STOP Foreclosure Fraud Now!

Posted by revolt | STOP Foreclosure Fraud Now! | Sunday 24 October 2010 4:23 pm

STOP Foreclosure Fraud Now! – Read The “90 Day Take Back Program” Parts 1&2 on this site for a detailed explanation of how the Banks have been committing fraud against the American Homeowners, and how you can fight back by taking your property back FREE & CLEAR!

Video – Rep. Alan Grayson Explains Bank Foreclosure Fraud

Posted by revolt | Video - Rep. Alan Grayson Explains Bank Foreclosure Fraud | Monday 18 October 2010 8:23 pm

If you want a nice 8-minute primer into how the foreclosure fraud crisis works, here’s a video from Rep. Alan Grayson, complete with four real-world examples.

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Mortgage Lenders Could Soon Be falling Like Dominos

Posted by revolt | Mortgage Lenders Could Soon Be falling Like Dominos | Monday 18 October 2010 7:44 pm

Economic Shock Therapy for Wall Street: Mortgage Lenders Could Soon be Falling like Dominos

 by Ellen Brown – October 3, 2010 

“Maybe this is like shock therapy.  Maybe this will actually get the lenders to the table and encourage them to work out deals that are to the benefit of everybody.” –Economist Karl E. Case, quoted in the New York Times  

 The hits are coming fast and furiously.  Major Wall Street mortgage lenders could soon be falling like dominos – and looking again for handouts.  

On September 20th, Ally Financial Inc., which owns GMAC Mortgage, the nation’s 4th largest lender, halted evictions and resale of repossessed homes in 23 states.  This was after a document processor for the company admitted that he had signed off on 10,000 pieces of foreclosure paperwork a month without reading them.  The 23 states were all those where foreclosures must be approved by a court, including New York, New Jersey, Connecticut, Florida and Illinois.  

On September 24, Representatives Alan Grayson (D-FL), Barney Frank (D- MA) and Corrine Brown (D-FL) directed a letter to Fannie Mae questioning its use of “foreclosure mills,” which were described as “law firms representing lenders that specialize in speeding up the foreclose process, often without regard to process, substance or legal propriety.”  The letter followed a report by the Florida attorney general’s office in August that it was investigating three law firms that had allegedly fabricated documents in thousands of cases to obtain final judgments of foreclosure. 

On September 24, California attorney general Jerry Brown asked GMAC to halt foreclosures in his state until the lender could prove it was complying with a law that prohibits lenders from taking steps to foreclose a home before making an effort to work with the borrower.  California is a non-judicial foreclosure state, meaning foreclosures do not require the prior approval of a court.  

On September 28, JPMorgan Chase said it was halting 56,000 foreclosures because some of its employees might have improperly prepared the necessary documents. All of the suspensions were in the 23 states where foreclosures require court approval.  

On September 29, the Washington Post reported that a top federal bank regulator had directed seven of the nation’s largest lenders to review their foreclosure processes, after learning about widespread mishandling of homeowner evictions.   Besides JPMorgan Chase, they included Bank of America, Citibank, HSBC, PNC Bank, U.S. Bank and Wells Fargo.  The Washington Post reported:  

The paperwork problems range from potentially forged documents to bank employees who never read borrowers’ files before signing off on an eviction. . . .

“While we don’t expect our review to find that consumers were harmed, we will take appropriate action if we find any impact,” JP Morgan spokesman Tom Kelly said.  

No harm perhaps except the illegal taking of thousands of homes without due process . . . . 

On September 30, Rep. Alan Grayson posted a devastating seven-minute video, in which he gave four real-world examples of such travesties of justice, including a man who was foreclosed on when he didn’t have a mortgage and paid cash for the home; a home that had two foreclosure suits against it because both servicers claimed ownership of the title; and a couple foreclosed on over a contested $75 late fee. 

