Here’s an update to last week’s revelation from San Francisco Recorder-Assessor Phil Ting, that an overwhelming percentage of foreclosure documents he reviewed were found to be at least partially flawed. The two members of Congress who represent San Francisco want Attorney General Eric Holder to convene an investigation. That consists of Jackie Speier and the Minority Leader of the House:
The report, based on a review of a random sample of mortgage loans that entered into foreclosure between January 2009 and October 2011, found that 99 percent of the San Francisco mortgages reviewed showed irregularities in the foreclosure process, and 84 percent showed potential violations of California non-judicial foreclosure laws. In addition, foreclosures involving mortgages that were part of the Mortgage Electronic Registration System (MERS), which are more likely to have been securitized, showed a high rate of conflicting information regarding the actual beneficiary, which raises questions about whether homeowners were denied their due process rights. We find these findings very troubling.
Because the report does not specify the mortgage servicers involved, it is not possible to determine whether affected borrowers can seek remedies under provisions in the multi-state mortgage settlement. However, even if some borrowers can seek redress through the settlement process, or through private rights of action, the irregularities and violations cited in the report convince us that further investigation at the Federal level is warranted to determine whether any violations of Federal civil and criminal laws might have occurred.
The Assessor-Recorder has already referred the report’s findings to California Attorney General, Kamala Harris, for her review. We believe the severity of the report’s conclusions also warrant a thorough review at the Federal level by the Task Force.
I’m guessing that this finding, that the foreclosure process is, in the words of the person who conducted the foreclosure review, “utterly broken,” does not come at a propitious time for federal officials, who are busily trying to convince everyone that they did the right thing with the settlement. But of course, at least some of the massive errors that Ting’s study uncovered can no longer be prosecuted by Kamala Harris, because they fall under the settlement.
Because this study has such wide-reaching effects – so much of it points to the fact that nobody knows the true owner of a large percentage of residential mortgage properties – the self-appointed defenders of order have taken to criticizing it. Some, like Housing Wire’s Paul Jackson, would rather deny the existence of the study, and their critiques border on the deranged. But the typical critique can be found in this article from the LA Times, trying to tame the masses, and tell them not to worry, the system is working just fine:
The “Foreclosure in California” report released by the San Francisco Assessor-Recorder this week seemed to confirm all those bad things we’ve heard about mortgage lenders.
The report identified “one or more irregularities in 99%” of the foreclosed loans it reviewed. Sounds bad. But that doesn’t necessarily mean that these homeowners were making payments on time and unfairly booted from their homes without cause.
Many of the irregularities stem from the fact that lenders routinely sell the loans they write to other firms and investors, the report showed. They just don’t always fill out the proper paperwork in assigning these loans to the new note holders.
That can lead to confusion over who had the legal right to process the foreclosure. But it doesn’t mean the foreclosure itself was unwarranted.
Oh, that’s all! It’s just “confusion over who had the legal right to process the foreclosure.” Just a technicality concerning the laws of property ownership that have been in place in this country for 300 years. Nothing to see here! The deadbeats are still deadbeats! Go watch “Pawn Stars,” America! Your mortgage-industrial complex has the matter well under control.
It’s tedious having to repeat myself on this point, so I’ll just link back to my reaction to Diana Olick’s very similar argument from a while back. And I’ll add the words of Lou Pizante, the company partner of Aequitas Compliance Solutions, who conducted the study for Phil Ting:
What’s at issue here is compliance with California’s laws relating to non-judicial foreclosure. These are statutory requirements that, in many respects, are rather technical. Why, then, should inadvertent violations provide windfall remedies to reckless borrowers?
First, its important to understand foreclosure in California. Lenders in California rely almost exclusively on the non-judicial foreclosure process, also called statutory foreclosure. This is an expedited process where homes are sold without court approval. Therefore, there is frequently little, if any oversight. Because of this, courts have generally required strict compliance with statutory requirements affording borrower’s due process.
Now, there is plenty of public evidence showing that not all distressed borrowers are reckless deadbeats. We know that some borrowers did not receive fair and accurate disclosures, as required by federal law, explaining the payment and other material terms of their mortgage. Furthermore, the report reveals that a lot of lender’s foreclosing on homeowners don’t appear to own the underlying loans. The fact that homeowners borrowed something, on some terms, from someone should not be enough to rob them of their due process right.
To say most of these borrowers are deadbeats and can be denied their due process rights seems pretty lousy to me. It’s like saying that there might be a falsely accused guy on death row, but—hey—he probably killed someone.
Exactly.
