Late yesterday, I had the opportunity to speak with Richard Cordray, Ohio’s Attorney General, who became the first to sue a mortgage lender over incidents of foreclosure fraud. The lawsuit against GMAC Mortgage and its parent company Ally Financial seeks damages for individual violations of fraudulent documentation of up to $25,000 per incident, additional restitution for homeowners, and an immediate injunction on all foreclosure activities by GMAC/Ally in the state. In addition, Cordray sent letters requesting meetings with other top lenders in the state, seeking information on their foreclosure activities. A lightly edited transcript of our conversation follows.
Q: So have you heard anything from these other lenders with whom you sought meetings, any news to report there?
Richard Cordray: Just yesterday we transmitted the letters, and I’m on the road today. I wouldn’t expect to hear within 12 hours. But we hope to hear from them shortly.
Q: How big can this get? I calculated out that if this were standard practice in the mortgage lending industry going back to 2005, with the 450,000 foreclosures in your state, the cost to the industry overall would be over $11 billion dollars.
Cordray: I’m not making the assumption that all the foreclosures filed in Ohio are using false affidavits. We do know through depositions about certain robo-signers. It may be that way for every foreclosure. It may not be. That will come out during discovery. But I think we’re on strong legal grounds to treat each separate case of false affidavits as a separate incident.
Q: What are the main goals for this lawsuit with GMAC?
Cordray: So, what we’re trying to achieve: first of all, GMAC has said they will put forth an unspecified pause while they sort out procedural infirmity. It wasn’t clear what pause meant. Does it apply only to foreclosure evictions, or does it apply to pending cases in the system? How long will this pause last? So our preliminary injunction would put those questions under the supervision of the court, to stop any foreclosures from GMAC until the court satisfies itself. Then as you mentioned, we seek damages for false affidavits, and other provisions as part of case, which will be sorted out in due course. The consumer restitution, we left that unspecified, and it will be refined by discovery.
Q: Do you know of any GMAC/Ally foreclosure operations that are ongoing, despite their claim that they have stopped those processes?
Cordray: We don’t know. They have pledged their willingness to have a pause. Does that mean filing no new foreclosures, or just about ones in the pipeline, or ones where they’ve already filed papers? It’s just very vague. So it should be put under the supervision of the court.
Q: But you haven’t heard any specific complaints from constituents with GMAC mortgages being foreclosed?
Cordray: We may well have those complaints. But the big picture is, what we’re seeing is very disturbing. GMAC has committed a systematic fraud on the courts of Ohio. You put that together, it should be put in a court’s hands. We shouldn’t rely on the same folks who have defrauded courts. Doesn’t seem right to me.
Q: Knowing what you know about this issue, as a citizen and not the Attorney General would you join the call of many to have a nationwide moratorium until this gets worked out?
Cordray: I don’t want to jump the gun. I don’t want to start leaping to wild conclusions. There is an indication that this was an industry wide practice. But it might not be. We will see where it goes. We’ll get to those conclusions, through the discovery process.
Q: How long do you expect all of this to play out, both with the lawsuit and the meetings with the other servicers?
Cordray: Our letter to Bank of America and JPMorgan, where there are already indications of the same processes, asked for a response within 3 days of transmitting letters. We were not quite as pointed with Citi and Well, because they have not yet admitted the same problems. We suspect that everybody was doing similar things. And we’re looking to hear back quickly. As for the court filing, we are moving as quickly as we can on a preliminary injunction.
Q: What are you hearing from other AGs across the country about this? What has there reaction been?
Cordray: Among the AGs, there’s a lot of concern with what people are seeing and hearing. Nobody’s very comfortable with the notion that people are committing fraud upon the court on a deliberate and systematic basis. This is not just about sloppy paperwork.
Q: I’m sure you heard about the President’s veto yesterday of a bill that may have made it harder for individuals to challenge foreclosure documents. It’s a moot point now, but do you think it would have had an impact on your case?
Cordray: We’re not clear that it would’ve had an impact on the case. We understood that the bill was about out -of-state affidavits. If that’s all, it wouldn’t have had the slightest impact. I don’t imagine the Congress would have said to a court, accept fraudulent evidence in your case. It is a little harder to enforce sanctions on an out-of-state signer, however. But if it did nothing more than put out-of-state signers on the same footing, that would not implicate any of this.
