Jan
30

Bloomberg | Proposed 50-State Fraudclosure Accord Deadline Set for Feb. 3

Proposed 50-State Foreclosure Accord Deadline Set for Feb. 3 State attorneys general have until Feb. 3 to decide whether to sign a proposed nationwide settlement of foreclosure wrongdoing with banks including JPMorgan Chase & Co. (JPM) and Citigroup Inc. (C) that may total as much as $25 billion. State and federal officials have been negotiating … Read more No related posts.
Jan
18

MERS Settles, Avoiding Class Action Foreclosure Fee Lawsuit | TREVINO et al v. MERSCORP, CITIGROUP, COUNTRYWIDE, FANNIE, FREDDIE, GMAC, HSBC, CHASE, WAMU, WELLS

MERS Settles, Avoiding Class Action Foreclosure Fee Lawsuit An 11th-hour settlement is expected to stave off potential class action status in a lawsuit that claims foreclosed borrowers were overcharged for attorneys’ fees that the Mortgage Electronic Registration Systems Inc. did not actually incur. The plaintiffs, Jose and Lorry Trevino, filed a motion seeking class action … Read more Related posts:
  1. MERS Suit Seeks Class Status | TREVINO et al v. MERSCORP, CITIGROUP, COUNTRYWIDE, FANNIE, FREDDIE, GMAC, HSBC, CHASE, WAMU, WELLS
  2. CLASS ACTION AMENDED against MERSCORP to include Shareholders, DJSP
  3. Xee Moua – Class Action Robo Suit REGINALD JONES, v. HSBC Bank USA, N.A., Wells Fargo, et al
Jan
18

AFSCME | End Dimon Double Duty – “Jamie Dimon has gone from the ‘Last Man Standing’ to ‘the Most Dangerous Man in America

AFSCME Plan to JP Morgan: End Dimon Double Duty WASHINGTON, Jan. 17, 2012 /PRNewswire via COMTEX/ — The AFSCME Employees Pension Plan (“the AFSCME Plan”) today announced it filed a shareholder proposal asking JPMorgan Chase & Co. (JPM) to adopt an independent board chair. The AFSCME Plan, an institutional investor with more than $850 million … Read more Related posts:
  1. Jamie Dimon: To Fix Housing, Everyone Should Get in a Room and Decide to Do My Bidding
  2. JPMorgan CEO Jamie Dimon: Stop Bashing the Rich “Acting like everyone who’s been successful is bad and that everyone who is rich is bad – I just don’t get it”
  3. NJ Court Dismisses Bank of America Foreclosure Complaint due to Violations: Bank of America Lacked Standing – Wells Fargo Violated Fair Foreclosure Act
Nov
30

John O’Brien Affidavit | Steve Nagy is an Alleged Robo or Surrogate Signer

If it is not a forgery, it is a stamp… ~ 4closureFraud.org ~ John O’Brien Affidavit | Steve Nagy is an Alleged Robo or Surrogate Signer Tweet Related posts:Fraudclosure | John O’Brien Robo-signer Rejection Letter and Affidavit in Support of Filing John Paulson vs Steve Jobs = Destruction vs Creation, and that’s why we’re livid … Read more Related posts:
  1. Fraudclosure | John O’Brien Robo-signer Rejection Letter and Affidavit in Support of Filing
  2. John Paulson vs Steve Jobs = Destruction vs Creation, and that’s why we’re livid
  3. Full Deposition of Beth Cottrell Chase Home Finance – Robo-Signer Extraordinaire
Nov
24

Huge TILA Rescission Victory in Oregon

A homeowner who retained our services to investigate his mortgage loan just recently scored a major victory in US District Court in Oregon in Barnes v. Chase Home Finance.

Our investigation revealed that the borrower, Timothy Barnes, had the extended right to rescind his loan under TILA/Regulation Z due to material disclosure violation by the original lender. We assisted Mr. Barnes in drafting the appropriate notices to rescind his loan and he subsequently elected to send the notices and rescind.

At the time the first notices were sent, Chase Home Finance was the servicer. Chase failed to respond appropriately to the rescission notice. Chase subsequently decided to transfer servicing to IBM Lender Business Process Services. Notice of Chase’s failure to rescind and/or respond according to the requirements under TILA/Reg. Z was provided to IBM. IBM also failed to respond according to the regulations and refused to rescind.

Mr. Barnes subsequently drafted and filed a Pro Se complaint in federal court. Chase and IBM have been playing games in this case and they filed a Motion to Dismiss (predictable). The federal magistrate assigned to the case seems to have a real bias for the banks and handed down a terribly misguided decision dismissing Mr. Barnes’ claims. He objected to the magistrate’s jurisdiction and essentially appealed the woefully wrong conclusions.

Judge Anna Brown analyzed the issues, pleadings, etc. and handed down a near complete reversal of the magistrate’s decision. Her brief has since been published on WestLaw and multiple legal databases since it so complete. She goes into great detail on the actual law which we stand on in this case.

CLICK HERE to get the slip copy of her brief published in WestLaw. It goes through the entire history of this case in great detail along with her reasoning and findings.

This is a major score for the homeowners in Oregon especially but really all over the US. I have been saying for years and years that TILA Rescission is a complete defense to foreclosure and provides the most comprehensive remedy to a homeowner when PROPERLY applied.

The key issue is that most attorneys do not truly understand TILA Rescission and really don’t know how to apply it and argue the elements. That’s ok if they have an expert like myself helping them but it’s so important for homeowners to understand that TILA Rescission is an excellent tool to fight with when you have the statutory right to rescind.

The other problem I have seen though is that most of these “forensic auditors” out there who are not experts, many, if not most are actually scammers, and the few who aren’t an outright scam have no clue how to properly apply the elements of TILA rescission and analyze the issues to elicit if the homeowner has the right to rescind. In fact, I have seen many many cases where the homeowner thinks they can rescind but really don’t have the right under TILA to do so.

Yes, there are instances where fraudulent inducement or fraudulent concealment or mortgage fraud may provide for a claim of common law rescission but that is completely different from TILA rescission. It’s important to have an expert truly analyze your loan.

For Tim Barnes, way to go. Great victory and anxious to see how this case progresses now that we have a real judge involved who cares about the law. Way to go Judge Brown. It’s refreshing to see a judge who takes the time to understand the issues and truly cares about applying this consumer protection statute properly, without bias.

 

Nov
21

Insight: The Wall Street disconnect – “The consumer is simply an income stream and exploiting that is the purpose of the banking organization.”

Insight: The Wall Street disconnect David Mooney, chief executive officer of Alliant Credit Union in Chicago, one of the nation’s larger credit unions, used to work at one of Wall Street’s top banks, JPMorgan Chase. There’s a vast cultural gap between Wall Street and his new world, he says: Old friends from the Street, he … Read more Related posts:
  1. BREAKING NEWS: Amendment Allowing Judges to Modify Mortgages to be Included in H.R. 4173 – Wall Street Reform and Consumer Protection Act
  2. Lee Camp | “Wall Street Is Dirtier Than Occupy Wall Street”
  3. Prostitution Ring for Wall Street Clients Busted
Nov
15

Occupy Steven J. Baum | Occupy Buffalo is Taking its Show on the Road Today to Baum’s Amherst Offices

This just in from the Buffalo News… Spread the word! Most recently, it’s been denounced for making fun of foreclosure victims, after photos emerged from the firm’s Halloween party last year, showing staff dressed up in costumes as debtors and, in one case, mocking a New York City attorney. The attorney, Susan Chana Lask, sued … Read more Related posts:
  1. You’re FIRED | Foreclosure Mill Lawyer Extraordinaire Steven J. Baum Dropped by Freddie Mac
  2. Susan Chana Lask Esq to Steven J. Baum RE Halloween Picture – “I’m not dead yet” Joins Forces with Rep Cummings and Plans to “Bury” Baum Legally
  3. Chase and the Law Offices of Steven J. Baum Draw Scrutiny Over Tactics in Foreclosure Cases
Nov
08