Grayson blamed the massive foreclosure problems largely on the electronic shortcut called MERS.  “The banks simply digitized mortgage titles into a privatized system, called the Mortgage Electronic Registry System (or MERS),” he said. “And it did the transfers by trading Excel spreadsheets among the banks and trusts, rather than endorsing the notes as required by their own contracts, by state real estate law and by IRS rules.”  He stated that 60 million properties are recorded in the name of MERS — 60% of the mortgages in the USA, and 97% of the loans made between 2005 and 2008.  

On October 1, Bank of America announced that it was delaying foreclosures in 23 states.  

The same day, Connecticut Attorney General Richard Blumenthal took the radical step of putting a  halt to all foreclosures from all banks in his state.  

A Box Even Houdini Couldn’t Escape? 

 All of this is a major headache for the banks, but according to the New York Times, “The companies say they are reviewing their procedures to take care of any violations.”  They seem to think they can correct the problem by redoing some paperwork.  But if the holdings in recent court decisions are upheld, it will not be just a question of hiring extra staff to clean up some files.  For all those mortgages filed in the name of MERS, say these courts, the chain of title has been irretrievably broken.  Humpty Dumpty has had a great fall and cannot be put together again.  

MERS is simply an electronic data base.  On its website and in assorted court pleadings, it declares that it owns nothing.  It was set up that way intentionally so that it would be “bankruptcy-remote,” something required by the credit rating agencies in order to turn the mortgages passing through it into highly rated securities that could be sold to investors.  MERS not only has no assets; it has no employees.  The thousands of people enlisted to sign affidavits on its behalf are merely conduits. 

The arrangement satisfied the ratings agencies, but it has not satisfied the courts.  Increasingly, judges are holding that if MERS owns nothing, it cannot foreclose, and it cannot convey title by assignment so that the trustee for the investors can foreclose.  MERS breaks the chain of title so that no one has standing to foreclose.  The homes are effectively owned free and clear.  

That does not mean the homeowners don’t owe money to someone.  They do.  But the claim for relief is not in “law” (by virtue of an enforceable contract or rule) but in “equity” (a remedy provided just because it is fair), and MERS is not the proper plaintiff.  Every MERS case involves a securitization, which means the real parties in interest are a group of investors somewhere; and before the homeowners can be made to pay, the investors have to come forward and prove not only that they are the parties owed the money, but the actual sums they are owed.  

 In some cases they might already have been paid; for example, by insurers on credit default swaps held by the investment pool.  The investors are entitled to recover in equity only so much as they are actually out of pocket, not the full amount of the original promissory notes, since they were not parties to those notes and there is no way to re-establish the chain of title.  

What About the Non-judicial Foreclosure States? 

Foreclosures have been suspended by JPMorgan, GMAC and BOA in 23 states, but what about the rest?  The others are non-judicial foreclosure states, which means they allow foreclosure through a power of sale clause in a deed of trust without going to court.  The presumption is that if the lender doesn’t have to prove his standing to sue before a judge, he can proceed. 

State laws in non-judicial states allow the sale of a property to satisfy a foreclosure as long as the trustee follows the regulations concerning notice.  That would seem to violate Constitutional due process, but the United States Supreme Court has held that due process protections apply only when the government is involved in the taking of property. When a deed of trust and promissory note are executed between two private parties (homeowners and lenders), there is no automatic due process protection.  The homeowners agreed to it in writing; case closed.  

But here’s the catch: what if the lender signing the original documents is not the party foreclosing on the property?   Then it becomes a question of fact whether the foreclosing party has authority to proceed, and that makes it a judicial issue – a question of fact for the courts. 

If the foreclosing party can show a clear chain of title – an assignment or progression of assignments from the original lender to himself – he is home free.  But courts have increasingly been holding that MERS breaks the chain of title.  Foreclosure expert Neil Garfield argues that even in non-judicial foreclosure states, that means the investors have to go to court to prove their case.  And when they do, they will run up against the brick wall of MERS.  He concludes:  

There will be a head-slapping moment when title carriers, attorneys, judges and administrative agencies and clerks suddenly realize that the monster created on Wall  Street has its equivalent in the public records of counties across the nation.

