I mentioned this at the end of this post about investor lawsuits, but it deserves to be highlighted. This is a level of fraud that I probably should’ve seen coming, but didn’t. Apparently, Bank of America has admitted in a court filing that they sold the same mortgage loan in multiple pools to investors. In layman’s terms, say I own the FDL News Cupcake Food Truck and you come up to buy a cupcake. I sell it to you, and then I sell the same cupcake to the guy behind you, and the guy behind you. As you all wait for your order, you talk to each other and realize that you were all sold the same cupcake. So who actually owns it?
That’s directly from the court document, saying that many loans and other mortgage-related assets “have been double- and even triple-pledged to various constituencies.” It would be impossible to designate ownership in that scenario unless the trustees of the mortgage pools took back all the loans and assigned them again.
You’re talking about the same mortgage loan sold two or three times to different people. In the hustle to get as much paper out the door as possible, all kinds of fraudulent occurrences like this happened. An anonymous whistleblower at Zero Hedge basically corroborates this today:
This much I can tell you. We have no idea what is in those packages. I personally packaged billions in MBS which have been placed on public shelves. Those assets were underwritten by Goldman, Morgan or name your investment bank [...]
I put together a large subprime deal where we said that the percentage of Stated income assets was 10%. Out of a pool of over 500 assets, we ran our due diligence and pulled a sample of 50 assets, we had over 25% of the assets come back as stated income. Well, we got another 50 assets and still came back with 22% stated. It was obvious to me and the underwriter that the stated income levels were higher than originally reported.
How did we handle this issue? We threw all the stated income assets out of the deal. In this case we threw out 22 assets and packaged the deal as 10%. In fact that is how we would typically handle issues where we had discrepancies. I told my boss on several occasions that it was a real fishy way of doing things, but as everyone was also doing it, my coworkers, the guys from Goldman, the agencies, I just kind of went along with it [...]
We didn’t check every single loan document for every single legally required piece of information. Yea, we’d check for the important things, but we couldn’t and didn’t check for every single clause on every single loan document. We couldn’t. And now we are finding out that we should have.
This is basically the mortgage bond scandal that Felix Salmon, Shahien Nasiripour and others have been writing about. The banks would knowingly put garbage into the mortgage pools and trot it out to the investors while misrepresenting the product. Now, we’re learning, there was a whole new angle – some of the loans showed up in multiple pools.
And the database function which built the securitization market for speed instead is contributing to the legal problems. Floyd Norris took a look at MERS today and came to many of the same conclusions that I did.
Bank stocks fell sharply last week, even while most shares were rising. JPMorgan Chase, which is a part owner of MERS, said it had not used the service since 2008. At least one title insurance company has gotten a bank to agree to indemnify it if the securitization process causes problems for titles. Without title insurance, the real estate market would grind to a halt.
And earlier this month a federal judge in Oregon issued an injunction blocking Bank of America from foreclosing on a borrower’s home. United States District Court Judge Garr M. King said that under Oregon law, the borrower was likely to prevail on the argument that the use of MERS had invalidated the mortgage [...]
In a case in Arkansas, the owner of a second mortgage foreclosed on a home without notifying MERS, which was listed as owning the first mortgage. When MERS sued to overturn the foreclosure, the state supreme court ruled that MERS had no case. It had lost nothing, the court concluded, because it was not the actual beneficiary of the first mortgage.
I see no way out of this for the banks. Investors are getting wise that they’ve been defrauded, they have legal avenues to seek restitution, and unlike homeowners they are rich enough to get recognized by a legal system that caters to some more than others.
UPDATE: Atrios is right that we don’t have a sense of how widespread this particular problem is. But it does show that there were practically no safeguards to this kind of occurrence, that MERS did not streamline the securitization process in such a way to avoid mistakes, and that just presages more problems.





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That would be awesome if you did own the cupcake truck. Or that warm cookies truck I always see.
fyi – CNBC just now reporting NY Fed, Blackrock, & PIMCO “included in consortium” suing BOA on Countrywide MBS
“BOA CDS costs jump 26 BPS to 204 BPS”
now, CNBC bobblehead muddying the waters saying these actors might be suing b/c Countrywide was too slow on foreclosures – wth ?
re·cur·sion
A visual form of recursion known as the Droste effect.
