Jan
26

Another green-tech stimulus recipient files for bankruptcy

The SOTU kiss of death?


In last year’s State of the Union speech, Barack Obama hailed the great investment he made with taxpayer dollars in the manufacturer of advanced solar panels, only to have Solyndra go down the tubes — taking more than a half-billion dollars in taxpayer money with it.  In this year’s SOTU speech, Obama bragged about having [...]

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Dec
29

Fannie Mae Servicing Guide Announcement SVC-2011-22 | Documentation Requirements for Foreclosure and Bankruptcy Referral Packages

Effective for foreclosure referrals on and after March 1, 2012: In all circumstances in which an assignment of mortgage to the party in whose name the foreclosure will be conducted is required, servicers must ensure that, no later than the time of the foreclosure referral to an attorney (or trustee), the mortgage has been validly … Read more Related posts:
  1. Fannie Mae Announcement SVC-2010-10 Miscellaneous Servicing Policy Changes
  2. Jennifer Brunner Ohio Secretary of State Referral Letter to U.S. District Attorney Steven Dettelbach RE Foreclosure Fraud
  3. Fannie Mae Update – MERS must NOT be Named as a Plaintiff in ANY Foreclosure Action Ever Again
Dec
29

Fannie Mae Servicing Guide Announcement SVC-2011-22 | Documentation Requirements for Foreclosure and Bankruptcy Referral Packages

Effective for foreclosure referrals on and after March 1, 2012: In all circumstances in which an assignment of mortgage to the party in whose name the foreclosure will be conducted is required, servicers must ensure that, no later than the time of the foreclosure referral to an attorney (or trustee), the mortgage has been validly … Read more Related posts:
  1. Fannie Mae Announcement SVC-2010-10 Miscellaneous Servicing Policy Changes
  2. Jennifer Brunner Ohio Secretary of State Referral Letter to U.S. District Attorney Steven Dettelbach RE Foreclosure Fraud
  3. Fannie Mae Update – MERS must NOT be Named as a Plaintiff in ANY Foreclosure Action Ever Again
Dec
19

Welcome Back Melissa Jacoby

A few evenings ago, a wonderful e-mail arrived in my inbox from Melissa Jacoby, the Graham Kenan Professor of Law at the University of North Carolina. Melissa was one of the founding members of Credit Slips, and she was writing to accept our invitation to come back and guest blog. Melissa is a nationally recognized expert on bankruptcy, debtor-creditor, and commercial law. It is great to have her voice back with us even if it is just for a while.

Nov
27

THE RETURN OF DEBTORS PRISONS: Collection Agencies Now Want Deadbeats Arrested (VIDEO)

This practice, needless to say, is preposterous. If people can’t pay their debts and have no prospect of being able to pay their debts, they should declare bankruptcy. And the debts should be written off. Companies don’t go to jail when they default. Neither should people. ~ 4closureFraud.org Tweet Related posts:Pot, Meet Kettle | Bank … Read more Related posts:
  1. Pot, Meet Kettle | Bank of America Sues HOA’s, Trustees and Collection Agencies Over Foreclosure Fees
  2. Matt Weidner | You’re All A Bunch of Deadbeats – Just Pay Your Debts
  3. Angry Homeowners Arrested at Wells Fargo Shareholders Meeting
Nov
16

Corzine’s $12 million

I know this is a bit tardy, but I've been meaning to post on this. A couple weeks ago, the media were making a big deal about Jon Corzine renouncing the $12 million in severance he is owed by MF Global. But he isn't. He's walking away from a $12 million general unsecured bankruptcy claim (as far as I can tell he's not secured) against an entity that looks to be deeply insolvent. Heck, his claim might be subject to equitable subordination. In any case, his bankruptcy claim for the severance isn't worth anything close to $12 million. If it pays out $1 million, I'd be surprised. The difference between the face and bankrutpcy value of the claim was universally missed in the reporting.