 I doubt if more than 6-7% of all the foreclosures in the past 10 years have resulted in clear title delivered to anyone.  And the only corrective instrument can come from the original owner. That homeowner is sitting in the catbird seat and doesn’t know it.

Millions of people who THINK they have lost their homes still own them and if anyone wants a signature from those people to clear title, they are going to be required to pay dearly, which is as it should be.  Eventually the purse gets returned to the victim from whom it was snatched.  

To Subsidize or Nationalize? 

Where does that leave JPMorgan, GMAC, Bank of America, and the other major lenders?  Investors have massive claims against these banks, and so do homeowners.  A major title insurance company has already said it will not insure title to properties foreclosed upon by GMAC until further notice.  Moody’s has placed the servicer ratings of GMAC and JPMorgan Chase on review for possible downgrade, and the Treasury is asking regulators for an investigation.  

Investment adviser Christopher Whalen thinks we could soon be looking at more Wall Street bankruptcies.  If so, hopefully we won’t fall into the trap this time of underwriting the losses while letting the banks keep the profits.  If we the people are picking up the tab, we should insist on owning the banks.

Sarasota judge simplifies foreclosure cases

Posted by revolt | Sarasota judge simplifies foreclosure cases | Sunday 17 October 2010 11:31 am

Sarasota judge simplifies foreclosure cases

COURTROOM: A checklist of filing errors can bring a case to a halt

By Todd Ruger

Published: Sunday, October 3, 2010 at 1:00 a.m.
Last Modified: Saturday, October 2, 2010 at 10:18 p.m.

SARASOTA COUNTY – Criminal defense attorneys used to call Judge Harry Rapkin “Hang ‘Em High Harry” for his tough prison sentences, and his latest crackdown in foreclosure court might have home lenders trying to come up with a similar nickname.

Rapkin unleashed a new order last week, aimed at attorneys for lenders who are still making the kind of simple errors that would be considered ridiculous in any courtroom. A lot is at stake; Rapkin sees hundreds of cases where the lender is minutes away from taking someone’s property.

Rapkin’s new order completely dismisses foreclosure cases when they do not follow the simplest of rules.

The judge’s new order has nine check boxes listing the most common mistakes he sees in foreclosures. The most basic — not showing up for a hearing — is listed first. Then there is one for attorneys who filed a motion to win a case that they had previously dismissed, and one for attorneys who filed a motion to win a case they had already won. If one these boxes gets checked, the judge dismisses the case.

The obviousness of the errors is one outcome of the mass volume of foreclosures running through Florida courts and the desire by large legal firms to handle foreclosures en masse, resulting in shoddy practices.

“This isn’t brain surgery,” said Sarasota attorney Michael Belle, who reviews foreclosure filings for the judges as part of a court-sponsored program.

On Sept. 24, the day Rapkin debuted the order, a quarter of the 250 cases seeking his permission to retake property made one of the errors, 61 in all.

Rapkin’s checkboxes give him a quick way to make rulings on the cases. But it also has a twinge of ridicule: as in, can you believe professional attorneys can get things this wrong?

Belle said it is a sad commentary about how a judge feels he must hold the hand of these attorneys just to meet elementary standards.

“Judge Rapkin is now finally saying I can’t trust these guys anymore, so here’s what I’m going to do,” Belle said.

The most direct message gets sent right to the lenders’ pocketbooks. The order dismisses the foreclosure, meaning the lender must pay a filing fee up to $1,900 again if it wants to try to foreclose on the property again.

Attorneys in at least 15 of the 61 cases Rapkin dismissed with the new order have already tried to get a rehearing to try to save their case.

The foreclosure system is still overwhelmed by cases, with attorneys for some lenders each handling thousands of cases.