I like to compare the banksters’ intentional “black box” financial operations to the “1977 K-Tel Blitzhacker” (aka the Fraud-o-matic).
Bloomberg
makes it sound like NY FED, PIMCO, Blackrock, are included in the “expanded” Bondholder group
clear as mud
It’s just a question of paperwork, right?
I think it was Atrios who said the banksters can’t even count the money right, but that’s why they supposedly exist.
Time to nationalize the banks, if you ask me.
alright, now I’m losin it completely – Cramer on the teevee tryin to dismiss as “pennies on the dollar, spread out over several years”
Andy, do I have a deal for you!
OT– Thought-provoking post with video series: “Inside the Illusory Empire of the Banking Commodity Con Game,” by smartknowledgeu, Oct. 19, 2010
Cupcake truck!–love the imagery! The expected cupcake fight–I can’t wait to see that! …crumbs flying everywhere. … icing smeared on faces and necks. Let’s hope the courts don’t let us down.
And because these mother-fuckers do their shit with a pen instead of a gun, they won’t even be charged, let alone do any time.
Go Big or Go Home.
These smartasses have been scooping up these cheap toxic MBS’ and now they’re going to try and make a killing by returning them to B of A. Hold your hat Brian Moynihan. But in the end they’ll spin the whole foreclosure thing into some kind of story that we need to screw the busted homeowners in order to protect the taxpayers from having to further bail out Fannie and Freddie to the tune of gazillions. Actually what they’re doing is creating 2 different types of property law–one for the banks and the other for the poor slobs.
One of my oft-typed sentences: no one’s imagination is rich enough to figure out how much fraud, & exactly what form it takes, in a bubble.
FDL News Cupcake Food Truck!
FDL News Cupcake Food Truck!
FDL News Cupcake Food Truck!
What kind of music will it play to attract buyers? Might it roll up to your place of unemployment today?
Beg to differ. Only one type of property law, the one for the poor slobs. Banksters operate in the no law zone.
Cupcake cannon
The banks and bonds funds are about to start duking it out in court over who owns the cupcake and who bought it. So they do operate in a law zone–one where whoever owns the judges/justices wins.
I can’t wrap my head around this, total wild west lawlessness.
Obviously you haven’t been hanging around the right crowd. With the right compañeros, it would all start coming to you naturally.
But I wondered about sh*t like this. After all the gobblety-gook that’s been said, who could confirm who owned what. I confess to being pretty ignorant about all this, but it just seemed to me that, due to MERS and related issues, homeowners in good standing no longer knew who held their mortgages.
Is it any wonder that the level of fraud is THIS deep?
Ah well, where’s our resident troll to drop by now, wag his finger and somehow bend the space-time continuum to explain how it’s all the “fault” of “lazy slacker liberals.” I’m sure somehow it’s all the fault – and only the fault – of lazy liberals. /s
Ah, but, there you go: it’s the Libertarians dream paradise. And guess what? They don’t even have to move to Somalia to let their Ayn Rand flag fly free as a bird.
As they say in the south: why hooooow nice.
anyone see the mel brooks film the producers?
they kept selling the same shares of a pla
How can Obama or anyone else be considering amnesties leaving something this horrible hanging over the US financial system?
How could anybody possibly consider doing business with these financial institutions if the same gang of thieves is still around running them?
Not so. Remember I used to work on Wall St. So I know what goes on in a generic way. But was often surprised by the specifics, for precisely the kinds of reasons we’re talking about, like not even being able to count the money.
Besides, who wants to use one’s imagination that way? It’s an imagination opportunity cost: I could spend my time figuring out which particular fraud is next (Ponzi schemes are a perennial, so no imagination wasted on that one), OR, I could use my imagination for, let’s say, intellectual or prurient, or or or… purposes.
I think three grown men should be able to push over that cupcake truck.
The way I heard it was that this was all the fault of the meth-addicted brown folk who took loans that they knew they could never afford; and the poor banking industry didn’t wanna do it but they had no choice because Jimmy Carter set up the Community Re-investment Act specifically to hose the well intentioned banking industry. That dirty peanut farmer’s evil plan simply took 30 years to develop, but you can finally see what an evil genius he was.
