Remember that whole thing about the banks using armies of Wal-Mart castoffs and entry-level employees to sign affidavits attesting to the legitimacy of complicated mortgage documents without knowing any of the contents inside? Remember how they took responsibility for that and said they were halting foreclosure operations until they figured things out? Remember how they said they got things under control and would resume foreclosure operations, all legal-like? Remember how they signed consent orders from a federal regulator saying they would overhaul their servicing operations, and how they entered into negotiations with the banks on penalties for the same?
Funny story. They’re still robo-signing.
Two stories yesterday, one from the AP and the other from Reuters, detail the fact that the banks continue to employ robo-signers to accelerate foreclosure processes and commit document fraud. I urge you to read both pieces, but I’ll provide a couple excerpts. From AP:
County officials in at least three states say they have received thousands of mortgage documents with questionable signatures since last fall, suggesting that the practices, known collectively as “robo-signing,” remain widespread in the industry.
The documents have come from several companies that process mortgage paperwork, and have been filed on behalf of several major banks. One name, “Linda Green,” was signed almost two dozen different ways.
Lenders say they are working with regulators to fix the problem but cannot explain why it has persisted.
I love that, they can’t explain it. “We don’t know why people are coming into our offices and drawing a salary for sigining all these papers like we tell them to!”
Reuters:
In its effort to seize the two-bedroom ranch house of 87-year-old Margery Gunter in this down-on-its-luck Florida town, OneWest Bank recently filed a court document that appears riddled with discrepancies. Mrs. Gunter, who has lived in the house for 40 years and gets around with the aid of a walker, stopped paying her loan back in 2009, her lawyer concedes. To foreclose, the bank submitted to the Collier County clerk’s office on March 3 a “mortgage assignment,” a document essential to proving who owns a mortgage once the original lender sells it off.
But OneWest’s paperwork is problematic. Among the snags: state law permits lenders to file to foreclose only if they already legally own a mortgage. Yet the key document establishing ownership wasn’t signed and officially recorded until months after OneWest filed to foreclose on Mrs. Gunter. OneWest declined to comment on the case.
Reuters has found that some of the biggest U.S. banks and other “loan servicers” continue to file questionable foreclosure documents with courts and county clerks. They are using tactics that late last year triggered an outcry, multiple investigations and temporary moratoriums on foreclosures.
In recent months, servicers have filed thousands of documents that appear to have been fabricated or improperly altered, or have sworn to false facts.
By the way, I had this story for you and delivered it to you months ago. The AP story relies entirely on the yeoman work of a few registers of deeds, who surveyed their offices and found all these robo-signed documents, including ones still coming in. John O’Brien in Massachusetts and Jeff Thigpen in North Carolina and Curtis Hertel in Michigan should be commended for getting AP to take the story. It’s a big deal. O’Brien continues to get documents that he won’t record because they were robo-signed, with signatures purportedly from the same person in completely different handwriting.
The Reuters article uses the registers, but also has some more meat. It singles out Christina Carter as a “known robo-signer” for documents from Ocwen and HSBC, and uses recent court cases to show that robo-signing is continuing. It has evidence that at least five servicers who signed consent decrees with the OCC – OneWest, Bank of America, HSBC, Bank USA, Wells Fargo and GMAC Mortgage – are still robo-signing.
First of all, kudos to the registers of deeds for finally breaking through, past the likes of me, and getting some traditional-media treatment for their story. As John O’Brien likes to say, “my office is a crime scene.” This feels like he finally got the police out to see it.
Next, I have to see this as a game-changer for the state and federal efforts to create a settlement with the banks over foreclosure fraud. That effort is fatally wounded at this point. How could you have a settlement now? The banks promised to end robo-signing voluntarily. They promised in the consent decrees with OCC. And they kept on doing it. If you sign a settlement with these banks, why should you have any confidence that they will follow through with anything on their side of the bargain? They’ve just perjured themselves before Congress, before federal regulators and in the court of public opinion!
