Nov
18

Bill Beckmann MERS CEO | “Beau Biden is wrong on MERS lawsuit”

Beau Biden is wrong on MERS lawsuit The MERS System has been an efficient way to register the majority of home mortgage loans in America for more than a decade. The press and politicians paid little attention because the MERS System works. It works for lenders and for homeowners. The MERS System helps to eliminate … Read more Related posts:
  1. Interview | Tough Questions for New CEO Bill Beckmann at Embattled MERS
  2. Rachel Maddow | Beau Biden on MERS and Accountability of Mortgage Malfeasance
  3. MERSCORP Names Bill Beckmann, Formerly of CitiMortgage, New President & CEO
Nov
15

2004 GAO Report | Federal and State Agencies Face Challenges in Combating Predatory Lending

Executive Summary Purpose Each year, millions of American consumers take out mortgage loans through mortgage brokers or lenders to purchase homes or refinance existing mortgage loans. While the majority of these transactions are legitimate and ultimately benefit borrowers, some have been found to be “predatory”—that is, to contain terms and conditions that ultimately harm borrowers. … Read more Related posts:
  1. Subprime Standardization: How Rating Agencies Allow Predatory Lending to Flourish in the Secondary Mortgage Market
  2. 2004 Report on Predatory Lending & Servicing Practices & Their Effect on Corporate Compliance, Conduct, Ethics & Accounting
  3. Predatory Grizzly “Bear” Attacks Innocent, Elderly, Poor, Minorities, Disabled & Disadvantaged With Predatory Lending Scams & Frauds!
Nov
11

Citizen Researchers Please Help Write This Article Why Investors, Homeowners and the Economy Benefit From Principal Write-downs

CITIZEN RESEARCHERS: PLEASE HELP WRITE THIS ARTICLE WHY INVESTORS, HOMEOWNERS AND THE ECONOMY BENEFIT FROM PRINCIPAL WRITE-DOWNS Principal write-downs have been condemned as morally hazardous. Failure to include such write-downs may well sink any chances of an economic recovery. To demonstrate the value of write-downs, this research documents the history of homes now on the … Read more Related posts:
  1. Fraudclosure | Bondi: Don’t Cut Homeowners’ Mortgage Principal
  2. Principal reduction plan for struggling homeowners could be part of settlement between lenders and states
  3. Daily Finance | Will Homeowners Benefit from Mortgage Mess Settlement?
Nov
07

JOE NOCERA | To Fix Housing, See the Data

To Fix Housing, See the Data In Miami recently, I met up with Laurie Goodman, a senior managing director of Amherst Securities. I’d been trying to meet her ever since I’d read an article that she had written in March entitled “The Case for Principal Reductions.” But our schedules never seemed to mesh. So when … Read more Related posts:
  1. Principal reduction plan for struggling homeowners could be part of settlement between lenders and states
  2. Second Chances Subprime Mortgage Modification and Re-Default
  3. Karl Rove on Robo-signing, Fraudclosures and a Bank Settlement, “Justice and the state attorneys general are demanding $20 billion for sloppiness”
Nov
04

FHFA Director Praises Principal Paydown Plan for Undersecured Mortgages

FHFA Director Praises Principal Paydown Plan as “Promising” and “Credible” Pledges to Provide Members an Assessment in Two Weeks Washington, DC (Oct. 26, 2011)—During a meeting today with 19 Members of Congress, Edward DeMarco, the Acting Director of the Federal Housing Finance Agency (FHFA), praised a principal reduction proposal by Rep. Zoe Lofgren and pledged … Read more Related posts:
  1. Principal reduction plan for struggling homeowners could be part of settlement between lenders and states
  2. Fannie BofA Probe | Letter From Rep Issa to FHFA Director DeMarco
  3. Official Press Release | FHFA, Fannie Mae and Freddie Mac Announce HARP Changes to Reach More Borrowers
Oct
27

California Members of Congress Call for “Justice for Homeowners” in Settlement with Mortgage Servicers

California Members of Congress call for “justice for homeowners” in settlement with mortgage servicers Lawmakers object to “get-out-of-jail free card” for large Wall Street banks WASHINGTON, DC – Citing reports that a settlement with Wall Street’s largest banks could mean only $25 billion in relief to homeowners, U.S. Rep. George Miller (D-Martinez) and more than … Read more Related posts:
  1. Kamala Harris | California Breaks from 50-State Probe into Mortgage Fraudclosures
  2. Principal reduction plan for struggling homeowners could be part of settlement between lenders and states
  3. Florida AG Pam Bondi Interested in Alternative Settlement with Banks that Does NOT Require Servicers to Pay Fines
Oct
25

William Black will be in Zucotti Park Today Oct 25th Talking with Members of #OWS Movement

