The White House supports the 40-state investigation into fraudulent foreclosure practices, though they stopped short of endorsing a nationwide moratorium.
It’s worth noting that the chief executive could not accomplish such a moratorium by himself. States are undergoing their own moratorium attempts. Independent regulators like the FDIC or the OCC could potentially enact moratoria on individual servicers. It’s also possible that the Financial Stability Oversight Council could put a moratorium together if they felt that continued fraudulent foreclosures presented a systemic risk. And Congress may be able to mandate a freeze on GSE-backed mortgages, which is most of them at this point. But it’s unclear whether Obama could sign something to prevent foreclosures across the country. There’s no doubt that Administration support would help the resolve of the regulators involved, but as I said yesterday the wheels have come off of this regardless of the White House’s preferences.
That said, I will take the support for the state AG investigation:
“We’re supportive of getting to the bottom of the process and insuring that these banks are following the legal process for making these decisions,” White House Press Secretary Robert Gibbs told reporters. “There are a series of unintended consequences to a broader moratorium.”
Elizabeth Warren, Assistant to the President and counselor to the Treasury Secretary on the Consumer Financial Protection Bureau, just addressed this in a live White House chat. She started by saying “If there was anyone who thought, well, not sure we need a consumer agency, just take a look at today’s headlines.” She acknowledged that she was aware of some minor problems with affidavits and notarizations and servicer practices as much as three years ago, and if the CFPB were in place back when these problems were small and far apart, “this agency would have been able to head them off right then.”
She added, “This problem is big and it is serious… we know that the issuers themselves are trying to get this problem solved. Right now the role is to do what we can, not just this agency which is in its infancy but the federal government generally, to gather information to try to get ahead of understanding what is going on.” That’s not much, but basically similar to an endorsement of the state AG investigation.
One thing I’d add – that investigation should be criminal and not just civil.
UPDATE: Bill Black had a host of suggestions for what the President could do, none of which included a moratorium, but all of which were solid ideas.
UPDATE II: Warren basically said the same thing at the end of this Bloomberg interview today.



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“There are a series of unintended consequences to a broader moratorium.”
Americans have suffered the consequences of policies intended and designed to extract wealth, while undermining liberty. We see this on a daily basis as the life and liberties of Americans are turned upside down, many from forces clearly outside of their control. If one unintended consequence of a moratorium is a reduction in the “due process rights of corporations” who profit from fraudulent practices, using the color of law, so be it! I call it, Justice!
…”But it’s unclear whether Obama could sign something to prevent foreclosures across the country. ”
Back in 1971, President Nixon imposed freezes on wages and prices as an effort to control inflation. It did not work (which led President Ford to bring out his ‘Whip Inflation Now’ campaign) but it does remind us that presidents actually have a lot of more tools than sending out spokespeople to say ‘tsk, tsk’ on Sunday tv talk shows.
The administration could “support” the moratorium. The administration could support people over the welfare of the elite.
Absolutely. These criminals consider fines and a hand slap simply a cost of doing business. Some hard-core jail time would adjust their attitudes, but quick.
And Democracy.now had great coverage of a repo goon breaking into someone’s house to change the locks…..criminal, seems to me.
Gez,FDR closed the banks to correct the market back then. BHO has to ask permission from his owners to stop their fraud.
BHO is no FDR and FDR wouldn’t be caught dead at a $ 35,000 a plate dinner with the hedge fund mangers that are sucking us dry.
I agree and I’m certainly not one to defend Obama but given recent history, I can’t help but think that the best way to ensure there isn’t a moratorium is for Obama to demand one.
Big order to stop DADT….breaking news.
I don’t see the presidency as weak. I think if what you propose was the case, then surely Obama would propose one. Remember when the President said to the banks, that he was all that stood between them and us? I think he is still standing there.
FDR betrayed his fellow bluebloods. LBJ betrayed his fellow white southern racists. And Obama betrayed his fellow blacks of humble circumstances. Now it’s time for us to come full circle and elect another FDR to once again betray his fellow bluebloods. And we must do this before the bluebloods in power totally collapse our country into a full-blown banana republic that’s loaded down with nukes. We need a president who’s got enough spine to throw his fellow bluebloods under the bus and stand up for people of humble circumstances. We need a president who’s got enough spine to say and then do what FDR said and then did back in the 1930s:
“We had to struggle with the old enemies of peace — business and financial monopoly, speculation, reckless banking, class antagonism, sectionalism, war profiteering. They had begun to consider the Government of the United States as a mere appendage to their own affairs. We know now that Government by organized money is just as dangerous as Government by organized mob. Never before in all our history have these forces been so united against one candidate as they stand today. They are unanimous in their hate for me — and I welcome their hatred.”
http://motherjones.com/kevin-drum/2010/01/earning-some-hatred
Warren’s BushCObamasculation has been performed!
Don’t the people that are being foreclosed upon owe money on their mortgages? Shouldn’t they pay what they owe? Certainly the mortgage holders should follow the law when pursuing a foreclosure and they should be held accountable if they violate the law.
I’m not suggesting that there is some eleven dimensional chess going on. I was one of the first to ridicule that theory. I’m just pointing ot the reality of the situation. If Obama demanded a moratorium, there sure as hell wouldn’t be one.
D Day say hi to Montag if you see him/her anyways this could destroy the banks as I explained on other threads today.
Obama and well even I’m not sure I want that as facts are gathered thats the next likely conclusion so whats a WH’s next possible move to protect the banks?
