Mother Jones has a must read article. In it they not only detail what I have been telling you about foreclosure mills using phony documents to swindle courts and homeowners into allowing foreclosures, but they also blow the lid off of the origins of these practices. MY brain exploded when I read the following (we are still scraping bits of my medulla off the ceiling):
FORECLOSURE MILLS OWE their existence to Fannie Mae and Freddie Mac, the federally guaranteed entities that essentially created, beginning in 1968, the vast marketplace where loans are traded. Their mandate was to promote property ownership by making a large pool of credit available at affordable rates. They accomplished this by buying mortgage debt from banks and packaging it into bonds, which allowed investors to get in on the action. The banks responded to the demand by lending more money to their customers, and Fannie and Freddie’s combined mortgage portfolio exploded from $61 billion in 1980 to $1.2 trillion two decades later, according to the Government Accountability Office. Their dominance gave them the clout to rewrite rules for the mortgage industry—standardizing underwriting guidelines, loan documents, and the like.
Fannie and Freddie also reshaped the foreclosure industry. Their huge holdings meant they had to deal with thousands of foreclosures annually—even during periods when only a small percentage of loans were going bad. In the 1990s, the market expanded into subprime territory to feed the securitization beast, and borrowers began defaulting at increasingly higher rates. Hiring lawyers on a case-by-case basis was burdensome, so Fannie and Freddie put together a stable of law firms, prime contractors prepared to litigate large bundles of foreclosures quickly and cheaply. They urged these handpicked firms to bring in-house all of the related services—inspections, eviction notices, sales of repossessed properties, and so forth—or at least to retain a suitable subcontractor to handle the tasks. Thus emerged the foreclosure supermarket.
[emphasis in original]
Get this, the government entities, which are currently wringing their hands and saying they can’t persuade banks to write down principal amounts in mortgage modification , had absolutely zero qualms about setting up mortgage securitizations and creating foreclosure mills. If I were an congressional oversight or banking committee, I sure as hell would be hauling in the people who ran Freddie and Fannie in the period before the housing collapse and demanding some details. I would also be hauling in the people currently running Fannie and Freddie and demanding some new explanations in the face of this information which appears to impeach prior testimony on the Hill.
Really, go read the Mother Jones article, then email it to your congresscritter.
You know who funds Fannie and Freddie and has the US taxpayer on the hook for unlimited liability for their screw ups? Geithner. Yep, he can bail out bank CEO’s bonuses, but somehow can’t manage to convince those banks to permit write downs of principal in underwater mortgages. He can bailout Bonnie and Clyde Fannie and Freddie to an unlimited amount of taxpayer dollars, but can’t seem to stop them from organizing criminal frauds on the courts. He’s so powerless, you see.
In the meantime, "According to industry projections, millions of homes spiraling toward foreclosure are putting homeownership in jeopardy of its lowest level in 50 years, reports USA Today.”
Yes, Firepups, the brilliant Bush era policies, such as eliminating down payments, which he claimed would increase the number of families who owned their own homes, made millions in bonuses for bank executives, but had the net effect of DECREASING homeownership not only among the poor and disadvantaged, but also among regular middle class Americans. Those who work for a living have been swindled, and then have been unfairly maligned and blamed for the crisis by those same banks. And who was there for pretty much every minute of it? Geithner.
So, where do all these foreclosed houses go? You’d think a middle income family with a decent amount of down payment money saved up could get themselves a real estate bargain in this situation, right? Wrong.
There are well financed speculators buying up foreclosed properties, FOR CASH. They are able to outmaneuver individual buyers because they don’t have to arrange financing.
"Cash-happy investors have been scooping up these bargain basement deals at a fast clip, often before middle-income buyers can get financing," according to the Herald. The nest egg can’t compare to the deep pockets of developers, speculators and investors who can self-finance, especially in the wary world of mortgage lending.
-snip-
The real mystery is what the investors will do with the homes. Buyers tend to be more patient, willing to wait decades to see their home values appreciate, whereas investors prefer to see a quick return on investment.
I’ve got a few questions about that. Where is the money coming from to buy foreclosed homes in bulk? Even at the ridiculously low prices at a foreclosure auction, buying houses in batches take a lot of moolah.
Who are these speculators?
What do they plan to do with all these vacant houses?
