George Zornick carries a rebuttal from Eric Schneiderman’s team on yesterday’s damaging expose of the securitization fraud working group. Here’s what it has to say:
• There are 50 staffers “across the country” working on the RMBS working group (the official title).
• DoJ has asked for $55 million for additional staffing.
• The five co-chairs of the working group meet formally weekly, and talk daily.
• There are no headquarters for the working group, but that’s because it’s spread across the country.
• There is no executive director.
• Activists still think the staffing level is too low.
If any of this looks familiar, it’s because it’s EXACTLY what Reuters and I reported a week ago. In other words, it was unnecessary. And it doesn’t contradict what the New York Daily News op-ed said yesterday, either. Like that op-ed, this confirms that there is no executive director and no headquarters for the working group, which sounds more like a central processing space for investigations that could have happened independently, at least at this point.
Meanwhile, if you want actual news, you can go to this very good story at MSNBC, revealing the truth that nobody wants to talk about: the inconvenient detail that the land title and property rights system that has served this country well for over 300 years has been irreparably broken by this gang of thieves at the leading banks.
In a quiet office in downtown Charlotte, N.C., dozens of Wells Fargo’s foreclosure foot soldiers sit in cubicles cranking out documents the bank relies on to seize its share of the thousands of homes lost to foreclosure every week [...]
The Wells Fargo worker, who first contacted msnbc.com via email in late January, told of a wide range of concerns about the foreclosure documents she processes. Some families apparently were denied loan modifications after only cursory interviews, she said. Other borrowers applying for help sent comprehensive personal financial documents to a fax machine that she discovered had been unattended for weeks. Others landed in foreclosure after owing interest payments of as little as $1.18 a day, according to documents she said she reviewed.
“There was one file where they weren’t even past due and they were in foreclosure status,” the loan processor said. “They’re pushing these files and pushing these files….”
Five years into the worst housing collapse since the Great Depression, the foreclosure pipeline that is removing tens of thousands of families from their homes every month rests on a legal process that has been badly compromised by errors, misrepresentation and outright fraud, according to consumer attorneys, state attorneys general, federal investigators and state and federal judges.
I must confess that I don’t throw this in everyone’s face nearly enough. What is being described in this article is the product of a completely broken system. The low-level grunts are being forced to sign off on a quota of loan files every day, and push the paper through the pipeline. Veracity, or even knowledge of the underlying data in the files, is irrelevant. This is precisely what got us into this mess in the first place, and it’s still happening. And these grunts, making $30,000 a year, are given titles like “Vice President of Loan Documentation” to sign off on affidavits attesting to the loan files. That’s basically robo-signing. It’s still happening.
Check out this part about LPS:
Like many mortgage servicers, Wells Fargo relies on a company called Lender Processing Services to assemble some of the information used to foreclose on properties.
With each file they prepare, the bank’s document processors must swear “personal knowledge” the information in each affidavit was properly collected and is accurate and complete.
But they have no way of making good on that promise because they are not able to check whether LPS properly collected and processed the data, according to the document processor.
“We’re basically copying and pasting” information from the LPS system, she said. “It’s data entry. We just input (on the affidavit) what’s on that system. And that’s it. We don’t go back through system and look.”
You’re talking about massive, massive fraud. And this is what the state Attorneys General and the federal regulators gave up, in exchange for their non-investigatory investigation.
This story is familiar here, but not necessarily to the MSNBC.com audience. I applaud them for putting this long piece together that synthesizes a lot of the information that’s been out there for years. This is the real scandal here, a corrupted residential housing market that actually cannot be put back together.




23 Comments

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I went through this system a few years ago. I sent in our paperwork five times! It was always wrong but no one could tell me why.
Now, I may be in a position to buy a teeny tiny townhouse with the help of my family. It would be paid for in total. Would it really be mine? Or could some overbearing jerkass bank come along and mistakenly take it from me? How many people even know this threat is out there? How many are not buying houses due to the insecurity of the title?
I am actually just entering the home buying process for the first time, right now.
I can’t speak for others, but title security is a HUGE deal to me. The entire system sucks, and I really don’t want to be one of the people caught standing when the music stops.
David, the 50 AG settlement gave away criminal prosecution of these cases. It did not, and could not, immunize the banks in case by case civil suits. The problem is that most homeowners cannot afford the legal services to fight, and when you do fight, the bank does eveything it can to rachet up the legal bill (multiple motions, frivolous appeals, etc.) to wear out the homeonwer from being able to continue to fund the case.
That’s why a homeowner was awarda a few million a week or two ago in punitive damages, because the bank , and I think it was Wells Fargo, ran up the homeowner’s legal cost to the tune of a couple hundred thousand dollars over a foreclosure amount of only $24K.
