The object of this diary is twofold: a) to show that Dylan Ratigan at MSNBC does in fact cover the issues of the banking and fraudclosure travesty; and b) to simplify some of this for financial neophytes like myself. It’s increasingly important that more of us learn what’s going on, and what’s at stake as these issues are either papered over or systemically made right for people, not for banks. I’m sure that the things I have gotten wrong here, you will let me hear about. ;o)
A bill to legalize electronic ‘robo-signings’ that legitimized electronic notarizations of fuzzy or fraudulent documents attempting to prove clear title to mortgages prior to foreclosure proceedings was recently passed unanimously in both houses of Congress. When consumer groups and Elizabeth Warren discovered the implications of the law, they lobbied the President hard, and he refused to sign the bill.
A company known as MERS had been created by the big banks dealing in mortgage-backed securities (MBS’s) to keep an electronic database of the chopped-up mortgages that were bundled for sale, and in most cases found to be based on asset bubble prices that bore no relationship to reality.
When the housing bubble burst, these bundles were found to be close to worthless, but their losses were absorbed by the Federal Reserve to the tune of trillions of our tax dollars, which was advertised to us as a mere $700 billion delivered in two waves, the first wave occurring while Bush was still President, the second, once Obama was in office. As we know, the Fed’s massive buying of toxic bundled mortgages allowed the Big Banks to appear more solvent; Wall Street was happy, so the stock market got happier, corporations posted huge profits…you know the other side: pensions lost value, millions lost jobs, people got behind on mortgage payments, lost their health insurance, etc. . . .
TARP oversight chairman Elizabeth Warren conducted investigations early on into the world of derivatives, and found that part of the beauty of them for the banks was that they were designed to be confusing and opaque; regulation would have been difficult, i.e., easy for regulators to gloss over. Loads of subprime loans could be mixed with a few healthier notes, and the bundle could still get a AAA rating from the agencies.
As foreclosures on homeowners increased, consumer groups studying the problem found that often times the entity initiating the foreclosure on a particular home essentially was often unable to produce the actual mortgage note. Digging deeper, they found all sorts of irregularities, including that often the same mortgage may have been sold multiple times, so that multiple entities might be claiming foreclosure rights. Homeowners sometimes found that they were making payments to the wrong banks all along, or if they had gone through the HAMP program to seek relief with a lowered payment schedule or principal reduction, even while making their new payment schedules, foreclosures were proceeding nonetheless.
At the same time, county clerks began complaining that properties weren’t being registered in their local offices (so-called ‘wet-ink recording’), bypassing recording fees that added up to some big bucks for their local budgets. Some counties asked for investigations from their State Attorneys General. The original complaints were mainly about MERS and the bypassing of fees, but when the AGs dug into the problem, they found much wider abuses had been at work.
Ted Kaufmann finally held hearings. He is now the head of TARP, and he conducted hearings under the auspices of the Congressional Oversight Panel. Here is the video report he issued at the conclusion of his investigation. It’s worrisome at the lowest level of potential scams; at its upper reaches, it’s horrific, and could amount to trillions of dollars worth of either questionable or fraudulent mortgages. Kaufmann urges Treasury and the bank regulators to run new stress tests on the banks to discover the amount of their exposure. Given that all the Big Banks passed Geithner’s stress tests post-bailout, one might wonder about the strength of those tests.
Some economists have discussed the possibility that banks might be forced to buy back many of the mortgages, or ‘put-backs’; others claim that bills have been written and will be introduced soon in Congress that will essentially retroactively validate the MERS-generated affidavit-based mortgages, many of which seem to have had no original note transferred as the mortgages were conveyed down the line. It is, as they say, a bloody mess. The CNBC report I linked to above has this from ‘self-styled consumer advocate’ Neil Garfield.
Complicating things further, the millions of mortgages and deeds being possibly fraudulent or clouded will cause instability in the real estate markets, as well as undermine the entire fabric of Property Rights as the basis of Capitalism in the Republic.
Many have said that contract law in America is now dead, and that attorneys will be busy for decades sorting it all out.
For average Americans, home ownership has generally become a large piece of their security for old age; without it, millions might be forced to face post-retirement in fear, insecurity and poverty. Many others may fear to purchase a house if the chain of ownership is clouded; I can’t think how ordinary title insurance might be affected.
Yves Smith at nakedcapitalism.com thinks ‘MERS Should Be Taken Out and Shot’, but doesn’t quite buy Garfield’s information on Congressional remedy.
Keep your eyes peeled for convenient fixes of the problem FOR THE BANKS. There would be another case made that the banks simply can’t afford to take the massive hits that would be fair if there were any consideration of the term moral hazard, which, as we know, is now simply a quaint term from the days of yore.
