Elizabeth Warren has been busy setting up the new Consumer Financial Protection Bureau. Though there are indications that she was the prime mover in stopping a bill that would have legalized out-of-state and electronic notarizations and made it harder for foreclosure defense attorneys to challenge paperwork, and though Warren has made it clear that she favors the 50 state Attorneys General investigation as the best way to get to the bottom of the crisis, she has been somewhat reticent about foreclosure fraud. No longer.
In an op-ed that was in last week’s print edition of the Miami Herald and only got posted on their website in the past couple days, Warren writes about the crisis in a newspaper at the very heart of it. Essentially, her point is that the fraud proves the need for a consumer agency.
No one has missed the headlines: Haphazard and possibly illegal practices at mortgage-servicing companies have called into question home foreclosures across the nation.
The latest disclosures are deeply troubling, but they should not come as a big surprise. For years, both individual homeowners and consumer advocates sounded alarms that foreclosure processes were riddled with problems [...]
The practices now under investigation took root and grew because there was no single federal regulator with both the responsibility and the tools to look out for consumers.
Had it existed, the new consumer agency could have stopped these problems before they multiplied. Many of the failures already admitted were not sophisticated scams that had been carefully concealed. By enforcing existing laws and involving state authorities early on, the agency could have made sure that the law was respected. No one would need to wonder whether the world of borrowing and lending works only one way: Families have to follow the legal rules, but the rules are optional for big banks.
Once it is fully operational, the new consumer agency will have supervisory authority over all large mortgage servicers. It will be able to examine them on a regular basis to make sure they follow the rules. If those servicers decide it is cheaper or faster to circumvent federal law, the consumer agency will have the tools to hold them accountable.
This is the important point – the loan servicer standards that everyone’s looking for will have their authority located in CFPB.
Warren reveals in this op-ed that she personally sat in on a “rocket docket” foreclosure court in Fort Lauderdale recently, bearing witness to the pain of families. She undoubtedly saw a fast-moving, confusing process designed to kick people out of their homes. The systems in the servicing industry are broken, and not just in Florida, but everywhere. If borrowers who never missed or were even late on a payment can be targeted for foreclosure, then the automated processes are simply flawed beyond repair. Banks are criminally stealing homes from homeowners with perfect records. They are maximizing their revenue-making potential on the backs of their own customers, who they can make more money off of in foreclosure than in modification.
This is a job for Elizabeth Warren. The day when the CFPB swings into operation cannot come fast enough.



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Not gonna happen. Repubs will not allow any $$ in the budget for this new agency.
No NYT? No WaPo? No WSJ? No syndication? Just (what amounts to) a local paper? While the piece having been published in Florida undoubtedly has something to do with the fact that Warren has been observing the Rocket Docket procedures in that state, it is also true that this criminal activity is occurring all over the country. Hence, some national news operations should, ya know, be reporting on it. (If they are, or already have been, reporting on it, then good on them. If not, then get to work, you weenies.
CFPB—opening soon—wait for it, wait for it—not gonna happen. President Shameful will win the 2012 election with ease. The $1 billion dollars spent by the oligarchy in 2010 to get him elected has paid off handsomely for them so far. They ain’t about to change horses in mid-stream. The question is what the Left intends to do during the next 6 years of President Shameful’s presidency? Aside from wishing and hoping and gnashing their collective teeth. Peace
Obama is a fraud. The CFPB is a fraud. And Warren is powerless and irrelevant.
She does make it pretty obvious why the bankster boys, Geitner and Øbama, did everything they could to get her to vanish into thin air. As marcel says the repubs will do all they can to defund or not fund the CFPB and they will have plenty of help coming from the WH.
It just hit me that states & counties & homeowners do not need to cower in fear of mortgage servicers’ robots.
Fractal’s New Law: Any human who implements automated processes shall be arrested.
There. That should do it. Any process server carrying paper generated by the criminal “automated processes” can be arrested on the spot. Anyone caught nailing “automated” eviction notices to doors shall be arrested. No Sheriff may allow his or her deputies to serve paper produced by “automated processes,” and may not carry out evictions based on “automated processes.”
The Miami Herald has a decent (though falling) circ and it’s part of the McClatchy family, so it’s possible that the op-ed was reproduced elsewhere. But yes, it’s specific to Florida. Though certainly other news orgs should be looking for her perspective as well.
Fractal, that’s very funny. My question is who died and appointed you the “Lawgiver?” And how can we all enter into your fantasy world? Peace
Not going to happen. Øbama has done the corporate bidding for four years and will be sent out to pasture with a fine bonus. The corporatists will find another tool, of whom there are plenty willing, to be used for their gain.
econobuzz, you are 100% correct. Peace
don’t forget Jane signed that letter to Geithner, Bair, Bernanke, Schapiro et al., along with 50+ others, demanding national standards for mortgage loan servicers. Jane apparently doesn’t think it’s hopeless to demand enforcement from the responsible federal agencies.