Foreclosure defense attorneys have decried the paperwork from lenders for years. Now, problems with paperwork have led some lenders to halt foreclosures in up to 23 states, and the Florida Attorney General’s Office is investigating possible fraudulent documents being used to retake homes.

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One Million Homeowners Win Foreclosure Breather

Posted by revolt | One Million Homeowners Win Foreclosure Breather | Sunday 17 October 2010 11:09 am

One Million Homeowners Win Foreclosure Breather as 3 Big Banks Goof on Alleged Fraudulent Actions

Posted by Alex Finkelstein 10/04/10 8:02 AM EST 

  • Bank of America, JP Morgan Chase and GMAC Mortgage Halt Foreclosure Actions in 23 States.
  • At Least One Bank of America Official Signed Off on 8,000 Foreclosure Applications Without Reading Them.
  • Other Lenders Acknowledge Automatically Signing Off on “Tens of Thousands) of Foreclosure Actions.
  • Office of the U.S. Comptroller of the Currency Tells 7 Big Banks to Immediately Check Their Foreclosure Procedures.
  • The Federal National Mortgage Association (Fannie Mae) followed Up by Directing 1,400 Loan Services to Check all Their Foreclosure-Filing Paper Work.
  • Connecticut Attorney General Richard Blumenthal Freezes all Foreclosure Actions for 60 Days.
  • California Attorney General Jerry Brown Demands JP Morgan Chase to Show the Bank Fully Complied With State Foreclosure Law.
  • Temporary Foreclosure Halt Means Market Won’t Be Flooded With More Houses for Sale, Giving Prices a Chance to Stabilize.
  • Thousands of Lawsuits by Homeowners Against Lenders Involved Expected to be Filed Shortly.

An estimated one million U.S. homeowners, behind in their mortgage payments, are breathing easier today after three of the country’s largest banks agreed to immediately stop new foreclosure actions until they could review sloppily-read foreclosure filing by their own staffs.

The lenders are Bank of America, JP Morgan Chase and GMAC Mortgage Co. owned by Ally Financial Inc.  They are temporarily halting foreclosure actions in 23 states.

They are Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Nebraska, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Vermont and Wisconsin.

Several states are stepping up pressure to halt foreclosures. 

– On Friday, Oct. 1,  Connecticut Attorney General Richard Blumenthal asked a state court to freeze all home foreclosures for 60 days. Doing so “should stop a foreclosure steamroller based on defective documents,” he said, the Associated Press reported.

– California Attorney General Jerry Brown called on JPMorgan to suspend foreclosures unless it could show it complied with a state consumer protection law. The law requires lenders to contact borrowers at risk of foreclosure to determine whether they qualify for mortgage assistance.

– In Florida, one of the country’s largest residential real estate markets,  the state attorney general is investigating four law firms, two with ties to GMAC, for allegedly providing fraudulent documents in foreclosure cases.

In Ohio, the attorney general this week asked judges to review all GMAC foreclosure cases for their legality.  

The banks so far have not disclosed the total number of foreclosure actions they are reviewing, but banking industry insiders have told the electronic and print media about one million applications are being checked. A source at JP Morgan Chase told the media about 50,000 foreclosure applications are being reviewed at his bank.

The announcement by the three banks late Friday, Oct. 1, marked the newest scandal emanating from Washington, but this time not directly affecting President Barack Obama’s revolving-door stable of Administration executives.

Still, the government quickly became involved by the Office of the Comptroller of the Currency ordering seven of the largest lenders in the U.S. to immediately review their procedures in handling foreclosure applications.

Those lenders are JP Morgan Chase, Citigroup, HSBC, PNC, Wells Fargo, Bank of America and U.S. Bank, which is not affiliated with the federal government.

The Federal National Mortgage Association (Fannie Mae), owned by the government, followed up by ordering 1,400 loan servicers nationwide to re-check their foreclosure-filing paper work.

