May
21

SOUTH CAROLINA Foreclosure Help from Mandelman Matters – START HERE

You have found the Mandelman Matters state specific series of pages dedicated to homeowners at risk of foreclosure in South Carolina.

On the pages in this section you’ll find accurate, straightforward information and guidance specific to the State of South Carolina related to such topics as loan modifications, short sales, foreclosure defense litigation, bankruptcy… and other topics related to getting through the foreclosure crisis.

 

We’ve created these South Carolina specific pages in response to the proliferation of scammers polluting the Internet with misinformation and outright lies intended to sell something to homeowners at risk of foreclosure that they don’t need.  These sites are literally everywhere, and some are very good at appearing credible, when in fact they are nothing more than elaborate cons.

 

Well, we’ve taken great care to make sure that the information you’ll find here is always correct… always impartial… always based on real facts… and always easy to understand.

 

In case you’re not already familiar with me, my name is Martin Andelman and for going on four years, I’ve been writing the widely read blog Mandelman Matters.  Over the last three and a half years, I’ve written more than 650 in-depth articles covering the political, economic, social and legal aspects of the financial and foreclosure crises.

 

I decided that I had to do more to help stop homeowners from getting ripped off, by providing the state specific information homeowners need to make the right decisions for their individual goals and circumstances.  Moving forward on the best possible path… that’s what my state specific pages are all about.

 

And just so you know, I’ve never been in the mortgage business or the real estate business, but for more than twenty years I’ve been a writer that specializes in making complex subjects easy for people to understand… oh yeah, and people say I’m funny.  I have in-depth experience writing about subjects that fall under the broad headings of accounting, insurance, financial services and law.

 

You can read a lot more about me HEREHERE, and HERE.

 

You may want to start by getting to know my trusted attorney for the State of South Carolina, Russell A. DeMott.

No one pays to be listed as a trusted attorney on Mandelman Matters… that’s just not how it works.  The lawyers I list as trusted… are simply those I trust.  And when I say that, I mean that I would trust these people to represent me, or to watch my house while I went away on vacation for the summer.

 

In order to write close to 700 articles on the economic situation we’re facing today, I had to learn everything possible about the mortgage and foreclosure crises.  Not only did I read dozens of books, research reports, court decisions, and more… I also had to interview a lot of people and many were attorneys from all over the country.  Over time, some became good friends.  So, when homeowners would call me to ask if I could recommend a lawyer, I would refer them to one that I had gotten to know well, and trusted.

 

As a Mandelman Matters trusted attorney, Russell DeMott has agreed to take calls from South Carolina homeowners who have questions about foreclosures, and help them by providing answers regardless of whether the caller decides to hire his firm or not.  So, if you want to talk with someone who knows foreclosure in South Carolina, please don’t hesitate to call him.

For DeMott Law Firm’s contact information CLICK HERE.

And, if you’re looking for State ResourcesCLICK HERE.

Need to know more about South Carolina Foreclosure LawsCLICK HERE.

Want to read my latest post about South Carolina on Mandelman Matters?  CLICK HERE.

May
21

“Shadowy Recording System” – MERS Mortgage Database Results in Lawsuit in St. Clair County IL

MERS mortgage database results in lawsuit in St. Clair County Belleville, IL (KSDK) – The St. Clair County State’s Attorney’s Office filed a civil suit against 22 banks Monday morning, accusing them of engaging in fraud and deceptive practices by creating an allegedly secretive mortgage database and not properly filing documents with authorities. In the … Read more Related posts:
  1. COMPLAINT | PLYMOUTH COUNTY, IOWA v MORTGAGE ELECTRONIC REGISTRATION SYSTEMS – Plymouth County Sues MERS Over Mortgage Recording Practices
  2. LPS AMENDED CLASS ACTION COMPLAINT | CITY OF ST. CLAIR SHORES GENERAL EMPLOYEES’ RETIREMENT SYSTEM v. LENDER PROCESSING SERVICES, INC.
  3. MERS | All in One Basket – The Bankruptcy Risk of a National Agent-Based Mortgage Recording System
May
21

Chris Whalen Drops the F-Bomb on Wall Street, JP Morgan, While Sounding the Bankruptcy Alarm (VIDEO)

Skip to about 7:30 ~ 4closureFraud.org TweetRelated posts: Chris Whalen on Radio Free Dylan | A 30 minute podcast of Chris Whalen and Dylan Ratigan on Bank of America Foreclosuregate Video – Bloomberg Interview of Chris Whalen “Foreclosure Issue is a Cancer” Chris Hayes | Lobbying Firm’s Memo Spells Out Plan to Undermine Occupy Wall … Read more Related posts:
  1. Chris Whalen on Radio Free Dylan | A 30 minute podcast of Chris Whalen and Dylan Ratigan on Bank of America
  2. Foreclosuregate Video – Bloomberg Interview of Chris Whalen “Foreclosure Issue is a Cancer”
  3. Chris Hayes | Lobbying Firm’s Memo Spells Out Plan to Undermine Occupy Wall Street (VIDEO)
May
17

CALIFORNIA Foreclosure Help from Mandelman Matters – START HERE

You have found the Mandelman Matters state specific series of pages dedicated to homeowners at risk of foreclosure in California.

 

On the pages in this section you’ll find accurate, straightforward information and guidance specific to the State of California related to such topics as loan modifications, short sales, foreclosure defense litigation, bankruptcy… and other topics related to getting through the foreclosure crisis.

 

We’ve created these California specific pages in response to the proliferation of scammers polluting the Internet with misinformation and outright lies intended to sell something to homeowners at risk of foreclosure that they don’t need.  These sites are literally everywhere, and some are very good at appearing credible, when in fact they are nothing more than elaborate cons.

 

Well, we’ve taken great care to make sure that the information you’ll find here is always correct… always impartial… always based on real facts… and always easy to understand.

 

In case you’re not already familiar with me, my name is Martin Andelman and for going on four years, I’ve been writing the widely read blog Mandelman Matters.  Over the last three and a half years, I’ve written more than 650 in-depth articles covering the political, economic, social and legal aspects of the financial and foreclosure crises.

 

I decided that I had to do more to help stop homeowners from getting ripped off, by providing the state specific information homeowners need to make the right decisions for their individual goals and circumstances.  Moving forward on the best possible path… that’s what my state specific pages are all about.

 

And just so you know, I’ve never been in the mortgage business or the real estate business, but for more than twenty years I’ve been a writer that specializes in making complex subjects easy for people to understand… oh yeah, and people say I’m funny.  I have in-depth experience writing about subjects that fall under the broad headings of accounting, insurance, financial services and law.

 

You can read a lot more about me HEREHERE, and HERE.

 

You may want to start by getting to know my trusted attornies for the State of California, Gordon F. Dickson and Deborah P. Gutierrez of Prosper Law.

 

No one pays to be listed as a trusted attorney on Mandelman Matters… that’s just not how it works.  The lawyers I list as trusted… are simply those I trust.  And when I say that, I mean that I would trust these people to represent me, or to watch my house while I went away on vacation for the summer.

 

In order to write close to 700 articles on the economic situation we’re facing today, I had to learn everything possible about the mortgage and foreclosure crises.  Not only did I read dozens of books, research reports, court decisions, and more… I also had to interview a lot of people and many were attorneys from all over the country.  Over time, some became good friends.  So, when homeowners would call me to ask if I could recommend a lawyer, I would refer them to one that I had gotten to know well, and trusted.