The betting window is now open. I’ll take any wager that he’s reelcted easily in 2012. Peace
Millions of people went into the streets “demanding” that the war in Iraq not be fought. And it was. There are such things as meaningless gestures. Peace
It’s not hopeless to demand it. It is responsible to demand it. Speaking for me only, I just don’t expect it to happen.
It’s refreshing to run across another realist. There are far too few of us. Peace
You callin’ Jane meaningless?
Whether agencies are “responsible” depends on the president, no?
what do you think the 50+ signers of the letter expect to happen? do they expect Elizabeth Warren will be a non-entity and that they are just pissing into the wind?
no. fundamental misimpression of the power of autonomous federal agencies, esp. SEC, FDIC & FED. They do not serve at the pleasure of the preznit, they have statutory terms.
Obama has ZERO chance of re-election. The Baggers and Repubs are much more motivated.
Do you remember the enthusiasm gap from the 2010 election?
Expect that to remain the same, if not increase.
Who is motivated to vote Dem? NO ONE!
Geithner of course is a useless tool. He’s the only one of the six who got the letter who does serve at Obama’s pleasure.
I’m sure they are all well intentioned. Maybe even hopeful that it will do some good. Hell, I would have signed the letter too — if given the opportunity. But my expectations would have been pretty low.
It’s sort of like when I asked the prettiest girl in high school to go to the prom. I figured, why not? But had you asked me right before I did so whether I expected to spend prom night with her or at home jerking off, I would have confessed I expected the latter. Which happened by the way.
You’re still functioning under the delusion that it makes any difference whatsoever who votes for whom in the voting booth. The oligarchy wins every time. Obama is their boy. Peace
The gesture, sir or madam, not the person. Peace
Did you like how all your so-called “independent” regulatory agencies performed under Shrub? (I can’t believe I’m having this discussion on FDL.)
Maybe some of the other McClatchy units picked it up…
Poor old Fractal is a true believer. He/she still believes that the system isn’t rigged in favor of the oligarchy. Peace
have you been paying attention to what Sheila Bair has been doing since she was appointed by Shrub? or, obversely, does the fact that Bernanke was appointed by Shrub then reappointed by Obama support your thesis?
I just wasted ten minutes hunting the McClatchy site and found nothing about her piece on mortgage servicer fraud. Searching by her name, the latest item was a commentary from mid-November praising creation of the CFPB.
I wish Elizabethe Warren luck as both of her bosses are wholly owned subsidiaries of Goldman Sachs.
Jeff Kaye has a fresh cross-post ready: Dr. Welner Defends His Testimony in Khadr Trial, Spreads Administration Propaganda on Detainee “Recidivism”
Ah, please do not feed folks.
Bear witness to the effort to create a power-powerless dynamic that promotes helplessness and hopelessness.
Stand by a “take it to the streets” motivation folks. It’s the power. And they know it.
I think Warren is being naive.
There is a reason she was not appointed head of CFPB, that was so it can go to someone more bank friendly.
Just look at the list of names floated.
The whole agency is meant to be toothless Kabuki Theater.
I would note with some amusement the word “appoint” and the fact that you seem to attach little significance to it.
More to your points. I think if Shrub had it to over again he would have appointed someone other than Sheila. Sometimes appointees disappoint; more often, they tow the line. As for Ben, I think Shrub and Obama had pretty much the same intentions and inclinations, no?
I mean, we didn’t get Krugman, right? /s
That’s one interpretation. But not the only interpretation. Peace
I do believe Elizabeth Warren will be allowed to run this program in the manner for which it is designed – Ms. Warren is a real lawyer, a real teacher and an American citizen who understands how we have been ripped off by the Banksters and Wall Street Thieves.
For all the yakking the Rethuggery Obstructionist Party of Teabagging Fewls has done regarding their fiscal conservativism – they WILL NOT live up to any of it – the tax bonuses for the rich show EXACTLY what they are going to do – which is continue to LIE, CHEAT, STEAL and WRECK the economy.
They will be have proven their irresponsible by March 1, 2011, and the fewls who voted for them will begin to see they were LIED TO once again.
Hey Boner, WE EXPECT TWO MILLIONS JOBS by June 1st. Better get back to work – you took off EARLY anyway.
Now new and improved.
Electronic voting machines with proprietary software and no paper trail.
We just have to trust them (and who ever programed them) to tell us who won.