Steven J. Baum | Rule Affirming Foreclosure Cases are Accurate is Unconstitutional

“Under the rule, banks’ attorneys in each foreclosure must affirm in writing that they communicated with their clients, that the client reviewed the documents and that the documents are accurate. The attorneys must also affirm, under penalty of perjury, that the papers are correct. Otherwise, the foreclosure can’t proceed.” ~ This guy does not know … Read more Related posts:
  1. Chase and the Law Offices of Steven J. Baum Draw Scrutiny Over Tactics in Foreclosure Cases
  2. Fraudclosure | New York AG Subpoenas Steven J. Baum, Pillar Processing over Foreclosure Practices
  3. NY Foreclosure Firm Steven J. Baum: Sorry for Mocking Homeless
Oct
03

Make Them Pay (Banks) | S.F. March/Arrests – Six Arrested Protesting Bank Foreclosures During Occupy SF

  Brenda Reed, Tanya Dennis, William Chorneau, Manny S. Tucker, Gabriel Haaland, and Claire Haas were all arrested inside Chase on Market and Second streets while hundreds rallied outside, according to Guardian City Editor Steven T. Jones, who is there at the scene. The occupation was staged following a march that originated at San Francisco’s … Read more
Sep
08

“Chase Burning” Painting that Lead to Police Questioning Sells for $25,200 on Ebay

 The Art of Burning Banks Burning bank artwork leads to police questioning Via eBay…  I think this painting is really touching a nerve so I’m putting it up for auction.   It’s getting a lot of publicity which I’m very excited about!  It started out as a simple urban landscape painting for a series of artworks … Read more
Aug
10

Defiant Democrats vow to waste more money trying to recall Scott Walker

Aw.


You’ve got to chase your dreams. Ahab had Moby Dick, Javert had Valjean, and these tools have a guy whose collective bargaining bill is a fiscal success even according to Milwaukee’s favorite newspaper. Can we get them to flush a bunch of money down the toilet next year that might otherwise go towards reelecting Barack [...]

Read this post »

May
04

BREAKING NEWS: HAWAII PASSES SB 651 – NATION’S TOUGHEST FORECLOSURE BILL

It’s official!  Just a couple of hours ago, the Great State of Hawaii’s legislature has passed the nation’s toughest foreclosure prevention bill, SB 651.  The bill proved to have overwhelming support, with the senate voting to pass the bill, 23 to 2, and in the House the vote was 49 to 2.

I think we can safely file the outcome under “DRUBBING,” or “SHELLACKING,” and for those in the media trying to come up with appropriate headlines to describe what happened, might I suggest:

The Total Massacre of the Banking Lobby

Or, what about…

You Want to Foreclose Here, You’ll Have to Do It Hawaiian Style

Or, perhaps even…

Aloha!  (And by that we mean “Goodbye”)

The Rev. Bob Nakata was on hand for the votes and had promised to call me the moment it was over, which he did.  He said that both legislative chairs made strong statements, with Rep. Bob Herkes, quoting from an email he received from a Maui homeowner… and Mandelman Matters reader, by the way… who referred to what has been happening as a “RING OF FRAUD”.

He also said that the banking industry lobbyists were nowhere in sight.

Sen. Roz Baker’s statement thanked all of the people who had helped in the process of getting the bill to and through the legislative process.  I spoke with her following the vote and asked her when the Governor is expected to sign the bill into law, and she explained the process:

“As soon as we (the senate) receive it from the House, we will be enrolling it to the governor, and my plan is to then contact him and request that he sign it as quickly as possible.”

Sen. Baker says that in the process of bringing the bill to the legislature, they worked very closely with the Dept. of Commerce and Consumer Affairs, and it’s also already been vetted by the judiciary and members of the governor’s staff… so, she sees no reason for a prolonged delay in making it law.

Rep. Herkes explained that the bill places an immediate moratorium on all Part 1 non-judicial foreclosures in the State of Hawaii.  Servicers will still be allowed to foreclose under the Part 2 non-judicial process, as amended by SB 651, and through the state’s judicial foreclosure process.

Apparently, Hawaii had two non-judicial foreclosure processes on its books, Part 1, which was originally enacted in the 1800s, offered absolutely no consumer protections.  And Part 2, which was passed in 1998, included a provision added in conference that required the borrower to sign off on the deed of trust.

The moratorium was placed only on Part 1, which Baker said, “is the one banks were using pretty much all the time… no big surprise.”  And the bill amended the Part 2 non-judicial process so as to no longer require a borrower’s signature on the deed.

Sen. Baker told me that it has not been the local banks that have been the problem in Hawaii, as they generally use the judicial foreclosure process to foreclose.  “The problems have been caused by the large, mainland banks, like Bank of America, who bought all the Countrywide loans, Wells Fargo, Chase, that’s the group we’re talking about.”

The new law provides for mandatory mediation in the non-judicial foreclosure process… so, if a homeowner requests mediation, the servicer must participate… “And do so in good faith,” Baker is quick to add.

“Servicers can face some fairly serious sanctions if they’re found not to be acting in good faith, for example, they can be barred from foreclosing,” she told me.

She also explained that per the law, “If while in mediation, they decide to let a home go in a non-judicial foreclosure process, they can move into that process and there will be no deficiency judgment.”

Sen. Baker and a very knowledgeable staffer in Rep Herkes’ office explained that a task force had been formed last year to study the issues involved, and the goal was to bring different perspectives into the process.  Steve Levins, who is the Director of the Office of Consumer Protection at the Dept. of Commerce and Consumer Affairs, chaired the task force, and the Vice Chair was Marvin Dang*1, a private attorney who represents banks.

Sen. Baker also pointed out that, although the task force was formed last year to study the issues involved in foreclosures, Bank of America never bothered to get involved with anything face-to-face… until about mid-March of this year, as the legislative process was advancing, saying:

“It wasn’t until March that BofA started showing up and being friendly to all of us in the legislature, they even provided us with what was supposed to be a special phone number that we, as legislators could use… saying you can always reach Bank of America.  Well, I asked my staff to call that number on several occasions and they got just as big a run-around as many of the homeowners, so that didn’t do much to endear me to their point of view.”

(Coincidentally, that was just three weeks after my article, “Hawaiian Homeowners Pay Unexpected Visit to Bank of America in Honolulu,” appeared on Mandelman Matters.)

Baker says that under the new law, the servicer will be required to get their documents together in advance in order to show the mediation board that they do in fact have the right to foreclose.  These documents are listed in the bill and include such things as “the promissory note, any endorsements, allonges, amendments, or riders to the note evidencing the mortgage debt.”

(And that, my friends, is going to make for some compelling television.  Wait… I know what the bankers can do… why don’t they just get some employees to sit in offices and start signing Lost Note Affidavits all day long without reading them… then they could get the notary stamps… oh, wait… that’s probably not going to fly, now is it?)

The staffer in Rep. Herkes’ office, who said she preferred to remain nameless, said that she thought the bill’s passage was wonderful news for Hawaii.

“It was almost magical the way this happened.  We just had the right people involved.  They were people that truly understood the problem, or took the time to become educated about the problem.  Everything just came together,” she told me.

Well, CONGRATULATIONS TO EVERYONE THAT WAS INVOLVED IN PROPOSING AND PASSING SB 651. You have done something that no other state has been able to do, and you should be very proud of what you’ve accomplished.  There should be no question that you have saved both homes and lives.  No question that your work will change the future lives of today’s young children.

You should be recognized as heroes by the rest of the nation, for I believe that history will one day show that it was your passing of this bill that was the pivotal moment after which the worst economic crisis in American history began to reverse itself… because it was from this moment forward that balance began to be restored and the power of the financial oligarchy began to decline.