With state and federal officials either unwilling or unable to come to terms with the broken mortgage industry, we’re increasingly seeing these local officials stepping to the fore, embarrassing the law enforcement community by showing vast amounts of evidence that their county recording offices are crime scenes. We may even see increasing amounts of lawsuits bubble up from the local level. In Warren County, Kentucky, officials may join a class action lawsuit against banks for avoiding mortgage transfer fees when they recorded transfers privately with the electronic database MERS. I think we’ll see more of this, with the locals picking up where the feds and the state bigwigs fear to tread.




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Pelosi has rehearsed her line. She has spoken it in the presence of witnesses. It’s in the record, she’s done her job, time to move on.
She demanded a “robust” public option, too.
Pay no attention to what Pelosi says, watch what shes does. Or doesn’t do.
Boxturtle (Because she’ll let this drop as soon as she walks away from the podium)
Much talk. Little do.
DW(Great and gentle good morning, to you, Box Turtle)
I have long been conviced that Pelosi is “part of the problem”, NOT “part of the solution.”
The property records, as you say, David are beyond repair. I see no other way around this except for homeowners and homebuyers to put a “cloud” on the title to keep anything from happening without their consent.
David,
Also, can you follow up on the discussion we had last week with Prof. Black? He is in a position and willing to investigate so that the real criminal claims can be filed.
Phil Ting should not fly in a small plane, and be very careful crossing the street. Oh, and check out his car before starting it.
Good Morning to you as well!
Pelosi actually does a lot. But she wouldn’t want us 99%er’s knowing most of it. So she seems like an empty suit, appearing on occasion to make a populist speech then slinking back to her office to meet with the next lobbyist.
Boxturtle (Wonder if she has a “Donation” slot in the front of her desk)
Nothing gets by you, does it? :-)
Boxturtle (If you own Vette’s, nothing SHOULD get by you)
He’s probably really, really depressed with the response his story is getting. Nobody would be shocked by a suicide attempt.
Boxturtle (He shot himself in the head. Twice)
No shortage of ways to go. Polonium also comes to mind, and it would be a twofer as O could blame the Russians.
Holder following up on white collar fraud??? You’re joking, right?
Credit where credit is due, that was a genuinely unique hit. I don’t know that anyone has ever been killed intentionally in that manner.
They’d have been better off using the Israeli method: Shoot twice, get close in, put one right in the brain and walk to your car. Use the other three bullets on anyoe who tries to stop you. Drive away.
The number of entities that have polonium and can actually handle it in that manner really narrows the suspect list.
Boxturtle (But if they were going to charge Putin, the Brits would already have done so)
Forgive this….but she would have to do alot to make that face stay in place….Takes a lot of work….
There was a L&O knock off episode on that one. I forget what the victim did, i.e. what made him so important that he was attacked that way.
Naw. If the first one doesn’t look good, she switches to face #2.
Boxturtle (Or Face #3. Or Face #4. Or….)
That’s so old school. Now that the POTUS can have U.S. citizens that are considered “threats” eliminated without trial we might expect drone attacks. The collateral “damage” will communicate to the citizenry to keep their mouths shut, for their own good and for the good of “bipartisanship.”
We have a winner!
Bluetoe2@17: That’s actually a better method. No lead coffins and we don’t have to worry about a future archeologist digging up a radiological disaster.
Boxturtle (there’s enough polonium in that corpse to kill 20 people, given time)
I do want to set the record straight. I own a ’78 Classic Silver Anniversary Vette which I have restored to better than new, “car show” quality. I am not one of those guys with a new C5 or C6. Many, not all, but many of those guys are pricks. Not us “classic vette owners. We’re smart, worldly and…modest. Most of us are just “carguys” that happen to own vettes.
Probably more than you guys wanted to know.
You know the difference between a Corvette and a porcupine????
With the porcupine, the prick is on the outside. :-)
Oh, we have a great sense of humor too. Not so much the other guys.
Holder: “Sorry Nancy, it’s too late: we already have an agreement that you should be happy with!”
Yah! Run Nancy out of office! Let’s run all the progressive-curious out of Congress first! Those apostates are SO much worse than the Blue Dogs! Why should we care that she did a better job of herding cats than any Democrat Speaker since Tip O’Neill?
Keep up the amazing work dday: it does indeed make a difference.
