The smaller servicers have begun to follow the big boys, by closing up some of their foreclosure operations. Litton Loan Servicing LP, a subsidiary of Goldman Sachs, halted “some” foreclosure operations. But this vagueness is why public officials like Richard Cordray doesn’t want to leave this to internal reviews and the discretion of the lenders. We need to either put this in the hands of the courts, or put together a permanent moratorium on foreclosure operations.
And that’s what a good deal of Democratic politicians have begun to demand. From the old standbys like Alan Grayson, Al Franken, Jeff Merkley and Ron Wyden (the last two just called for a nationwide moratorium late Friday) to the leadership of Pelosi and Reid, dozens of Democrats are taking this issue seriously. Yes, they’re in the middle of an election, but so are the Republicans, and you’ve seen precious few of them stick their necks out. There have been a few – Republican Greg Abbott has called for a moratorium in Texas, and Republican Tom Corbett has asked constituents to send in stories of foreclosure fraud to assist him in his investigation in Pennsylvania. (The unifying theme there: Abbott is running for re-election as Attorney General, and Corbett is running for Governor in PA). But by and large, you’re seeing Republican reactions that are either completely silent, or sound like this:
Virg Bernero, the Democratic nominee for governor, said Attorney General Mike Cox should open a formal investigation to determine if any foreclosures have been affected by the banks’ sloppiness, even though so few go through court in Michigan.
John Sellek, a spokesman for the state attorney general’s office, said Bernero’s call for a state investigation is just “politicizing the struggles of Michigan families.”
Asking for due process of the law is now “politicizing.” And incidentally, if it means homeowners don’t get screwed by their lenders, I’ll take some politicizing. I think it’s what we all need.
Speaking of which, a series of advocacy groups led by SEIU have put together Where Is the Note, a site dedicated to getting homeowners to ask their bankers to see the original note on their mortgage. It’s a perfectly simple request, and a great idea that could expose just how screwed the entire system is.
We can’t rely on Wall Street banks to follow basic rules. We have to hold them accountable. At very least, they must provide the mortgage notes.
When Wall Street banks securitized, packaged, sold, and resold our mortgages, they created a system where it is often impossible to figure out who actually owns mortgage notes and therefore has the authority to foreclose on properties. But the big banks are getting tangled up in their own web. Recent events have exposed a handful of banks that are throwing families out of their homes even though they don’t have the mortgage note that proves they actually have a legal right to do so. There have been instances of two banks trying to foreclose on the same home, and in at least one case, of a bank trying to foreclose on a house where the homeowner had never even taken out a mortgage with anyone in the first place.
Whether you are facing foreclosure, have an underwater mortgage, or are just a concerned homeowner, it’s important that you contact your bank and demand to see the original note on your mortgage. It only takes a few minutes using our free online tool.
I highly recommend. And ask your representative in Congress what they think about this, too.




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Isn’t this about 2 years too late?
Sounds great, but will their interest vanish right after the elections?
It’s very significant, without our having to be naive about their good intentions.
It legitimizes foreclosure as a mainstream political issue. The consequences of foreclosure, unemployment, homelessness and the shredding of the safety net have been tearing the country apart even as the Obama administration cruises ahead with its catfood commission.
This does not mean that we can now sit back and pray that the politicians actually do something about the impact of the economic crisis. It does, however, create an opening for progressives to bring the issue center stage.
It’s not going away anytime soon. There are too many lawsuits and too many witnesses who have already gone public for this to be shoved back into the bag.
And once again, I really, really, really like my junior Senator, Al Franken. This could truly be the Al Franken Decade.
McCollum down in Fla. where the courts seem to have forgotten about due process has very cleverly been taking civil depositions from witnesses that you might otherwise expect to be testifying in the GJ.
Why?
Because GJ testimony is secret, but civil deposition testimony can be released to the public, where it can help to educate the public, lawmakers, regulators and judges about the exact nature of the various frauds and how widespread it is.
