Oct. 27, 2010
The recent belated media attention to the problem of unlawful foreclosures continues to purport several falsehoods.
Most glaring among these are the repeated assertions that only people who “deserve it” suffer foreclosure. The message coming from the industry is to blame the victim by asserting that this problem wouldn’t be happening had the homeowners made their payments.
Never mind the cruel joke that these are the people that caused high unemployment and the collapse of government services while looting the middle class and paying themselves obscene bonuses. This year is expected to be another record for Wall Street bonuses and foreclosures.
Setting aside borrowers who deliberately set out to cheat the system and buy more house then they could afford, what is about to be revealed are the large number of people who have been foreclosed on as part of a systematic fraud, not because they were delinquent.
There are thousands of examples of foreclosures on wrong addresses, wrong parties, homes without loans, homes in a modification program, and the homes of people who never missed a payment. All of that made possible by forged documents and, until recently, with many judges’ support.
But wait, in California and 29 other states, there is no judicial or administrative review, allowing anyone to foreclose on any property without proving their entitlement to do so, to anyone.
Unless the homeowner files an action in court, the foreclosure will occur uncontested. Do not believe for one moment that this easy money has gone unnoticed by organized crime.
That is why the original voluntary foreclosure moratoriums by GMAC, Chase, and Bank of America were declared in only 23 states. In those states, there is some form of legal review. These are the states where it was necessary to create new paperwork to satisfy the judge of their right to foreclose.
In non-judicial foreclosure states, they had no intention of stopping unlawful foreclosures because they met little resistance. By pretending to modify the loan or resolve the mistake, they persuade the homeowner that everything will be fine while continuing to foreclosure without further notice.
Additionally, most media outlets are quoting some industry insiders as saying that this is just a little “paperwork problem” that can be fixed by filing a few more papers. They already tried that, and that is how we got here.
What finally brought this to light were the depositions by a number of foreclosure mill employees who signed hundreds of thousands of documents in which they declared, “Under penalty of perjury…” and then went on to swear that they had personal knowledge of the facts in an affidavit to the court. The depositions reveal that these “robo signers” had absolutely no knowledge of anything they were swearing to.
That isn’t going to go away, except by some sort of judicial fiat that suddenly blesses this conduct retroactively.
If we allow forgery and perjury to go unpunished, the courts will cease to be effective. It will be worth watching to see how this aspect of employee culpability resolves. Keep in mind that we are talking about hundreds of thousands of willful acts by virtually all mortgage servicers, not a single act by a rogue employee.
The lenders say that they will examine their procedures and should be back to foreclosing in two to three weeks. Which begs the question of how they can provide a thorough review of 5 record breaking years of foreclosure files when they could only spend a few seconds examining them in the first place?
And yet, those bogus affidavits are actually irrelevant to the larger issue of what the phony paperwork conceals. Why would they not just submit proper paperwork in the first place?
The answer is that loans that were bundled into pools for the purpose of securitization were never properly transferred. Real estate law, cumbersome though it may be, requires the physical transfer of documents when an interest in the property changes hands. This is known as an assignment.
But, the notes intended for securitization were never endorsed because they were intended to be the security in multiple pools.
Because the assignments were never properly transferred and recorded, the foreclosure mills have tried to go back after the fact and recreate the assignments.
To do that, they needed to “create” all of the missing assignments in the securitization chain.
That required them to design, write and digitally print fictional documents for what would be at minimum four and possibly hundreds of transfers. These would then need to be signed (endorsed) by the transferring party after the fact and then the signature would need to be notarized.
In some cases, the notaries weren’t yet in existence when the signatures were purported to have been witnessed. In other cases, the notaries were in states other than where the document was purported to be signed.
The “Robo Signers” swore it was all correct and true.
Before Wall Street became immune to prosecution, this sort of creation of documents after the fact was considered forgery.
So, all of those so called paperwork errors are really after the fact attempts to paper over a slandered title.
But, suppose we let them get away with it. Just call it a technicality like they have and let it slide.