It is this same behavior that got Lynn Syzmoniak a multi million dollar settlement on her whistle blower suit.
It’s the civil cases. One house at a time. If I had the money, I would set up a legal clinic to do these kinds of cases. I have tried to interest local law schools in setting up such clinics, but so far, no success.
The wrecking of the title system and, thus, the whole home owner dream has been ended by the banksters with the federal govt as accomplices. Our national ship has been piloted onto the rocky shore and crashed, perhaps irreparably. Until the mortgage situation is fixed, anyone looking for a place to live now is probably better off renting. In order to protect the banks, this sham group was set up that schneiderman sold out to, and there is nobody interested in fixing the problem. The chump change that the group of banks will pay to wash away their sins is lost in the weeds of their gross and it will be a tax write-off when they get around to bothering because there will be no real enforcement.
I guess that civil cases of mortgage fraud doesn’t have the cache of saving someone on death row. I hope that you can get something going. The problem seems to me that even if you get an award in civil court, there is no way to force compliance by the losing defendant. I’m not speaking from knowledge, just the little I’ve seen in low level award cases.
Do you mean to tell me that the system is broken? That massive, massive fraud is occurring right under the noses of the authorities? I have half a mind to write to my congressperson and demand that they enact some sort of laws or create some kind of commission or Department of Justice to prevent these egregious offenses and perhaps even prosecute the perpetrators in the future.
I don’t know about you, but I’d sure like to know how title insurance companies can even operate in this environment?
How could anyone ever again be sure who truly owns any particular piece of property?
All roads lead to MERS, and they might as well be the mafia.
Cynthia,
Instead of each individual needing to file a lawsuit against their bank/servicer/whoever, did that “agreement” take away our right to file any class action lawsuits?
I’m somewhat leery of class action anything right now due to being screwed on the actual settlement amount ending up at almost nothing in a different suit, but would think it’s at least one recourse to be considered.
In California residential real estate transactions rely on the title company. Our local paper is full of righties blaming the victim and writing FOX talking points, but they have no understanding of real estate. Last week the Attorney General was to speak at the State Legislature about a few laws that would begin to improve the situation like limiting robo-signing. They shouted her down and she had to leave without speaking. The County Department of Records says they only record documents, but do not look for fraud.
Can we ever return to a the rule of law with these crazy people obstructing and destroying government?
Cynthia, try this school and this person.
You are doing just fine. These are world class criminals who obviously have been planning this for years. Enron, was the rehearsal, stealing our energy supplies. Then Goldman Sachs has gone in for the kill, stealing our homes.
Paranoid narcissists running the world.
Do you know Marjorie Cohn? I remember her from stories about Bush admin. war crimes (she wrote a book), but not so much lately. I don’t think I’ve ever heard of her in connection with real estate or financial fraud.
Hi Mary,
In CA are insurance companies that offer “land title insurance”. irrc at least from long ago, a title check is mandatory for sales involving mortages, and either the buyer or the seller pays for the title check, varying in different parts of CA. Briefly, as far as can gather from quick google, that could, or at least in the past would protect if title check prior to sale was inaccurate.
I have no idea what is going on in this industry now, given the tangled MERS chain of title problems.
But, you might call some of the companies that offer “land title insurance” and ask the hard questions. Course you would be talking to someone who wants to sell you something, at least you might start investigating the issue this way.
It might take some inventive googling to get unbiased or realistic info on the state of “land title insurance” in CA now. Big research project. Insurance companies can be quite obstructive in paying out for loss/ damages, but that comment is based on my mother’s experience after 1994 NR quake (house was 3 miles from epicenter).
Given that DDay is in CA, this might make for an interesting research project for him too (hint, hint).
VG
Every problem in the Bankster business, at some point can show a “make your numbers” problem. Management calls it productivity but by its nature it sacrifices accuracy. And the numbers are always of paramount importance.
She wasn’t laughed out I don’t think — it sounds like she had the rug pulled out from under her when the bills were pulled (by a Democrat) just before she was scheduled to speak on them:
There’s a followup yesterday in the Sacramento Bee, Stalled mortgage bills headed for joint conference committee, but I wish I grasped bigger.
Whoops, fixing the last link: http://blogs.sacbee.com/capitolalertlatest/2012/04/stalled-mortgage-bills-headed-for-joint-conference-committee.html
(was missing the “l”: .html)
This is a good start, David, but the punchline is it is a threat to state sovereignty itself!!!
By hopelessly entangling title in one illegal transaction after another, bypassing state mechanisms in place to transfer and quiet title legally, and in accordance with state law, as is necessary given that we are talking about land that literally belongs to the state itself and its residents, the banksters have created a situation that cries out for a uniform solution.
Only.. the federal government has no authority or jurisdiction to resolve the issue of title in sovereign states. Should it attempt to do so we will have the makings of a real live revolution as the federal government will inevitably attempt to assert jurisdiction and control veiled by an “effort” to “fix” this mess.