Bank of America officials acknowledged one of their staffers had regularly signed off on about 10,000 foreclosure actions without actually reading the application. Unidentified officials at other banks acknowledged to online and print media that their staffs regularly sign off on “tens of thousands” of foreclosure actions without actually reading them at all.

Real estate executives, lawyers and lenders are involved in this latest Washington scandal.  Thousands of lawsuits are expected to be filed by homeowners against the lenders involved, alleging fraud in filing the foreclosure applications.

A lawyer for a homeowner in one case already, James O’Connor of Fitchburg, MA, told The Wall Street Journal alleged illegal foreclosure actions by lenders are rampant throughout the industry. “We have had thousands, maybe hundreds of thousands of foreclosures around the country by entities that did not have the right to foreclose,” O’Connor said.

“The general level of sloppiness is pervasive around the industry,”  Diane Thompson, counsel at the National Consumer Law Center, told the WSJ.

For the homeowners, the action by the banks gives them a little more time to catch up on their delinquent mortgage payments. For the residential real estate market, the action means fewer houses will be dumped in the for-sale arena, giving falling prices a chance to stabilize.

For the real estate market as a whole, the banks’ actions give the industry another black eye at a time when it is struggling to regain the public’s confidence.

For commercial statistical houses, such as RealtyTrac of Irvine, CA which RealEstateChannel regularly publishes, the temporary halt in foreclosure filings means the numbers for the next several months will be skewed, says Rick Sharga, a RealtyTrac senior vice president.

That means October and November’s reports will likely show an artificially low number of foreclosure starts. Some might interpret the falling numbers as improvement. But “don’t get too excited about the market getting better,”  Sharga warns. Provided the paperwork is in order, which Sharga thinks will be the case in many of the stalled foreclosures, REO (real-estate-owned by the bank) actions, or actual foreclosures, will likely spike early next year.

“Don’t panic and think everything is sinking,” he tells The Wall Street Journal.

Earlier this month, RealtyTrac reported that lenders foreclosed on more than 95,000 properties in August, shattering the report’s previous record dating back to mid-1995. The good news? Delinquencies appear to be slowing down, meaning fewer foreclosures are headed for the pipeline.

Fannie Mae last week said serious delinquencies on single-family mortgages slid in July from June, the fifth-straight month of declines, the WSJ reports. Barring further economic upheaval, Sharga speculates foreclosure filings should peak next year, followed by a gradual reduction in 2012. This “significant overhang of distressed properties” will spend 2013 being sold off, he tells the WSJ. He predicts the residential market will be normal again in 2014.

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Bank of America to Freeze Foreclosure Cases

Posted by revolt | Bank of America to Freeze Foreclosure Cases | Sunday 17 October 2010 9:40 am

Bank of America to Freeze Foreclosure Cases

By DAVID STREITFELD  Published: October 1, 2010

Bank of America, the country’s largest mortgage lender by assets, said on Friday that it was reviewing documents in all foreclosure cases now in court to evaluate if there were errors.

 It is the third major lender in the last two weeks to freeze foreclosures in the 23 states where the process is controlled by courts. But Bank of America went further than the first two lenders, GMAC Mortgage and JPMorgan Chase, which have said they will amend paperwork only in cases they think were improperly done.  

So far, that has amounted to only a handful of cases. Bank of America, in an e-mailed statement, said it would “amend all affidavits in foreclosure cases that have not yet gone to judgment.” That could mean tens of thousands of foreclosure cases would be in limbo for months or, if the consumers in default hire lawyers, years.  

Spokesmen for the bank said that they were uncertain how many cases the lender currently had in court. They provided no timeline or explanation for the freeze, saying only that the bank planned to eventually resubmit all the cases.

The moratorium is likely to further fuel the uproar over the foreclosure tactics of the big lenders, which continued to have political ramifications on Friday.