And, as my readers might guess… I simply could not be happier to have been even peripherally involved in this victory over the last week, and the fact that my articles were helpful in any way has motivated me to do even more to help at the state level in the future.  So… watch out banker-people… I’m going all the way now.

And to homeowners across America… will you look at what happened here!  It’s about as close to a road map to stopping the foreclosure crisis as one might ever get, and I’ll be writing about how one might get started in the days and weeks to come, so please click here to SUBSCRIBE to Mandelman Matters so you won’t miss the ideas that… well, that MATTER!

Mandelman out.

(*1In a previous article on Mandelman Matters that described Hawaii’s SB 651, I reported that Mr. Dang was both bank lobbyist and member of the Mortgage Foreclosure Task Force, and based on a prior article in Honolulu Weekly, that he failed to disclose that relationship.  However, a staffer in Rep. Herkes’ office has since informed me that this characterization is not correct.  She says that everyone knew that Mr. Dang represented banks and that’s why he was chosen to serve on the task force, the goal being to bring all points of view into the legislative process.

I will be retracting the statements I made about Mr. Dang as soon as I confirm this, and providing a link to Honolulu Weekly’s clarification or retraction.  However, in addition I have contacted Mr. Dang’s office and offered to interview him for a stand-alone story on Mandelman Matters in which he can offer his perspective on the bill and the issues involved.)

ONE MORE THING…

Dear Sen. Baker, Rep. Harkes… and MEMBERS OF HAWAII’S MORTGAGE FORECLOSURE TASK FORCE, including the DIRECTORS AT FACE AND HAWAIIAN COMMUNITY ASSETS… and especially my reader, Marcy on Maui and my new friend, Rev. Bob Nakata… You’re all heroes to me!   MAHALO NUI LOA!  Take a break… you deserve it!


Mar
27

JACK BOOTED THUGS- THE LATEST CHASE BREAK IN….

chase-foreclosure-noticeI field calls all week long from people who have had their homes broken into by the banks.  It’s a terrifying and disgusting that the banks do this now with impunity.

The typical scenario finds the banks drill out the locks and remove whatever property they wish.  If a homeowner calls the police, the police will refuse to do anything, they will not even take down a report.

I have lawsuits pending challenging these tactics, but it’s too little too late.  It’s a disgusting country we live in now….and it’s only going to get worse.  This legislative session in Florida will feature corruption and payola on full display like never before.  Just wait till you see what they’re going to come up with…..

Chase+Notice

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Mar
16

Chase Jackbooted Thug Letter To Homeowner- WE’RE GOING TO KICK DOWN YOUR DOOR!

chase-foreclosuresAmericans are now acutely aware of the undeniable fact that the banks and institutions control us all.  Increasingly, Americans understand that our courts and law enforcement are largely powerless to protect us from the onslaught from the banks…get in their way and they’ll just roll right over you.   For a particularly disturbing example, learn how they are ignoring the rights of soldiers who find themselves in foreclosure.

But some people still are not convinced that this is happening…well, read the following letter and tell me what you think…

chase

And just in case you think they law may provide some legal basis for them to do this…read the case law….

JACOBINI – Cases and Statutes

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Jan
19

Investors Suing Banks Are On The Same Side As Homeowners In Foreclosure

EMC-MortgageIt’s next to impossible to get any information while you’re in foreclosure from the servicer or trustee.   Reasonable discovery requests for basic information are objected to and almost never complied with.  It’s not just homeowners receiving the cold shoulder…the investors are as well….JUST WHAT ARE THEY HIDING?

JPMorgan Chase & Co.’s EMC Mortgage, facing homeowner lawsuits over foreclosures, was sued by the trustee of a mortgage portfolio for refusing to turn over documents detailing the quality of loans bought by the trust.

Wells Fargo & Co., the trustee, is seeking access to files for more than 2,000 underlying mortgages in the Bear Stearns Mortgage Funding Trust 2007-AR2, according to the complaint filed today in Delaware Chancery Court in Wilmington.

BLOOMBERG

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Nov
29

GOD BLESS ICE LEGAL- AWESOME New Attorney Fee Order!

chase-foreclosurePerhaps the only thing that will change things is hitting them on attorney’s fees….the evil that permeates this country is astonishing….

WE ALL OWE A TREMENDOUS DEBT OF GRATITUDE TO TOM ICE AND ICE LEGAL FOR ALL THEIR GROUNDBREAKING AND EARTH SHATTERING WORK.

What will you each day to fight the tyranny and the unchecked abuses of power?  What will you do each day to fight for your country?  Are you willing to stand up and fight the rich, the powerful, the entitled?  Will you dig deep inside your American psyche and reconnect with the patriot’s blood of your forefathers?

Valcarcel v Chase attny fees awarded 4D10-379

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Nov
17

Where Are Our Religious Leaders?

So, in case you haven’t noticed, we’re having quite the economic crisis in this country.

Close to 7 million people have already lost their homes to foreclosure, and there are most assuredly many millions more to come… some say 9 million, other say 14 million… but I don’t know why anyone think it would stop there, assuming it’s actually allowed to go that far.

As if, like on VE or VJ Day, the days on which WWII ended in Europe or Japan, respectively, a bell will ring and some news announcer will say:

“Today at 3:00 PM Eastern Standard Time the last foreclosure took place in Berwyn Heights, Maryland.  Yes, the foreclosure crisis, which started in the latter part of 2007, has finally come to an end.  The last irresponsible sub-prime borrower family to be thrown from their home was the Wasnicki family.  Mr. Wasnicki told news reporters on the scene that he was sad to have to finally move from the family home of the last 25 years, but that having not made a mortgage payment for the last seven years, he feels sure that he’ll get over it.”

“I just don’t know what we could have done differently,” Mr. Wasnicki told Channel 7 News.  “All we ever wanted was a loan modification so we could get down off that 11 percent interest rate they stuck us in when we weren’t looking, but our bank just kept jerking us around, losing the paperwork… it was surreal.”

“But it worked out,” Wasniki continued, “and we saved up $212,000 while we watched Bank of America go under and now that the house across the street is selling for $39,500, we went ahead and bought two… one for us and one for our daughter and her new family.  Funny to think that when this whole thing started she was in the tenth grade.  I just don’t see how the banks came out ahead, but you know that Geithner fellow over at Treasury must know stuff we don’t know.”

Asked by Channel 7 where he banks today, Wasnicki replied: “Well, not at Bank of America, Chase, or… what was the name of that other bank that used to be around?  The one with that little stagecoach logo… I can’t remember, it’s been so many years since they been around.  We’re like most folks in this country today… we joined the credit union, but keep most of our money in Royal Bank of Canada.  I wouldn’t bank with a U.S. bank if it was the last one on Earth.  Rather bury the silver and gold coins we put our long-term savings in, in our damn backyard.”

No, if we lose another 10 million homes to foreclosure in this country, I’m fairly confident that none of us is going to recognize the place.  And, unemployment?  Fuggetaboutit.  I know I’m not going to be living here, that’s for damn sure.

Already, according to ABC News,

“Forty-two million people currently receive monthly benefits under the Supplemental Nutrition Assistance Program, more commonly known as food stamps.  That’s up by 10 million from a year ago.”

That’s 42 MILLION AMERICAN CITIZENS ON FOOD STAMPS, did you get that right?  There were 11 million Americans on food stamps in 2005. So, 42 million five years later would look like a trend line that could only be tracking Wall Street’s executive bonuses.

The ABC News story went on to say that:

“The U.S. Department of Agriculture reported that in 2009, nearly 50 million Americans — 15 percent of U.S. families — were ‘food insecure,’ meaning they were ‘uncertain of having, or unable to acquire, enough food to meet the needs of all their family members’ — either they didn’t have enough money or lacked other resources to buy food. One in 10 families with children worried about food at some point in the year. Between 500,000 and 1 million families were so strapped the children had to go without eating at some point.”

