There are very specific and reasonable remedies for the foreclosure fraud crisis. Paul Krugman, the Times editorial board and Ezra Klein go over them today. They should be familiar to anyone reading here for the past year – fixing the predatory lending scheme known as HAMP, adding cramdown to it to provide a stick along with the carrot, having mandatory mediation or otherwise taking the loan modification process out of the hands of the banks (or doing something similar to NACA, writing binding agreements and bringing the lenders and borrowers together), or instituting right-to-rent. These are all very positive solutions that would provide benefits for homeowners rather than just the banks (though they would be aided as well – this would reset the housing market and both reduce foreclosures and much of the banks’ liability for their faulty processes).
But to this point, the Obama Administration has preferred having the banks undertake “internal reviews” and hoping the whole thing blows over. As Krugman says, “I mean, that’s worked so well in the past, right?”
I don’t know how much more we can expect, sadly. Because what we’ve learned over the past decade is that we have a two-tiered system of justice in this country: one for the rich and connected, and another for the masses, who have virtually no access to justice.
Why haven’t more Americans successfully sued the banks that lured them into fraudulent mortgages, then foreclosed on them without the required paperwork?
It could be because the civil justice system in this country is essentially inaccessible to many Americans — and when it does get accessed, is tilted toward the wealthy and moneyed interests.
That’s certainly consistent with the finding of a world-wide survey unveiled Thursday morning that ranks the United States lowest among 11 developed nations when it comes to providing access to justice to its citizens — and lower than some third-world nations in some categories.
Particularly when it comes to access to and affordability of legal counsel in civil disputes, the U.S. ranks 20 out of the 35 nations surveyed, below not only developed nations but also such countries as Mexico, Croatia and the Dominican Republic.
The World Justice Project found that the US ranked near the bottom on most rule of law measures, with a 31% gap between how rich litigants and poor litigants view the fairness of the system.
The story of the one home in Maine which sparked the entire foreclosure fraud mess is inspiring, but anomalous. The woman who faced foreclosure managed to find non-profit legal services and got better representation that anyone in her position would normally hope for. We only know about it because they managed to get the deposition out from under seal; as Marcy asks, we don’t know how much else is still hidden from the public. Judges in Florida are to this day being pressured to speed foreclosures through the system.
Judges in Florida are under pressure to clear their foreclosure dockets; the state’s crippled real estate market and its lagging economy cannot recover until cases work their way through the courts. Earlier this year, Florida’s legislature allocated $9.6 million to help speed up the processing of foreclosures. Much of that money went to pay retired judges and case managers to help shoulder the load and quickly dispose of cases in special foreclosure courts.
But the recent reports about flawed and fraudulent filings – and a series of announcements by large lenders that they are freezing foreclosures – have given pause to some judges in Florida. While judges agree that speed remains important, some are warning that churning through cases so quickly could mean overlooking fraudulent documents and prematurely seizing homes, perhaps depriving borrowers of due process.
How judges in Florida, at the epicenter of the foreclosure crisis, strike a balance could presage how courts elsewhere in the country will grapple with the mortgage meltdown’s latest challenge for homeowners, financial firms and the broader economy.
Despite multiple state and federal investigations, some judges in Florida continue to rocket foreclosures through the system, ignoring the pleas of defense attorneys. The state Attorney General, Bill McCollum, who’s running one of those investigations, thinks the foreclosures should be sped up. And that’s the position of the arrogant, clueless banksters, trying to mold public opinion and claim this is merely about technical paperwork issues and deadbeats who deserve to lose their homes. They know that our legal system can allow them to act like landed gentry, pillaging the peasants with impunity. In a way, this all comes back to income inequality, which has driven the judicial inequality.
There’s reason to believe that the problem has become too widespread to fall along the typical lines of “the rich get richer, the poor get poorer.” With the issues of non-existent documentation for mortgages, unclear titles and notes for the properties and the attendant consequences for holders of mortgage-backed securities, the homeowner is not alone. Investors want to take a chunk out of the hides of the banks, too, poised to sue the sponsors of the trusts – i.e. the major banks – for bundling mortgage pools without obtaining the mortgage notes that spelled out the legal obligations of the borrowers. Institutional investors are coming to this understanding, pushing down bank stock prices and massively increasing credit default swaps for the financial giants. So there are countervailing forces here, bigger than just homeowners, that could bring the banks to heel.
