Matt Taibbi reports from his front row seat at a foreclosure court trial docket

Matt Taibbi's newest article should be required reading for anyone who wants to support the desires of banks to expeditiously foreclose on home loans. Taibbi showed up at a Florida foreclosure docket to give an insider's view. You will be amazed at the conduct of the judge (it is described toward the end of Taibbi's article). Here's the link: Courts Helping Banks Screw Over Homeowners: Retired judges are rushing through complex cases to speed foreclosures in Florida. Here's an excerpt:

At worst, these ordinary homeowners were stupid or uninformed — while the banks that lent them the money are guilty of committing a baldfaced crime on a grand scale. These banks robbed investors and conned homeowners, blew themselves up chasing the fraud, then begged the taxpayers to bail them out. And bail them out we did: We ponied up billions to help Wells Fargo buy Wachovia, paid Bank of America to buy Merrill Lynch, and watched as the Fed opened up special facilities to buy up the assets in defective mortgage trusts at inflated prices. And after all that effort by the state to buy back these phony assets so the thieves could all stay in business and keep their bonuses, what did the banks do? They put their foot on the foreclosure gas pedal and stepped up the effort to kick people out of their homes as fast as possible, before the world caught on to how these loans were made in the first place. . . . When you meet people who are losing their homes in this foreclosure crisis, they almost all have the same look of deep shame and anguish. Nowhere else on the planet is it such a crime to be down on your luck, even if you were put there by some of the world's richest banks, which continue to rake in record profits purely because they got a big fat handout from the government. That's why one banker CEO after another keeps going on TV to explain that despite their own deceptive loans and fraudulent paperwork, the real problem is these deadbeat homeowners who won't pay their fucking bills. And that's why most people in this country are so ready to buy that explanation. Because in America, it's far more shameful to owe money than it is to steal it.

Continue ReadingMatt Taibbi reports from his front row seat at a foreclosure court trial docket

Good questions for Bank of America

Dan Froomkin summarizes the antics of Bank of America. William K. Black has a lot of unanswered questions for Bank of America.

Black, writing alone, also corrected President Obama’s assertion during his interview with Jon Stewart, that chief economic adviser Larry Summers had done a “heckuva job.” Summers did not resolve the financial crisis, Black wrote, he just papered over the problem. In another solo effort, Black warned that papering over the problem will actually increase the total cost of the crisis in the long run, and he concluded that “the administration's banking policies have attained the terrible trifecta: terrible economics, terrible ethics, and terrible politics.”

Continue ReadingGood questions for Bank of America

William Black: Stop the banks. Indict the banksters.

Wire fraud and mail fraud are extremely serious federal crimes. Thousands of people who have perpetrated fraud through the mail or through telecommunications of any sort have been sent to prison for up to 20 years.  The U.S. Department of Justice warns that prosecution of wire fraud is not always merited, however. Prosecutorial resources should not be expended where fraud is a small piddling crime. For example:

Prosecutions of fraud ordinarily should not be undertaken if the scheme employed consists of some isolated transactions between individuals, involving minor loss to the victims, in which case the parties should be left to settle their differences by civil or criminal litigation in the state courts. Serious consideration, however, should be given to the prosecution of any scheme which in its nature is directed to defrauding a class of persons, or the general public, with a substantial pattern of conduct.
What, then, should we make of the decision by the biggest banks in the United States to spew millions of lies through the mail in the zealous attempts to kick people out of their houses?  Everything about this bank fraud meets the test for serious fraud.  Not isolated.  Not between individuals.  Not involving minor losses to victims.  The victims, for the most part, cannot settle their differences by litigation because they have been put into desperate financial situations by the lenders, working hand-in-hand with the bank.  And yes, this scheme is directed to defrauding a large class of persons, and the general public is going to suffer the consequences of this "substantial pattern of conduct," namely, the large tracts of foreclosed homes in their neighborhoods. Note too, that the federal fraud statutes kick up the penalty to up to 30 years in prison "if the violation affects a financial institution."  Of course, the politicians and bank are going to argue that the increased penalty only applies if the institution is the victim. Then maybe it's time to pull out that wonderful quote by Anatole France:

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

In steps bank regulator/investigator William Black, into the fray.  Black is one of the few nationally prominent voices I completely trust with it comes to the conduct of banks over the past few years (and yes, decade).  Here is the solution Black offers, one that politicians are going to choke on because the banks own Congress.