By the way, of course these processes are still ongoing. This is a coverup. The banks either don’t own the homes on which they are foreclosing, or cannot prove it in a legal manner. So they have to have unaware robo-signers attest to the documents. The documents are forgeries or fabrications.
The state AG investigation and the federal regulatory apparatus is revealed here as frankly a crock. Registers of deeds have done more with almost no resources to investigate the depth of the fraud than any powerful Attorney General thus far. The state and federal probes, on the other hand, have been inadequate.
Yves Smith points out.
The more serious point here is the banks actually probably do want to clean up the documents. So why haven’t they done so? Clearly the costs for some, potentially most, cases are too high relative what they deem reasonable to pay. Tom Adams has estimated that the additional costs per foreclosure are probably in the $20,000 to $40,000 range. While those numbers may seem incredible, they make the banks’ failure to comply make sense. While those charges in theory should come from the investors (!) the banks may either be having trouble procedurally making the changes (as in they may need to find completely new attorneys, a major undertaking) or may worry about wakening the heretofore sleeping giant of investors, since if they chose to go after chain of title issues, they could blow up the entire mortgage industrial complex.
But why should we expect anything different? The regulators are clearing willing at most to inconvenience the banks at the margin. Given how deep seated mortgage problems are, that means they will try to do anything but deal with the problem squarely for as long as they possibly can.
I don’t see how the settlement talks can continue given these revelations.




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“Short sales” have increased, and may increase more with these new pressures.
A short sale is a transaction in which the homeowner owes more on the loan than the property is worth. To sell the home, the lien holder must approve the sale because the amount owed to the lien holder will be “short” of what is currently owed by the borrower.
Real estate tracker DataQuick said short sales made up 17.7 percent of Southern California home resales in June.
One problem has been that junior lien-holders often weren’t part of the process, but there is a new law in California that fixes that. “SB 458 brings closure and certainty to the short sale process and ensures that once a lender has agreed to accept a short sale payment on a property, all lien holders – those in first position and in junior positions – will consider the outstanding balance as paid in full and the homeowner will not be held responsible for any additional payments on the property.”
http://www.signonsandiego.com/news/2011/jul/18/new-law-gives-further-protections-short-sale-hopef/
That’s complete bullshit. Where are you getting this information?
I’ve been house-hunting specifically in Southern CA, and nearly everything in my price range has been a short-sale. About the only time it’s not a short-sale is if the home was sold in foreclosure & is currently owned by a new owner, usually some kind of syndicate.
See similar in Northern CA (spend time in both). What’s interesting is that the banks often are very very unwilling, apparently, to really work with the current owner to refinance to something more affordable. This ends up with houses sitting vacant for many years.
Not really “getting” what’s going on; it’s weird. There are some deals to be had out there, for sure, and interest rates were very low recently. My suggestion, though, is to do everything possible to have a Credit Union be the mortgage holder. I simply don’t trust the banks; there’s a lot of monkey-business going on.
Actually, I *have* seen that happen. Been house-hunting. There have been a lot of issues with junior lien holders. I don’t really “get” a lot about real estate transactions, so I’m only speaking from recent personal experiences in CA. Can’t speak for other parts of the country. There have been issues with the junior lien holders being left out of the process.
Of course they’re still robo-signing, who’s gonna make them stop. There are certain people and institutions in Amerika that are simply too powerful and untouchable. This is just the Amerikan Way.
Dick (five deferments) Cheney was a pioneer. He gave us the “Unitary Executive”. Which means the president and any person or class of persons (in this case bankers) enjoying his protection is/are above the law. So yes the blatantly illegal robosigning will continue because nobody will enforce the law against the bankers. The old “American Way” included democracy and rule of law. The new “American Way” does not.
I agree. But at the county level these determined Registers of Deeds have made a stand. Since counties have been losing millions in fees, there may be some district attorney willing to follow through with fraud and perjury charges. One can hope.