He’s a GOP lame duck AG, but I guess that is giving him the freedom to do the right thing
PW,
Do you know what is Franken’s position on the Israel/Palestine issue?
This is a math problem.
On the y axis, we have “Probability Democratic Leadership Will Do Anything Effective For Pee-ons Against Rich Pig Scum”, the scale going from 0 to 1.
On the x axis, we have “Days After the 2 Nov. 2010 Elections”.
the function is … y = 1/x^5
on day 1, x =1, y = 1.
on Nov. 4, x = 2 and y = 1/2^5 = .03125.
on Nov. 5, x = 3 and y = 1/3^5 = 1/243 = .00411
NOTE: I could be wrong ! maybe the x axis should me “Minutes After Midnight 2 Nov. ”
rmm.
Bigger Picture:
“Check Out Chris Whalen’s Terrifying Presentation On The 2011 Foreclosure Crisis”
By Business Insider
“Whalen says subprime losses never really showed up on balance sheets. But a coming wave of foreclosures will make them a reality. At a time when banks are already stressed, these rising operational costs will cause bankruptcy.
Even without foreclosure-gate banks were screwed. As the government stalls the clear out of toxic assets, bank liabilities will rise even more.”
FRAUDULENT ‘FORECLOSURE PIE’
Any frauds surrounding notary signatures originators, whomever / whatever took place at inceptions of home ownership, SHOULD NOT OVERSHADOW THE TRUTH THAT SOME FORECLOSURE MILLS COMMITTED FRAUD FOR SELF-DEALING PURPOSES. This is by far the WORSE foreclosure culprit because scores of people are illegally homeless!
Furthermore, some lenders savored foreclosure mill frauds because of benefits like repeated COMMERCIAL and RESIDENTIAL properties FLIPPING (hence, blighted communities), originating new mortgages (and mortgage insurance!), and false IRS 1099-A’s.
These specific frauds afforded those lawyers opportunities to make $$$$$$ litigating (whitewashing) their unlawful conduct under pretense of defending mortgage clients from foreclosure defense lawsuits! WELLS FARGO epitomizes deliberate foreclosure litigation! [Super Future Equities Inc. v. Wells Fargo, et al., @ http://www.bankruptcylawnetwork.com/2007/05/11/what-are-those-mortgage-servicers-doing/
For these very reasons, completion of some foreclosures takes years, because “the PAWNS” (the defaulted borrowers!) need prepping for the cash cow, as these such lawyers sometimes misleading lenders about property owners delaying repossessions. Actually the delight of those lawyers –and all who partake of the ‘foreclosure pie– ’(SuperFutureEquities/Wells Fargo), raking in billable fees, while pretending annoyance – all the way to the bank!
“Fee-splitting” is attribute of intentional, fraudulent foreclosure. The point being, it is absurd to look at the beginning of the wheel (mortgage origination), and ignore all the OTHER –more sinister and HATEFUL facets of foreclosure fraud! *for more explicit facts about fee splitting and foreclosure mill fraud, see: http://www.lawgrace.org/2010/09/30/important-facts-about-foreclosure-and-mortgage-fraud/
This whole issue really has no bottom.
Foreclosure is supposed to take a non-performing loan and transform it into a paid-off note and (probably) a new, performing loan with a new owner. If you can’t sell the house to a new owner, there is nothing gained by foreclosure. So you might as well have a moratorium instead of having people living in shelters and empty houses falling apart.
The banks have been allowed to pretend that the non-performing loans and REOs are worth their full value, and they have been dribbling out foreclosures no faster (or not much faster) than the market can absorb them, so house prices have been maintained artificially high, making it that much harder for people to buy. This has created a huge backlog, which may very well be flushed out as part of this.
If this is as bad and as widespread as it seems it may be, there may be millions of homes with unclear title and trillions in securitized mortgages with no legal assets backing them and possibly no legal standing to collect payments.
The free-market fundamentalists are right – markets are self-correcting. They correct themselves by destroying everything they touch and leaving a smoking hole in the ground.