But I have to confess that it’s hard to believe much will be done, even though the remedies are so clear. Apparently the FDIC was robo-signing when they controlled IndyMac, so the government is as implicated in this as anyone else, providing them an incentive to fix it so that accountability is as limited as possible.
We can keep pushing for the only solutions that will save homeowners, banks and the economy. But that doesn’t mean they’ll be selected.




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I can’t believe how you people get yourselves worked up over nothing.
Yes, actually this will blow over.
We’ve got to get the people out of these homes to get the economy moving again.
I hope you noted I didn’t call them deadbeats this time. I’m starting to change my opinion on that.
And I quote:
I’m sure Sudan or some other country without functioning courts sounds inviting to you. Not to me.
Gee, knock me over with a feather. How many comments have I left mocking the U.S. legal system. Here are just two from this morning.
Our 2-tiered injustice system — apparently that’s the subject of Greenwald’s next book.
As for cram down, which would’ve help to prevent much mess, people tend to forget that it was originally supposed to be in the stimulus package. Then, uh, something happened. Here’s how Greg Sargent put it
We are a consumer economy. We are the world’s largest consumer economy. Homeless people have trouble getting jobs lack of showers and clean clothes to where for work.
The more homeless we have the less consumers we have and potential workers when the economy takes off assuming it ever does.
Who will the banks sell homes to if nobody is working?
There is, thanks to a tanked economy, nobody to move into all those homes that the Tinman wants to boot people out of. And having that many empty would tank property values and state and local economies that are already teetering on extinction by further emaciating tax revenues.
The situation calls for kind of a Resolution Trust Corp on steroids to sort through it all, assign binding values, force new deals (through Frannie and Freddie if need be) so as to keep people in as many homes as possible, put a floor on housing values and the values of all the idiot securities that have been created on their shaky backs. It would be painful and costly, and yes some people would be unjustly enriched but at least they would be homeowners as opposed to the gluttonous arrogant rich banksters that criminally put us here in this spot.
The ideas in this post about going after the banks for fraud will terrify Wallstreet if they ever think it will happen.
However the odds of that happening increase as more and more people lose their jobs and homes because banks won’t lend to create jobs and government won’t create jobs.
More info on the Florida foreclosures is here.
Ecahn, Bernake intimated today that the Fed would step in to buy up “toxic” loans from the banks (?) Mortgage Lenders(?) to what end? Are the lending institutions then supposed to that lend money? Will foreclosures continue? Will any of the new Fed money help “the people” in anyway? Will this mean deflation to some extent?
I wonder if the the title insurance companies refusing to cover sales of foreclosed homes had something to do with the “voluntary” foreclosure moratoriums.
Heeeesss back the empty can tinman.. No heart no soul care only for his own interests… poor baby, Sure hope KARMA bites you where the sun don’t shine!! I would just love to find out one day You were put out into the street!!
D00d, Somalia is just waiting for you!
David you are right,hard to solve foreclosure with a third world legal system.
But moreover,I am now believe that Valarie Jerret “gaffe” was intentional & designed to take away attention from the many revelations this week of Foreclosure fraud.The WH is a major part of the problem.
Don’t feed the troll.
What is this? A which one doesn’t belong question? Klein is a sleazy enabler who will back exactly what Obama wants and exactly what the NYT doesn’t want: trusting the banks who got us into this crisis to get us out of it.
I think we can all agree that if home foreclosures hurt banks who cares they got bailed out once on the promise they would refinance existing home loans and loan money to create jobs.
They have done neither. If banks can’t sell foreclosures then people get to at least stay in their homes. If a few hedgefunds who bought home loan paper lose money who cares. If a few bankers lose their jobs who cares?
The greater good is millions staying in their homes and not being on the street. The greater good is not having millions of homeless people turning to crime to survive. The greater good is not having millions of homeless people getting TB, bird flu etc and spreading an epidemic.
The world banking system is bunch of ponzai schemes if this one doesn’t bring them down the next one will.
The banks are gambling with $36 to every $1 of collateral leverage. In other words they gamble with imaginary money often with no cash in reserve in case they need to pay.
The Credit Default Swap market no reserve required. Housing well it seems they don’t even have the title to many of these homes!
I’m no longer in the forecasting business, which I took seriously when I did it, so I am unable & unwilling to prognosticate without the appropriate degree of research & work.
Furthermore, there’s very little experience with QE, so even those who have looked at the evidence have little of it upon which to make forecasts.
