Archive for November 2nd, 2010
Gee The FRAUD In HAMP Is Coming Out?
Hoh hoh hoh… read this one carefully folks.
SAN DIEGO (CN) – A La Jolla man can keep his home for now, after a federal judge granted his motion for a temporary restraining order blocking Washington Mutual and JP Morgan from foreclosing on his house because the banks misled him into defaulting on his mortgage.
Kaveh Khast claimed the banks instructed him to stop making his mortgage payments so he could qualify for a loan modification.
Yep.
HAMP was a scam and a fraud. It was designed to induce people to default on their loans on purpose in order to get a modification.
But the modification was “optional” (helped along in many cases by intentionally losing documents sent through certified mail!) and as such the banks did exactly that.
Now we have judges – finally – pushing back and recognizing the inherent fraud in that scam.
A scam hatched by The Federal Government and Treasury in collusion with the banks.
I think there’s a law against this somewhere….. will it be enforced? 
Texas Case Shows Truth About Mortgage Issues
Jose and Maria Perez bought a house outside Seguin three years ago, thinking they’d found a good first home in which to raise their two young children.
Last year, the couple decided to take advantage of lower interest rates and refinance their mortgage. They paid off the original loan, which had been underwritten by Morgan Financial, in August 2009. Jose Perez has copies of a settlement statement, a wire transfer receipt and title company documents showing the loan was paid.
Since then, they’ve remained current on their new loan, Perez said.
About a month after the refinancing, Jose Perez began to receive collection letters from Bank of America, which claimed it had acquired the original loan from Morgan.
Perez, an electrical technician, called BofA repeatedly and informed them that the loan had been paid in full. He has the documents to prove it, including a wire transfer receipt and a settlement statement from the title company.
“I was trying to deal with it myself,” he said. “I would get transferred and transferred. They would assure me that it would stop.”
For a while, it would. Then the notices would begin arriving again.
Last month, Perez got a letter declaring the loan was in default and that his home was slated for a foreclosure sale on Nov. 2. Texas allows such nonjudicial foreclosures in some cases, but this shouldn’t have been one.
Perez filed suit against Bank of America two weeks ago in hopes of forestalling the foreclosure. The lawsuit demands that the bank provide evidence that it owns the now-paid loan.
In other words, Perez wants the bank to produce the paperwork to back up its claims. That paperwork, of course, doesn’t exist.
A hearing in the case is set for Monday in Seguin. The lawsuit seeks to prevent BofA from any nonjudicial foreclosures in Texas.
A BofA spokeswoman said that as of Friday the bank had canceled the foreclosure and hoped to resolve the matter with the Perezes. She declined to comment further because of the lawsuit.
The Perezes aren’t real estate speculators. They didn’t buy more home than they could afford, and they never fell behind in their payments — not on the original loan, and not on the refinanced one.
Their case underscores the problems at the root of the foreclosure mess. In the rush to securitize loans for hungry Wall Street investors, the banks cut corners. They used straw lenders, or stand-in nominees, as the named beneficiaries on deeds of trust.
In the Perez case, the lender listed on the deed is the Mortgage Electronic Registration System, a nationwide service that has become the nominee for lenders on thousands of mortgages. The use of nominee lenders saved the banks time and money, but it often resulted in incomplete loan documents, often because they weren’t filed with county clerks as had typically been the case in Texas.
In the Perezes’ case, it appears, based on the documents filed with the lawsuit, that the bank bought and attempted to collect on a loan that had already been paid because the deed hadn’t been filed properly.
It’s no wonder that attorneys general in all 50 states are investigating the big banks’ foreclosure practices. BofA halted foreclosures nationwide earlier this month, then deemed that any paperwork problems were minimal and resumed the process.
The Perez case shows the problems are far bigger than the banks are letting on. It’s a reminder that the banks can’t be trusted to ensure the paperwork is in order.
What’s at stake is nothing less than the due process to which homeowners are entitled.
It’s enough to ruin confidence in the American Dream.
Perez and his wife bought their house a year after they were married. They saw it as a good starter home.
“This was kind of like a steppingstone,” he said. “We wanted something better later on, but this has been pretty rough. We’ve really been looking at apartments lately.”