I believe that just as we are seeing in the political world; extreme legislation to damage institutions that do not support right wing policies, attacks on womens rights, child labor and environmental protections etc etc, we are also seeing a coordinated effort by the monied class to own as much of the private sector as possible as quickly as possible.
These efforts are designed to put as many of us as possible in a position of powerlessness. To put us in a place where we are no longer able to challenge their supremecy. To establish a permanent class structure that leaves them and the heirs in the upper stratus or noble class and the rest of us in the lower class or serfdom.
Why else would they exert so much effort to keep so many from being able to stay in the middle class or even reaching the middle class.
Like any other pyramid building fraudsters, they are so far in the hole that they can only keep their heads above water by feverishly doing what they have been doing faster and faster.
The other reason is they they know that the law does not dare to touch them, because the law is run by politics and politics is run by money. We are being ruled by gangsters and organized criminals who went to Harvard and Yale.
Yes, I’m sure it’s a cover up, but all efforts so far on the bankers’ side appear to be an effort to cover up the exact nature of what is being covered up.
Not only is ‘it’ being covered up, but we’re still trying to figure out exactly what ‘it’ is.
My guess; ‘it’ most likely relates to the immense liability that the banks face from investors who bought their MBS and now realize that their investments may be worth nothing, but there are an unknowable amount of CDSs that are based on those MBSs, and those contracts would come into question if the underlying securities are not just under-performing, but actually fraudulent on the front end?
IMHO, the banks are covering up the worthlessness of their holdings in CDSs while working behind the scenes to compromise with investors and regulators, all in order to snooker the people at the bottom of the pyramid, the American homeowner.
The robosigning is just the easiest part to understand, a meriad of small crimes, in support of an unimaginably large crime.
As long as we focus on the small crime, no matter how bad the impact on particular home owners, the bankers have no fear, because they will probably be able to afford the penalty, but they are determined to keep the details of their CDS business secret because the danger presented by collapse of their CDS schemes is existential.
Actually I have to agree that it really is quite audacious that they would continue “robosigning” which really should be shorthand for criminal fraud. So far criminal prosecutions have not been instituted because this wasn’t a scheme to defraud (wink, wink) but merely sloppy paperwork by underlings who cut corners. (Cue laugh track.) So now what are the Banks going to say when their sloppy paperwork excuse is definitely exposed as a deliberate criminal enterprise? (As they said in a Closer rerun the other day, “Where you have a pattern you have intent. . . “)
Who is going to stop them continues to be 64 thousand dollar question. In Florida, the AG abruptly fired the two and only two investigators.
However, the Florida Bar News reports,http://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/8c9f13012b96736985256aa900624829/3061637e3b5ce742852578c5005740fb!OpenDocument, that an advisory ethics opinion, , which has been ratified by the Bar’s Ethics Committee, states it is the Plaintiff’s lawyers that are obligated to report to the Court the fraudulent documents. The obligation exists both during the case and post judgment although the Florida Bar Article acknowledges that there may be a limit to a changed outcome if the information comes post judgment (Appeals must be pursued within 30 days and motions to set aside judgment based on fraud have a one year time limit.)
I have a post “sloppy paperwork” excuse case and it will be interesting to see how it develops. Of course the other side has not let onto the problem. Here in Florida, the initial complaint is required to be verified. Well, more than a few of the newly verified documents have the verification attached in the wrong place or its signed by a mortgage specialist (rather than an officer of the Plaintiff,) or the new one I have is just signed without any indication that the person has a business connection to the Bank. A little footwork (via da google) and I discovered this alleged Plaintiff’s rep runs a mobile notary service out of Duval County. As Ms. Bachman would say such “chootspa.” I am trying to determine which way I would like to skewer the Plaintiff and its firm and will make a decision soon.
Good article and still needed as the crisis continues.