********
On a more personal note: Attorney General Cordray is going to need some time to prosecute this case. But he has an election coming up in a little over 3 weeks, against former Senator Mike DeWine. The latest poll shows him slightly behind, 44-38. It is imperative that Cordray and his team be given the time to reach discovery in this case and untangle the crooked web everyone suspects is at the heart of the mortgage lending industry. If you feel strongly about this issue, here’s Richard Cordray’s campaign website, which includes ways to help out. He never said a word about this in the interview, but I’m sure he could use the help.




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I wish people would not forget to say “I am a [Democrat] or a [Republican]” on their campaign websites. I imagine Cordray is Dem.
I can’t believe there is only one post on the diary. Even AG Cordray is missing the big picture one some points. This fraud, not mistakes in the paper work, as a lot of the MSM are calling it, is worse than anything in the financial system in the last 30 years. No one in office is going to really try to fix it because it’s so bad. If this mess were really investigated it would bring down the banks, chain effect,etc. Do you really think congress or the white house (which ever party)is going to bring down the banks they just propped up.
I’m curious. Cordray has had quite enough time to begin looking into foreclosure fraud, but he waited until just before election time to start making headlines with this. What are the chances that if he manages to beat DeWine, he’ll follow through on prosecuting foreclosure fraud?
Yes he is.
Great new SEIU site with an on-line tool so you can demand to see your mortgage note:
http://action.seiu.org/page/speakout/wheresthenote
I haven’t commented because I almost don’t know what to say anymore. The past 2 years at least have been an unmitigated clusterf*ck of one nature or another. I am still trying to catch my breath over the BP oil volcano disaster, which has likely screwed up the Gulf of Mex. for decades, if not longer.
The unending series of rapine & pillaging by banksters, mortgage lenders, Wall St is yet another epic disaster, and nothing that this Admin has done so far has really done much of anything to address, much less mitigate, the situation.
I don’t own property, myself, but as someone at my gym said the other day: if you don’t own property now, don’t buy anything no matter how good a “deal” it is. And if you own property and can get out: get out now while the getting is still “good.”
If I think about it too much my stomach literally tosses & turns. It’s pretty scary, and David Dyan, I think, had a post today that BoA called off all foreclosures.
I truly don’t know what to think. It seems like we’re all in this together. We can rail about citizens who waaaay overextended themselves, or citizens who stupidly took out loans that they “should have known better” about, but that’s crying over spilled milk.
I honestly don’t think the banks and the mortgage lenders know what the fack to do. They’re probably scared to death, too but are expecting the pols to bail them out at the expense of Main Street once again. funny thing is, Main Street’s just about tapped out, if not fully tapped out.
Now what? Welcome our new Chinese overlords? Mandarin, anyone?
Out here in CA, it’s looking like there will be NO state $$$ next year to pay for public schools. They’re talking about privatizing them all with the corporations bailing the schools out. T-baggers can whine and blame the unions, but THAT’s not the “problem,” either. But having corporations pay for public schools? Well, I guees the T-baggers and libertarians will have wet dreams over that, but frankly I think we can kiss any notion of “democracy” good-bye at that point.
I dunno… I feel like we’re all on that roller coaster again where it’s creeping – tick tick tick tick – towards the top of the rise, and gawd only knows what we’re about plummet pell-mell down to…
Everybody will just keep seeing nothing and missing the private companies vs the government will take over this country. Some people think that’s just grand. Firefighters, police, US mail, education, etc. I can’t wait for blackwater to take over local security. Yea, I need to pay some more FEES or be tasered to death, shot for living in my own house, (or who every the corporations say own my house).
Actually, I don’t think anyone looked into it before now because nobody thought it could be even a fraction this potentially bad. This sort of systematic fraud, on this scale, is usually only alleged by nutters hanging around street corners. It’s almost like Bigfoot walking arm-in-arm with a Zeta Reticulan into the nearest Starbucks and ordering two venti vanilla lattes.
Of course, this is Shallow Me talking, but doesn’t he look like he could be Kenneth the Page’s dad?
None of the network news shows or WaPo had this story today (not sure about NYT yet). The teevee news shows tonight and the WaPo print edition this morning were still stuck on the MERS clusterfrack without mentioning endemic fraud in the inception of RMBS or endemic fraud in foreclosures due to loss or destruction of original notes.
