Mar
29

GUEST POST: A Letter to President Obama, from James Deal, Attorney at Law

~~~

JAMES ROBERT DEAL ATTORNEY PLLC

PO Box 2276, Lynnwood, Washington  98036-2276

Telephone (425) 771-1110, fax (425) 776-8081

James@JamesRobertDeal.com

 

March 29, 2012

 

President Barak Obama

The White House

1600 Pennsylvania Avenue

Washington DC 20500

 

Dear Mr. President,

 

I write to identify a policy change that would add trillions of dollars of liquidity to the housing market overnight. It would stimulate home sales, stabilize home prices, and reduce the number of home foreclosures.

 

My suggestion is to make existing home mortgages assumable. Buyers then would not have to go get new loans. Existing loans could be “recycled.”

 

To do this Congress might amend the Garn-St. Germain Act to suspend enforcement of due-on-sale clauses in residential mortgages until liquidity is restored to the system.

 

However, the Garn Act, Title 12, Chapter 13, USC 1701 ff., included a non-binding provision that encouraged lenders to allow assumptions at compromise rates, but this provision, because it was not mandatory, has never been enforced. It says:

 

(3) In the exercise of its option under a due-on-sale clause, a lender is encouraged to permit an assumption of a real property loan at the existing contract rate or at a rate which is at or below the average between the contract and market rates, and nothing in this section shall be interpreted to prohibit any such assumption.

 

Relying on this paragraph, perhaps the appropriate agency could make the change without Congress having to amend the Garn Act.

 

As it is currently written, the standard FNMA/FHLMC Paragraph 18 due-on-sale clause does not actually require a seller to pay off a loan at the time of sale. It only gives the lender the option of calling the loan due should the seller sell without lender consent. Should a seller sell without lender consent, and should the lender call the loan due, the buyer and seller have 30 days to pay off the lender. If the loan is not paid, the lender can foreclose, which typically takes another six months.

 

If enforcement of due-on-sale clauses were to be suspended, then sellers would be able to pass their mortgages on to their buyers. Buyers would not have to go through the now very difficult process of qualifying for new loans. More homes would become saleable. Home values would tend to stabilize. Fewer homes would be “under water.” Instead of sellers simply abandoning their homes, more would be able to sell them. The number of foreclosures would drop. More renters could become home owners.

 

Although this simple change would not add new money to the system, it would keep existing money in the system, and make that money available to buyers, thus adding effective liquidity to the system as a whole.

 

I would assume that many banks have already decided as a matter of internal policy that due-on-sale clauses will not be enforced as long as mortgage payments are paid. Banks do not need more REO properties. However, buyers, sellers, and real estate agents do not know this. And they should know this. Sellers and buyers should be encouraged to do assumption transactions and wrap-around deed of trust transactions. The real estate agents I talk with all assume that due-on-sale clauses are still enforceable. They are very cautious about suggesting that sellers and buyers “go around” due-on-sale clauses. They do not want to be liable if the bank forecloses. Their errors and omissions insurance might not cover them if they advise buyers and sellers to “go around” a due-on-sale clauses.

 

Before the Garn Act was passed states had their own laws regarding due-on-sale clauses, generally judge-made laws. Some state courts took the position that a due-on-sale clause was in effect a de facto restraint on alienation against selling and buying and declared due-on-sale clauses void, at least for residential transactions.

 

The Garn Act relied on the Commerce Clause to preempt state laws regarding due-on-sale clauses and federalize the issue. This preemption was a good thing at the time because lenders were operating more and more across state lines. The laws needed to be uniform. Further, the cost of money had risen, and banks needed to recycle their loans to earn more money.

 

However, at this time in our history, the inability of sellers to allow buyers to assume their existing loans means that buyers must get new financing, and that can be difficult. Strict enforcement of due-on-sale clauses, now more than ever before, really does act as a de facto restraint on alienation.

 

I would suggest that enforcement of due-on-sale clauses be relaxed for an initial one year trial period so that buyers could assume existing mortgages or do wrap-around deed of trust transactions. I would suggest that buyers be required to meet reasonable requirements for assumptions if there is to be a release of liability for sellers, minimal approval requirements for assumptions without release of liability for sellers, and perhaps no approval requirements at all for wrap-around deed of trust transactions, in which sellers would not be released from liability, as was the general situation before passage of the Garn Act.

 

Wrap-around deed of trust transactions with no release of liability to the seller should be allowed with no bank review as an available option for two reasons: First, banks are already overwhelmed with dealing with loans in default and short sale transactions, and second, such wrap-around transactions can be closed in a matter of weeks instead of months. If a seller will remain secondarily liable on a loan, he can be counted on to do his own review of his buyer’s credit worthiness.

 

I would suggest that relaxation of enforcement of due-on-sale clauses apply not only where buyers are buying homes they will occupy, but also where investors are buying homes which will be rentals or which will be improved and resold. Yes, non-owner-occupied investors will go around snapping up homes, but that would not be a bad thing. Sellers would be able to sell their homes and perhaps buy other homes. Foreclosures may be avoided. Banks will not lose as much money. Investors are more likely to have the cash necessary to buy out the equity of owner-occupied sellers and repair homes and get them onto the market as sales or rentals.

 

Regarding homes that are “under water,” loans on those homes could be modified down to a reasonable interest rate and a principal balance equal to fair market value. After modification, the loan would become assumable.

 

My second suggestion has to do with co-signers. More buyers could qualify to buy homes if they could assemble a group of non-occupant co-signers. It is my understanding that FHA will allow an occupant-borrower to strengthen his loan application by bringing in non-occupant co-buyers but that Fannie Mae and Freddie Mac will not.

 

I would suggest that an owner-occupied home buyer be allowed to solicit his relatives and friends to be co-signers and that each be allowed to obligate himself for $1,000 or $20,000 or some other fixed maximum amount of money. I would suggest that this guarantee be non-dischargeable in bankruptcy to strengthen it.

 

In Washington there is a 1.78% excise tax on title transfers, so for friends to serve as co-signers they should not be required to go on title as co-buyers, as is currently required. Co-signers would voluntarily assume responsibility to supervise their buyer, make sure he is employed, maybe even hire him, and make sure he is paying his mortgage.

 

With more parties obligated, lenders would have more confidence that a borrower would pay his mortgage. It would be an American version of a Grameen Bank loan where an entire village co-signs for a borrower and guarantees payment.

 

I would suggest that if an occupant-buyer secures sufficient co-signer guarantees, he should be allowed to purchase a home on a zero-down basis.

 

Third, I would suggest that the almighty credit scoring system be relaxed, particularly when a borrower can assemble a credible group of cosigners.

 

Finally, I would suggest that the entire system of qualifying borrowers be reviewed so that those capable of repayment can get loans.  There are many arbitrary loan qualification requirements which prevent people who are capable of making their mortgage payments from getting loans.

 

