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
29

MUST SEE TV: WA State Supreme Court Hears Arguments in Case Against MERS

 

“May a party be a lawful ‘beneficiary’ under Washington’s Deed of Trust Act if it never held the promissory note secured by the Deed of Trust?”

 

That’s the key question the Washington State’s Supreme Court heard arguments in the potentially pivotal case, Bain v. Mortgage Electronic Registration Systems, et al and Selkowitz v. Little “Litton” Loan Servicing, LP, et al.  It’s also a form of the same question that’s been asked by countless homeowners and their lawyers as they’ve fought to prevent their homes from being lost to foreclosure over the last 3-4 years.

 

Go back in time fewer than five years and you’d be hard pressed to find anyone who had ever heard of Mortgage Electronic Registration Systems, but today the acronym “MERS,” is a household dirty word in American homes from coast-to-coast.

 

Although the mortgage banking industry would say that they created Mortgage Electronic Registration Systems for the benefit of mankind, there’s no question that its creation also provided the industry with a way to avoid having to pay the costs involved in recording mortgage transfers.  Lenders permanently list MERS as the “mortgagee of record,” and by doing so the avoid the expense of recording any subsequent transfers.

 

MERS makes the claim that it is both an “agent” of the lender and the “mortgagee,” but the practice has fueled a firestorm of debate over a wide range of legal issues, and although many courts seem to have accepted the MERS way… it’s often not clear whether such decisions were actually made in favor of MERS, or just against homeowners not making their mortgage payments.

 

What MERS does is operate a computer database that’s supposed to track mortgage servicing and the ownership rights of mortgage loans throughout the U.S.  And when I first heard that explanation, I thought… well, that sounds incredibly boring.

 

Frankly, as a layperson… the whole thing is kind of insane, especially when you stop to consider that although MERS would readily admit that it doesn’t own any mortgage loans… it is also the recorded owner of over half of the nation’s residential real estate.  At least I think that’s right… every time I try to understand it better, the whole thing confuses me and then I have to take a nap.

 

 

The best way to understand the issue I’ve seen…

 

The video below puts you in the courtroom to watch as both sides of the debate present oral arguments related to MERS’ involvement in the foreclosure process in front of the nine justices of the Washington State Supreme Court.

 

I found it fascinating to watch… almost as good as an episode of “Boston Legal,” in fact, the MERS lawyer kind of reminded me of Bill Shatner’s character on that show, Denny Crane.

 

You’ll watch the plaintiff’s attorneys who are representing homeowners at risk of foreclosure argue that MERS violates the state’s Deed of Trust Act, among other things… followed by the attorney flown in from Minnesota to appear “pro hac vice,” on behalf of defendant MERS, who basically argues that MERS isn’t the problem no matter what because no one ever needs to know who owns their loan.

 