I am just so proud of Fire Dog Lake & DDay for breaking these scoops on every new fraud investigation & forgery discovery. Single-handedly FDL has thrown the Dems a lifeline they could conceivably use to avoid losing control of the House, if the Dems only have the balls to go on attack like Grayson is.
As for Phoenix Woman’s comment @ 8,
it only seems that way. Possibly because the MSM just cannot deal with the possibility that the entire mortgage industry is based on fraud.
In fact, foreclosure fraud was discovered as early as 2006 in FL: a FL court granted a motion for sanctions against GMAC for fraud on the court four years ago for exactly the same fraud being prosecuted by the OH AG. The copy of the complaint posted by DDay yesterday included a copy of that May 2006 order granting the motion for sanctions plus GMAC’s attempt to comply with that order (pp. 162-169) in the FL case, along with a copy of a decision sanctioning GMAC & Bank of America issued by a court in ME on Sept. 24, 2010 (pp. 170-175), which referred to (but did not cite) the FL decision issued against GMAC in May 2006.
It’s an old school but greatly missed notion that our judicial branch of government is supposed to be nonpartisan. You may notice still the absence of party affiliation on ballots for judges, but many AGs for obvious reasons have chosen to self-identify. A popular incumbent AG may not because he or she doesn’t want to lose votes based on party.
maybe not exactly all by itself, given the amazing work by Yves Smith over at Naked Capitalism, and a few others. But FDL deserves primary credit for putting this systematic fraud into the larger context we have been framing around the banks– out-of-control banks are bad for the economy. Putting the bankers in jail would be good for the economy.
As for NYT, they did have a good story today on the clusterfrack disrupting sales of foreclosed homes, but even the NYT could only work up indignation over the “shoddy preparation” and “sloppy paperwork.”
NYT story had only one line hinting at the fundamental fraud at the inception of the RMBS: “More broadly, the revelations about the sloppy paperwork are emboldening homeowners and law enforcement officials in many states to question whether lenders rightfully hold the notes underlying foreclosed properties — further chilling the housing market.” Note, not a single reference to securitized mortgages or RMBS or mortgage bonds or the Wall Street entities guilty of defrauding the entire country.
You’re probably right, but yet again, I’m smacking my head with my palm. I’m no military expert, but it was plain as day that going to war with Iraq was a total quaqmire, plus based on lies. How is it that I can see facts, but most citizens cannot? Why?
Same with this mortgage fraud. I don’t own property and never have; I’m no financial or mortgage genius. Yet I knew this whole thing was fishy and rotten going back to at least 2005 or so. I kept saying: where is all the money coming from to build all these houses & who are all these RICH people who are buying them???
It was crazy-nuts in CA with the huge numbers of McMansions built, and even back in the middle of the decade, the houses were waaaay over-priced. Yet those were the glory years when houses barely stayed on the market and they sold like hot cakes.
Why is it that I could see that something super fraudulent was going on, but most citizens bought into the madness and raced around spending like maniacs? Of course one answer is that a lot of folks at the tippy-top made a huge amount of ill-gotten gains from it all.
Remember in early 2009, Obama actually started to go after off-shore accounts? That’s where a lot of the money is, but someone said something into Obummer’s ear, and that was the end of that.
Again I feel: we are so screwed. Greed, gluttony, crooks on steroids.
I agree that it’s probably as bad as you claim; that investigating it would bring down the whole system.
On the other hand, I view this as so economically and socially destructive that **without** investigation and cleanup, it’s going to implode so badly we’ll be left with a corrosive, Third World cavern of a country.
If someone said, “Gosh, we can’t treat the patient because the infection has compromised every organ,” then my response is, “So if you don’t treat, you don’t diagnose, you don’t at least make some effort you think this patient is going to be walking around town and playing baseball next spring? Because if that’s what you believe, I think you’re delusional.”
The kind of political cowardice we are seeing on the “Oh, it’s so bad that we just are helpless, helpless, helpless…” makes me crazy.
This is a economic lemming-off-the-cliff behavior.
It posits that we all have to just roll over and let the frauds and criminals get away with their millions and billions, and we’re supposed to sit by watching helplessly.
Are you fucking kidding me?!!
It’s times like this that I ask myself, “What if Christopher Columbus had decided not to sail because he might hit stormy weather? What if no one had bothered to invent a microscope because it seemed like too much trouble, and what the hell everyone knew that ‘evil demons’ caused disease anyway?”
