The usual political wrangling has accompanied the Treasury Department’s white paper on Fannie Mae and Freddie Mac. But this is yet another issue happening in a vacuum, divorced from actual circumstances. If you want to talk about reform of the secondary mortgage market, fine. But it’s almost impossible to do so without recognizing the total breakdown in that market and what that has done to housing as a whole.
I submit a few things for the record. First, you have foreclosure mills filing fraudulent documents to cover for the fact that they lost or otherwise bungled mortgage assignments for millions of loans when they securitized them over the past decade. These are the same private actors who would be responsible for the entire securitization market under a plan that phases out Fannie and Freddie.
Although this “original” Note and Mortgage is an “original,” it has nothing to do with the subject property of this action. This note and mortgage belongs to borrower named Elena Gonzalez, with a property address of 4217 24th Street SW, Lehigh Acres, Florida 33971. However, this document was not only filed but the Notice of Filing was signed by a representative of Ben-Ezra and Katz, Plaintiff’s Counsel, wherein it was certified that it was the Original Note and Mortgage of this subject action.
Additionally, the Assignment of Mortgage is a complete sham. Upon closer inspection by this Court, pursuant to Defendant’s Motion, the Court notes that this Assignment attempts to transfer an interest in a Mortgage from Argent Mortgage Company, LLC to the Plaintiff that “was effective on September 1, 2009.”
However, said assignment is “signed” by an alleged representative of Argent Mortgage Company on January 6, 2008. The notary on the Assignment is crossed out, and states “see attached.” The attached page is a “CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT” allegedly notarized on January 20, 2009; more than a year after the alleged assignment took place.
The broken securitization market is the original driver in this persistent fraud from foreclosure mills and servicers. And the mechanism used by the private market to facilitate their securitizations, namely MERS, was not legal in any way. Yet they continued to use it in violation of state property law:
The Court recognizes that an adverse ruling regarding MERS’s authority to assign mortgages or act on behalf of its member/lenders could have a significant impact on MERS and upon the lenders which do business with MERS throughout the United States. However, the Court must resolve the instant matter by applying the laws as they exist today. It is up to the legislative branch, if it chooses, to amend the current statutes to confer upon MERS the requisite authority to assign mortgages under its current business practices. MERS and its partners made the decision to create and operate under a business model that was designed in large part to avoid the requirements of the traditional mortgage recording process. This Court does not accept the argument that because MERS may be involved with 50% of all residential mortgages in the country, that is reason enough for this Court to turn a blind eye to the fact that this process does not comply with the law [...]
By MERS’s own account, it took no part in the assignment of the Note in this case, but merely provided a database which allowed its members to electronically self-report transfers of the Note. MERS does not confirm that the Note was properly transferred or in fact whether anyone including agents of MERS had or have physical possession of the Note. What remains undisputed is that MERS did not have any rights with respect to the Note and other than as described above, MERS played no role in the transfer of the Note.
MERS is listed as the mortgagee in millions of foreclosure cases, and yet cannot prove accurate transfer of the mortgage and the note into the proper trust, because it’s a database and it never saw or held the note. MERS’ argument, literally, is that you have to bless their process because it governs over half of the mortgages in the country.
Furthermore, you would be turning the securitization business entirely over to a private market that engaged in violations of federal securities law:
The Securities and Exchange Commission charged three top executives of failed mortgage giant IndyMac on Friday with misleading investors as the firm was faltering during the financial crisis.
According to the SEC, former chief executive Michael Perry and former chief financial officers Scott Keys and Blair Abernathy knew that the lender was running short of the cash it needed to offset risky loans in 2007 and 2008 but failed to inform shareholders. The FDIC took control of IndyMac in July 2008, and it filed for bankruptcy months later.
“Federal securities laws do not become optional when the news is negative,” Lorin L. Reisner, deputy director of the SEC’s division of enforcement, said in a statement.
So the question must become, why are we having this debate now? Set aside for a second that the housing market continues to crash all over the country because people simply don’t have the money to pay for housing, demand therefore suffers, and increased foreclosures add to supply. The government supports are clearly propping up the housing market right now. But set that aside. We’re engaged in a debate over the future of securitization in the midst of a systematic fraud in the private securitization market. One would think the more prudent path forward is to arrest and try those responsible and then have that conversation.




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You expect anything remotely like this from the rightwing Republican Obama administration?
I didn’t think so.
Maybe if they catch ‘em smoking pot.
Or whistleblowing.