Nov
07

NJ Law Revision Commission Agenda Proposal Limiting Foreclosures to Recorded Mortgage Interest Holders, MERS

Proposal Would Limit Foreclosures to Recorded Mortgage Interest Holders Mary Pat Gallagher New Jersey Law Journal Changes afoot to the state’s mortgage recording statute and other laws would clarify who has the right to foreclose on a mortgage when the debt has been assigned by the original lender and the paper trial is incomplete or … Read more Related posts:
  1. M E R S – Mortgage Electronic Registration Systems Foreclosure Bankruptcy Decision – This Court is Convinced that MERS had NO Interest it Could Transfer
  2. H.R. 4953 Miller, Ellison Introduce the Mortgage Servicing Conflict of Interest Elimination Act Bill to Address Conflict of Interest in Mortgage Companies
  3. Kenton Kentucky Court Order – Foreclosure Complaints Must be Accompanied by Note and Recorded Mortgage with ALL Allonges, Endorsements, and Assignments
Nov
05

Get your Independent Foreclosure Review!

OCC and the Federal Reserve announced this week that banks who service mortgages will be sending letters to homeowners this month and next, offering them an opportunity to request review of any 2009 or 2010 foreclosure.  Every homeowner who asks gets a full independent review by a foreclosure auditor.  A homeowner who was in any stage of foreclosure in 2009 or 2010 is eligible for review and possible compensation.  The request for review runs to five pages, and the web site is not exactly user-friendly.  There is also a toll-free number to apply:  888-952-9105.

Compensation will be paid (in the amount determined by the independent reviewers discussed on this blog previously) for financial injuries resuting from errors, misrepresentations or deficiencies in the foreclosure process.  Examples include foreclosures during bankruptcy or against an active-duty service member, improper legal or other fees, or foreclosure while a homeowner is in trial or permanent modification plan.  The deadline to request a review is April 30, 2012.  A request for review will not stop foreclosure, and redress payments will not require borrowers to release claims or affect any pending foreclosure litigation or bankruptcy proceeding.  The foreclosure reviews are being done by consulting firms, such as Price Waterhouse and Promontory.

However weak or unreliable this process may be, homeowners have nothing (other than some time) to lose by applying for a review.  Borrowers in foreclosure litigation or bankruptcy might also want to seek discovery of their audit/review files to see what deficiencies were identified (or missed).

Oct
31

A Tale of Two (More) Bankruptcies

It was the greenest of times, it was the reddest of ink.


Stop me if this sounds familiar.  The Department of Energy approves multi-million-dollar loan to green-tech energy firm as part of its job-stimulus bill, only instead of stimulating jobs, the company declares bankruptcy.  In this case, it only took a year after the loan was granted for Beacon Power to file for protection from its creditors: [...]

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Oct
28

A View from the Bench (Foreclosure Mills) | Lawyers, Judges Debate Florida’s Foreclosure Backlog

Tobin said he wouldn’t call his new job “fun,” but said it was a natural evolution. “My job is to oversee the operation as best I can,” he said. “That was my job in the courthouse also.” ~ Thank you to everyone that came out to protest this event. ~ Lawyers, judges debate Florida’s foreclosure … Read more Related posts:
  1. JQC Complaint | Florida Judges SELL OUT a View from the Bench. Oct 28th Ft. Lauderdale Protest Judicial Bias
  2. Road Trip | A View from the Bench Oct 28th Ft. Lauderdale Protest of Judicial Bias
  3. Victor Tobin of Marshall C. Watson along with the Akerman Senterfitt firm to Moderate a View From the Bench: Bankruptcy & Foreclosures – October 28
Oct
27

Road Trip | A View from the Bench Oct 28th Ft. Lauderdale Protest of Judicial Bias