Nobody commits that kind of money just for fun, somebody has a plan to score a big profit off the misery of evicted former homeowners. Any informed speculations you care to leave in the comments would be helpful in forming a hypothesis.
[Earlier posts in this series and related links at FDL's Foreclosure Fraud Resources]




12 Comments




Thanks Cynthia – recommended
If you have cash to buy a foreclosed house, then put a tenant in it, you should be able to get back out most of the cash investment. Then you have the cash to do it again. You just need enough rent to cover the note payment and taxes. It’s serial financing and the hope of self-liquidating property. When the market returns to normalcy, then you can sell for a capital gain.
Since these properties are ofte turned into POS by the departing owner, it helps to have a crew of illegal sheetroqueros to return them to rentable shape. I inspected one house that had a hammer-head sized hole,waist-high, in every section of wall in the house. All the appliances and ceiling lights/fans were gone. Another one, the owner (before he went to prison for appraisal fraud) had let his several large dogs spend a week or two locked in the house.
I do know of one outfit that has a captive mortgage office. They also have several agents scouring foreclosure postings to nab properties before they hit the block.
Some are hedge funds. They buy REO (foreclosed homes) in bulk & flip them.
Other are high net wealth investors.
I know several. Would you like an introduction?
Ironic isn’t it that it was the Repubs who wanted to address Fannie/Freddie in the ‘finreg’ bill?
Fannie and Freddie have morphed pretty far away from their original purpose
Great post, Cynthia, and I’m so glad you’ve done the series on the bursting of the real estate bubble. As a former real estate industry professional, I can tell you that, imo, you are providing a much needed service.
I totally agree with Stratocruiser and Synoia. The investors come from many different paths. They are real estate brokers who were smart enough and savvy enough to see the folly of investing when the bubble was so apparent, so now they have money to invest for a few years until the market comes back. And they are well aware of how to make the most of their investment. They are lawyers who were astute enough to see the handwriting on the wall and they also have hard cash to invest in the pot of gold at the end of the rainbow. They are doctors and other professionals who would rather invest in something that they can see, visit, take control of, rather than investing in some money market fund or mutual fund or 401K wherein all they get to show for their money is a piece of paper and quarterly reports purporting to show how well their investment is doing. They are the idle rich that got kinda dinged by their investments when the economy started heading south. Now that they feel the real estate market has hit its rock bottom, they know they can clean up after the dust settles in a few years. If you think about it, at this point, these homes and other investment vehicles (think apartment buildings, commercial properties, vacant land, etc.) are the most secure game in town, so to speak.
Oddly enough, I cannot understand the bank’s attitude in regard to writing down the principal on their foreclosures. They know the drill; they’ve been around this block before. Either they keep the properties on their books and pay maintenance, management, taxes and insurance on them until they can be sold, or they put them on the market and sell them for whatever the current market will bear, or they can fix them up and rent them out for less than what the mortgage payment was. In the latter case, they have to hold this under-performing asset until the market improves sufficiently to redeem all or most of the currently shattered market value of the property. Although the choices are hard, the fact remains that current market values have dropped and any current appraisal will show just how much, so the basis that the banks are showing on their books are just no longer valid. It is unconscionable to pretend that the properties they are getting back are as valuable as their initial loans portend. They created this mess; let them take their lumps for it, I say.
I try to Spotlight this and get server error — ??
Just curious, has anybody mentioned the bank paying several thousands of dollars to folks who have warned of their intention to file bankruptcy and leave the state after the foreclosure? Apparently the idea is, if they leave the house in good repair and “swept clean condition” (in other words, their not expecting a paint job or carpet cleaning), they’re willing to give the former owner $2,000 after an inspection. I know someone who did that, and met the inspector and received the check on the spot.
federal judges, FORECLOSURE MILLS, & Freddie Mac
In Louisiana (and probably in other States), Freddie Mac, Wells Fargo, Federal Court Judges, and Foreclosures Mill lawyers are engaged in various illegal foreclosure activities:
1) Foreclosure mill lawyers file into court records obfuscated money-making pleadings (summary judgments, etc) even when Freddie Mac is NOT party to the lawsuits. In so doing, those lawyers deceptively rake in billable $$$$ under pretext of representing Freddie Mac. Additionally, those mills facilitate use of Freddie Mac’s identity for purposes of causing litigations to become transferred (removed) from state court to federal court, when those lawsuits otherwise would remain in state due to lack of federal subject jurisdiction. Making this farce even worse is unjust “forum-shopped” federal courtrooms of which the federal judges know (it’s impossible to not know) those cases lack federal subject matter.