Yeah, we’re doing great in this country, aren’t we?  And we’re worried about how we place in education compared to other countries in the world.  If you ask me, we better start worrying about how we’re going to stop fathers from committing crimes to get money for food.  But wait, as they say… there’s more.

In addition, taxpayer-funded programs pay for breakfast and lunch for 30 million U.S. children, and more than 9 million mothers receive federal help feeding infants and children under the Women, Infants and Children, or WIC, program.

Oh this is great… I used to live in the country with the highest standard of living in the world, and now I live in one of them save-the-children-in-Bangladesh-ads that used to air all the time on late night T.V.

And here’s a real special paragraph from the ABC News story:

“This extended recession has placed people in circumstances where they need to rely on programs like this,” said Mark Nord, a researcher with the USDA’s Economic Research Service and the lead author of the food insecurity report. “I know meeting with, whether it’s government offices across the country or with food pantries and food banks — in all of those instances people have reflected the fact, to me, anecdotally that they are serving people who never envisioned in their lifetimes needing to turn to either a state or a county for federal assistance or to a food bank for assistance.”

Pardon me, but we’ve got someone in this country in charge of something called a “FOOD INSECURITY REPORT?”  And Dick Fuld got $500,000,000 for bankrupting Lehman Bros.  Holy Mother of God.

And that brings me to the point I’m trying to get to in this article… where the heck are our religious leaders during all this?  I mean, after Hurricane Katrina, there were churches popping up all over the place offering support and assistance to displaced families.  So, where are they now?

I decided I had to know… so first I interviewed a pastor, then a rabbi, and then went I went looking around using Goggle… and truth be told, I didn’t find much.

Faith in Public Life, an organization that refers to itself as “A Strategy Center for the Faith Community,” issued a Press Release on November 4, 2010.  In that release, Rev. Jennifer Butler, the organization’s Executive Director, was quoted as saying:

“The faith community knows firsthand how hard families have been hit by our economic crisis, and we know that this election reflected voters’ frustration with a still-stagnant economy.  The fact that an overwhelming percentage of voters ranked the economy as their top concern speaks not only to individual anxieties, but also to our concerns about our nation and its values. Economic injustices are moral injustices, and people of faith are outraged by the role of greed and materialism in our society, as banks take advantage of families to further their profits and the gap between the rich and the poor grows more pronounced by the day.”

Okay, so that sounds good, right.  At least the Rev Butler is saying all the right things.

That same release quoted Steve Schneck, Director of the Institute for Policy Research and Catholic Studies at The Catholic University of America in Washington who said:

“The economy is clearly driving the electorate now, and political leaders looking for a message that resonates with those struggling in these difficult days would do well to remember that we’re fundamentally talking about a values issue.  Our nation’s diverse faith traditions, especially Catholic social teaching, emphasize the common good and the essential role government has in building a just economy that works for all. This tradition and powerful message is not heard enough today and is urgently needed at a time of economic anxiety, growing ideological polarization and voter anger.”

A couple of things about that: One… it doesn’t seem to me like the politicians care much about that line of thinking, to me anyway.  It looks to me like our elected representatives are all more interested in praying at the Church of Latter Day Bankers.  And two… If Mr. Schneck is right about Catholic “social teaching,” then one might wonder what Catholic voters are learning.

In this last election, according to Faith in Public Life’s release, Catholic voters moved to the right in fairly significant number, with 54% supporting Republicans running for seats in the House of Representatives, compared with 42% in 2008, and the right is hardly the place to go for foreclosure crisis support.  But that move, from frying pan to fire, likely just reflects the general dissatisfaction with Democrats who controlled the House over the last two years, as opposed to any sort of ideological change in the Catholic electorate.

One of the key groups that seems to be trying to bring religious leaders to the foreclosure crisis issue is People Improving Communities through Organizing, or PICO, a California-based group that says it’s mounting a nationwide campaign for changes in mortgage lending.

In January of 2010, the website boston.com, an online site owned by the Boston Globe, published a story about religious groups getting involved in the foreclosure crisis, writing:

“In Massachusetts, a web of groups with religious affiliations have signed on to the cause, including the Brockton Interfaith Community, which is made up of religious institutions and other groups in a city battered by foreclosures. The group is one of six organizations in the interfaith Massachusetts Communities Action Network, also part of PICO.”

The same story also reported that:

“Local religious groups also are participating in a national effort to curb high interest rates on credit cards.”

Well, praise the Lord for that… but it’s not working.

The story went on to report that:

“The Greater Boston Interfaith Organization, based in Dorchester, recently launched a campaign to lower rates, which can exceed 30 percent and have been devastating in low-income communities. The organization, made up of 50 faith-based and community groups, is coordinating efforts with its parent organization, the Industrial Areas Foundation, based in Chicago, in calling for a 10 percent cap on credit card interest rates.”

Clearly, the top three religions practiced in this country, Christianity, Judaism, and Islam, all speak of prohibitions against “usury,” defined as lending at exorbitant interest, a point made by the Reverend Hurman Hamilton, president of the Boston-area group.  But all of that and $1.95 is going to get you a tall coffee at your local Starbucks, as long as you don’t pay for it with a credit card, in which case it’s likely to cost you 30% more.

Janine Carreiro, lead organizer for Brockton Interfaith Community, was quoted in the boston.com story as providing the following explanation for the late entry of religious groups to the crisis:

“A lot of the ministers didn’t know this was affecting their congregations.  The whole issue is hard to get your mind wrapped around: What does it mean to have a subprime loan, what are the terms?’’

And my response to that is… nonsense.  In fact, the very first pastor I interviewed when I started writing this story roughly six weeks ago, after maybe ten minutes talking with me over the phone, admitted that he had lost a home to foreclosure more than a year ago.  And he, it’s interesting to note, didn’t tell anyone at his church about it.  They know what’s happening, our religious leaders… everyone knows… no one is immune and no one is getting out of this unscathed.

The boston.com story also quoted Rabbi Arye Berk, of Temple Beth Emunah in Brockton, Massachusetts, who said

“… he was awed by the number of government agencies and federal programs involved in the machinations of mortgages. He said he remembers turning to a colleague at a meeting and saying, ‘This is nothing they teach you in seminary.’ The briefing he received from the interfaith group was ‘like a crash course’ on the mortgage crisis, Berk said.”

According to Rabbi Berk:

“We are not supposed to leave people outside.  We know what it is like to be without a home.’’

Okay, I’ll have to take the rabbi at his word, but to be entirely candid I wish I was more sure that he’s right about that.  Oh, I’m sure that religious leaders, most anyway, can empathize with the plight of the homeless, but I’m not at all sure that they think or feel the same way about people losing homes to foreclosure.  I know our president sure doesn’t give a darn, and if he doesn’t know any better, why should we expect our religious leaders to know better?

The story reported that Carol Delorey, a part-time cleaning woman and community activist who headed a city task force on housing and foreclosure prevention four years ago, was behind the launch of an emergency phone line for struggling homeowners, and in fact, initially calls were routed to her home, according to boston.com.

Yep, why am I not surprised?  Leave it to a part-time cleaning lady to save the day when all the Harvard grads on the planet can’t seem to put the facts together… no surprise there.  Jesus was a carpenter, right?

Delorey told members of the Brockton Interfaith Community about the stories she’d been told by homeowners, but just like the pastor I interviewed, many said they were too embarrassed to reveal their financial problems to members of the clergy, which is what led the group to start educating the city’s religious leaders about the housing crisis in late 2008.

