In a letter to the Financial Stability Oversight Council, the board made up of chief regulators of the financial industry, Rep. Alan Grayson has called for a national moratorium on all foreclosures because of the systemic risk of fraudulent practices.
Grayson has essentially taken this up a notch, beyond the documentation problems that were the source of the anguish over the now-vetoed HR3808. He thinks, as I do, that the documentation fraud covers a much larger fraud, rooted in the securitization of mortgages and the improper processes in which that slicing and dicing played out. This has confused the chain of ownership of the titles of the properties, throwing into question not just foreclosures but the mortgage-backed securities behind them, which represents trillions of dollars. So there’s more than enough reason for the FSOC to step in.
Yves Smith, who has done excellent work on this, reacts:
Although the data points we have seen so far could be considered anecdotal, we have evidence that strongly suggests that major RMBS originators, the investment bank packagers, and the bank trustees failed to convey the notes (the borrower IOU, which is critical to having the legal standing to foreclose in 45 states) to the RMBS trusts starting in 2005, perhaps even earlier. And comments from industry insiders suggest this problem is pervasive.
That puts a cloud over the entire US RMBS market, the biggest asset class in the world. This paper was sold as secured; the ability to offset the cost of borrower defaults by seizing and selling his house is critical to the value of the instruments. And if no assets were conveyed to a particular trust by closing, an even uglier possibility exists: under New York law, which was elected by RMBS as governing law for the trust, it would be considered to be “unfunded”, which means it does not exist.
Where do we go from here? Smith reasons that Congress could somehow pass a law to indemnify the banks, but there would be a lot of state and federal statutes bumping up against one another. Or, the government could move to massively refinance or otherwise encourage the modification of all mortgages owned by Fannie and Freddie, effectively all mortgages. That could also be the outcome of settlements from class action or Attorney General lawsuits, where the banks would move to cut their losses. Or, the banks can resist, the attorneys can carp at one another, and the problem doesn’t get resolved.
Grayson sees a way out. He believes that the amount of MBS makes foreclosure fraud a dead-solid systemic risk, which should prompt action from the FSOC. I’ll bet they never expected to have to make such a decision so quickly. Here’s the remedy that Grayson seeks:
I write to encourage the FSOC to appoint an emergency task force on foreclosure fraud as a potential systemic risk. I am also writing to ask the members of the FSOC to use their regulatory authority to impose a foreclosure moratorium on all mortgages originated and securitized between 2005-2008, until this task force is able to understand and mitigate the systemic risk posed by the foreclosure fraud crisis [...]
The liability here for the major banks is potentially enormous, and can lead to a systemic risk. Fortunately, the Dodd-Frank financial reform legislation includes a resolution process for these banks. More importantly, these foreclosures are devastating neighborhoods, families, and cities all over the country. Each foreclosure costs tens of thousands of dollars to a municipality, lowers property values, and makes bank failures more likely.
Grayson is being very canny here, and he happens to be absolutely right. This is the next wave of the financial crisis, playing out in slow motion, and either the banks get away with perpetrating fraud on homeowners, or they eat most of the downside. Dodd-Frank’s resolution authority and systemic risk council was supposedly designed to meet such a test. So, meet it.
The letter was addressed to the current members of the FSOC, made up of the Treasury Secretary (who leads it), the heads of the Federal Reserve, CFTC, SEC, FDIC, OCC, FHA and the NCUA. I linked to it, but it’s also available below.
October 7, 2010
Dear Secretary Geithner and members of the Financial Stability Oversight Council (FSOC),
The FSOC is tasked with ensuring the financial stability of the United States, which includes identifying and addressing possible systemic risks. There is a well-documented wave of foreclosure fraud sweeping the country that presents such a risk. Bank of America and JP Morgan Chase have both suspended foreclosures in 23 states where that fraud could be uncovered and stopped by the courts. Connecticut has suspended foreclosures.
I write to encourage the FSOC to appoint an emergency task force on foreclosure fraud as a potential systemic risk. I am also writing to ask the members of the FSOC to use their regulatory authority to impose a foreclosure moratorium on all mortgages originated and securitized between 2005-2008, until this task force is able to understand and mitigate the systemic risk posed by the foreclosure fraud crisis.
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.
The mortgage lending boom saw the proliferation of predatory lending and mortgage fraud, what the FBI called at the time ‘an epidemic of mortgage fraud.’ Much of this was lender-induced.