I’m paraphrasing, of course, but you’ll see what I’m saying when you watch it.  It’s not quite 45 minutes long, but it feels shorter… and afterwards, I’ll pick up the discussion below and share my thoughts on the matter.

~~~

 

A simplified view of how we got here…

 

The foreclosure crisis put MERS in the national spotlight as it started filing foreclosure lawsuits on behalf of financiers and servicers against millions of American families.

 

These people losing homes to something using the name MERS had been told by President Obama that because of his new government program, Making Home Affordable, they would be able to get their loans modified and hence save their homes from foreclosure simply by calling their bank… assuming, of course, they weren’t “irresponsible borrowers.”

 

So, believing that he was both smart and “a man of the people,” they did what he said they should do… but he wasn’t, and it didn’t work.

 

But, more than just “didn’t work,” the experience was nothing short of torturous, and in fact, I’m quite certain that many who lived through it, would have jumped at waterboarding as an alternative.

 

Lawyers representing homeowners who had clearly been wronged tried turning to the courts to enforce the HAMP guidelines, but to no avail.  So, they went after anything and everything… TILA/RESPA… MERS and the failings of securitization… and most recently robo-signing related allegations are all the rage…

 

“I’ll take one securitization audit, and one forensic… oh… and give me one of those fraud reports too… to-go, please… how much?  Oh my.  Do you take Texaco cards?”

 

The thinking was obvious… judges and everyone else could see them coming a mile away… cause enough trouble for the servicers and they’d offer to modify loans and hence save homes.  And soon… when even that wasn’t working… well, then even just delaying the loss of a home was something of a win, right?

 

 

Right… wrong… it didn’t matter… homeowners not making their mortgage payments was the issue at hand, as far as the vast majority of judges went, and today, although the battle rages on fueled by words like “forgery and fraud,” the outcomes are fundamentally the same as far as homeowners at risk of foreclosure are concerned.

 

Oh sure, some states became better than others, and bankruptcy courts seemed to fare better than others, but homeowners became more and more confused as courts of appeals, in some cases, tooketh away, what lower courts had given.

 

The OCC turned out to be an acronym for the Office of Ceremonial Complacency.

 

Many states today have bills on their legislative calendars that could help in some ways, but banking lobbyists don’t give up a single yard without a fight.

 

And finally it was OCCUPY… the blunt force edition of the foreclosure defense game, but again, to most… sort of a delay with a side of pepper spray.

 

So… now what?  What’s next?  The UCC 9 v. UCC 3 argument?  Okay, fair enough.  Not as exciting as securitization fail and REMICs exploding all over the place, but I’m in… why not?

 

I don’t like it any more than anyone else, but the fact is that in 2011… a year during which in some states like New Jersey and Nevada, foreclosures were said to be down year over year by something like 80 percent, even with the servicers waiting for the settlement to be reached so they could pick up their “Get Out of Fail Free” card… even with all of the things that caused delays… foreclosures were essentially flat when compared with 2010.  Absent anything new that I’m not seeing… can you imagine how bad this year and next are going to be?

 

Well, of course, there is the $2,000 if you were foreclosed on in 2009-2011… do I have that right?  I think so, but every time I type that out my mind says… no, that can’t be right… and then it is.

 

So, in the Bain case you watched on the video… what happens if the court sides with the plaintiffs?  Says that MERS does violate the state’s Deed of Trust Act… does that save homes in a way that I’m not seeing.  Or, will the servicers just start foreclosing judicially, as they’ve done in response in Hawaii, for example.

 

So… I called a couple of lawyers licensed to practice in the State of Washington to ask if their views of the Bain case confirmed mine… and they did.

 

Please understand what I’m trying to say, because I’m not saying everyone shouldn’t fight this year and next and next and next… and harder than ever, for that matter.  I know I will…

 

BUT, WAIT A MINUTE… some changes have come to pass.

 

Like what?  Like, the new servicer standards, for one.

 

Remember… the servicers and their propensity to ignore the toothless HAMP guidelines is one of the main reasons we’re all here, right?  Well, now we have new servicer guidelines that are part of the settlement agreement between the 49 AGs and the five largest servicers that doesn’t quite exist as yet, but I’m willing to believe if you are.

 

Ever since the day that the Obama administration prematurely asseverated that the AG settlement had arrived, I’ve had only one thought on my mind… what happens if servicers don’t adhere to the new standards?

 

Is there a private right of action?  I don’t think so… they’re not even laws, right?  So what good are ANOTHER set of servicing guidelines related to loan modifications that no one can enforce when they’re ignored?  We’ve already got a perfectly good set of servicing guidelines related to loan modifications that no one can enforce when ignored… they’re called HAMP guidelines and they’re like new, hardly used at all.  If they were a car they might be a 2009, but they’d have no miles on them and still come with the full factory warranty and that new car smell.

 

Why are we troubling the servicers with having to come up with another set of guidelines they don’t have to follow?  Don’t they have enough on their plates already?  I mean… they’ve got all those foreclosures still to get handled… and without several of their biggest mills, like Stern and Baum.

 

Then there’s designing the next phase of document creation, that’s not going to be done in a day or two.  And I hear that some servicers may actually have to get things notarized… no, I mean for real… actually notarized.

 

 

I think we should just call the five servicers involved and tell them not to bother with the new guidelines… we don’t need them.

 

Either that, or we should put some pressure on our AGs and our state legislatures to give the new standards or guidelines the force of law… you know… including a private right of action for homeowners, and a provision for attorneys fees.

 

What are the banking lobbyists going to say in response to that?  There will never be lending again in this state?  No chance.  Plus, even if the new standards were made into state law, it would be very easy for the banks to not get sued and lose… just don’t break the new law and follow the standards you agreed to follow in the settlement, which you said you’d follow… so, what’s the problem?

 

To the AGs and state legislators, I would put forth that we don’t need new rules that lack teeth… that no one who agreed to them has to follow.  We’ve got plenty of those kinds of rules related to loan modifications already.  Why would the AGs oppose taking the terms and making them law?

 

I realize the states are gong to have “independent monitors,” but I’m not worried about the monitors getting screwed over and losing their homes… monitors aren’t being damaged by rules being broken, it’s the homeowners, silly.  They’re the ones that need to be able to assert their rights under the agreement.

 

And to the homeowners not at risk of foreclosures just yet…  forget about the deadbeat cracks, shouldn’t any rules of any federal program or settlement with our government be followed?  Period?  Of course they should.  So, since we KNOW the last set were ignored, let’s make these new standards into a law with a private right of action and a provision for attorneys fees and let’s see what happens from there.

 

Maybe with such a law and attorneys fees clause, the trial bar will get interested, and they’ve got a lobby in DC that’s pretty effective, I hear.

 

I know… there are allowable margins for error in the settlement agreement, and extended timeframes for compliance… but, so what?  Whatever we’ve got, make it a law… something that must be adhered to, or consequences might result.

 

Embrace incremental improvements…

 

If you’re waiting for a BIG BANG, you’re going to be waiting for a long time.  It’s become obvious that, as I’ve been saying for so long I’m tired of saying it… it’s a game of inches.

 

And it’s a simple game.  You hit the ball… you catch the ball.  Sometimes you win, sometimes you lose and sometimes it rains.

 

Well, some things are actually better.  Over 80 percent of trial modifications become permanent modifications today… that didn’t used to be true.  And I’ve checked with lawyers all over the country and they’re seeing what I’m seeing… better modifications… and principal reductions more and more.

 

Bank of America has started granting principal reductions as part of their loan mods.  I’ve seen eight in the last two weeks, and a dozen lawyers from around the country, including Bruce Levitt in New Jersey, have reported the same thing.  And how about BofA’s new rent-for-three-years-if-you-can’t-afford-it-any-more program?  I call it a soft landing.

 

And Ocwen is offering shared appreciation modifications (“SAM”) and they’re offering quite a few of them by the way.  But they are still awaiting approval from several states… it’s a requirement, I’m told.

 