What’s the problem? Corporations are not flesh and blood persons. Why demand flesh and blood signing? /s
It is tempting to dismiss the controversy if one has had a bit of bad contact with those in the registry of deeds. One gets the feeling they are less trained, and more protective of their jobs, then even those in the car registration and drivers license area (of course YMMV – or may have varied :-)). Of course most in all regulatory areas are good folks working hard, but so many in these two state registry areas are into job protection over anything else, and in Mass with its regular discussion on how jobs are obtained in these positions, the result is an attitude by the customer. One must note that the way many of these folks got their jobs, political connections, means the registry folks get results in the courts (at least in Mass).
The new use of “robo-signing” is also confusing as the machine that attaches a signature to your paycheck was once called a robo-signer – and it was and is perfectly legal.
What the Florida Lawyer who invented the current usage of the term last year means is the signing of a document that is fraudulent – papers not reviewed, the court lied to. And the same name on documents is deemed proof of that fraud. And as noted in the post – the increase in legal fees to the $20,000 level for foreclosure review seems the motivation – with the side benefit that it slows down or even closes down the foreclosure. So it is lawyer greed versus bank greed versus state employee job protection – with the benefit to the under water homeowner a byproduct but not central to anything. Then throw in AG political benefit and state income from fines and lawyers with massive class actions hoping for a massive settlement and massive fees, and heck, we hate the banks, and it is pass the popcorn time.
When elephants battle tis best to not be underfoot – it will be interesting seeing the process that arises that gets us to the final outcome.
Shorter;
They must continue to defraud homeowners in order to avoid admitting they have defrauded investors in MBSs, all in order to avoid triggering the end of the world, whether due to being required to pay off CDS obligations, or admitting that the CDSs they own are worthless.
The banks can’t afford to pay the claimants to CDSs they sold, and they can never expect to collect on those they’ve bought, and that’s what they are covering up.
I’ve been posting questions about this on my AG’s Facebook page (Lisa Madigan). Within an hour of posting, someone goes to deletes the post and removes the ability to comment. Happened to a lot of my friends too.
Harvard and Yale-finishing schools for white collar criminals
Who financed Ms. Madigan’s election to office?
Apparently the California state legislature believes that there is a problem with second mortgages so your argument is with them and not with me.
I would think the problem with a short sale is ‘who is the lienholder’ if the loan was securitized and most likely never conveyed. The lienholder therefore does not exist so who is signing off on these short sales..the pretender lender? As to the sale of f/c..again who is selling the home, the sale could only occur as a result of fraudulent/robo-signed docs. The f/c is invalid and the original homeowner still has title if they choose to challenge the f/c. The Deeds I have seen that are being used in these cases are relieving the alledged ‘seller’ of liability as to chain of title issues. That is the real problem buyers need to be aware of,the original homeowner can come back and challange the sale and/or f/c and get their house back. The new buyer looses.
I have a loan with Gmac (now ally)…in many ways the consumers are the canary in the coal mine. I’ve been saying that they are still doing illegal things. My loan has 500 in extra fees. They are playing all the same old games. I’ve stated this before than nothing has changed. They are still trying to collect funds illegally, still playing their shenanigans. Also during the beginning of this mess, when our government still owned gmac, gmac was advertising for loans furiously in our market. I couldn’t figure out the reason because it was clear that no one was buying homes. It was marketing refinancing left and right. Also it is making big bucks in the car finance market. Nothing has changed. For some reason Ally (gmac) is always being treated differently and in my opinion is thumbing it’s nose even more “loudly” than the rest. I can’t figure out why. Warren knows what’s going on. And they got rid of her for a reason. They don’t really want to solve this problem, too expensive. Millions of people lost their homes fraudulently. AND god knows who owns what, now.
Wow. Please keep us posted. Chutspah, indeed.
It’s really amazing. AT least things are coming to light now and being reported. It all seems very intractable, though. Always good to see you here, wavpeac.