 

As Mandelman Matters trusted attornies, Gordon Dickson and Deborah Gutierrez have agreed to take calls from California homeowners who have questions about foreclosures, and help them by providing answers regardless of whether the caller decides to hire their firm or not.  So, if you want to talk with someone who knows foreclosure in California, please don’t hesitate to call them.

 

For Prosper Law’s contact information, CLICK HERE.

And, if you’re looking for State ResourcesCLICK HERE.

Need to know more about California Foreclosure LawsCLICK HERE.

Want to read my latest post about California on Mandelman Matters? CLICK HERE.

May
16

ARIZONA Foreclosure Help from Mandelman Matters – START HERE

You have found the Mandelman Matters state specific series of pages dedicated to homeowners at risk of foreclosure in Arizona.

 

On the pages in this section you’ll find accurate, straightforward information and guidance specific to the State of Arizona related to such topics as loan modifications, short sales, foreclosure defense litigation, bankruptcy… and other topics related to getting through the foreclosure crisis.

 

We’ve created these Arizona specific pages in response to the proliferation of scammers polluting the Internet with misinformation and outright lies intended to sell something to homeowners at risk of foreclosure that they don’t need.  These sites are literally everywhere, and some are very good at appearing credible, when in fact they are nothing more than elaborate cons.

 

Well, we’ve taken great care to make sure that the information you’ll find here is always correct… always impartial… always based on real facts… and always easy to understand.

 

In case you’re not already familiar with me, my name is Martin Andelman and for going on four years, I’ve been writing the widely read blog Mandelman Matters.  Over the last three and a half years, I’ve written more than 650 in-depth articles covering the political, economic, social and legal aspects of the financial and foreclosure crises.

 

I decided that I had to do more to help stop homeowners from getting ripped off, by providing the state specific information homeowners need to make the right decisions for their individual goals and circumstances.  Moving forward on the best possible path… that’s what my state specific pages are all about.

 

And just so you know, I’ve never been in the mortgage business or the real estate business, but for more than twenty years I’ve been a writer that specializes in making complex subjects easy for people to understand… oh yeah, and people say I’m funny.  I have in-depth experience writing about subjects that fall under the broad headings of accounting, insurance, financial services and law.

 

You can read a lot more about me HEREHERE, and HERE.

 

You may want to start by getting to know my trusted attornies for the State of Arizona, Michael Fleishman and Doug Drury, Jim Mueller and Don Lawrence.

 

No one pays to be listed as a trusted attorney on Mandelman Matters… that’s just not how it works.  The lawyers I list as trusted… are simply those I trust.  And when I say that, I mean that I would trust these people to represent me, or to watch my house while I went away on vacation for the summer.

 

In order to write close to 700 articles on the economic situation we’re facing today, I had to learn everything possible about the mortgage and foreclosure crises.  Not only did I read dozens of books, research reports, court decisions, and more… I also had to interview a lot of people and many were attorneys from all over the country.  Over time, some became good friends.  So, when homeowners would call me to ask if I could recommend a lawyer, I would refer them to one that I had gotten to know well, and trusted.

 

As Mandelman Matters trusted attornies, Michael Fleishman and Jim Mueller, Doug Drury and Don Lawrence have agreed to take calls from Arizona homeowners who have questions about foreclosures, and help them by providing answers regardless of whether the caller decides to hire their firm or not.  So, if you want to talk with someone who knows foreclosure in Arizona, please don’t hesitate to call them.

 

For Fleishman Law’s contact information, CLICK HERE.

For Mueller, Drury & Lawrence’s contact information, CLICK HERE.

And, if you’re looking for State ResourcesCLICK HERE.

Need to know more about Arizona Foreclosure LawsCLICK HERE.

Want to read my latest post about Arizona on Mandelman Matters? CLICK HERE.

May
16

FLORIDA Foreclosure Help from Mandelman Matters – START HERE

You have found the Mandelman Matters state specific series of pages dedicated to homeowners at risk of foreclosure in Florida.

On the pages in this section you’ll find accurate, straightforward information and guidance specific to the State of Florida related to such topics as loan modifications, short sales, foreclosure defense litigation, bankruptcy… and other topics related to getting through the foreclosure crisis.

 

We’ve created these Florida specific pages in response to the proliferation of scammers polluting the Internet with misinformation and outright lies intended to sell something to homeowners at risk of foreclosure that they don’t need.  These sites are literally everywhere, and some are very good at appearing credible, when in fact they are nothing more than elaborate cons.

 

Well, we’ve taken great care to make sure that the information you’ll find here is always correct… always impartial… always based on real facts… and always easy to understand.

 

In case you’re not already familiar with me, my name is Martin Andelman and for going on four years, I’ve been writing the widely read blog Mandelman Matters.  Over the last three and a half years, I’ve written more than 650 in-depth articles covering the political, economic, social and legal aspects of the financial and foreclosure crises.

 

I decided that I had to do more to help stop homeowners from getting ripped off, by providing the state specific information homeowners need to make the right decisions for their individual goals and circumstances.  Moving forward on the best possible path… that’s what my state specific pages are all about.

 

And just so you know, I’ve never been in the mortgage business or the real estate business, but for more than twenty years I’ve been a writer that specializes in making complex subjects easy for people to understand… oh yeah, and people say I’m funny.  I have in-depth experience writing about subjects that fall under the broad headings of accounting, insurance, financial services and law.

 

You can read a lot more about me HEREHERE, and HERE.

 

You may want to start by getting to know my trusted attorney for the State of Florida, Cox & Sanchez.

 

No one pays to be listed as a trusted attorney on Mandelman Matters… that’s just not how it works.  The lawyers I list as trusted… are simply those I trust.  And when I say that, I mean that I would trust these people to represent me, or to watch my house while I went away on vacation for the summer.

 

In order to write close to 700 articles on the economic situation we’re facing today, I had to learn everything possible about the mortgage and foreclosure crises.  Not only did I read dozens of books, research reports, court decisions, and more… I also had to interview a lot of people and many were attorneys from all over the country.  Over time, some became good friends.  So, when homeowners would call me to ask if I could recommend a lawyer, I would refer them to one that I had gotten to know well, and trusted.

 

As a Mandelman Matters trusted attorney, Cox & Sanchez has agreed to take calls from Florida homeowners who have questions about foreclosures, and help them by providing answers regardless of whether the caller decides to hire their firm or not.  So, if you want to talk with someone who knows foreclosure in Florida, please don’t hesitate to call them.

 

For Cox & Sanchez’s contact information, CLICK HERE.

And, if you’re looking for State ResourcesCLICK HERE.

Need to know more about Florida Foreclosure LawsCLICK HERE.

Want to read my latest post about Florida on Mandelman Matters? CLICK HERE.

May
12

UTAH Foreclosure Help from Mandelman Matters – START HERE

 

You have found the Mandelman Matters state specific series of pages dedicated to homeowners at risk of foreclosure in Utah.

On the pages in this section you’ll find accurate, straightforward information and guidance specific to the State of Utah related to such topics as loan modifications, short sales, foreclosure defense litigation, bankruptcy… and other topics related to getting through the foreclosure crisis.

 

We’ve created these Utah specific pages in response to the proliferation of scammers polluting the Internet with misinformation and outright lies intended to sell something to homeowners at risk of foreclosure that they don’t need.  These sites are literally everywhere, and some are very good at appearing credible, when in fact they are nothing more than elaborate cons.

 

Well, we’ve taken great care to make sure that the information you’ll find here is always correct… always impartial… always based on real facts… and always easy to understand.