And look… I’m not just saying this stuff to protect homeowners from bankers… I’m saying it to protect the bankers and our society too.  I just don’t believe many people can take another failed program that happened because no one followed the rules.  Last time, well… that’s one thing… it wasn’t pretty, but we made it through.

 

 

Not to put too fine a point on it but there are more than a few programs I could reference… like, dozens… that have failed so spectacularly that… and I do mean this literally… their reported outcomes would have been identical had they been administered by farm animals or house pets.  And that would be funny, were it not so entirely accurate.

 

Allow the same exact things to happen back-to-back and I’m not at all sure… all bets could be off.

 

Or… tell me I’m wrong.  I’m always willing to be wrong.  I actually like being wrong because I always learn something… and it happens so infrequently these days… lol.

 

Mandelman out.

 

 

 

Mar
28

Donna Vieira | Occupy No Justice Zone – Hunger Strike Day 7

PRESS RELEASE What: Occupy No Justice Zone – Hunger Strike Day 7 Where: 455 Golden Gate Avenue, San Francisco When: 10am – 1:30pm everyday until justice is served Yesterday marked Day #7 (stated on Wednesday, March 21st) of community activist Donna Vieira’s “Hunger Strike for Justice.” She is outside the Office of the Attorney General … Read more Related posts:
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Mar
26

You’ve got to give it up for the Spaniards… unless they’re bankers.

 

Camping in Zuccotti Park?  Bank Transfer Day?  Occupy protesting evictions… singing in courtrooms to disrupt trustee sales… lawsuits heaped upon lawsuits… yawn.

 

What has happened to us?  We used to be creative in our protests.  We dressed up as Native Americans and dumped tea in Boston Harbor, for heaven’s sake.  What about the 1960s?  We stopped the war, if you recall.  And we were the grooviest!  Our history is jam packed with interesting protestors.  Rosa Parks.  Dr. King.  Abby Hoffman.  The Bonus Army?

 

We even burned our girlfriends’ bras for a while… that was fun to watch.

 

 

But, the international news out today has understandably left many Americans feeling… well, inadequate isn’t quite the word I’m looking for… impotent, maybe?  Flaccid, perhaps?

 

You see, in Spain… as you may have heard… unemployment is north of 22 percent, there are mucho foreclosures, and the Spanish bankers have been getting the heat for it.  Now, it seems they’ll be staying hot, unless they take matters into their own hands.

 

Spain’s high-class escorts have announced that they will not be offering their services to the country’s bankers until they start fulfilling their responsibilities to their society.  “Today, life in Spain really sucks,” one of the girls said.  “So, we don’t have to.”

 

According to RT… a news agency that I now hope to work for one day…

 

“The largest trade association for luxury escorts in the Spanish capital has gone on a general and indefinite strike on sexual services for bankers until they go back to providing credits to Spanish families, small- and medium-size enterprises and companies.”

 

The escorts are telling bankers that until they start closing more loans, they won’t be opening their… services… or accommodating any members of the financial services industry.  A spokeswoman for the trade association praised the strike’s success by stressing that the government and the Bank of Spain have allowed the flow of credit to run dry.

 

The spokeswoman told RT… “We are the only ones with a real ability to put pressure the sector, or take pressure off.  We have been on strike for three days now and we don’t think they can withstand much more.”

 

She also said that reports of bankers pretending to be deadbeat homeowners and bankrupt real estate developers in order to enter an escort’s place of business are pitiful.  “Who else but a banker can afford the 300 euro an hour?”  As soon as they pull out the cash the girls yell, “Métetelo por el culo!” As they laugh and walk away.

 

Picket signs seen in downtown Madrid read:

 

“Don’t come here too soon.  No Loans, No Moans.”

 

The bankers reportedly have become so desperate that they’ve tried to call on the government to mediate hoping the Escort Union would agree to a modification of their demands, but calls to officials were all placed on hold for over an hour before being disconnected inexplicably.

 

SDPnoticias.com, the site that initially published the story, said the bankers continued to use political clout to lobby the government to stop the strike, but apparently Spain’s Minister of Economy and Competitiveness responded by explaining that just like los swaps de incumplimiento crediticio, the government does not sufficiently regulate the escort industry and since neither trades on an exchange, they could not intercede.

 

“Escorts are choosing not to exercise their, um… I mean, they are making use of their right to deny admission or entry to… er… well, you know.  So, it’s a very hard problem… oh dear, I mean… no one can negotiate,” the minister was quoted as saying as he blushed and hurried from the podium.

 

Clearly, today’s news from Spain shows that when it comes to protesting, Americans have lost some of our creativity and are simply not up for it as often as we once were.  Frankly, many have expressed  concern about our staying power as well.

 

One bright spot, however, is that we are starting to see more whistle-blowers coming out of U.S. banks, so perhaps it’s the jobs of the blowers that will get us excited about protesting again… and again.

 

Mandelmano echar.

 

 

Mar
26

You’ve got to give it up for the Spaniards… unless they’re bankers.

 

Camping in Zuccotti Park?  Bank Transfer Day?  Occupy protesting evictions… singing in courtrooms to disrupt trustee sales… lawsuits heaped upon lawsuits… yawn.

 

What has happened to us?  We used to be creative in our protests.  We dressed up as Native Americans and dumped tea in Boston Harbor, for heaven’s sake.  What about the 1960s?  We stopped the war, if you recall.  And we were the grooviest!  Our history is jam packed with interesting protestors.  Rosa Parks.  Dr. King.  Abby Hoffman.  The Bonus Army?

 

We even burned our girlfriends’ bras for a while… that was fun to watch.

 

 

But, the international news out today has understandably left many Americans feeling… well, inadequate isn’t quite the word I’m looking for… impotent, maybe?  Flaccid, perhaps?

 

You see, in Spain… as you may have heard… unemployment is north of 22 percent, there are mucho foreclosures, and the Spanish bankers have been getting the heat for it.  Now, it seems they’ll be staying hot, unless they take matters into their own hands.

 

Spain’s high-class escorts have announced that they will not be offering their services to the country’s bankers until they start fulfilling their responsibilities to their society.  “Today, life in Spain really sucks,” one of the girls said.  “So, we don’t have to.”

 

According to RT… a news agency that I now hope to work for one day…

 

“The largest trade association for luxury escorts in the Spanish capital has gone on a general and indefinite strike on sexual services for bankers until they go back to providing credits to Spanish families, small- and medium-size enterprises and companies.”

 

The escorts are telling bankers that until they start closing more loans, they won’t be opening their… services… or accommodating any members of the financial services industry.  A spokeswoman for the trade association praised the strike’s success by stressing that the government and the Bank of Spain have allowed the flow of credit to run dry.

 

The spokeswoman told RT… “We are the only ones with a real ability to put pressure the sector, or take pressure off.  We have been on strike for three days now and we don’t think they can withstand much more.”

 

She also said that reports of bankers pretending to be deadbeat homeowners and bankrupt real estate developers in order to enter an escort’s place of business are pitiful.  “Who else but a banker can afford the 300 euro an hour?”  As soon as they pull out the cash the girls yell, “Métetelo por el culo!” As they laugh and walk away.

 

Picket signs seen in downtown Madrid read:

 

“Don’t come here too soon.  No Loans, No Moans.”

 

The bankers reportedly have become so desperate that they’ve tried to call on the government to mediate hoping the Escort Union would agree to a modification of their demands, but calls to officials were all placed on hold for over an hour before being disconnected inexplicably.

 

SDPnoticias.com, the site that initially published the story, said the bankers continued to use political clout to lobby the government to stop the strike, but apparently Spain’s Minister of Economy and Competitiveness responded by explaining that just like los swaps de incumplimiento crediticio, the government does not sufficiently regulate the escort industry and since neither trades on an exchange, they could not intercede.

 

“Escorts are choosing not to exercise their, um… I mean, they are making use of their right to deny admission or entry to… er… well, you know.  So, it’s a very hard problem… oh dear, I mean… no one can negotiate,” the minister was quoted as saying as he blushed and hurried from the podium.

 

Clearly, today’s news from Spain shows that when it comes to protesting, Americans have lost some of our creativity and are simply not up for it as often as we once were.  Frankly, many have expressed  concern about our staying power as well.

 

One bright spot, however, is that we are starting to see more whistle-blowers coming out of U.S. banks, so perhaps it’s the jobs of the blowers that will get us excited about protesting again… and again.

 