And therein lies the rub.  I believe that our religious leaders know of the problem, how could they not?  But I also believe that too many lack the formal education necessary to understand the problem at a deeper level, and therefore likely struggle with how they should think about what’s going on in America’s communities today.

The Huffington Post recently reported that:

“A national network of faith-based organizations, homeowners and community organizers met with Treasury Secretary Timothy Geithner on Wednesday (Nov. 3), urging him to tackle problems with fraudulent foreclosures.  Organizers from the group People Improving Communities through Organizing (PICO) and other activists said a program designed to modify mortgages, enacted soon after President Obama took office, is leaving too many cash-strapped families behind.”

But the story went on to say:

“The Home Affordable Modification Program (HAMP) allows homeowners to modify or refinance mortgages; officials say it could provide relief for as many as 3 million families on the verge of foreclosure.

’Only one half of the families have been given relief,’ said the Rev. Tommy Pierce, a board member of Illinois People’s Action.”

And none of what that guy said is even close to being factually correct.  First of all, the HAMP program was supposed to help four million homeowners, not three million, and secondly, less than 10% of that number have allegedly been helped by HAMP, and the question of how many have received meaningful help remains unanswered.

The HuffPo story went on to say things like:

“PICO wants permanent loan modifications for these families.  The organizations also want banks that do not comply with the terms of the program to be fined, as well as aggressive enforcement against lenders recently caught up in hundreds of thousands of faulty foreclosures.”

But the story also reported that Jennifer Murphy, who is the Director of Lender Service Relations for the Center of New York City Neighborhoods, said that in her view Geithner “heard the message, but she was skeptical the meeting would result in many changes.”

According to the story Murphy said:

“They expressed that there is nothing more that they can do to compel the banks.  I would hope they would look harder to see if there is some way. The American people saved the banks. Now it’s time for the banks to save the American people.”

And to all of that I can only say… is that it?  Is that all these groups have got?  They went to Washington, met with Tim Geithner, told them of their concerns… and then he said something to the equivalent of “there’s nothing I can do,” and so they went home.

Wow, well this isn’t exactly the abortion issue, now is it?  Seven million people lose homes and go hungry as a result of the acts of corrupt bankers and politicians and it’s barely worth a few trips on the train from New York to D.C.

I’m not saying that anything can or should replace prayer, nor would I ever suggest such a thing.  But God helps those that helps themselves… and we’re all going to need to help each other if we’re going to make it through… and bring the real and positive change that’s needed to put this nation back on track.

So, I’m calling on our religious leaders to do more… to speak out on behalf of the people. And if there are some that feel they need to know more in order to do more, I’m offering to help.  I’ll do anything I can to help bring knowledge to those that lead churches, synagogues and mosques about our economic meltdown so they can do more to help their followers get through these very difficult times…. and the even more difficult times that are most certainly ahead.

Think of it like Hurricane Katrina, only the entire country is underwater and millions are drowning… afraid, ashamed and alone.  And it’s wrong.

So, where are out religious leaders?

Mandelman out.


P.S. The pastor that I interviewed got back in touch with me and I’ll be providing a seminar for the members of his church after the first of the year.  Not only that, but he tells me that they are now considering buying a trailer park near by to be able to provide temporary housing to those that lose homes.

So, I have faith that our religious leaders will be there eventually, I just want to see them do more… now, and I pray that they will hear this call to arms, because there are so many that need them now.

Amen.

Nov
01

CHASE NOT DEALING IN GOOD FAITH WITH BORROWERS (SURPRISE)

HAMP-septemberIt will come as no surprise to anyone following the foreclosure wars to know that the lenders absolutely do not want to modify loans or work with borrowers.  One need look no further than the September Hamp Numbers for specific facts to back this up, but the bottom line is the servicers are taking  billions in taxpayer dollars (dollars that Congress now admits they are not entitled to in some cases), but they are not working with the very taxpayers that are funding their effort. That’s heaping insult on top of injury on top of obscenity…but then who really cares right?

It’s bad enough that they’re not being dealt with fairly, but below is proof positive from a lender that they are going to be actively working behind the borrowers back.

Chase Waiver Request (redacted)

chase-waiver-form

This is an absolute license to negotiate in bad faith, provide false hope while at the same time, work hard to achieve the ultimate goal (take the home).  Anyone need anymore proof that there are perverse, hidden motives here and that the lenders are not interested in keeping borrowers in their homes?

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Sep
23

Reporting on Ongoing Outcomes Using the REST Report

WARNING: THERE ARE FIRMS CLAIMING TO OFFER THE REST REPORT THAT ARE NOT AUTHORIZED TO DO SO.

IF YOU’RE UNSURE ABOUT WHETHER THE FIRM YOU ARE TALKING TO IS AUTHORIZED TO OFFER THE REPORT, PLEASE EMAIL ME AT MANDELMAN@MAC.COM.

Okay, a lot of people want me to write about the outcomes we’ve seen when homeowners use the REST Report when applying for a loan modification or to negotiate a short sale.  And I suppose they’re right to want such an article to be written, because it’s undeniable that the REST Report is effective.  Moreover, assuming the REST Report shows a positive NPV result, it is the only single thing I’ve ever seen make a significant difference, so for that reason alone, its track record should be more widely known by those trying to get their loan modified.

At the same time, it’s not an easy thing for me to write for a number of reasons.

For one thing, even though I’ve received numerous emails and phone calls telling me about the successes that homeowners have achieved after using the REST Report, what that means to the next homeowner that uses it… is absolutely nothing.  Every single loan modification application received by a lender or servicer is unique… no two are alike, and no two are judged exactly the same way.  For another, I have no idea that want happened yesterday will happen again tomorrow.

I know better than anyone, that there are no patterns when it comes to loan modifications being approved, and its worth noting that the report by itself does nothing… homeowners still have to comply with all of the other requirements and document their income, etc. etc.   Even so, one day I hear from homeowners that Indymac is “the worst,” and the next it’s Chase that is modifying nothing.  Litton sucks all the time, as I hear it told, but other that that, it seems that it’s anyone’s guess what will happen tomorrow or the day after that.

I was about to tear into GMAC, but now I hear that they’re not foreclosing on anything at the moment, so maybe they knew they were about to be shredded by bloggers everywhere, who really knows.  And a new player on the loan modification front, RCS, seems to have bought the loans they now own for the sole purpose of foreclosing… they don’t even seem to like the HAMP guidelines.

Still, if there’s been a constant in the loan modification game, it’s been the REST Report.  Homeowners who submit a REST Report to their lender or servicer do in fact get a positive outcome most, if not all of the time.  And when they don’t get a positive result initially, they have a basis for appeal and escalation and from that process they emerge victorious far more often than not.  Truth be told, I have only heard of a handful of cases that don’t end happily, although there are certainly many in progress at this time.  Each of those are quite the statement, I realize.

But, there are those… including me… that don’t think that what passes for a loan modification today is in the best interests of many or even most homeowners, and I would be remiss if I didn’t come out and say it loud and clear.  Modifying your predatory loan by bringing down the interest rate and extending the term in order to provide a more affordable payment still leaves far too many homeowners so far underwater that it’s probably a better option to simply walk away.  Home values aren’t coming back any time soon, and by that I mean… well, perhaps not in my lifetime… and I’m 49 years old.

At the same time, I fully realize that there are those that have their own reasons to want to stay in their homes, and if they could get a modification that they could live with they’d want to accept it and move on.  Sometimes it has to do with kids in the home, other times it’s just that people are reluctant to let go… and I do understand and accept the reasons I hear from homeowners no matter whether I personally agree with them or not.  If it’s important to you, then although I may still try to talk you out of it, it’s still important enough for me to try to help you in any way I can.

And in that regard, the REST Report works far better than anything I’ve ever seen or heard about, and that’s after hearing about hundreds of “answers” and ideas that were intended to drive servicers to be responsive to homeowners.