When lenders – many of whom are now out of business – originally lent money to borrowers, they often did so knowing that the terms of the loans could not possibly be honored. They sought fees, not repayment. These lenders put people in predatory loans, they induced massive amounts of fraud, and Wall Street banks misrepresented these loans to investors when they moved through the securitization chain. They were stealing money from investors, and from homeowners.
Obviously these originators and servicers didn’t keep good records of who owed what to whom because the point was never about getting paid back, it was about moving as much loan volume as possible as quickly and as cheaply as possible. The banks didn’t keep good records, and there is good reason to believe in many if not virtually all cases during this period, failed to transfer the notes, which is the borrower IOUs in accordance with the requirements of their own pooling and servicing agreements. As a result, the notes may be put out of eligibility for the trust under New York law, which governs these securitizations. Potential cures for the note may, according to certain legal experts, be contrary to IRS rules governing REMICs. As a result, loan servicers and trusts simply lack standing to foreclose. The remedy has been foreclosure fraud, including the widespread fabrication of documents.
There are now trillions of dollars of securitizations of these loans in the hands of investors. The trusts holding these loans are in a legal gray area, as the mortgage titles were never officially transferred to the trusts. The result of this is foreclosure fraud on a massive scale, including foreclosures on people without mortgages or who are on time with their payments.
The liability here for the major banks is potentially enormous, and can lead to a systemic risk. Fortunately, the Dodd-Frank financial reform legislation includes a resolution process for these banks. More importantly, these foreclosures are devastating neighborhoods, families, and cities all over the country. Each foreclosure costs tens of thousands of dollars to a municipality, lowers property values, and makes bank failures more likely.
I appreciate your willingness to assess possible systemic risks to the country, and would again encourage you to suspend foreclosures until this problem is understood and its ramifications dealt with.




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Good for him. Now, what shall be done with the inventory of homes without title or deed?
I’m officially on a land-grant campaign today. Why should banks hold property they cannot prove they own? Why should they foreclose on homes they do not legally own because they cannot produce a title or deed to the property? Furthermore, why should the perpetrators of housing fraud be allowed to sell homes they essentially stole from unwitting customers?
Make the banks think twice about swindling Americans. Let a federal agency acquire them all in order to give them away to the public as land grants.
Grayson For President 2012. At least he is leading the way screaming to high heaven about the abuses Wall Street & Big Money have perpetrated upon the American People and our Country. Alan is a very refreshing voice to the din of spin that the Pukes 7/24 noise machine spews out(with foreign money), he at least calls it like it is No spin no bullshit like it is. We need to clone him for use in all congressional districts!! Maybe then the people can have their country back!!
On the face of it, the latter seems far better than the former. The question is, where does the authority for that come from, and what are the economic implications? Is the authority not an issue if it is limited to Fannie and Freddie?
Thanks for highlighting this, DDay.
Ratigan has a good background explanation today for anyone confused about some of the issues – but Grayson’s “Fraud on fraud” hits the mark pretty well.
It gets worse and worse. Just another piece in the mosaic that depicts the real costs of obscene greed.
Why is there no accountability for these assholes who’ve harmed so many people and systematically ruined the country?
Hah, asking Geithner to investigate this problem is sorta like asking the guy at the crime scene wearing hockey mask and holding a bloody machete to help find the murderer.
Read what Yves writes and also what Karl Denninger writes as they try to tag team the nation’s officers of the law into action. Karl has been personally feeding Grayson and his staff for 2 years his concerns.
The 6? Trillion dollar Residential Mortgage Backed Securities appear to have been improperly created. The same ignoring the rules of law seen in the foreclosure mills is seen in the creation of the RMB Securities.
“And if no assets were conveyed to a particular trust by closing, an even uglier possibility exists: under New York law, which was elected by RMBS as governing law for the trust, it would be considered to be “unfunded”, which means it does not exist”
dday – hyperbolic as it may sound, i truly can’t think of another reporter of your quality and heroically voluminous output anywhere on the planet.
just a thanks.
If the president thinks he has the legal authority to put anyone on an assassination list in the name of national security, then clearly he could resolve this mess in the name of national security (not that I believe in the ‘unitary executive’, nor would I want another such autocratic precedent set). But the point is that Adm. Mullen said: “The most significant threat to our national security is the debt.” and the executive has been doing whatever it pleases under this cloak of authority…..
