Dec
06

Private RNC conference call: Let’s stay away from personal attacks on Obama next year

"There's a lot of people who feel sorry for him."


I don’t think they mean all personal attacks, I think they mean attacks of the dark, conspiratorial “Obama’s destroying the economy deliberately” variety. Why argue that and risk alienating some independents when you can argue “Obama’s destroying the economy through rank incompetence” instead? Nothing personal: He’s simply out of his depth and now it’s time [...]

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Nov
18

I, Robosigner… A three act play about affidavit fraud in AG Masto’s Nevada

ACT ONE – The shot across all bank bows

As the month of August came to a close, Nevada’s attorney general, Catherine Masto, filed her second amended complaint against Bank of America and friends.  Yves Smith provided the analysis in her post on Naked Capitalism, Nevada Lawsuit Shows Bank of America’s Criminal Incompetence, and all I can tell you is that it reads like a John Grisham or even a Robert Ludlum novel, I don’t know if it quite rises to the level of a John le Carre, but it’s a great read.  Oh, and spoiler alert… there’s going to be a sequel.

She says that the litigation by the attorney general is “significant not merely due to the damages and remedies sought, but because it paves the way for private lawsuits.”  So, that I like the sound of that… private lawsuits are good where Bank of America is concerned.  Here’s what she had to say about the complaint itself…

And make no mistake about it, this filing is a doozy. It shows the Federal/state attorney general mortgage settlement effort to be a complete travesty. The claim describes, in considerable detail, how various Bank of America units engaged in misconduct in virtually every aspect of its residential mortgage business.

The complaint describes abuses from the very outset of the securitization process: how borrowers were mis-sold mortgages (it describes how entire products were effectively predatory), how investors were misled as to their quality, how they were not conveyed properly to securitization trusts, how borrowers were subject to abusive servicing (as in charged improper and impermissible fees), how promises made under the old consent decree regarding mortgage modifications were violated (for instance, even though interest rate reductions were promised, instead modifications often resulted in HIGHER interest rates), and the filing of fraudulent paperwork to execute foreclosures.

Metaphorically, this complaint was a shot across all the bank bows.

ACT TWO – A robo-felony is born

Next, on November 7, 2011, the Wall Street Journal, in its article titled: Nevada Foreclosure Filings Dry Up After ‘Robo-Signing’ Law, described a new felony law that Nevada’s state Assembly passed and that took effect on October 1, 2011, that’s designed to crack down on “robo-signing.”  That’s what we call it when bank employees sign off hundreds of thousands of legal filings, lying about having personally reviewed each case.

The new law holds individuals criminally liable for such false representations and provides for civil penalties of $5,000 for each violation.

Early results say the law is working. In fact, during the first month after the law took effect, notices of default fell from 5,380 to just over 600, a drop of 88 percent, according to data tracked by ForeclosureRadar.com.

The new law also bans trustees from handling foreclosures if a subsidiary of the foreclosing bank, which means that Bank of America’s use of subsidiary, Recon Trust, in Nevada, is no longer allowed.  And ReconTrust didn’t file any NODs in October, about which a Bank of America spokesliar declined to comment.

Of course, the banking lobby is going with the SOP, claiming that the law is going to slow foreclosures, which we all know, hurts everyone.  And then I’m sure there was something about how there’s going to be no lending in Nevada in the future, and stuff like that.

Those behind the bill cleverly, if transparently, say that it’s not about stopping foreclosures, it about guarding against potential title defects that can lead judges to later invalidate foreclosures, as has happened in both Michigan and Massachusetts.  Tisha Black Chernine, a real-estate lawyer in Las Vegas who helped draft the bill, was quoted by the WSJ as having said the following when talking about healing the housing markets…

“This is not at all about preventing foreclosures. It is about helping end users.  We need to make sure foreclosures are done properly.  People taking title pursuant to a bad foreclosure run the risk of having no title at all.”

Okay, so that her story and she’s sticking to it, I suppose.  And if people are buying that, and it’s working with the bank, then I’m in favor of saying it.  Heck, I’d tell BofA scary bedtime stories about all sorts of thing every night all year if I thought it would get them to do a Scrooge-like turnaround as far as the foreclosure crisis is concerned.

So, while Nevada’s NODs dropped by 88 percent, foreclosures picked in the other 49 states.  Looking at loans bundled and sold as mortgage-backed securities without any government guarantees, Fitch ratings attributed the spike in foreclosures to making up for time lost pretending to investigate robo-signing, which started during the fall of 2010, and caused intermittent delays for several months.

ACT THREE – Let’s get criminal, criminal…

And now, for the first time, but likely not the last, … National Mortgage News is reporting that the State of Nevada filed its first criminal charges in conjunction with robo-signing against two individuals accused of filling tens of thousands of false documents.  John Kelleher, the state’s chief deputy attorney general, told National Mortgage News that he expects that more indictments in the future.

The defendants in the case allegedly allowed others to forge their signatures and then submit the fraudulent documents to the county recorder, but curiously the indictment doesn’t say for which servicer Gary Trafford and Gerri Sheppard worked.  Although, KLAS-TV in Las Vegas, after producing a lengthy series on robo-signing, reported that Trafford and Sheppard worked for Lender Processing Services (“LPS”) of Jacksonville, Florida.

If you want into the pool I’ve started it’s $25 per square, you can buy up to four, and the winner get’s half the pot, which is expected to be over $1 million, thanks to the use of leverage.  The contest’s loser will also win a purse expected to be almost $2,000,000, due not only leverage, but also because of the incorporation of synthetic derivatives, and credit default swaps, which is sort of like “loser insurance.”

Bail has been set at $500,000 each, with the two defendants facing over 600 counts including both felonies and gross misdemeanors.

No allegations against the actual banks are included.  Again, according to Kelleher…

“We simply don’t know if the major banks were aware of what these individuals were doing.”

Yeah, me either.  It was probably a rogue employee of LPS, taking it upon themselves to forge and record hundreds of thousands of fraudulent affidavits on behalf of the largest banks in the world because… well, whatever.  Regardless, I could certainly see why we might give LPS the benefit of the doubt, where there any doubt to be found anywhere near this case.

I’ll tell you the answer to this question: Yes the bank knew… all the way up to the CEO’s office they knew.  No one would ever open a document forgery department at JPMorgan or Bank of America without the blessing of the bosses, you can trust me on that.