Florida Judges are meeting with bank lawyers to discuss how to work together to kick more Floridians out of their homes. Would these judges meet with regular everyday Florida families (the 99%) to help them use the courts to keep their homes? Guess who’s moderating this forum! Yes, Victor Tobin who was the CHIEF JUDGE … Read more Related posts:
  1. JQC Complaint | Florida Judges SELL OUT a View from the Bench. Oct 28th Ft. Lauderdale Protest Judicial Bias
  2. Victor Tobin of Marshall C. Watson along with the Akerman Senterfitt firm to Moderate a View From the Bench: Bankruptcy & Foreclosures – October 28
  3. DOES THE CORRUPTION EVER STOP!!! Broward Chief Judge Victor Tobin Gets Promotion, Leaves Bench For New Position At Marshall C. Watson
Oct
27

Two worlds and in between

A discussion about why nation-by-nation bankruptcy fails when dealing with global enterprises, here.

Oct
22

Video: Another Democratic Congressman who, er, hates Congress

Bankruptcy -- financial, political, and otherwise.


Remember when Democrats in Congress and out used to screech about the dictatorship of the “unitary executive” during the Bush administration? Good times, good times. For the second time this month, Nicholas Ballasly of the Daily Caller finds a Democratic Representative that cheerleads for the idea of a President bypassing Congress, evading limitations on power, [...]

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Oct
19

JQC Complaint | Florida Judges SELL OUT a View from the Bench. Oct 28th Ft. Lauderdale Protest Judicial Bias

Florida Judges SELL OUT a View from the Bench. Oct 28th Ft. Lauderdale Protest Judicial Bias Posted by L Florida Former Chief Judge Victor Tobin left the Broward Court to work at a fraudclosure mill which had been under investigation by the Florida Attorney General for foreclosure fraud in July 2011. He is moderating a forum with his former judge collegues to … Read more Related posts:
  1. Victor Tobin of Marshall C. Watson along with the Akerman Senterfitt firm to Moderate a View From the Bench: Bankruptcy & Foreclosures – October 28
  2. KABOOM | Freddie Mac Takes Foreclosure Files from Fort Lauderdale-based Marshall C. Watson Law Firm
  3. Opinion Piece on Florida Rocket Dockets and Robo Judges by J. Thomas McGrady – Judges Fulfill Proper Role in State’s Foreclosure Crisis
Oct
06

Surprise: Head of Energy Department’s loan program steps down amid Solyndra probe

Hmmm.


Is one sacrificial lamb enough or will Steven Chu be next to decide that he wants to spend more time with his family? Jonathan Silver, who was named executive director of DOE’s Loan Programs Office in November 2009, has come under fire from congressional Republicans since the solar manufacturer Solyndra declared bankruptcy Aug. 31 after [...]

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Sep
28

Research: Despite Solyndra, American people believe green energy is a sound investment

Not dinner table conversation.


Recent survey and focus group research conducted in Ohio and California by Public Opinion Strategies and Fairbank, Maslin, Maulin, Metz & Associates reveals that “Solyndra” is a scandal known mainly to news junkies — and that many Americans remain committed to clean energy investments. Just 11 percent of 650 Ohio voters surveyed after Solyndra declared bankruptcy [...]

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Sep
24

Missouri stimulus beneficiary hosting a $25,000-a-head fundraiser for Obama

Another Obama crony.


Against the backdrop of the Solyndra bankruptcy, what might have seemed innocuous a few months ago seems more than a little sketchy now. Tom Carnahan is at the helm of Wind Capital Group, an investment firm that received a $107 million federal tax credit to develop a wind power facility in his home state of [...]

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Sep
23

Victor Tobin of Marshall C. Watson along with the Akerman Senterfitt firm to Moderate a View From the Bench: Bankruptcy & Foreclosures – October 28

Sounds more like a view from the “Foreclosure Mills.” Check out the moderators… View From the Bench: Bankruptcy & Foreclosure Friday, October 28, 2011 8:30 a.m. – Noon Broward Center for the Performing Arts Abdo New River Room 201 S.W. 5th Avenue Ft. Lauderdale, FL 33312 Click here to register Panel 1: The Current State of … Read more
Sep
16

Pending bankruptcy didn’t keep Solyndra from sending cash to lobbyists

Investments.