I agree, that is the real coverup here. They are attempting to convince the Investors that they actually have an investment and it now being discovered that they do not. The Investors have nothing and are not being allowed access to the loan docs and are realizing the terms of the PSA were never met. The settlement that BofA is attempting with BNYM/Investors is a bonanza for BofA. Give the Investors a few crumbs to quiet them down and maintain the illusion that the Trust has the paperwork which they don’t. The Investors are just happy with the crumbs and I guess that is all they can hope for at this point.
Meanwhile all the homeowners have loans that have no lienholders at all.
The pretender lenders want to continue with the lie that the loans were tranferred to the MBS and if they do that then the terms of the PSA are violated. They can’t have it both ways. No one can alter any loans (as in hamp/short sale) if they want to pretend that the Investors are the holders of the Notes by way of the Trust. This would alter the terms of the PSA.
Meanwhile,
Bank of America posts record quarterly loss of $8.8bn
Bank of America (BoA) has posted its biggest quarterly loss after agreeing an $8.5bn (£5.2bn) settlement related to sub-prime mortgages.
LINK.
That is what I am talking about. We should feel bad about this…after all they agreed to that 8.5 billion to settle. I think the real figure on the loans that didn’t get transferred was something like 450 billion…did BofA get a deal or what. The settlement further wipes out any claims by others. I am not weeping for BofA. 8.5 billion is petty cash to them.
That’s the funny thing, securities and investment aren’t the big ones for AG Madigan: http://influenceexplorer.com/politician/madigan-lisa/84fcdef34d6b44bb85e23caa0a83ada2
Even her father, Michael Madigan(who controls the state house) shouldn’t really be bought by the banks: http://influenceexplorer.com/politician/michael-j-madigan/48457b3a37f2496e9ad86c9d343cd96e
I blame the overall Illinois Democratic Party and the most prominent of all Illinois politicians.
But really, everyone should be pestering their AG and their Recorder of Deeds. Probably more luck will come from trying to meet with the latter. Some might even accept volunteers.
And from my experience in Cook County, even a Sheriff can get in the act (Tom Dart). It’s a political winner on the local level.
It would be great is someone from FDL put together a list of talking points for those of us who’d like to visit with our local pols. If there’s some sort of citizens action to help provide hands and eyes to go through all of that documentation, I’d like to know how it can be replicated here.
I absolutely agree. I am still seeing docs with MERS. MERS, the entity that was the vehicle used to do all this fraud. The loans are still being made, nothing is changing. Why do they want to continue to do this when it is going to take years to undo all the fraud. I just can’t figure out what the plan is other than in addition to selling off all the u.s. assets they are going to sell our homes too and I don’t think it is the house they want to sell, rather the land it is sitting on. This would answer my question also as to why the pretender lenders that were successful with their f/c are sitting on their fraudulently obtained REO. Of course they know they don’t have title but they say they don’t want to flood the market. I just think it makes their balance sheet look better with an asset worth half a million on a spreadsheet but worth half that on the market They have really gotten themselves in quite a mess. A non fixable mess.
No end in sight.
Of course the DOI (dept of injustice) under Holder, will not do anything.
And the AG “settlement” was done WITHOUT ANY INVESTIGATIONS, without questioning those involved or actually anyone, and without even examining the paperwork.
All bought. All on the take. Legalized bribery, what a country.
You don’t need to buy the little fish. They have no power. And they already bought their bosses, those with the power. For every deed not registered, 1000s get through. Considering the rampant fraud, and the 10s of thousands the banks make on EACH, one or two, ie. the exception, is nothing to them.
And why only a few people coming forward with this??? Because the rest are on the take. Thus the honest ones are the exception. Everyone else is accepting the robo-signed documents.
How many foreclosures expected this year? 1 million +. Oh boy, that’s a lot of fraud, oops I mean “innovation”.