Mandelmano echar.

 

 

Mar
25

Rachel Maddow | Jeff Thigpen – Standing up to banks, putting who-owns-what back in order (VIDEO)

In a TRMS exclusive, Rachel Maddow reports on one North Carolina town standing up to the big banks that destroyed the housing market and the lives of many local families with foreclosures that may turn out to be fraudulent. ~ 4closureFraud.org TweetRelated posts: Rachel Maddow | Treating the Shattered Economy as a Crime Scene (VIDEO) … Read more Related posts:
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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.

 

Mar
24

Ellen Brown, President of the Public Banking Institute, Has a Plan – A Mandelman Matters Podcast

Click cover to buy on Amazon.com

ELLEN BROWN

EXPLODING THE MYTHS ABOUT MONEY

Author of the book, “Web of Debt

President of the Public Banking Institute 

A Mandelman Matters Podcast

 

If you’re not already familiar with Ellen Brown, then I might as well just go ahead and say: Your welcome,” because I can’t imagine anyone not liking this prolific blogger, author of 11 books, attorney, and President and Chairman of the Public Banking Institute.  Ellen and I have been reading each others’ work for some time now, as it turns out, but we’ve only gotten to know each other personally since first speaking on the phone only a few months back.

I think it took me about five minutes into our first conversation before I asked her be my guest on a Mandelman Matters Podcast.  What she has to say about public banking is fresh and fascinating… and she says that something like 17 states have public banking up for votes this year… and I did not know that.

Excerpts from the site: Webofdebt.com and from the book itself…

“The 1890s were plagued by an economic depression that was nearly as severe as the Great Depression of the 1930s. The farmers lived like serfs to the bankers, having mortgaged their farms, their equipment, and sometimes even the seeds they needed for planting. They were charged so much by a railroad cartel for shipping their products to market that they could have more costs and debts than profits. The farmers were as ignorant as the Scarecrow of banking policies; while in the cities, unemployed factory workers were as frozen as the Tin Woodman from the lack of a free-flowing supply of money to “oil” the wheels of industry. In the early 1890s, unemployment had reached 20 percent. The crime rate soared, families were torn apart, racial tensions boiled. The nation was in chaos. Radical party politics thrived.”

###

“Our money system is not what we have been led to believe. The creation of money has been “privatized,” or taken over by private money lenders. Thomas Jefferson called them “bold and bankrupt adventurers just pretending to have money.” Except for coins, all of our money is now created as loans advanced by private banking institutions — including the privately-owned Federal Reserve. Banks create the principal but not the interest to service their loans. To find the interest, new loans must continually be taken out, expanding the money supply, inflating prices — and robbing you of the value of your money.”

###

Web of Debt unravels the deceptions in our money scheme and presents a crystal clear picture of the financial abyss towards which we are heading. Then it explores a workable alternative, one that was tested in colonial America and is grounded in the best of American economic thought, including the writings of Benjamin Franklin, Thomas Jefferson and Abraham Lincoln. If you care about financial security, your own or the nation’s, you should read this book.

###

And there’s no question about it, we’re NOT in Kansas anymore…

I think everyone is going to really enjoy listening to Ellen discuss the financial issues of the day… from the Wall Street meltdown of 2008 and how we handled things from there, to the impending default of Greece and other members of the EU… Ellen knows what she’s talking about, and a joy to listen to, not only because she makes the most complicated economic concepts easy to understand, but because she makes them personal, never academic.

This podcast is presented in two parts, so we might as well turn up those speakers and get started.  I can promise you this… you’ll never look at “The Wizard of OZ” the same way again… and it’s just fascinating to me that we’ve been here before in this country… more than once.

Click the Scarecrow for Part 1:

And the Tin Man for Part 2!

Mandelman out.

Mar
23

Fannie and Freddie: Slashing Mortgages Is Good Business

Fannie and Freddie: Slashing Mortgages Is Good Business by Jesse Eisinger, ProPublica, and Chris Arnold, NPR A version of this story was co-published with NPR News and broadcast on NPR’s Morning Edition. New analyses by mortgage giants Freddie Mac and Fannie Mae have added an explosive new dimension to one of the most politically charged … Read more Related posts:
  1. Rep. Lofgren and 115 Reps. Call for Fannie Mae and Freddie Mac to Help Underwater Homeowners Via Principal Reductions
  2. BonusSpeak | 2 Month Tax Cut = Hidden Permenant Fee in Future Mortgages to Help Support Freddie & Fannie
  3. Kamala Harris Wants Fannie Mae, Freddie Mac to ‘Pause’ Foreclosures
Mar
22

Max Gardner & Nye Lavalle Together in Concert – A Mandelman Matters Podcast

 

It’s almost been 15 years since Max Gardner and Nye Lavalle met at a conference sponsored by National Consumer Law Center that was held in Colorado, and quickly found themselves viewed as, well… heretics might be the right word.  The two became fast friends based on their shared views related to the mortgage servicing industry… and I think both knew that one plus one was about to equal eleven.

Nye was a successful sports marketer and entrepreneur, credited with correctly predicting that Nascar and figure skating would draw huge crowds back in the 1990s, but after being forced to contend with his own mortgage mess, he focused on learning everything about the mortgage industry.  As Gretchen Morgenson said in her article about Nye that appeared recently in the New York Times“In hindsight, the problems he found look like a blueprint of today’s foreclosure crisis.”

It’s hard to imagine two people more tenacious that Nye and Max.  Nye became a shareholder  in Fannie and stayed on Fannie’s case for two years until finally the GSE hired a DC law firm to investigate his claims.  The 147-page report that resulted from that investigation verified that Nye’s suspicions were correct.

Having Nye Lavalle and Max Gardner together is a rare event.  Together, they would have to be considered the founding fathers of today’s foreclosure defense movement, so this is an opportunity to learn how it all began and where two of the country’s leading experts see things going from here.  Turn up your speakers because it’s time for a very special 2-part Mandelman Matters Podcast… Nye Lavalle & Max Gardner Together in Concert.

Mandelman out.

Mar
22

BELL v COUNTRYWIDE | Latest Foreclosure Ruling Sides with Utah Homeowners, BofA’s Recontrust Unit can’t Rely on Texas Law

Latest foreclosure ruling sides with Utah homeowners Lawsuit » In split with other judges, jurist says BofA unit can’t rely on Texas law Contrary to the findings of two other federal judges in Utah, U.S. District Judge Bruce Jenkins has ruled that Bank of America must follow state law when it forecloses on homeowners in … Read more Related posts:
  1. Utah Foreclosures | BofA’s Unit ReconTrust Violates Law, State Says
  2. Utah | Judge Sides With Homeowners in Foreclosure Suit Since Bank of America Did Not Know Who Owns the Note
  3. Utah Attorney General Moves to Intervene in Federal Judge’s Ruling Utah Foreclosure Trustee Law Inapplicable
Mar
21

GUEST POST: Good for the Banks, Good for the Borrowers by Law Professor, Lauren E. Willis

Good for the Banks, Good for the Borrowers

By Lauren E. Willis, Professor of Law, Loyola Law School Los Angeles

February 17, 2012

Beginning in 2007, the federal government took drastic action to save the nation’s banks. The banks were underwater, with liabilities that exceeded assets by any honest accounting. In response, we committed to them not only $700 billion in much-ballyhooed TARP funds, but also, hidden from public view, trillions of dollars in loans at rates as low as .01 percent, far below what any private investor or bank would have given them.

Although the banks have made much of having paid back much (but not all) of the face value of TARP funds extended, they have not paid a market rate of interest on the money they borrowed. They have even kept what Bloomberg calculates to have been a neat $13 billion in profit from lending the money they borrowed back to American consumers and businesses at higher rates. The American people not only threw the banks a life raft, but pulled most of them ashore.

Yet over four years later, millions of American homeowners are still sinking. About twelve million homeowners are underwater, summing to the ironic number of about $700 billion. To avoid foreclosure, these homeowners will have to make, month after month, year after year, payments totaling far more than their homes are worth.

Many will not be successful. Best estimates are that if we stay on our present course, we are only half way through the foreclosures precipitated by dropping home values, and that the economy will remain in its feeble state for years. The social costs of foreclosure will roll on, increasing the tax burdens and decreasing the quality of life for all households, renter, former homeowner and current homeowner alike.