The collapse of Solyndra looks inevitable in retrospect — and for auditors who reviewed their loan application that the Obama White House expedited and to the employees who worked there, it looked inevitable before it happened, too.  This has many wondering just what business model Solyndra used to keep the company going as long as [...]

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Sep
16

Pending bankruptcy didn’t keep Solyndra from sending cash to lobbyists

Investments.


The collapse of Solyndra looks inevitable in retrospect — and for auditors who reviewed their loan application that the Obama White House expedited and to the employees who worked there, it looked inevitable before it happened, too.  This has many wondering just what business model Solyndra used to keep the company going as long as [...]

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Sep
14

We’re Simply Not Going to Win this Battle in Courts Alone…

We’re Simply Not Going to Win this Battle in Courts Alone…

As I sit here today, I’ve written and posted over 500 articles covering the financial and foreclosure crises… posted a few podcasts as well… and traveled around the country meeting with many of those involved in the fight against the servicers on behalf of homeowners.  And I’ve come to the conclusion that we will not win this very important fight in the courts alone… at least not in my lifetime.

I realize that we continue to see encouraging decisions come from various courts around the country… a helpful bankruptcy decision shows up in Arizona or California… courts in Massachusetts, New Jersey or New York deliver another positive outcome… the courts in Nevada or Vermont have made other positive changes related to foreclosures… and the State of Hawaii passes a new law that offers the promise of mandatory mediation… all positive news in various pockets of the country… but no substantive improvements for homeowners in broader terms.

But it’s not enough.  The truth is that I simply do not see the reality of this crisis changing as a result of continuing the status quo.  After all, the definition of insanity is doing the same thing and expecting a different result, right?

So, here are the facts…

  1. At least half of the people in this country still don’t know anything about the foreclosure crisis… many don’t even recognize it as a “crisis” at all.  To them it’s just irresponsible borrowers who bought homes they can’t afford.
  2. This is true about American homeowners and about many in state legislatures and in the media.
  3. Writing articles is one thing… seeing the crisis as told through the real people who face it every day is another thing altogether.  We need to tell the story in documentary style film.
  4. “Inside Job” told the story of what the bankers have done, but it’s only a part of the story… a part of the tragedy.
  5. The banksters get away with what they do every day because not enough people know about their behavior.  We need to show the country what’s really going on.
  6. I want to bring to the big screen the real story of the foreclosure crisis… the story no one has told before… but I need your help… your willingness to be filmed… and your financial support.

During my professional career I’ve produced and won numerous awards for documentary style video productions made on behalf of large corporations.  I’ve also told the story in written form at least as much, if not more, than anyone in the country.

Help me bring the story to the big screen by donating to the production.  It cannot be done without your help.  It’s that simple.

We plan to release the final film by the end of this calendar year.  This is an election year.  We can’t afford to wait.  Please help me change how this country views the tragedy that is the foreclosure crisis.  And by the way… Mandelman Matters is a California Nonprofit Corporation.

Mandelman out.

Sep
06

CDS News

I've got a Dealbook post up about an interesting dispute that has cropped up with regard to the definition of "Bankruptcy Credit Event" as used in the ISDA CDS definitions.

Aug
31

Solyndra shuts its doors

Unexpectedly.


At one time, Solyndra was the poster child for Barack Obama’s promise of a green-jobs explosion.  Today, the solar-energy technology manufacturer a poster child for the failure of his stimulus, his green-jobs push, and social engineering in general.  Solyndra abruptly shut its doors today and declared bankruptcy, two years after getting over a half-billion dollars [...]

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Aug
30

Keeping Up With

For those Slips readers who are not regular Bloomberg people, I highly recommend today's bit from Bill Rochelle about the 5th Circuit's recent bankruptcy decisions, and the role of Chief Judge Jones.