S&L regulators, criminologists, and economists recognize that the same recipe that produced guaranteed, record (fictional) accounting income (and executive compensation) until 2007 produced another guarantee: massive (real) losses, particularly if the frauds hyper-inflated a bubble. CEOs who loot "their" banks do so by perverting the bank into a wealth destroying monster -- a control fraud. What could be worse than deliberately growing massively by making loans likely to default, converting large amounts of bank assets to the personal benefit of the senior officers looting the bank and to those the CEO suborns to assist his looting (appraisers, auditors, attorneys, economists, rating agencies, and politicians), while simultaneously providing minimal capital (extreme leverage) and only grossly inadequate loss reserves, and causing bubbles to hyper-inflate?

This nation's most elite bankers originated and packaged fraudulent nonprime loans that destroyed wealth -- and working class families' savings -- at a prodigious rate never seen before in the history of white-collar crime. They created the worst bubble in financial history, echo epidemics of fraud among elite professionals, loan brokers, and loan servicers, and would (if left to their own devices) have caused the Second Great Depression.

Nothing short of removing all senior officers who directed, committed, or acquiesced in fraud can be effective against control fraud. We repeat: Foreclosure fraud is the necessary outcome of the epidemic of mortgage fraud that began early this decade. The banks that are foreclosing on fraudulently originated mortgages frequently cannot produce legitimate documents and have committed "fraud in the inducement." Now, only fraud will let them take the homes. Many of the required documents do not exist, and those that do exist would provide proof of the fraud that was involved in loan origination, securitization, and marketing. This in turn would allow investors to force the banks to buy-back the fraudulent securities. In other words, to keep the investors at bay the foreclosing banks must manufacture fake documents. If the original documents do not exist the securities might be ruled no good. If the original docs do exist they will demonstrate that proper underwriting was not done -- so the securities might be no good. Foreclosure fraud is the only thing standing between the banks and Armageddon.

I should add that there are many cases where foreclosure is perfectly appropriate.  On the other hand, there are hundreds of thousands of cases where disreputable loan originators such as Ameriquest and Countrywide systematically lied to borrowers, sticking them into loans that the borrowers had no hope of paying off when the hyper-charged "adjustable rate mortgage" came into effect two or three years later.  Add in the deceitful "yield spread premiums," hidden fees and the many lies about prepayment penalties, and you've got enough fraud to fill the courts of this land for many years to come, where banks who foreclosed based on these shameful scenarios should be punished and forced to make amends to the homeowners.   That is what should happen.

Continue ReadingWilliam Black: Stop the banks. Indict the banksters.

An outrageous prediction regarding millions of illegal foreclosures conducted by banks

We now know that many of the “foreclosure experts” who were signing many thousands (perhaps millions) of affidavits that allowed banks to kick delinquent homeowners out of their homes were utterly unqualified to understand the sorts of technical information they were spewing while under oath. In short, the banks were allowing and requiring incompetent employees to lie under oath in order to allow foreclosures to go forward:

In an effort to rush through thousands of home foreclosures since 2007, financial institutions and their mortgage servicing departments hired hair stylists, Walmart floor workers and people who had worked on assembly lines and installed them in "foreclosure expert" jobs with no formal training, a Florida lawyer says. In depositions released Tuesday, many of those workers testified that they barely knew what a mortgage was. Some couldn't define the word "affidavit." Others didn't know what a complaint was, or even what was meant by personal property. Most troubling, several said they knew they were lying when they signed the foreclosure affidavits and that they agreed with the defense lawyers' accusations about document fraud.

Even under the assumption that many or most of these homeowners were actually delinquent, this is incredibly disturbing. Richard H. Neiman, New York's top bank regulator and a member of the Congressional Oversight Panel, a federal bailout watchdog, has expressed concern:

"In recent days, it has become apparent that a number of mortgage loan servicers have submitted affidavits or other foreclosure documents that appear to have procedural defects," the Conference of State Bank Supervisors said in a statement. "In addition, many affidavits may have been signed without a notary public being present.