The best thing about all these suggestions is that they do not involve the outlay of any federal money.

 

Sincerely,

 

 

James Robert Deal

 

 

 

Mar
25

IF TRUE, IT’S TREASON – CBO Director Douglas Elmendorf and the Impact of the Foreclosure Crisis

 

During the fall of 2010, Lan T. Pham, PhD was a “senior staffer financial economist” at the Congressional Budget Office.  She was fired after less than three months on the job.

 

In February she tried to go public with details about her experience working for Mr. Douglas Elmendorf, first by releasing the story to the Wall Street Journal. But when the WSJ’s story, quite predictably in my mind, treated her like a disgruntled ex-employee, she decided she had to do more.  So, a few days ago, Dr. Pham first approached Zerohedge.com, and then made public a letter she had written to Senator Grassley, ranking member of the Senate Judiciary Committee, on February 23 of this year.

 

Janet Tavakoli, President of Tavakoli Structured Finance in Chicago… and a hero of mine, by the way… picked up the letter and ran a piece about it on her HuffPo blog, referring to it as “Today’s Most Important Finance Story.”  Tavakoli is brilliant when it comes to all things structured finance, like mortgage-backed securities and derivatives.  I read a book she published a few years ago, titled: Dear Mr. Buffett,” which led me to read others she had written like: Structured Finance and Collateralized Debt Obligations,” which is where I learned enough to write many of the articles posted on Mandelman Matters over the last three plus years.  (And yes, I realize that makes me sound like a nerd with no life.)

 

Janet’s HuffPo piece and the Zerohedge story covered what Dr. Pham described in her letter to Senator Grassley in a balanced, perhaps slightly careful way, in my view, primarily covering how the CBO had treated her as related to the “robo-signing scandal,” which had broken in the mainstream media during September of 2010.

 

Dr. Pham wrote about the implications of robo-signing, MERS, of a potentially broken chain of title, how all of that might impact investors and homeowners… and she did so in-sync with something that might have been written by Georgetown Law Professor Adam Levitin.  In response, according to Dr. Pham, CBO’s leadership responded as follows…

 

The emerging foreclosure fraud problems in September 2010 were due to “media sensationalism,” and “the kind of event of the moment where we should be adding skepticism,” and “not just repeating the hype in the press,” and discussing it, “lacks judgment about what is important.”

 

I’m not going to spend any time on this aspect of her story, even though I know some of my readers just can’t seem to get enough “securitization failure,” and “robo-signing fraud and forgery,” and “MERS stole my home,” back story.  And I’m not going to devote any time to those aspects of Dr. Pham’s story for three reasons that I want to make clear.

 

For one thing, it’s reached the point that you can catch a story about fraudulent documents embedded in recorder of deeds offices pretty much every night on either Rachel Maddow or Dylan Ratigan’s shows on MSNBC.  In fact I just saw that Jeff Thigpen, the Recorder of Deeds from North Carolina was just on Rachel’s show last night.

(I did a podcast with Jeff covering everything said on that show and more last December, and you can catch it HERE, if you haven’t listened already… he’s a great guy and explains things very clearly and with that southern style of sarcasm that always makes me smile.)

 

The second reason I’m not addressing those aspects of Dr. Pham’s experience at CBO, is that I’m not even sure that I think the CBO was all that wrong to suppress her desire to voice an opinion on the impact of robo-signing and the related subject matter in her role as a financial economist at the CBO.  For the most part, that’s because of the timing, the story only broke in mainstream media in September of 2010, and it was more than a year later before the “settlement” was announced… but besides that… even today, I’m not sure that anyone could credibly quantify any sort of financial risk related to those inadequacies, or illegalities, that seem to permeate the foreclosure process.

 

And third on my list of reasons for ignoring those aspects of Dr. Pham’s story is that I’m still not at all sure that the courts care all that much that the assignment of Deed of Trust was signed by Mickey Mouse, or even that the law views homeowners as having been damaged by such an occurrence.

 

I also know that as I say that, just last night attorney April Charney had a court stop her client’s foreclosure in Florida because the judge ruled that the person signing the “verification” either lacked sufficient knowledge or perhaps wasn’t even authorized to do so under Florida law – it looks like 1.110 (b), but don’t quote me.  (You can find a copy of the judge’s order HERE on Matt Weidner’s blog.)

 

What I don’t know is what happens next for April’s client, or any other homeowner in similar situation, as a result of such a ruling.  In this case it’s US Bank, so does US Bank just fix the problem and re-file, and if so, how long might that take… a couple months… six months… or am I to believe that it’s something that can’t be fixed… because I’m going to need to see some cases where that’s the case.

 

Last thing I’ll say about this for the moment is that I hear from various homeowners, or others from around the country every single day, telling me something about fraudulent transfers, forged signatures, or some other alleged impropriety having to do with the title or its recording, but I never receive anything tangible in terms of outcome for homeowners.

 

And frankly, I’m a little tired of vague and incomplete accounts of what I suspect are often pyrrhic victories, if they’re victories at all.  I know some foreclosure defense lawyers have told me that the goal is to delay and thereby wear down the servicer who ultimately submits by throwing in a loan modification, but like I said… I’m going to need more details than that before I can communicate to homeowners that such strategies are effective in the prevention of foreclosures. Capicse?

 

Here’s why I agree with Jan Tavakoli that Dr. Pham’s story is the day’s MOST IMPORTANT FINANCE STORY.  In fact, I think it’s even more important than that… like, maybe it’s the most important finance-economics-politics story in my lifetime, how’s that.

 

To understand what I’m about to say, you have to first understand what the CBO is all about, which will only take a minute or two, so stay with me… please.

 

The Congressional Budget and Impoundment Control Act, which was signed into law by President Nixon in 1974, created the CBO, and its primary mandate is to provide Congress with “objective and nonpartisan analysis to aid in economic and budgetary decisions on a wide array of programs covered by the federal budget.”

 

That means that the CBO is there to shape and support our government’s decisions related to SPENDING our money… regardless of whether Democrat or Republican.  It’s counterpart is the Joint Committee on Taxation, which provides Congress with estimates of the revenues that will be available to Congress, the Treasury Department, and for the Executive branch, which are then used to calculate our federal budget.

 

The CBO is required to submit to the budget committees in the House of Representatives and the Senate, detailed reports about fiscal policy with baseline projections of the federal budget, which is done annually in the Economic and Budget Outlook, and again in a mid-year update.  And it shouldn’t be difficult to imagine that in order to conduct this type of detailed analysis for a country of our size and complexity, the CBO needs experts in different areas of study, including…

 

  • Budget Analysis
  • Financial Analysis
  • Health and Human Services
  • Macroeconomic Analysis
  • Management, Business, and Information Services
  • Microeconomic Studies
  • National Security
  • Tax Analysis

 

So, the Joint Committee on Taxation tells us the amounts we can expect to come in, and the CBO delivers data and analysis on what we should expect to go out for all federal spending, and since we never have anywhere near enough to balance the federal budget, the CBO’s work is also used to calculate the amount of our deficit… and therefore the amount of our national debt.

 