Loren Steffy is the Chronicle’s business columnist. His commentary appears Sundays, Wednesdays and Fridays. Contact him at loren.steffy@chron.com. His blog is at http://blogs.chron.com/lorensteffy/.
Grayson To FCIC: Increase Reserves
Yeah, ok….. may I ask what reserves, given that Bernanke was given the ability to set them to zero in the TARP bill?
Dear Secretary Geithner and members of the Financial Stability Oversight Council,
I’m writing concerning the foreclosure fraud crisis and the resulting potential need for a special capital buffer for large systemically significant institutions. I’m particularly worried about the title insurance market, and attempts to lay off title liability onto large banks without corresponding changes in capital requirements.
Recently, Bank of America struck a deal with Fidelity National Title Insurance to indemnify the title insurer should legal problems with foreclosures create unanticipated title liability. Title insurers are clearly worried that they may face higher legal and policy costs if foreclosures are reversed, or should legal ambiguity cloud titles they already have insured. Bank of America’s deal with Fidelity may be necessary to help keep the housing market functioning. Since title insurers have in some cases just refused to insure this market, someone must pay for the liability these insurers have refused to incur.
The extent of this liability is unclear. On October 8, Bank of America CEO Brian Moynihan told the public and investors that, despite the self-imposed foreclosure moratorium, his bank had not “found any foreclosure problems”. He said, explaining the foreclosure moratorium, that “[w]hat we’re trying to do is clear the air and say we’ll go back and check our work one more time.” The bank’s SEC Form 8-K reinforced these comments. Yet two weeks later, the Wall Street Journal just reported that Bank of America, in reviewing 102,000 cases of problematic foreclosures, found problems “in 10 to 25 out of the first several hundred foreclosures it examined.”
Both banks and regulators are claiming that the problems are simply process-oriented document errors that aren’t really causing harm to the public at large. I suspect that no one really knows the extent of the problem, or the potential liability. What we do know is that title insurers are demanding indemnification.
With that in mind, it would seem prudent to require additional capital buffers for systemically significant institutions until the extent of the foreclosure fraud crisis is understood, or until title insurers decide that they no longer need indemnification for increased risk. It may also be useful to conduct a new round of stress tests to determine the resilience of the financial system with respect to these serious problems.
Regards,
Alan Grayson
Member of Congress
Again: In order to increase something, you must first have some of it. 
Real estate is a bad investment does not show up in Google News and other interesting housing trends – Strategic default searches went viral in 2010. Banks betting against American homeowners.
82 percent of American households have internet access. Of those with internet access, a large number are homeowners. The vast majority use Google to search for many things including foreclosure advice or investigating the real estate market. The online trends give of a sense of what is happening in the collective psyche of our country that really isn’t revealed through the conventional press. The housing market seems to be entering a second leg down and many are now predicting nationwide home prices to fall by 5 to 10 percent in the upcoming year. With that being said, very few articles have made their way to the popular press regarding real estate as a bad investment. Even today, there is still a sense that no matter the price, real estate will always be a good financial choice. Let us examine the online trends and market behavior that surround the current real estate digital psychology.
Strategic default the rage in 2010
Google Trends offers a view into the machinery of the internet and what people are searching for. In 2010 strategic defaults went viral:
You can see that in 2009 the momentum was growing but in 2010 it has spiked off the charts as many Americans debate whether walking away from their underwater home is a good choice. Yet this isn’t a nationwide trend necessarily. It seems to be concentrated in the large bubble markets:
Las Vegas by far has the most searches for strategic defaults given over 6 out of 10 mortgage holders are underwater. The other familiar states of Arizona, Florida, and California show up as well. It is also interesting that Seattle shows up as the fifth city with the most queries for “strategic default” yet is rarely clustered with the typical foreclosure areas.
Is real estate a good investment?
You would think that by now, some news source would have put together an article showing real estate is a bad investment under certain circumstances but not only does this not show up, those exact words don’t even pop up in Google News:
Now it is obvious that some articles have talked down real estate but out of the millions of articles online, this string doesn’t pop up in any news article. Again I tend to believe that there is still this strange primordial fixation with housing and this is largely why the bailouts have focused completely on banks and housing. In fact, the focus has been so narrow that the government coupled with Wall Street has missed what is going on in the real economy:
The headline unemployment rate has hardly improved and the underemployment rate is over 17 percent. Combine this with the massive glut in housing:
It is obvious that Americans are shifting priorities here. The low sales rate of new homes is troubling for two reasons. New family sales and construction serve a double purpose. First, they put people to work building homes and second, new home sales do well in a good economic climate. The above chart hasn’t responded at all to all the trillions of dollars in bailouts. The bulk of home sales in the last two years have been foreclosure re-sales and these have moved because of lower prices. The consumer is completely price conscious when it comes to housing.