Time Tuesday, October 25 · 5:00pm – 8:00pm Location zucotti park Created By New Economic Perspectives More Info William Black will be in Zucotti Park tomorrow talking with members of OWS movement. He will lead an open forum / teach-in @ 5 pm, but will be around throughout the day doing interviews and having conversations. … Read more Related posts:
  1. #OccupyPalmBeach Joins #OccupyLakeWorth FL | Saturday Oct 8th Bryant Park Stage located on Lake Ave between Lakeside Dr and the Bridge
  2. WaPo: Lenders may have foreclosed on hundreds of homeowners in Prince William County, Manassas and Manassas Park using unreliable, “robo-signed” document
  3. William Black: #OccupyWallStreet A Counter to White-Collar Fraud (VIDEO)
Oct
24

Assembly Bill No. 284 | Potential Felony Charges Make Servicers (aka Illegal Debt Collectors) Pause Nevada Fraudclosures

Potential felony charges make servicers pause Nevada foreclosures Many mortgage servicers stopped initiating foreclosures in Nevada because of a new law, which carried threats of criminal penalties for faulty filings. Assembly Bill 284 took effect Oct. 1, making it a felony if a mortgage servicer or trustee made false representations concerning a title. There also … Read more Related posts:
  1. Nevada Attorney General Catherine Cortez Masto Expected to File Criminal Charges Against Bank and Title Company Employees, as well as Notary Publics, Over Robosigning
  2. KABOOM | A Lawsuit That Dirty Debt Collectors Should Be Worried About
  3. A New Foreclosure Tactic – Lenders / Debt Collectors Holding Second Mortgages Freeze Bank Accounts
Oct
20

Recasting A Mortgage – What Is It and Why Is It Done?

Article by Peter Harper

A mortgage recast is more like mortgage modification but it mainly involves re-amortization of your home loan. The need for mortgage recast in general comes up in case of three situations. One is when you would want to pay down the principal and get the home loan amortized. The second situation is when a homeowner is in financial hardship and thus may want to extend the term of the home loan. Another situation is when negative amortization happens on a home loan, recast is done.

Why is recasting on mortgage done?

Mortgage recasting is done in order to lower the monthly payment on your mortgage. Thus, it is more like mortgage modification as the loan term gets changed and the payment on the mortgage is reduced. Through mortgage recasting the cost and the hassles of refinancing your mortgage gets reduced. There are many such lenders who offer the homeowners the chance which can help them in to lowering their monthly payments through recasting or re-amortization.

Amortization is when the payments against the mortgage are made and when the loan amount reduces as a result of this. Thus, negative amortization is just the opposite of this where the loan amount grows as a result of less than minimum payments made by the borrower.

The amortized loan lowers the fixed amount of money that you are required to pay each month against the home loan so that at the end of the mortgage, the principal amount gets paid off. Thus, you can use a mortgage calculator in order to understand fully the amortization schedule which shows as to how the monthly payments are broken down into the payment towards the interest and the payment against the principal amount borrowed.

Typically the homeowners do not recast the home mortgage under a situation where they make additional payments against the principal. Rather the loan gets foreshortened and this is because additional payments towards the principal reduce the outstanding balance of the loan, along with the expense on the monthly interest. In this case as the monthly payment do not change, so the loan gets paid off faster.

However, sometimes the main idea of the homeowners, in making the additional principal payments is not mainly to reduce the loan but to lower the monthly payments on the mortgage. In such a situation the home loan is required to be recast. The lender in case of recast is required to base the payments against the home loan as per the new term, thereby the lower balance of the loan and also the remaining home loan term.

But again, not all of the mortgage lenders may offer their customers the provision to recast the home mortgage. The main lenders in many cases sell off the loans and these get originated to investors. The investors in general are not much interested in providing this level of provisions and flexibility to the borrowers and so these home loans may not have the recast option. However, it is always better to talk to your lender about the mortgage recast and if you can get such a provision.

Other than this in case of the negative amortization loans or also as known as the pick and pay loan, you may be able to recast the loan. Though these loans offer you various advantage and various low payment options, this is quite a troublesome kind of loan. This is because the loan amount grows and at a point of time it becomes really tough for you to make the payments against the home loan. So, in such cases the loans can be recast and in this case the loan payments grow higher in order to lower the principal amount which you had borrowed.