With those caveats, I’m skeptical. The economy is in a liquidity trap, i.e., pushing money into it does not get it to start up again because overextended prior borrowers (consumers) and leveragered orgs (fin corps) have to reduce their debt burdens or leverage before the demand for credit picks up. Which is why FRB moves are not very powerful anymore. One person I think well of said it takes 7 years to reliquify when there is a serious debt hangover. Don’t know where she got that figure, and imagine that the length of time varies a lot. But the message is: a long time.
Economy needs more fiscal stim but that ain’t gonna happen.
Krugman in his speech Monday before last said the U.S. hasn’t even matched Japan in the amount of fiscal & monetary stim they did after their RE crash, as % of GDP. Japanese outcome is what Krugman sees for U.S., i.e., an extended period of sluggish, if any, growth.
Or, it could be worse.
Sooner or later people who own homes and are trying to sell will figure out that if all the bank foreclosed homes were off the market they could sell their homes at a higher price.
A 6 month stop on all foreclosed homes until the banks can figure out just who does have the title to these homes could give us the burbs this election.
In the burbs everyone was talking about rising home prices pre crash like a Football Dad talks about his son the star quarterback.
We act to stop foreclosures we raise home prices it will be like the local football team is having a winning season.
Actually cramdown was supposed to be in TARP, and Obama’s campaign told Dems to take it out of that.
USA! USA! USA! USA!
We’re Number One!!!!
Wait, what?
Try “everything” to do with them.
This is the LAST thing we should do. We had a chance to dissolve these insolvent assholes once, and Barry saved them.
Economist L. Wrandall Wray:
I laugh whenever I hear the word “voluntary” and the banks.
In case Congress and Obama think they’re foolin’ us, we get it.
Banks don’t “do” voluntary.
Bwahahahhahahaha. Yeah, like that would ever happen. As I’ve typed before wrt to the USG, but it applies just as much to the private system, the U.S. crossed the bridge beyond the rule of law a long time ago.
“We can keep pushing for the only solutions that will save homeowners, banks and the economy. But that doesn’t mean they’ll be selected.”
Such is the plight of subjects.
Z
Right. I freaked out last night when I heard HeliBen is gonna stick us with another whopper to
prop up these f__king terrorists.
They are not gonna stop till they’ve got every last nickel we own.
What folks have to understand is that QE takes on a brand new meaning in the context of massive fraud.
Is it an accident that Ben had an epiphany about more QE just as the banks realized they were about to be dragged under again by this crisis of their own making?
Did the Japanese monetary authority do QE? Without knowing, I’d guess there was plenty of fraud in the Jap RE bubble. Bubbles & fraud almost always go together, with causality running in both directions.
Thank you.
Oh my goodness. Would that that day would ever come!
Yes. With poor results. Actually, to the extent that Ben is talking about buying toxic assets, that is qualitative easing.
Buying toxic assets from insolvent banks does not provide stimulus. It just bails them out.
e, I was wondering where you have been on this.
Say, enlighten me, but how come we don’t hear about any massive foreclosures in the commercial real estate market?
Or is this foreplay for that?
Gerry Spence, noted defense lawyer, From Freedom to Slavery, p 109:
you have mail :D
But I have to confess that it’s hard to believe much will be done, even though the remedies are so clear.
this is part of the problem. this is kin to the pre-defeat this administration often does that FDL talks about.
we must act differently if we want different outcomes. Not being silent and going gently into that self-defeating night are the first steps.
Demand justice!
I don’t know why the commercial RE problems haven’t made much news.
Got it.
The Fed buying this crap from the banks — without knowing how much it is worth and how much fraud is involved — and pushing the risk off on taxpayers while unemployment sits near 10% and people are being thrown out of their homes is an impeachable offense.
We can’t let terminology like QE cover up a second bailout for the insolvent institutions that cratered the economy.
You’re missing the whole private property and theft piece.
You claim you have no mortgage. Under the current situation, that wouldn’t stop BofA from foreclosing on you.
What will you say when these thieves try it on you?
Why would anyone purchase one of those foreclosed homes? Why, actually, would anyone purchase any property at all right now? If I were in the market, I would be demanding extensive proof that the title to the house I was buying was clear. Far more extensive than the cursory title insurance I have on the house I currently own.
See this article.
fyi – Atrios has been all over the CRE story since late 07 – haven’t been over there for a while, but it would interesting to hear his take
The biggest mistake folks are making (including the blogosphere) is lamenting the lack of options the govt has to ‘solve’ this crisis.