I’m expecting a false flag terrorist event soon to draw the news cycle away from the foreclosure issue, and to provide pretext for not resolving this issue in a way that would lead to stability or keeping people in their homes…..or worse.
……….
If the mortgages were never conveyed into the MBS, and the servicers are acting under contract with the MBS, then this must mean that the servicers have no legal right to take peoples’ mortgage payments, seeing as the MBS do not in fact own said mortgages. On top of this, the servicers have been forcing many people into default via bad faith acts for which they slap on late fees and other egregious made-up charges, which roll over, accumulating to, on average $10,000, and which are intentionally designed to force a default, even on people who otherwise could have continued to afford their mortgage. There should be class action law suits against the servicers for their larcenous acts.
………
A few days ago one of the foreclosure bloggers posted a memo from Lender Processing Service to the foreclosure attorneys which advises them to name the servicer as the plaintiff, rather than the owner of the MBS trust. This sounds like it’s intended for the banks (owners of the servicers) to take possession of the foreclosed homes that supposedly belong to the MBS. Isn’t this acknowledgment of the fact that LPS knows the mortgages were never conveyed into the MBS, but instead exist only in MERS’ database (the original paperwork having been destroyed after scanning into MERS)? Doesn’t this suggest a preconceived process:
The bubble was supposed to continue to inflate, and the balloon mortgages impel everyone to refinance or sell their homes every 2-3 years, both of which lead to new mortgages and lender fees. The MBS shareholders would never know the conveyances had never been completed as long as they receive payments from the servicers. When the subprimes defaulted, those investors who had hedged with CDS got paid off.
The servicers made most of their money in fees by purposely pushing people into arrears and foreclosure, which helped trigger the CDS payoffs. The banks then foreclose in their servicers’ names and sell the houses again. All of this without proper documentation. The LPS price list shows that they just fabricated whatever documents they might need in any particular case to carry off this process, knowing judges’ bias in their favor, and lack of time or even expertise to examine the documents for fraud. Rinse, repeat.
The MBSs were never more than fictions maintained by the forwarding of regular checks from the servicers. Theoretically the mortgages belonged to the MBS shareholders who did not benefit from CDS payouts. But they didn’t, never having been conveyed into the MBS trusts, and the banks just stole the homes, using MERS as the temporary ‘assignee’. The original lenders, having been paid for the mortgages have no right to foreclose, but they still have the right and the duty to assign the mortgages to their rightful owner, now to be determined by the courts, even if they’re bankrupt, or were subsumed into the big banks. The trustees of the bankrupt lenders would still have to plow through the mess of incomplete ‘paperwork’ (there’s no paperwork, because it was all destroyed after being scanned onto the MERS spreadsheets) and then convey the mortages to whomever, or whichever entity is entitled to them, possibly whoever bought them from the lenders.
Let us all now praise Grayson, for Grayson is doing it for us. I am sure that it is he and not a host of lobbyists or underlings that is creating the body of work that is credited to him. Sorta goes against the grain of what we have been taught of the near certainty that every bill has been written by lobbyists and put in the hands of an elected official to put up for a vote.
I have declared elsewhere on FDL my “votive” attacks on Democratic incumbants, but I’m sending money in short order to Grayson, have sent some to Russ Feingold, have pledged fialty to my local candidates Richard Pan and Ami Bera without holding them to the higher standards I require from elective higherups. And I have, and will again, donate to Mary Jo Kilroy, if only for a sentimental connection from past campaign activism, and dispite diminishing prospects of her victory.
An observation: it is said that a governorship is the best precursor to higher office. But US attorney is the new governor in that regard.
Go Ami Bera! He is a good guy. I have been working on his campaign.
Ha ha, Alan Grayson reminds me of what Senator John Ingalls said of Grover Cleveland giving his inaugural address without notes:
“My God, what a man! What a gambler! Not since Ajax defied the gods has the world witnessed such audacity.”
I’m a little vague about who “Ajax” is, but its a fine sentiment. As for Grayson, he’s smart and he’s fearless. He will go far.
Thanks for this, I always appreciate as many clear explanations as I can find of the various aspects. As I continue trying to wrap my head around the sheer magnitude of this fuckery .. I mean, we’re really getting down to the basics of civilization itself that have been ripped asunder so some would-be sharpie won’t be allowed to miss making his extra nickel ..