The states will have to sort this out one by one and resist any effort to federalize a solution.
These fuckers should all be in jail.
“I must confess that I don’t throw this in everyone’s face nearly enough.”
There can never be enough written about this, and that writing should go on indefinitely. This travesty should not be allowed to slip into the memory hole.
You have done wonderful work, along with Bill Black, Yves Smith, Matt Taibbi and Abigail Field. Former TARP IG @neilbarofsky’s tweets on the subject are great. I hope all stay with it.
Thank you. It’s just so validating every time the truth is told. No, I have not be exaggerating about the level of inaccuracy or fraud on my statements. No, lawyers are not waiting in line to take on these complex cases. My lawyer needed me to make a copy of every payment (a monthly statement from my bank going all the way back to 2001 so he would know in advance that I did indeed make the payments). Not impossible but somewhat expensive when your husband is unemployed and you are living on half the salary trying to hang on to your house by your fingernails.
All we can do is keep on telling the truth! Thank you!
Penalty with payment to the homeowners only occurs when the bank has lawyers that are unreasonable.
My experience – and my daughter’s experience who “wins” these cases pro-bono – is that all you win is a delay in the foreclosure eviction as the bank reconstructs the documents – there are no free homes given out by the courts.
As to the issue of title in sovereign states – MERS – the hedge funds and investment banks that scream the loudest about this were the same folks back in the 90′s that insisted on the MERS approach so they could get more product more quickly and at a low cost.
The “throw this in everyone’s face” approach now pushed by the hedge funds – as they claim to be innocent investor victims – is the result of the hedge funds seeing massive profits if they can get “put back” forced by the courts. The hedge funds/investment banks were never into doing justice and writing wrong – and they are not now.
It will be interesting to see how the MERS mess ends – whether or not a Federal law for investments that are securitized will allow the MERS approach. But this is not about right and wrong – just look at who is to get the money – and take a guess at their motivation for “throw this in everyone’s face” (in this post of mine I refer only to MERS in my reference to “throw this in everyone’s face” – not the over all fraud where I think you, David, are spot on in your criticism)
So here’s what really tears it for me. Obama wants to win the election – run on this, he would win.
Why doesn’t he? I don’t know. Maybe he wants to lose cause he sure as shit isn’t getting my vote until he ACTS on this stuff.
BARRY FAGAN V WELLS FARGO BANK
1. Barry Fagan v Wells Fargo Bank Re Motion For Reconsideration of Order Sustaining Defendant Wells Fargo Bank’s Demurrer Without Leave to Amend Memorandum of Points & Authorities
http://www.scribd.com/doc/88522002/Barry-Fagan-v-Wells-Fargo-Bank-Re-Motion-For-Reconsideration-of-Order-Sustaining-Defendant-Wells-Fargo-Bank-s-Demurrer-Without-Leave-to-Amend-Memorand
2.
Barry Fagan v Wells Fargo Re: Reply to Wells Fargo’s Opposition to Plaintiff’s Motion for Reconsideration of the Motion to Compel WITH EXHIBITS A, B, C, D, E, F & G
http://www.scribd.com/doc/89843763/Barry-Fagan-v-Wells-Fargo-Re-Reply-to-Wells-Fargo-s-Opposition-to-Plaintiff-s-Motion-for-Reconsideration-of-the-Motion-to-Compel-WITH-EXHIBITS-A-B
Also, here is an article that just came out today and it clearly discusses that Banks are misrepresenting themselves as owners of the loan and fabricating evidence of this Banks Slammed for Misrepresenting Themselves as Owners of the Loan.
http://livinglies.wordpress.com/2012/04/19/banks-slammed-for-misrepresenting-themselves-as-owners-of-the-loan/
“A legal compendium of cases published by the American Bankruptcy Institute establishes a pattern of conduct by Ameriquest, Wells Fargo and Chase dating back before 2008 in which these and other banks have intentionally misrepresented themselves to the court as owners of the note, entitled to foreclose.”
They cannot explain the altered documents, and attempt to rely on the fact that their name appears on the 2007 Deed of Trust, but have had to alter that document in order to conceal that an assignment has been made.
They cannot provide loan level accounting because they do not own the loan. They have manipulated their evidence in order to conceal their perjury and simply asking them straight questions will only lead to manipulative responses.
JUST BECAUSE THE COURT HAS CHOSEN TO IGNORE BLATANT FRAUD DOES NOT IN ANY WAY SUGGEST THAT FRAUD IS NOT PRESENT AND YOUR ORGANIZATION HAS THE ABILITY TO REVIEW THE RECORDED DOCUMENTS TO SEE THAT THIS TYPE OF FRAUD IS EGREGIOUS.