There is no top down policy solution that will cure this. Its way past the time to be looking to obama, warrent timmy ben or congress for a solution. Its completely out of their hands at this point (and has been since the bubble began inflating). Its time to face the reality that this is totally a rule of law crisis and the only ‘solution’ is going to come from the courts.
At best the govt can mitigate the pain by escrowing funds for the banks through some sort of 21st century resolution trust corp if necessary to tide them over till the last oligarch standing is fit to restart the financial system.
What happens when some of the formerly rich and connected, or those who believed they were, get shaken down for defaulting on their bubble-inflated mortgages?
I see the occasional article like that: commercial RE bust coming that threatens all the outdoors. Then a month or two passes with no new news, then another article of the same ilk. I.E., there’s no ongoing litany of its actually happening, just threatening to happen. I also don’t hear much about it, except the occasion ‘threat’ warning, on cnbc in the half hour or so I can bear to tune in in the morning. Is it actually underway in a big way, or is it still just coming?
Is that so? Thanks for the info.
I assume this was when Candidate Obama was whipping for TARP I?
Well, given the quote below, that’s certainly reassuring. Phew!
The only peeps O ‘whips’ are those who voted for him.
“…The story of the one home in Maine which sparked the entire foreclosure fraud mess is inspiring, but anomalous. The woman who faced foreclosure managed to find non-profit legal services and got better representation that anyone in her position would normally hope for….”
It’s Maine, for frack’s sake. The only “foreign immigrants” there are French Canadians like my mom’s father.
Classic!
I am by no means an expert in this but I think RE loans were made under more conservative terms, fewer (and larger ones) were bundled together in securitization, and perhaps less fraud was involved in the process — and fewer “paperwork” problems.
Just a guess.
Masochist sez to sadist: Hit me. Sadist sez: No.
Ah, okay. Now I remember, Candidate Obama got Donna Edwards’s vote in exchange for a promise he’d push cram down.
I don’t know either. Just casual observation so far.
And I don’t mean to indicate that because there have been warnings, but not a lot of actual evidence so far, that it won’t happen. The bursting of the housing bubble was foreseen well in advance by many. It just took a long time before it actually happened & when it did, it was dramatic. So CRE could be a big problem that will still happen.
How they got Edwards into the veal pen.
To which the masocist replies by a pleasure filled deeply breathing.. Yeeeeeessssss!
Absolutely. My only point was a narrower one. There may not be as much underlying fraud and as many paperwork problems. But the assets will still be garbage and further jeopardize bank solvency.
If I may, the commercial real estate types are not as easy to dupe as the “rube” on the street.
(I mean no disrespect to rubes,whom no doubt some here consider ME to be.*G*)
Besides, a lot of those commercial loans were probably to banker’s friends-or-were perhaps developments in which the bankers themselves had a stake. Jus’ sayin’.
Then the sadist hits him.
And to think, facing a crisis of this maganatude, the voters in this country elected FDR in 1932.
In 2008, BHO.
Ugh.
We’re doomed. WTF has happened to the voters?? And I voted for him! I’ll go smack myself right now. (did someone say masochist?)
Third World legal system is in keeping with a 3rd world transportation system, a 3rd world manufacturing system, a 3rd world educational system and a 3rd world public safety net.
I was thinking about just your point, i.e., the composition of CRE loans to big borrowers vs. small borrowers like small biz owners. Could make a big diff, as you indicate.
Just got an email with an invitation to a reception with Biden by someone who is running for congress, donation required (didn’t bother to see how much). Emailed back: who would want to meet with anyone from this administration, sellouts to corp interests.
70 years of propaganda and indoctrination has an effect, even on those who were supposed to be “champions” of the “little people.” Besides, there was an effective and radical left in the 30′s who forced FDR to move in a progressive direction.
USA! USA! USA! USA is #3!
I’d just like to point out that the only thing keeping millions of people from being thrown out of their homes and onto on the streets right now is the reluctance of your so-called “third world” legal system to allow that to happen.
Our legal system is not the problem, DDay.
The problem is that there are far too many people in positions of power who believe our legal system doesn’t apply to them.
eCahn, remember all those dead janitor policies that big corps like WalMart,etc, had on low level employees? Policies that named the corps as beneficiaries-even long after the employee either quit or got terminated?
AIG and Hartford were two of the biggest purveyors of these instruments ,which were essntially a loan write off to the companies.
Wouldn’t it just be somethin’ if we find out there were dead mortgagee policies-bet they would know who the beneficiary(title holder) would be-in a hurry! s/
A good definition of a 3rd world legal system. One that applies to some of the people but not all of the people.