A Moratorium will be strongly resisted by Obama’s Banking Cartel Advisors, while the political advisors will be clamoring for it.
In the end the American Taxpayers will be told again to buck up and stop whining, as trillions of dollars will be shoved into Fannie, Freddie, and Wall Street.
This picture looks rather stark, but hey, we can lively it up:
The States are broke, letting go off teachers, police, firefighters and scores of public servants and eliminating public projects.
The Banks are still insolvent.
The dollar is being debased.
Savers are being raped by Zirp.
The Market is an expression of Fed’s interventions and HFT. Smart money is sitting on the sidelines.
We’re still occupying 2 countries and bombing civilians in a few more.
The World is decoupling from the US, we are becoming ever more irrelevant and impotent in our self righteous rage.
We are looking at austerity measures being imposed on the population while public functions and services; Public education, Medicare, and the mother load SS are going to be raided by private equity interests.
etc.
I doubt the vaunted Neoliberal Center going to hold.
Phoenix Woman, since Minnesota has a judicial or non-judicial foreclosure, I assume that all the banks go for non-judicial. Do you know if a home owner facing foreclosure in Minnesota has any avenue for requesting the original note, or is the foreclosure done behind closed doors and then just served on the homeowner?
BTW, thanks for looking out for us in Minnesota!
If you want to sell your house, but no one can get a mortgage because title insurers are running scared, think for a moment what that does to the market. If the only sales that go through are for cash, you’ll have to ask a lot less for that property, no?
Agree with reluctance to all points. It seems like the mother of all clusterf*cks is building, but citizens blissfully click the channel to watch one more “reality” show or fiddle on facebook while the US empire crashes and burns.
Stupidity on steriods is exemplified by a citizenry who has permitted, if not cheerled and encouraged, this to happen. Only the dfh’s have been correct in our assessments, insights and demands, yet I feel like we’re nothing more than a “Greek chorus” wailing in the background of this giant Kabuki show (or ancient Greek play, if you will).
What to do next? That’s the question. EVEN IF we could somehow cobble together a real “third party” that could make some kind of difference, I think we’re sh*t out of luck, a day late & a dollar short. Hope I’m wrong; fear I’m not.
I believe we will find that this play is a “tragedy”.
Ezra Klein and Janet Tavakoli:
‘This is the biggest fraud in the history of the capital markets’
EK: Given that our financial system is still fragile, isn’t that a disaster for the economy? Will credit freeze again?
JT: I disagree. In order to make the financial system healthy, we need to recognize the extent of our losses and begin facing the fraud. Then the market will be trustworthy again and people will start to participate.
EK: It sounds almost like you’re saying we still need to go through the end of our financial crisis.
JT: Yes, but I wouldn’t say crisis. This can be done with a resolution trust corporation, the way we cleaned up the S&Ls. The system got back on its feet faster because we grappled with the problems. The shareholders would be wiped out and the debt holders would have to take a discount on their debt and they’d get a debt-for-equity swap. Instead we poured TARP money into a pit and meanwhile the banks are paying huge bonuses to some people who should be made accountable for fraud. The financial crisis was a product of our irrational reaction, which protected crony capitalism rather than capitalism. In capitalism, the shareholders who took the risk would be wiped out and the debt holders would take a discount but banking would go on.
Perp walks, civil unrest?
Yes, as much as I would love to believe the Democrats will start acting for the American people, I’ve just been sucker punched into numbness for the last two years.
These guys got an election to win, and they’d sell the American people in a heart beat to win.
I have this scary feeling that this foreclosure mess is likely to end up being too big to bail out.
We could be looking at pretty much everything that has been sold with a mortgage in the last 15 years as being title-clouded and with notes outstanding to which no one can clearly lay claim (that is, cannot produce the original blue-ink note). To top it all off, we could be looking at potentially billions in fines for fraud. Someone (in an interview, I believe) cited the potential for over $11 billion in Ohio alone for some 450,000 homes since 2005.