I seem to remember a popular movie based on the same scenario. It starred Zero Mostel and Gene Wilder, and featured a song entitled “Springtime for Hitler.”
One example she gave though was empty houses represented as being occupied, apparenlty a big deal since empty implies investment homes.
If you sell three of us the same cupcake, each of us is going to notice when we don’t get a whole cupcake to eat. So what did the trust do with the single set of proceeds from this same mortgage? Where were the simple accounting alarm bells telling them there’s a problem?
” In layman’s terms, say I own the FDL News Cupcake Food Truck and you come up to buy a cupcake. I sell it to you, and then I sell the same cupcake to the guy behind you, and the guy behind you”
Wouldn’t the analogy really be, you borrow money from me, and pledge the cupcake as collateral, and then you borrow money from the guy behind me, and pledge the cupcake as collateral?
One thing I don’t understand is who got paid? If you put these duplicate or triplicate loans in multiple bonds then someone got paid and someone did not. It took this long for those who did not get paid to realize they’s been taken for a ride?
ponzeroma
they could keep selling it till the market collapsed
Didn’t mean it in the way you interpreted it. Meant it in the sense that to have an imagination to think of such frauds, you would have had to have made a conscious choice to participate in them with others, as opposed to playing by the rules. Once you cross that line, crossing others more egregious becomes easy, and the ability to envision other frauds comes naturally.
Tom Tomorrow weighs in.
What, does Atrios work for BoA now? Fucking ridiculous.
Um. . .okay. . .this might not be the best time to point out that I think these banks have been doing the same thing with student loans as well. If they have been, that could end up being an even bigger problem for the country. I’d lay odds on them doing this with every loan that they do, which means that this could be a right royal mess and soon.
I actually caught all of her segment –
‘clock starts today, 120 days from now, (incl 2 separate 60 day periods) if non performance issues are not addressed, our cients can then go to court to get the terms of the contract enforced’
is it wrong of me to enjoy seeing Bartiromo’s wan face and smudged mascara ??
The banksters will say that there is absolutely nothing wrong with selling the same loan over and over — as long as the DFHs pay their fucking mortgage.
Nah, they knew they had been riding on the ghost train, in fact they were part of the engine. The problem is they never thought people, especially not us little people would see it and figure it out. Well, now it is happening big time. All the 401K programs and retirement fund accounts were invested in those shared cupcakes. My retirement or 401k had the bottom fall out of it during all the TBTF rescue package was being prepared. It fell across the board in all sectors of investment, domestic, foreign, and mutual funds.
On another note, when single stocks were falling and showing no growth, mutual funds and bonds were hauling in loads of money for their growth prospects. Something is really screwed when mutual funds are making money but the individual stocks that comprise that fund are stinking and sinking! So yeah, they knew it all along. Now, they are covering their butts to get some money back to keep from being sued to the Moon and beyond!
Nah, I loved it.
You’ve got me thinking back on my Wall St. days. Some of it is just haste. RAs and summer interns in investment banking are judged by how many books they can turn out. So they assemble paper, punch holes in one side, put those plastic thingies thru the holes, give a stack 8′ high to their partner boss, and that constitutes due diligence. Partners get judged by how many deals they do. Doesn’t matter what’s in the books, as no one ever looks at them.
Bingo! Why else do you set up a system to obscure who owns a lien? Because you want to sell that lien multiple times. Add in a little math-sounding mumbo-jumbo, throw in a bank of computers, falsify a few documents and you can create a trillion dollar fraud out of thin air.
If you go through the lawyer’s analysis of MERS a few posts back you will see that even within the private off-the-books mortgage system’s “rules” there was no requirement to record lien assignments. So even in good faith it seems that there was no way to prevent what you describe. When they started squaring and cubing CDOs (and more) it became clear that the intent was to hide the fraud.
