Attention All Homeowners Willing to Support Our Efforts to Defeat Bill 213
Naked Capitalism | Administration and State Attorneys General Lied, Mortgage Settlement Release Described as “Broad”
Dividing the Mortgage Settlement Dollars
Details are still forthcoming about the settlement between the federal government and attorneys general and the five largest servicing banks but one interesting twist that is already emerging is how the dollars are being divvied up and distributed. The total number touted, $25 billion, includes both dollars paid in cold cash to the states, dollars paid in cold cash to wronged consumers, and "credit" for reducing principal or refinancing. The estimates I've seen suggest only $5 billion is in either of the cash categories, with the relief to any particular consumer likely to be $1,500 to $2,000. That suggests that $20 billion could be available for rewriting loan terms to help consumers.
But, the effects of the settlement are likely going to vary by state. Iowa's Attorney General, Tom Miller, who led the 50-state investigation, has described a division of Iowa's money that would look quite different from the above-described distribution. He says Iowa's slice of the total $25 billion is likely to be $40 million. Make sense to me; Iowa has a small population. But of that estimated $40 million, Iowa will get $15.3 million in cold hard cash. That is 38% of Iowa's relief coming in hard dollars to the state, whereas $5 billion of the $25 billion estimated for the nation suggests a 20% cash payout. Iowa is taking almost twice the percentage of its haul in cash as in "credit" for principal write-downs/refinancings. Then there is the issue of what the states are going to do with their cash. Attorney General Tom Miller suggests the money should go to the groups directly aiding homeowners in trouble. But other states have other ideas. Missouri's governor has proposed using at least a chunk of its money to support higher education. Read about it here, which also contains a list of the cash payment going to each state. And Ohio seems to be planning to use at least some of its cash to demolish blighted property. These variations in how much cash states get and what they'll do with it are just one reason that consumers may have to struggle to make sense of this settlement and benefit from it.
Florida Homeowners Find Little to Cheer about RE Fraudclosure Settlement w/ “Gangsters”
The Top Twelve Reasons Why You Should Hate the Mortgage Settlement – Yves Smith
Yves Smith asked that this be cross-posted and I am happy to do it.
I’m certainly not going to write about it. I haven’t even read her piece yet and I’m not sure I’m going to. But, by all means, feel free. Click link below to read the rest on Yves’ site. I can’t do what she does and respond to this stuff with thoughtful and indignant outrage.
Here’s the deal… I wrote a year ago when the whole AG/banker political circus started that I was not going to follow it, not going to write about it, and certainly not care about it. It was a colossal waste of time by childlike participants who set out to embarrass themselves and succeeded. Now everyone is upset that it didn’t turn out to be more. Why? It’s to be ignored… unless anyone feels like wagering on any of its promises, in which case, I’m your huckleberry and we should talk.
Remember how the whole thing started… AGs: We want $30 billion. Banks: No, $5 billion. AGs: okay $20 billion. Banks: No, $10 billion. AGs: $20 billion. Banks: $10 billion. 20… 10… 20… 10… 20… 10…
Like watching two 9 year olds. No math involved. Just a stupid tug of war over nothing. Might as well have set the $20 BILLION ON FIRE! That’s not a joke, I mean it… set it on fire for all the impact it will have… assuming it ever gets spent, and I’ll bet a whole bunch that unless the money is going to banks, it’s not getting spent.
Remember HAMP was to be $75 billion… then reduced to $50 billion… then reduced to $37 billion. And we spent $2.4 billion and essentially all of that went to servicers. Oh, but I’m sure the money is going to be handled very efficiently. Just watching the jockeying is enough to turn my stomach. Children… badly behaved children. And Obama you have the leadership skills of a gerbil, the instincts towards transparency of a criminal. How dare you trumpet this as a success… treat the American people like their idiots… you should be ashamed.
Sorry, it’s Yves time…
Mandelman out.
The Top Twelve Reasons Why You Should Hate the Mortgage Settlement
As readers may know by now, 49 of 50 states have agreed to join the so-called mortgage settlement, with Oklahoma the lone refusenik. Although the fine points are still being hammered out, various news outlets (New York Times, Financial Times, Wall Street Journal) have details, withDave Dayen’s overview at Firedoglake the best thus far.
The Wall Street Journal is also reporting that the SEC is about to launch some securities litigation against major banks. Since the statue of limitations has already run out on securities filings more than five years old, this means they’ll clip the banks for some of the very last (and dreckiest) deals they shoved out the door before the subprime market gave up the ghost.
The various news services are touting this pact at the biggest multi-state settlement since the tobacco deal in 1998. While narrowly accurate, this deal is bush league by comparison even though the underlying abuses in both cases have had devastating consequences.