My M-I-L was a Real Estate Broker, and she got out in the mid-90s because paperwork wasn’t being done right, and it made her nervous. She was saying notes weren’t being handled properly, nor was much of the origination paperwork and title searches became almost a joke. She believed that shady dealings were going on way back then. If she’s right, and this is both nationwide and going back 15 years, we may have a disaster that’ll made the S&L debacle look like child’s play.
when the government fears the people, there will be democracy….when people fear the government, there will be anarchy…we are inching closer to the later.
SO I just filled out SIEU’s form letter to my loan servicer, CitiMortgage. I am not under water (≈ 25% above water actually). So IF Citi is unable to produce a note, that I signed, to prove they have a right to collect my monthly mortgage payments… Why am I paying them?
I certainly understand if I was being foreclosed on and they could not produce a signed note, that I would fight their right to foreclose (hence evict) on me. Wouldn’t that same logic mean if the bank cannot prove I owe them payments (because of their screw ups), that they have no right to get them from me?
Did all this fraud just make ALL mortgages without the proper signed title/deeds produceable, INVALID CONTRACTS?
I believe that is EXACTLY the question that we are facing, and as I pointed out in my 18, may lead to catastrophe that we are UNABLE to buy our way out of…
Yes, indeed.
Plus, there are likely to be billions of dollars in trebled damages awarded to plaintiffs against the banks for civil RICO violations.
Basically, the TBTF banks are fucked and they did it to themselves. Unfortunately, all that bailout money went up in smoke and we’re back to September, 2008, except the TBTF banks are in infinitely worse shape.
The promissory notes are not invalid, but the promissee (i.e., the lender) was paid off long ago when the lender sold the mortgage. That mortgage has been sold (i.e., transferred) many times since, as well as sliced and diced, and no existing entity today has the necessary paperwork to establish that it is entitled to be paid and to foreclose on the property if it isn’t paid.
That’s the sitch in a nutshell.
Let me add that if you are in this situation, please consult with a lawyer before you decide to stop making your monthly payment.
To protect yourself, you may want to ask your lawyer about setting up a trust account and depositing your monthly mortgage payment into the trust account, pending the outcome of litigation. If you continue to pay them, you’ll never see a dime of your money again, even if a court eventually rules that they were not entitled to receive your payment.
What is the ‘Promissory Note’? Is that a separate promise to pay the specified payment at ‘x%’ for 30 years (fixed rate loan) that one is obligated to pay regardless that no ‘owner’ of the deed can be determined?
Bottom line, any chance that a mortgage borrower/homeowner could dispute paying his lender/loan servicer the monthly mortgage payment?
Since I refinanced recently (4/09), I was assuming my deed may not have been transferred past the point of recognition. But looking at my documents, my refi was with Provident Funding. PF immediately sold the loan off to CitiMortgage, whom I have been making payments to since the very first payment. So Citi may well have my original deed. I’l wait to hear from them on producing it.
But for sooooo many other’s who’s loan servicers cannot produce a valid signed deed, should they pursue stopping paying their servicer? Mason, excellent idea to keep paying the loan amount into a trust (controlled by you).
And obviously as Mason mentioned, do not consider stopping mortgage payments unless you have competent legal counsel for your specific situation.
Yes, the promissory note is the promise to payoff the loan to lender. The problem is that the original lender sold the note and the mortgage that secured the note in the secondary market. Therefore, the lender was paid off extinguishing its interest and it’s out of the picture.
The original paperwork on most of these loans “mysteriously” disappeared so that the subsequent party in interest who bought the promissory note and the mortgage failed to properly securitize and protect its interest. Never mind, however, because it sold its deficient and basically worthless interest to another entity that sliced and diced it mixing it with other worthless paper and sold it as a form of insurance.
The original lenders knew the paperwork was deficient and that’s the way they wanted it because the documentation would have established that the original loans either were fraudulent, or should have been rejected because the buyers weren’t properly qualified for the amount of the loan. They didn’t give a shit about that because they were only interested in selling the loan and they were getting pressured by the big banks to produce more and more loans. The big banks knew that a lot of the loans were basically worthless, but they didn’t care because they were making billions of dollars selling them in the world casino and they didn’t want a paper trail that would prove they were worthless assets.