And the amount of our national debt, you should realize, is what tells the rest of the world how risky it is to lend us money, which is done when investors from all over the world buy the bonds that are issued by our Treasury Department.

 

Each year, CBO analysts produce, I don’t know… hundreds of reports… maybe thousands, and the one most recognized is titled: “An Analysis of the President’s Budgetary Proposals,” which is made available for the next fiscal year, and argued about while the cameras are rolling, but not so much once they’re not.  You can even buy a copy at the Government Printing Office… then turn on C-Span and yell along at home.  Fun!

 

(In case you’ve never perused our Government’s Bookstore, HERE’S A LINK.  It’s not Disneyland or anything, but it’s worth a visit.)

 

(If you want more info on the CBO, here’s a link to a FACT SHEET they offer.  Honestly, I haven’t read it, so if it says something a little differently that I just did, don’t freak out… I’m right, or close enough… LOL.  In case you didn’t know, I taught 5th and 6th grade U.S. History and Social Studies a couple years back, and raised a daughter besides, so I’m like a walking D.C. tour guide… but without the umbrella and boxed lunch.)

 

ONE LAST POINT ABOUT THE ROLE OF THE CBO…

 

The CBO is not the only federal agency involved in budgeting, there’s also the OMB, or Office of Management and Budget, and the GAO, which stands for General Accounting Office, and there’s the Treasury Department too, which shows up with its own numbers when needed.

 

But, it’s the CBO that calculates the 35-year baseline projections, which are used so extensively in the budget process. Baseline projections are supposed to show future spending assuming current law, so they’re not supposed to be considered “predictors” of our economy’s most likely future path, but they’re referred to a lot and become the basis for a lot of “GO or NO GO” decisions.

 

Okay, so I hope everyone sees that the CBO is a big deal in Washington D.C. and really, around the world, since our spending impacts our entire planet… pretty much.  It’s a place that employs so many PhDs I couldn’t even guess how many, and it’s why “PhD” is said to stand for, “Piled Higher and Deeper.”  And it’s REALLY IMPORTANT that it’s one of the few places in Washington D.C. that’s truly non-partisan.

 

A CRIME to defy all reason…

 

I don’t know why everyone has focused on the robo-signing and document fraud aspects of Dr. Pham’s allegations, I’m sorry to have to say this, but doing so is only clouding the real issues involved.  So, I’m going to be as clear as possible…

 

In Dr. Pham’s letter to Senator Grassley, she explained that while working at the CBO during the fall of 2010, she was told not to publish or incorporate any data about the U.S. housing and mortgage markets… NOTHING about the foreclosure crisis… NOTHING that might spoil the CBO’s “forecasts,” of course, that term extremely loosely.

 

In fact, Pham’s letter states that she was told in no uncertain terms by CBO leadership, or otherwise came to understand that…

 

  • Statements could not be made that attributed the decline in property tax revenues to foreclosures and the decline in home prices.

 

  • Foreclosures had no impact on U.S. home prices.

 

  • The decline in home prices had no impact on U.S. household wealth.

 

  • “Alternative viewpoints are suppressed or questioned as ‘pessimistic’ by CBO Director Doug Elmendorf.  Economic facts inconvenient to the CBO’s forecasts of economic growth, recovery and other estimates are omitted or suppressed so the desired message may be delivered.”

 

  • That even though the implications of foreclosures had profound financial and economic consequences that would be of compelling interest to Congress and the public, the CBO sought to SILENCE any such discussion of such risks.

 

In my mind, this set of statements, which I culled from Pham’s letter to Senator Grassley and from her letter written in response to the WSJ’s disappointing handling of the story, does NOT need any further qualification… I believe Dr. Pham is telling the truth, and so does everyone else that’s linked to Jan Tavakoli’s or Zerohedge’s coverage of the story.  (You’ll find both of Dr. Pham’s letters linked to my Scribd account above.)

 

Also, according o the WSJ story, which ran on page A6 on February 2nd

 

“The CBO declined to comment on Ms. Pham’s allegations.  In a December 2010 termination letter, reviewed by the Journal, the CBO said she was unqualified for the job, produced “poorly organized” research and resisted direction from superiors.”

 

That’s simply not a credible response, if you’re trying to claim that the substance of what she claims happened… didn’t.

 

And, you see… although admittedly it’s been a few years now, as an economics major at both undergrad and masters program levels, I had quite a few economics professors with doctorates, and I can’t think of any that would make it through the rigorous and competitive hiring process at the CBO, and then just under three months later, be described as “unqualified for the job,” much less as having “produced poorly organized research.”

 

I mean, how much “research” could she possibly have produced in the first 10 weeks at that sort of job?  And Lan T. Pham is 40 years old.  By forty, you know if you’re organized or not, don’t you?

 

Besides… I was the CEO of my own consulting firm for almost 20 years, so you can believe me when I tell you that “organizational skills” are the sort of thing that most employers have long since figured out how to test for, or otherwise ascertain during the interview process.  I may miss something when assessing someone’s critical thinking abilities, but I can always figure out whether someone can stay organized… at least for the first three months on a job.

 

As far as resisting direction from superiors, that much I understand… she thought the foreclosure fraud issues were a big deal, but it wasn’t going to be the focus of the CBO to make such judgments then, or probably now.  So what and who cares?

 

The question is… Mr. Douglas Elmendorf, in your role as Director of the Congressional Budget Office, did you deliberately withhold, mask and knowingly deliver grossly distorted information vital to the current and future economic, political and social wellbeing of the United States of America during the most severe, prolonged and damaging national economic emergency since the 1930s?

 

Did you lie to Congress, if only by omission, because that would be bad enough.  But, if you intentionally withheld critical information from and delivered misinformation to the President of the United States, Congress, and the citizens of this country during a national crisis, then you are a monster.

 

And all I can do is pray that you did this alone, because if you didn’t… if your actions were part of a conspiracy intent on seeing this country’s economy so substantively disrupted as to become utterly destroyed, with trillions of dollars in middle class wealth eviscerated and with no hope for its return in my lifetime… and if knowledge of your acts actually involved someone inside the White House…  well then… Dear God, sir… what have you done?

 

The CBOs calculations are used as the basis for the single largest source of spending the world has ever known, they lead to establishing the amount of our deficit and then our national debt, which is the basis for our international credit standing.  It’s simply inconceivable.

 

If you, as Dr. Pham describes, have produced numbers that fail to account for the impact of foreclosures on consumer wealth, spending, and property taxes… then those numbers are garbage… the sort you might have just chosen by throwing darts while wearing a blindfold.

When I think of what has been allowed to happen to the lives of hundreds of millions of American citizens… to the elderly… the destitute, to those too young to know… to say nothing of what such suppression of information has done to untold numbers of people around the globe?

 

When I think of how many times I was asked why our government wasn’t saying what I and others were saying in our countless articles… and I’d reply… “they have to know,” never understanding why such inconceivably poor decisions were being made.

 

Annually, hearing the news report things like, “The White House or unnamed economists say that the severity of the downturn in housing caught them by surprise,” and I’d think… how could that be… it didn’t catch anyone else involved in following it by surprise?

 