Oct
11

Kick Em Out | Gov. Scott’s Plan to Speed Fraudclosure Process Draws Mixed Reactions

Gov. Scott’s plan to speed foreclosure process draws mixed reactions DAYTONA BEACH — Gov. Rick Scott wants to improve the state’s housing market by removing the courts from the foreclosure process, a move supporters say will help prevent long delays. Critics say removing the courts from the process would give too much power to lenders … Read more Related posts:
  1. ALERT – Florida Banksters Move to Dramatically Speed Up the Foreclosure Process by Changing FL to a NON JUDICIAL STATE
  2. Banksters | Floridians Facing Foreclosure Should Lose their Homes Faster Under Plan Making its Rounds
  3. Gov Scott Open to Taking Courts Out of Foreclosure Process
Oct
10

Our Guide to Obama’s Floundering Foreclosure Programs

Our Guide to Obama’s Floundering Foreclosure Programs by Lois Beckett ProPublica More than 6 million Americans are behind on their mortgage payments or facing foreclosure [1]. Housing prices have continued to drop [2], and many neighborhoods across the U.S. are filled with foreclosed homes [3]. What exactly has the administration done in the face of … Read more Related posts:
  1. Letter | Merkley Urges Obama to Include Mortgage Help, Energy Efficiency Programs in Jobs Agenda
  2. HAMP – Treasury Department’s Mortgage Modification Programs – A Failure Prolonging the Economic Crisis
  3. An August Surprise from Obama? Rumors – Administration is About to Order Government-Controlled Lenders Fannie Mae and Freddie Mac to Forgive Portion of Mortgage Debt
Oct
10

Law Firms Descend on Florida to Take Over Fraudclosure Business

Law Firms Descend on Florida to Take Over Foreclosure Business The new law firms are being handed 3,500 to 5,000 transfer files at $1,200 to $1,400 per file, according to a legal headhunter Law firms from throughout the country have opened offices in Florida to capture foreclosure business abandoned by the Law Offices of David … Read more Related posts:
  1. Foreclosure Fraud – New Lawyers Face Probes, Pop Up at Other Firms
  2. McCalla Raymer Expands Foreclosure “Services” to Florida
  3. Florida – Lenders, Servicers Scramble to Shift Foreclosure Cases to New Firms
Oct
05

Principal reduction plan for struggling homeowners could be part of settlement between lenders and states

Today, Bondi wouldn’t comment on California dropping out of negotiations except to say that she has no plans to follow suit. “It’s a bi-partisan effort because we want to get every penny back for our state that we can,” Bondi said. ~ Yea, the state… What about the PEOPLE of the state? Oh, and Lisa … Read more
Oct
03

William Black | Lenders Put the Lies in Liar’s Loans and Bear the Principal Moral Culpability

Lenders Put the Lies in Liar’s Loans and Bear the Principal Moral Culpability By William K. Black A reader has asked several important questions about liar’s loans that are critical to understanding the causes of the ongoing U.S. crisis. By 2006, half of all loans called “subprime” were also liar’s loans. Roughly one-third of all … Read more
Oct
03

Former Sub-Prime Lenders Are Back to Profit Off of the Housing Meltdown. Seriously?

Warning: People with heart problems, pregnant women, and those with fully developed adult brains and a modicum of common sense are hereby warned that this article may cause high levels of stress and lead to serious mental and emotional problems that can lead one to feelings of despair that may last for extended periods of time and result in the inability to think rationally.


If you were thinking that the top executives at Countrywide, once the nation’s largest mortgage lender and the company that never saw a borrower they couldn’t qualify, had fallen from grace… think again. They’re back with a vengeance and they’re positioning themselves to make a bundle off the housing meltdown. Yes, you read that correctly. Breathe… breathe…

Apparently, they were not quite satisfied with the hundreds of millions they stole… I mean made, so they’ve launched a company that will buy distressed mortgages from banks and the government at a discount, modify the loans so that the borrowers can afford them and then pocket the profits from reselling them.

Want me to go over that again?


The company’s name is PennyMac Mortgage Investment Trust. It’s located in Countrywide’s hometown of Calabasas, California. PennyMac filed papers in late May for a $750 million initial public offering on Wall Street. The company’s founder and CEO is Stanford Kurland, a 27-year veteran of Countrywide. Kurland was Countrywide’s Chief Operating Officer, President, and the heir-apparent to CEO Angelo Mozilo who was recently indicted by the Securities and Exchange Commission (‘”SEC”) on charges of insider trading, among other things. Kurland left Countrywide in 2006, just a few days after cashing in $130 million worth of Countrywide stock. As a matter of fact, eleven of PennyMac’s 14 officers hail from Countrywide. I tried calling PennyMac for an interview or comment, but they said that they had to decline because they are in the quiet period that precedes an initial public offering, as mandated by the (“SEC”).

Want me to go over that again? How are you feeling? You okay? Sure? Alright I’ll go on…

It seems that many in the media have expressed concerns that what the ex-Countrywide execs are doing wouldn’t sit well with many Americans, but frankly I don’t see the problem. What’s the big deal? Hell, I think President Obama should just go ahead and give them the $750 million now… oh wait… actually, when you take into consideration the leverage and the credit default swaps, and the CDOs… let’s call it an even $20 billion and write the damn check right now.

Don’t laugh… I’m not kidding… I’m dead serious here… write the damn check Barack. Write it and sign the Gosh darn check on television, just like you do when you sign a bill that’s becoming the law of the land. Don’t screw around with this. If this is what we’re going to do in this country, then let’s do it publicly and with fan fare. If I’m going to get raped, I want a marching band, you slithering spineless sycophants.