 

In case you’re not already familiar with me, my name is Martin Andelman and for going on four years, I’ve been writing the widely read blog Mandelman Matters.  Over the last three and a half years, I’ve written more than 650 in-depth articles covering the political, economic, social and legal aspects of the financial and foreclosure crises.

 

I decided that I had to do more to help stop homeowners from getting ripped off, by providing the state specific information homeowners need to make the right decisions for their individual goals and circumstances.  Moving forward on the best possible path… that’s what my state specific pages are all about.

 

And just so you know, I’ve never been in the mortgage business or the real estate business, but for more than twenty years I’ve been a writer that specializes in making complex subjects easy for people to understand… oh yeah, and people say I’m funny.  I have in-depth experience writing about subjects that fall under the broad headings of accounting, insurance, financial services and law.

 

You can read a lot more about me HERE, HERE, and HERE.

 

You may want to start by getting to know my trusted attorney for the State of Utah, Walter Keane.

 

No one pays to be listed as a trusted attorney on Mandelman Matters… that’s just not how it works.  The lawyers I list as trusted… are simply those I trust.  And when I say that, I mean that I would trust these people to represent me, or to watch my house while I went away on vacation for the summer.

 

In order to write close to 700 articles on the economic situation we’re facing today, I had to learn everything possible about the mortgage and foreclosure crises.  Not only did I read dozens of books, research reports, court decisions, and more… I also had to interview a lot of people and many were attorneys from all over the country.  Over time, some became good friends.  So, when homeowners would call me to ask if I could recommend a lawyer, I would refer them to one that I had gotten to know well, and trusted.

 

So, in Utah, my trusted attorney is Walter Keane, and if you CLICK HERE, you’ll be taken to the Utah state specific page on which you can get to know him by watching a documentary style video on which Walter talks about the foreclosure crisis in Utah.

 

Walter became somewhat famous last year when he successfully quieted the title for four Utah homeowners.  Unfortunately, as he explains, that window is no linger open in Utah, but there are still things that can be done to fight a foreclosure action.  To hear a Mandelman Matters podcast featuring Walter Keane, CLICK HERE.

 

As a Mandelman Matters trusted attorney, Walter has agreed to take calls from Utah homeowners who have questions about foreclosures, and help them by providing answers regardless of whether the caller decides to hire his firm or not.  So, if you want to talk with someone who knows foreclosure in Utah, please don’t hesitate to call him.

 

For Walter’s contact information CLICK HERE.

And, if you’re looking for State Resources, CLICK HERE.

Need to know more about Utah Foreclosure Laws, CLICK HERE.

Want to read my latest post about Utah on Mandelman Matters?

Deceptive Foreclosure Headlines Spread Like Wild Fire in Utah

May
08

You know, liberals, Obama did pretty much follow Romney’s advice in restructuring the auto industry

Inconvenient truth.


Mitt Romney stirred up a new round of liberal outrage today by stating in an interview with a local Cleveland TV station that he’ll “take a lot of credit” for the recovery of the auto industry. Romney’s point was that President Obama followed his advice in putting GM and Chrysler through bankruptcy, in order to [...]

Read this post »

May
07

What say?

Gretchen Morgenson, in Mortgage Unit Troubles Ally Financial explains that:

Although repurchase claimants would be considered general unsecured creditors in a ResCap bankruptcy, the put-back demands would very likely be somewhat senior to those of other unsecured creditors because of their contractual nature.

May
07

What say?

Gretchen Morgenson, in Mortgage Unit Troubles Ally Financial explains that:

Although repurchase claimants would be considered general unsecured creditors in a ResCap bankruptcy, the put-back demands would very likely be somewhat senior to those of other unsecured creditors because of their contractual nature.

Apr
23

60 Minutes: The Case Against Lehman Brothers (VIDEO)

The case against Lehman Brothers Steve Kroft talks to the bank examiner whose investigation reveals the how and why of the spectacular financial collapse of Lehman Brothers, the bankruptcy that triggered the world financial crisis. The case against Lehman Brothers Web Extras The case against Lehman Brothers Kroft: When to give up on accountability Inside … Read more Related posts:
  1. Lehman Brothers Special Financing Inc v. Bank of America NA et al – Lehman Sues BofA, Barclays Over $150 Million Assets
  2. “Goat Poo” | Lehman Brothers Holdings Inc v JPMorgan Chase Bank NA AMENDED COUNTERCLAIMS OF JPMORGAN CHASE BANK
  3. Lehman Brothers Subpoenas Geithner In JP Morgan Fight
Apr
17

RadLAX

Former guest slipster Ronald Mann has a nice post up at SCOTUSblog about RadLAX Gateway Hotel, LLC v. Amalgamated Bank, the Supreme Court case about credit bidding set for argument on the 23rd. While I've discussed the case here and over at Dealbook, Ronald covers the unique aspects of bankruptcy arguments before the Supreme Court, and explains why an issue that is so clearly important for "us" can be a bit of a muddle for the Supremes.

Be sure to take a look.

Apr
14

Bloomberg Law Video | Wells Fargo Smacked With $3.2 Million in Damages Over Mortgage Fees

April 11 (Bloomberg Law) — Bloomberg Law’s Lee Pacchia talks with Bloomberg News bankruptcy columnist and editor-at-large Bill Rochelle about a $3.2 million punitive damages awarded assessed against Wells Fargo Bank NA for overcharging a homeowner. ~ 4closureFraud.org TweetRelated posts: IN RE JONES | Judge Rules Wells Fargo Engages in “Reprehensible,” Systemic Accounting Abuses on … Read more Related posts:
  1. IN RE JONES | Judge Rules Wells Fargo Engages in “Reprehensible,” Systemic Accounting Abuses on Mortgages, Hit with $3.1 Million Punitive Damages for One Loan
  2. Bloomberg | Wells Fargo Won’t ‘Pay Up’ to Settle Mortgage Buybacks
  3. Wells Fargo Damage Control Attempt – FL Attorney General Reaches Agreement with Wells Fargo Providing More Than $388 Million in Mortgage Relief to Florida Homeowners
Apr
11

Lenders Returning to the Lucrative Subprime Market

Lenders Again Dealing Credit to Risky Clients Annette Alejandro just emerged from bankruptcy and doesn’t have a job, and her car was repossessed last year. Still, after spending her days job hunting, she returns to her apartment in Brooklyn where, in disbelief, she sorts through the piles of credit card and auto loan offers that … Read more Related posts:
  1. Subprime Standardization: How Rating Agencies Allow Predatory Lending to Flourish in the Secondary Mortgage Market
  2. William Black | Lenders Put the Lies in Liar’s Loans and Bear the Principal Moral Culpability
  3. Understanding the Securitization of Subprime Mortgage Credit
Apr
05

Hawaii Court rules: No valid assignment means Deutsche has no standing to foreclose


Last week, Hawaii homeowners at risk of foreclosure had reason to be pleased.  Not ecstatic… not jubilant… and certainly not electrified, as other bloggers have intimated might be appropriate.  The decision is not cause for any of those emotions… there’s no curtain lifting on a big show, if you will.

 

District Court Judge J. Michael Seabright ruled in favor of a Hilo homeowner, dismissing a complaint filed by Deutsche Bank as Trustee, who was seeking to foreclose.  According to the court’s ruling, the plaintiff failed to establish that it was validly assigned the Mortgage and Note and therefore lacked standing to foreclose on the defendant’s property.