Aug
23

Stern Consequences

The folks at the Weil bankruptcy blog do a great service in summarizing some of the initial consequences of the US Supreme Court's Stern v. Marshall decision. Suffice it to say, Mr. Chief Justice Robert's optomisim may have fallen. At the first hurdle.

Aug
22

"Homeowners Need Help"

That's the headline of the lead editorial today in The New York Times.  The Gray Lady urges the Obama Administration to adopt solutions that reduce principal to restore homeowner equity as an essential step to economic recovery.  Principal pay down in bankruptcy gets a mention.  

Aug
14

Surprise! California high-speed rail cost explodes

The Bankruptcy Express.


Do I hate to say, “I told you so“?  Er … not really: Building tracks for the first section of California’s proposed high-speed rail line will cost $2.9 billion to $6.8 billion more than originally estimated, raising questions about the affordability of the nation’s most ambitious rail project at a time when its planning and [...]

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Aug
01

Ain’t That the Truth

"[L]et us stress being a professor specializing in bankruptcy is not a power position, even at Harvard Law School."

That high truth-value statement is from Yves Smith's post over at Naked Capitalism pondering whether Elizabeth Warren should run for president, a post that comes across as more of a thought experiment on what Obama's failure to appoint Warren to the CFPB post means for the political left. But, I like the idea of blogging for Credit Slips as a step toward the presidency.

Jan
12

Strategic Defaults Don’t Really Exist… Who would have thought that? Oh, that’s right… ME.

Hey, it’s about time! Finally someone who might be listened to has realized that there’s actually NOT a group of homeowners in this country that can afford their mortgage payments no problem, but have just decided not to pay them because they’re underwater.  You know, the type with plenty of cash on hand, that hasn’t lost a job or had a real hardship, but just doesn’t like the fact that his or her house is worth less than they owe and so decides renting would be better.

Blogger Rortybomb has published a piece on Seeking Alpha that should set the record straight… finally.  It’s titled: Strategic Default: Watch as Elites Freak Out About a Trend That Isn’t Happening.

I swear, I’m thinking of just re-posting my articles from last year, this year… maybe they’ll make more sense to more people the second time around.

Here’s what Rortybomb has to say:

Strategic default is not a phenomenon in any empirical data, but it is a boogeyman that needs to be ruthlessly pounded on before people realize that bankruptcy is something they pay for in their mortgages, and it is their ultimate safeguard against abusive practices. It’s telling to watch financial elites freak out about the prospect of strategic defaults waves, even as they don’t happen. It shows what really worries them about the state of the economy, about where they may not have control.

Talk about a dog that didn’t bark in 2010. The funny part about this rhetorical crackdown is that there’s been no wave of strategic default people can point to. Homeowners really value their promises and are doing anything they can to try and do right by them, and the industry is using that leverage over them anyway they can.

You’ll sometimes hear the number that a third of defaults are strategic. That number comes a survey conducted by Luigi Guiso, Paola Sapienza and Luigi Zingales. They asked random people if they’d strategically default if their home was X% underwater, took their answers, and projected them onto the actual defaults and how underwater they were. There was no actual look at household budgets in creating this number. I’m a fan of Zingales’ writings, but this is simply not useful for the debate. There’s nothing here.


REALLY?  WHO WOULD HAVE THUNK IT?  BESIDES ME, THAT IS.

I don’t like to do this, but I’ve been trying to point this nonsense out for so many months now, I can’t even keep track.  I didn’t need a study to know this, I come up with my conclusions the old fashioned way… by taking the time to actually talk with thousands of America’s homeowners, hundreds every month since 2008.  I know… there are plenty that didn’t believe me at the time, but they come around six months later when some study finally points out what I’ve been saying all along.