Who is this “Holder” guy. I keep hearing his name but I don’t know WHAT he does. :-)
n April 2008, Zell made a controversial comment about the subprime mortgage crisis at a conference in Los Angeles, where he stated, “This country needs a cleansing. We need to clean out all those people who never should have bought in the first place, and not give them sympathy.”[15]
Samuel “Sam” Zell (born September 28, 1941) is a U.S. business magnate. He is Chairman of Equity Group Investments, L.L.C. (EGI), a private, entrepreneurial investment firm he founded more than 40 years ago. EGI’s investments span industries and continents, and include interests in real estate, energy, logistics, transportation, media, and health care.
Zell is also co-founder and Chairman of Equity International, a private investment firm that focuses on real estate-related companies outside of the U.S. In addition, Zell maintains substantial interests in, and is the Chairman of, a number of public companies listed on the New York Stock Exchange, including: Equity Residential (EQR), the largest apartment REIT; Equity LifeStyle Properties (ELS), a real estate investment trust that owns and operates manufactured home communities;
http://en.wikipedia.org/wiki/Sam_Zell
Zell owns the LA Times
I agree. LIke your post. David is indeed a patriot. Were this the 1700′s he’d probably be considered the equal of Thomas Payne.
Bad timing David.:-)
But thanks for all you do.
He’s the guy that represented corporations accused of having labor organizers assassinated in Central America. A real stand up guy for the plutocracy and the 1%ers.
Ohhhhhh, ERIC Holder. That dickwad.
Good morning DW I wanted to tell you I followed the discussion on the book salon yesterday and want to thank you for the things you said. I am not well versed in all the political dialogue as you are but the “lesser evil” argument is dead to me. Both you and Bev are such a rational voice at FDL.
I am not dismissing other voices here but it is clear to me that to give this and “prior” politicians a pass on what is happening is beyond astounding. The rule of law is how we are told to conduct ourselves. If that is destroyed it’s every man for himself right?
You is a most-wicked truther, Box Turtle.
;~DW
Bashing Nancy makes you sound like RedState idiots.
Now, there is plenty of public evidence showing that not all distressed borrowers are reckless deadbeats. We know that some borrowers did not receive fair and accurate disclosures, as required by federal law, explaining the payment and other material terms of their mortgage. Furthermore, the report reveals that a lot of lender’s foreclosing on homeowners don’t appear to own the underlying loans. The fact that homeowners borrowed something, on some terms, from someone should not be enough to rob them of their due process right.
The big worry is that a later administration and congress can easily decide any deal on homes with the banks was invalid because O never considered or prosecuted these violations of law and demand from the banks more cash. An investigation of whether the banks conspired to raise housing by giving people who never should have got loans loans takes Zell’s argument against helping home owners and turns it into a reason to prosecute banks.
Just what are they thinking they have lawyers who know this stuff.
If the Rule of Law is destroyed, so then, is civil and sustainable society destroyed, popyeye.
Please note that one of my comments was deleted, several were “held up”, and several were not allowed on the thread, at all.
I hope that you might, when time and opportunity allow, ask such questions and make such comments as seem, to you, to be necessary.
In these times, the necessary questions must be asked, it is a false and pathetic decorum that circumscribes what may be said and who is allowed to discuss or question things.
As Jane Hamsher has said, and I paraphrase, here, if only certain conversation is permitted, and only certain ones allowed to participate in that acceptable conversation, then all of us lose.
Namaste
DW
Ever heard takes one to know one….I am not red state nor an idiot. Nancy may do some things well; she also took impeachment off the table…Your opinion seems to need a bit of tweeking….
Nope in every revolution those who want to appease the other side must be asked to leave Nancy can join the GOP if she wants or us change is coming to America the Tea Baggers represent one side a Nazi type Change we represent an FDR type change.
Given that nobody thinks the housing market will get better in 7 years the pressure on Nancy will continue.
As usual, your first paragraph says it all. Not that your second paragraphs are not good too.
Any Law and Order writers out there? Now is the time to have an aggressive local DA go after Super big Bank of North America (based in Mississippi). The bank should be guilty of fraudulent foreclosure processes AND killing the aggressive DA.
If this were a Criminal Intent episode the end would be a stalemate. Two-three equally guilty banksters that con provide each other with an alternative version of events.
Heh. If you ever see such an episode, let me know. I got rid of my TV a week or so ago, so I would miss it unless personally notified so I can fo to a friend’s to watch.
IMHO to not allow “all” questions to be asked and discussed is how our society got into this situation. I wish I had the capacity to engage in this type of discussion and I try to but I tend to view the overall picture instead of the moment if you will. I have looked at this from the historical point of view and try to see the patterns. To me and in my mind all of this doesn’t surprise me at all.
DW, I was not aware that your ability to comment was impeded. (I do recall that you made a remark to the effect that at least I could comment.)Which post was that? Yesterday’s Book Salon? Who does that?
