Archive for August 5th, 2010
Foreclosure Mills: Wall Street’s Latest Fraud Scheme
Financial giants have figured out yet another way to profit from fraud. After devastating communities across the country with shady subprime loans, the mortgage industry has launched a new assault on America’s neighborhoods. Big banks are now outsourcing their foreclosure processing to shady law firms with a history of breaking the law for a quick buck. These foreclosure scammers forge documents, backdate signatures, slap families with thousands of dollars in illegal fees and even foreclosure on borrowers who haven’t missed a payment.
Andy Kroll lays out the insanity in a terrific piece for Mother Jones. “Foreclosure mills,” as they are known, have been around for years, but they’ve become a much bigger problem as the mortgage crisis has deepened. Fannie Mae and Freddie Mac spurred the creation of these social beasts decades ago to help them process large volumes of foreclosures quickly and cheaply. Pretty soon big banks wanted in on the action, and bailout barons at Wells Fargo, Citigroup and Bank of America starting sending foreclosures to these scummy law firms by the thousands.
Banks opt to outsource dirty work like this for a reason. It takes weeks to process the legal work necessary to kick somebody out of their home, since cops and judges don’t want to give borrowers the boot without proof. If you can cut down that processing time, you can save a lot of money on legal bills. Foreclosure mills cut costs for banks by cutting corners—when they can’t compile the documentation needed to push families out of their homes right now, they simply fabricate the documents. Still worse, these guys illegally withhold documentation from borrowers seeking to negotiate loan modifications with their banks—effectively forcing borrowers out of their homes instead of allowing them to cut a deal with the bank. When borrowers actually do straighten things out with foreclosure mills, the scumbags slap them with huge illegal fees. Kroll details a foreclosure mill that erroneously tried to evict a Florida couple who had been paying their mortgage on time. When it became clear that the couple could not be kicked out of their home, the foreclosure mill tried to charge them $18,500 in fees for mistakes committed by the foreclosure mill and the bank. The foreclosure mill even invented two new people who it said lived in the home in order to demand four sets of legal processing fees instead of two.
If nobody holds you accountable, then lying, cheating and stealing are very profitable business models. That’s one reason why banks love sending this kind of work to foreclosure mills. While the foreclosure mills and their lawyers have been bombarded with lawsuits for their trickery, the banks are not directly involved in the funny business. So Citi, BofA, Fannie and Freddie get to cut their costs with shady practices, but they don’t have to shoulder the legal liability for them, even though they must surely know what goes on (if they don’t know, they’re being astonishingly negligent, and should be held responsible).
The foreclosure mill scandal is very similar to a game the banks played in the craziest days of the housing bubble. A few years back, banks outsourced much of the work that goes into issuing mortgages to third-party mortgage brokers. Banks knew that many of these brokers were up to no good, and routinely trained brokers how to steer borrowers into unaffordable subprime loans. Banks also lobbied regulators aggressively for the right to look the other way when brokers abused borrowers or committed fraud. For a few years, banks made big bucks as mortgage brokers turned out fraudulent loans by the truckload. When those loans started defaulting, the banks pleaded innocence and blamed the brokers for the social and economic fallout.
So now that pumping out subprime loans is no longer a profitable endeavor, banks are resorting to similar tricks in order to cut their losses on those same loans.
Much of the housing bust is a story of inadequate regulations allowing banks to swindle society and get away with it. But much of the story is simple, straightforward fraud that has gone unpunished. Financial giants paid other firms to issue fraudulent loans, issued fraudulent loans themselves, packaged fraudulent loans into securities and sold them to investors, lied about their subprime mortgage holdings, invented new financial gimmicks to hide billions of dollars in debt, and even laundered hundreds of billions of dollars in drug money. But nobody is going to jail, or even receiving meaningful fines. Banks broke the law and hired other people to break the law for them, scoring big profits without being punished. Is it any wonder that they’re still at it?
Zach Carter is AlterNet‘s economics editor. He is a fellow at Campaign for America’s Future, and a frequent contributor to The Nation magazine.
Don't Bet On It (Mass Forgiveness)
Rumors are running wild from Washington to Wall Street that the Obama administration is about to order government-controlled lenders Fannie Mae and Freddie Mac to forgive a portion of the mortgage debt of millions of Americans who owe more than what their homes are worth. An estimated 15 million U.S. mortgages – one in five – are underwater with negative equity of some $800 billion.
Uh huh. Ok, let’s do a bit of thought on this.
First, 30% of the people in this country own their homes outright – no mortgage at all. Of the remaining homes, about 30% are underwater.
So that’s 30% of 70%, or 21% of the total.
Now subtract all those who are not paying (maybe half of the underwater loans?) and you get somewhere around 10% – perhaps 15% at best – of the homeowners.
The other 85% won’t get “helped”.
Politically, this is suicidal. It is especially suicidal among older voters (who vote more often!) as they’re more likely to have paid-off houses (or houses where they’ve been paying for a decade or more) than younger people. This wouldn’t help Obama and the Democrats, it would utterly decimate them both come November. Count on it.
Second, this would trash the hedging that is currently used in the mortgage security market. That market would become dramatically overhedged, which could lead to an instantaneous and nasty dislocation.
Third, it won’t do anything for prices – in fact, it likely would push them downward, as it would permit “clearing” of homes that currently can’t be sold (and thus do not establish a market-price mark) due to being underwater.
Finally, where ‘ya gonna get the $800 billion? We’re already into the bond market for $926 billion this year. Treasury comes to market with that much again (roughly) and we might see some “interesting” effects in the Treasury market as well – none of them good either.
I don’t buy it.
Yeah, I know, Turbo Timmy allegedly “can” due to his pronouncement and capacity to take “unlimited” losses in Fannie and Freddie through the end of next year. But he’s still constrained by Treasury’s ability to fund their activity, which means selling bonds.
Now on the back of an equity market crash (and I do mean crash – as in straight down, 25% or more) that scares the living bejeezus out of everyone and drives them into the Treasury curve? That might give him the room to do it, but there’s a problem with that too – he’s only going to get one more bite at this apple, and I bet he wants it to go after the 401k money as a means of temporarily stabilizing government funding (for a year or two anyway.) If he squanders that opportunity here he’d be precluded from doing it again.
This sounds like one of those rumors that people start when they smell smoke and are looking for an exit door.
Jobless Claims
Don’t buy the BS in the mainstream crooners that “we in fact have created jobs.” It’s a lie.
In the week ending July 31, the advance figure for seasonally adjusted initial claims was 479,000, an increase of 19,000 from the previous week’s revised figure of 460,000. The 4-week moving average was 458,500, an increase of 5,250 from the previous week’s revised average of 453,250.
This was a deterioration, but the real problem lies within the data. Let’s highlight it.
This is where the media gets the claim “it’s getting better.” The problem with the claim is that it’s a lie, and if you read the entire report, it becomes obvious – they simply ignore the roll-down into “not counted” buckets for the long-term unemployed.
The truth is that the unemployment situation is 17% worse now than it was a year ago, from July 10th to July 17th it deteriorated, and that understates the case, as those who have exhausted the 99 weeks of “benefits” (all but 26 of which are a handout) don’t show up in the EUC 2008 line any more either!
Don’t believe the BS – the facts are right under the nose of those at CNBS and other media outlets, and they’re deliberately refusing to report them.