Here’s what I wrote some months back in reference to Howie Hubler’s idiotic new business venture and it’s new product that was designed to help stop strategic defaults.  Here’s a link, in case you missed it, or weren’t able to read far enough into it to get the point.  Howie Hubler’s Loan Value Group… Proof That Wall Street Has No Idea What’s Happening on Main Street

And here’s an excerpt from that article:

Here’s what Loan Value Group’s Website says about why people default on their mortgages:

Once home equity becomes hopelessly negative, it is no longer in the borrower’s interest to continue paying, even if he or she can afford the payments. Some of these borrowers then default.

Today, 29% of all US mortgages, 15 million homes, have negative equity.

Analysis suggests that over 10 million mortgages are at significant risk of strategic default.

Boy, I’d love to take a look at that “analysis” that “suggests that over 10 million mortgages are at significant risk of strategic default,” mostly because that analysis would also have to simultaneously suggest that far fewer people are at risk of foreclosure because they can’t afford their mortgages, which is what President Obama has said is stopping him from offering more help to stabilizing the housing market.

Now, as many of my readers I’m sure know, I’ve spent the last 18 months talking with literally thousands of homeowners from just about all 50 states, and I’m talking seven days a week, with days so long they’ve too often seen me going to bed as the sun comes up.  Suffice it to say, I’ve heard and read just about every take on the foreclosure crisis that could be taken.  There’s only one thing I have never heard a homeowner say about their primary residence:

Yes, we can afford the payment no problem, but we decided to bail out anyway just because of our negative equity position.  Yep, that was it… we just couldn’t sleep at night knowing that we’re underwater.

In fact, to the contrary… I’ve heard from countless homeowners willing to stay in their homes indefinitely if they could just get some sort of modification that will allow them to do so… regardless of how far underwater they are today.

Yet, in stark contrast to my real life experiences talking with homeowners, there is a fast growing story that tells a tale of homeowners simply walking out of their homes and refusing to pay their mortgages… even though they can afford the payments… ostensibly because they’ve pulled out their trusty HP financial calculators and determined, I suppose using some sort of time value of money-net present value calculation as compared with close substitutes and detailed alternative cost analyses, that their financial interests would be better served strategically defaulting.  So ultimately, as the story goes, they are moving out, leaving their otherwise affordable mortgage debt behind them, either because they reside in a state that doesn’t allow for deficiency judgments, or via filing for bankruptcy.

NONSENSE. Not a chance.  It’s simply not happening… yet, anyway.  It may happen en masse at some point in the future, and perhaps it should be happening in larger number today, but to-date… sorry, no… it’s not true.

I said a lot more along those lines in that article, but if you can’t bring yourself to read the whole thing, at least you get the idea…

Next, here’s an excerpt from my article tearing apart of Donald Bisenius, Executive Vice President in charge of Freddie Mac’s Single Family Credit Guarantee Business, Freddie Mac Has a Message for Strategic Defaulters? Yeah, Well I Have a Message for Freddie Mac.

“…a new and growing concern has emerged: strategic defaults. In other words, borrowers who have the financial means to make monthly mortgage payments, but choose not to do so and, instead, purposely default on their loans.”

Yep, that’s exactly what’s happening in this country today.  In fact, the entire foreclosure crisis is nothing more than a bunch of aging boomers deciding that it’s so much hipper to rent.

I’ve personally spoken with several thousand homeowners from all over the country, hundreds that have considered walking away from their mortgages, or are now in the process of doing so, and let me assure you, Don-O, your description bears no resemblance to anything that’s actually happening.  And a strategic default isn’t a new, growing investment strategy, DB, it’s still someone losing their home.

Not one of the homeowners that I’ve heard from describes their situation in such happy-Sunday-in-the-suburbs type terms.  The homeowners I know are undergoing the worst turmoil of their lives, and having exhausted every other avenue (supposedly) available to them, have come to the inescapable conclusion that walking away is their best… no, their only option.  Don-Don makes it sound like they reached the decision over highballs at the 19th hole after wrapping up an afternoon on the links.  Did I already call him a jackass?  Rats.