Those who see the overarching “pattern”, popyeye, are those who shall frame the most-important questions of all.
Yes, there is little surprise. Indeed, one may easily predict what will likely “happen” next …
One need only “look” at the “players”, consider what would be the worst possible “thing” to happen “next”, and very likely, if one has considered the larger pattern and the “drift”, then one will, very likely have “predicted” with amazing accuracy the next “big” thing.
Many here, at FDL, have demonstrated a “success rate” very close to the “batting average” which you, my dear and much respected friend, already possess.
There are a number big league hitters here, some of the very best, in my consideration and experience.
DW
The Book Salon.
The mods.
I am on the list, rc, going, it is said, astray and “off topic”.
I do not consider that that is so, nor do I consider that my comments are disrespectful or ad hominen attacks. Indeed, I try to remain level and reasonable, to the best of whatever ability I might possess for so doing.
You know, clearly, I am certain, of what I speak, on a number of levels.
As do others …
DW
Very sorry to hear that, DW. It seems to me that we are asking very similar questions, and that they are important questions, bcause every movement runs the risk of being undermined rather than advanced by those who have attained some measure of comfort and status under the established regimen. They may remain men/women of principle who truly fight for change, or they may instead choose to play the role of “comprador,” as our friend Ludwig likes to put it. (One might also use the less-elegant term, “house ni**er.”) I think the “Obamabots” frequently fall into this category, and I think it is important to challenge them as to their positions, thoughts, and reasoning process, so we can reliably identify what role they are truly seeking to play.
Dude, I’d follow you anwhere.
..
..
I might be back a couple 20 yards or so. But I’d follow you just the same.:-)
Hate to, but I must, agree with this realitychecker person here, DW.
Glad to know what Ludwig means by ‘comprador’; he/she just used in on another thread in response to me over ‘Fareed at the DC cocktail circuit…’ imagery. Thanks.
Isn’t anyone bothered by the fact that the story of Mr. Ting’s probe was not made public until after the Foreclosure Fraud Blanket Pardon was announced as a “done deal”? Methinks that if the results of Mr. Ting’s probe had been announced before the pardon was announced, the pardon would have been more difficult to justify to the public.
And, of course, this all begs the question that 49 state AGs (that’s the last number I heard), plus Holder, have all done this deal with absolutely minimal, if any, investigation or discovery in litigation. An attorney in private practice would be open to malpractice claims for agreeing to such a deal with this pitiful level of investigation.
So, bottom line, the timing of Mr. Ting’s report is very disturbing to me.
“(He shot himself in the head. Twice)”
My favorite example of American justice is the Texas case (I’ve lost the citation) of the fellow found hanging in a barn who had been shot several times (it may have been even more than one rifle) from at least a few feet away (no powder burns).
It was suicide. Case closed.
I know that thousands of racist killings in the south were ruled “suicide” but they didn’t even bother to record them in almost all cases, but the above actually made it into the records.
He uses it on every thread that I have seen him on. He even brought up capitalism when I wasn’t even discussing capitalism. Can’t discuss anything with someone like that IMHO.
Oopsie; must have given you the wrong impression (crap sentence construction, in my usual hurry). He was using it in reference to Zakaria, pas moi. ;o)
Wouldn’t I have been a ‘compradora’? ;o)
“should inadvertent violations provide windfall remedies to”
Anyone?
The answer is no – and there will be no free homes. These stories constantly imply wrongly handled documents result in surrender of an asset.
It is irresponsible to suggest that will be the result – “put a cloud on”, or required “input to decision”, are bull used to justify lawyer fees – suggested by those I can only assume are still in law school.
What happens is a 12 to 24 month delay before being tossed out of the home – and that is a good result for the homeowner.
MERS needs a national law – and there will be one. Recording fees are not coming back unless in the new law
Wendy, I hear and heed what my respected friends share with me, you and rc are, as I hope you both may know, within my closest circle of friends.
My “style” is to remain as calm in situations of confrontation and as respectful of others feelings, opinions, and “beliefs” … as I may manage.
That said, I shall continue to ask those questions and make those comments which I consider, not frivolously, or superficially, but after serious and, at times, deep and lengthy thought, to be germane to needs of our world and time, not to calculated ends but to the purpose of furthering understanding and encouraging proper and just action, my own, and as well, and I shall be honest about this, the understanding and potential action of others.
I hold this social behavior to be among the responsibilities which belong to all of us, as human beings and as spiritual entities possessed of sentient awareness.
