be proud of!
This is GREAT! You guys have done a FANTASTIC job! Let’s get the word out to all the victims of these predatory vampires: you may have been illegally dispossessed of your property by a pack of forgers and conspirators masquerading as banks. Get a lawyer, file to overturn the foreclosure and SUE whoever foreclosed on you for fraud and forgery. MAKE them prove ownership. BURY them in litigation.
There are millions out there victimized, THIS could take the banksters DOWN! Oh, and the unfortunates who purchased such properties will sue them too, if they get thrown out of these properties. As an extra bonus, the banks who lent THEM money to buy those properties are SOL and will sue TOO! It just gets better and better! A tsunami of litigation!
And many, many thanks to both and Cynthia for your hard work on this, David. You’ve saved many people’s homes through your excellent posts.
Every once in a while some stuff rises to the surface and someone does the right thing. Great. We need more of this.
This is huge. This means all the former Countrywide loans and a good deal of Freddie Mac’s portfolio. Now if only Bill McCollum in Florida will realize he can redeem his accomplishment free career and be the hero by doing the same in Florida. Maybe he can collude with Crist to do the right thing.
I heard somewhere that the Pulitzer Foundation (Committee?) created a new category for digital media. FDL should nominate Cynthia’s series for a Pulitzer prize, or for one of those Hillman awards like Marcy got. I would sign a petition for that if it would help.
23 states. In the 37 states where they don’t have to worry about filing false documents in court, foreclosures are proceeding full steam ahead. It’s legal to foreclose there without needing the affidavits.
At this point I’ve a lot more confidence in the brakes coming from the title insurance companies. That’s because the question in those cases is whether the servicer has standing to transfer (sell) the property. They can call default, they can demand full payment, but that last step, well, if they don’t have the title held as part of the note they can’t make the exchange.
The banks are in for an even greater surprise that could well ruin all of them that played this mortgage game.
Massive Mortgage Mess Update: Title Companies Stop Insuring Foreclosed Properties
http://www.zerohedge.com/article/massive-mortgage-mess-update-title-companies-stop-insuring-foreclosed-properties
Today’s latest chapter in what is now known as the new 3M: the Massive Mortgage Mess, is that Fidelity National has told lenders to halt foreclosures, and to stop sales of bank owned properties. The reason, and this should be no surprise to anyone, is “possible document flaws.”
And while the WaPo reports that the John Walsh, acting director of the OCC has reached out to seven lenders including Chase, Bank of America, Wells Fargo, Citi, PNC Bank, U.S. Bank and HSBC, to review their foreclosure processes in light of the Ally and JPM Chase situations, the news of the day comes from the NYT that Old Republic National Title has stopped insuring title to Ally-foreclosed properties “until further notice.”
Once the insurers lost faith in the product they are supposed to have 100% confidence in it is game over. Virtually no foreclosure transactions will take place going forward.
Also worth reading:
http://counterpunch.org/brown08192010.html
A federal court’s comments on MERS, connected to the Lopez v. Executive Trustee Services suit:
http://www.jpml.uscourts.gov/_Mats/WinMATS%20Pleadings/2119/MDL%202119%20Pleading%2039.pdf
“The MERS system purportedly operates as follows: When a home is purchased, the lender obtains from the borrower a promissory note and a mortgage instrument naming MERS as the mortgagee (as nominee for the lender and its successors and assigns). In the mortgage, the borrower assigns his right, title, and interest in the property to MERS, and the mortgage instrument is then recorded in the local land records with MERS as the named mortgagee. When the promissory note is sold (and possibly re-sold) in the secondary mortgage market, the MERS database tracks that transfer. As long as the parties involved in the sale are MERS members, MERS remains the mortgagee of record (thereby avoiding recording and other transfer fees that are otherwise associated with the sale) and continues to act as an agent for the new owner of the promissory note.”
And if the buyer isn’t a MERS member?
From the St. Petersburg Times (with the snappy neologism, “blighted titles”):
http://www.tampabay.com/news/why-sloppy-foreclosure-process-could-ruin-florida/1123990
And from Mother Jones:
http://motherjones.com/politics/2010/07/david-stern-djsp-foreclosure-fannie-freddie
“23 states. In the 37 states where” oops. mea culpa.
In 27 states where nonjudicial foreclosures can be done…
Is California one of the states that is continuing the foreclosures?
The media still has not figured out how bad this really is. A year and a half ago I filed suit in Memphis to have the court set aside my lien. My case is in the TN Appeals Court and argument will be October 14.
The real problem with the MERS system is that the liens are probably all invalid because the lien is not held by the entity lending the money; the lien is held by MERS.
In my Deed of Trust, the entities who purportedly have the right to foreclose on my property, I don’t owe a penny to. Think about that. A lien is supposed to ensure that the lender of the money gets his money back. But if I default, my money doesn’t go to the entity I owe, it goes to MERS. I don’t owe MERS a dime and never have because MERS is not a lender and never lent me any money.
MERS is the beneficiary or mortgagee on about 60 million loans and has no right to the money if a foreclosure takes place. Already, in numerous courts around the country, the courts have held that MERS has no right to foreclose on property.
Right now all the headlines are on forgeries and false affidavits. But soon when the courts begin to scrutinize the whole system, they will come to the conclusion that the liens were defective from day one.
Alan Grayson has a must see video where he touches on the problem. Help it go viral:
http://www.youtube.com/watch?v=AqnHLDeedVg&feature=player_embedded
Good for Richard Blumenthal! Now there’s a Democrat I can vote for.
Now is the time for Dems to stand up against the big banks and ride the tide of this scandal into reelection. If they don’t stand up against the banks now, they never will and are not worth even considering reelecting.
Thanks Kirk for raising the question the people in the 27 other states are screaming – “What about me?! Does this have any relevance for me? Where’s my recourse for being railroaded out of my house without even a judicial review?”.
Given the shoddy practices and the complete non-reluctance by the servicers to forge and prevaricate where and when necessary, why would anyone think the processes would be any less flawed in the non-judicial states? Who do they appeal to? Where’s their recourse? What are their Attorney Generals and Bank regulators doing?
You’re right about the title companies having their own right to lower the boom. I certainly hope every single person who ever bought a foreclosure has their personal owner’s policy with no exceptions. If the banks start issuing quit claim deeds as opposed to special warranty deeds and if the title companies only issue policies with giant exceptions, who is going to want to purchase a foreclosure, knowing that a former owner could rise from the dead and put a cloud on the title? Imagine former sellers doing that (some rightfully and some wrongfully) and demanding money from new owners to drop the claim.
The potential liability already existing for title companies is huge. One more example of the hot potato of mortgage fraud leading to foreclosure fraud and the various entwined industries passing the potato around amongst themselves. How long before the title companies turn on the mortgage servicers and allege fraudulent conveyance in order to protect themselves?
Beautiful dreamer,
Wake unto me
Starlight and dewdrops
Are awaiting thee
I get to kick a couple people out of their homes next week but it doesn’t involve mortgages…just tax liens. I don’t like doing this but it’s business.