ACT FOUR – ???

Well, believe it or not, how this act goes is going to depend on “us.”  Attorneys general, it should come as no surprise, are largely political beings… at least most are.  That’s one of the major reasons that no settlement has been… or perhaps can ever be, reached.  Kamala Harris in California has certainly been shone to be cognizant and reactive to public opinion.

In fact, the same thing is true about members of the House of Representatives.  If you’re skeptical, just consider the issue that actually motivates people to action… executive bonuses… just about anywhere, like most recently at Fannie Mae and Freddie Mac.  Hearings and held in a hurry, legislators ask tough questions and in many instances, things do happen.

For example, this week the House Financial Services Committee approved legislation to suspend executive compensation packages and halt future bonuses at Fannie and Freddie, only about a week since the news of the bonuses hit the headlines.

That’s not because those in congress all have a natural passion to deal with compensation issues, they most certainly do not.  But, the American people have become visible and vocal on this issue and congress both sees and hears them loud and clear.  And so things happen.

Remember a bill that was introduced right before the midterms in 2010 that would have made out of state notary okay?  Well, Obama decided to pocket veto it with a day or two.  It was here and then it was gone.  Why?  Because bloggers involved in the foreclosure fight all told their readers to write in now and enough did.

The fight over Elizabeth Warren is another example.  The powers that be were united that Warren was not going to be the one to head up the Consumer Financial Protection Bureau, and eventually they prevailed, but it wasn’t easy… and that’s because of the pressure of public opinion.

We may not realize it soon enough and may not take action in time as a result, but the truth of the matter is that were “we the people” to push today, we’d likely find that someone is already kneeling down behind them and they fall easier than anyone thought they would.  I’ve tried to say this before, but the answer lies in things like coordinated letter writing campaigns that are targeted, concentrated and laser focused as to their message.

Just imagine if 300,000 American voters all contacted their representatives in the House (i.e. targeted) at the same time (i.e. concentrated) and asked that congress take immediate action… let’s just say, to correct the country’s property records as a result of MERS… or more generally, to take immediate action to create jobs (i.e. focused).  The media would, of course, cover it… and pollsters would be dispatched around the country to determine just how many people shared the view.

If enough people were involved, and by enough I mean that representatives receive at least hundreds of like messages from constituents.  At 500 of such messages the resulting in them becoming concerned about their prospects for reelection, then things would happen.

I see the key obstacles today, at least as related to the foreclosure crisis, as being threefold:

  1. People are overwhelmed with their own lives and want an answer, but the game is one where you win by hitting singles, not home runs, and because the things that are singles aren’t as exciting as would be home runs… it is therefore hard to get enough people motivated to take action on something when that thing alone is not perceived as capable of solving someone’s problems today.
  2. People involved in the foreclosure crisis are ashamed of their situation and therefore they don’t tell anyone about their situation or share their views on the subject for fear of being branded “an irresponsible borrower.”  As a result, the grass roots efforts haven’t spread from person to person, because although individuals join, they don’t recruit their friends or family members.
  3. Consider what’s missing from the foreclosure crisis.  Even with over 3,000 evictions going on seven days a week, 365 days a year… and 10,000 foreclosure notices going out every day as well… do you see even one Hollywood movie or rock star on public service messages talking about the tragic nature of the foreclosure crisis?  You don’t, do you?  No you don’t.  The “irresponsible borrower” stereotype, while changing slowly to be sure, continues to block progress and prevent people from learning more.

So, what happens in ACT FOUR is going to be a reflection of what we-the-people do… or don’t do.  We cannot change what’s going on in a macro sense if we are exclusively focused on our individual micro situations.  Individual fights do not win a battle, just as individually fought battles don’t win a war.

So, meanwhile… while we wait to see what’s behind the curtain that goes up on ACT FOUR… I give you Nevada’s Attorney General Catherine Masto!

… Faster than a NINJA loan originating at Wamu… More powerful than an unlimited warehouse line at Lehman Bros… able to see swaps and synthetics even when inside an SPE… Look, up in the sky… It’s a bird… It’s a plane… no it’s Nevada’s own, Catherine Masto… Super AG!

HEY WAIT… I HAVE AN IDEA!

My DOERS are used to writing letters and emails expressing frustration and anger to bankers who are doing things wrong and harming people.  And they’re very effective letter writers.  Well, now I’d like to suggest that we all send emails to Catherine Masto to tell her how pleased we all are to see her standing up for the people of her state and how we wish she was our AG too!  I’m serious, if enough of us do it, the media might even pick up the story because NO ONE ever sends nice letters to state AGs… I’ll bet you anything.

SEND E-MAIL IN SUPPORT OF NEVADA’S AG - CLICK HERE.

Obviously, in California our AG has not yet come to realize that the fraud and forgery of robo-signing in this state is something worth going after, perhaps because it’s not as concentrated a problem as it is in Nevada.  Harris hasn’t even talked about filing such a suit, as far as I can tell.

Frankly, I think we should do something about that obvious inequity.  Or, we could just wait a few years until California’s housing market looks closer to what Nevada’s does today, and then everyone will speak up as they have in Nevada, believe you me.

Here’s how you reach California’s Attorney General Kamala Harris… call or send letter telling her that you want and very much expect her to prosecute servicers for the fraud that is “robo-signing,” just as her counterpart in Nevada is doing.

Contact California’s Attorney General

Attorney General’s Office

California Department of Justice

Attn: Public Inquiry Unit

P.O. Box 944255

Sacramento, CA 94244-2550

Voice: (916) 322-3360 or

Toll-free in California: (800) 952-5225

Fax: (916) 323-5341

###

AND JUST TO MAKE SURE YOU’RE NOT MISSING MY POINT…

It goes to show you… all you have to do is make the crime of affidavit fraud a felony, and it immediately stops 88 percent of foreclosures.  What does that say about 88% of the past foreclosures in Nevada?  I guess it says that they were dependent on fraudulently signed documents, right?

Looks like that to me… but then the bankers all said the robo-signings were just isolated incidents.  Doesn’t seem right to me, in fact it looks to me as if foreclosing legally is the isolated incident.

I do know this for sure… we just need more like AG Masto… quite a few more.

Mandelman out.