 

The court’s decision was very straightforward and should be easy to understand.

 

Basically, Deutsche Bank produced an assignment from Home 123/New Century Mortgage on January 13, 2009… but Home 123 was in bankruptcy liquidation as of January 13, 2009, having filed for bankruptcy in 2007, and a liquidation plan was confirmed in July 2008 as part of the bankruptcy of New Century Mortgage.  So, obviously that assignment was not valid.

 

Deutsche then claimed that it was assigned the loan in 2007 through the Pooling & Servicing Agreement (“PSA”), dated January 1, 2007.  Judge Seabright, however, pointed out that although the plaintiff MIGHT have been assigned the Mortgage and Note through this PSA, the plaintiff offered no evidence for the record establishing which mortgages were included in the PSA.

 

In a nutshell, all the judge said is that he wants some admissible evidence of the transfer of the loan to Deutsche Bank.  The 2009 assignment was obviously not valid… and if it was assigned through the PSA in 2007, then Deutsche Bank needed to present some evidence of that fact… and they didn’t… this time around anyway.

 

As such, the judge granted the homeowner’s motion to dismiss Deutsche’s complaint, but he did so “with prejudice,” which means that he left the door open for Deutsche Bank to come back to court with evidence of the assignment, and re-file the foreclosure complaint.

 

Of course, some people will say that Deutsche Bank won’t be able to produce a valid assignment of the loan, while others will say that’s just wishful thinking.  If you want my vote… I’d have to say that Deutsche will be back for sure, so this decision will likely represent a delay, which I’d have to say is something short of extraordinary, as far as ramifications are concerned.

 

The better question really is… when they return to foreclose, what will they bring with them in the way of an assignment?

 

What if they lost the note?

 

If Deutsche Bank can’t find the original note it doesn’t mean that they can’t foreclose… there are a number of other ways the bank could establish that they have the right to foreclose.

 

Judge Seabright left it open as to what would constitute acceptable evidence of the assignment, so it doesn’t necessarily have to be the note itself, rather it could be a schedule of loans that accompanied the PSA… it could be a lost note affidavit, or an affidavit by the custodian of records, or some sort of acknowledgement of receipt.

 

This is a court of equity, and it’s not giving away free houses as a reward for being delinquent on a mortgage just because the foreclosing party doesn’t have the actual note.

 

In fact, the Uniform Commercial Code (“UCC”) sets forth conditions related to enforcing lost, destroyed or stolen instruments in section 3-309, subsection (b) as shown below.

 

§ 3-309. ENFORCEMENT OF LOST, DESTROYED, OR STOLEN INSTRUMENT.

 

  • (a) A person not in possession of an instrument is entitled to enforce the instrument if (i) the person was in possession of the instrument and entitled to enforce it when loss of possession occurred, (ii) the loss of possession was not the result of a transfer by the person or a lawful seizure, and (iii) the person cannot reasonably obtain possession of the instrument because the instrument was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process.

 

  • (b) A person seeking enforcement of an instrument under subsection (a) must prove the terms of the instrument and the person’s right to enforce the instrument. If that proof is made, Section 3-308 applies to the case as if the person seeking enforcement had produced the instrument. The court may not enter judgment in favor of the person seeking enforcement unless it finds that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument. Adequate protection may be provided by any reasonable means.

 

What a difference a day makes…

 

According to Massachusetts attorney Glenn Russell (one of the lead attorneys in the now famous Ibanez decision), if Deutsche Bank did in fact buy the loan from New Century in 2007, the precise date of the assignment they present to the court is going to matter… a lot.

 

Here’s why…

 

The PSA that Deutsche presented to the court was dated January 1, 2007.  But according to the transcript of the First Day Hearing of the New Century bankruptcy, dated April 03, 2007, at the time of New Century’s bankruptcy, the company only owned 2,000 loans, and their internal term for these loans was LNFA, which stood for: “Loans Not Financed Anywhere.” 

 

And, these loans, by the way, were sold to Ellington Capital Management Group LLC Capital, and the servicing rights were sold to Carrington.  So, because the closing date for the PSA would be sometime in March of ’07, the date of the assignment of this loan to Deutsche would have to be sometime in March ’07, but before April 3, 2007.

 

To see for yourself… here are links to the Exhibit documents from the New Century bankruptcy proceedings.

Exhibit F – Opening Day Hearing of New Century Bankruptcy

Exhibit H – Amended Disclosure, February 2, 2008

 

The End.

 

So, that’s as far as it goes for the Deutsche v. Williams decision.  It’s not exactly the second coming, but it is reason to be pleased.  It’s probably worth noting that this decision seems to have gone the way it did because of the transfer from a company that was in bankruptcy… that seems to be what led Judge Seabright to his ultimate conclusion.

 

Also, you can’t assume that this decision will carry over into your state.  In California, for example, this wouldn’t have been a problem because California state law says that the deed automatically follows the note, you can’t separate the two.

 

According to Honolulu attorney, Gary Dubin, Hawaii state law is unclear as to whether the mortgage automatically follows the note.  I spoke to him, and he was nothing short of thrilled at the court’s decision.  (Watch for a podcast with Gary as my guest coming up soon.)

Gary has been fighting foreclosures and various other mortgage improprieties in Hawaii for a long time… in fact, when he started his practice, I don’t even think the Big Island was above sea level yet.  (Kidding, just kidding… I love Gary… I just couldn’t help myself.)

 

I understand why Gary was so excited by the decision… he even told me that he’s fought for this same sort of outcome in Hawaii’s state courts on numerous occasions only to find the courts all to willing to disregard anything but the borrower’s delinquent status, and I do understand how frustrating that can be and often still is for foreclosure defense lawyers all over the country.


The Notes Are NOT Lost…

 

Florida foreclosure defense attorney Matt Weidner says that he’s tried thousands of cases and he’s NEVER has had a case in which the bank didn’t eventually show up with the actually note.   “They’re not lost… they know where they are.  They just don’t want to go to the trouble of producing then.  But when push comes to shove, they always manage to find them,” Matt explains.

 

 

According to Weidner…

 

“I’ve taken depositions that have explained how the LPS system for tracking notes is very sophisticated.  To take a note out of the vault, the system generates something called a Dailee Agreement, and there’s even an insurance policy that travels with that note in case it’s lost or damaged.  But it’s time consuming.  And the compensation system encourages foreclosing attorneys to do everything fast and faster above all else, so if they can get away not producing the note, so much the better.”

 

Tom Cox, the foreclosure defense lawyer from Maine, agrees.  He says you can absolutely count on the bank to show up with the note every single time… if they have to.  He’s never seen them not do it… ever.  “Oh, they’ve got the notes… of course they do.”

 

Coincidentally, Matt Weidner just days ago lost a case for the first time and that has him ready to chew on glass.  Incredibly, none other than “Linda Green signed the assignment and yet the judge in the Florida court just did not care.

 

Here’s an excerpt of Matt in court, from the transcript…

 

This plaintiff has come into your courtroom asserting they’re the service that asserts that they’re an agent-ship for someone else.  They haven’t disclosed who the principal is.  They’ve given you zero evidence that they have any authority to be here on behalf of the principal.

 

The plaintiff has failed to introduce any evidence whatsoever that either one of the witnesses that they have called have any relationship to the note or mortgage in question.  They have, in fact, said, both witnesses, we are the servicer but they have not introduced a single piece of evidence which gives them the authority to be here in front of the Court.