There is as yet no Troubled Asset Relief Program for homeowners, despite the Obama Administration’s many incarnations of its “Home Affordable” programs. Many Americans’ most troubled asset is their over-mortgaged home, and the government has neither committed $700 billion to help them, nor extended them .01 percent interest rate loans. The $17 billion in principal reductions just agreed to by the banks to settle charges that they lied to the courts in foreclosure documents and charged homeowners bogus fees is less than three percent of the total housing debt overhang.

But what was good for the banks would be good for homeowners, and for renters too.

How would a TARP for homeowners work? Through the power of eminent domain. Eminent domain allows the government to take private property for a public purpose, so long as the owner is paid just compensation. Eminent domain can be used to correct deficiencies in the market, particularly when they threaten public tranquility and welfare.

Homeowners trapped underwater threaten the welfare of our society. After sending inflated monthly payments off to banks, they have little left to spend each month in their communities. They cannot sell because they cannot afford to pay the mortgage balance that exceeds any price their houses could command. Stuck in place, they cannot move to cheaper housing, better jobs,
or training opportunities.

With so many Americans removed from the pool of potential buyers, those who own their homes with smaller mortgages or outright cannot sell their homes for decent prices, trapping them too in place and forcing some to delay retirement. The low house prices do not even benefit renters, who cannot easily buy – in communities that are not decimated by foreclosures, sellers cannot afford to sell, and in communities that are decimated by foreclosures, banks refuse to lend.

With everyone frozen where they were when the housing bubble burst, the workforce is not nimble enough to follow businesses that have quickly changing needs, and so American businesses outsource the work to companies in other countries – both to assemble products and to assemble the engineering teams to develop those products.

Eventually, underwater homeowners will have too little income to make their payments or will give up trying. Further foreclosures will not only drag housing prices down further, but lead to property hazards, fires, crime, and other social costs, threatening the nation’s tranquility.

The logistics of providing homeowners relief from their troubled assets are not particularly complex, and similar programs have been done before. Any jurisdiction with eminent domain authority – the federal government, state governments, or in some states, local government bodies – could do it.

Two general methods could be used, either triggered by a petition of the homeowner. One, which I first proposed in 2008, would allow the government to take primary residences at risk of foreclosure and then sell the homes back to the homeowners at current market prices, with new fixed rate mortgages that do not exceed the value of the home. Because just compensation in eminent domain is measured by the market value of the property, today’s fire-sale home prices would be a boon to this plan. Lenders and investors would receive the lesser of the mortgage balance or the amount paid by the government as just compensation.

A more elegant method, similar to one proposed by Professor Howell Jackson at Harvard Law School, would allow the government to take mortgages at risk of foreclosure, reduce the principal balances and renegotiate the terms with homeowners, without title to the home changing hands. The government would pay the lenders the market value of the mortgages, meaning what an investor today would pay for them; no investor would buy these mortgages for more than the value of the collateral securing them.

The government could sell the new or renegotiated mortgages to private investors directly or could sell bonds backed by the mortgages. So long as the government underwrites the mortgages well, with documentation of borrower income and assets, fair appraisals and monthly payments the borrowers can afford, banks and investors will buy the mortgages or bonds.
This plan is not entirely unprecedented; eminent domain has been used to boost homeownership in the U.S. before.

At one time in Hawaii, concentrated land ownership was injuring the public tranquility and welfare by preventing ordinary families from owning the property on which they lived. To fix this market failure, the state took land from large landowners and compensated them at fair market value. The state then sold the property to the families who had been living there and paying rent, offering them mortgages through the Hawaii Housing Authority. The Supreme Court had no trouble finding this to be constitutional.

Naysayers will predict that banks will never lend to homeowners again in any jurisdiction that implements this plan. But banks are not giving out many new mortgages now. A state or locality with homeowners that are no longer weighted down by excessive debt would be the best place in America to lend.

Others will say that forcing banks to realize the true deflated values of the mortgages on their books will send them back under. But history says otherwise. During the Great Depression, and against the strenuous objections and predictions of doom by creditors, the federal government nullified all clauses in contracts that pegged debt to the price of gold. By taking these contracts off the gold standard, debts were reduced by roughly 40 percent.

Economist and former Federal Reserve Board Governor Randall Kroszner examined the effects of this sweeping debt reduction and found that both stocks and bonds responded favorably. Despite their prior opposition, creditors decided that the elimination of debt overhang and the avoidance of threatened corporate bankruptcies more than offset the cost to creditors of receiving 60 cents on the dollar.

Like the abrogation of the gold standard clauses, eminent domain is a blunt instrument, one that inevitably will be more generous to some than others. Politicians may proclaim that irresponsible homeowners should not be given a helping hand. But in four years, underwater homeowners have already learned all they are going to learn, and to continue punishing them unfairly punishes the rest of us.

Now that we know the Wall Street bailout will not flow out to buoy up the rest of the country’s families and businesses, it is time to help ourselves.

# # #

Lauren E. Willis is a Professor of Law at Loyola Law School Los Angeles, and an expert on the regulation of consumer financial products, including home mortgages.

Professor Willis earned her BA with high honors in general scholarship from Wesleyan University, and her JD, with distinction and Order of the Coif, from Stanford Law School where she was on the senior staff of the Stanford Law Review, a co-founder of the Stanford Public Interest Law Students Association, and a Foreign Language and Area Studies (Russian) Fellow.  Lauren received the Block Civil Liberties Award, the Stanford Women Lawyers Scholarship, and the University Goldstein Award for Scholarship on Children at Risk. 

After law school, Lauren clerked for the Office of the Solicitor General of the United States and for Judge Francis D. Murnaghan, Jr. of the United States Court of Appeals for the Fourth Circuit.  Before coming to academia, Willis was a litigator in the Housing Section of the Civil Rights Division of the U.S. Department of Justice and worked with the U.S. Federal Trade Commission on predatory mortgage lending litigation.   She currently serves on the Research Advisory Council of the Center for Responsible Lending in Washington, D.C.

Lauren taught at Stanford Law School as a Fellow, joined the Loyola faculty in 2004, and spent the 2008 Spring semester as a Visiting Associate Professor at the University of Pennsylvania Law School.  She was honored by Loyola’s graduating day class with the 2008 Excellence in Teaching award.

In her lecture, panelist, and media appearances in the U.S., the E.U., Korea, and South Africa, Willis has discussed regulation of the U.S. home mortgage market, predatory lending, financial literacy education, behavioral decisionmaking, and a variety of consumer law topics.  She is a member of the State Bars of Maryland and Massachusetts.  Currently she teaches: Civil Procedure, Consumer Law, Contracts, and Problems and Reforms in the Home Mortgage Market.

Other papers written by Professor Willis I think you’ll find of interest…

Willis, Lauren E., Will the Mortgage Market Correct? How Households and Communities Would Fare If Risk Were Priced Well (August 5, 2009). Connecticut Law Review, Vol. 41, No. 4, 2009; Loyola-LA Legal Studies Paper No. 2009-25. Available at SSRN: http://ssrn.com/abstract=1444615
Willis, Lauren E., Decisionmaking and the Limits of Disclosure: The Problem of Predatory Lending: Price. Maryland Law Review, Vol. 65, p. 707, 2006; Loyola-LA Legal Studies Paper No. 2006-27. Available at SSRN: http://ssrn.com/abstract=927756
# # #
Professor Lauren Willis can be contacted via email at: lauren.willis@lls.edu
Mar
21

Frank & Brian in Arizona for Spring Training: Think… Not, Work… Not.

 

Look, I like Frank and Brian of Think Big/Work Small… I really do.  A lot.  In fact, I would say that we’re friends.

But, seriously guys… after reporting the facts on today’s video story, which include that banks are running the other way from mortgage lending, and that the federal government is something of an uncertain mess related to mortgage lending, you’re concluding in this video that “we might make it through, and, “we’re gonna’ find ourselves in a recovery, because… drum roll please…