How’s everybody doing? Want to take a little break? Get some air? No? Okay then…


In case you’ve been incarcerated in a foreign land, Countrywide sold itself to Bank of America in January of 2008, but they were back in the news last week because Mozilo, along with the former CFO and former COO, a successor of Kurland by the way, were charged with civil fraud. But they all deny the charges, so it’s probably nothing, and none of the three is involved with PennyMac… you know… depending on your definition of “involved”.

Basically, the architects of the sub-prime lending that caused the greatest financial crisis in the history of mankind, are now going to profit from the crisis they caused by buying and selling the very sub-prime loans they couldn’t sell before, using money raised from selling shares of stock to the public.

Want me to go over that again? Yes? Well, F#@k off.

New York Times columnist Gail Collins wrote: “It’s like Jeffrey Dahmer selling body parts to a clinic.”

Now isn’t that ridiculous? Dahmer selling body parts to a clinic? It’s nothing like that. That would just be gross. This is more like the Nazis committing the atrocities of the Holocaust… twice in a row. The second time with the permission of the world. And then making money selling the body parts to a clinic.

Maybe I should stop. No? Are you sure? Look, I’m just saying… No? Okay… Don’t say I didn’t warn you…

PennyMac’s business model is based on keeping people in their homes, so some consumer advocates offered compliments… and then they bowed past the knee and left the room without turning their backs on America’s royalty. The Times reported that “most banks and investors who own mortgages still seem to find foreclosure preferable to so-called workout solutions, and homeowners continue to report that their pleas for loan modifications fall on deaf ears.” So, PennyMac’s approach will actually benefit struggling homeowners. See, it’s a good thing. Thank God for those guys from Countrywide.

Oh God, I just threw-up in my mouth a little bit. Does anyone have any water?

PennyMac plans to buy the toxic mortgages from the banks at just pennies on the dollar, because apparently the banks will sell the toxic assets to them at pennies on the dollar. Paulson, however, had to pay full price, if you recall. And PennyMac is only buying whole entire mortgages, not mortgages that have been sliced and diced into so many pieces and then made into securities sold to multiple investors. When asked why, in an imaginary interview with PennyMac’s CEO, he said: “What do you think? We’re stupid?”

Look, I think that’s enough… there’s no reason to… really? More? Why? Seriously?


So, PennyMac is actually one of the “good guys”. All they’re trying to do is help make mortgages affordable. Well, shave my head and call me Baldy. Why not. The banks haven’t been able to do it. Two administrations have certainly failed to-date. Here’s how the Times put it:

“That means it wants the apple-pie result of loan modifications to make mortgages affordable – something that banks haven’t pulled off, despite months of prodding from Congress and two administrations.”

And Paul Leonard, director of the California office in Oakland for the Center for Responsible Lending said:

PennyMac’s “model suggests the great promise of an aggressive modification strategy; creating win-win opportunities for borrowers and investors.”

And then he added:

“It’s hard to overlook the fact that these are Countrywide veterans who no doubt contributed to some of the sophisticated schemes to sell bad loans to borrowers and make great profits, who are now finding profitable ways of fixing those loans.”

Is it? Is it hard to overlook that one little hinky thing? I don’t know why? How about one more little thingy that might be hard for some to overlook…

PennyMac has received mega-bucks from BlackRock, the investment manager that, in “no bid” contracts, been paid some $71 million to help the government and banks dispose of toxic assets – such as the mortgages PennyMac “hopes” to buy on the cheap. They “hope” to buy on them cheap? “They hope to”? Why do I think it’s more than just a “hope”? Is “hope” a business strategy? I’ve never heard of a company going public and selling stock because they merely “hope” something will happen. Maybe I’ve just become too skeptical.

Vulture Capitalists

To be fair, PennyMac is not the only company planning to capitalize on the increasingly precipitous drop in housing prices that has created a bona fide engorgement of distressed mortgages and foreclosures. They may, however, be unique in their stated plan to modify the distressed loans in order to “help” homeowners.

The Times quoted Ryan Taylor, a principal at San Francisco’s Cirios Real Estate:

“Their ability to make money is going to be pretty impressive,” he said. “The key to making money in the distressed market is the servicing. The best way to do that is to start from scratch, and that’s what they did; they have former loan officers dealing with distressed borrowers. Servicers who were in place during the real estate boom are more like the Titanic; it takes them forever to shift directions,” so they have not been able to ramp up to do mass loan modifications.

Really? And here I keep hearing that the Obama plan was doing zillions of loan modifications for free. Who knew? So, maybe the whole private sector loan modification strategy isn’t such a bad thing after all. I guess it’s okay as long as the people doing it aren’t “scammers”. See, because it’s the Countrywide and IndyMac guys… it’s okay. Are you starting to get it now?