I am certain that I do not always succeed, but I’m trying. I suspect there are those who consider me to be very trying, indeed and in fact.
DW
Cheesy remark I don’t forgive.
Again a cheesy remark
They have their mean girl on.
You of course succeed, though the mods are clueless, and maybe not to be trusted.
But as far as that shite on those other threads over yonder, I will not make peace or even detente with those who wish you a heart attack (or anyone else, for that matter). I really didn’t mind playing ‘bad cop’ on that one to kind/sorta further your ends, but I will hold that one person to never coming on my posts again. Period.
Having said that, on my diaries I always go the extra mile to be civil, in order to persuade. But with all that, I found my limits.
And yes; here’s to you and RC continuing to ask the questions that need to be asked, and I won’t mind if ya throw in a salty term now and again. You (and we), after all, are only human. ;o)
love to you, and to RC,
wd
Sorry shouldn’t have butted in. I am good at that. :(
Dunnae be a silly bugger, our Popeye. I wrote it wrong is all. Not entirely without precedent, I freely admit. ;o)
love to you,
wd
This quote fits with yours and RC’s attempts to hold various feet to the fire, no?
“Our doubts are traitors and make us lose the good we oft might win by fearing to attempt.”
~ William Shakespeare
Don’t change a hair for me, not if you care for me . . . ;-)
Follow the truth wherever it leads. Those who are made uncomfortable by the truth, need to be made uncomfortable so they can grow.((wendy))
Or maybe you don’t want to discuss, eh comrade?
Or, misunderstanding, perhaps?
That would be my considered guess, Ludwig.
DW
Second that opinion. Ludwig, your comments are frequently cryptic enough to make them difficult to understand. And believe me, I try. ;-)
LOL! As long as I’ll stipulate that in that case it was what strictly the truth as I saw it, not some Indelible Undeniable Cosmic truth. Shorter: Sometimes an asshole is just an asshole, and One Love is just too far a walk.
And may I say, I just woke up, and may be thinking muzzy-fuzzy thoughts. I cried a lot over my new diary; and even that more universal empathy doesn’t seem to be enough to get me to relent over someone wishing dear DW death.
DW may have taken the higher road, that’s his affair. But I’m fine with my behavior. (Now where’s my whip and chair?) Lookout tigers! ;o)
I did try and discuss with you but you changed the subject and talked about things I didn’t bring up. I don’t mean to be negative but you never once addressed my points which was as I recall how you addressed other posters. I respect everyone’s opinion whether I agree with them or not. :)
Nope, Ludwig. That one was down to my error; I hadn’t known what you’d meant on the other thread (gads; can’t even remember which now), if indeed I get it now.
Ah, wendy, I’m more than fine wi’ ALL of your “behaviors”, lass, just so ye be knowin’.
And I’ll be sayin’, that ’tis nae the first time death’s been wished upon me.
The first time was when the sole female member of me draft board said, “I hope that you are drafted and killed!”
Now that, my dear wendy, struck me as truly vicious and clear proof that the woman had no business having the power that she did.
But, you know me, I’ve nae patience with, nor fear of, the wee-wacked madness of pompous “authority”, and I’ll be tellin’ them so … right to their face.
You? I love your fierce and proud spirit and the sense that ye’ve no fear ta be standin’ beside me, on the road, high or “low”, as must needs be traveled.
I wouldna have ya change a thing, you’re quite perfect as ye are.
‘Tis fierce proud I am of ye!
DW
I just reviewed that thread, and saw no death threat. Where, when, and who did such a foul thing?
That would be here, rc.
http://my.firedoglake.com/jbade/2012/02/18/video-documentary-dont-tell-my-mother-i-am-in-iran.
And the video jbade put up deserved far better.
I would like to put it up on the Diner thread but suspect the “diversion” would detract.
That is what most annoys me.
DW
However, doremus is NOT on my “disgusted with” list … rc.
That is reserved for those who do actual harm.
My annoyance, such as it is, with doremus, was his treatment of wendy, on a number of occasions, two, if I recall, including when she rose, magnificently, to defend little ole me.
Which threads, you may have already seen, I imagine.
DW
Oh, that. I saw that the other day, but I thought we were talking about the Book Salon thread from Yesterday. I don’t have a bad opinion of doremus, I just think we were dealing with some very emotionally charged stuff there.
That is my “take”, rc, as well.
Nothing on the Book Salon posed any threat.
DW
Well, I will leave you both alone to be okay with him.
http://my.firedoglake.com/mason/2012/02/18/has-obama-decided-to-start-a-war-with-iran-to-assure-that-he-win-the-election/