“… something’s gotta’ give?”

You guys and your technical talk.  Click “PLAY” and see what I’m referring to before reading on…

Now, I like attending Spring Training in Arizona as much as anyone… probably more than most.  But, after touching on the exodus from mortgage lending by the largest commercial lenders… a house in Gary, Indiana actually BLOWING UP while being shown by a Realtor (although reportedly, not for any nefarious reason… just an explosive coincidence), the federal government’s uncertain future as related to interest rates and the bond market, and a home in Arizona that you claim will sell for $290,000, but that can be “lived in for a couple hundred bucks a month”… assuming, of course, that you can find a “granny” willing to pay a grand a month to rent the anything-but-grand, “granny flat,” and someone looking to euthanize a harras of horses by boarding them in the middle of the Senoran Desert for $500 a month… after all of that, you found a way to conclude that we may have hit bottom in the housing market?

And the thinking behind your conclusion is that Fortune magazine ran someone’s press release and all in you figured that, “… something’s gotta’ give?”  I mean, fellas… I like Spring Training… and I like the beer they serve at Spring Training too, but… seriously?

And what was that about the inventory of homes being at normal levels?  Hysterical.  Or, the absolutely precious comparison of the number of homes sold in 2011 with the number sold in 2010?  I’m not going to say anything more about those “stats” because… well, because we’re friends, that’s why.  In fact, I wasn’t going to say anything about the whole video, except that I became afraid that if no one did, it might lead you guys to believe that no one like me is paying attention and Lord only knows what could happen from there.

See, here’s the thing… the “granny flat” for a grand… well, not so much.

 

I checked on Trulia… for about three minutes… and for an asking price of $41,500, Granny could have bought the 1829 square foot home with a pool, which is located at 8224 West Flower Street, Phoenix AZ 85033 described below.  Apparently, it’s sold… but just as an example…

“Great 3 bedroom, 2 bathroom home in Phoenix features a pool with a large, near 8,000 square foot lot size. This Great 3 bedroom, 2 bathroom home also has a full bath master bedroom, guest bedrooms, fireplace and a large covered patio round out this nice home.”

Or, throw caution to the wind and go for this one at $46,500 located at 7555 West College Drive, Phoenix… I’m told it’s also been sold, but the pool is just gorgeous, by the way…

This is a fantastic 4 bedroom 2 bathroom home in Phoenix. This 4 bedroom 2 bathroom home features include; master bedroom with french doors, gated pool in the backyard, patio, and very spacious floor plan.

But, I realize that in your $290,000 example, you were talking 5 ACRES.  So, how about this one with 9 ACRES for only $57,000, which is located at 2933 West Palmaire Avenue, Phoenix.  It’s got central air and heat and looks pretty darn nice from the photos.  My best guess puts the monthly payment at something like $335/month, so with the $665 Granny has left over, she could buy and board her own horse.

Even though it says “Most recent information provided by epropertysites.com on 03/20/2012 03:37 AM:” I’ve been informed that this property is also long-since sold, but still… I’m just saying…

  • Price: $57,000
  • Status: For Sale
  • MLS/Source ID: 4630950
  • 4 Bedrooms
  • 2 Bathrooms
  • 2,038 sqft
  • Single-Family Home
  • Built In 1971
  • Lot Size: 9.0 acres
  • Pool

Now, I’m not trying to say that it’s in any way comparable to the one you focused on… yours is probably at least $233,000 nicer (even if it is 4 ACRES smaller), and of course Granny would have to live somewhere else if she wanted to smell horses living outside her door in 120 degree heat.  And besides, well… heck… it’s sure as shootin’ that I’m no real estate expert and the only thing I know about a mortgage is how to get one without reading it.

And if you really wanted to go all out, you could have taken the leap to $145,000 and had 10 ACRES and a POOL… in a nice neighborhood to boot, at 3149 McRae Way in North Phoenix… and yes, I’m told this one is also sold, but just as a starting place…

  • Price: $145,000
  • Status: For Sale
  • MLS/Source ID: 4597515
  • 3 Bedrooms
  • 2 Bathrooms
  • 1,842 sqft
  • Single-Family Home
  • Built In 1979
  • Lot Size: 10.0 acres

“Gorgeous home in North Phoenix, Country Ridge.  This 3 bedroom, 2 bathroom beauty features slate tile in the living areas and kitchen, granite counter tops, river rock fireplace in the living room, and tiled bathrooms. Back yard is perfect for entertaining. Covered paver patio, elevated patio in yard, pool and lush landscaping. Centrally located. This Phoenix home is located in the Deer Valley Unified School District with neighboring schools such as Desert Valley Elementary and Jr High and Deer Valley High School. Must see. Call Corinne Hale for more info at 480-420-REAL.”

And this one, last year anyway… was a bit of a slow mover… you know, like yams on Thanksgiving…

“Added on Trulia: 180+ days ago

Call me crazy, but I’m thinking… should you be interested… you could have probably thrown in an offer at least a smidge  under the asking price of $147k.  I don’t think you’d be at too much risk of insulting the owner.

And, lest you think you need to find distressed properties in this category, go up to an asking price of $207,000 and you might have had this beauty… not a short sale, just a regular listing… on 8 ACRES, and again with a POOL… and it even has a “mother-in-law” deal with separate entry, so she won’t bother the rest of the house when she comes in late after a night on the town.  It’s also no longer on the market, apparently Trulia isn’t the best place to go house hunting, but I’m guessing there are more where this one came from, wouldn’t you think?.

  • Price: $207,000
  • Status: For Sale
  • MLS/Source ID: 4492330
  • 4 Bedrooms
  • 3 Bathrooms
  • 2,121 sqft
  • Single-Family Home
  • Built In 1963
  • Lot Size: 8.0 acres
  • Pool (very nice)

PRIDE OF OWNERSHIP NEIGHBORHOOD-HIDDEN IN DEAD END Cul-de-sac. Mother-N-Laws area with separate entry/exit and bathroom. Extra large CORNER LOT adjacent to wash and public walking-jogging trail with access to the MOUNTAIN PRESERVES. SPLIT GUEST QUARTERS FROM OTHER BEDROOMS-TILED FLOORS- Great CURB APPEAL WITH REDBRICK VENEER COURTYARD ENTRANCE. FORMAL LIVING ROOM-FAMILY ROOM. Beautiful FIREPLACE. Beautiful Pool and block fencing. Existing tenant on month-to-month lease. NOT a SHORT SALE or Lender/Bank Owned property. 

So… as far as being at “the bottom,” as Fortune magazine would have us believe, let’s see… the home in your video had a loan of $733,000… and you think it’s going to sell for $290,000.  If it does sell for $290,000, then the next time it’s in foreclosure, which I’d guess would be by 2014 at the latest, it’ll pop back up on the market around… hmm… let’s see… carry the three, minus 14… at around, what do you figure… $149,900?  No?  Okay, what about $169,900?  $199,000… $229,000… maybe?

Who knows… trying to pick the bottom has long since proven itself to be a fool’s errand anyway, right?  It certainly should have by now.  My advice would be to try buying on the way up.  Missing the bottom by a few bucks as prices rise by maybe four percent a year can’t hurt all that much, but finding out that the bottom isn’t actually $290,000, but instead is actually $90,000… why that just makes you part of the next wave of foreclosures, and Dudes… we all know how much fun that can be. 

However, all of that being said, here’s a marketing idea… why not find whoever wrote the article in Fortune and see if he or she is interested in making an offer on the $290k pad with the potential for hot horsey home rental income?  Let me know and I’ll take down this post immediately.  It’ll be fun to watch…

look… I hate being a porcupine in a balloon factory, so I’m not trying to take anything away from the current numbers that are certainly better than they’ve been in the recent past.  In fact, I’m an optimist by nature, so I hate being the one that comes off otherwise.

Now, that doesn’t mean that people shouldn’t buy homes in the valley, but the structural problems we face haven’t changed, so I see no possibility that we aren’t going to see some continued weakening in the housing market both in the Phoenix area and throughout the country.

However, nothing goes down in a straight line.  

For example, the Dow nearly doubled between March of 1935 to March of 1937 as the economy appeared to be back on track, but it gave up those gains the following year in a sharp, violent slide as a new recession pushed unemployment back near 20%.  From there the DOW puttered along for the rest of the 1930s, never coming close to recapturing its March 1937 high.

Since our economy went off a cliff in 2007 we’ve had several periods during which “experts” have proclaimed that the worst is behind us… none has been anywhere close to correct… many have a vested interest in what they’re reporting.  I understand that optimism is a hard thing of which to let go, but the result of such blind optimism is that we continue to fail to deal with the structural problems that will continue to drag us back from any real recovery until we do.