“They capitalized on the way up, left at the right time, and now are going to capitalize on the way down,” Taylor said. “From the business person’s perspective, you have to say, that’s pretty smart. From a moral, integrity, ethics perspective, it can be questionable.”

Yes, Richard… I suppose from a moral, ethical and integrity perspective it can be a tad “questionable”. That’s one way to put it, anyway. I might phrase it somewhat differently, but that’s just me.

Here’s perhaps the best part of PennyMac’s business plan. PennyMac is a REIT (“real estate investment trust”), which means it doesn’t have to pay federal taxes, because it will pay out its profits to its investors. Woo-hoo! All that and no taxes too? Is this a great country or what? Could it be any better?

According to PennyMac’s Wall Street filing, the new company will be a subsidiary of a company by the name of Private National Mortgage Acceptance Corp., which is owned by Kurland who founded the company a year ago. To start that company Kurland raised $584 million as of March 31, 2009, and has already spent $226 million of that bounty.

In PennyMac’s Wall Street filing we are provided with a window into the insider views of today’s market.

“We believe that there are unique, current market opportunities to acquire distressed mortgage loans and mortgage-related assets at significant discounts to their unpaid principal balances,” the company wrote. “We believe that more than $1 trillion of (residential mortgage) loans are troubled or at significant risk of default in their present state.”

Already, PennyMac has a mammoth deal under its belt. It negotiated a deal to pay the FDIC $43.2 million for $560 million in distressed home loans from the failed First National Bank of Nevada. PennyMac keeps 20-40 percent of every dollar it collects and Uncle Sam gets the rest. Such a deal.

PennyMac’s prospectus does mention that the company’s Countrywide heritage could have a drawback or two… maybe.

“There are several lawsuits pending against Countrywide and certain of its former officers,” the prospectus says, adding that there was a possibility of civil charges against Mozilo.

Gee, is that really “possible”? Why would anyone think that?

Again, from PennyMac’s prospectus:

“Certain of the officers of PennyMac who are former employees of Countrywide, including Stanford L. Kurland, our chairman and chief executive officer, who was chief operating officer of Countrywide until September 2006, have been named as defendants in lawsuits in which Countrywide and other employees and former employees of Countrywide are defendants. … We cannot assure you that existing or future, if any, investigations or litigation will not generate publicity or media attention or adversely impact the company’s ability to conduct business.”

Ah, who cares, right? We’re talking about making big bucks here. Even if Kurland ends up in jail, he’ll probably still be able to run things from inside, I would think. And I would call my Merrill Lynch broker and tell him I want in on the IPO right now, except that he’s working as a teller at a Bank of America in Des Moines.

So, listen up… here’s the play… stop making your mortgage payments so you make your mortgage as toxic an asset as possible. Then just sit back and wait for it to be bought by PennyMac for pennies on the dollar. Then they’ll modify your mortgage so you can keep your home, sell your mortgage back to the investors they bought it from and make a huge profit from the transaction… which in turn will be returned to you as a shareholder in PennyMac!

The bank won’t mind because the Treasury will make them whole on whatever money they lose on your mortgage, and they won’t have to screw around with those annoying loan modifications they hate doing and hardly ever do as a result. And as long as you keep your income under $250k a year, your taxes won’t even go up as a result! And you’ll get free health care to boot!

Hope and change, hope and change… Yahoo! Happy days are here again!

PennyMac… Penny… Oh PennyMac… I’m glad you’re coming back…

PennyMac… Penny… Oh Penny Mac… I must be smoking crack…

Come on, sing it with me…

PennyMac… Penny…. Oh PennyMac… Hubris you do not lack…

Mandelman out.

Sep
22

WaPo: Lenders may have foreclosed on hundreds of homeowners in Prince William County, Manassas and Manassas Park using unreliable, “robo-signed” document

Probing Pr. William foreclosures, group sees widespread irregularities, ‘robo-signed’ papers Lenders may have foreclosed on hundreds of homeowners in Prince William County, Manassas and Manassas Park using unreliable, “robo-signed” documents, according to a report by the group Virginians Organized for Interfaith Community Engagement. Virginia has one of the fastest foreclosure processes in the nation. And … Read more
Sep
22

Banksters | Floridians Facing Foreclosure Should Lose their Homes Faster Under Plan Making Rounds in Tallahassee

In states that already settle matters outside of the courts, homeowners are still given notice and time by lenders to settle the issue. If there is a mistake, they should be able to notify their bank and straighten out the problem, DiMarco said. But if the bank is acting irresponsibly, DiMarco added, lawyers and judges … Read more
Sep
20

Victory | Court Order Stops Foreclosure – Homeowner “We’re not trying to get a free house, We’re trying to save the house from Foreclosure Fraud”