I guess I can’t know for sure what’s gone on here… I do believe Dr. Pham’s statements, but I don’t know the degree to which forecasts were manipulated with intentional blindness.  I am physically sickened by the idea that anyone could have allowed that to happen.

 

You’re a graduate of Princeton with an undergraduate degree in economics, a Masters in Economics and then a doctorate in economics, and the last two degrees are from Harvard?  You cannot claim ignorance or feign indifference.

 

I suppose I’ll never know who was involved or what you’ve done to this nation by manipulating or withholding such information from Congress, from the president, from the American people and from the world.  If you did any of it, you are a traitor to this country.

 

How is it possible that even as you watched the economic situation worsen significantly, you just turned your back on the tens of millions who today live on food stamps, having lost all hope of employment for years to come?

 

I don’t know what else to say… I don’t like feeling like I’m being dramatic, but after spending 30 hours reading, researching, thinking and writing… learning about your past…

 

  • Elmendorf worked on a team that concluded President Bill Clinton’s health-reform package would cost much more than originally thought. This analysis helped cripple the Clinton overhaul.

 

  • Elmendorf worked under Clinton Treasury Secretary Lawrence Summers.

 

  • In 2002, Elmendorf moved to the Fed, working under Alan Greenspan.

 

  • In April 2010, Elmendorf spoke openly against the country’s growing debt level, saying under current plans the deficit is “unsustainable.”

 

  • Elmendorf was Chief of the macro-economic analysis team at the Federal Reserve Board from 2002 to 2007.

 

  • After graduating in 1989, he stayed at Harvard for five years, working closely with conservative economics professor Martin Feldstein, the director of the Council of Economic Advisers (CEA) under President Reagan.

 

  • In 2008, Jason Furman, the director of the Brookings’ group known as the Hamilton Project left to join the Obama campaign and Elmendorf replaced him as director of the Hamilton Project, a forum for economic policy discussion that was created by Clinton Treasury Secretary Robert Rubin – an advocate of free trade and a small deficit.

 

  • Elmendorf worked two years at Brookings. While there, he spent much of his time opining on the mortgage collapse, and the appropriate response by the government. While he only called for the nationalization of banks as a last resort, Elmendorf did support a bailout of struggling financial institutions.

 

I really don’t know what else to say… my only thoughts are… resign now… beg forgiveness, and pray for your soul.

 

Mandelman out.

 

Mar
25

IF TRUE, IT’S TREASON – CBO Director Douglas Elmendorf and the Impact of the Foreclosure Crisis

 

During the fall of 2010, Lan T. Pham, PhD was a “senior staffer financial economist” at the Congressional Budget Office.  She was fired after less than three months on the job.

 

In February she tried to go public with details about her experience working for Mr. Douglas Elmendorf, first by releasing the story to the Wall Street Journal. But when the WSJ’s story, quite predictably in my mind, treated her like a disgruntled ex-employee, she decided she had to do more.  So, a few days ago, Dr. Pham first approached Zerohedge.com, and then made public a letter she had written to Senator Grassley, ranking member of the Senate Judiciary Committee, on February 23 of this year.

 

Janet Tavakoli, President of Tavakoli Structured Finance in Chicago… and a hero of mine, by the way… picked up the letter and ran a piece about it on her HuffPo blog, referring to it as “Today’s Most Important Finance Story.”  Tavakoli is brilliant when it comes to all things structured finance, like mortgage-backed securities and derivatives.  I read a book she published a few years ago, titled: Dear Mr. Buffett,” which led me to read others she had written like: Structured Finance and Collateralized Debt Obligations,” which is where I learned enough to write many of the articles posted on Mandelman Matters over the last three plus years.  (And yes, I realize that makes me sound like a nerd with no life.)

 

Janet’s HuffPo piece and the Zerohedge story covered what Dr. Pham described in her letter to Senator Grassley in a balanced, perhaps slightly careful way, in my view, primarily covering how the CBO had treated her as related to the “robo-signing scandal,” which had broken in the mainstream media during September of 2010.

 

Dr. Pham wrote about the implications of robo-signing, MERS, of a potentially broken chain of title, how all of that might impact investors and homeowners… and she did so in-sync with something that might have been written by Georgetown Law Professor Adam Levitin.  In response, according to Dr. Pham, CBO’s leadership responded as follows…

 

The emerging foreclosure fraud problems in September 2010 were due to “media sensationalism,” and “the kind of event of the moment where we should be adding skepticism,” and “not just repeating the hype in the press,” and discussing it, “lacks judgment about what is important.”

 

I’m not going to spend any time on this aspect of her story, even though I know some of my readers just can’t seem to get enough “securitization failure,” and “robo-signing fraud and forgery,” and “MERS stole my home,” back story.  And I’m not going to devote any time to those aspects of Dr. Pham’s story for three reasons that I want to make clear.

 

For one thing, it’s reached the point that you can catch a story about fraudulent documents embedded in recorder of deeds offices pretty much every night on either Rachel Maddow or Dylan Ratigan’s shows on MSNBC.  In fact I just saw that Jeff Thigpen, the Recorder of Deeds from North Carolina was just on Rachel’s show last night.

(I did a podcast with Jeff covering everything said on that show and more last December, and you can catch it HERE, if you haven’t listened already… he’s a great guy and explains things very clearly and with that southern style of sarcasm that always makes me smile.)

 

The second reason I’m not addressing those aspects of Dr. Pham’s experience at CBO, is that I’m not even sure that I think the CBO was all that wrong to suppress her desire to voice an opinion on the impact of robo-signing and the related subject matter in her role as a financial economist at the CBO.  For the most part, that’s because of the timing, the story only broke in mainstream media in September of 2010, and it was more than a year later before the “settlement” was announced… but besides that… even today, I’m not sure that anyone could credibly quantify any sort of financial risk related to those inadequacies, or illegalities, that seem to permeate the foreclosure process.

 

And third on my list of reasons for ignoring those aspects of Dr. Pham’s story is that I’m still not at all sure that the courts care all that much that the assignment of Deed of Trust was signed by Mickey Mouse, or even that the law views homeowners as having been damaged by such an occurrence.

 

I also know that as I say that, just last night attorney April Charney had a court stop her client’s foreclosure in Florida because the judge ruled that the person signing the “verification” either lacked sufficient knowledge or perhaps wasn’t even authorized to do so under Florida law – it looks like 1.110 (b), but don’t quote me.  (You can find a copy of the judge’s order HERE on Matt Weidner’s blog.)

 

What I don’t know is what happens next for April’s client, or any other homeowner in similar situation, as a result of such a ruling.  In this case it’s US Bank, so does US Bank just fix the problem and re-file, and if so, how long might that take… a couple months… six months… or am I to believe that it’s something that can’t be fixed… because I’m going to need to see some cases where that’s the case.

 

Last thing I’ll say about this for the moment is that I hear from various homeowners, or others from around the country every single day, telling me something about fraudulent transfers, forged signatures, or some other alleged impropriety having to do with the title or its recording, but I never receive anything tangible in terms of outcome for homeowners.

 