Lending in this country is, in a phrase, a complete train wreck.  To begin with, the federal government has taken over huge swaths of consumer lending, most notably the $10 trillion home mortgage market.  The government’s share of new loans now approaches 100%.  Today, the three fastest growing government insurance programs are the FHA, the USDA’s single-family guarantee program, and Ginnie Mae.  FHA is flat out bankrupt and after the election will be making headlines as the next giant bailout.  Over the last few years it’s become the new sub-sub-prime.  It’s leveraged at a little under an eye-popping 1,000 to one, which dwarfs Fannie’s previous record of 174 to one… and we know how well that’s working out.

The US Department of Agriculture’s (USDA) single-family guarantee program is the poster child for underpricing risk. A borrower with a FICO score of 620 (a score in the twentieth percentile) is able to get a zero down payment loan of say $150,000. The all-in cost of the USDA loan is at least $12,000 below what Freddie Mac would require for the same borrower paying five percent down.  What’s going to happen here shouldn’t be much of a mystery.

We haven’t had a private securitization of mortgage debt since 2007, and we won’t have for a long time… certainly not until we correct the inadequacies of the system that created our current economic catastrophe.  That means a market dependent on the government for essentially all lending, and that’s just not good.  The credit markets remain broken and we won’t see a real rebound until they have been substantively repaired.

Demand for residential real estate is simply going to be much lower than at any time in the past… more than half of Arizona is still underwater and therefore unable to move.  First time buyers are delaying family formation and therefore purchases of homes.  The unemployment picture is little more than pre-election propaganda.  And foreclosures were simply suppressed last year as banks awaited the settlement with the state AGs… they’re headed higher as we speak.

That makes some comparisons between 2010 and 2011 appear favorable, but it is a meaningless illusion… similar to the illusion of a housing rebound in 2009-10 when we saw the impact of tax incentives and the Fed buying trillions in mortgage-backed securities.

Add to those factors the demographics of our aging baby-boomers, 78 million of us who will de facto be moving less and downsizing as we age… and the certainty of a European default at some point in the next couple of years, and it’s just not anywhere near as pretty a picture as we’re going to have painted for us during the election year that’s ahead.

And all of our lackluster data is occurring in an environment of record low interest rates.  What do you suppose will happen to the housing market as those rates rise?  Defaults will unquestionably spike once again, and credit will tighten even further.  Prices simply have to fall farther before demand will increase enough to stabilize prices, let alone support any real broad based appreciation.

But again… nothing goes down in a straight line, so there will be moments where things will feel like the worst is behind us… followed by times where it will feel like it’s not.

example of a home that had a $733k mortgage that will now sell from a listing price of $290k is just goofy.  What it was, in terms of its price in the past, is entirely irrelevant.  Real estate prices are not set based on their past price, no more than stock prices are priced that way.  And as to whether $290k is some sort of bottom is, as I said, a fool’s errand.  Some may choose to believe that it is a bottom, and they’re certainly entitled to their view, but it’s not a sound methodology for making buying decisions in today’s economy.

And did you see the “granny flat” that came along with that house Frank and Brian were showing?  The one they claim will rent for a grand a month?  I have a friend who recently rented a home in Glendale that’s about 2500 square feet… has a lagoon pool, a 6-hole putting course in the back yard, a wonderful kitchen, incredible patio, cathedral ceilings, etc. etc. It’s renting for $1350/month.  If that Frank and Brian’s “granny flat” rents for a grand I will make you a watch out of wood.  And as far as finding 5 horses to bring in $500/month… well, don’t even get me started.

For $290,000 there’s a whole lot you can buy in Maricopa County and five undeveloped acres is not unheard of the the Sonoran desert.  I’m not saying it’s a bad deal either… it could certainly be “perfect” for someone.  But as far as the guys’ claim that someone is going to be living there for “a couple hundred bucks a month,” based on a sales price of $290k… well… would anyone want to bet on that outcome?  Because I’ll take as much of that action as I can find… and I’ll be betting against.

I will admit that I do get frustrated with the baseless cheer leading of the NAR and Arizona Mortgage Lenders Association because blowing sunshine up our skirts is preventing us from dealing with the very real structural problems we are most assuredly still facing today… as we were four years ago.  To-date we continue to largely run-in-place, economically speaking, and we wouldn’t be were we to stop considering “hope” to be a strategy for future growth.  Hope is nice feeling, I do agree, but it’s a poor substitute for a growth or recovery strategy considering today’s economic realities.

Watching Arizona State Senator Reagan’s mortgage reform bill get drop-kicked by the banking lobby was to be expected, but seeing lackluster public support for such a proposal was truly stunning.  You may not think the proposal was perfect, but to disregard it out of hand, without testimony or debate in the legislature is beyond irresponsible and seals the state’s fate as far as the potential for breakthrough change is concerned.  I don’t think there’s any question that continuing the status quo in Arizona can only lead to a long hard slog, to expect anything else simply can’t be supported by facts… unless you’re okay with Frank and Brian’s “something’s gotta’ give” path to prosperity… and I’m just not.

Still friends though, right?  Go Giants?

Mandelman out.

Mar
20

California Bill to Extend SB 94 to 2017

 

California State Senator Vargas has introduced SB 980, which would extend SB 94 through 2017.

 

Sb 980 Bill 20120123 Introduced

 

Mandelman out.

Mar
20

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


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

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

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

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

Mandelman out.

Mar
16

Florida Bankers Association | Disappointed Over Outcome of Foreclosure Bill But We Got the Courts and Clerks $6 Million to Push The Foreclosure Through

Florida Bankers Newsletter “Disappointing Outcome for Foreclosure Bill” Foreclosures The FBA was successful in placing $4 million in the budget for the courts and $2 million for the clerks of court to ... Related posts:
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  2. Florida Bankers Work with Rep Passidomo to “Fix” Foreclosure Bill
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Mar
16

Florida Bankers Association | Disappointed Over Outcome of Foreclosure Bill But We Got the Courts and Clerks $6 Million to Push The Foreclosure Through

Florida Bankers Newsletter “Disappointing Outcome for Foreclosure Bill” Foreclosures The FBA was successful in placing $4 million in the budget for the courts and $2 million for the clerks of court to use for foreclosure cases. This will help with the backlog of foreclosure cases in the court system. Unfortunately, the Florida Senate did not … Read more Related posts:
  1. Mortgage Bankers Association Sold $79 Million Headquarters for $41 Million, New Buyer Flips Building for $101 Million
  2. Florida Bankers Work with Rep Passidomo to “Fix” Foreclosure Bill
  3. Florida Bankers Work with Rep Passidomo to “Fix” Foreclosure Bill HR1191
Mar
16

Chip Parker | Florida’s Rocket Docket Redux

“This is no longer a fight about foreclosures – this is a fight for the very integrity of our courthouses. We all pay for this horrendous system, whether our homes ... Related posts:
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  3. Rocket Docket Returns | Florida Foreclosure Courts to Get Money to Speed Cases
Mar
15

L. Randall Wray | Secret Deals, Foreclosure Settlements, Stress Tests and Vampire Squid Whistleblowers

Secret Deals, Foreclosure Settlements, Stress Tests and Vampire Squid Whistleblowers No Hollywood scriptwriter could plot a more implausible story. Here is the plotline sequencing: Bankers make NINJA loans, securitize them, and sell on to government GSEs Bankers destroy all the loan documents and begin random and fraudulent foreclosures, throwing millions of innocent victims out on … Read more Related posts:
  1. L. Randall Wray | Memo to Banks: You are Toast
  2. Stress Tests | State-by-State Data Shows More Than 25% of U.S. Community Banks Will Be Undercapitalized
  3. L. Randall Wray | Requiem for MERS (and the Banks That Created the Frankenstein Monster)
Mar
14

HUD OIG Report | JPMorgan Chase Bank N.A. Foreclosure and Claims Process Review

“We reviewed 36 affidavits for foreclosures in judicial States to determine whether the amounts of the borrowers’ indebtedness were supported. Chase was unable to provide documentation for the amounts of borrowers’ indebtedness listed on the affidavits for all except four. When we reviewed the four affidavits in detail with Chase management, three were inaccurate.” ~ … Read more No related posts.
Mar
10

Church foreclosures reach record levels

Hallelujah!


This is one of those titles which should have immediately lent itself to a discussion of a war on religion or some other social conservative prospect. But the reality turns out to be considerably more mundane. A recent study indicates that churches are being foreclosed upon in record numbers, but it doesn’t seem to have [...]

