
A Truckload of FAIL (photo: beatefirlinger, flickr)
That’s a pretty startling headline, isn’t it? Yet, that was the conclusion reached by study of 400 foreclosure files commissioned by San Francisco County assessor-recorder Phil Ting. You can read the data in a report authored by the auditors called “Foreclosure in California- A Crisis in Compliance.” It’s only 21 pages long and written in plain language. You should read it, if only for common sense language like this:
Given these well-documented and widespread origination and servicing issues, it is not implausible that there are homeowners who are alleged to have defaulted on loans to which they never fully agreed to and, further, are being foreclosed upon by lenders that might not even own such loans. The fact that these homeowners borrowed something, on some terms, from someone should not be enough to rob them of their due process right.
Gretchen Morgenstern at the NYTimes is all over this story. She writes:
In a significant number of cases — 85 percent — documents recording the transfer of a defaulted property to a new trustee were not filed properly or on time, the report found. And in 45 percent of the foreclosures, properties were sold at auction to entities improperly claiming to be the beneficiary of the deeds of trust. In other words, the report said, “a ‘stranger’ to the deed of trust,” gained ownership of the property; as a result, the sale may be invalid, it said.
Wow, let that sink in for a minute, “a stranger to the deed of trust gained ownership of the property.” Maybe I should have used that for the headline.
This is not the first time an audit has produced these kinds of results. Law Professor Katherine Porter conducted a similar survey of 1700 mortgage foreclosures in the context of bankruptcy court proceedings. She published her findings in a law review article in the University of Texas Law Review back in 2008. She found:
Using original data from 1700 recent Chapter 13 bankruptcy cases, I conclude that mortgage servicers frequently do not comply with bankruptcy law. A majority of mortgage claims are missing one or more of the required pieces of documentation for a bankruptcy claims. Fees and charges on claims often are poorly identified and do not appear to be reasonable. The bankruptcy data reinforce concerns about the overall reliability of the mortgage service industry to charge homeowners only the correct and legal amount of the debt and to comply with applicable consumer protection laws . . . . . . . . The data also reinforce concerns about whether consumers can trust financial institutions to adhere to applicable laws. The findings are a chilling reminder of the limits of formal law to protect consumers. Imposing unambiguous legal rules does not ensure that a system will actually function to safeguard the rights of parties.
The more recent California audit which covered foreclosure sales from January 2009 to November 2011, demonstrates that the foreclosing banks have not even begun to clean up their act. The NYTimes piece quotes: “Kathleen Engel, a professor at Suffolk University Law School in Boston said: ’If there were any lingering doubts about whether the problems with loan documents in foreclosures were isolated, this study puts the question to rest.’ ”
This is further proof, as if we needed any, why the 50 state AG settlement is dumb as a rock. Isn’t it strange that the actual details of that settlement have not yet been published? You don’t suppose the settlement is falling apart, do you?



41 Comments

Katie Porter is the next Elizabeth Warren: smart and doesn’t take crap from idiots.
So, if the Justice Department would prosecute these criminals and send them to jail, the unemployment rate would go down significantly. Win-win.
“You don’t suppose the settlement is falling apart, do you?”
Ah, if only it were so. But, alas, I suspect the real reason that the deal hasn’t been finalized on paper yet is that they are working out the escape language. You watch: the agreement will appear to be okay in many respects, but when push comes to shove, Eric The Sellout, Biden, etc., will be “astonished” to discover that careful parsing of some obscure phrases will enable the banks and servicers to get total immunity. Thereupon Eric the Sellout et al will engage in a great public rending of garments over their angst at not being able to go after the wrongdoers.
There seem to be a cadre of women consumer law professors who vet each other’s work and produce some really pertinent stuff. They deserve a higher profile.
Ah, but there’s the rub – they’re women.
I can’t believe I’m saying this in 2012, but just look at the hearing this morning on “not-about-reproductive-rights-but-Catholic-men’s-rights” in Issa’s committee – not one woman allowed to appear. The single minority witness agreed to, then rejected, because she would testify about the effect of allowing religious bigotry to trample health care rights.
All men.
The so-called liberals on tv having discussions on the same topic with panels of…all men. Catholic men, yet, who couldn’t get over their indoctrination that the Church’s wishes override everything and everyone else.
We’re heading back to the Dark Ages in every sphere.
I couldn’t be more furious.
Documentation fraud and misrepresentations to the court certainly looks more and more like features of the mortgage industry rather than bugs.
You’re being too kind, Cynthia.
In fact, I kind of wish the AGs were MORE rock-like — you know, solid, immovable, and unyielding.
Dark ages indeed.
On the plus side, I hear the random and occasional “witch”-burning will be televised on a reality TV show.
Thanks.
You and David really “bring home the bacon”.
It’s so sad and outrageous.
85%? WTF?
The entire system is corrupt. Anyone who buys those homes, … did they really buy them? Or will they find out years later that their papers are fraudulent?
It’s utterly insane.