Absurdity “Across The (fractal) Universe HD” (RIP Mandelbrot)
“Mind Games” (RIP John Lennon)
Sure it’s been obvious all along, reading anything on the froots of the crisis like Michael Lewis’ Big Short that all these players were drooling for “product.” If you take all the MBS’ and the CDO’s and CDSwaps, they are all bets on the same original loans, there isn’t enough real estate in the world to back all this shit up! What choice does the Fed, Geithner, Humpty-Dumpty Obama, Larry Summers, anyone have but to try and kick this giant can of shit down the road ’cause owning up to this collossal nation cluster-fuck would be grounds for a revolution in the bowels of the empire! Oh but wait a minute, I just realized that Rick Santelli already told us it was all caused by some welfare cheats in Cleveland who scammed our honest banksters, whew, What was I thinking for a minute?
No, they knew it would happen but just intended to be out of the way before it hit. Nobody has any personal liability, they will just move on to some other fradulent scheme and leave the patsies holding the bag.
Sounds like a great method for greasing their ride down the slippery slope.
I mean WTF? They put Bernie in jail for that shit. This is becoming unfucking believable. TBTF, part 2 on the way? fuck it, let’s have it and this time put the fuckers in jail for real. And no more fucking bonuses for those asses. Shit man, WTF is goin’on?
How widespread is it?
Just consider the greedy snot-nosed little Wharton MBA who discovered that loans already “sold” could be repackaged and “sold” over and over. And he/she wanted to buy that $2 million condo in West Village.
Or consider his/her fat greedy boss wanting the $20 million mansion in the Hamptons?
You think they left ANY money on the table?
I always allowed there were more problems than anyone knew but duplicate notes? On a grand scale? And you can’t find them? And you don’t know who has the mortgage on my house? How did this ponzi work? Fuck, someone(s) has to go to jail. Depression 2.1 on the way.
I remember that so vividly because being an investment banking RA or spending your summer between 2 years at B-school seemed like such a moronic job. My RA, OTOH, got to do much more interesting work. Of course, my RA’s job didn’t lead to the contacts needed to get the much higher paid positions in investment banking.
I never thought about it in the context of how easily it could accommodate fraud, unintentionally thru haste, or deliberately, until today. Only because there are so many obvious things in life, one cannot think of them all. *g*
Got a few more odds & ends to tackle outside, so I’m off again.
That could be true. They were thinking it would be far into the future and the swaps and deals that died would have all been paid for three times by the tax payer.
Only the tax payers are not paying up taxes due to unemployment. The Govt. can’t Credit and Debit at the same time with the same amount anymore. This house of horrors is falling down. People are going to get angry if their savings get swiped again. The first time they were upset and afraid, this time it will be uncontrollable anger. TBTF better not lose individuals money again.
I still gotta ask about those people who held bonds with the duplicates. They did not get paid but thought that was ok? Shit, how many months do you have to miss it? How long before I tell you to go screw yourself? Mouth full of shit and do nothing? Can’t do that I guess but holy shit????
I went to school and worked with greedy little assholes like this. All their mind was on was GETTING THEIRS as fast as possible.
Financial innovation? Hardly. Just greedy little assholes who discovered that papers didn’t need to be signed and transferred, investments didn’t need to be rated accurately, loans could be sold over and over, and they could place bets on all of it — with OTHER PEOPLES’ MONEY.
Savvy businessmen, Barry? Hardly. Fucking crooks.
I’m thinking that all of us home owners/buyers need to go to our local courthouse and research our property deeds. See who is listed as the last mortgagee and if there are any leins on the property by TBTF.
My WAG would be there was so much money flowing from pocket A into pockets B, C, and D and back and across all the pockets that no one could keep track of it so no one could see that the appropriate packets of money were not flowing into the appropriate pocket.
No audit trail at any stage of things means no one really knew what was supposed to be where
The Producers
The reason you didn’t is because nobody can make this shit up.
At least Zero Mostel and Gene Wilder were funny.
Anyone up for watching a chorus line of banksters dressed in prison duds singing “Prisoners of Love”?
Seriously, these people should be behind bars. forget the indictment, trial, etc. They have perpetuated an enormous fraud on the country.
Obama can consider amnesty because (take your pick):
(a) his campaign received substantial financial backing from the banksters
(b) he honestly believes in the system and thinks that he can continue to tinker with it to make it work better
(c) he’s delusional
Nice to see Sarbanes Oxley prevented this./s
In response to Atrios: we are not talking about one house in this article. We are talking about $500 million in a mortgage pool managed by Ocala, whose president has been convicted of fruad. Whether this applies to the market in general does remain to be seen.