Have been forwarding robo-signed docs to my a/g but he is busy with his campaign, (running for gov) so has little interest. Have not approached my registrar yet in my county but the documents I am seeing are stamped by the recorder saying they have no liability as to what the documents says so evidently they don’t care about fraud. My county registry is a crime scene too. I can only think about going about this by complaining about my increase in property taxes due to lost revenue because of the docs that were not recorded.
I wish more people understood what has happened but it is so hard to understand. There are so many pieces to this puzzle and to try to explain it is an excesize in futility. I have a mortgage background and I will say that it has taken me several months to understand how this went down. I am just fortunate that I worked in the industry when the Deed of Trust said there was a Borrower, a Lender, and a Trustee…and there really was a borrower, a lender, and a trustee. I am beyond outraged over this and I wish people would start to investigate their own loans and realize they were victims of a ponzi scheme that have completely destroyed the real estate titles of millions of homes. The majority of us will never legally be able to buy or sell a home because of this.
The lawsuits I am seeing are mainly the Investors trying to get something, a few homeowners are fighting back and a few lawyers are winning cases because their evidence is so overwhelming and the judge is totally aware too. For the most part though what I am seeing is ignorance and that is not the fault of your local real estate specialty attorney. I don’t think they understand what has happened. This is a whole new scenario we are dealing with and those few attorneys that ‘get it’ are more than willing to share their knowledge but for the most part the ‘old school’ attorneys just don’t want to admit they are ignorant. They have a hard time with this because they only know the ‘old way’ when the bank was honest, was the real lien holder and had a real foreclosure. The judges don’t ‘get it’ and I certainly know the sheriff doesn’t.
The people in non-judicial foreclosure states like mine don’t have a chance. They will loose their homes because of fraud and how to make them understand the pretender lender cannot foreclose on them is a giant feat.
I know that more people are starting to get it everyday because the ‘deadbeat homeowner’ meme has began to disappear. I occasionally see a post by someone still trying to blame the homeowner for over extending and it is easy to do but the person doing the blaming has little or no knowledge of what went down. They don’t understand that these loans were predatory by design.
Every lawsuit that preserves the right of the homeowner is a major win and is setting precedent. I know we will begin to see more wins because I believe more judges will realize they really don’t want to be a part of the fraud. Do they really want their case appealed to a higher court and handed to a judge that ‘gets it’. They simply can’t continue to go along with this when it is out in the open now. This can’t be put back in the box no matter how hard the PTB try.
I know this is confusing…Way, way back in 2004, when this nightmare began for me, I went to 8 or 9 lawyers including a HUD lawyer and had them look over my statements and stuff. They could not make heads or tails of my statements. Seriously. Also interesting…they were reporting that I had some 10,000$ in fees. Those fees are gone. (If I still had those fees I would qualify for the emergency help fund). Suddenly those fees are gone. Boom, just gone. (go figure…I kept all my statements tho)now I owe 500 in back fees. Not a full payment, not enough to qualify for any emergency loans…so now, I am stuck with my loan because I am out of chapter 13 bankruptcy, they removed the huge fees that they would not have been able to prove were valid, and now, I can make my high interest payment forever!! Can’t get refinanced cause I just got out of chapter 13. I can get refinanced through them, but if I do that (and they call me daily) it will include a statement that says I cannot sue for the past mess. If I could get a good deal that may be fine…but I do not trust them. I just cannot make myself do any business with them. I want out of this loan, but my husband just lost his job. I am now self employed and so far can cover the bills, but we are on the edge…Still stuck in this nightmare…but for today they have made no move to take my house…but raised my payment in July. Of course. (escrow)
“This can’t be put back in the box no matter how hard the PTB try.”
I hope you are correct.
But so much harm … so many lives and futures destroyed … so many families …
This is just inconceivable.
I hope you are correct.