Oct
24

Solyndra-linked campaign bundler still a big boon to Obama’s campaign

Always priority No. 1: Reelection.


The president is so convinced that outrage about the government’s $535-million loan to failed solar company Solyndra is just “partisan politics” that he assumes it will hurt him not a bit if he continues to allow folks with Solyndra ties to significantly contribute to his campaign. Steven Spinner is the former Energy Department official who [...]

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Oct
06

So Holder ignored not one, not two, not three, but five memos about Fast and Furious?

"1500 firearms ... were then supplied to Mexican drug trafficking cartels.”


It was never a comforting thought to think the Attorney General just can’t be bothered to read his weekly briefings, but it was at least plausible to think Eric Holder overlooked one or two memos about the pernicious and fatal Fast and Furious program. But make that five memos and the AG’s incompetence and negligence [...]

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May
04

The Most Damaging Propaganda Campaign in History. And its Aimed at You and Me

Originally posted in October 2010… Re-posted at request of readers.

When I think of the most insidious propagandists in history, Joseph Goebbels certainly comes to mind.

Goebbles became Adolph Hitler’s propaganda minister in 1933, and from then until his death by suicide in 1945, he had absolute power over all German radio, press, cinema, and theater.  Goebbels used the media to instill the idea that Germany’s leader was a veritable god, and that Germany’s destiny was to rule the world.  His most virulent propaganda, it should go without saying, was used against the Jews… so, I guess one could say, very well done there.

Goebbels had rules that he followed… precepts that had to be adhered to in order to create an effective propaganda campaign.  Some of those rules included:

  • Propaganda must be carefully timed, reaching its audience ahead of competing propaganda.
  • Propaganda must have a theme that must be repeated over and over.
  • Propaganda must label events and people with distinctive phrases or slogans.
  • Propaganda must evoke the interest of the audience.
  • Propaganda must diminish anxiety.
  • Propaganda must be transmitted through an attention-getting communications medium.

Look, this guy may have been a murdering, genocidal lunatic, but no one ever accused him of incompetence; Joseph Goebbels was very good at his job.

As Americans we like to think that this country doesn’t tolerate such propagandists.  We like to think that they only exist in history books, or perhaps in less sophisticated countries.  Oh sure, we’ve got them in the advertising agencies of Madison Avenue, but if they get out of line, our government steps in and says no.

Well, as it turns out we’re wrong about the use of propaganda in this country, dead wrong.  In fact, we the people of this country have been the target of the most insidious and pervasive form of propaganda, non-stop, and for the last 30 years.  And, perhaps the worst part is that our government has been complicit in allowing it to continue because, at least in part, our government has been a beneficiary of what it has accomplished.

The propaganda campaign might be referred to in any or all of the following ways:

Debt is a status symbol… debt is a sign of success… debt is cool… you should want as much debt as you can get… being approved for more debt means you’ve made it.

Look at that handsome man getting out of that expensive car with that beautiful girl by his side… look… he’s paying for dinner with his striking sign of success… his GOLD Visa Card.  Oh, he’s getting some tonight, for sure.

And how about… Rescue a Puppy… $22.  Puppy’s bowl… $8.  Pictures of your baby with the puppy… Priceless.  Some things money can’t buy.  For everything else there’s MasterCard.  Look at the puppies and the baby… awwwww… how cute!

The fact is that you can’t get through an hour of your day without being exposed to very sophisticated advertising that is designed to position debt as s status symbol… something to be desired… to aspire to.

I want to be a gold debtor… I want to be a platinum debtor… how about a silver card?  Can I be a titanium debtor?  I’d like to see something in a palladium card.  Why not become an emerald debtor, or perhaps a sapphire debtor?  I want the Purple Card… can I have the purple card, please?  Wait… I love to Discover!  I want to be a “Member”.  I want privileges.

Want to know what those ads should say?  How about the following:

Can’t afford stuff?  Order your CEMENT VISA.  Or… Get your GRANITE MasterCard.  Lug either one of those around with you wherever you go and everyone will know that you don’t make enough money to support your lifestyle.  Call 800-GET-DEBT… that’s 1-800-GET-DEBT.  Call today!

Gee… I wonder why they don’t use that approach?

You know, there’s another industry that tried to use the same sort of image enhancing approach to advertise its products… the tobacco industry.

See that ruggedly handsome man on that beautiful horse in the snow?  He’s a Marlboro Man.  Don’t you want to be a Marlboro Man, too?  And what about that great looking couple on that sailboat… they look like JFK and Jackie… they’re smoking Salem.  Want to be like them?  Or, maybe you’d like to smoke something so long it’s constantly getting caught in elevator doors… or how about something that tells the world that you’d rather fight than switch?

All of these and many more used to be cigarette advertising on television, until our government stepped in and said… Nooooooo.  You can’t do that… cigarettes are bad for you… they’ll kill you… and not only that… they’ll kill puppies and babies too.  So, no more cigarette ads on T.V. because obviously it isn’t safe to subject a population to that sort of propaganda… they’ll be helpless against it and will die young as a result.

Got it.  And I agree with the thinking.  It’s not a good idea to allow the makers of cigarettes to advertise their products in such a way that millions would be persuaded to smoke and do significant harm to their health as they try to live up to the glamorous image presented in one way or another.  There’s nothing glamorous or cool about smoking cigarettes.

So, which do you suppose kills more people each year?  Smoking cigarettes… or living a lifetime with the stress brought on by the mountain of debt we’ve been enticed to take on?  Do you know?  Does anyone?

A significant number of researchers have shown that as much as 60-90% of illnesses are directly caused by or exacerbated by stress.  And in fact, numerous studies have shown that stress is related to major illnesses like heart disease, high blood pressure, and diabetes. Consider the following, taken from a variety of articles on stress and health:

“A 1998 survey of 526 Japanese men, aged 30 to 69, supported the idea that long working hours can be hazardous to a man’s health. The subjects of the study included men who had been hospitalized with a heart attack as well as healthy men of similar ages and occupations. The results were striking: men from both groups who put in more than 11 hours of work on an average day were 2.4 times more likely to have a heart attack than were men who worked “just” seven to nine hours a day.”