Really there’s no trust involved. They decide. Then we vote. Then they tell us what they decided. Peace
Krugman is too smart to be used as a tool or punching bag by these assholes.
It always warms my cockles to see that I amuse you. You seem to be spinning in circles to avoid the fact that Yves Smith from Naked Capitalism (using her real name), Jamie Galbraith, Nouriel Roubini, Dean Baker, Chris Whalen and many, many other analysts whose integrity we respect signed that letter along with Jane. And DDay implicitly described that letter as
when he linked to Naked Capitalism’s petition addressed to four of those agency heads. I think your quibble is with Jane, and with many Lake dwellers fighting the criminal banks with the weapons we have, not with my expectations for success.
nice. except Boner probably gets a pass until a little bit after March 4, 2011, since that is when the current federal budget expires. The vote on raising the federal debt ceiling could happen in March, too. Like I’ve been saying, it’s time to stock up on the popcorn.
what you said. thank you.
Okay, last comment. Signing the letter was responsible and honorable — regardless what one’s expectations were of likely success. I agree with the letter and the folks who sent it. They are all fucking heroes.
I just don’t expect that it will make much difference. That doesn’t diminish in any way their effort. (And if you believe that Yves thinks that a letter will change much the way this crowd operates, well you just haven’t read enough NC.)
BTW, I think you and I agree on the substance. Me thinks maybe you didn’t get the Xmas present you really wanted?
I know I didn’t :-)
So the mighty CFPB is going to save us from their bosses, either official or actual? I’m still extremely skeptical of this latest effort to manage
the symptoms of a fundamentally effed up system.
DOJ has the “tools’ to investigate and prosecute banksters and corruption (not to mention torture, wars of aggression, etc.). Fat lot of good it’s doing us while the perps are in charge. How will the CFPB deal with on-going covert economic hit jobs (as described by John Perkins)? Not at all. What will happen if the fraud is the actual policy? Not a damn thing.
We’re still gazelles negotiating with the very crocodiles who are eating us alive.
You’re probably overthinking this issue as did klynn. Peace
Good to see ya truthin, hereabouts, knowbuddhau.
Doesn’t matter what outrages the masters engineer, what matters is what the people consider to be a future worth having.
Thanks, kb,for putting up roadsigns for those prepared to read … and consider.
DW
That is the killer question. We know that the MOTU currently own Congress & the WH, and maybe the activated base of the professional left and the Teabaggers know it, but do low-information homeowners struggling to keep a roof over their heads realize that foreclosure fraud is the deliberate policy? Something tells me, no. Will the CFPB directly confront Fannie & Freddie for their criminal conspiracies to steal collateral for which they have no liens? Will CFPB directly confront the TARP banks for using servicers as their cat’s paw to protect their worthless second liens? If and when that happens, if CFPB proves to be capable, homeowners might suddenly gain new information. Then they might wake up their county & state officials and demand protection.
You are just not paying attention. Yves is the one who started stopservicerscams(dot)com. She started the petition drive at that site. She is part of the gang of 50+ who signed the letter. She is one of your “fucking heroes,” and she does think that the combined effects of petition + experts’ letter + relentless blogger attention + Elizabeth Warren + lawsuits + SEC scrutiny + FDIC power will indeed force that “crowd” of criminal banks to change at least some of their operations.
(I have to say I am puzzled why anybody bothers to send anything to Walsh since the OCC is just purely the enemy in my book.)
I will NOT vote for him.
speaking of Yves, she just got back from vacation and will start posting fresh threads tomorrow. But hat tip to her for linking to this stunning article by Bill Black.
For all those doubters who doubt the dubious dedication of the responsible federal agencies and discount the power of the CFPB, Bill Black is singing your song.
Bill Black is completely disgusted with DOJ’s policy to decriminalize financial fraud by elite bankers, so it is no wonder he is not one of the gang of 50+.
Seconded. Soothsayers don’t know what the fuck they’re talking about.
Obama is history!
Obama was always a one term show!
any political strategist knows few black candidates win statewide re-elections, no black candidates wins re-election win he or she pisses off their liberal base.
Obama was always a Clarence Thomas Clone, Obama knew that a black conservatives never would win the White House, so he done a Reagan, “ACTED” like he was a Democrat. (Reagan acted like he was a President, History will say Reagan started the decline of the USA)
The MSM final act with OBAMA is to make sure no real Democrats primary this clown! (the games have already begun, listen closely, Obama always beats Palin, does Obama beat Romney? NO!!!)
the target of the intelligent left should be the 23 democrat senators up for re-election in 2012! Why? it is very simple, these Senators want to win re-election, (the intelligent left must get ahead of the KABUKI game, Obama is old news, attack the 23 Dems up for re-election in 2012! and you may force them to dump OBAMA)
The left must tie OBAMA around the necks of all these Senators up for re-election! Obama is already TOXIC, make him NUCLEAR WASTE and the Dem Senators will force a primary of OBAMA!