For decades, people in this country have been laboring under the delusion the the U.S. has the best of virtually everything. The best health care, the best cars, education system, TVs, athletes, you name it, the best can be found right here. Sadly, people have been slowly realizing that is just not so and hasn’t been so for a very long time. Greed, short-sighted policies, and selling out to special interests has accelerated the internal rot. The parallels to ancient Rome before its ultimate fall are frighteningly similar. It doesn’t surprise me at all that there is a huge gulf in the justice system. The wealthy and privileged hold the offices that make the laws and if they don’t hold the offices, they buy those that do.
What’s becoming more evident is that those in the privileged classes are increasingly dropping any pretense of social and legal justice for all. Mass communication and social networking are ripping the mask off and pulling back the curtain exposing the puppet-masters. I understand the anger and fear of the Teabaggers, but they’re pissed-off at and blaming the wrong people. They are being distracted by and manipulated by those responsible for the mess.
CRE will do cramdowns.
Umm, let me see. Should I trust the word of an anonymous commenter on a blog, or The World Justice Project??? Decisions..decisions….
I dunno, but I think I’m gonna have to go with The World Justice Project. Sounds a bit more authoritative than Night Owl.
Word! And that myth has a name, pedigree, and notorious history: American Exceptionalism. And we can be dead certain the Pentagon, among infamous others, has noticed its unique power, to bring the people to the bidding of the leaders.
Anybody else a fan of John Pilger’s work on this? Or the late great Howie Zinn?
~~~~~~~~~~~~~~~~~~~~~~~~~~
Obama and Empire is a YouTube video of Pilger delivering an extended version of Mourn on the Fourth of July, his 2009 article in New Statesman.
That unspeakability is the dead give-away of an unexamined myth. And I mean myth in the sense of a system of beliefs, expressed in symbols and narratives, that shape the world stage on which we play long before we take it. Myths are the means of expressing the very human power of cosmogenesis itself, the most powerful things in the human world, for they bring into being the worlds in which all other powers express themselves.
That makes them ideal, to our MOTU, for fucking with our sense of reality itself. I have no doubt that the power of myth powers propaganda.
That’s where we need to address our individual and collective heroism, IMO: busting that myth, and its kind. We don’t need no stinking superheroes to come and rescue us, then go and hide until we get in trouble again. We just need to be the plain, ordinary, everyday heroines and heroes we already are.
“In times of universal deceit,telling the truth is a revolutionary act”.
And, might I add, just trying to be a decent ,honorable human being is an act of heroism.
So in your world specious appeals to authority and selective comment editing are reasons that people should trust you?
Thanks. Good to know.
You really sure you want to equate the US Constitution, the Bill of Rights, and our entire system of American jurisprudence to the legal systems of, say, Burma or Zimbabwe? Really?
I share your frustration at the current state of affairs, but focusing your anger on the ‘system’ is far less effective (and justified imo) than focusing it on the jerks who are so blatantly abusing it.
A lot of commercial real estate is held by trusts. Keeps them out of sight.
Nice of you to come by and tell us to do what we’ve been doing for the last several years.
I just found this interesting piece,written a few days ago:
s MERS Commercial About To Break The CMBS Market? | zero hedge
Is MERS Commercial About To Break The CMBS Market? . Submitted by Tyler Durden on 10/11/2010 12:41 -0500 …
http://www.zerohedge.com/…/mers-commercial-about-break-cmbs-market – Cached
No.
I was just being an ass.
Sorry.
“Blow over” ??
I think not. MERS has compromised the integrity of residential titles.
MERS has no standing to foreclose.
Further, any CDOs or MBS created using mortgages with defective titles are worthless.
Estimates of financial institutions liability range from 7 to 14 TRILLION USD.
This could easily result in wholesale failure of the remaining banks, leading to nationalization.
A banking collapse happened in Sweden in the 90s because of a burst real estate bubble, and they had to nationalize.
No more bailouts.
You won’t get a bail out, you’ll a papering over (law change).
You can’t make Rich People poor, they’ll freak and use what money is left to make sure it doesn’t happen.
Its over, pack your bags, your education and Rosetta Stone and become an expat.
You don’t even have to pay taxes!
Well, a dead-mortgage insurance policy is exactly what a CDS on an MBS would be. If you mean to imply that a who-benefits analysis on those things might prove forensically interesting, then I’m with with you.
Aaaaaand that’s exactly what makes a CDS on a CDO or MBS created using mortgages with defective titles… priceless!