Rick Sharga, senior vice president with RealtyTrac, a national foreclosure website, said lenders likely can simply restart the foreclosure process if they need to correct faulty paperwork. But he said the prove-you-own-the-mortgage-note issue could become serious. “If you can’t prove that I owe you money, that’s a problem,” he said. “It could throw the whole mortgage … Read more
Sep
05

Order | Washington Supreme Court to Weigh Legality of MERS Foreclosures

Washington Supreme Court to weigh legality of MERS foreclosures Washington state’s highest court is set to determine whether thousands of pending foreclosures can proceed out of court, potentially averting months of conflicting and murky rulings. The court will hear arguments over whether lenders can file foreclosures in the name of MERS, a private company that … Read more
Sep
01

Florida Bankers Work with Rep Passidomo to “Fix” Foreclosure Bill

This is from the last session in march 2011… ~ Florida House bill would waive rights of some delinquent home owners Lenders could bypass plenty of legal legwork when they foreclose on some homes, including abandoned houses, investment properties and vacation homes if a bill in the Florida House becomes law. The law would create … Read more
Aug
15

Fraudclosure | Inside Fannie Mae: Confidential Records Show how Fannie Mae Breaks the Rules

Inside Fannie Mae: Confidential records show how Fannie Mae breaks the rules Confidential records obtained by the Free Press show that Fannie Mae pressed lenders to foreclose on homeowners, even if they were negotiating for a loan modification — a violation of the government’s own rules. Those rules tell banks they “may not refer a … Read more
Aug
13

Fraudclosure | BofA’s Moynihan Said to Press Geithner on Foreclosure Agreement

A settlement among banks, state attorneys general and the Department of Justice would enable lenders to resolve delinquent loans and in turn allow the U.S. housing market to recover, Moynihan told the officials. ~ BofA’s Moynihan Said to Press Geithner on Foreclosure Agreement Aug. 12 (Bloomberg) — Bank of America Corp. Chief Executive Officer Brian … Read more
Aug
03

Palm Beach Post Editorial Board “Bondi Picks the Wrong Side” (BANKS)

“At this point, though, she has no reason to be outraged. Ms. Bondi is siding with banks in negotiations over how to settle widespread unscrupulous foreclosure practices by the nation’s largest lenders, so she doesn’t deserve the benefit of the doubt when it comes to the two lawyers.“ Bondi picks the wrong side By The … Read more
Jun
12

Fannie Responds to Hawaii’s New Foreclosure Law – Says… WE’RE OUT!

If you’ve been following the goings on in Hawaii as related to SB 651, the state’s new foreclosure law that requires servicers foreclosing non-judicially to produce chain of title documents, including assignments and endorsements prior to scheduling mandatory dispute resolution in front of a mediator, here’s a piece of news you’ll want to hear.

And, even if you haven’t been following the situation pertaining to foreclosures in Hawaii, but you’ve often wondered what the banks would do if they were forced to prove they actually own a home, or represent a trust that holds the actual note, BEFORE foreclosing… you’ll want to hear this too.

First of all, in case you don’t know any of the background here, you might want to click on this article: Governor Abercrombie Signs SB 651 – Toughest Foreclosure Bill in Nation, NOW LAW!

But for everyone else, those who know that recently Hawaii’s state legislature became the first in the nation to stand up to the banking lobby, passing the toughest foreclosure protection bill in the country, haven’t you been wondering what the banksters were going to do in response?

Well, I sure have… in fact, I’ve even been working on a document to send over there that analyzed the different potential bankster responses, and even after analyzing things and trying to find something out about their plans, I still really wasn’t at all sure.  I just could not imagine the servicers or lenders actually being able to conform to the new law’s requirements under any circumstances.

But, you see… a lot of people, when I say that, say things like… “well, I’m sure they have the proper documentation on SOME of the loans… they can’t ALL be gone.”  And I say, no they don’t.

And they say, “now how do you know that?”  And I say, because of robo-signing… robo-signing does not appear on a list of alternative actions.  If you chose robo-signing, it’s because you couldn’t think of anything else.  And because they never have the properly endorsed note in any of the high profile cases.

If they had some, we’d have seen them by now… heard about them… instead all the banksters say is that it’s an isolated incident whenever they don’t seem to have one, or the law firm didn’t produce the proper documents… stuff like that.  In the Ibanez decision in Massachusetts, they didn’t even show up with a schedule of loans…nothing.

At this point it’s at least statistically improbable  that they have them… unless they have them and they’re blank on the back, as in never endorsed to anyone, in which case the are in a vault somewhere and they’ll never show them to anyone.

And even after all that and more, some people, especially journalists, still say… “well, we’ll see.”  Many of them aren’t even bothered by the fact that pretty much all the banks were robo-signing… all of them… competitors… and they all seem to have the same problem and they all came up with the same idiotic solutions… and all at the same time… all of them… competitors… fascinating.

Well, I’d say that what I’m about to show you puts a proverbial nail in the benefit-of-the-doubt-coffin.