 

Misinformation and hyperbole making a bad situation worse…

 

The blog, Deadly Clear, reported on this story a few days ago, but rather than stopping where the case stopped, the author made the decision sound like much more than it is.  Here’s an example…

 

Attorney Bickerton faced off in court and explained to the Judge oral argument that the banks didn’t just miss the date to file their assignments or needed to tidy up paperwork, this was a ‘Business model using the loans for overnight lending.’  Bickerton told the Court that if this wasn’t dismissed, his first line of discovery would be geared to uncover the outside financial advantages being derived from the use of the Williamses’ loan.

 

This is the thinking that ultimately leads to believing that the borrower doesn’t owe any money because some combination of insurance policies and credit default swaps have combined to pay off all of the loans, making all of the investors whole and allowing the servicers to now collect again from the homeowners who actually own their homes free and clear.

 

It’s not true.  Neither default insurance, which is issued by monoline insurers, nor credit default swaps ever pay off loans.  If you want to know how these deals work in detail, I just published a couple of articles on the topic, “If WE Owned a Pool of Loans, Would WE Allow Principal Reductions.” AND… “An Insider’s View of an Actual RMBS Securitization at Mandelman U.”

 

The writer seems to be saying that Deutsche is profiting from the loan so there should be an offset of some kind.  This line of thinking is not only not true, but it’s also not relevant.  The actual loss by the bank in a default is not relevant to the amount owed by the borrower.

 

And the writer goes on… and on…

 

Understanding the premeditated intentions of these banks, how they pledge, collateralize, swap, sell, lease, and trade these loans that are SUPPOSED to have been in a static trust will open the eyes of lawmakers to the real moral hazard – the fraud upon the homeowners, the courts and the state.

 

Look, the writer is obviously passionate, and I don’t want to take anything away from that, but we can’t fall into the trap of not being accurate and correct in what we say and do…. or we will lose.

 

Let’s discuss the trusts. We can see by the assignments that they were not made timely and NY trust laws call them VOID.

 

This is the REMIC trust issue.  REMIC trusts are the type of trust used when issuing mortgage-backed securities, and while the writer may be right, in some instances, it just doesn’t matter because the Internal Revenue Code is not something homeowners can enforce.  The IRS has made it clear that they have no interest in going after this issue, and it isn’t something that impacts the borrower… so it’s a distraction, nothing more.

 

And let’s suppose we can see the trading in the trust is active, numerous investors have already been paid off – where is the “injury”….hmmm?

 

Okay, I hear this type of thing every day lately… I don’t know where this rumor came from but it’s NOT TRUE.  Investors have NOT been paid off… not even close.  Just read any of the lawsuits being brought by investors against the issuers of mortgage-backed securities and you’ll get the message in a damn hurry.

 

We’re connecting the dots, people with above average intelligence are realizing, just like Judge Seabright, that there are huge schemes behind the scenes of an everyday mortgage that the borrower never intended to participate in… and eventually we’ll know whether the application for a mortgage started the securitization process before the borrower signed the note making them securities with no disclosure, how many insurance policies were attached to the loans and when (we never agreed to be over insured which would give someone the incentive to “off” us)… it’s coming soon – to a court room near you…

 

The borrower didn’t have to intend to participate in anything having to do with securitization, and borrowers are not securities without disclosure.  These are rumors dreamed up by someone who wants to sell homeowners on signing up for a lawsuit.  Someone showed it to me about a year ago.  It’s grown out of control.

 

Don’t buy into these things… don’t write anyone a check to join such a lawsuit.  It’s nothing but a rip-off, I promise.  And you don’t have to take my word for it… for any of this… call experts all over the country… ask them.  You’ll see…

 

Look, I know how homeowners feel today, and the stress is increasing as things get progressively worse, so many people want to believe that there’s something out there that can save them… that’s why the scammers are so successful… at some point people buy magic beans.

 

The key to getting through this is education… educate yourself… double check everything… read books, articles… listen to my podcasts with the country’s leading experts.  That’s how we will win… because the more you learn the more powerful you become.  And that’s a fact.

 

So, be pleased about this decision… it’s a good decision.  But that’s all it is… the race is long… and in the end it’s only with yourself.

 

Mandelman out.

 

 

Apr
05

Hawaii Court rules: No valid assignment means Deutsche has no standing to foreclose


Last week, Hawaii homeowners at risk of foreclosure had reason to be pleased.  Not ecstatic… not jubilant… and certainly not electrified, as other bloggers have intimated might be appropriate.  The decision is not cause for any of those emotions… there’s no curtain lifting on a big show, if you will.

 

District Court Judge J. Michael Seabright ruled in favor of a Hilo homeowner, dismissing a complaint filed by Deutsche Bank as Trustee, who was seeking to foreclose.  According to the court’s ruling, the plaintiff failed to establish that it was validly assigned the Mortgage and Note and therefore lacked standing to foreclose on the defendant’s property.

 

The court’s decision was very straightforward and should be easy to understand.  (Deutsche v, Williams)

 

Basically, Deutsche Bank produced an assignment from Home 123/New Century Mortgage on January 13, 2009… but Home 123 was in bankruptcy liquidation as of January 13, 2009, having filed for bankruptcy in 2007, and a liquidation plan was confirmed in July 2008 as part of the bankruptcy of New Century Mortgage.  So, obviously that assignment was not valid.

 

Deutsche then claimed that it was assigned the loan in 2007 through the Pooling & Servicing Agreement (“PSA”), dated January 1, 2007.  Judge Seabright, however, pointed out that although the plaintiff MIGHT have been assigned the Mortgage and Note through this PSA, the plaintiff offered no evidence for the record establishing which mortgages were included in the PSA.

 

In a nutshell, all the judge said is that he wants some admissible evidence of the transfer of the loan to Deutsche Bank.  The 2009 assignment was obviously not valid… and if it was assigned through the PSA in 2007, then Deutsche Bank needed to present some evidence of that fact… and they didn’t… this time around anyway.

 

As such, the judge granted the homeowner’s motion to dismiss Deutsche’s complaint, but he did so “without prejudice,” which means that he left the door open for Deutsche Bank to come back to court with evidence of the assignment, and re-file the foreclosure complaint.

 

Of course, some people will say that Deutsche Bank won’t be able to produce a valid assignment of the loan, while others will say that’s just wishful thinking.  If you want my vote… I’d have to say that Deutsche will be back for sure, so this decision will likely represent a delay, which I’d have to say is something short of extraordinary, as far as ramifications are concerned.

 

The better question really is… when they return to foreclose, what will they bring with them in the way of an assignment?

 

What if they lost the note?

 

If Deutsche Bank can’t find the original note it doesn’t mean that they can’t foreclose… there are a number of other ways the bank could establish that they have the right to foreclose.

 

Judge Seabright left it open as to what would constitute acceptable evidence of the assignment, so it doesn’t necessarily have to be the note itself, rather it could be a schedule of loans that accompanied the PSA… it could be a lost note affidavit, or an affidavit by the custodian of records, or some sort of acknowledgement of receipt.

 

This is a court of equity, and it’s not giving away free houses as a reward for being delinquent on a mortgage just because the foreclosing party doesn’t have the actual note.

 

In fact, the Uniform Commercial Code (“UCC”) sets forth conditions related to enforcing lost, destroyed or stolen instruments in section 3-309, subsection (b) as shown below.

 

§ 3-309. ENFORCEMENT OF LOST, DESTROYED, OR STOLEN INSTRUMENT.