“Since 1961 scientists at Harvard Medical School and the Harvard School of Public Health have been observing 2,280 men as part of the Normative Aging Study. In 1986, 1,305 men (with an average age of 61) completed the psychological test known as the Minnesota Multiphasic Personality Inventory (MMPI-2), which includes a section designed to quantify anger. Each participant received a score that indicated his level of anger and hostility. The men returned for comprehensive medical examinations approximately every seven years, at which time they were checked for heart disease and cardiac risk factors such as smoking, hypertension and high cholesterol.

All the men were free of coronary artery disease when the study began, but during seven years of observation, 110 of them developed heart disease. The men with the highest anger scores were at the greatest risk for developing heart disease. And the risk was substantial: coronary artery disease was diagnosed three times more often in the angriest men than in the men with the least anger. The link between anger and heart disease was not explained by differences in blood pressure, smoking or other cardiac risk factors; hostility was heartbreaking in its own right.”

“In a report published this spring, Susan A. Everson and her colleagues at the University of Michigan School of Public Health reported that hostility increases a patient’s risk of stroke. The effect is significant. In a seven-year study of more than 2,000 men, the scientists found that men who showed high levels of anger on standard tests of anger expression were two times more likely to have strokes than were their calm peers. Other factors such as age, smoking, high blood pressure, excessive alcohol consumption, diabetes, obesity and high cholesterol levels did not account for the increased risk.”

“There is now little question that stress can kill. Harvard physiologist Walter Cannon recognized 90 years ago that when confronted by a threat-physical or emotional, real or imagined-the body responds with a rise in blood pressure, heart rate, muscle tension and breathing rate. We now know that this physiological “stress response” involves hormones and inflammatory chemicals that can foster everything from headaches to heart attacks in overdose.”

But, while television commercials advertising cigarettes as being desirable were banned decades ago, no one seems to mind the non-stop barrage of ads that distort the image of debt, transforming what was once considered a burden, into a status symbol and sign of one’s success.  Turn “Joe Camel” into a stuffed animal and everyone goes berserk, but hand out coolie cups and tee shirts emblazoned with the logos of Visa and MasterCard at college fairs, and no one says a word.  Look Dad, I’m pre-approved.

It’s obvious that our government could care less if we die early as a result of living under a mountain of debt… as long as we don’t smoke.

So, what happened here… when did it all change?  Because the last generation didn’t brag about being in debt, so why do we?  I used to carry a Platinum Card around, now I think I should have taped it to my forehead.  We don’t even know how much our cars cost anymore… only the amount of the monthly payment.

Well, it’s the advertising… no question about that, but why did it start and when did it start?  The answer to why, is “securitization,” and as to when… in the early to mid-1980s.  But before securitization could work its magic, we needed some debt to securitize.  And the fastest way to generate a whole bunch of debt is to get a hundred million people or so hooked on credit cards.

Credit Cards… A Walk Down Memory Lane

Bank of America introduced the nation’s first general-purpose credit card in 1958. The idea was to tap into the pent-up consumer demand created by World War II.  When a bank executive was asked why he thought credit cards would be successful with consumers he said: “Look, we just put five years of our life in a brown suit carrying an M1 rifle, and we want the refrigerator now.”

Bank of America launched their first card by mailing 60,000 cards to residents in Fresno, California, and before long, banks from all over the country were using credit cards to compete for new customers.  Before that, Americans were used to having a small number of banks in their small town.  If they needed to borrow money, they’d go meet with the banker and he’d either grant them credit or he wouldn’t.

The first decade of credit card marketing was chaos.  Some people were outraged at how banks were luring people into debt and the banks were hit by huge losses from defaults.  It was 1966, however, when the fit hit the shan.

It was referred to later as “The Chicago Debacle,” and it happened when a whole bunch of Midwestern banks decided that they each wanted to be the first to reach the huge, untapped Chicago market of shoppers in advance of that year’s holiday season.

In the rush to be first, the banks mailed credit cards to convicted felons, toddlers, and dogs… pandemonium ensued.  The nightly news ran stories about corrupt postal workers feeding stolen cards to organized crime, while suburban families, who had never even received their cards, started receiving bills for thousands of dollars for charges they never made.

At the Congressional hearings that resulted from The Chicago Debacle in ‘67, some said credit cards should be made illegal.

Fast forward through the 1970s…

The year was 1980 and South Dakota’s economy was in terrible shape.  At the same time, Citibank was going broke because of its credit card business.  If you remember 1980, then you remember double-digit inflation, and the rate of inflation was exceeding the rate of interest Citibank was allowed to charge its credit card customers under New York’s usury laws; laws that limited the amount of interest that could be charged on a loan.  Lending at 12%, but borrowing at 20% isn’t really much of a business model, after all.

Citibank saw an opportunity in South Dakota.  They flew out to meet with the state’s Governor and made a deal.  South Dakota agreed to quickly pass legislation that was actually drafted by Citibank, and it eliminated all usury laws… in other words, you could now charge as much interest as you wanted to.  No limits.  Citibank picked up and moved its credit card operations there, bringing 3,000 high-paying white-collar jobs to the state.

(The move by Citibank was made possible by a Supreme Court ruling in December of 1978, known as the Marquette Bank Opinion, which permitted national banks to charge interest rates on consumer loans based on the laws of the state where the credit decisions were made.)

The alliance between South Dakota and Citibank cleared the way for Citibank to turn credit card operation that was losing money into a immensely profitable business.  And for years Citibank executives could be heard saying that “South Dakota saved Citibank.”  (Now we say that Tim Geithner and Singapore’s Sovereign Wealth Fund saved Citibank.  Are we like global, or what?)

South Dakota wanted to become the financial capital of the country, but Delaware passed similar legislation the following year and Chase, Manufacturer’s Hanover and Chemical Bank all went to Delaware, darn the luck, and ever since then, South Dakota has had to rely on roadside attractions like the Corn Palace for its notoriety.

The ability to charge interest rates that exceeded inflation rates made the credit card business quite profitable, rates started at 18% and went up from there.  But, Ronald Reagan and his Treasury Secretary Paul Volker reined in the inflationary spiral that had gripped the nation throughout the 1970s, and as a result the Federal Reserve soon lowered the rates it charged banks.

The banks, however, were both surprised and thrilled to learn that Americans just continued paying the 18% plus rates on their credit cards without saying a word about it.  Who knew?