That Kaptur’s bill to fund a thousand more investigators for the crisis failed is telling; I can’t find the vote as it hasn’t been posted yet at House.gov. Her bill to prevent Fannie and Freddie from buying more MERS-involved mortgages will likely die the same death.
(cross-posted at dagblog.com)



118 Comments

a bill to fix MERS for the banks sadly sailed with sinister speed through the legislative process of both houses of congress.
Obama vetoed it.
http://www.theolympian.com/2010/11/17/1443483_house-sustains-obama-veto-on-mortgage.html
The lamestream media gave Obama exactly no credit for doing this. I’ve heard that MERS allowed multiple banks to claim ownership.
did you read the Taibbi piece?
http://www.rollingstone.com/politics/news/17390/232611?RS_show_page=0
Thanks, good analysis.
That property ownership that passed through the mortgage stage in late years is now seriously doubtful has undermined – as you mention – a major retirement plan or security of huge number of households. It makes me all the more appalled to hear our ‘economics authorities’ demanding that consumers step up to the plate and Go Shopping on the fear that they are undermining the economy and the employment scene. Meanwhile, business making record profits means nothing in terms of its responsibility, in the scenario of those ‘authorities’.
Some more financials reading (it’s in “concentrate” form so go after it with a cup o’ tea):
‘A “Who Is Who” Of Countries About To Fund The IMF’s Bail Out Of Europe’ by Tyler Durden, Nov. 27, 2010 (link: http://www.zerohedge.com/article/who-who-listing-countries-will-fund-imfs-bail-out-europe )
‘Sean Corrigan Explains The Rules Of The “Multi-Trillion Shell Game” And What To Expect Next” by Tyler Durden, Nov. 27, 2010 (link: http://www.zerohedge.com/article/sean-corrigan-explains-rules-multi-trillion-shell-game-and-what-expect-next )
The veto override fail was about the robo-signing notarizatons. The greater acceptance of MERS faux documents as a new standard is yet to come; or NOT; we’ll see. Something will be done, IMO. The Banks won’t be up for major hits and responsibility; the potential is gargantuan.
I’ll have to read the Taibbi piece later, but there was a great term coined for the speed at which the judges okayed crap foreclosures, sometimes 50 a day, or an hour, or some other ghastly speed. Rocket dockets! That was it!
This is a mess that is very likely to get bigger. It seems unlikely that the courts are going to just sit back and allow it to be swept under the rug. The problem that blew up the global banking system two years ago was the muddle of the mortgage backed securities and related derivatives. If it turns out that they are unable to establish legal title to the underlying mortgages, it could blow the lid off that nasty pot again.
1. Jane, thanks for the book salon with Matt Taibbi.
2. Please front page this diary. Please! Please!
3. Have a petition and StrangeBedfellows effort to restore and protect property rights and contract law and address the big bank fraud. This needs to be the biggest effort to date.
4. Marcy Kaptur for President (Kapture/Warren ticket)
5. Please sponsor Inside Job FDL viewing nights across the country.
And many believe this ‘new’ crisis, and the coming manufactured bond crisis, will effectively work to allow ourselves to be bullied into taking hits on social safety net payments. Even the ones to which we have paid all our bleeding working lives!
I’d wager that any fix to come that makes Wall Street appear solvent would be passed in a Milwaukee minute; makes me wonder how many Dems actually believe in trickle-down economics by now. How will we ever jettison neo-Liberal economics and the IMF?
“Inside Job” viewing nights could start in Columbus and Cleveland, Ohio at the Drexel and Cedar Lee Theatres.
http://www.drexel.net/beta/index.php?option=com_content&task=view&id=651&Itemid=29
http://www.clevelandcinemas.com/cinemadrilldown.asp?intCin=2921
Please move quickly, the movie is having a short run. In Cleveland it leaves around Dec 2.
Ooooh, thanks, mzchief. I’ll read. I like http://michael-hudson.com/ and http://www.creditwritedowns.com, too.
And it is showing at the Esquire Theatre in Cinci:
http://www.esquiretheatre.com/
Yves Smith at nakedcapitalism has a piece that all 50 states AGs are pushing hard, but I confess I didn’t grasp the entire piece; I was in a bit of a hurry putting this together. But if Congress passed a law that ‘fixed it’, AND said, as in the Commodity Futures and Modernization Act, that states could not regulate on their own, wouldn’t it act as being swept under? I hope you’re right, but it’s hard not to become ever more cynical about the lengths our government will go to in order to protect Capitalism supported by Taxpayers. Grrrrr!