It is probably inaccurate to say that BofA admits selling mortgages multiple times to the same person, they ended up in this deal through an acquisition that they probably regret.
http://www.tampabay.com/news/business/banking/from-ocala-a-massive-banking-fraud-alleged-to-bilk-taxpayers/1102861
This is what got Max Bialystock in trouble in ‘The Producers’. Well, kids, let’s put on a show! Yet I expect the show the big mortgage servicing banks are putting on is not having the appeal of ‘Springtime for Hitler’.
From the Department of Snark: Dreams Don’t Retire
Eric Holder says the justice department is getting involved (not in this case in particlar; the feds don’t generally announce until they file.)
My question would be, who got the mortgage payments as they came in?
It’s beyond me how a group as sophisticated in these matters, even including title companies among the owners, could possibly have created a system wherein they thought they were creating a sort of trustee with powers of conveyance and assignment when they appear to have, in fact, created nothing more than a straw man.
I still think that the fact that they’re saying MERS was created to avoid recording fees (a fact that we should also have many objections to due to the tax basis they were trying to avoid) was just a cover story. I believe they really created MERS to hide the identity or identities of their investors, both to cover up for this type of fraud, but also so that other entities could not poach their investor base for free.
Many banks and investment firms think of their investor base as one of their assets that they can sell whenever they want. I once worked for a company that converted apartments to condos, refurbished the properties and sold them to buyers. They hired me to research and help to enhance their existing investor base by going through public record. I generated over 5K names of mostly private investors all over the country in about a year and a half.
The way this worked was, the developers would sell their refurbished condos to buyers, lend the buyers the money to buy through their mortgage company that they started, and then sell the loans to the investors. Lucrative much? That’s without going into how they did their interim financing in order to do the refurbishing, which also involved their investors, master leases, perhaps blanket mortgages, IIRC.
If cupcake purchaser #2 had gone to record their cupcake purchase at the town hall, they would have seen that the sole cupcake had already been purchased and recorded by the first cupcake purchaser and the same would have occured for cupcake purchaser #3.
Recordation in a public accessible record is the only thing that would have prevented the one cupcake sold 3 times scenario and that is exactly the same thing that would have prevented any bank from selling the same mortgage multiples of times.
In the Naked Capitalism post you linked to, the author Nye Lavalle states that as far back as 1999 he/she? had already identified some of the major characterisitcs defining predatory mortgage securitization and makes prominent this characteristic:
I am starting to see that without MERS a lot of this simply could not have taken place which gives substance to the class action RICO suits being filed saying that MERS was designed from its inception as a fraud facilitator. (That is purely my opinion).
It’s hard to understand why our government came to the banks’ rescue. And it gets harder and harder every day.
http://www.nakedcapitalism.com/2010/10/guest-post-mortgages-were-pledged-to-multiple-buyers-at-the-same-time.html
Scroll to first video – it appears a few people/courts were aware mortgages had been sold multiple times back in February 2009.
You are so correct! Any land or property deed change or loan for has to be recorded. MERS most definitely is against all real estate laws and county laws. It was in fact developed to hide ownership.
Scuze me! I should have given the correct terminology. A recording for any change has to be made so that one may be able to follow, “chain of title”.
You can call it fraud, you can call it greed, but you can’t call it being about money anymore, can you? What money are you talking about? What money are they talking about? When it used to be money and about money it was already pretty scary bc money is, you know, abstract labor, abstract goods. There hasn’t been enough money around for decades. At some higher level of abstraction abstract money got called points. Now it’s zeros and ones at 186K miles/sec. Even without any fraud, without any greed, if all bankers everywhere had been nothing but wholly altruistic and overflowing with love in their hearts, this financial-cum-monetary system would burn and crash. So we’re probably very fortunate that there’s someone or other to blame and there’s sufficient evidence of wrongdoing to make it stick. “With all respect, Your Honor, my client was committed to saving trees, saving the rain forests…”.