Listed below is the OBAMA necklace that all Dems Senator must wear in 2012
1st Obama endorses the Bush agenda of spying on and killing americans
2nd Obama attacks Unions (the F! the UAW moment screams republican)
3rd Obama double downs on Bush Wars, (now they are Obama wars)
4th Obama attacks Teacher Unions (teacher unions now hate OBAMA)
5th Obama does not attack the Banks? he bails them out? (sorta like what the GOP does)
6th Obama passes the Bob Dole Health Care Bill (Bob Dole is a republican)
7th Obama kills the Public Option
8Th Obama kills Drug Importation
9Th Obama APPOINTS an insurance executive to manage his health care Bill
10th Obama does not APPOINT Dawn Johnsen
11th Obama hand picks the cat food commission to destroy Social Security
12th Obama supports Blanche Lincoln, a candidate who hates Unions, and has no chance of winning
13 Guantanomo still open for business
14.Patriot Act renewed
15. renditions continue
16. Bernanke reappointed
17. Americans targeted for assassination
18 Obama is all for sending more USA jobs off shore
19 Obama is for tax cuts for the RICH!
20. Obama and the TSA porno Scandal
21 Obama freezes federal wages for 2 years
22. OBAMA TARP Funds for Legal Services for Foreclosure Victims Blocked By Treasury
23. Obama lowers estate tax for the rich
24. Obama tax bill of 2010 GUTS Social Security
25. Obama wants WikiLeaks Assange charged with espionage.
26 Obama Fake Net Neutrality Caves to AT&T,Comcast
Coming in 2012
Gas prices above $4.00 close to $5.00 a gallon (this will end OBAMA)
Mass un-employment!
99ers living on main street (Homeless at an all time high)
social security cuts
the MSM will scream how Obama is un-beatable, if you believe that garbage, go visit Santa Clause in the North Pole and telling him hello from all of us! :)
see mine @50, you should check out what Bill Black is writing, you would like him.
Feactal,
Agreed. I expect Boner to “lose it” when the TEABAGGERS start in with the Debt Ceiling garbage. Boner is not stable enough to be Speaker – yes, he is emotional, but not for the reasons that are promoted – it is NOT because he is truly worried about America or the future of America’s children – It is due to his alcohol problem. BIG TIME~
Warren’s only real power is advocacy in the national press, which would prefer to ignore her.
Imagine if we had a forceful advocate in the Oval Office.
Elizabeth Warren is lots of things but I don’t think ‘naive’ is among them. I predict that Warren will do absolutely every ounce of good she can do for as long as she can do it. If she is too effective, she will be fired. (She knows that but she will do what she can, anyway.)
Having been closely associated with alcoholics for many years, that has been my impression as well. Cirrhosis will be kicking in shortly as well.
First to jedimsnbcko19: I really do think you underestimate the degree to which people can be mesmerized, en masse, into voting for someone with a great smile and who they intensely liked at one point. Sure, it is obvious to us that O is a fraud and a corporate stooge because we are policy and results driven, but most Dems I run into just shrug their shoulders and gimme the ol’ ” He’s doing the best he can, Oh he’s up against those R’s etc.” bullcrap. Remember, a recent CNN newspoll reported that O gets an approval rating from liberals of 78% !
Yes, I know that polls are manipulated but the results mirror what I have observed from family and friends.
If the economy is “perceived” to be lowering unemployment, and the R’s nominate a lunatic my money would go on O, though I would never vote for him. ( Didn’t even in ’08.) A year is a lifetime in politics and we have 2 of them ahead of us till the next election. In fact even if the economy worsens and the R’s nominate someone who appears reasonable, there is no reason why the “shock doctrine” wouldn’t be employed to ensure re-election. Another terrorist attack or saber rattling against a nuclear armed Iran or N Korea.
I think it is WAY too premature to call O down for the count, although I wish it were so.
From Arcadesproject:
This is exactly how I see her movements. She is a lone and largely powerless voice at this point but she has one lever and we all know what Archimedes said about levers. She is the punch in Obama’s turdbowl. He didn’
t want her but for some reason he has had to swallow her in this capacity. He wants to restrain, she wants to maximize. I think she is trying to maximize her imprint in key states and constituencies and agencies. She may be collecting allies, perhaps there are moles ready to feed her info from within. I may be ascribing qualities to her that do not exist, but I am praying for 2 things: that she is an honest patriot, and that she is crafty. And I don’t pray very often.