The FL “rocket docket” (Taibbi) does not give me much hope.
wavpac, 10,000 in fees and no explanation…unbelievable. I had a friend go thru this and have not looked into the reason but what I have been reading is that this is what they did. Any reason at all to tack on fees and they didn’t even explain why. The people this happened to of course had to refinance to get them out of it and that is exactly what the lenders wanted..another loan..a higher loan..a real high sub-prime interest loan with a balloon payment of some sort that they could sell for big bucks on wall street. I am so sick over this. This is what it appears they are trying to do with you. Get you to do a refi that will carry an outrageous interest rate and get them off the hook for the illegality of the fraudulent docs they used to give you the original loan. Of course you must agree to not sue for the past mess. (That is what they are doing with all those hamp approvals..the borrowers sign new docs and the lender is off the hook for the fraudulent ones but the catch is…the lender can’t approve a hamp unless the Investor says they can and the Investor can’t say they can because that goes against the terms of the Pooling and Servicing Agreement..which only matters if the loan actually made it to the Trust for the Investor..which it probably didn’t..so therefore there is no loan.)
I don’t know what happened regarding your chapter 13, don’t know anything about that but I know if your loan was securitized your lender can’t make any deals with you. The Investor is the only one that can deal with you and only if your loan actually was transferred to the Investor which is doubtful. This is totally a nightmare and imo you don’t owe anyone anything and right now there are cases being tried and homeowners are winning their homes and I believe this is just the beginning of a big win for homeowners. I am just telling people not to move. The law is on our side and for my own sanity I have to believe justice will prevail.
Thanks for keeping this story on the front page. As Yves says, banks could properly reconstitute the original documents to establish who has a legitimate mortgage on a home. That it might cost $20-40,000 each to do it is one, but probably not the primary reason banks won’t voluntarily do it.
Reconstructing properly the necessary paperwork would also document that it was never done as promised in the first place – systemically, planfully, intentionally – which would lead to more than a few prosecutions and quite a bit of jail time and large fines and penalties.
It would demonstrate that trillions of dollars of so-called “mortgage backed” securities are not, in fact, mortgage backed, a problem that in most cases cannot be cured after the fact. Trillions of dollars worth of securities would become unsecured debts worth a fraction of their face value.
That would lead to the booking of massive losses, which years of government/corporate/regulator machinations were meant to hide. It would piss off thousands of well-heeled investors, who are not accustomed to dealing with the adverse consequences of their neighbors’ incompetence and malfeasance. It would inconvenience governments, in that those losses would shield equivalent profits from the tax man, temporarily worsening budget woes.
More importantly, those losses would require trustees to sue to recover them from the negligent and malfeasant actors who failed properly to deliver the mortgages as promised. It would trigger claims on back-up instruments such as insurance contracts and hedges, meant to insure against such losses. Those “insurers” would litigate to the death to delay or avoid payment, in part, because someone else might ultimately be liable, because the behavior involved was not actually insured against, or because the insurers are un- or under-capitalized and unable to make good on their contractual commitments. That litigation would expose dirty laundry the likes of which god has never seen.
The knock-on effects for the financial community would be regarded not as the parting of the Red Sea, but as its closing on pharaoh’s chariots, causing more than one financial prince to lose sleep in Aspen and Greenwich, the Cotswolds and St. George’s Hill, .
The financial-industrial complex would be in turmoil. “Names” would go under, causing interminable Dickensian bankruptcies and public disclosure of finance’s best kept secrets. Hotels and restaurants, castle and estate owners, brokers and travel agents, limo drivers and Internet service providers from St. Kitts to Jersey, London to Liechtenstein would face hardship and temporary ruin.
Governments would investigate to placate those holding pitchforks (wood and platinum) and to avoid inquiry into their own misregulation of risks well known since at least the 1930′s. Responsible governments would see to the closure of some banks, the reorganization and recapitalization of others, involving new managers and more risk averse practices (all much cheaper than bail-outs that demand not even a thank you from the banksters).