And frankly, I’m a little tired of vague and incomplete accounts of what I suspect are often pyrrhic victories, if they’re victories at all.  I know some foreclosure defense lawyers have told me that the goal is to delay and thereby wear down the servicer who ultimately submits by throwing in a loan modification, but like I said… I’m going to need more details than that before I can communicate to homeowners that such strategies are effective in the prevention of foreclosures. Capicse?

 

Here’s why I agree with Jan Tavakoli that Dr. Pham’s story is the day’s MOST IMPORTANT FINANCE STORY.  In fact, I think it’s even more important than that… like, maybe it’s the most important finance-economics-politics story in my lifetime, how’s that.

 

To understand what I’m about to say, you have to first understand what the CBO is all about, which will only take a minute or two, so stay with me… please.

 

The Congressional Budget and Impoundment Control Act, which was signed into law by President Nixon in 1974, created the CBO, and its primary mandate is to provide Congress with “objective and nonpartisan analysis to aid in economic and budgetary decisions on a wide array of programs covered by the federal budget.”

 

That means that the CBO is there to shape and support our government’s decisions related to SPENDING our money… regardless of whether Democrat or Republican.  It’s counterpart is the Joint Committee on Taxation, which provides Congress with estimates of the revenues that will be available to Congress, the Treasury Department, and for the Executive branch, which are then used to calculate our federal budget.

 

The CBO is required to submit to the budget committees in the House of Representatives and the Senate, detailed reports about fiscal policy with baseline projections of the federal budget, which is done annually in the Economic and Budget Outlook, and again in a mid-year update.  And it shouldn’t be difficult to imagine that in order to conduct this type of detailed analysis for a country of our size and complexity, the CBO needs experts in different areas of study, including…

 

  • Budget Analysis
  • Financial Analysis
  • Health and Human Services
  • Macroeconomic Analysis
  • Management, Business, and Information Services
  • Microeconomic Studies
  • National Security
  • Tax Analysis

 

So, the Joint Committee on Taxation tells us the amounts we can expect to come in, and the CBO delivers data and analysis on what we should expect to go out for all federal spending, and since we never have anywhere near enough to balance the federal budget, the CBO’s work is also used to calculate the amount of our deficit… and therefore the amount of our national debt.

 

And the amount of our national debt, you should realize, is what tells the rest of the world how risky it is to lend us money, which is done when investors from all over the world buy the bonds that are issued by our Treasury Department.

 

Each year, CBO analysts produce, I don’t know… hundreds of reports… maybe thousands, and the one most recognized is titled: “An Analysis of the President’s Budgetary Proposals,” which is made available for the next fiscal year, and argued about while the cameras are rolling, but not so much once they’re not.  You can even buy a copy at the Government Printing Office… then turn on C-Span and yell along at home.  Fun!

 

(In case you’ve never perused our Government’s Bookstore, HERE’S A LINK.  It’s not Disneyland or anything, but it’s worth a visit.)

 

(If you want more info on the CBO, here’s a link to a FACT SHEET they offer.  Honestly, I haven’t read it, so if it says something a little differently that I just did, don’t freak out… I’m right, or close enough… LOL.  In case you didn’t know, I taught 5th and 6th grade U.S. History and Social Studies a couple years back, and raised a daughter besides, so I’m like a walking D.C. tour guide… but without the umbrella and boxed lunch.)

 

ONE LAST POINT ABOUT THE ROLE OF THE CBO…

 

The CBO is not the only federal agency involved in budgeting, there’s also the OMB, or Office of Management and Budget, and the GAO, which stands for General Accounting Office, and there’s the Treasury Department too, which shows up with its own numbers when needed.

 

But, it’s the CBO that calculates the 35-year baseline projections, which are used so extensively in the budget process. Baseline projections are supposed to show future spending assuming current law, so they’re not supposed to be considered “predictors” of our economy’s most likely future path, but they’re referred to a lot and become the basis for a lot of “GO or NO GO” decisions.

 

Okay, so I hope everyone sees that the CBO is a big deal in Washington D.C. and really, around the world, since our spending impacts our entire planet… pretty much.  It’s a place that employs so many PhDs I couldn’t even guess how many, and it’s why “PhD” is said to stand for, “Piled Higher and Deeper.”  And it’s REALLY IMPORTANT that it’s one of the few places in Washington D.C. that’s truly non-partisan.

 

A CRIME to defy all reason…

 

I don’t know why everyone has focused on the robo-signing and document fraud aspects of Dr. Pham’s allegations, I’m sorry to have to say this, but doing so is only clouding the real issues involved.  So, I’m going to be as clear as possible…

 

In Dr. Pham’s letter to Senator Grassley, she explained that while working at the CBO during the fall of 2010, she was told not to publish or incorporate any data about the U.S. housing and mortgage markets… NOTHING about the foreclosure crisis… NOTHING that might spoil the CBO’s “forecasts,” of course, that term extremely loosely.

 

In fact, Pham’s letter states that she was told in no uncertain terms by CBO leadership, or otherwise came to understand that…

 

  • Statements could not be made that attributed the decline in property tax revenues to foreclosures and the decline in home prices.

 

  • Foreclosures had no impact on U.S. home prices.

 

  • The decline in home prices had no impact on U.S. household wealth.

 

  • “Alternative viewpoints are suppressed or questioned as ‘pessimistic’ by CBO Director Doug Elmendorf.  Economic facts inconvenient to the CBO’s forecasts of economic growth, recovery and other estimates are omitted or suppressed so the desired message may be delivered.”

 

  • That even though the implications of foreclosures had profound financial and economic consequences that would be of compelling interest to Congress and the public, the CBO sought to SILENCE any such discussion of such risks.

 

In my mind, this set of statements, which I culled from Pham’s letter to Senator Grassley and from her letter written in response to the WSJ’s disappointing handling of the story, does NOT need any further qualification… I believe Dr. Pham is telling the truth, and so does everyone else that’s linked to Jan Tavakoli’s or Zerohedge’s coverage of the story.  (You’ll find both of Dr. Pham’s letters linked to my Scribd account above.)

 

Also, according o the WSJ story, which ran on page A6 on February 2nd

 

“The CBO declined to comment on Ms. Pham’s allegations.  In a December 2010 termination letter, reviewed by the Journal, the CBO said she was unqualified for the job, produced “poorly organized” research and resisted direction from superiors.”

 

That’s simply not a credible response, if you’re trying to claim that the substance of what she claims happened… didn’t.

 

And, you see… although admittedly it’s been a few years now, as an economics major at both undergrad and masters program levels, I had quite a few economics professors with doctorates, and I can’t think of any that would make it through the rigorous and competitive hiring process at the CBO, and then just under three months later, be described as “unqualified for the job,” much less as having “produced poorly organized research.”

 

I mean, how much “research” could she possibly have produced in the first 10 weeks at that sort of job?  And Lan T. Pham is 40 years old.  By forty, you know if you’re organized or not, don’t you?

 

Besides… I was the CEO of my own consulting firm for almost 20 years, so you can believe me when I tell you that “organizational skills” are the sort of thing that most employers have long since figured out how to test for, or otherwise ascertain during the interview process.  I may miss something when assessing someone’s critical thinking abilities, but I can always figure out whether someone can stay organized… at least for the first three months on a job.

 