By 1990, the number of credit cards in use more than doubled, credit card spending increased by more than five-fold, and the average household credit card balance went from $518 in 1980, to nearly $2,700, by 1990.  The cost of money was falling, and the average balances were climbing, and the banks were laughing all the way to the… no, come to think of it, that’s not all that funny a phrase, now is it?

Then came what the industry referred to as “The Big Scare”.  President George Herbert Walker Bush was at a fundraising luncheon in New York, when an aide made a last minute addition to a list of stimulus policies the president was to propose during his speech. Bush said: “I’d frankly like to see credit cards rates down.  I believe that would help stimulate the consumer and get consumer confidence moving again.”

The following day, Senator D’Amato, who had never liked the ten point spread between the prime rate and the rate credit card companies were charging customers, proposed national legislation to cap credit card interest rates at 14%, and after just 30 minutes of debate, the Senate voted 74-19 to approve the measure.

Panic swept through the banking industry, and the stock market plunged, which had the desired impact on Washington D.C.  Within days, Vice President Dan Quail, while being interviewed on television said that if the bill passed the House the President would likely veto it.

The credit card industry dodged a bullet there, but they weren’t going to be caught flat-footed again, and the computer revolution that was taking place at that time helped as well.  Instead of charging a straight up 18% on their cards, they would come up with more complex ways of charging customers, thus making it much harder for Washington politicians to target their profits when times were bad.

By using the new computing power, the credit card companies were increasingly able to track and interpret consumer behaviors, and by adding in variables like credit scores and other financial data, they no longer were stuck with offering a generic card at a generic rate, but now they could offer different rates to different customers. More attractive terms could now be used to lure in the customers a given bank wanted, while other customers, especially those who had missed a payment or two, could be gouged with exorbitant rates and fees. Predictably, profitability skyrocketed.

One of the things customers valued most was a higher credit line, and the higher the better.  And the banks started marketing the idea that the higher the credit line, the more successful and prosperous the individual, even though, upon reflection, it is a preposterous idea.  The more prosperous, it should stand to reason, the less dependent on credit, but that’s not how it came across in credit card advertising.

So, if that’s what the people wanted, that’s what they’d get: higher credit lines.

The banks very cleverly saw that one way to increase an individual’s credit line, was to decreasing the required minimum monthly payment, and this increased revenues in a couple of ways.

For one thing, by reducing the minimum monthly payment, the card holder… or let’s call him a debtor, since that’s what he is… would take longer to pay off whatever balance was left on the card, which in turn would generate more interest income for the bank.  And for another, the debtor could take on more debt for the same minimum monthly payment.

So, here we all were… we’d get a letter in the mail telling us that because we’re such a highly valued customer, such a successful individual… our minimum monthly payment had been reduced, and our credit limit raised.  We’d puff out our chests, strut around the living room a bit… oh yeah… I’m Donald-friggin-Trump over here… Citibank just raised my limit to twenty grand, and all I have to pay is a couple hundred bucks a month.  They made us feel like kings and queens, while we should have realized that all they were doing was playing us for suckers, saying “no thank you” to such offers.

Truth be told, it’s terribly embarrassing to think about it now.

Here’s the math, and watch how cool this works…

Cut the minimum monthly payment from 5% to 2% of the balance, and you can increase the credit line from $2,000 to $5,000… and still have the same $100 minimum monthly payment!  Simple math.  We allowed ourselves to be flattered into taking on greater amounts of debt, while we ignored the “grocery store math,” as my friend calls it,that was taking us down.

Two percent is today’s standard minimum monthly payment, which is a beautiful thing if your goal is to obscure the true cost of debt in order to convince your customers to dig even deeper holes.

Unquestionably, it’s a strategy that has worked very well, because average household credit card debt, which was $2,500 in 1990, is now roughly $7,500, and it shouldn’t be difficult to imagine that higher balances mean more late payments and other penalty fees, which is precisely where the credit card industry looked for its next windfall.
In fact, many banking industry executives have readily admitted that, under today’s rules and terms, when people get behind on their credit card payments it becomes harder and harder to catch up.

Another Supreme Court ruling, this one in 1996, took the lid off of the amounts that could be charged as penalty fees, and the immediately went from being in the $5 – $10 range, to being $29 or $39, and today, such fees and charges add up to more than $12 billion annually.  Banks have even been known to schedule payment dates on Sundays or on holiday weekends, just to increase the likelihood that their customers will pay late, or go over the limit.  Industry reports show that the average prime customer will incur one late fee a year; the average sub-prime customer will pay two and a half.

But, going over your limit, or incurring a late fee, even with another lender, means more than just paying one fee.  The banks also will increase your interest rate, saying that such behavior places you in a higher risk category.  And some customers report interest rates being increased five-fold after making just one late payment.

The plot thickens…

Harvard professor, consumer advocate and bankruptcy expert, Elizabeth Warren explains that bankruptcy is isn’t caused by spending sprees, it’s much more likely caused by illness, job loss, or divorce.  But, it’s credit cared debt that often tips the scales.  “They get their feet tangled up in those high interest rates, and they just get sunk,” explains Warren.

It’s a fabulous business model… you simply give out the cards to anyone and everyone… flattering them with letters that talk about them as being such good customers, so credit worthy, so successful… then you get their balance up by reducing the minimum monthly payment required… then you just wait for a life event, like a job loss, a divorce, an illness… and WHAM!  Interest rates jump up, late fees and shoveled on… and it’s Fat City!  Ka-ching… it’s bonus time!

Then when someone really gets in trouble people get to sit around and criticize them for getting too far in debt.  But I was a Gold Debtor… doesn’t that count for anything?  No, now you’re a lead deadbeat… shame on you… what were you thinking?  Puppies… I was thinking about puppies… what happened to the puppies and the babies… what about my membership and its privileges?  That’s 39% of $7,500… plus late fees and over limit fees… is this a great country or what?

I have an idea… later let’s go down to the hospital and laugh at the people dying of lung cancer!  Fun!

So, credit cards were here to stay.  They started to take hold of our lives in the early to mid-1980s, and the never let go.  But, they couldn’t have done it alone… they needed one more thing to help them along… securitization.

The year that credit card debt was first securitized was 1986…

Securitization is about creating debt securities, called bonds, whose payments of principal and interest come from the cash flows that are generated by separate pools of assets… called loans. Just like we now should understand how banks securitized home loans, credit card companies are able to use the securitization process to attract more capital, provide more credit, and manage their balance sheets by selling off the debt for cash that can be lent out again.