All the bravado coming from banks shows us a very different trend when it comes to them putting their money where their mouth is:
While the banks are all the willing to lend out government backed mortgages, they have pulled back putting their money into play in the mortgage market. In other words, banks have no faith in working and middle class Americans. They are willing to take handouts through bailouts but their actions speak louder than words. Just follow the trend and you’ll see where the money is going.
Echoes of FDR's FAILURE
Yes, FAILURE.
Not success folks.
Two things you should read….
We all know that the current administration is harking back to the FDR’s New Deal to justify its Keynesian intrusion into our economy. We are also aware that when it is pointed out that the New Deal was an abject failure to restart the American economy and that is was only with the advent of WWII that full employment was achieved, Obama supporters will often shoot back that the initial monies devoted to the New Deal was not enough and that is was the truly MASSIVE war spending the restored America to its financial supremacy. Thus the justification for enormous stimulus bill and the passing of the current budget and talk of more stimulus. I will agree with the Democrats judgment with only a few minor caveats:
(read more at the link)
Some background: It’s spring, 1938. The New Deal lay in shambles. The country was in what can only be called the Great Depression II. The graph embedded in this post showsunemployment had risen to near 1933 levels and was rising. The massive government spending during the first four years had run its course, and no real permanent economic foundation had been established. At the 12:56 mark, FDR gives his reason why this slide into recession happened: It was a failure of consumer demand due to lack of buying power (aka: massive unemployment had reduced consumer demand) Sound familiar?

Beelzebub Day
Yep. I’m gonna go do it here in a few minutes…
I wish there was a decent other option, but there isn’t. So off I go to the Polls.
Whatever choice you express today, do go express it.
But while you’re doing so, spend the neural energy to contemplate that all the so-called “Free lunch” promises from the Democrats and Republicans are in fact false promises. That avoiding bankruptcy and recession is a fraud in all economic systems where lending is permitted.
The lending of capital at interest inherently creates compound growth in that interest payment stream, which eventually, no matter what you do, will overwhelm the ability to pay.
Before we tried to tamper with this reality, we had this in the market
Lots of crashes in that chart. But lots of recoveries too.
You only think you’re better off now. You’re not. All we’ve done is build the same sort of instabilities that were built in the 1920s. We’ve tried to continually avoid the consequence of lending more than the borrower can pay.
We tried to paper over the fraud of the 1990s in the 2000s. We failed. Now we’re trying to do it again, and Bernanke is debasing the dollar in a futile attempt to “rescue” a failed monetary policy.
HIS failed monetary policy.
The very same failed monetary policy that was run in the early parts of the 1930s, and “QE-whatever” is the precise same failed policy that FDR ran with devaluation!
It won’t work. It can’t, mathematically, work. What it can and will do is decimate those who are in the middle class. The 200 million Americans who are in the middle class and below. Those of means will survive this, just as they did in the 1930s. Sure, we’ll spend more on food and energy, and will have to step down our “standard of living” a bit, but we have it.
The poor, the working poor and middle class? They don’t have it, and those in the working class who were promised retirement funds from pensions and other similar instruments won’t get it either, because this debasement, at the same time, destroys safe returns available to the institutions that are investing those retirement funds.
Today you have all sorts of people talking in the media about “freezing spending.” Uh huh. Freezing eh? Yeah. Ok. Freeze has to include the 70% of the budget that is the actual problem. Remember this graph?
Quit yanking my chain. The only way to close a $1.6 trillion budget gap is to invade – severely invade – entitlement spending. Neither party will do it. But it has to happen. That they won’t do it simply means that there will be no real forward progress on this account. Not now, not until it blows up.
The mental masturbation slapping Bernanke and Paulson on the back for “job well done” is idiotic – just as it was in 1930.
This will end the same way, because we’re doing the same thing we were then.