Consider the couple who I heard from a couple of weeks ago:

According to their attorney, when they ordered the REST Report they already had a sale date.  The servicer was Chase who had denied their loan modification saying only that they had failed the NPV, nothing more.  Frankly, they didn’t have much hope, but had read about the report so decided to give it a try.  Not only did Chase cancel the sale date, but they approved a permanent modification in 13 days!

Or consider the story of the 60 year-old Southern Californian who I interviewed and who explained that he’d endured the personal hell of going through 13 sale dates in a 14-month period with Litton.  He was offered the REST Report and within three weeks was granted a trial modification a few months ago.  Last week Litton granted him a permanent modification.

Or what about a Northern California family who I also interviewed and who, after more than a year trying to get Wells Fargo to modify their loan, received a trial modification just four business days after sending in the REST Report… from $3800 to $2200!  Three months later, just last week as a matter of fact, Wells approved their permanent modification.

And there are literally dozens, or perhaps hundreds of others who can tell similar stories.  It’s truly remarkable.

Will any of that happen tomorrow?  I have no idea, and I’m not prone to guessing what our “friends” the bankers are planning for our future.  The only thing I’ve learned about banks these last two years is that I will never trust them for anything again.  If Bank of America someday tells me the sky is blue, I won’t be making picnic plans without looking at the sky myself, and even then I’ll be bringing an umbrella and make sure the car’s parked near by.

And then there’s the issue I’m about to start writing about: Do these banks have the right to foreclose at all?  And I think as you will see, the answer in hundreds of thousands of cases is no, they do not.  It’s now been written about in the mainstream press that the banks have been hiring lawyers who have been forging documents in order to foreclose, and even the Florida Attorney General has said that it appears that many thousands of foreclosures were approved by the courts based on these forged documents.

So, if you’re of a mind to invest the time and money suing your bank, I’m on your side 100% of the way.  But, make no mistake about it… there are no guarantees found down that path either, and not everyone is cut out for such litigation against a major financial institution, especially those who reside in a non-judicial foreclosure state where it’s that much harder to file such an action.  Not impossible, by any means, and I’m looking to report on every single success, but it’s no bed of roses no matter how you slice it.

So, that’s what I can say about the REST Report and getting a loan modification.  If it’s something you want to do… get your loan modified, that is… my advice is not to try it without running a REST Report.  You can run a REST Report anytime, even if you’ve already been turned down because they say you’ve failed the mysterious NPV.  You’ll know for sure once you’ve run your own REST Report, and you’ll have the detailed numbers you need to push back and appeal the decision.

If you have a REST Report, you have the data you need to push back and take it to the highest level of appeal… including the courts where the report has been used successfully several times over this past summer.  In point of fact, even if you were to suing your lender over a breach of the HAMP contract, for example, the REST Report, according to several trial attorneys, would be a very important piece of evidence used to establish your qualification for the program to the judge.

Why Does it Work?

You might want to read an article I wrote recently titled: Inside Chase and the Perfect Foreclosure.  Besides it being interesting as all get-out, it also showed me and others why the REST Report has been so effective.  The ex-Chase employee I interviewed in the article spoke about how he was awarded a big portion of his bonus based on documenting everything that came in as part of the borrower’s file.  He also talked about how servicers like Chase are concerned about investors coming in to audit their files.

So, it would seem that if your REST Report shows the investor would come out ahead by modifying, it would make it that much harder for the servicer to turn down such a modification, as making a decision not in the best interests of the investors would violate the Pooling and Servicing Agreement, and could therefore become the basis for a law suit against the servicer.  Just something to consider…

The Cost Involved…

Different firms do have different prices for the REST Report, and there’s good reason for this.  For one thing, some firms choose to offer the REST Report on a stand alone basis, and others offer various levels of ancillary expert support services packaged with the report.  But regardless of which firm you choose, it’s not cheap… about $895 seems to be about the average advertised price for the report alone, but some firms, like Rest Report Matters, also offer the report packaged with other important services that can help homeowners get through the process of getting a loan modified.

The reason is two-fold.  For one thing, the REST platform is part of a multi-million dollar software platform, it’s not generated using something off the shelf, like Microsoft Excel.  It’s a “loan disposition analysis” system that knows the thousands of variables needed to make the sophisticated calculations required to generate an accurate report that can withstand any level of scrutiny.  Secondly, it doesn’t happen when someone snaps their fingers.  Law firms report that it takes at least 3-4 man-hours to run a report and review it thoroughly with a borrower, and that time costs the firms money, in addition to the dollars spent marketing and training a staff knowledgeable enough to run REST Reports and advise homeowners on how they can be sued in various situations

So, all in all, I couldn’t be more pleased at how the REST Report has performed and more than 1300 reports have now been run.  But, please understand… the REST Report is only a report that shows whether the investor who owns your loan will make more money by modifying your loan as compared with foreclosing on your property.  Because if that’s not the case, there’s nothing you can do… banks and investors are only concerned with money.  And nothing is going to change that.

But, it’s a lot better to know what’s coming than to find out after paying trial payments for God-only-knows how many months before learning you don’t qualify.

I’m sure you have questions about the REST Report and if you would like to discuss the topic further with me, you can always feel free to reach me at mandelman@mac.com.  My readers always get preferential treatment… wink, wink.

I’m truly happy to help, and again, as I’ve disclosed in the past, Mandelman Matters does receive a small percentage of each report run… a very small percentage, however, and nowhere near an amount that would lead me to recommend something I wouldn’t use myself without hesitation.  In point of fact, I wouldn’t even consider applying for a loan modification without having run my own REST Report.  And you… pun intended… can take that to the bank.  (Sorry, I couldn’t help that.)

Martin Andelman

Mandelman Matters

mandelman@mac.com

Sep
13

Chase Sued in NY for denying modifications

 See full story below… this is going to start happening more and more. The  bottom line in this bank charade is that the big banks/servicers are NOT modifiying people’s loans according to the Making Home Affordable (HAMP) provisions and in accordance to their Servicer Participation Agreements with the US Dept. of Treasury, Fannie Mae and Freddie Mac. Why? Becasue they don’t make as much money when they modify… they’d rather keep a homeowner in default and ultimately foreclose. It all boils down to massive greed.

You know, what really galls me about all of this is that these banks took taxpayer funded bailouts which were given to them AGAINST the will of the people but they took the bailout money and now they are givin the US taxpayer the finger when it comes to modifying millions of homeowners into a federal program which would seriously stabilize the entire economy if it were truly implemented. The worst part of this situation is that the banks/servicers who received the bailout money and who are denying loan modifications really don’t have anything to lose really; they sold these mortgage loans they now service so they have already been paid on them. You know who really owns these loans? You and I do basically… city pension funds, state pension funds, mutual funds. Oh yeah… these fraudsters sold the toxic assets to the American people, insured themselves against the default of the toxic assets, came crying to the government to bail out their insurance companies when the claims exceeded the ability to pay out, took bailout money to “stabilize” the bank when they started to fail and now they treat defaulting American homeowners like complete *!$@ when they call the bank to ask for help to save their home and offer to keep paying a payment that they can afford because the whole damn economy has been imploded by their reckless and greedy behavior.

I for one will NEVER put my worthless money in any of the big banks ever again. A safe at home is safer than depositing any money in a bank. Use a small community bank or local state bank. Credit unions are just as bad if not worse. Seriously, we should all collectively bring the big banks to their knees by simply exercising our right of choice. Take your money out of their bank and go open a new account with a small community bank.

If you continue to do business with the likes of Chase, Bank of America, Wells Fargo, Wachovia, US Bank, Citibank, et al. good luck… you’ll probably be forced to sue them one day just to make sure they abide by their agreements because they really don’t care about you at all.