Here’s how I analyzed the situation in Hawaii… it seemed to me there were four options for the banksters:

  1. Conform to the new non-judicial foreclosure process.
  2. Go with the state’s judicial foreclosure process.
  3. Do nothing, stop foreclosing and hope to get the law changed next legislative session.
  4. Bring some sort of preemptory challenge to the new law in federal court.

That’s it, right?  What else could the banks do, in light of the new law?

I figured, that if I was right, they couldn’t chose #1.  They just don’t have the chain of title documents unless they forge them.  They could go with judicial foreclosure, #2, but it sure could be Florida Part Two, and that’s a real mess.  Besides, Hawaii courts could adopt the same standard the new law outlined for mediation, in which case there’d be little advantaged gained.  #3 seemed unlikely, but was a possibility nonetheless.  And #4… well, it seemed to me that banks challenging the state’s new law could be WW III.

So, I really didn’t know what the banking industry was going to do… I only knew one thing with certainty, even if everyone didn’t agree… no way would they conform to the new law governing non-judicial foreclosures.  Mediation sounded nice but if you can’t prove you own the property, you can’t satisfy the requirements of the new state law in Hawaii.

That’s what’s funny, in a way… Hawaii’s new law is only demanding that the bank follow the existing laws… nothing more.  SB 651 doesn’t impose some new law or new requirement on bankers related to foreclosure, it merely requires bankers to do what they should have done all along under the existing laws governing the transfer of real property.

And if they can’t do that because they didn’t follow the existing laws governing the transfer of real property, well… then that’s what needs to be addressed, right?  The answer isn’t to forge documents, right?  That cannot be the answer.  Covering a crime with another crime cannot be the answer, right?

Let’s say I lost my pink slip to my car and I want to sell it to you.  I can’t.  I’m going to have to go down to the DMV and follow some sort of process to get anew pink slip.  Period.  The answer isn’t for me to get on my computer and make a fake new pink slip.  If I do that, now I’m guilty of a crime.  And no judge is going to care that I was in a hurry to sell my car and say it was okay, therefore, to forge a pink slip.  I’m not a lawyer, but I’m pretty sure that what I just said is correct.

So, what’s the NEWS?  Is that what you’re wondering at this point… I’m torturing you?  Okay, sorry, I just wanted you to have the same foundation I did when I heard the NEWS.

Fannie Mae has announced that it will ONLY pursue JUDICIAL FORECLOSURES in the State of Hawaii. They will not even attempt to comply with the new law.  And why?  I know why and you should too… because they can’t… because they don’t have the properly endorsed notes and can’t produce the proper chain of title… ever.

It’s like a game of chess… they did things… Hawaii did something in response… then they make a another move… and now it’s Hawaii turn again.  And I’ll be on the phone to Hawaii in the morning… because I have an idea or two about what their next move might be.

And one more thing… let us not forget that this whole thing isn’t about the borrowers. All anyone has wanted was for the banks to modify loans in order to PREVENT PREVENTABLE FORECLOSURES, as the federal government asked them to do… as they contracted with the federal government to do… as is the right thing to do after being bailed out by the American taxpayers… and after being the people that caused the economic meltdown in the first place.

Why is it perfectly okay in the mind of the banking industry that they continue to be bailed out in various forms, but it’s not reasonable to extend the same courtesy to the American taxpayers who did the bailing.  Did the homeowners of this country cause housing prices to fall off a cliff in the course of a year?  Or did that happen because of a global credit crisis?  Because I don’t think it was the homeowners who caused the global credit crisis, was it homeowners?  Did we do that?

No… we did not.