In 1970, securitization was nonexistent.  Securitization didn’t take place earlier because of legal and regulatory barriers that had been changed by 1986.  In fact, much of the growth of Wall Street’s investment banks, and the salaries of Wall Street’s bankers, has had nothing to do with the stock market… it’s been the result of the enormous profits made possible by securitization and the bond market.

Securitization was and is like turning lead into gold… even our government couldn’t help but get in on the act…

~~~

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Jan
24

$160 Million to DEFEND Fannie & Freddie? Now, if I could only find that damn rabbit hole I must have slid down…

From Insult to Injury… and then back to Insult once again… followed by more Injury… but then returning to Insult… only to be tossed right back into Injury… before heading straight for Insult…

Gretchen Morgenson of The New York Times has reported that taxpayers have paid $160 million SO FAR in legal fees to DEFEND the top executives at Fannie Mae and Freddie Mac, and the long-since-bankrupt mortgage giants themselves since the government nationalized them… no, that’s not right… since the government placed them in “conservatorship,” yeah, that’s it… in September of 2008.

Now, don’t get confused here… we’re not talking about the $150 BILLION that taxpayers have paid since the government took them over in September of 2008 to bail out the two towering tributes to incomprehensible avarice, lethargy, and incompetence.  Looking at these two organizations, now referred to as the “GOEs,” for Government Owned Enterprises, is like watching all seven deadly sins being committed at once.

So, we the taxpayers have spent $160 Million DEFENDING them?  Defending them?  Gretchen… I think you must have a typo there, right?  Shouldn’t the question be, how much are we spending to PROSECUTE them?  I mean, if the government is paying to defend them, who pays to PROSECUTE them?

Oh no, I think I know the answer to that question… allow me to venture a guess… WE DO?  We the taxpayers pay to both DEFEND AND PROSECUTE them?  And as it says in Gretchen’s story:

“The legal payments show no sign of abating.”

Of course they don’t… we’re paying both sides of them.

Oh, well then… very good then.  All I can think to say to that is that I sure hope our lawyers kick our ass in court!

The thing about the Times story, in my mind anyway, was not just how much we’re spending to defend these white collar criminals… no, what gave me pause was that in the very first paragraph of the story it said:

“The cost was a closely guarded secret until last week, when the companies and their regulator produced an accounting at the request of Congress.”


Now, the FHFA… or Federal Housing Finance Administration… is the conservator for the two GOEs now, so how could anything be a “secret,” let alone a “closely guarded” one?  I mean… hang on… what does “federal” mean anyway?  Is it like the federal in “Federal Express,” or does the first ‘F’ in FHFA actually mean the agency is part of the federal government?

And get this… in 2006, the Office of Federal Housing Enterprise Oversight… or, I suppose the wonky acronym would be OFHEO… sued the three top executives at Fannie…

“… accusing Fannie’s top executives of taking actions to manipulate profits and generate $115 million in improper bonuses.”

And Mr. Raines, who ran Fannie Mae for some years and resigned in December of 2004, without admitting any guilt, it should go without saying, actually paid back $24.7 million to settle the suit.  He paid $24.7 million?  He wrote a check for almost $25 million bucks?  And now WE THE TAXPAYERS are paying to DEFEND him… because we’re also paying to PROSECUTE him?

And why in the world would a guy who ran a government agency… GSE… even have $25 million… because then one day he was shooting at some food and up through the ground came a bubbling crude?  How much do you have to pay a guy to run a mortgage company who only says “YES” all the time?

Oh well… I guess when it Raines, it pours… LMAO… I’m funny…

Look, I don’t know all that much about mortgages, but I’m here to say that I’m absolutely certain that I could have run Fannie Mae into the ground for a lot less than Raines needed to do it… I could have killed that company for no more than a trill… swear to God, I could.  Just in case another opportunity like that comes up… throw my name into the hat, would you please?  Tell you what… I could have probably bankrupted Fannie for no more than half a trill, how’s that… would that be something the country might be interested in at some point, because I’m a patriot and if I could help save the country that kind of money, I’d be more than happy to… really.  And I wouldn’t even need my own plane… I’d do it and fly commercial… there, I said it.

And then the Times story went on to say:

“If the former executives are found liable, they would be obligated to repay the government. But lawyers familiar with such disputes said it would be difficult to get individuals to repay sums as large as these. Lawyers for Mr. Raines, for example, have received almost $38 million so far, while Ms. Spencer’s bills exceed $31 million.

These individuals could bring further litigation to avoid repaying this money, legal specialists said.”

Oh yeah, and who would pay those legal bills… the ones to go after us so that the executives wouldn’t have to repay us for having paid for defending them against us… I think.  And would that be Us paying those legal fees too?

STOP IT, DAMN IT… STOP IT… YOU’RE HURTING ME!

And in closing, the Times story quoted Mr. Edward DeMarco, who is the acting director of the FHFA, saying:

“I understand the frustration regarding the advancement of certain legal fees associated with ongoing litigation involving Fannie Mae and certain former employees.”


Well, that’s clearly not true.  I don’t think he understands that frustration at all, do you?  He approved paying out $160 million to defend the indefensible and then kept it a closely guarded secret until Congress forced him to disclose the amounts?  And he understands the frustration?

Oh no he doesn’t.

Mandelman out.


~~~

But what about this?  Now, if I could only find that damn rabbit hole I must have slid down…

Legal Aid for Homeowners: Perhaps the only thing on the planet for which TARP funds CANNOT be used.

Dec
14

The Fraud, The Lies, The Utter Madness of this all….how did we all get so dumb?

I just don’t think we can get out of this mess without major chaos…the depths and magnitude of the problems just run too deep and the cons, the lies, the corruption and incompetence are far too pervasive.  The following is not mine….I plagiarized every single word…but the fact that very smart people are now saying the kinds of things that me and a few isolated nut jobs have been screaming about for years is what is really scary….