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Mar
10

April Charney Foreclosure Workshop Live Streaming Video Today from 10:30am til 4:30pm EDT

Should go live at 10:30? (student loans) If not, April’s teach in starts at 1:30 ~ Earn The Learn – Foreclosures in Florida Jacksonville Area Legal Aid, Inc. and Occupy Tampa with host Nourish International present a foreclosure information teach-in designed to help participants understand the foreclosure process to avoid the loss of homeownership. Topics … Read more Related posts:
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  3. Citizen Warriors Unite | Sat. Oct 15, 2011 – Sarasota, FL – FREE Foreclosure Defense Forum & Anti-Foreclosure Advocacy Workshop (Trawick, Charney, Weidner, Houk, Epstein) & Showing of Inside Job Documentary
Mar
09

Watch this! Ireland wants the same answers we do.

 

Mandelman out.

Mar
09

Banksters Foreclosing on Churches in Record Numbers

Banks foreclosing on churches in record numbers (Reuters) – Banks are foreclosing on America’s churches in record numbers as lenders increasingly lose patience with religious facilities that have defaulted on their mortgages, according to new data. The surge in church foreclosures represents a new wave of distressed property seizures triggered by the 2008 financial crash, … Read more Related posts:
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Mar
08

Federal Reserve Board releases action plans for three supervised financial institutions to correct deficiencies in residential mortgage loan servicing and foreclosure processing

The Federal Reserve also released the engagement letter between HSBC and the independent consultant HSBC retained to review foreclosures Release Date: March 8, 2012 For immediate release The Federal Reserve Board on Thursday released action plans for three supervised financial institutions to correct deficiencies in residential mortgage loan servicing and foreclosure processing. The three institutions … Read more Related posts:
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Mar
08

Wells Fargo Warns Shareholders – it’s own behavior may hurt the bank’s performance.

Wells Fargo

2011 ANNUAL REPORT TO STOCKHOLDERS

Furthermore, there can be no assurance as to when or whether a

definitive agreement regarding the settlement will be reached and

finalized or that it will be on terms consistent with the settlement in

principle.

Risk Factors (continued) 

Page  Report 107  PDF 72

Negative publicity, including as a result of protests, could damage our reputation and business. 

Reputation risk, or the risk to our business, earnings and capital from negative public opinion, is inherent in our business and increased substantially because of the financial crisis and the increase in our size and profile in the financial services industry following our acquisition of Wachovia.

The reputation of the financial services industry in general has been damaged as a result of the financial crisis and other matters affecting the financial services industry, and negative public opinion about the financial services industry generally or Wells Fargo specifically could adversely affect our ability to keep and attract customers. Negative public opinion could result from our actual or alleged conduct in any number of activities, including mortgage lending practices, servicing and foreclosure activities, corporate governance, regulatory compliance, mergers and acquisitions, and disclosure, sharing or inadequate protection of customer information, and from actions taken by government regulators and community or other organizations in response to that conduct. Because we conduct most of our businesses under the “Wells Fargo” brand, negative public opinion about one business could affect our other businesses and also could negatively affect our “cross-sell” strategy.

The proliferation of social media websites utilized by Wells Fargo and other third parties, as well as the personal use of social media by our team members and others, including personal blogs and social network profiles, also may increase the risk that negative, inappropriate or unauthorized information may be posted or released publicly that could harm our reputation or have other negative consequences, including as a result of our team members interacting with our customers in an unauthorized manner in various social media outlets.

During the past several months, Wells Fargo and other financial institutions have been the targets of numerous protests throughout the U.S., such as the “Occupy Wall Street” protests and other movements designed to cause customers to close their accounts with large financial institutions. These protests have included disrupting the operation of our retail banking stores and have resulted in negative public commentary about financial institutions, including the fees charged for various products and services.

There can be no assurance that continued protests and negative publicity for the Company or large financial institutions generally will not harm our reputation and adversely affect our business and financial results.

 

Thanks for the warning, Wells Fargo. So far, I’d say you’re right on track to be referring to this warning as part of your defense one day.  I’m just saying… 

 

By the way, is Warren Buffet okay with this whole thing?  Amazing.

 

Mandelman out.

Mar
08

Wells Fargo Warns Shareholders – it’s own behavior may hurt the bank’s performance.

Wells Fargo

2011 ANNUAL REPORT TO STOCKHOLDERS

Furthermore, there can be no assurance as to when or whether a

definitive agreement regarding the settlement will be reached and

finalized or that it will be on terms consistent with the settlement in

principle.

Risk Factors (continued) 

Page  Report 107  PDF 72

Negative publicity, including as a result of protests, could damage our reputation and business. 

Reputation risk, or the risk to our business, earnings and capital from negative public opinion, is inherent in our business and increased substantially because of the financial crisis and the increase in our size and profile in the financial services industry following our acquisition of Wachovia.

The reputation of the financial services industry in general has been damaged as a result of the financial crisis and other matters affecting the financial services industry, and negative public opinion about the financial services industry generally or Wells Fargo specifically could adversely affect our ability to keep and attract customers. Negative public opinion could result from our actual or alleged conduct in any number of activities, including mortgage lending practices, servicing and foreclosure activities, corporate governance, regulatory compliance, mergers and acquisitions, and disclosure, sharing or inadequate protection of customer information, and from actions taken by government regulators and community or other organizations in response to that conduct. Because we conduct most of our businesses under the “Wells Fargo” brand, negative public opinion about one business could affect our other businesses and also could negatively affect our “cross-sell” strategy.

The proliferation of social media websites utilized by Wells Fargo and other third parties, as well as the personal use of social media by our team members and others, including personal blogs and social network profiles, also may increase the risk that negative, inappropriate or unauthorized information may be posted or released publicly that could harm our reputation or have other negative consequences, including as a result of our team members interacting with our customers in an unauthorized manner in various social media outlets.

During the past several months, Wells Fargo and other financial institutions have been the targets of numerous protests throughout the U.S., such as the “Occupy Wall Street” protests and other movements designed to cause customers to close their accounts with large financial institutions. These protests have included disrupting the operation of our retail banking stores and have resulted in negative public commentary about financial institutions, including the fees charged for various products and services.

There can be no assurance that continued protests and negative publicity for the Company or large financial institutions generally will not harm our reputation and adversely affect our business and financial results.

 

Thanks for the warning, Wells Fargo. So far, I’d say you’re right on track to be referring to this warning as part of your defense one day.  I’m just saying… 

 

By the way, is Warren Buffet okay with this whole thing?  Amazing.

 

Mandelman out.

Mar
08

New Obama housing strategy: Flip This Bailout?

The Dukes of Moral Hazard.


It seems that the White House has tried everything they can to keep housing values from dropping to a historically-rational level.  They have blocked foreclosures, offered gimmicky tax breaks that did nothing but steal demand from future quarters, and spent tens of billions on HAMP.  All of these came from the Obama administration’s emphasis on [...]

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Mar
07

North Miami Mayor Andre Pierre’s House Is In Foreclosure

“He bought the 11,945-square foot property in the Sans Souci Estates development in 2003, the booming days of the housing bubble, for a tidy $353,000. That’s since ballooned into a $432,538 mortgage as of last July.” “The house, meanwhile, is worth just $230,000.” ~ North Miami Mayor Andre Pierre’s House Is In Foreclosure North Miami’s … Read more Related posts:
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