Before Bank of America’s announcement, Richard Blumenthal, the Connecticut attorney general, asked judges in his state to put a halt to all foreclosures for 60 days.  

Connecticut is one of the 23 states where foreclosure is a judicial matter. Others include Illinois, Florida, New Jersey and New York. Mr. Blumenthal, who is running for senator in Connecticut, said the freeze “should stop a foreclosure steamroller based on defective documents and enable effective remedies.” 

California’s attorney general, Jerry Brown, said that Chase should stop any foreclosures in the state until it proved that it was following the law. Mr. Brown, who is a candidate for governor, earlier made the same demand of GMAC.

In California, lenders generally pursue foreclosures outside of the court system, so they are presumably still proceeding with evictions. Chase declined to say whether it would comply with Mr. Brown’s comments.  

Chase said this week that it had frozen 56,000 foreclosure cases. GMAC, which is largely owned by the Treasury after receiving $17 billion in federal bailout money to prevent its collapse, has repeatedly declined to say how many cases it is halting.  

The nation’s two other major lenders, Citi and Wells Fargo, have issued statements maintaining they have no problems with their cases.

The problem for all the lenders that have announced moratoriums stems directly from their attempt to deal with an unprecedented number of foreclosures.  

According to LPS Applied Analytics, a mortgage data firm, 2 million households are in foreclosure. Another 2.37 million households are seriously delinquent and waiting for their lender to take action.

Sometimes these loans are still owned by the lender but often, the banks are merely the loan servicer acting on behalf of the owner. Many of the loans are owned by Fannie Mae and Freddie Mac, the mortgage holding companies now controlled by the Treasury. In other cases the loans have been sold to private investment pools.  

Confronted with so many cases, the lenders tried to process them on a wholesale basis, with the goal of avoiding the expense of a full trial and instead getting summary judgments. The tool for doing this was the so-called robo-signers, in which mid-level bank executives would sign thousands of affidavits a month attesting that they had personal knowledge that the facts of the case were as presented.

The affidavits were prepared by lawyers who were paid a flat fee, which also placed a premium on volume. When defense lawyers started deposing these robo-signers, they acknowledged that they could not possibly have knowledge of all the cases. The banks say this is a technicality and they will refile the proper affidavits. The defense lawyers say the practice calls the cases, and indeed the entire process, into question.  

Thomas Lawler, a housing economist, said the current mess was predictable and probably inevitable. Lenders made their money by making loans and then simply and efficiently servicing them by collecting the checks every month. They were never prepared to deal with the labor-intensive problems of delinquency and foreclosure.

“However, the foreclosure crisis is now almost three years old, and not having staffed up sufficiently to deal with the problems with inadequate staffing borders on criminal,” Mr. Lawler said. “I mean, jeepers, look at the unemployment rate; how hard would it have been to hire more folks?”

Mark Stopa, a Florida lawyer who represents defaulting homeowners, said the magnitude of the current troubles depends on how title insurance companies react. If those firms begin to shy away from insuring foreclosed properties because they think those properties are vulnerable to claims, he said, the entire housing market could suffer.  

“Judges have to force banks to do foreclosures correctly,” Mr. Stopa said. But he noted that would require a significant increase in staff. “I’ll believe it when I see it,” he said.  

Stocks of the major title insurance companies dropped on Friday amid concern that their business would suffer as a result of the foreclosure freezes. Fidelity National Financial fell more than 4 percent, while First American Financial dropped 3 percent.  

One firm, Old Republic National Title, said this week it would not issue policies on GMAC foreclosures until further notice.

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62 Million Homes Could Be Foreclosure-Proof! – Fox News Video

Posted by revolt | Video - 62 Million Homes Could Be Foreclosure-Proof! - Fox News Report | Friday 1 October 2010 1:15 am

Fox News broadcast confirms that the courts have rejected MERS right to foreclose on homeowners’ homes, and thus 62 Million Homes Could be foreclosure-Proof!

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