Responsible governments would re-regulate banking and securities practices, poking holes in the battlements. Some banksters would go to jail, some to the poorhouse. More would have to work again to pay their bills, and that work would be less stupefyingly lucrative. Among other places the money would flow at lower volume is politicians’ pockets.
All of which means that banks and securities issuers and traders may still get away with this, whether it be by way of an egregious global “settlement” or rigorous avoidance of investigations and re-regulation. We would be foolish, however, to let that happen without a fight.
tambershell, I have to believe this because so many people are starting to understand this. When a person buys a foreclosure and suddenly the original owner comes back into the picture and says the foreclosure was illegal and they want their home back and get it back, that tells me the tide is turning. We are the ones that have to do the educating because the banks are still into covering it up. This is a topic that needs to be discussed over and over until people start realizing it’s not their fault. We were victims of a scam, a land grab is happening we need to talk about it. We are at the beginning of this right now and it won’t be cleaned up for decades. My grandchildren will be dealing with title problems. The only way I know of to buy a home without a clouded title is to buy on the good old tried and true Real Estate Contract financed by the seller who owns the property free and clear and is willing to take payments. Cut the banks out completely.
Thank you! You are so elequent. Me, I am rather emotional about this as it happened in the industry that was my career..the job I loved. Everything you said is true and the I would love to be a fly on the wall in those boardrooms. When people figure this out it will indeed bring down the global economy. That is how big this is.
We were shopping & trying to buy a short sale. Since it didn’t seem to be bank approved, we went into the registry records & found 5 mortgages. it looked like there were really 2 (which would have been bad enough) but the first one, from 2000, which should have been long gone as it was refinanced up twice has an “Assignment” filed by MERS in March, 2011, whicle the 2003 version of the same loan was assigned in June, 2011 to a completely different bank.
As it happens, this was on the same day that the Globe ran the article about the Essex Registrar, and the March document came out of the Harmon Law Office in Newton, which was mentioned in the article as being a garbage factory.
Still, way too much nonsense to fight through and pretty much guaranteed that the bank with the home equity line would nix any deal, so we fled.
Far more than too big to fail, the banks are for the most part too big to control. The people doing the robo signing may have been told to stop doing it, but they were also told to maintain their production numbers. This can only be done with robo signing so guess what the worker ants will do. Nobody goes to jail for robo signing but you get fired if you don’t make your production numbers.
I say we let them do what they want, which is survive, for a price.
Every homeowner gets a 50% write-down on pricipal, in exchange for all of us looking the other way while they figure out how to make the rest of the ‘adjustments’.
Nobody goes to jail, but nobody gets evicted either.
They should figure out how to make the % of the write-down for homeowners enough that the housing market is no longer constrained, but not enough to start a new mania.
What ever form the fight takes, its’ intesity should be in proportion to the misery they’ve caused.
Thanks, DDay, for continuing to post on this.
I’m so glad that Register of Deeds O’Brien in Massachusett’s Essex County Southern District is doing so much to bring light to this “crime scene” in the register of deeds office.
I’m increasingly annoyed, however, that the other Massachusetts county Registers of Deeds have not publically followed suit. Why aren’t they speaking out, too? Where is Gov. Patrick in all this?
I want Governor Patrick to recommend on TV and radio every day for the next year that every homeowner with a MERS inkblot next to his/her name in the local Register of Deeds (including all those homeowners current on their mortgage payments) demand of the mortgage servicer and of the Register of Deeds that the name MERS be removed, that a registration fee be paid to the local registrar identifying (with the submission of non-forged, legitimate documents) the true owner of the mortgage.
Perhaps with the additional income, the Registers of Deeds could perform more sleuthing.
At the very least, have the counties report/print the noncompliance rate of the servicers each week. Demand hearings, clawbacks, write downs, etc.
I second Mary4′s @ 36 comment. Thanks EoH.
And the new registration fee, of course, should be paid by the owner of the mortgage, and not by the homeowner.