 

  • (a) A person not in possession of an instrument is entitled to enforce the instrument if (i) the person was in possession of the instrument and entitled to enforce it when loss of possession occurred, (ii) the loss of possession was not the result of a transfer by the person or a lawful seizure, and (iii) the person cannot reasonably obtain possession of the instrument because the instrument was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process.

 

  • (b) A person seeking enforcement of an instrument under subsection (a) must prove the terms of the instrument and the person’s right to enforce the instrument. If that proof is made, Section 3-308 applies to the case as if the person seeking enforcement had produced the instrument. The court may not enter judgment in favor of the person seeking enforcement unless it finds that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument. Adequate protection may be provided by any reasonable means.

 

What a difference a day makes…

 

According to Massachusetts attorney Glenn Russell (one of the lead attorneys in the now famous Ibanez decision), if Deutsche Bank did in fact buy the loan from New Century in 2007, the precise date of the assignment they present to the court is going to matter… a lot.

 

Here’s why…

 

The PSA that Deutsche presented to the court was dated January 1, 2007.  But according to the transcript of the First Day Hearing of the New Century bankruptcy, dated April 03, 2007, at the time of New Century’s bankruptcy, the company only owned 2,000 loans, and their internal term for these loans was LNFA, which stood for: “Loans Not Financed Anywhere.” 

 

And, these loans, by the way, were sold to Ellington Capital Management Group LLC Capital, and the servicing rights were sold to Carrington.  So, because the closing date for the PSA would be sometime in March of ’07, the date of the assignment of this loan to Deutsche would have to be sometime in March ’07, but before April 3, 2007.

 

To see for yourself… here are links to the Exhibit documents from the New Century bankruptcy proceedings.

Exhibit F – Opening Day Hearing of New Century Bankruptcy

Exhibit H – Amended Disclosure, February 2, 2008

 

The End.

 

So, that’s as far as it goes for the Deutsche v. Williams decision.  It’s not exactly the second coming, but it is reason to be pleased.  It’s probably worth noting that this decision seems to have gone the way it did because of the transfer from a company that was in bankruptcy… that seems to be what led Judge Seabright to his ultimate conclusion.

 

Also, you can’t assume that this decision will carry over into your state.  In California, for example, this wouldn’t have been a problem because California state law says that the deed automatically follows the note, you can’t separate the two.

 

According to Honolulu attorney, Gary Dubin, Hawaii state law is unclear as to whether the mortgage automatically follows the note.  I spoke to him, and he was nothing short of thrilled at the court’s decision.  (Watch for a podcast with Gary as my guest coming up soon.)

Gary has been fighting foreclosures and various other mortgage improprieties in Hawaii for a long time… in fact, when he started his practice, I don’t even think the Big Island was above sea level yet.  (Kidding, just kidding… I love Gary… I just couldn’t help myself.)

 

I understand why Gary was so excited by the decision… he even told me that he’s fought for this same sort of outcome in Hawaii’s state courts on numerous occasions only to find the courts all to willing to disregard anything but the borrower’s delinquent status, and I do understand how frustrating that can be and often still is for foreclosure defense lawyers all over the country.


The Notes Are NOT Lost…

 

Florida foreclosure defense attorney Matt Weidner says that he’s tried thousands of cases and he’s NEVER has had a case in which the bank didn’t eventually show up with the actually note.   “They’re not lost… they know where they are.  They just don’t want to go to the trouble of producing then.  But when push comes to shove, they always manage to find them,” Matt explains.

 

 

According to Weidner…

 

“I’ve taken depositions that have explained how the LPS system for tracking notes is very sophisticated.  To take a note out of the vault, the system generates something called a Dailee Agreement, and there’s even an insurance policy that travels with that note in case it’s lost or damaged.  But it’s time consuming.  And the compensation system encourages foreclosing attorneys to do everything fast and faster above all else, so if they can get away not producing the note, so much the better.”

 

Tom Cox, the foreclosure defense lawyer from Maine, agrees.  He says you can absolutely count on the bank to show up with the note every single time… if they have to.  He’s never seen them not do it… ever.  “Oh, they’ve got the notes… of course they do.”

 

Coincidentally, Matt Weidner just days ago lost a case for the first time and that has him ready to chew on glass.  Incredibly, none other than “Linda Green signed the assignment and yet the judge in the Florida court just did not care.

 

Here’s an excerpt of Matt in court, from the transcript…

 

This plaintiff has come into your courtroom asserting they’re the service that asserts that they’re an agent-ship for someone else.  They haven’t disclosed who the principal is.  They’ve given you zero evidence that they have any authority to be here on behalf of the principal.

 

The plaintiff has failed to introduce any evidence whatsoever that either one of the witnesses that they have called have any relationship to the note or mortgage in question.  They have, in fact, said, both witnesses, we are the servicer but they have not introduced a single piece of evidence which gives them the authority to be here in front of the Court.

 

Misinformation and hyperbole making a bad situation worse…

 

The blog, Deadly Clear, reported on this story a few days ago, but rather than stopping where the case stopped, the author made the decision sound like much more than it is.  Here’s an example…

 

Attorney Bickerton faced off in court and explained to the Judge oral argument that the banks didn’t just miss the date to file their assignments or needed to tidy up paperwork, this was a ‘Business model using the loans for overnight lending.’  Bickerton told the Court that if this wasn’t dismissed, his first line of discovery would be geared to uncover the outside financial advantages being derived from the use of the Williamses’ loan.

 

This is the thinking that ultimately leads to believing that the borrower doesn’t owe any money because some combination of insurance policies and credit default swaps have combined to pay off all of the loans, making all of the investors whole and allowing the servicers to now collect again from the homeowners who actually own their homes free and clear.

 

It’s not true.  Neither default insurance, which is issued by monoline insurers, nor credit default swaps ever pay off loans.  If you want to know how these deals work in detail, I just published a couple of articles on the topic, “If WE Owned a Pool of Loans, Would WE Allow Principal Reductions.” AND… “An Insider’s View of an Actual RMBS Securitization at Mandelman U.”

 

The writer seems to be saying that Deutsche is profiting from the loan so there should be an offset of some kind.  This line of thinking is not only not true, but it’s also not relevant.  The actual loss by the bank in a default is not relevant to the amount owed by the borrower.

 

And the writer goes on… and on…

 

Understanding the premeditated intentions of these banks, how they pledge, collateralize, swap, sell, lease, and trade these loans that are SUPPOSED to have been in a static trust will open the eyes of lawmakers to the real moral hazard – the fraud upon the homeowners, the courts and the state.

 

Look, the writer is obviously passionate, and I don’t want to take anything away from that, but we can’t fall into the trap of not being accurate and correct in what we say and do…. or we will lose.

 

Let’s discuss the trusts. We can see by the assignments that they were not made timely and NY trust laws call them VOID.

 

This is the REMIC trust issue.  REMIC trusts are the type of trust used when issuing mortgage-backed securities, and while the writer may be right, in some instances, it just doesn’t matter because the Internal Revenue Code is not something homeowners can enforce.  The IRS has made it clear that they have no interest in going after this issue, and it isn’t something that impacts the borrower… so it’s a distraction, nothing more.

 

And let’s suppose we can see the trading in the trust is active, numerous investors have already been paid off – where is the “injury”….hmmm?

 

Okay, I hear this type of thing every day lately… I don’t know where this rumor came from but it’s NOT TRUE.  Investors have NOT been paid off… not even close.  Just read any of the lawsuits being brought by investors against the issuers of mortgage-backed securities and you’ll get the message in a damn hurry.