The tobacco agreement was pegged as being worth nearly $250 billion over the first 25 years. Adjust that for inflation, and the disparity is even bigger. That shows you the difference in outcomes between a case where the prosecutors have solid evidence backing their charges, versus one where everyone know a lot of bad stuff happened, but no one has come close to marshaling the evidence.
The mortgage settlement terms have not been released, but more of the details have been leaked:
1. The total for the top five servicers is now touted as $26 billion (annoyingly, the FT is calling it “nearly $40 billion”), but of that, roughly $17 billion is credits for principal modifications, which as we pointed out earlier, can and almost assuredly will come largely from mortgages owned by investors. $3 billion is for refis, and only $5 billion will be in the form of hard cash payments, including $1500 to $2000 per borrower foreclosed on between September 2008 and December 2011.
Banks will be required to modify second liens that sit behind firsts “at least” pari passu, which in practice will mean at most pari passu. So this guarantees banks will also focus on borrowers where they do not have second lien exposure, and this also makes the settlement less helpful to struggling homeowners, since borrowers with both second and first liens default at much higher rates than those without second mortgages. Per the Journal:
“It’s not new money. It’s all soft dollars to the banks,” said Paul Miller, a bank analyst at FBR Capital Markets.
The Times is also subdued:
Despite the billions earmarked in the accord, the aid will help a relatively small portion of the millions of borrowers who are delinquent and facing foreclosure. The success could depend in part on how effectively the program is carried out because earlier efforts by Washington aimed at troubled borrowers helped far fewer than had been expected.
2. Schneiderman’s MERS suit survives, and he can add more banks as defendants. It isn’t clear what became of the Biden and Coakley MERS suits, but Biden sounded pretty adamant in past media presentations on preserving that.
3. Nevada’s and Arizona’s suits against Countrywide for violating its past consent decree on mortgage servicing has, in a new Orwellianism, been “folded into” the settlement.
4. The five big players in the settlement have already set aside reserves sufficient for this deal.
RALLY IN TALLY NATIONAL FORECLOSURE AWARENESS DAY FEBRUARY 16, 2012
NY Times Video | Gretchen Morgenson on Lender Processing Services’ DOCX Criminal Indictements
- KABABABOOOOM! | Lender Processing Services’ DOCX, Lorraine O. Brown, Indicted on Criminal Forgery Charges
- Fraud Digest | DocX, LLC., a Subsidiary of Lender Processing Services (“LPS”) & Lorraine O. Brown Indicted on Criminal Forgery Charges
- Opinion Journal: Making a Mortgage Disaster with Gretchen Morgenson and Joshua Rosner VIDEO
Daniel Fisher, Forbes Staff | The Primary Cause of The Financial Crisis “Borrowers not paying their mortgages”
Daniel Fisher, Forbes Staff | The Primary Cause of The Financial Crisis “Borrowers not paying their mortgages”
MM EXCLUSIVE: AZ Bill Writes Down Underwater Loans for Homeowners – A Mandelman Matters Podcast
It’s an issue that begs to be turned into a riddle, such as… Who lives hopelessly underwater and in the desert at the same time?
Answer: Arizona’s homeowners.
Over this past year, Arizona State Senator Michelle Reagan (R) began a careful study of what appeared to be some very frightening numbers about her home state, but she was never willing to view them as a fait accompli.
“In Arizona we don’t ignore problems, nor do we pretend they aren’t there,” Sen. Reagan explains. “Obviously, the federal programs aren’t going to address our state’s needs, and that’s fine. We’re perfectly capable of doing what’s best for Arizona.”
This past week Sen. Reagan brought her historically significant solution bill, SB 1451, to the Arizona State Senate.
According to CoreLogic, as of the third quarter of last year, more than 50 percent of Arizona’s homeowners were underwater, meaning they owed more on their mortgage than their homes were worth… 52 percent, to be specific.
If that weren’t bad enough, according to the latest Case-Schiller survey, which uses data from the Federal Housing Finance Agency (“FHFA”), by the third quarter of 2012, home prices in the Phoenix metro area are expected to drop another 9.6 percent, and the same study shows an additional 3.4 percent drop a year after that.
And the really frightening thing about such forecasts is that for at the last four or five years, the actual numbers have, in all cases, exceeded forecasted amounts. The reverse is never true.
Now, run a tape on all that and you’ll be looking at 65 percent of Arizona homeowners being underwater by the third quarter of 2013, then add in the eight percent or so to account for the homeowners “effectively underwater,” meaning they would be underwater were real estate sales commissions and the like factored in, and we’re talking about well over 70 percent of Arizona homeowners underwater within a couple of years, which is to say nothing of the amounts involved. Recently, one Arizona homeowner wrote to me about the sale of a home across the street from his for $310,000. He was very upset. His mortgage, I later learned, was $860,000.