Investigation will be good…..but,but it ain’t happening, not when the Prez & Senate Dems will be revealed for who they are,corporate stooges.
Note,these foreclosure frauds are occurring during the time of Dem majorities in both congressional chambers and of course a Democrat is Prez.
What more evidence do you need ? The Dems just like the GOP ain’t that much into ya,ordinary Americans.
Our country didn’t get to this pitiful state on account of one party,it has been a bipartisan effort to screw ordinary Americans on behalf of the corporations folks.
I paid my NON-SUBPRIME mortgage for 7 years prior to abusive marriage. When a foreclosure mill lawyer fraudulently foreclosed via a defunct lender’s identity, the courts castigated me for opposing the foreclosure mill lawyer’s red flag use of the defunct lender’s identity, and Bankruptcy “lift stay” motions and “proof of claim” documents under Wells Fargo’s name.
Years later, the foreclosure lawyer used the non-existent lender’s identity, to carry out a ‘simulated’ auction (in my absence), and an inside bid was made on my home. The foreclosure lawyer had the property deed recorded into the name of the non-existent lender, and 3 months later, the local newspaper showed Freddie Mac as paying the non-existent lender over $86,000. At the end of the year, I discovered that Wells Fargo had gotten in on the foreclosure sham by filing a false IRS form 1099-A for my property when I received an IRS tax bill.
Foreclosure fraud, among other things causes people to become harmed for not cooperating with unlawful property confiscation. Foreclosure fraud enables things like repetitive, illegal property flipping; illegitimate homelessness, underhanded evictions; it enables unscrupulous foreclosure mill lawyers (especially when judges abet deceit) to deceptively hold auctions and make insider bids to acquire properties, and causes blighted neighborhoods.
It’s not simply loss of my home that ‘eats my lunch’, it’s such things as horrible, horrible YEARS of judicial abuses, privacy invasions, danger for my safety, blackballed from LAW employment, and other reprisals to which I am yet subjected, due to APPALLING LAND GRAB racketeering (AKA) foreclosure. And, it is similar appalling injustices of which I know have happened to other people, merely because they also lawfully sought their rights to DUE PROCESS OF LAW. I will not cease speaking out / I’m not an Internet troll. I am doing every lawful thing I know, because I simply want MY LIFE BACK. http://www.lawgrace.org
A post at Zerohedge concerning a deposition of a ‘document processor’ at one of the ‘document mills’. The deposition is available in full at the ZeroHedge post.
Deposition taken by the State of Florida Office of the Attorney General Department of Legal Affairs.
At the deposition for the State of Florida- two Assistant Attorneys General and a Financial Investigator for The Office Of the Attorney General.
I’ve read the deposition and the allegations seem plausible and shocking in the degree of wrongdoing alleged.
A new twist- the allegation that information used to create the documents was input at offshore operations.
Forged signatures, forged notary stamps, backdated and signed documents, documents created from the whole cloth, forged services, judges processing 500 foreclosures at a time without the files present, and so on. Employees of the document mill onsite (permanently assigned apparently) at the loan originators premises, but being paid by the document mill.
Foreclosure fraud, among other things causes people to become harmed for not cooperating with unlawful property confiscation. Foreclosure fraud enables things like repetitive, illegal property flipping; illegitimate homelessness, underhanded evictions; it enables unscrupulous foreclosure mill lawyers (especially when judges abet deceit) to deceptively hold auctions and make insider bids to acquire properties, and causes blighted neighborhoods.
I paid my NON-SUBPRIME mortgage for 7 years prior to abusive marriage. When a foreclosure mill lawyer fraudulently foreclosed via a defunct lender’s identity, the courts castigated me for opposing the foreclosure mill lawyer’s red flag use of the defunct lender’s identity, and Bankruptcy “lift stay” motions and “proof of claim” documents under Wells Fargo’s name.
Years later, the foreclosure lawyer used the non-existent lender’s identity, to carry out a ‘simulated’ auction (in my absence), and an inside bid was made on my home. The foreclosure lawyer had the property deed recorded into the name of the non-existent lender, and 3 months later, the local newspaper showed Freddie Mac as paying the non-existent lender over $86,000. At the end of the year, I discovered that Wells Fargo had gotten in on the foreclosure sham by filing a false IRS form 1099-A for my property when I received an IRS tax bill.