Chase sued in NYC for denying foreclosure relief

Three Queens homeowners allege the bank illegally delayed and denied their applications under the Home Affordable Modification Program; suit seen as first in NYC.

By Amanda Fung

Published: May 4, 2010 – 12:28 pm

Three Queens homeowners filed a lawsuit against J.P. Morgan Chase Bank N.A. and two of its subsidiaries, Chase Home Finance and Washington Mutual Bank, claiming that the groups illegally delayed and denied their applications for permanent foreclosure relief under the federal Home Affordable Modification Program. The lawsuit is seen as one of the first cases involving the modification program in New York City.

The lawsuit, which was filed in the Eastern District Federal Court in Brooklyn, claims that the bank violated the federal program that requires banks to provide permanent modifications to eligible homeowners who complete three months of trial payments and verify their income. Similar lawsuits have been filed against a number of other banks, such as Bank of America and Wells Fargo, in other states over the past year. Last month, a California couple reportedly sued Chase because it told them to stop making mortgage payments so they could qualify for loan modification. Chase then foreclosed on their home.

Chase declined to comment.

“Chase breached their contract,” said Carmela Huang, an attorney at the Urban Justice Center, which is representing the Queens homeowners in the case. “As far as we know, this is the first case in New York.”

Homeowners from three Queens neighborhoods—Queens Village, Fresh Meadows and Jamaica—are suing to force Chase to modify their loans and end foreclosure proceedings.

Despite making timely trial modification payments two of the homeowners were denied permanent loan modifications and their homes were foreclosed, according to the lawsuit. Chase claimed that their incomes were inadequate for the permanent loan modification, but refused to specify income qualifications, said Ms. Huang.

Similar to the California case, the third plaintiff in this lawsuit is a homeowner in Fresh Meadows who claims that the bank instructed him last month to deliberately miss payments so he would be eligible for a loan modification. The homeowner had refinanced in 2005. As a result of missing two monthly payments, the homeowner now faces foreclosure. While the homeowner was placed on trial modification last year, he was denied permanent status based on the value of his house. But the bank has not disclosed the value. The Home Affordable Modification Program requires banks to offer trial modifications as long as the value of modifying the loan is more than the value of foreclosing.

“Our clients’ situation is not unique. We have been inundated by people in foreclosure,” said Ms. Huang, adding that homeowners don’t have enough resources to sue banks. In this particular case, Urban Justice is providing its legal service for free. “The law is clearly on our side. We hope Chase will settle quickly.”

Loan modifications under the federal program reduce homeowners’ mortgage payments to 31% of the homeowners’ income by reducing the interest rate, extending the term of the loan or adjusting monthly payments. According to Chase, since the start of 2009 the bank has offered 750,000 homeowners loan modifications nationwide, 25% of those were permanent. The bank does not break down regional information.

Jun
23

Investors Class Action Against Securitizers

6 13 10investors-suing-chase-includes-list-of-mortgage-backed-securities-various-originators-like-new-century-wamu-wells-fargo-resmae-greenpoint-coun

As Weidner points out, these cases are well worth your time in research. With their minions of lawyers, they have more information that is industry specific than you can accumulate or absorb.

Investors are aligning themselves with the interests of the borrowers. Here they are attacking the false representations of underwriting standards, but more importantly, they are confirming what we have been saying all along: the loan originator (who is really a mortgage broker) was named as Lender in the closing documents but had nothing to do with underwriting or funding the loan. They were an agent working for an undisclosed principal.


Filed under: foreclosure
Aug
08

Loan Servicer Tactics… Foreclose don’t modify; lie, deceive, whatever it takes

As a citizen, please start asking tougher questions and demanding truthful answers of your elected officials. We MUST hold these men and women accountable to representing ‘we the people’ instead of their lobby pals.

Whatever you hear from the Administration or any of the large institutions via the drive-by media you can assume that it’s a lie or many shades of gray with dash or two of spin. Why? Well, of course, the truth is not going to get votes for politicians or more investors and account holders for any of these characters who operate in the shadows of financial institution corporate offices across America.

Let me give you a dose of truth serum in case you’re tempted to believe the drive by media reports on the foreclosures and the Making Home Affordable plan we’ve been told is going to rescue our economy and the housing market and the millions of families jobless and now facing foreclosure. You ready?

Here it is: the loan servicers don’t care about anything but money and the modus operandi is clear… foreclose as fast as possible on everyone in a mortgage hardship. Just modify enough loans to make everyone think we’re really on board with this. Make excuses for everything else. Lie to media about what’s really going on because mostly everyone believes what they hear anyway.

A deeper look into the numbers and statistics will leave you scratching your head though – and asking yourself the question, “but why?”

According to an article by Gretchen Morgenson from the New York Times, “Alan M. White, an assistant professor at the Valparaiso University law school in Indiana, analyzed data on 3.5 million subprime and alt-A mortgages in securitization pools overseen by Wells Fargo. The loans were written in 2005 through 2007; data on their performance is provided to the trusts’ investors. Mortgages handled by five of the nation’s largest loan servicing companies — Bank of America, Chase Home Finance and Litton Loan Servicing among them — are contained in the Wells Fargo data.

Mr. White found that mortgage modifications peaked in February and have declined in all but one month since. While servicers modified 23,749 loans in these trusts in February, they changed only 19,041 in May and 18,179 in June. This is exactly when servicers were supposed to be responding to the government’s loan modification urgings.

Foreclosures, meanwhile, keep rising. In June, 281,560 were in process, slightly above the 277,847 in May. Last January, there were about 242,000 foreclosures in the pipeline among the Wells Fargo trusts.”

Well, isn’t that interesting. You see, the numbers simply don’t lie. They tell the truth and expose the raw data of what is really happening. The report continues, “the most fascinating, and frightening, figures in the data detail how much money is lost when foreclosed homes are sold. In June, the data show almost 32,000 liquidation sales; the average loss on those was 64.7 percent of the original loan balance.”

Did you catch that? The AVERAGE loss on a house that a servicers takes to foreclosure sale is a whopping 64.7% of the original loan balance!!!! The average loan amount was $223,000. But in the liquidation sale, the property sold for $144,000 less, or a $79,000 sales price on average.

So any logical person goes, “why? Why would a servicer foreclose on the home instead of providing a loan modification for a homeowner who wants to pay but just needs a reduction in that payment?” I know I can’t be the only one who’s wondered that…

If you want to find the answer you just gotta follow the money… it’s that simple. And the answer does not shed any more favorable light on these servicers – who, by the way, are just subsidiaries of the main financial institutions. Example: Citimortgage is the servicer. They are owned by Citigroup. America’s Servicing Company is the servicer. They are owned by Wells Fargo.

So back to following the money. First, the pooling and servicing agreements governing these trusts, servicers and trustees usually contain “default servicing provisions” which provide the servicer which much higher fees when the loan goes into default. Then the servicer also gets all sorts of other fees reimbursed to them upon a liquidation sale such as BPO fees, inspection fees, legal fees, etc. These fees may get paid to the servicer right away but may not be reimbursed until the sale goes through. But, here’s the BIG reason…

Very often, if not most of the times, these servicers were paid in full for all these loans when they acted as the sponsor and sold the Notes (assets) to these trusts. The trust investors put up a lump sum amount to the servicer and the servicer agreed to collect the monies, manage the escrow accounts and in turn, made a guarantee of cash flow payments to the trust each month. The trust investors are most worried about one thing… their monthly payment on the cash flow. If they keep getting their monthly cash payment, do you think they’re going to be screaming bloody murder? Probably not. As long as the check keeps coming, I got no qualms. Stop the checks and I’m going to be gettin’ all in your business. Think about it… haven’t you noticed a peculiar lack of lawsuits being filed by MBS trust investors or the trusts themselves? One would think the federal courts would be littered with lawsuits by these trusts against all the institutions in the securitization chain for all sorts of allegations regarding the massive losses you’d think they’re realizing due to the defaults.