As far as resisting direction from superiors, that much I understand… she thought the foreclosure fraud issues were a big deal, but it wasn’t going to be the focus of the CBO to make such judgments then, or probably now.  So what and who cares?

 

The question is… Mr. Douglas Elmendorf, in your role as Director of the Congressional Budget Office, did you deliberately withhold, mask and knowingly deliver grossly distorted information vital to the current and future economic, political and social wellbeing of the United States of America during the most severe, prolonged and damaging national economic emergency since the 1930s?

 

Did you lie to Congress, if only by omission, because that would be bad enough.  But, if you intentionally withheld critical information from and delivered misinformation to the President of the United States, Congress, and the citizens of this country during a national crisis, then you are a monster.

 

And all I can do is pray that you did this alone, because if you didn’t… if your actions were part of a conspiracy intent on seeing this country’s economy so substantively disrupted as to become utterly destroyed, with trillions of dollars in middle class wealth eviscerated and with no hope for its return in my lifetime… and if knowledge of your acts actually involved someone inside the White House…  well then… Dear God, sir… what have you done?

 

The CBOs calculations are used as the basis for the single largest source of spending the world has ever known, they lead to establishing the amount of our deficit and then our national debt, which is the basis for our international credit standing.  It’s simply inconceivable.

 

If you, as Dr. Pham describes, have produced numbers that fail to account for the impact of foreclosures on consumer wealth, spending, and property taxes… then those numbers are garbage… the sort you might have just chosen by throwing darts while wearing a blindfold.

When I think of what has been allowed to happen to the lives of hundreds of millions of American citizens… to the elderly… the destitute, to those too young to know… to say nothing of what such suppression of information has done to untold numbers of people around the globe?

 

When I think of how many times I was asked why our government wasn’t saying what I and others were saying in our countless articles… and I’d reply… “they have to know,” never understanding why such inconceivably poor decisions were being made.

 

Annually, hearing the news report things like, “The White House or unnamed economists say that the severity of the downturn in housing caught them by surprise,” and I’d think… how could that be… it didn’t catch anyone else involved in following it by surprise?

 

I guess I can’t know for sure what’s gone on here… I do believe Dr. Pham’s statements, but I don’t know the degree to which forecasts were manipulated with intentional blindness.  I am physically sickened by the idea that anyone could have allowed that to happen.

 

You’re a graduate of Princeton with an undergraduate degree in economics, a Masters in Economics and then a doctorate in economics, and the last two degrees are from Harvard?  You cannot claim ignorance or feign indifference.

 

I suppose I’ll never know who was involved or what you’ve done to this nation by manipulating or withholding such information from Congress, from the president, from the American people and from the world.  If you did any of it, you are a traitor to this country.

 

How is it possible that even as you watched the economic situation worsen significantly, you just turned your back on the tens of millions who today live on food stamps, having lost all hope of employment for years to come?

 

I don’t know what else to say… I don’t like feeling like I’m being dramatic, but after spending 30 hours reading, researching, thinking and writing… learning about your past…

 

  • Elmendorf worked on a team that concluded President Bill Clinton’s health-reform package would cost much more than originally thought. This analysis helped cripple the Clinton overhaul.

 

  • Elmendorf worked under Clinton Treasury Secretary Lawrence Summers.

 

  • In 2002, Elmendorf moved to the Fed, working under Alan Greenspan.

 

  • In April 2010, Elmendorf spoke openly against the country’s growing debt level, saying under current plans the deficit is “unsustainable.”

 

  • Elmendorf was Chief of the macro-economic analysis team at the Federal Reserve Board from 2002 to 2007.

 

  • After graduating in 1989, he stayed at Harvard for five years, working closely with conservative economics professor Martin Feldstein, the director of the Council of Economic Advisers (CEA) under President Reagan.

 

  • In 2008, Jason Furman, the director of the Brookings’ group known as the Hamilton Project left to join the Obama campaign and Elmendorf replaced him as director of the Hamilton Project, a forum for economic policy discussion that was created by Clinton Treasury Secretary Robert Rubin – an advocate of free trade and a small deficit.

 

  • Elmendorf worked two years at Brookings. While there, he spent much of his time opining on the mortgage collapse, and the appropriate response by the government. While he only called for the nationalization of banks as a last resort, Elmendorf did support a bailout of struggling financial institutions.

 

I really don’t know what else to say… my only thoughts are… resign now… beg forgiveness, and pray for your soul.

 

Mandelman out.

 

Jan
11

Secretary Geitner Begs Congress To Raise Debt Ceiling- Warns of Catastrophe If We Don’t

Just in case your own personal financial trouble had you forgetting about the much larger troubles that our country suffers from…..what a mess we’re in….

The Honorable Harry Reid
Majority Leader
United States Senate
Washington, DC  20510

Dear Mr. Leader:

I am writing in response to your request for an estimate by the Treasury Department of when the statutory debt limit will be reached, and for a description of the consequences of default by the United States.

Never in our history has Congress failed to increase the debt limit when necessary.  Failure to raise the limit would precipitate a default by the United States.  Default would effectively impose a significant and long-lasting tax on all Americans and all American businesses and could lead to the loss of millions of American jobs.  Even a very short-term or limited default would have catastrophic economic consequences that would last for decades.  Failure to increase the limit would be deeply irresponsible.  For these reasons, I am requesting that Congress act to increase the limit early this year, well before the threat of default becomes imminent.

As you know, in February of 2010 Congress passed legislation to increase the debt limit to $14.29 trillion.  As of this writing, the outstanding debt that is subject to the limit stands at $13.95 trillion, leaving approximately $335 billion of “headroom” beneath the current limit.  Because of the inherent uncertainty associated with tax receipts and refunds during the spring tax filing season, as well as other variable factors, it is not possible at this point to predict with precision the date by which the debt limit will be reached.  However, the Treasury Department now estimates that the debt limit will be reached as early as March 31, 2011, and most likely sometime between that date and May 16, 2011.  This estimate is subject to change depending on the performance of the economy, government receipts, and other factors.  This means it is necessary for Congress to act by the end of the first quarter of 2011.

At several points in past years, Treasury has taken exceptional actions to delay the date by which the limit was reached in order to give Congress additional time to raise the limit.  These extraordinary actions include: suspending sales of State and Local Government Series (SLGS) Treasury securities[1]; suspending reinvestment of the Government Securities Investment Fund (G-Fund)[2]; suspending reinvestment of the Exchange Stabilization Fund (ESF)[3]; and determining that a “debt issuance suspension period” exists, permitting redemption of existing, and suspension of new, investments of the Civil Service Retirement and Disability Fund (CSRDF)[4].  Treasury would prefer not to have to engage again in any of these extraordinary measures.  If we are forced to do so again, these measures could delay the date by which the limit is reached by several weeks.  Once these steps have been taken, no remaining legal and prudent measures would be available to create additional headroom under the debt limit, and the United States would begin to default on its obligations.