Thee appears to be a complete lack of accounting and reconciliation.
The institutionalization of Bernie Madoff’s scheme on steroids.
I think most folk here are really not focused on the goal. This isn’t about funny trucks, it is about the American Working and Middle Class to authentically make choices about their lives, and do so in a stable economy that supports such choices.
Millions of people need this stability, and the fraud was about the destruction of choices. It was about disempowering the middle and working class, selling them a bill of goods, Making them a dependency.
As the economic system that supported all this emerged from the Depression and the War Years, that base for choices was the core of a stable system for about fifty to seventy years, and only began to be destroyed in the 1980′s. Let’s think bigger than cupcakes.
Actually, I think you’re right about all of them getting off scot free.
What is totally absurd is thinking they could unload all of it on us. There’s no way we can pay off 600 trillion dollars. It’s impossible.
They’re going to have to fagedaboudit and bankrupt the country.
The upside is they actually might be forced stop bombing the shit out of defenseless women and children. But that will only be after a few million Americans die off from starvation and hypothermia.
Old Italian proverb:
“You can steal more with a briefcase than you can with a gun.”
IMVHO, that is ANOTHER reason for the dismantling of unions,starting with Ronnie Raygun in the ’80′s.
Diminution of choices,supress the power of collective voices.
Excellent thesis and well expressed, but by the 1980′s the destruction had already been completed rather than begun. In the early 1970′s the US dollar was devalued, and by the mid-1970′s many products cost nearly twice what they had cost only a few years before. Real estate doubled in ‘value’ during the 1970′s (and doubled again, and again, incrementally). New car prices also nearly doubled during the 1970′s; but the end of the 1980′s new cars were being sold (or leased) like short-term mortgages – seven-year loans were needed to ‘buy’ a $40K automobile. By the 1990′s the only way to continue and maintain the semblance of a functioning economy and society was to extend credit in unprecedented and previously inconceivable ways.
In the meantime, cupcake trucks sprung up everywhere in the 1970′s. One of those cupcake trucks was called the ‘health spa’, another was called the ‘gym’. They were ‘clubs’, and they sold memberships. They sold ‘lifetime’ memberships the way ‘banks’ take mortgages and then sell them again. The health club had space for maybe 100 members at a time, but they sold as many as they could. If every member showed up to work out or swim, 99.99% of them wouldn’t be able to get in the door.
The clubs sold you your lifetime membership for, say, $500, on an installment plan that let you pay $20 a month, and of course you’d pay close to $700 after you paid the interest. At the end of each day, the club’s ‘manager’ met with several ‘bankers’ and sold them the paper the new members had promised to pay on.
The club oversold its ‘product’, and it could afford to sell its membership notes cheap to a factor, whose overhead was next to nothing. The new owner of the note could collect from the member or sell the note to another factor. And so on. What the 1980′s brought to the bargain was the desktop PC.
On the inclusion of individual mortgages in multiple pools.
Where was the payment cash flowing? Who decided which MBS trustee got the money. Didn’t the other ones question it? After all from the very first month there would have been deficiencies. While the buyers of this stool are legally in the right since the vast majority of the buyers were fiduciaries it was massive failure on their part.
Ah, the beauty of efficient allocation of capital.
I remember the initial reports back in 2008 about the estimated amount of toxic assets from the CDS’s was hundreds of trillions of dollars. That that turned into we have no way of knowing how much. Then, all the talk about toxic assets got buried like everything else our government wants to hide.
If you think about it, they had to be selling the same loans to rack up that kind of figure, assuming those initial figures are real.
Hell with that.
TBTF must fail.
The biggest obstacle is Obama. The WH is entirely subservient to Wall St., and stockholders. So, they’re gonna turn to us again as their ATM to collect on all their losses.
Hell with that.
Hey, Obama, Tim, and Ben;
the country’s in a depression. Everyone needs to share
the pain cause by you and your friends in organized crime.
Start Reconstruction, now.
Absolutely and you can do that from the comfort of your “free and clear” home. Just go to the County website and search the public records, it SHOULD be all there but it isn’t. MERS couldn’t be bothered with paying recording fees which is income for the counties. MERS was into cost savings. Now all the principals of MERS ie: bankers and title companies, investors, are eating their own.