Mandelman out.

~~~

Here’s the Fannie Mae Press Release, dated today… June 10th, 2011.

Fannie Mae on Hawaii’s New Law

Apr
22

BANKS VIOLATE SERVICEMEMBERS CIVIL RELIEF ACT, PAY $56 MILLION!

The banks have no problems…and in fact they are becoming quite adept at crushing, kicking, stomping the rights of every single American.  They don’t care, but then again why should they….YOUR TAXPAYER DOLLARS ARE BEING USED TO FUEL THEIR ARROGANT ENTERPRISE! (AND THEY’RE ONLY GETTING WORSE)

Courts, in many cases, seem content to allow the banks to slam everyday Americans, but one area that really should get the attention of every judge and every American is when they slam the rights of our men and women in Uniform.  I commit once again, and I encourage every attorney out there to do the same…..if you are an active duty member of the military, I will provide you an free consultation on any case where you feel your rights under the Servicemember’s Civil Relief Act has been violated.

Read this story to get some grasp of the magnitude and scope of the damage caused……

JPMorgan Chase & Co. (JPM), one of the lenders criticized over improper foreclosures on military families’ homes, agreed to pay $56 million to settle claims it overcharged service members on their mortgages.

JPMorgan will pay $27 million in cash to about 6,000 active-duty military personnel who were overcharged on their mortgages, cut interest rates on soldiers’ home loans and return homes that were wrongfully foreclosed upon, according to settlement terms filed in federal court in Beaufort, South Carolina.

Bloomberg

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Apr
16

Home Sold in Foreclosure, Owner Has No Idea He’s In Foreclosure and He’s In The Military!

One of the most important concepts in our entire system of justice, whether criminal or civil is the defendant has an absolute right to know he’s being sued….right?  That’s why in civil litigation we require that process servers or sheriffs file with the court an Affidavit of Service of Process swearing that they delivered a copy of the lawsuit on the defendant.

Well, we know that in Fraudclosure World, that bizarre, alternate world where the banks and their law firms don’t feel obliged to follow the rules, they are cutting corners and avoiding completing real service. They also engaged in a widespread pattern and practice of inflating service of process charges on foreclosures by producing summonses for unknown tenants and other parties then charging the defendants for not serving those unknown tenants.

But anyway, I digress.  No one cares about any of this anyway despite the fact that all of this is a direct affront to our legal system and a direct attack on all of our rights.   No one cares that millions of dollars in inflated service of process charges have been incorporated into Final Judgments of Foreclosure all across this state.  No one cares that these charges have almost certainly been passed along to the lenders and to the federal government….after all, what’s a few million dollars between friends, right?  Now Florida’s Attorney General, and presumably federal agencies, have all the information about this, but my guess is that this multi-million dollar crime spree will just be ignored.  Take that you dopey taxpayer.  Too bad consumer.  Turn your back lady justice, keep that blindfold on and focus on your silly scales….this ain’t your court system anymore, we sold it to the banks.

But wait, I didn’t even intend to rant about problems with Service of Process, I wanted to talk about situations where the homeowners had no service of process at all.  Like the story that appeared in the Tampa Tribune Here. The pleadings filed in court reflect that this defendant had no knowledge whatsoever that his home was in foreclosure and despite this, his home was sold at a public auction.  Now that’s bad enough, but it get’s worse.  Much worse.

You see there’s an important laws called the Servicemember’s Civil Relief Act .  The Act reflects the special challenges faced by the good men and women who serve our country in uniform and affords them practical protections that respect the unique demands placed on our military.  The Act is being widely ignored and our men and women are suffering.  There’s so much about Fraudclosure that people don’t care about, but this is one very important area, that we cannot let people not care about.

I will consult with any servicemember whose rights under the SCRA have been violated, and I want to make a commitment that no soldier who is in foreclosure will go unrepresented.  Please learn about the SCRA, and spread this word throughout our military communities, any soldier or family can email me directly at weidnerlaw@yahoo.com for information and advice on the rights provided under the SCRA.

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Mar
12

The “Newest” Fraudclosure Scandal- Service of Process Fraud….

fire-dog-lake-foreclosuresThe allegations and the evidence is not new, it’s like a mushroom cloud that will keep growing as more and more people understand their rights and take note of the fact that their rights have been violated.  Every defendant in a foreclosure case is entitled to have the lawsuit personally handed to them, but in far too many cases, defendants are not actually receiving the lawsuits.  Sometimes they are left on the doorstep, sometimes they receive it in the mail and in some cases, they do not receive it at all.

Title insurance companies and lenders need to be particularly concerned about these allegations because judgments based upon fraudulent service of process ARE VOID FOREVER!  That’s right, there is no statue of limitations.  There is no time limit to bring the challenge to the judgment and to invalidate the title founded upon that judgment.

Read More on Firedog Lake

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Mar
12

New Fannie/Freddie Guidelines Discourage Short Sale/Deed In Lieu

In yet another example of how the policy makers don’t get it, the latest guidelines fail to offer any real incentive for homeowners to work with lenders..

Sarasota Herald Tribune

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Mar
11

Attacking Violations of the Pooling And Servicing Agreement

The Massachusetts Ibanez decision highlighted for all of us the fact that judges are increasingly aware…and incredulous…that these big shot lenders with their $1,000 an hour lawyers would be so careless and sloppy with the documentation relating multi million dollar’s worth of assets….

US BANK v. IBANEZ, SJC 10694, MASS 1/2011

USbank-foreclosures

What is surprising about these cases is….the utter carelessness with which the plaintiff banks documented titles to their assets…

It’s just utter madness and sloppiness and arrogance.  These evil machines that are the titans of international finance were so busy shoving all of America’s money into their pockets that they didn’t bother to follow even the most basic terms of their own contracts.

That’s apparently been no real problem for them so far because courts have continued to let them slide, ignoring the fact that they have in fact ignored the basic documentation requirements of their own contracts.

But the fact that they are ignoring their own contracts should be used in our cases to attack their ability to proceed….

Affidavit-of-Professor-Ira-Bloom-for-US-Bank-v-Congress

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