As discussed in greater detail below, raising the debt limit is necessary to allow the Treasury to meet obligations of the United States that have been established, authorized, and appropriated by the Congress.  It is important to emphasize that changing the debt limit does not alter or increase the obligations we have as a nation; it simply permits the Treasury to fund those obligations Congress has already established.

In fact, even if Congress were immediately to adopt the deep cuts in discretionary spending of the magnitude suggested by some Members of Congress, such as reverting to Fiscal Year 2008 spending levels, the need to increase the debt limit would be delayed by no more than two weeks.  The limit would still need to be raised to make it possible for the government to avoid default and to meet the other obligations established by Congress.

The national debt is the total amount of money borrowed in order to fulfill the requirements imposed by past Congresses and under past presidencies, during periods when both Republicans and Democrats were in control of different branches of government. These are legal obligations, incurred under the laws of the United States.  Responsibility for creating the debt is bipartisan, and responsibility for meeting the Nation’s obligations must be shared by both parties.

As the 112th Congress turns to this issue, I want to stress that President Obama believes strongly in the need to restore balance to our fiscal position, and he is committed to working with both parties to put the Nation on a fiscally responsible path.  This will require difficult choices and a comprehensive approach to reduce the gap between our commitments and our resources.  It will require that the government spend less and spend more wisely. The President has already taken important steps, including enacting the savings in the Affordable Care Act; restoring Pay-As-You-Go budgeting; and undertaking a three-year freeze on non-security discretionary spending.  The President’s proposals would put us on a path to cut the deficit by more than half in the medium term, and substantially reduce the rate of growth in federal health care costs in the long term.  The President looks forward to working with Members of the 112th Congress on additional measures to address our medium- and long-term fiscal challenges.

Because Congress has always acted to increase the debt limit when necessary, and because failure to do so would be harmful to the interests of every American, I am confident that Congress will act in a timely manner to increase the limit this year.  However, for the benefit of Members of Congress and the public, I want to make clear, for the record, what the implications of a default would be so there can be no misunderstanding when the issue is debated in the House and Senate.

Reaching the debt limit would mean the Treasury would be prevented by law from borrowing in order to pay obligations the Nation is legally required to pay, an event that has no precedent in American history.  Such a default should be understood as distinct from a temporary government shutdown resulting from failure to enact appropriations bills, which occurred in late 1995 and early 1996.  Those government shutdowns, which were unwise and highly disruptive, did not have the same long-term negative impact on U.S. creditworthiness as a default would, because there was headroom available under the debt limit at that time.

I am certain you will agree that it is strongly in our national interest for Congress to act well before the debt limit is reached.  However, if Congress were to fail to act, the specific consequences would be as follows:

  • The Treasury would be forced to default on legal obligations of the United States, causing catastrophic damage to the economy, potentially much more harmful than the effects of the financial crisis of 2008 and 2009.
  • A default would impose a substantial tax on all Americans.  Because Treasuries represent the benchmark borrowing rate for all other sectors, default would raise all borrowing costs.  Interest rates for state and local government, corporate and consumer borrowing, including home mortgage interest, would all rise sharply.  Equity prices and home values would decline, reducing retirement savings and hurting the economic security of all Americans, leading to reductions in spending and investment, which would cause job losses and business failures on a significant scale.
  • Default would have prolonged and far-reaching negative consequences on the safe-haven status of Treasuries and the dollar’s dominant role in the international financial system, causing further increases in interest rates and reducing the willingness of investors here and around the world to invest in the United States.
  • Payments on a broad range of benefits and other U.S. obligations would be discontinued, limited, or adversely affected, including:
    • U.S. military salaries and retirement benefits;
    • Social Security and Medicare benefits;
    • veterans’ benefits;
    • federal civil service salaries and retirement benefits;
    • individual and corporate tax refunds;
    • unemployment benefits to states;
    • defense vendor payments;
    • interest and principal payments on Treasury bonds and other securities;
    • student loan payments;
    • Medicaid payments to states; and
    • payments necessary to keep government facilities open.

For these reasons, any default on the legal debt obligations of the United States is unthinkable and must be avoided.  It is critically important that Congress act before the debt limit is reached so that the full faith and credit of the United States is not called into question.  The confidence of citizens and investors here and around the world that the United States stands fully behind its legal obligations is a unique national asset.  Throughout our history, that confidence has made U.S. government bonds among the best and safest investments available and has allowed us to borrow at very low rates.

Failure to increase the debt limit in a timely manner would threaten this position and compromise America’s creditworthiness in the eyes of the world.  Every Secretary of the Treasury in the modern era, regardless of party, has strongly held this view.  Given the gravity of the challenges facing the U.S. and world economies, the world’s confidence in our creditworthiness is even more critical today.

I hope this information is responsive to your request and will be helpful as Congress considers this important legislation.

Sincerely,

Timothy F. Geithner

Letter

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Jul
29

Testimonials About the Regal 2, Electronic Cigarette

I’m sure some that read what I wrote about the Regal 2, the new electronic cigarette that I fell in love with, have wondered what others, besides me, would think about the product.  Well, here’s what a couple of my new Regal 2 users (and distributors) had to say in emails to me about a week ago, right after they received their Regal 2s in the mail.  And in case you missed my original article about this new product, click here: We Interrupt this Meltdown for a Brief Commercial Message.

Dear Mr. Mandelman –

I purchased the inLife last week because I trust you – you make me laugh and you shoot from the hip.  Although I got it on Thursday, I hesitated until Saturday to open the box, and after reading the instructions, found I had to wait 8 hours till the battery was charged.

Finally, at 5:15 last night, I took my first puff – it was amazing – a 3 pack a day chain smoker, a writer like you – I smoked 3 real cigarettes last night, instead of probably half a pack – today I have smoked a pack, but sitting on my butt I would have probably smoked three packs by this time tonight – it takes a little getting used to, but it does satisfy the psychological need of having it in your hand.  I grab for it now without thinking, and have even tried to tap the ashes off a few times. :)

Thanks for introducing us to inLife – It’s a wonderful product!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Ken Baumgardt

Newark, Delaware