Even with 11 dimensional chess explain the next possible move? I ride myself on intellect and creativity plus I see shit (that gift hurts) but I see no move from this position. Its obvious but I smell a Bluff.
A bad one an insult to Scamers you can’t scam a scammer we said as a kid…. but you can insult one.
O is insulting me with this half ass scheme!
Look I was a Cook, I was a Scammer in my youth Cha! This rates none of our tricks the insult not to tell me a good lie?
It’s not my intention to accuse you of anything, I just don’t agree with you that if Obama supported a moratorium, that would mean it wouldn’t happen.
You can google what goes wrong here. How would it be, for instance, if the wrong bank foreclosed on the house or even the wrong house? Or if there had not been a proper notice of delinquency? Or if there were no delinquency at all? In this country, property rights are paramount. You cannot simply say, “O we made a little mistake here”. The whole thing would come tumbling down. The law suits would multiply and no one could be sure he really owned anything if some shister can just sign a notary that you are delinquent.
You’re right about that, Margaret!
Warren Buffet? Bill Gates? They both think they should be paying more in taxes…
Micro-economic shock therapy at its finest! I really think this is what the shock-doctrine looks like at this scale.
Have to disagree with Warren on this point:
Wishful thinking! Not when control fraud itself is the policy, Sister. A way would’ve been found around that obstacle, just as I suspect nothing of substance to come from the CFPB.
If the perps meant it to protect our sovereign rights against their major donors, they’d've named it the Citizens blah blah blah, not “consumers.”
Are we mere appetites on two legs, to be delivered to the highest paying sponsors, or humans endowed with inalienable rights? Fuck the reductivists. That’s so last millennium!
Reclaiming our inalienable humanity is the first step to humanizing our political economy. As long as we believe their mechanistic cosmogenetic bullshit, we’ll keep getting led to slaughter by our own erstwhile public servants.
Why Are Bailed-Out Banks Breaking into Struggling Borrowers’ Homes?
Democracy Now! October 12, 2010
End home theft now! But, as others here are wisely noting, watch out for the bursting dam of righteous hell to be paid.
Yesterday, on one of the Emptywheel threads about this foreclosure issue, FDR and his speeches were extensively discussed…with links to sources for ALL FDR speeches and Fireside chats.
(Confirmed: Official Administration Policy Is to Continue Foreclosures
By: emptywheel Monday October 11, 2010 5:13 am )
Now, does this foreclosure issue extend to commercial real estate as well?
Thanks in advance for any amplification.
LIKE AMERICA NEED JOBS, FORECLOSURE MILLS NEED INVESTIGATION!!!
Florida’s Attorney General is correct to file his motion for rehearing that court ruling preventing the AG from investigating foreclosure mill firms who CLEARLY fabricated foreclosure documents!!
It is imperative the MILLS are investigated for INTENTIONALLY FABRICATING court documents because certain lawyers are engaged in SELF-DEALING FORECLOSURES. Most definitely, it is NOT A WASTE OF TAX PAYER MONEY to probe awful, underhanded illegalities surrounding foreclosures which have caused thousands of people to be UNLAWFULLY evicted and homeless –while unscrupulous lawyers became CRIMINALLY ENRICHED.
LONGSTANDING foreclosure frauds incorporate falsified CIVIL as well as BANKRUPTCY court pleadings; repetitive and illegal property flipping (thus blighted neighborhoods); “simulated auctions” and “straw buyers”; FALSE “lift stay” motions and FALSE “proof of claims;” and “fee-splitting.” Certain lawyers achieve extra benefits from litigating against foreclosure defense lawsuits, as they MISREPRESENT to their mortgage-clients property owners are delaying foreclosures, but actually its continual deceptive foreclosure lawyers’ activities while billing $$$$ to mortgage clients and actually committing MALPRACTICE + fraud upon the courts + fraud & illegal exploitation of homeowners!
Because fraudulent foreclosures include many facets, culmination can take years while arranging cash cow “PAWNS” needed for big pay-offs. [Super Future Equities Inc. v. Wells Fargo, et al., @ http://www.bankruptcy-lawnetwork.com/2007/05/11/what-are-those-mortgage-servicers-doing/. Again, LIKE AMERICA NEED JOBS, FORECLOSURE MILLS NEED INVESTIGATION!!! http://www.lawgrace.org/2010/09/30/important-facts-about-foreclosure-and-mortgage-fraud/
Bottom line is that the failed Wall St TBTF banks need to be audited, investigated, prosecuted and jailed instead of any more of this:
http://www.ritholtz.com/blog/2009/06/bailout-costs-vs-big-historical-events/
Will there be some adverse impact during this? Absolutely, but the goal of the government must be to provide a functioning banking system during this period. That is why TARP was an absolute failure, it was never about fixing the problem and shielding the American people from it’s impact, it was all about kicking the can down the road.
The upside is that people should now realize that getting home loans, car loans, credit cards, ANYTHING from the TBTF banks is a risky and dangerous choice. It’s time to use small banks and credit unions that stuck to the traditional model of loan brokerage. Savers at those same institutions will be rewarded with higher returns.
We all pay when we are stuck with a failed and corrupt banking system. Our economy has suffered, our retirements, pensions, 401Ks, and our employment. Anybody that thinks this is all about a relative handful of people scamming free time in a foreclosed home is easily distracted by the bright shiny objects that the banks are dangling! As the above link shows we have all paid an astonishing high price for these crooks. It’s past time to deal with them.