And then, in my tearing apart of the Fannie Mae, in my article, Well, Would You Look At That… Homeowners Scared the Heck Out of Fannie Mae, I said the following:

No one is walking away from their home because they weren’t willing to make a good faith effort to find an alternative resolution by working with their servicer.  Never happens, or happened.  And if it has started to happen, which I still don’t believe, it’s only in response to the treatment of homeowners by their servicers. And true to form, the Wall Street Journal writes a story about homeowners happy about their decision to strategically default, some other news program interviews someone going to Hawaii as a result of not having to pay a mortgage payment, and you… you don’t bother to find out what’s really going on… you start with the threats.

I’m quite sure, if I took the time to find them, I could point to a dozen or more article I’ve written that said the same thing, but why bother?

Here’s my real point… up until now there hasn’t been any serious number of so-called “strategic defaulters,” but there will be soon if we don’t do something to stop the foreclosure crisis.  In the words of James Earl Jones in the movie, “Field of Dreams”…
They will come, Ray, they will most definitely come.

I’m not guessing, folks, I’m telling you as sure as I’m typing this that there are feelings among homeowners of anger and frustration that are fast becoming utter hopelessness and when that takes hold, strategic default won’t just be the boogey-man, it’ll be very real and very much unstoppable.

It’s funny to me… in a very sad sort of way that last year when I was writing about HAMP not working and loans not getting modified, almost everyone else in the media was saying the opposite.  Then the numbers finally came out towards the end of 2009, and all of a sudden the press started saying, “Gee, maybe HAMP isn’t working.”

The problem is that now HAMP and loan modifications are working better than they ever have before, and now the press is convinced that it’s next to impossible to get your loan modified.   In point of fact, I can’t remember the last time I saw someone with a REST Report showing they’re qualified for a loan modification, lose a home.  But I see what’s happening… people read what the press is saying and are hesitant to even try to get their loan modified.  Great… well, isn’t that just friggin’ great.

I don’t know what else I can do… except to say… don’t listen to the press about loan modifications, or anything related to loan modifications.  By the time they figure out what’s really going on, it’ll be over or the reverse will be true.

Stay tuned… I’m going to turn things up a notch with an article on The State of Loan Modifications and the REST Report… later this week.  Don’t miss it.

Mandelman out.

Aug
19

Excellent National Article That is an Indictment of The Florida Foreclosure Process

It is critical to note that the court process that has developed in Florida is being maligned and properly criticized by national observers…read on:

The facts are that about 95% of the Florida foreclosure cases get slam dunked without so much as a whimper from anyone. The foreclosure mills don’t even come into court to get their summary judgments, they just call them in. Actually, they get the judges to call them. You see these mill lawyers are very busy beavers and court and due process and proper evidence are just nuisances that should be avoided at all cost.  So the most time a “mill” lawyer has to spend on a foreclosure case is about 90 seconds on a call in to the judge’s chambers…yup, not even in open court. Today, in America, a consumer can lose a home over the phone.  This reminds me of the old TV show called “Dialing for Dollars” but this time in reverse.  Now the mills are still dialing in for dollars but also securing an order of foreclosure at the same time.  And, by the way, I could possibly agree to own a foreclosure or bankruptcy mill if the firm made $2,500.00 for 90 seconds of “real lawyer” work.  It is not bad money if you can get away with and still sleep at night.  I have trouble sleeping anyway so this would never work for me.

I don’t like that our courts have become a national joke in the midst of this foreclosure catastrophe. The phenomena of a nameless voice on the other end of a phone dialing in for hearings really disturbs me.  I really wish more press and advocates were watching and documenting just how absurd the process is.  I find it especially disturbing that mill attorneys from across town don’t find it compelling enough to attend these hearings in person and that our judges and their staff spend their day juggling phones in favor of these mills.

Really insulting was a recent phone in hearing where the foreclosure mill attorney asked to have the argument repeated because he had just returned from the bathroom and had missed the argument….yes, this occurs in an American courtroom.

Read the full article here.

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