One reason why I believe state courts will have a much better chance to deal with foreclosure fraud than any lawmaker can be easily seen in this Matt Taibbi article about how Iowa Attorney General Tom Miller has suddenly received more campaign contributions from the finance sector than in his entire long political history. He’s literally raised 88 times as much from the finance, insurance and real estate sector (FIRE) than from what he raised from them over the last decade.
This foreclosure issue is a monstrous story that is somehow escaping national headlines; essentially, all of the largest banks in the country have been engaged in an ongoing fraud and tax evasion scheme that among other things has resulted in many hundreds of billions in investor losses, and hundreds of thousands of improper foreclosures [...] If the banks had to pay what they actually owed – from the registration taxes/fees they avoided by using the electronic registry system MERS to the money taken from investors in toxic mortgage-backed securities to the fees and payments stolen from homeowners via predatory loan practices and illegal foreclosures – they would probably all go out of business. That’s how much money is at stake here: the very future of financial giants like Bank of America and Citi and JP Morgan Chase is hanging to a very significant degree on the decisions of politicians like Miller.
Hence the sudden avalanche of money sent Miller’s way. The numbers are laughable. In 2006, out -of-state donors gave Miller’s campaign $10,508. For the 2010 cycle, that number was $497,357.
(Note the David Boies appearance in that article as well, he’s suddenly become a major Miller donor right at the time that his law firm is defending Goldman Sachs.)
And here’s another example. Back in February, the Arizona State Senate passed a sweeping anti-foreclosure fraud bill, shepherded by Michele Reagan, a Republican who was sued by her mortgage servicer after trying to find out who owned her note. The main piece of the bill would have mandated a thorough chain of title to be presented at every foreclosure action in the state. And so naturally, the Arizona House of Representatives deep-sixed it.
I called an Arizona foreclosure defense attorney, Don Loeb, who lives in Phoenix, and who had suggested that we meet for dinner during my stay in the Valley of the Sun, and while I had him on the phone, I asked him about the status of Senator Reagan’s bill, as I had been unable to find anything about its status online. In fact, when I had searched for information on-line, S.B. 1259 seemed to be about something about firefighters… I was sure I was doing something wrong.
What I heard Don say, however, made no sense to me whatsoever and it simply wasn’t sinking in for the first minute or two… Don said S.B. 1259 was gone, replaced by something having to do with firefighting… he said I needed to speak with Beth Findsen to get the details.
I hung up feeling kind of numb, to be honest. How could such a thing have happened? I went back to Google to search for anything describing what had transpired… to absolutely no avail. There was not a single news story on S.B. 1259’s demise… nothing written by a journalist… nothing even on the state senate’s Website.
Basically, the House gutted the bill and amended it, which involves scooping the entire content of the bill out and replacing it with something different. The banksters didn’t want the bill passed, so they made sure it didn’t.
That’s representative democracy in the 21st century. The justice system isn’t a whole lot better, but at least it offers a fighting chance in select cases.



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I called Sen Reagan about this, she left me a message explaining that the bankers killed the bill in the House Banking Cmte and replaced the provisions with another bill under that name.
She said the good news is Arkansas is about to get their Gov to sign a bill giving a provenance of title of sorts, what we were trying to do here.
She said she will try again next session.
The other good news is our AG Tom Horne seems to be putting up a fight and he is not rolling over for the bankstas so far.
I am going to file an individual complaint with him and see how it goes. JPMC did a lot of funky accounting with my payments when I came out of late status, a lot of ‘corporate advances’ listed there and my pymts kept being put in suspense.
I call shenanigans. Will post back with outcome.
This was very disappointing, but behavior of this nature seems to be the norm. It truly does appear that our representatives are not truly OUR representatives, and that this has been the case for some time now.
At each similar occurrence my fears grow stronger that having fewer options for justice makes the least attractive option the most likely.
All of this should be criminal.
Are they putting your payments in “suspension”? Chase is really screwing with my payments.
I wonder where our Department of NO JUSTICE is.
Great post, David.
The magic of “suspension” is that you pay the money, but it is not credited against amounts owed, which puts you in default, even if you weren’t already there. That triggers all sorts of goodies upon which banksters revenue, profits and bonuses depend: fees, penalties, hiked interest rates, none of which you might really owe, but you have to prove it, which gets expensive, and requires persistence, which servicers and banks hope you won’t have much of when you’re in financial trouble.
Who says that utilizing the psychology of terror is limited to government sponsored interrogations? Its commercial utility is limitless – in the absence of minimally functioning regulators.
Another scam is the routine misapplication of payments. They are supposed to go first to pay down interest and principal, and only then fees, etc. Servicers routinely reverse that process. That, in turn, tends to lead to suspensions and/or defaults, which generate all those nice fees and charges. It’s a bankster/servicer perpetual motion machine. There oughta be a law…
America’s jails are too full of the ordinary and the non-violent, but I suspect there’s room for a few thousand servicers and their bankster brethren.
If you’ve seen “Inside Job,” you know that staffing of our regulatory agencies has been gutted over the past 30 yrs. and that none of the bankers who caused the fiscal crisis that began in 2007 have been indicted.
We are living in an oligarchic plutocracy and this President wants their campaign contributions, so you’d better get used to the Dept of No Justice.
That is the key, too big to fail, too big to jail.
Now it is all about letting them off the hook, with minimal political damage.
I know I will get modded for this, but I honestly feel like unless we start taking “justice” into our own hands this sort of thing will just get worse and worse. They (lawmakers and their corporate owners) openly engage in criminal and anti-democratic behavior. They don’t even bother to do it surreptitiously any more.
Looks like stupendousman feels the same way.
David:
This is an extremely important story
that I think many people missed.
I do hope you write about it again.
What happened in Az. is beyond belief.
I have no doubt that the DOJ won’t do anything, either.
There’s no denying it.
Wall St. is in full control of the US Government.
And the USG is going to destroy all of us.