Methinks when the investigators start investigating they will find out that all these parties involved are the same people. MERS was implemented to make a few people rich on the backs of we the people. There doesn’t have to even be an investigation, they are bringing themselves down. How does one sue themself. I suppose that will be up the lawyers, but they were part of the scam too and most likely owned a piece of the bank, title company and invested in a MBS as well.
I think everyone needs to go to their town board and urge them to file suit aginst the banks for the boom years of lost recording fees.
No wonder property taxes keep climbing by leaps and bounds. I’m wondering how many other scams are being played out by greedy bastards sticking us with the tab?
Here’s the other thing about private property and title. In lieu of the fact that private property is a distant memory, why should homeowners keep paying property taxes on property that might not even be theirs?
These guys were told when they got the keys to the Masters of the Universe washroom that it came complete with “get out of jail free” card and they haven’t even had to use those yet.
It’s a joke.
So what. Holder is a clown. The biggest cherry picker ever.
Makes Ashcroft looks like a Constitutional savant in comparison.
They’ll all rant about evil bankers and promise to come down hard on all the wrongdoing, and they won’t find any wrongdoing.
It’ll all get wordsmithed away.
Not really off-topic: As most of probably know but seldom think about, cities, towns, and villages in the U.S. are basically corporations created by their states. Among their assets are the rights to tax real property and to levy various other fees in order to fulfill some public purpose. With that in mind, consider the following, courtesy of Atrios:
And to top all of that off, estimates of how much more revenue the city could have got than the Daley administration —hell, than Daley settled for keep rising …
Privatizing municipal assets is a way to destroy cities and towns of which, be it noted, none of us is a citizen.
Okay, devil’s advocate:
“Pledged” is not necessarily the same as “sold”. The homeowner owns the house, the bank holds the mortgage, and the bank can sell the income stream and the mortgage to several other parties if the parties know what order of claim they have on the property and the mortgage. That’s what happens when a house owner takes out a second mortgage. The house is pledged as collateral twice, in this case by the homeowner-borrower, and the two mortgage holders (the lenders) know which of them gets first crack at the money if the borrower defaults. This is what the “tranches” are for.
Excellent point about property taxes. Most loans have property taxes included in the payment and the servicers pays them. How do we know if they are being paid. There is a fee charged on a loan for “Tax Service”. This fee is paid to a provider to check that the taxes are being paid. I actually think this is what is known as a ‘junk’ fee in the business as I purchased a piece of property and was informed three years later by the County that my taxes were delinquent. Since we don’t know if the servicer is actually recording our payments to our loans, how do we know the taxes are being paid. This is a fee that has been charged as long as I was in the business, it was just there and of course we told everyone they they had to pay it. It was $15 for years, now looking at a set of closing papers I see it is $70.00. Perhaps another law suit could be in order if we find out the taxes aren’t being paid.
If we criminalize these negligent behaviors, we make criminals of the stewards who have been steering this rock of the universe. Tomorrow, or Thursday, or next week, the commercial real estate properties may default and the snowball squares and cubes. If the TBTFs F, who will keep the malls from crumbling, the apartment complexes, the factories, and farms from turning into ghosts?
What happened? Malls happened, and every economic and social sector supported them. Malls comprised global-national corporate retail outlets. No two malls anywhere were different in the outlets they provided. You swipe your credit card anywhere at the mall, and before sunrise your ‘money’ has been ‘invested’ somewhere at London, Hong Kong, Tokyo, or Wall Street. How many malls are there, open 7 days? How much of your ‘money’ stays in your community? A few bucks come back to pay for ‘managers’ of those outlets, and a few sales associates. A few bucks pay for security people and housekeepers. Your credit card bank gets a few bucks from the outlet for every $100 you charge.
It’s a voracious beast, and all of it is outsourced in the manner of a balance transfer.
Also, regarding property taxes, everyone should apply to their county to have their taxes reduced to reflect the new value of their property.
And don’t forget the voracious Beast of Bentonville- WalMart.
It has been China’s BFFE for about 35 or so years now…sucking the life blood out of local business and neighborhoods near you….aided and abetted by local,state and federal governments’ tax abatements-and- the shoppers who need their WalMart fix 24/7.
