Putting mortgage trustees under the microscope

I’m going to offer several facts, then I’ll ask a few questions.

  • Many states allow foreclosures to occur entirely outside of the court system. In these “non-judicial” foreclosure states, a “trustee” is deemed to be a “neutral” party charged with the duty to make sure that the foreclosure process is fair.
  • Since 2008, U.S. banks have foreclosed on more than 10 million families. About half of these have been non-judicial foreclosures supervised by trustees. Trustees are appointed by the banks at the time homeowners take out their home loans. These trustees are strangers to the homeowners, but highly paid repeat-player legal advocates for the banks.
  • Many foreclosures occur despite the fact that homeowners are disputing whether the foreclosure should occur at all. In many of these cases, the homeowner claims that he or she has made all mortgage payments timely, indicating that the bank has lost or misallocated the payments. In significant numbers of these cases, the homeowner has offered written proof that he or she has made every mortgage payment on time. In other cases, the bank unjustifiably added charges to the bill (such as forced-place insurance, even though the home-owner already has insurance) and the homeowner refuses to pay these bogus charges. On other occasions, the bank has mangled the accounting, giving the homeowner no confidence that the bank has any idea of what is owed or what has been paid.
  • I have seen each of these situations in cases I’ve handled. Despite knowledge of each of these problems, the “neutral” trustee in each of these cases nonetheless proceeded with the foreclosure.
  • On occasions too numerous to count, homeowners facing unjustified foreclosures had turned for help and advice to these supposedly “neutral” trustees, calling them up and asking questions. In many of these cases, the trustees gave the customer terrible legal advice—advice that was helpful to the banks and harmful to the homeowners. In many cases, the trustees gave the homeowners no advice at all, indicating that the customers should simply pay the banks unwarranted late fees and back interest, or else lose their homes.
  • Many “trustees” are also law firms (consumer advocates refer to them as “foreclosure mills”), who in addition to falsely claiming that they are “neutral trustees,” also serve as attorneys in fact to the banks. [More . . . ]

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Business as usual at J.P. Morgan Chase

Nothing has changed for the better at J.P. Morgan Chase, as described by Matt Taibbi. It's clearly time to break up the big Wall Street banks.

If you can fight through the jargon, what this basically means is that Chase decided to go into the fiction business and invent a new way to value its crazy-ass derivative bets, using, among other things, a computerized model the company designed itself called "P&L predict" which subjectively calculated the value of the entire fund toward the end of every business day. If this all sounds familiar, it's because it's the same story we've heard over and over again in the financial-scandal era, from Enron to WorldCom to Lehman Brothers - when the going gets tough, and huge companies start to lose money, they change their own accounting methodologies to hide their screw-ups, passing the buck over and over again until the mess explodes into the public's lap. The difference is that Chase is a much bigger and more dangerous company to be engaging in this kind of behavior. An even scarier section of the report regards the reaction of the Office of the Comptroller of the Currency, or OCC, the primary government regulator of Chase. The report exposes two huge problems here. One, Chase consistently hid crucial information from the OCC, including the sort of massive increases in risk the OCC was created precisely to monitor. Two, even when the bank didn't hide stuff, the OCC was either too slow or too disinterested to take notice of potential problems.

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How the Swiss handle corporate fatcats

This from The Economist:

PUBLIC wrath at the widening gap between packages awarded to company bosses and the average citizen’s take-home pay resounded through Switzerland on March 3rd. Voters there overwhelmingly backed an initiative to give shareholders of Swiss listed companies a binding say on executive pay and an annual right to vet board appointments. Other sanctions would forbid the award to executives of severance packages, side contracts, and rewards for buying or selling company divisions. The penalty for infringements could be as much as three years in jail, or the forfeit of up to six years’ salary.

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Big banks complicit with online payday lenders.

Big banks are providing the funds for online payday lenders. This story from the NYT is not the least bit surprising, not that it makes this article any less disturbing.

While the banks, which include giants like JPMorgan Chase, Bank of America and Wells Fargo, do not make the loans, they are a critical link for the lenders, enabling the lenders to withdraw payments automatically from borrowers’ bank accounts, even in states where the loans are banned entirely. In some cases, the banks allow lenders to tap checking accounts even after the customers have begged them to stop the withdrawals.
The article indicates that without the backing of the big banks, many of these payday lenders would cease to exist.

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