Get ready for more backroom deals made by the Fed and Treasury to rescue firms like Bank of America. If you loved the first three rounds of this financial crisis, you will love the next six rounds as markets pummel Wall Street banks, with Uncle Sam as referee applying the smelling salts to revive it for yet another round (whilst its CEOs skim more billions off the top in compensation). Ultimately, it will not work. Wall Street will go down for the count — but probably not until it drags Main Street through a great depression that your great grandkids will study in the history books. And, by the way, they will laugh at the misguided efforts of the thoroughly compromised one-term Obama administration that focused its efforts at budget-balancing in the face of the worst headwinds America had ever seen.

If all that is true, then the destruction of documents and the creation of falsified documents by “Burger King” robo-signers was not planned back in 1999. But it is still go-to-jail fraud. And the big banks are still on the hook for hundreds of billions — maybe trillions — of dollars. In other words, it is still a big problem.

READ FULL ESSAY HERE

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Nov
20

Whose At Fault For Foreclosure Delays? The Servicers!

naked-capitalismA long, long time ago the general public perceived only one real class of wrongdoers in the foreclosure wars—the defaulted borrower.  That was last month.

Due to the antiseptic properties of reporting and the attention the foreclosure wars have now received by our press, the general public and policy makers now understand that borrowers who have not paid their payments are only one piece of the puzzle and that there are many other actors in the national tragedy called the Foreclosure Wars.

In my experience, the vast majority of borrowers would have been making payments all along if they had only been dealt with fairly and honestly by the servicer.  The layer upon layer of mis-communication, incompetence and sometimes outright fraud that borrowers are subjected to has exacerbated the problem on a national scale.

And all the while playing underneath the surface are undercurrents of perverse financial incentives that prevent honest, hardworking Americans from negotiating fairly with the Wizards that hold the keys to their homes and with those keys, the key to their economic, emotional and psychological security.  In the trenches of these battles, we understand that we’re often fighting against forces that have interests that are opposed to keeping Americans in their homes….and now the rest of the world is learning this disturbing fact…..

Naked Capitalism

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Oct
25

The First Meaningful Statement By Govt Official About Fraudclosuregate

FDIC-foreclosuresThe Federal Deposit Insurance Corporation (FDIC) is yet another branch of our government that is on the hook for trillions of dollars in the failed orgy of corruption, incompetence and greed that has become our American system of property ownership.  Our leaders are doing their best to keep the lid on this crisis, but it truly is a crisis of epic proportions that will not go away.  Here is the first real recognition of this reality from a high ranking federal official:

The Robo-Signing Controversy and the Need to Modify Mortgages

The latest controversy over securitization relates to concerns that legal documents required for foreclosure have in some cases been improperly exercised – or “robo-signed” – by mortgage servicers. We are working closely with our fellow regulators to get to the bottom of this problem. Our initial review suggests that FDIC supervised non-member state banks have limited exposure to the robo-signing situation, but we continue to work on this issue with the regulators of other insured institutions through our backup examination authority.

In addition, we are in contact with investors who have purchased failed bank assets from the FDIC – both our loss-share partners and structured transaction managers – to verify that their foreclosure claims are compliant with the law. We have made clear that losses associated with improperly executed foreclosures will not be eligible for loss-share arrangements until problems are appropriately remediated.

In retrospect, there were warning signs that servicing standards were eroding. Those signs should have caused market participants and regulators alike to question current practices. For example, servicing fees declined significantly over the past several years. We should have been asking how servicers were able to achieve such efficiencies without sacrificing quality. Sadly, those types of questions were not asked.

As regulators embark on changes to our supervisory programs, we need to get back to basics and spend more time understanding and – where necessary – questioning the business models that drive the earnings and create the risks present in the banking system. The robo-signing controversy underscores just how time-consuming and expensive foreclosure really is for all parties concerned.

As I have repeatedly said, foreclosure should be a last resort, undertaken only where bona fide loan restructuring efforts have not succeeded and all legal and procedural requirements have been fulfilled. At the same time, I fear that the litigation generated by this issue could ultimately be very damaging to our housing markets if it ends up unduly prolonging those foreclosures that are necessary and justified.

The regrettable truth is that many of the properties currently in the foreclosure process are either vacant or occupied by borrowers who simply cannot make even a significantly reduced payment and have been in arrears for an extended time. Ultimately, this problem will require some type of global solution. And in developing that solution, I would suggest that all interested parties consider some type of “triage” on foreclosures, perhaps providing safe-harbor relief if the property is vacant or if the servicer offered a meaningful payment reduction – say a minimum of 25 percent – and the borrower could still not perform on the loan.

We know from experience that reducing the monthly payment through modification raises the chance that the borrower will make good on the loan. We also know that in too many instances, servicers have not made meaningful efforts to restructure loans for borrowers who have documented that they are in economic distress. Our research, based on loans modified by the FDIC at Indy Mac, shows that raising the size of the payment reduction from 10 percent to 40 percent or more can cut redefault rates by half.

Given foreclosure backlogs and bloated housing inventories, timely and meaningful loan restructuring efforts make economic sense now more than ever. Unfortunately, those efforts have been impeded by overly complicated processes and insufficient servicing staff.

In a larger sense, the robo-signing controversy is just another indication of the need to improve institutional practices all along the chain of securitization — from origination, to securities underwriting, to servicing. The misaligned incentives that have been built into the securitization process have left back-office operations far too weak to support a robust system of mortgage finance.

If we want to rebuild housing finance into a more solid foundation for our economic future, we will need to act decisively to fix the underlying problems that led to the current crisis.

Read the Full Speech Here

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Aug
17

Bankruptcy Judges & DOJ Rip Mortgage Companies

Below is another story about Servicer abuses… At least some judges see the issues and are not allowing personal viewpoints or prejudices to cloud their assessment of how terrible the situation is for a homeowner in mortgage hardship or distress.

The servicers are also the main players in the massive foreclosure fraud that is occurring around this country.

One would think that at some point, the legal system is going to stop the train of abuses justice suffers because of the systemic fraud that is committed by servicers trying to foreclose on homes they have no financial stake in.

Bankruptcy Judges & DOJ Rip Mortgage Companies

by Karen Weise, ProPublica

“Systemic abuse.” “Extraordinary incompetence.” “Reckless.”  In a growing body of legal cases, judges and the Justice Department are breaking from legal jargon to starkly chastise mortgage companies.