Actually, I date the mid-point of all this to the Patco Strike and the period just after that. It was a very odd strike, full of fears for safety, but actually about using fear to accomplish the end, namely drive out the independence of the Air Traffic Controllers, in making hands on safety decisions. Of course the controllers lost about a third of their income in the process.
People also need to understand that the protection of their assets and eqities in real property is a function of County Government, and this is Common Law, and has been true at least since the times of King John. Who owns precisely what must be on the Country Rolls.
Just as the burried miners needed a theme song for their example, So do we, and I would suggest someone go through the John Phillips Soussa Music, and look for some of the Governmental Functions Marches he wrote, and let’s get them back on Patriot duty. I am sure there is one to the County Recorder of Deeds. And please no art songs, or radical folk. This is the time for music to march too. Brass Bands with people marching and feeling the determination in their bones…that is what we need. The American Plural Middle and working classes need to have a restoration, and it is high time that is made clear.
Sounds like Three Card Monte with taxpayers and pensioners as the marks.
@perris. Ug, now I have that Springtime for Hitler song running thru my head…. “Don’t be stupid, be a smarty, come and join the Wallstreet party.”
Bank of America did in fact sue itself. Google it, it is funny in a sad way.
Thanks DDay.
Wasn’t it Wells Fargo that sued itself?
Here in CA everytime property changes hands it gets reassessed at the new purchase price. Wonder how much our cash-strapped government has lost because changes of ownership and new valuations haven’t been entered?
BOA has a 34% stake in Blackrock X~o
Too bad Zero isn’t around anymore. They could do a remake called “The Banksters.”
Agree with you and AitchD, we’d all do well to focus and stop chasing every bit of MSM generated diversions.
John Phillips Sousa, – brilliant. I presume we’ll know what we’re marching against, but, what the hell are we going to be marching for? An overthrow of the current system in order to replace it with something better, or, are we going to be marching to preserve, say, Social Security? – I’m afraid it will be the later, – the preservation of the status quo.
Where are the leaders, organizers, public intellectuals, who would transform marches into a movement for something?
I went to the Zero Hedge link in the diary and started reading the comments. Holy shit:
God I hope somebody sees that.
Timmy Geithner in the front row (2:35 and 3:10)?
You don’t know how true you are. Here in Colorado, back before 2002, everyone needed a “wet ink” promissory note and deed of trust in order to foreclose. That year our legislature – in its infinite wisdom – passed a law allowing a small group of institutions – banks, etc. – to foreclose without the original documents and without posting a bond of one and one-half times the original note. The bill was passed unanimously in both the state house and senate. It was sponsored by a Democrat who went on to become a U.S. Congressman. Can you now possibly understand why some of us say a pox on both your houses?
In an ironic twist of events, last night Bank of America’s Chris Flanagan, head of MBS strategy penned an article titled: “Foreclosure Issues Pose Risks, Should Be Resolved With Time” in which the Bank of American proudly reports the following piece of supreme denial: “While that resolution should involve time, effort, and cost, we do not believe it will result in a major long–term disruption to the housing or mortgage markets…Additionally, the allocation of additional costs due to advancing and legal fees will have to worked out. We do believe that the tenets of securitization, MERS, extensive legal foundation that has been established over the last 30 years, and REMIC eligibility will stand.” Well isn’t it ironic, as Alanis would say… To think all this occurred when Bank of America was still just above it 15 month lows. After today’s festivities, not so much. As for the tenets of, well, all those things that are supposed to stand, we are sure that is the case: after all would Moynihan wouldn’t risk perjury if he was concerned that a multi-decade culture of perjury, fraud and lies could ever be overturned. The alternative of course would be jail time. And recall what happened to his securities-fraud committing predecessor. Regardless, here is the full MBS defense as presented by the bank with the most to lose when things finally get out of hand. Oddly enough, even this most KoolAided of defenses admits that “the end result will likely be a further extension of foreclosure timelines.” Which makes one wonder: just what gives the bank the confidence that it will be able to lift the moratorium within a week? And just what will happen to the firm if it is unable to sweep all these tens of billions in future losses under the rug.