There was a time that women were the moral backbone of this country. I remember when Hugh Sloan was subpoaened to testify before the Watergate grand jury. His wife told him that if he perjured himself, she would leave him. He told the truth.
We still have some women like that, including Jane and Cynthia and a few others here, but sadly, not enough of them. Or not enough of them in positions of power, visibility, and influence.
That is the oe thing that I cannot believe they are willing to kick down the road. That kind of uncertaintiy about a family’s biggest asset is going to hinder economic growth for, what ? a decade? A generation?
This is madness
We can only hope.
The pony and unicorn can come later.
A decade? A generation?
Longer?
I mean the whole thing makes no logical sense.
We had a system that worked with local holding of the appropriate paperwork. But because they didn’t want to pay the fees and, let’s be honest, they wanted to play fast and loose with this, the whole system is utterly useless.
They can’t even do a bloody spreadsheet properly without massive fraud. Innovation my azz.
The real problem is they can kick it down the road but then sooner or later it will self destruct. At which point they get bailed out again.
I want to know whether this “settlement” will effectively kick out of court these lawsuits by local people and officials on the grounds that the issue has already been resolved by the settlement?
If the banks don’t hold valid deeds to the collateral on their defaulted loans, then they are insolvent. Right?
Surely this ad-hoc committee codpiece panic is backlash for the recent Kober/Planned Parenthood embarrassment.
It’s very significant that Jill Abramson is now the executive editor of the NYT, first woman ever.
85%………That seems like a lot!!!!! That’s almost 3/4.
Well done Cynthia.
My first grade girlfriend was named Cynthia.
Why is the public allowed to remain ignorant of Holder’s and Breuer’s ties to the law firm that OK’d the MERS system? How can such a horrible thing be ignored?
We need a blimp!
Math is hard, Not just for girls anymore, apparently lol. Got abacus?
No, just a car in the Daytona 500…….
Ooooh, a car AND a blimp!!!!
Man, I like the way you think!!!!
I’m not just a pretty face. I’m WAAY smarter than most people think.
I always had trouble with fractions. But check this out…..
Pythagorean Theorem: The square on the hypotenuse of a right triangle is equal to the sum of the squares of the other two sides.
‘in a land thats known as freedom how can such a thing be fair’ g. nash – chicago
CCC cover in advance of #chicagospring… http://acmeartscollective.com/acmerecords/2012/02/12/chicagospring/
singing -
‘won’t you please come to chicago, no one else can take your place’
Only in a vacuum. The laws of geometry and trig require that no two points can occupy the same place. Therefore, the ends of a triangle’s line segments do not meet, though they come ever-so close. So there really is no such thing as a triangle except theoretically.
Coincident does not exist?
Tell that to my insurance company. They have a different view.
Why would anyone put a “square on the hypotenuse” anyway?
I certainly agree. And I won’t even comment on how low that particular bar might or might not be lol.
What the WHAT?!
Shit, no wonder the banksters are so eager to get their Get Out of Jail for Only $2000 per Forged Signature Card.
Given all that has been said so far, even if one would want to buy a house and could get a mortgage to buy a house – this would make one more than a bit squeamish about the deed and the seller.
And I don’t even want to think about rentals.
Don’t bet on it.
Presuming the purported “settlement” is actually actual and soon to be legally implemented, I ask:
Could there be a more clear example of the evolving reality that corporations are more powerful than nation-states?
thanks, obama, cuz, warlords, here we come…how long until Blackwater (Xe) gets into the real estate business?
Since we haven’t seen the language of the settlement, we have to go by the press releases which claim that individual homeowners can still bring suit and agrue about the robo signing.
But until we see the actual language we cannot be sure of anything
Yep
Dude, 85% is more than 3/4s.
3/4′s is only 75%.
Another Crosby Still and Nash fan, eh?
A couple years ago the Inns of Court for the Federal Bar Council did a re-enactment of the Chicago Seven trial, and they had that song playing over the sound system as you entered the courtroom. T’was brilliant.
Our society is reminding me more and more of the premise behind Max Headroom.
http://en.wikipedia.org/wiki/Max_Headroom_(TV_series)
Cynthia,
I hope there is some way to get a second post up about this. You address important, factual concerns which should be central to whether there should even be a settlement.
This post deserves hundreds of comments and traffic.
If we are headed to a Max Headroom-like world, I want to be a Blank.
What it deserves is the turning out of the corrupt politicians both candidates and incumbents of both major parties. What is deserves is the investigation, indictment, and conviction of the banksters and fraudsters who have brought this situation upon the people. What it demands is an end to pragmatism and the return of justice, though the heavens fall!
sweet!
wont U please come to chicago, Ms Kouril? were planning another campout this may – NeolithicAsshatsTakingOver…
time to Gener8 some positive push back !
the revolution is (always) here “and you know its right”
http://acmeartscollective.com/acmerecords/2011/11/07/civilian-conservation-corps-something-for-the-occupiers/