I believed they pushed forward with all of these forfeitures hoping to convert their worthless paper into houses worth something and they almost pulled it off. Now the roof is falling in on them and they are literally caught holding the bag.
Serves them right.
Since my loan was a 70% ‘loan to value’ (physically appraised value), Citi may have decided it only needed to sell off the more ‘questionable’ loans and hence kept mine on their books.
Like I said, I’m not dispensing legal advice here. I’m just providing my take on the situation and advising everyone to consult with counsel of their own choosing. Please do that and run the trust account idea by your lawyer and see what he or she says.
I am not a real estate lawyer. I was a criminal defense attorney for 30 years and a law professor for 3 years. I probably know just enough about real estate law and secured transactions to pass a bar exam, which makes me dangerous, and if I were a home owner and purchased my home between 2005 and 2008, I’d be consulting a specialist in real estate law.
To put it bluntly, the practice of law is highly specialized and although I’m pretty sure that I know what I’m talking about, even I would seek confirmation of my opinion and you should too. Plus, I don’t want anybody to sue me. Capiche?
” Those who bought MBS from institutions that improperly securitized this paper can and should sue the securitizers to well beyond the orbit of Mars. . . . [I]f this bankrupts one or more large banking institutions, so be it. We now have “resolution authority”, let’s see it used.”
–Karl Denninger
http://www.webofdebt.com/articles/foreclosuregate.php
I don’t believe CITI or any of the other banks cared whether the loans they were selling were questionable and that’s the primary reason why so much documentation is missing. The banks deep-sixed the documents and misrepresented the value of the loans, with an assist from Moody’s, to conceal the fact that the loans were for the most part doomed to fail and worthless. The occasional “good” loan like yours added value, if bundled in a package of worthless loans.
This is similar to “flash” money in a con game. Con men rubber band a stack of blank paper bills with a couple of hundreds on top and on the bottom, so it looks like the brief case has bazillions of dollars. They open it quick flashing the contents and then shut it. The mark forks over whatever the fuck the con men are buying and they give him the brief case and it’s se la vie all over again.
Don’t count on not getting caught up in this thing. Ask CITI to show you the note, title, mortgage, and paperwork. You have a right to see it.
I should have added that the underlying promissory note to pay-off the loan over some period of time totaling some amount of money was chump change to the banks that bought and sold them. They bundled them together and made billions selling them as a form of “insurance” to hedge bets on high risk investments.
Seemed like a good idea at the time, except the insurance was worthless. The TBTF banks sold that worthless shit to their own customers and bet against it.
Now that’s chutzpah!
Not to mention criminal.
jane harman says she supports the moratorium.
but it cant last too long or it will mess up the real estate market.
not sure what to think of that…or is it just a big hedge from a bucks-up democrat?
This position puts the Democrats in opposition to the White House, which has stated a preference for pushing foreclosures foreward, “whether we believe them to be in error or not” because anything else wouldn’t be “prudent” and might harm the real estate market.
Despite the fact that this statment revealed the Administration to be completely lacking in guts or judgement and to have a very warped sense of priorities (Throw them out! Too bad if the foreclosesure is riddled with fraud – gotta move those REOS!), let’s ignore that for a second and talk about the premise that a foreclosure moratorium would harm the market.
How does it harm the market? Right now there is a huge surplus of inventory, fully 1/4 of which are bank REOs. These properties compete with private homeowner sales. If the bank REOs were removed temporarily from the market, inventory would be reduced by 25% which would help some homeowners finally move their properties in a less glutted market and accomplish whatever their goal in selling was – upscale or downsize, move to someplace with employment Mars?), retire, runaway with the circus, whatever.
A moratorium would keep some distressed owners in their homes and HELP other homeowners to sell. But that is probably the very last item on any administration “to do” list.