Why hadn’t he just walked away, was my immediate question. His response was the his adjustable rate mortgage had been reduced annually and was now at 2.25 percent. Were interest rates to rise even to five percent and he’d be out of there in no time flat.
Want to know why there aren’t more strategic defaulters in places like Phoenix, AZ? Now you know.
So, what’s the federal government’s response to the soggy situation? Well, last fall the Obama Administration loosened restrictions on the HARP program, so now it can be used to refinance your home no matter how far it’s underwater… 100 percent, 200 percent… 300 percent… it doesn’t matter. Of course, you’ll still be just as underwater as you were before, but you might shave a point or two off your interest rate, which might save you a couple hundred bucks a month… maybe.
Not surprisingly, the new HARP program has not exactly taken off like gangbusters in Arizona or anywhere else for that matter. And just imagining someone signing a promissory note that obligates one to pay an amount two or three times the market value of the property, will give you an idea why it doesn’t happen all that often.
Moody’s now pegs Arizona’s recovery in the housing markets at 2034, without adjusting for inflation. One might as well have forecasted recovery as coming… never. When 70 percent of a housing market is underwater, and recognizing that under normal circumstances at least two-thirds of home buyers are also home sellers, it’s easy to see that future demand will look nothing like demand seen in past years.
More homeowners realizing they are hopelessly underwater and walking away would seem a certainty. Costs associated with foreclosed homes being incurred by the state are mounting beyond all previous forecasts and the resulting state budget deficits are becoming increasingly difficult to close. By 2013, many state economies will be caught up in negative feedback loops that will prevent recovery as, for example, requisite budget cuts and tax increases further surpress consumer spending.
Foreclosures breed foreclosures…
So, after five years of being told that next year would be better… Sen. Reagan had enough.
First, she set out to learn everything about the economic meltdown and the situation related to foreclosures and underwater homes, and once she understood the dynamics, she set out to find a way to free homeowners in her home state from the downward spiral in which they were clearly locked, because she came to understand that otherwise the state’s future could only be bleak. She assembled a team of experts in various disciplines and the result is found in Senate Bill 1451, The Housing Finance Reform Act of 2012.
I like to refer to it as… Raising Arizona… or, sometimes as, “The shot heard ’round the world.” You’ll see why soon enough.
Senator Reagan’s bill represents BREAKTHROUGH THINKING as far as solutions to the housing crisis are concerned. To be blunt, there’s been nothing like it proposed anywhere as yet, nothing close… but that’s not going to be the case for long… already other state legislatures are taking a close look.
Want a little taste? How’s this just for starters…
- Writes down mortgage balances for Arizona homeowners to up to 125% of current market value.
- Lowers monthly mortgage payment by at least 33%.
- NO COST to taxpayers, not a dime.
- No credit score requirement, borrower must be current on mortgage or be able to bring loan current.
But, I’m not going to spoil it for you… CLICK PLAY BELOW and listen in on the conversation with Senator Michelle Reagan, along with key members of her team, Ira Hecht, Steve Kravitz and of course, yours truly, as we talk all about… what the bill is all about.
(You’ll also find a copy of the bill below.)
Mandelman out.
*******
ATTENTION ARIZONA HOMEOWNERS…
IF YOU WANT IT, YOU HAVE TO SPEAK OUT!
Sen. Reagan NEEDS YOUR SUPPORT to get this revolutionary mortgage financing bill passed into law. It’s crucial that you email your state representatives and tell them how important this bill is to your life and your future.
To find email addresses for your state assembly and senate representatives…
CLICK HERE.
It’s easy and only takes a few seconds, I promise.
NYT: Gingrich’s ties to Fannie Mae and Freddie Mac are deeper than you think
Uh oh.
Awfully thoughtful of the Times to toss this grenade in his lap just hours before Nevadans head out to caucus. Then again, what’s the worst that can happen? He loses by 30 points instead of 25? You know who this benefits? Once he became speaker in 1995, Mr. Gingrich’s support loomed large as the companies [...]