As mortgage delinquencies rise, more and more homeowners are learning the central role that mortgage servicers play in their lives. The legal cases show that role can be distressing. Judges have found that major mortgages servicers regularly mess up basic accounting, improperly credit payments and charge unwarranted fees. They’ve “not done a very good job of keeping the records,” said Judge Samuel Bufford of California.

Mortgage servicers — typically either bank subsidiaries or independent companies — handle the day-to-day work with homeowners, ranging from collecting monthly payments to determining when to modify or foreclose. Problems with servicing often, but not always, occur once homeowners start having trouble making payments.

Complaints to the government about mortgage servicers have soared in recent years. They’ve risen from 31 percent of the complaints that the Department of Housing and Urban Development received in 2006 to 78 percent in 2008, according to HUD spokesman Lemar Wooley.

Problems Exposed in Bankruptcies

Many homeowners in bankruptcy have legal representation and must settle claims with servicers. As a result, the process has revealed and documented a slew of servicer problems.

In many rulings, judges have shown frustration and even outrage. They’ve ruled that servicers have attempted to collect unjustified fees, charged homeowners for unnecessary insurance, failed to properly credit homeowners’ payments and failed to provide evidence to back up fee requests. In most cases, judges demand that servicers fix the problems and unwind the unjustified fees; sometimes, judges award damages and attorneys’ fees.  In one extraordinary case, a judge issued $750,000 in emotional and punitive damages. (We’ve compiled five sample cases and rulings for you to see here.)

The Moffits with their grandchildren.

Take the case of Donald and Phyllis Moffitt of Arkansas.  In June 2008, bankruptcy Judge Audrey Evans issued a restraining order against America’s Servicing Company, a division of Wells Fargo, saying it  must stop attempting to collect payments that the Moffitts did not owe.  In a 41-page ruling (PDF), the judge wrote:

“The evidence supports the premise that ASC’s servicing procedures, as exemplified by the Moffitts’ account, are not organized to assure accuracy and accountability. … ASC misapplied these payments, failed to record the correct information even though Mrs. Moffitt constantly called and talked to ASC’s agents, failed to follow her written instructions, failed to communicate with the Moffitts, sent mortgage statements that were incomprehensible and frightening, began collection calls, and engaged in a litany of mismanagement of the Moffitts’ loan.”

Wells Fargo did not respond to a call for comment.

A 2007 study looked at a majority of Chapter 13 bankruptcy filings in 2006 and found that in 70 percent of the cases studied, mortgage companies claimed homeowners owed an average of $6,309 more on their loans than homeowners believed.

Problems with servicing are not limited to families filing for bankruptcy, Katherine Porter, an author of the study and an associate professor at the University of Iowa’s law school, testified before Congress last year. She said servicers commonly foreclose when they do not have the legal right to do so, impose unwarranted or illegal fees, and miscalculate how much families owe.

In several instances, judges have taken broad action to address persistent problems with a servicer. This May, Judge Elizabeth Magner in Louisiana said her review of multiple cases involving Ocwen Loan Servicing had shown the servicer regularly acted in “bad faith.” The judge said Ocwen had charged improper fees and attempted to collect bankruptcy-related fees after the court closed a case. In one of the cases, Ocwen took 10 months to provide a full accounting of fees.

The judge wrote that Ocwen’s “systematic abuse” required more than monetary sanctions, which had not stopped the behavior in the past, so Magner issued an order (PDF) forcing Ocwen to follow specific accounting procedures.  (We’ve noted before that Ocwen’s servicing procedures have raised eyebrows in the past).  Ocwen’s general counsel, Paul Koches, said the company disagrees with the ruling and is pursuing an appeal in U.S. District Court.

Justice Department Takes Action

The Justice Department’s United States Trustee Program is a watchdog over the bankruptcy process. Its 21 regional offices oversee more than 1,300 private trustees who mediate between debtors and creditors in individual bankruptcy cases.

The Trustee Program’s annual report said combating servicer abuse (PDF) was a top priority last year. The program initiated 68 actions (PDF) against what it calls “systemic abuse” by mortgage servicers, including 25 large servicers such as Countrywide, HSBC and JPMorgan Chase, according to public documents (PDF) and speeches (PDF).  The Trustee Program has sued Countrywide in at least six states.

Countrywide, now owned by Bank of America, is the largest participant in the federal Making Home Affordable program to modify troubled mortgages. A recent analysis by the Associated Press found that at least 30 of the 38 mortgage companies that have signed up for the program have been sued over their servicing practices.

In response to one U.S. trustee’s suit in Ohio, Judge Marilyn Shea-Stonum ruled in May (PDF) that Countrywide had charged fees with “no factual basis” and wrote: “Countrywide’s system is reckless. It appears to me designed to allow each actor in the process to act with indifference to the truth, and to rely solely on the limited information made available at each step. … [The errors in this case] evidence Countrywide’s disregard for diligence and accuracy.”

The judge is currently determining monetary and other sanctions.  Countrywide spokeswoman Shirley Norton said, “We are reviewing the ruling and considering our options.”

Private trustees have sued servicers as well. Debra Miller, a private trustee in Indiana, has been active in litigation where servicers haven’t complied with federal regulations. Typically, she said, private trustees try to obtain settlements that are more about changing practices than monetary compensation.  “Our job is to force mortgage companies to improve their systems,” she said.

Both the Justice Department and private trustees have stepped in to fill what they see as a regulatory void covering mortgage servicers, according to Andrea Celli, a private trustee in upstate New York.

Future Oversight Under Debate

Currently, a hodgepodge of agencies oversees mortgage servicing. HUD, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the Office of Thrift Supervision, the Federal Trade Commission and the Federal Reserve all have partial authority.

Concern over mortgage servicing was part of the early discussions about the proposed new Consumer Financial Protection Agency, according to Eric Stein, the Treasury Department’s deputy assistant secretary for consumer protection.  The CFPA, as proposed by the Obama administration, would be the primary watchdog for servicer abuses.

Servicers are resisting the new consumer agency. Paul Leonard, a lobbyist for the Financial Services Roundtable, said his organization’s members believe that there should be better coordination among regulators and that existing agencies can handle the responsibility.

Tara Twomey, a lecturer at Standford Law School who co-authored the large study of bankruptcy cases, says that more regulation would help, but it would only be a “Band-Aid.”  “The more fundamental problem is one of market structure,” she said. “Borrowers don’t get to choose their servicer.”