It’s not simply loss of my home that ‘eats my lunch’, it’s such things as horrible, horrible YEARS of judicial abuses, privacy invasions, danger for my safety, blackballed from LAW employment, and other reprisals to which I am yet subjected, due to APPALLING LAND GRAB racketeering (AKA) foreclosure. And, it is similar appalling injustices of which I know have happened to other people, merely because they also lawfully sought their rights to DUE PROCESS OF LAW. I will not cease speaking out / I’m not an Internet troll. I am doing every lawful thing I know, because I simply want MY LIFE BACK. *http://www.lawgrace.org/2010/09/30/important-facts-about-foreclosure-and-mortgage-fraud/
Everybody that has watched Max Keiser and others of a similar mindset already know the PROBLEM is the massive FRAUD inside the Mortgage Securities market and nobody knows who owns WHAT.
If we have what it takes to clear this up, we can start to remove the massive debt on Fannie and Freddie’s books and send some Bankers to jail for Securities Fraud.
They are going to HAVE to do this if they want recovery because the Banks will not lend without removing all this debt and most of it belongs to, guess who? – Citi Bank: a ZOMBIE BANK!
This is actually something the Tea Party and some Fiscal Conservatives can get behind and actually write down the debt, all of it.
I don’t know if its that cynical…
They have removed industry, stifle innovation and made an already complicated tax code even more so.
Not to mention Dems happily passed NAFTA and supported War(s).
To keep Clintons recovery moving they had to do something. They also let the auto industry weasel out of higher fuel economy regulations.
The cause is basically Dems not willing to do the sometimes tough job of Governance, while Right has been ruled top to bottom by NeoCons, to only be replaced by Libertarian extremist that love the fact that Poor Tenn man’s house burned down while the Fire Dept watched, because he hadn’t paid $75… This is the type of al la carte Government these people want.
ha !
Grayson –
Denninger on Ratigan – “
Karl Denninger on Dylan Ratigan show
and Denninger’s letter to California Democatic Delegation
p.s. a little disconcerting at first as Ratigan introduces him as an “orignal Tea Party member” I know there were some folks calling themselves that before Santelli’s “rant” and the astroturfing started –
there are a few Galtists in his Letter to Dems comment thread, but a lot of those comments could have easily appeared here
In response to cbl2 @ 21
Max Keiser wrote this in a comment at Naked Capitalism:
hear, hear!
Please note: these frauds occurred under the prior, Republican Administration, under the prior two Republican-appointed SEC heads, Harvey ‘the’ Pitt and Chris ‘Two-fer’ Cox. Also note that funding for these and most other Executive agencies had been steadily reduced, and personnel had become increasingly over-worked, under the budgets of the Republican Congresses from 1995 through 2007.
You get what you pay for. Corporations paid for a party to look the other way, and they got one in the Republican Party.
You’re entitled to your opinion, but these are the facts.
Senator Al Franken came on loud and hard yesterday, from his perch on the Senate Judiciary Committee, demanding Halder and DOJ speak up. They did.
Grayson has been carrying this issue for several years, but now is the time to add what Franken did and said to the mix, and power up.
The answer is a Moratorium, followed by a very public investigation of what it is all about, followed by a demand to actually fix.
Thank goodness Obama refused to sign on to the slyly passed interstate recognigition of bad documentation yesterday. As Jon Stewert put it last night, this is what it took to get back to square one.
Brilliant.
Keep fighting. The momentum is finally on your side now. The mills of the Gods might have finally just flipped the “on” switch. There are going to be many many attorneys who will be jumping into this fray on the side of the fraud victims – maybe you will be able to find employment helping others who were similarly victimized.
Excellent post, excellent comments. Recommended.
Let the sunshine in folks!
I do want to bring this to folks’ attention as well: “Sleazy Real Estate Developers’ Latest Scam Could Skim 5 Percent Off Your Home’s Value,” by Slade Smith, Oct. 7, 2010
Meanwhile …
(from “Bank of America Halts Foreclosures In All 50 States,” Tyler Durden, Oct. 8, 2010)
I was ready for FIRE sector nationalization yesterday given Americans have already been dealing with this sea of corruption since the early/mid 2000s (remember the id/financials data thefts?). Statements like this reveal how the banks plan to continue theft from Americans for another five years:
(from “Pushing on a String Up Close and Ugly,” by madhedgefundtrader, Oct. 8, 2010)