Judges have reasoned that they can’t simply let a nonpaying borrower have a free house, and have ruled that borrowers have no legal standing to challenge the foreclosing entity to prove, through those assignments, that they are the party entitled to foreclose. That will now change.
Here’s where it gets interesting. Beyond the difficulty in identifying the true creditor is a larger issue of the tax exempt status of the trusts which are purported to hold the notes.
Known as REMICS, under the IRS code, in order to enjoy beneficial tax treatment, the trust (1) must be passive and (2) cannot acquire any new assets 90 days following the trust’s creation.
If the notes were never properly assigned to the trust when it was established, then the trust does not actually own the underlying mortgages. If the trusts receive these assignments (assets) at this time, they would have serious tax consequences. In many cases, the trusts have already been dissolved and the parties satisfied with insurance, (credit default swaps) or tarp funds. Thus, there is no legal creditor who could prove standing to foreclose if courts uphold the law.
So, while the judge may be reluctant to give a homeowner a free home, the only other option is to award it to someone who never loaned a dime and doesn’t lose a penny, and ironically, is the party responsible for engineering the entire economic collapse.
And, if that weren’t bad enough, the other consequence of this so called “paperwork problem” is that if it is not known with certainty who owns the mortgage in question, it cannot be released. If the title company is not satisfied that there is a good release on the old mortgage, it will refuse to insure the new mortgage.
Recent buyers of foreclosures and short sales may have bought into more than they bargained for. And, because this is about what is missing rather than part of the record, the only conceivable way to know if there is good title is to go to a title company other than the one that insured the buyer’s title and ask for a quote to insure the title in light of these developments. If they can’t track all of the assignments, they will either not insure the title or attempt to exclude or “write around” the missing assignments. The rush, by pretender lenders to foreclose on American homeowners is the final piece of an extraordinary plan. It is an effort to eliminate the evidence of the greatest financial fraud in history. That is what the next few months will reveal as more and more media are forced to confront the facts. The so called examination by the Bankstas is but another unabashed lie from people with a history of doing nothing but telling lies.
Finally, it is apparent from the email I am receiving that foreclosure sales are going forward despite the self-imposed moratorium. The reason being given is that these properties were too far along in the process to halt the auction. But, the law is the law and those individuals will have a claim. Now, it will be interesting to watch as, one by one, homeowners simply stop making their loan payments as they come to realize the significance of these revelations. In those states they will still need a lawyer. The surest way to stop the foreclosure and get to the discovery needed to prove other claims is most likely through a quiet title action. I’m currently digging deep in this area. Please keep in mind that I am not a lawyer and do not give legal advice.This is one of the most complicated and unrewarding areas of practice and few attorneys have any understanding of the complexities.
In the course of more than probably 50 articles on this topic, I have amassed a lot of information that hasn’t made it into print. In that regard, I am prepared to talk in more detail if there are implications for your situation. Hopefully this will be of assistance to you in evaluating lawyers to represent you. Feel free to contact me with your questions. The best way is by email. Give me a synopsis of the question. Then, if we need to talk in more detail we can do that on a land line. My goal, as always, is to educate and inform. If enough people understand the truth, not the nonsense we have been hearing, we can do something about this. Just because a handful of people tried to steal all the money for them is no reason to let them continue or to let them illegally seize what could be as many as 15 million homes when the dust finally clears. Where they will live when their house is gone, how they will work when their job is gone, where they will learn when the school is closed, who will treat them when the clinic is shuttered, and what they will eat are the next wave of problems we will need to address. With what?
Governments at all levels have already spent the taxes that future generations have yet to pay…and there is nothing left. I’m the most upbeat, and positive person you will ever meet, but as a writer and researcher I believe one thing with every fiber of my being…we are headed for some unprecedented change and it won’t be brought about by politicians but by the unintended consequences of their complicity in Wall Streets attempt to steal anything that isn’t tied down.
The most recent announcements by the Bankstas should be seen as a clear signal that they will keep doing this until they are stopped.
The mood at the moment is that little will come of all of the probes and investigations but I do not know of any way that this can continue to be hidden.
Recent Comments