 

We’re connecting the dots, people with above average intelligence are realizing, just like Judge Seabright, that there are huge schemes behind the scenes of an everyday mortgage that the borrower never intended to participate in… and eventually we’ll know whether the application for a mortgage started the securitization process before the borrower signed the note making them securities with no disclosure, how many insurance policies were attached to the loans and when (we never agreed to be over insured which would give someone the incentive to “off” us)… it’s coming soon – to a court room near you…

 

The borrower didn’t have to intend to participate in anything having to do with securitization, and borrowers are not securities without disclosure.  These are rumors dreamed up by someone who wants to sell homeowners on signing up for a lawsuit.  Someone showed it to me about a year ago.  It’s grown out of control.

 

Don’t buy into these things… don’t write anyone a check to join such a lawsuit.  It’s nothing but a rip-off, I promise.  And you don’t have to take my word for it… for any of this… call experts all over the country… ask them.  You’ll see…

 

Look, I know how homeowners feel today, and the stress is increasing as things get progressively worse, so many people want to believe that there’s something out there that can save them… that’s why the scammers are so successful… at some point people buy magic beans.

 

The key to getting through this is education… educate yourself… double check everything… read books, articles… listen to my podcasts with the country’s leading experts.  That’s how we will win… because the more you learn the more powerful you become.  And that’s a fact.

 

So, be pleased about this decision… it’s a good decision.  But that’s all it is… the race is long… and in the end it’s only with yourself.

 

Mandelman out.

 

 

Mar
20

Atty. Bruce Levitt of Kemp v. Countrywide – A Mandelman Matters Podcast


The more you learn about the Kemp v. Countrywide case, the more you realize how unlikely it is that anything like it will ever happen.  This was the case on which the banking industry went to school.  On behalf of the plaintiff, was New Jersey’s own, bankruptcy and foreclosure defense attorney, Bruce Levitt, of South Orange, who actually had taken over the case from another lawyer only a couple of weeks in advance of the trial.  Not a whole lot of time to prepare, as big, complicated law suits go.

However, as luck would have it, Bank of America’s star witness was Linda DeMartini. (See graphic at top of page, lol.)

Linda kind of stole the show right from the beginning, and made the plaintiff’s case seemingly within a few minutes of taking the stand, not that Bruce Levitt didn’t handle everything brilliantly, mind you… he absolutely did.

Join Bruce and me, as we talk about the Kemp v. Countrywide case, about a much anticipated New Jersey Supreme Court decision, and a whole lot more.  Just turn up your speakers and click PLAY, on this… A Mandelman Matters Podcast.

Mandelman out.

Mar
09

Great news: Le Bailoutte de Peugeot avec Le US Taxpayer Francs

When your own losses aren't enough.


Americans sunk tens of billions of dollars into General Motors in 2008 and 2009, money which they won’t see any time soon, if at all.  The Obama administration strongarmed senior creditors in an unprecedented politically-engineered bankruptcy to get taxpayers to eat the costs of old pension obligations and boost the UAW.  All of this was [...]

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Feb
23

Watch them do, The standing still

My latest column for Dealbook looks at the competing narratives regarding Dodd-Frank's OLA in the banking and bankruptcy communities.

Feb
22

Did the FCC try to drive a LightSquared competitor into bankruptcy?

"Sticking it to Open Range"?


The Daily Caller follows up on its dot-connecting yesterday on the Obama administration’s efforts to make LightSquared pay off for its Democratic-donor backers with a look at the other side of crony capitalism.  Matthew Boyle tells the story of the original government effort to expand broadband to rural areas, Open Range, which partnered with GlobalStar, [...]

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Feb
21

The Disorderly Default in Your Closet Eupdate

Another day, another Greek deal to end them all (more on that soon). Amid the political din, legal and financial complexity, one thing has struck me: the entire enterprise is being justified as a way to avoid "disorderly default." But what exactly is disorderly default--that scary monster in the closet keeping many Eurocrats, foreign bondholders, and Greeks awake at night--and is it really the sole unthinkable alternative to the mess of the past year and, perhaps, some years to come?

Disorderly default, one that comes as a surprise to the markets, leading to contagion, capital flight, bank runs, a crashing collapse of the Euro, and widespread litigation, is surely unappetizing. But the alternative to disorderly default might also be a priced-in default with minimal contagion, a contentious restructuring with lots of litigation, or a slow-bleed near-default, complete with capital flight and bank runs, which destroys trust and political capital, depletes and redistributes resources that might have gone to finance recovery (see Roubini & Setser) ... and ends in default.

Mind you, I am not advocating disorderly default, but rather suggesting that it is of a piece with order, chaos, and other pure, but under-specified alternatives to messy reality. Disorderly default is evil in the same way that pristinely orderly bankruptcy is good. By taking default (orderly or otherwise) off the table early in the crisis, while refusing to finance a credible alternative, the European political leaders may have chosen the worst of all options.

As grandpa used to say, it is much better to be rich and healthy than to be poor and sick.

Feb
21

EU, Greece reach deal to stave off default

Again. For now.


If this seems like deja vu, it only means you’ve been paying attention: After months in which Greece teetered on the verge of bankruptcy, European officials agreed Tuesday to give the country a second massive bailout in exchange for harsh austerity measures, as grim new estimates about the country’s economy pushed off a resolution until [...]

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Feb
20

Yes, Mr. Kessler, there really is a crony capitalist in the White House

Santa Claus for bundlers and donors.


Glenn Kessler at the Washington Post normally does a pretty good job of fact-checking claims in politics, within the limitations of the fact-checking “science,” which are considerable.  Today he takes on claims from Mitt Romney that Barack Obama engages in crony capitalism, focusing on the auto bailout/bankruptcy and the Solyndra scandal.  Kessler takes a detailed [...]

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Feb
16

Bringing Up the Rear – Dale Westhoff, Credit Suisse Group AG


 

It takes brass balls to be a banker these days and come out in opposition to writing down mortgage balances for homeowners hopelessly underwater because of “moral hazard.”  And yet, that is precisely what Credit Suisse’s global head of structured products, Mr. Dale Westhoff has done.

 

In January, he was interviewed for a story on Bloomberg.com under the headline: “Mortgage Principal Cuts Don’t Help Homeowners.”

 

The term, ‘moral hazard,” just everyone understands, is a term used in economics or finance, and it’s what can occur when one party is making the decisions about investment risk, while another party is on the hook for the losses should those decisions go awry.

 

You know, like if I were deciding where to invest money, but you had to cover my losses when I chose to invest in Lehman Bros. and Bear Stearns.  I’m trying to think of a good example that everyone will understand… hmmm… there must be something that would work… oh wait, I know… exactly like today’s banks… the ones that have been deemed too big to fail, and too big to jail.

 

Today’s too big to fail banks know that the government won’t let them follow Lehman’s path to bankruptcy, so they take on more risk than is prudent.  And when their leveraged bubble du jour pops, we-the-people spend years trying to get their gum out of our collective hair.

 

 

In the parlance of Wall Street, taking on risk means taking on leverage.

 

Leverage is Wall Street’s euphemistic word for borrowing or debt, so when a Wall Street banker says his firm is leveraged, what he means is that the firm is investing using borrowed money.  As long as the chosen investments are increasing in value, or at least can be reported as increasing in value… everything’s fine.

 

When the market realizes what’s happening, investors start to get nervous, so they start moving money out of riskier investments into more defensive positions, which in turn increases the risk of staying put to other investors, and at some point everyone rushes to get their money out before there’s no money there to get.