A.G. SCHNEIDERMAN ANNOUNCES MAJOR LAWSUIT AGAINST NATION’S LARGEST BANKS FOR DECEPTIVE & FRAUDULENT USE OF ELECTRONIC MORTGAGE REGISTRY
STATE OF NEVADA vs. LENDER PROCESSING SERVICES | Lender Processing Services, Inc. (LPS) Files Motion to Dismiss Nevada Attorney General Complaint
STATE OF NEVADA vs. LENDER PROCESSING SERVICES | Lender Processing Services, Inc. (LPS) Files Motion to Dismiss Nevada Attorney General Complaint
NY Times | Treasury Investigates Freddie Mac Investment
NY Times | Treasury Investigates Freddie Mac Investment
Press Release | 3rd Annual Rally in Tally National Foreclosure Awareness Day February 16, 2012
Bondi Calls Harris a Liar | Attorney General Champs, Chumps, and Eric Schneiderman
- Kicked Out | Effective Immediately, New York Attorney General, Eric T. Schneiderman, has Been Removed from the Executive Committee of the Robosigning Multistate
- AUDIO | California’s Attorney General Kamala Harris on Fraudclosure Settlement
- Mortgage Electronic Registraton System (MERS) Subpoenaed by NY Attorney General Eric Schneiderman
Reuters | Old Mortgages Rise from the Dead, Haunt Homeowners
- More Zombie Debt | Deficiency Judgments for Unpaid Condo Fees and Unsatisfied Mortgages Come Back to Haunt Past Owners
- Fannie and Freddie’s Regulator Opposes Reducing Mortgages for Struggling Homeowners
- Bank of America Defrauded Homeowners About Tax Benefits of Mortgages, Says Lawsuit Filed by MIFSP
Naked Capitalism | Is Schneiderman Selling Out? Joins Federal Committee That Looks Designed to Undermine AGs Against Mortgage Settlement Deal
Naked Capitalism | Is Schneiderman Selling Out? Joins Federal Committee That Looks Designed to Undermine AGs Against Mortgage Settlement Deal
- Naked Capitalism | Banks Win Again: Weak Mortgage Settlement Proposal Undermined by Phony Consent Decrees
- David Dayen | The Schneiderman Gambit: Financial Fraud Unit Appears Designed to Fail, and Grease Skids for Foreclosure Fraud Settlement
- Naked Capitalism | Mortgage Settlement Term Sheet: Bailout as Reward for Institutionalized Fraud
Citizens United Anniversary | Citizens United v. FEC – What it Means for Democracy
Ohio | Sen Brown to Feds: Don’t Let Wall Street Banks Use the Assets of Middle Class Ohioans to Pay the Penalty for Breaking the Law
- Tammy Baldwin WI Stands Up for Middle Class Homeowners, Tells Holder Consumers Must Have Path to Recover Losses
- Settlement FAIL | Banks Get Edge in Talks on Foreclosure Penalties as Feds Settle
- Arkansas | Hot Springs County Clerk Mayme Brown Sues Mortgage Electronic Registration System (MERS) Banks for Tax (Filing Fee) Evasion
Michigan | Kim v. JP Morgan Chase Bank – Family Fights Foreclosure, Beats Bank in Court (VIDEO)
- Kim v. JP Morgan Chase Bank | Court Sets Aside Foreclosure Sale Where Assignee Of Mortgage Failed To Record Its Interest Prior To Sale
- Complaint | RICO Case Against JP Morgan/Chase – LINDA ZIMMERMAN V JPMORGAN CHASE BANK NA
- Case Unsealed | IRVING H. PICARD, Trustee for the Liquidation of Bernard L. Madoff Investment Securities LLC, Plaintiff, v. JPMORGAN CHASE & CO., JPMORGAN CHASE BANK, N.A., J.P. MORGAN SECURITIES LLC, and J.P. MORGAN SECURITIES LTD
Naked Capitalism | H.U.M.P. – Obama to Try Better Smoke and Mirrors to Address Housing Market Woes
- Naked Capitalism | Obama Pressing for a “Shock and Awe” Mortgage Mod Program, 3 Million in 6 Months
- Naked Capitalism | Corrupt Obama Administration Pressuring New York Attorney General to Support Mortgage Whitewash
- CNN Headliner | How to rescue the housing market: Foreclosures! Experts say it’s time to push delinquent borrowers through the foreclosure process
Dylan Ratigan | Fraudclosure – California’s Housing Horrors
Arizona | M & I vs. Mueller – Appellate Ruling Says Actual Occupancy of Home is Not Necessary, Bars Lenderr from Pursuing Deficiency Judgement
- Florida 4th DCA Reverses Final Judgement Ruling – Elliott v. Aurora Loan Services
- Wells Fargo Home Occupancy Inspector Beats Homeowner With Sledge Hammer – Inspector Tells Beaten Man He Was His “Judge, Jury and Executioner” Claims Homeowner
- Despite Arizona Military Vet’s Proof of Loan Pay-Off, Bank of America Forecloses Anyway and Schedules Auction of His Home of 26 Years







“Living Wills” | FDIC Board Approves Final Rule Requiring Resolution Plans for Insured Depository Institutions Over $50 Billion in the Event of the Institution’s Failure
By 4closureFraud | Bankruptcy, Foreclosure Fraud, News for the Patriot
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