I posted this on jane’s thread down a few flights
http://www.youtube.com/user/fiercefreeleancer
a MUST see, it demonstrates how the government programs supposedly designed to help the borrower stay above water actually gives banks mega profit by foreclosing
you must watch this video
I’ll bet one of them had an abortion. Or is gay…
Is Ross Perot still alive? I want to vote for him.
That video is indeed a MUST WATCH!
Do you think we could get our legislators to watch that video if we paid them a lot of money or something?
I did vote for him… 1n 1992. Of course I voted for Barry Goldwater in 1964 so perhaps there are times that I don’t think too clearly. ;)
Pot? Oh really. Coke’s where it’s at.
Whatever were you thinking in 1964? I knew nothing about politics back them, except that nuking NVN seemed like a bad idea.
He’s only 80. If you want to vote for a nutcase, seems like you still have a chance to write in his name. Worth only $3.5 billion, seems like he’s not among the top financial tier to buy the prez anymore.
“Federal securities laws do not become optional when the news is negative,”
Really?
Haven’t we spent the last two years learning that there are simply no applicable laws when the lords of finance are inconvenienced. None.
This Fannie/Freddie business is just a furtherance of “pretend and extend”. Wait long enough, do little enough, and the defaults will eventually dry up. Everyone who matters will be made whole, or near enough, and the annoying little people will be scraped-off in the process. Problem solved, privatization ho! Personal responsibility and moral probity restored in our market-based job-creating utopia.
The only fly in the ointment at this point are a few pesky court cases from investors (who might matter, but are no match for Goldman) and local jurisdictions whose laws and budgets were savaged by MERS. Luckily, we have the Supreme Court we need to ensure all of that comes to nothing. By the time binding decisions are reached, it won’t matter anyhow.
It’s starting to look just like civil liberties. By embracing the policies of their predecessors, Democrats are enshrining and mainstreaming the worst of an ideology recanted by none other than the high priest, Alan Greenspan. Even though the clothes are long-gone, the emperors of America walk tall. Once you own the government and the media, why not?
“Federal securities laws do not become optional when the news is negative,”
Really? How quaint.
Haven’t we spent the last two years learning that there are simply no applicable laws when the lords of finance are inconvenienced. None.
This Fannie/Freddie business is just a furtherance of “pretend and extend”. Wait long enough, do little enough, and the defaults will eventually dry up. Everyone who matters will be made whole, or near enough, and the annoying little people will be scraped-off in the process (home owners, pension funds, etc.). Problem solved, privatization ho! Personal responsibility and moral probity restored in our market-based, job-creating, moral-hazard-free utopia.
The only fly in the ointment at this point are a few pesky court cases from investors (who might matter, but are no match for Goldman) and local jurisdictions whose laws and budgets were savaged by MERS. Luckily, we have the Supreme Court we need to ensure all of that comes to nothing. By the time binding decisions are reached, it won’t matter anyhow.
It’s starting to look just like civil liberties under Obama. By embracing the policies of their predecessors, Democrats are enshrining and mainstreaming the worst of an extreme Randian ideology ultimately recanted by none other than its high priest, Alan Greenspan. Even though their clothes are now long-gone, the proud, naked emperors of America walk tall. Once you own the government and the media, why the hell not?
z
What happened to “I’ve got $4 billion!”? He must’ve lost some money in ’08, too :(
Yes, but at one point Perot owned an early copy of the Magna Carta. That would make quite a prop to waive around during a presidential campaign trail promising the renunciation of the unitary executive president.
Unfortunately, the Perot Foundation sold it in 2007 to raise money to provide “for medical research, for improving public education and for assisting wounded soldiers and their families.”
Good causes, but with a little googling I see that Perot sold it to… the Carlyle Group. Hmm.
Well, bought by Mr. Rubenstein, cofounder of the Carlyle Group to be more specific.
To Mr. Rubenstein’s credit, he did put this copy of the Magna Carta back on display at the National Archives with the Declaration of Independence and the US Constitution and he appears to appreciate its importance:
Per The Times in 2007
I was on my second enlistment in the USAF and stationed at a remote radar site in Alaska. Why? LBJ was a snake.
That’s legal for the upper crust.
That could be a quote word for word from Karl Denninger, a center-right blogger and quite a few other conservative writers of late. People are just pissed purple at the Bankster Wall Street Mafia. Don’t tell me the sharp right and sharp left don’t have some points of agreement. Increasingly, they do.