~~~~~~

Hey Mandelman!

I just got my Regal 2 today.  I know you’re busy, you probably get a thousand emails a day, but I had to tell you… it’s exactly what you said… I love it.  I live in Vegas and I’m already building a business around it.  A casino manager asked me about buying 3,000 of them!  Everyone who sees it is excited too.

I’m glad you wrote about it because I would never have found it on my own… I didn’t even know electronic cigarettes existed before.  I’ve been involved in multi-level marketing before, but this is the best product for that type of marketing I’ve seen.

Thanks you so much for my Regal 2, and for your articles.  And post this on your site if you want.  I could always use the extra promotion… LOL.

Asia McKenzie

Las Vegas, Nevada

So, I’m pleased to be able to announce and recommend Ken as a distributor of the Regal 2 in Delaware, and Asia as a Regal 2 distributor in Las Vegas.  If you’re anywhere near Delaware, or Vegas, and you want to know more about the Regal 2, either as a product or as an income opportunity, you should absolutely contact Ken or Asia as shown below.

Kenneth Baumgardt, Delaware

Ph. 302-319-1509

http://www.kendigger.myinlife.com

Asia McKenzie, Las Vegas, NV

Ph. 888-652-6660

http://www.asia888.myinlife.com

~~~~~~

Did you check out the Regal 2 featured on the hit reality television show, The Deadliest Catch?  Click here to see the video: After the Catch Starring the Regal 2.

And, as always, if you want to talk to me about the Regal 2, email me at: mandelman@mac.com

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