So, to keep the investors out of their “business” the servicer has to figure out a way to keep those cash flow payments going. Well, let’s say I’m servicing a pool of 1000 loans and the monthly cash flow on that pool is $1 million (or $1000 per loan average). But my default rate starts rising and now 10% of these loans are not paying. Well, that’s $100,000 per month less that I’m getting as the servicer. Shoot, how do I keep making the payment of $1 million per month if I’m only receiving $900,000?

Oh, I got it! If I can foreclose on a couple homes in default, take a 64.7% loss on it but I still get $79,000 in one lump sum from each home I liquidate, I can keep making that cash payment to the trust. All I need to do is liquidate about 1.2 homes per month on average, and, even though I take a huge loss on these homes, I can keep making that cash flow payment to the trust, keep my investors happy and better yet, keep them out of my business and away from asking all sorts of questions I really don’t want to answer. Note: this game can only carry on for so long. At some point the pied piper is going to pipe…

This my best stab at a simplified answer to “why” these servicers are ignoring the Making Home Affordable program and foreclosing as fast as they possibly can. Nothing else makes sense to me. If you have any other input, I’d love to hear about in the forum on this topic.

The kicker here is that these servicers don’t have legal standing to foreclose. They don’t own the Note in 80%+ of the cases – and that number is probably higher than 90% of the time. So they unlawfully seize a family’s home, sell it even though they don’t own it and in the process they also violate the servicing agreements they are governed by. These agreements mandate that the servicer act in a fiduciary manner with respect to the interests of the investors. I can tell you unequivocally that taking an average 64.7% loss on a trust asset is worse for the trust versus modifying the loan at a higher amount (still with principal reduction for the borrower) and recapturing the interest. There is NO WAY the current servicer model of foreclose and liquidate passes the NPV test for these trust assets – at least as far as I can see.

For reference and further context, here is the article written by Gretchen Morgenson at the New York Times.

So Many Foreclosures, So Little Logic

By GRETCHEN MORGENSON

LAST week, the stock market tumbled on news that housing foreclosures and delinquencies rose again in the first quarter. The Office of the Comptroller of the Currency said that among the 34 million loans it tracks, foreclosures in progress rose 22 percent, to 844,389. That figure was 73 percent higher than in the same period last year.

But the comptroller’s office also said that amid the gloom, there was promising data about loan modifications: they rose 55 percent in the quarter. That growth came on a very low base, of course, but the move encouraged John C. Dugan, head of the comptroller’s office.

“As the administration’s ‘Making Home Affordable’ program gains traction and helps offset the impact of this very difficult economic cycle,” he said in a statement, “we should continue to see progress in future reports.”

A glimpse of second-quarter mortgage data, however, indicates that the progress Mr. Dugan and his colleagues in Washington are hoping for may take longer to emerge — raising questions about whether policymakers and banks are moving quickly or intelligently enough on the foreclosure problem.

Foreclosures remain one of the great financial ills for the economy. The Bush administration largely overlooked foreclosures affecting average homeowners, focusing instead on propping up elite, troubled financial institutions with taxpayer funds. The Obama administration has said it wants to wrestle the foreclosure issue to the ground by encouraging mortgage loan modifications, but its efforts have gotten little traction.

Loan modifications occur when a lender agrees to change terms of a troubled borrower’s mortgage; the most common approach is to reduce the loan’s interest rate. Cutting the amount of principal owed — an option that could be of more help to a borrower — is rare because it means homeowners pay less money back to the bank over time.

Lenders and their representatives, however, don’t like to modify loans through interest rate cuts or principal reductions because, of course, it reduces the income they receive from borrowers. No surprise, then, that loan modifications have been a trickle amid the recent foreclosure flood.

Enter the government, with the program it announced in March to encourage modifications. It offers incentives to loan servicers to change mortgage terms, providing $1,000 for each loan they modify. The program focuses on making payments more affordable through lower interest rates, but delinquent amounts and late fees are typically tacked onto the mortgage balance. “Making Home Affordable” does not compel lenders to reduce mortgage balances.

Servicers signed on to the program in April. The program’s early months were not covered by the O.C.C.’s first-quarter report. But other figures on modifications conducted in April, May and June are available. And they show a decline in modifications, not an increase as the government hoped.

Alan M. White, an assistant professor at the Valparaiso University law school in Indiana, analyzed data on 3.5 million subprime and alt-A mortgages in securitization pools overseen by Wells Fargo. The loans were written in 2005 through 2007; data on their performance is provided to the trusts’ investors. Mortgages handled by five of the nation’s largest loan servicing companies — Bank of America, Chase Home Finance and Litton Loan Servicing among them — are contained in the Wells Fargo data.

Mr. White found that mortgage modifications peaked in February and have declined in all but one month since. While servicers modified 23,749 loans in these trusts in February, they changed only 19,041 in May and 18,179 in June. This is exactly when servicers were supposed to be responding to the government’s loan modification urgings.

Foreclosures, meanwhile, keep rising. In June, 281,560 were in process, slightly above the 277,847 in May. Last January, there were about 242,000 foreclosures in the pipeline among the Wells Fargo trusts.

“I was hoping we would see some impact in June of the government’s program,” Mr. White said. “Is ‘Home Affordable’ working? My short answer is no.”

To be sure, the government’s data differs from that which Mr. White analyzed, and its loan modification figures for the second quarter may look better as a result. The O.C.C. includes prime loans as well as subprime, for example, while the Wells Fargo data contains no prime loans.

Nevertheless, Mr. White has collected the figures since November 2008, and he said that in the months since, the performance of the 3.5 million mortgages that he analyzes tracked the O.C.C. data pretty closely.

THE Wells Fargo data is illuminating. It shows that in June, 58 percent of modifications cut the payments that the borrower has to pay, a slightly smaller percentage than in April or May. The average reduction in June was $173 a month.

But the most fascinating, and frightening, figures in the data detail how much money is lost when foreclosed homes are sold. In June, the data show almost 32,000 liquidation sales; the average loss on those was 64.7 percent of the original loan balance.

Here are the numbers: the average loan balance began at almost $223,000. But in the liquidation sale, the property sold for $144,000 less, on average. Perhaps no other single figure shows how wildly the mortgage mania pumped up home prices. It also bodes poorly for the quality of the mortgage-related assets lurking in banks’ books.

Loss severities, like foreclosures, are rising. In November, losses averaged 56.1 percent of the original loan balance; in February, 63.3 percent.

Given losses like these, Mr. White said he was perplexed that lenders and their representatives were resisting reducing principal when they modify loans. His data shows how rare it is for lenders to reduce principal. In June, for example, 3,135 loans — just 17.2 percent of the total modified — involved write-downs of principal, interest or fees. The total loss from these write-downs was just $45 million in June.

And yet, the losses incurred in foreclosure sales involving loans in the securitization trusts were a staggering $4.59 billion in June. “There is 100 times as much money lost in foreclosure sales as there was in writing down balances in modifications,” Mr. White said. “That is not rational economic behavior.”

If banks have written down the value of these loans to the 40 cents on the dollar that they are fetching on foreclosures — the only true value for these homes right now — then why don’t they bite the bullet and reduce the loan amount outstanding for the troubled borrowers? That type of modification would be far more likely to succeed than larding a borrower who is hopelessly underwater with yet more arrears.

“You can reduce payments with a lot of gimmicks similar to those built into subprime loans — temporary rate reductions that defer a lot of principal, balloon payments,” Mr. White said. “To me that leads to a situation where American homeowners are paying 50 to 60 percent of their incomes for mortgages which reset in 2011 and 2012. That is not solving the problem.”

Certainly not for borrowers, that is. And because many of these losses will ultimately be passed on to taxpayers, it’s not solving our problem, either.