I don’t mean to slam you personally.
And I agree with your assessment of how bad this is.
But given a choice between my elected officials cowering and enslaving me to criminals, morons, and predators — or fighting back and cleaning the clocks of those asshats, I go with ‘fighting back’ through all legal, documented means available.
I really think this is a time for progressives to call ‘bullshit!!!’ on that whole, “Oh, it’s so bad the system will collapse” crap. If it collapses, it does so under its own criminal weight. Those of us who didn’t pull this shit should ***not*** be expected to let any of these the thieves and asshats off the hook for one instant.
It’s only here at FDL that I feel that I’m getting anything close to the whole or real story anymore. I read some local and national newspapers just because. And there’s a few other blogs that are worthwhile, but it’s here where the hard work and fact-finding really goes on.
Dylan Ratigan covered it in a very informative segment yesterday, and the word ‘fraud’ was used more than once. You can locate it via the google, or at the msnbc website if you are able to stream video.
I agree with you. It’s my goal to call “bullshit.” Let’s hope we can work together to find real solutions. Cuz it ain’t getting any better, that’s for sure.
Fractal, I don’t know whether you have paid any attention to the FCIC hearings. (I realize that many people think they’re a fiction, but I have found them to be fascinating.)
The first or second day of testimony last winter included some local law enforcement from Miami, some state AGs, and it was clear way back at that hearing that this fraud had to be unbelievably huge. If you are interested, the FCIC website has links to all their hearings and testimony. It’s quite the epic.
Basically, my takeaway was that private interests knew they had to control the FEDERAL government (and its agencies) in order to perpetrate fraud on a national scale. They had to subvert the state’s rights to control banking, and they did a helluva job.
Grrrreat! The one day I had to miss Dylan cuz of baseball playoffs and he goes and blows the whistle on foreclosure fraud. dang
Although I think DR can still claim his show is outside the MSM, even though he came from CNBC. After all, anyone who puts the Angry Young Turk on the air cannot be truly *serious.*
Well, whether you like DR or not, it’s a fair guess that there are people who want us all to believe that he doesn’t know what he’s talking about ;-)
He’s online, if you want to search the MSNBC website.
Baseball playoffs…? where did the year go?!
The FCIC has held 18 days of hearings, according to its website. They have two months to go. PDFs and video of each witness are available on a separate page for each hearing day.
Correct. The second day of hearings included testimony from the chair of the mortgage-fraud task force Miami (general counsel of Miami-Dade police), along with AGs from IL & CO and a commissioner from the TX securities board. The PDF of the mortgage-fraud task force chair is here. His PDF does not cover forgeries of note assignments or foreclosure affidavits or counterfeiting of notary signatures.
I definitely missed that hearing, as well as the marathon hearing day in Las Vegas exactly one month ago. In Vegas, the FCIC took testimony from four witnesses, including the former sales manager at Fremont Investment & Loan, about “The Impact of the Financial Crisis on Nevada Real Estate.” The Fremont guy’s testimony summary is here. His resume shows four years as Regional VP at Countrywide. ‘Nuff said. His summary mentions the RMBS assembly line but says nothing about fraud in marketing RMBS that never acquired assets because notes were never properly assigned.
This is some fantastic linkage. Thank you very much.
NYT claims it just posted this story fourteen minutes ago: Bank of America makes its foreclosure freeze nationwide. Nationwide moratorium. Reactions to BofA action from Senate Majority Leader and chair of House Committee on Oversight & Govt Reform were already on teevee earlier this afternoon: all lenders nationwide should declare a moratorium on all foreclosures.
ontigoes -
If you knew anything about the mortgage banking business you wouldn’t spare a single tear for the lenders, who are 99.9% responsible for the destruction of their own industry. As a former mortgage banker who still has many friends an acquaintances in the industry, let me assure you that it was the unbridled greed of mortgage lenders, aided and abetted by the repeal of Glass-Stegall (thanks Messrs. Gramm and Leach!) that led us to where we are now. I am still honestly puzzled how people can believe that individuals making less than 50k/year with 500 credit scores brought the financial industry to its knees. And, please, don’t be so obtuse to blame this on Obama (“These last 2 years have been an unhinged clusterf*ck…”). The process started at least 15 years ago and accelerated out of control during the Bush administration. Obama’s response has been pretty pitiful, without a doubt, but let’s lay the blame where it belongs.