2) In blatant conflict of interest, some foreclosure mill lawyers obtain for themselves ownership of those properties; and these mills welcome litigation which adds billable fees. After their “simulated” property auctions, some mill lawyers actually bid and taken ownership of the properties, and then FLIP the property to Freddie Mac.
3) Wells Fargo (WF) benefits from real estate foreclosure schemes by filing false IRS (“acquisition”) form 1099-A’s, despite that WF never lawfully “acquired” some of those so-called foreclosed properties, which became foreclosed via either defunct mortgage lenders’ names or lenders’ names no longer own those notes.
4) See this foreclosure case filed under defunct Lehman Brothers as owner of the mortgage loan, while Wells Fargo also claimed ownership of that exact loan and sought the insurance proceeds for that Hurricane Katrina damaged property. (There are likely hundreds, thousands of suce Katrina insurance incidences!) http://www.lawgrace.org/2008/09/14/lehman-brothers%E2%80%99-mortgage-troubles-nationally-evidence-of-foreclosure-fraud-deception-and-conspiracy-with-wells-fargo-deceptive-judicial-filings/
Foreclosure mills are being unjustly enriched, and lenders and courtrooms are abetting –and sometimes benefitting from these fraudulent foreclosure schemes.
MORE:
Illegal Foreclosures & Evictions, Appalling Lender / Lawyer Abuses…
http://newsblaze.com/story/20091011141440lawg.nb/topstory.html
Lack of Legal Help: One More Way the Deck Is Stacked Against Homeowners
http://www.huffingtonpost.com/arianna-huffington/lack-of-legal-help-one-mo_b_310353.html
OPEN LETTER TO PRESIDENT OBAMA on Foreclosure Crisis
http://www.pr-inside.com/open-letter-to-president-obama-on-foreclosure-crisis-r1505916.htm
Try doing it from the seminal page instead of from the foreclosure page. This is a “static” page ad may not have the bells and whistled hooked up. I’ll ask the tech crew
What do you mean flipped to Freddie? Freddie provides liquidity in mortgage finance markeets by buying mortgates from originating banks. What is your source for suggesting that Freddie is holding actual houses? Iwould like to read that.
Cynthia,
It almost seems as though you are plugging for Freddie Mac and switching the subject of what I wrote, and appearing to ask ME a question, BUT you supply information that you want to be INCLUDED in my response. It also seems –by your incorrectly spelled words in such a short sentence– that you were too annoyed because of what I wrote about Freddie Mac to take the time and be clear on whatever you meant about “liquidity,” “buying mortgates,” and “originating banks.” (I’m really not interested, it has no relevance to what I posted above.) And whatever is supposed to happen regarding liquidity, buying, and originating doesn’t mean that is always the case.
As a registered poster here at seminal.firedoglake.com, I have posted MANY MANY statements about debt collection abuses, null foreclosures, Freddie Mac, foreclosure frauds, and posted links to my website more than corroborate my claims (of which I have been blogging about for almost 5 years). I believe if you really wanted to question me / if you really wanted proof and evidence (to help people?) you would contact my email address directly where you would be certain to reach me. Instead, it seems like you purposed to discredit (but you cannot) what I said. Moreover, I have no incentive to provide one-on-one-MERE-CURIOSITY INFORMATION, that will equally enable wrongdoers to cover their tracts; even worse, is the danger of unprotected whistleblowing!
HOWEVER, what I wrote and what I meant by saying certain foreclosure mills fraudulently FLIP property is this: ANYTIME foreclosures are carried out via non-existent entities and property deeds becomes created in names the of non-existent entities (but living human beings are performing those acts), thereafter properties wound up becoming owned by Freddie Mac, such is a description of fraudulent foreclosure and fraudulent real estate flipping; and such could EASILY be some of the situation with the David J. Stern firm! *If I cared to be generous to Freddie Mac, but I need not be since Freddie Mac ignores the harm it creates by having NO SAFEGUARDS against multiple types of frauds!!!! and throwing distressed borrowers to wolves!!!, I might add that in some instances, Freddie Mac may not even know it has dirty titles; however, in some instances, Freddie looked the other way!!