NPR has provided a more detailed description about the kind of people who served as “robo-signers”:

ARNOLD: [T]his GMAC employee told him that even though he was supposed to be certifying the accuracy of the documents in a homeowner's file... Mr. COX: He said he that doesn't look at them. He doesn't bother to go search them out in the computer to look at them. ARNOLD: And Cox said the sheer volume of foreclosures appeared to make doing a thorough job impossible. Stefan testified he's signing between eight and 10,000 documents a month. Mr. COX: That works out to be about one a minute. Some of those loan files contain a hundred or more documents. ARNOLD: Housing advocates call employees like this robo-signers. They say they barely have a chance to glance at all the documents that they're asked to sign.

These fraudulent foreclosure cases are hitting the courts all over. And they should, because many of these homeowners were lied to on the way in (about "yield spread premiums" and exploding ARM's and hidden penalties), and now they (and the courts) are being lied to on the way out. In fact, based on my personal experience as a consumer lawyer, the lies on the way in, and the shodding servicing, led to the foreclosure. Here’s a synopsis of a lawsuit filed Oct 1, 2010 by Center for Responsible Lending:

Five Maine residents filed a complaint today against GMAC Mortgage, LLC (GMAC) on behalf of themselves and a class of Maine homeowners, alleging that the company routinely and systematically files false certifications that it has a right to foreclose on Maine homeowners, and false affidavits when asking courts to enter foreclosure judgments.

The homeowners complain that GMAC files these false documents knowing that the courts in Maine will rely on them in deciding whether foreclosures can go forward and in allowing GMAC to sell their homes. Depositions of GMAC employees revealed that they do not verify the truth of information necessary to give GMAC the right to foreclose when they sign these court documents and that these improper practices have been in place since at least 2004.

This situation is horrendous. It justifies impolite synonyms for banks: house-jackers. Banksters. If you cringe at this language and consider it overbroad, ask yourself whether "innocent" bankers knew of this problem and whether they often discussed it at the country club with the evil bankers. And they didn't step up and report it. Consider also that the banks so often preach the importance of the “letter of the law” when slapping huge fees and penalties on home-owners, even when the homeowners are only a day late with their payments. Now here are those same banks, absolutely unable to establish a chain of title necessary for a foreclosure, but they utterly don’t give a rat's ass about the letter of the law, because this archaic rule (letter of the law) is now a burden to the banks. From the perspective of the banks, the solution to the problem that they can't figure out how to establish their case in the context of the convoluted system that they themselves created, is to systematically lie under oath. Over and over and over. And now that the banks have been caught by the national media, and because the media is paying attention, the politicians also need to pay attention to this problem, and everything has become awkward for the banks. Very Inconvenient. They might have to pay big money to send thousands of lobbyists to Congress to fix this problem. And then they will have to jack up their rates and penalties and other tricks and traps to pay for those lobbyists. [More . . . ]

Continue ReadingAn outrageous prediction regarding millions of illegal foreclosures conducted by banks

Not charities

This. Is. Infuriating. If you follow the link, you'll see that Bono's "charity" collected $15M to help starving African children but only distributed 185K. The lion's share of the money it collected was for the executives and employees and the charities, not the cause for which donors gave the money. To make things worse, this "charity" tried to entice donors to help out by handing out $15 bags containing Starbucks coffee and designer water bottles. This should be criminal. It happens in charities small and large. Not all charities, but many of them. And how did it ever get to be acceptable that in order to convince me to give money to a charity, that that charity should first give something to me? Classic case: Girl Scout cookies. If you are approached to give to most internet causes, you are asked to decide what GIFT you'd like as part of the deal. Coffee mug? T-Shirt? Musical CD? I understand Robert Cialdini's finding that reciprocation is a great way to manipulate a potential donor:

Reciprocation. People are more willing to comply with requests (for favors, services, information, concessions, etc.) from those who have provided such things first. For example, according to the American Disabled Veterans organization, mailing out a simple appeal for donations produces an 18% success rate; but, enclosing a small gift–personalized address labels–boosts the success rate to 35%

On the other hand, how refreshing it is (in the rare cases) where you are convinced to give to a charity simply because it seems to be doing a good job, and where there's nothing in it for you (other than the fact that you are displaying to others that you are a generous person). Maybe there is no such thing as altruism . . .

Continue ReadingNot charities