 

Here’s a quick example, just to make sure we’re all on the same page about this topic.  Let’s say we pooled our money and came up with $100,000 in order to invest in the stock market.  And we make a nice 10 percent return… so, we now have $110,000.

 

Then one day, I mention that I have a rich uncle from whom I can borrow whenever I want or need to with an interest rate that’s only one percent.  My idea is that we borrow let’s say $900,000, so we can invest $1,000,000 instead of only the $100,000 that we brought to the game.

 

So, we invest the million dollars, and once again, we earn a 10 percent return, which is $100,000… and voila’… we’re superstars… we’ve doubled the money we’ve invested… and so we repay my uncle plus one percent interest, and then pay ourselves huge bonuses while telling each other how smart we are.

 

But want happens when our chosen investments not only fail to produce 10 percent returns, but their value falls by 10 percent.  If we had invested only our own $100,000, then we’d lose ten grand, lick our wounds and get ready to fight another day.  But if we had invested the million bucks that included the $900,000 we borrowed from my uncle, we’d lose $100,000… and be entirely wiped out because we only had $100,000 in the first place.

 

Now consider that we’d borrowed 40:1… so our $100,000 fund becomes $4 million we can invest… and now, should we lose 10 percent on our investments, we lose $400,000… but don’t worry ‘cause we’re too big to fail and the American taxpayer will pick up our $300,000 tab in order to make sure that we don’t threaten the entire global banking system.

 

And that’s precisely what occurred in September of 2008.

 

The banks had derivative securities called collateralized debt obligations or CDOs that they had valued themselves using their own internal models, and then they borrowed against them.

 

When their value collapsed, and their payments came due… we deemed them too big to fail and invented TARP… and we’ve been inventing other, shall we say less televised ways to pump more than $16 TRILLION into those banks ever since.  It’s money that our children and perhaps our grandchildren are going to be paying back for a long time to come.

 

Leverage, however, is like financial crack.  Once you’ve been on it and experienced its highs, it’s hard to go back to investing money the old fashioned way… especially when you know you’re too big to fail.

 

The temptation must be impossible to resist because it might interest you to know that in 2011, margin debt on the NYSE climbed to its highest levels since February of 2008… right before the S&P collapsed in half.  And the only time in history net leverage has ever been higher than it is today was back in June of 2007, which was the absolute pinnacle of the most devastating credit bubble the world has ever seen.

 

And that, my financially minded friends, is what is meant by the term, “MORAL HAZARD.”

 

To Credit Suisse’s Bail Bestoff… no, that’s wrong… I meant, Dale Westhoff… we would create moral hazard were we to write down the principal balances of mortgages that are hopelessly underwater.  Dale seems to feel that if we did that, everyone and their brother-in-law would immediately start defaulting on their loans in order to get their balances reduced.

 

 

And before you knew it… we’d have… what’s the word I’m looking for… oh yeah… prosperity?  People making mortgage payments again?  An actual housing market?  Economic recovery on Main Street?  Consumer spending?  A positive GDP without fudging the numbers?  What Dale… what is it you fear, my lad?

 

Earlier this year, in the latter part of January, Dale told Bloomberg…

 

“Reducing mortgage balances is a risky idea that hasn’t been shown to keep borrowers who owe more than their property’s worth in their homes.”

 

Well, gosh Dale… you are obviously quite the research expert aren’t you?  That’s true, isn’t it?  Did your research point to any reasons why that would be the case?  Would you mind terribly if I were to just throw out a guess just for fun?  It’ll be like a game show…

 

I’ll take, “Because we haven’t tried it, you witless moron.  And make that for $200, Alex.”  Dale also said…

 

“We’ve never done this before; we don’t know what the risk is.” 

 

So, I guess reducing principal balances hasn’t been shown NOT to keep people in their homes either, isn’t that right Dale?  Did you forget to tell Bloomberg that part?  I see… you’re a weasel, Dale.

 

How about this for a headline in an upcoming story I’m working on now…

 

“Non-recognition of Losses and 0% Interest Loans Don’t Help Banks.”

Suspending accounting rules is a risky idea that hasn’t been shown to keep banks that borrowed more than their assets are worth from becoming insolvent, according to Credit Slush Fund PIG.

 

Are you feeling me, Dale?

 

Here’s the thing, my boy… I think you’re the moral hazard here, would you like to know why?  Because although you failed to mention it, I happened to be doing some reading the other day and wouldn’t you know it… Credit Suisse was in a bit of news.  Nothing earthshattering or even unexpected, mind you… but news nonetheless.

 

Apparently, right before you made your idiotic comments about moral hazard, saying that principal write-downs won’t save homes, Credit Suisse had just won the bidding process and as a result bought $7.014 billion in face value RMBS from the Federal Reserve Bank of New York.  The Fed bought the securities from AIG and had them in their Maiden Lane II… what do you call that sort of entity… shell company?

 

So, when Maiden Lane II bought the assets their face value was $39 billion… and they paid $20.5 billion.  Now their face value is just over $7 billion and Credit Suisse paid… oh dear, wouldn’t you know it… the NY Fed says the actual price you guys paid won’t be disclosed until April 16, 2012.

 

Why is that, Dale?  Why can’t the Fed disclose how much the Credit Suisse bid was until April 16, 2012, when the sale was made on January 19, 2012?  I’m sure there’s a perfectly good reason don’t get me wrong… I’m sure it’s just something to protect the interests of U.S. taxpayers.  Always looking out for us, aren’t you, Dale?

 

So, I hate to even mention it, but does the fact that you guys at Credit Suisse are running around like vulture investors trying to scoop up distressed residential mortgage-back backed securities at bargain basement prices bother you at all… I mean, considering that at the same time you’re publishing supposed “research” in articles on Bloomberg like the one I’m referencing now.

 

The only reason I’m asking is that Laurie Goodman of Amherst Securities was quoted in that same Bloomberg article and she said…

 

“Amherst’s (Laurie) Goodman says that principal reductions are needed to avoid 8 million to 10 million more distressed-property sales.”

 

See, she said that, I’m pretty sure, because she felt it would be a bad thing to have 8-10 million more distressed property sales, but it looks like Credit Suisse wouldn’t actually mind at all if there were lots more distressed property sales, since Credit Suisse is scampering about in the night buying them for pennies on the… no, that’s not right… for some undisclosed amount to be disclosed on April 16, 2012.

 

The suspense is killing me, Dale.  I wonder if Credit Suisse overpaid for the distressed assets they bought?  Any guesses on how it will turn out?

 

Care to know what else Laurie Goodman said about this topic?  Me too… she said…

 

“We have shown that, even controlling for all other factors, principal reductions are more effective.  Realize also that banks are doing it on their own portfolios and have been for years. Why would they continue if it was not more effective?”

 

Oh, Dale, Dale, Dale… so the banks have been doing principal write-downs for loans in their own portfolios for years, isn’t that fascinating?

 

So, it must be that principal reductions are only an effective methodology for preventing foreclosures when we’re talking about portfolio loans on a bank balance sheet.

 

The whole moral hazard thing only makes principal write-down ineffective when the U.S taxpayers are on the hook for the losses… and when Credit Suisse might get a chance to buy the distressed assets at pennies on the… ooops, I almost forgot… can’t tell until mid-April.

 

Congratulations, Dale.  As rear ends go, you have no peer.

 

Mandelman out.

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.

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