It may be an effort made by the wingnuts, but with so many of us now living on our earned security, I don’t think that will get far.
w(orst president) tried it and got beaned.
Thanks for the links and the rec, klynn. Good idea! This really is crucial.
The phrase should be:
– “…corporate media gave Obama exactly no credit….”
Corporations, today, generate corporatist propaganda. Media employees do what they are told to do. This is an example of manipulating consumer/voter emotions.
The aims of these tactics are related to targeted Ad Biz demographics, differentiated by personality types. Dissing Obama is effective for reaching particular voters. It all adds up.
Has it occurred to anyone that Fannie and Freddie were used by those who have infiltrated the US government for their own profit (think of it as control fraud of the US government to enrich those who pass through the revolving door; e.g. the MIC) to instigate this entire mortgage and foreclosure fraud? It was F&F that put up the seed money that got the MERS concept started. Read RK Arnold’s 9/25/09 depo. He gives the early history of MERS. People in F&F created MERS.
Fannie has been used for grooming people in government for higher theft. It’s a revolving door in its own right. It should not surprise anyone that F&F are being used as a dumping ground for defaulted mortgages. But what happens to the money recovered from the foreclosures done in F&Fs’ names? There are cases wherein banks attempted to FC on homes whose mortgages were ‘owned’ by F&F, according to MERS assignment docs. Who knows?
It is my conclusion that the same people who profited off of the S&L scam of the 1980′s created this scheme. The real beneficiaries in the 1980′s were not the ~1,000 S&L executives. It was those who ran their money through the S&Ls and made huge profits: taking out huge mortgages, defaulting on them, then buying up the leavings at 10¢ on the $. The S&L operators rounded up by Bill Black were the patsies.
Similarly, Angelo Mozillo and his ilk were patsies. Who was operative at F&F when the MERS idea was cooked up and put into service? At the same time, where did the money come from to get this scheme started? Was it a money laundering operation? What about the $2.3Trillion missing from DoD, announced by Rumsfeld on 9/10/01? Could this money have been laundered into even more trillions via the mortgage/foreclosure fraud?
MERS is an obvious CIA-type shell corporation, created to conceal and enable the rapid proliferation of fraudulent mortgages and conveyances from fly-by-night lenders into the hands of the major Wall Street players. Where did the funds lent by the fly-by-night Countrywide and NewCentury, et. al. come from? The money not regulated by the Community Reinvestment Act. Wall Street supposedly created these fly-by-night lenders, and funded them, in order to manufacturer the fraudulent mortgages that were then laundered back to the big banks in the MERS black box.
Well, yes; and the hits would be into the future, but Medicare cuts, eliminating deductions for mortgage interest, co-pays for freaking veterans, and more of the list could happen, and is happening all over Europe. But: from your mouth to God’s ear, Ruth!
Mo more replies in the nested comments, but: Nonplussed: Who cares if it would save taxpayers money? That shouldn’t be the point. And we need to fix all the health care costs, not just the insurance angles. Veterans just flat out need benefits. Period. Not co-pays, or waiting six months for an appt. at a hospital 400 miles away.
There are always billions found for war and nukes and a thousand bases world-wide; we need to not buy into anything that smacks of austerity, and need to tell Congres and Obama that.
There are many layers to the legal issues in this. MERS is just one piece of it. A friend of mine who is a lawyer has been walking me through it. One problem with the attempt to sweep it under the rug in congress is that there is a long series of court decisions establishing real estate law as being the province of state law. That of course isn’t going to stop them from trying.
“Similarly, Angelo Mozillo and his ilk were patsies. Who was operative at F&F when the MERS idea was cooked up and put into service? At the same time, where did the money come from to get this scheme started? Was it a money laundering operation? What about the $2.3Trillion missing from DoD, announced by Rumsfeld on 9/10/01? Could this money have been laundered into even more trillions via the mortgage/foreclosure fraud?”
Just posted a similar thought at EW’s.
klynn @ 7:56 am
Heh. This is why I asked Matt Taibbi if he’s read Catherine Austin Fitts. IMHO it’s not possible to understand the ‘deep politics’ of anything without having read her. Her interview about the ‘Real Deal About Enron’ really spells it out. It’s a simple step to carry it forward to explain the MERS mess.
Start at “I started to look into Enron”
http://www.scoop.co.nz/stories/HL0304/S00151.htm
That’s a whole ‘nother level of food for thought and inquiry, parsnip. I’d always been concerned that Fannie and Freddie seemed to be such sacred cows to Dems. Were they sacred to both parties, then, i.e., The Money Party?
Seems the sooner we grasp that so much of this is about The Haves and The Shouldn’t Haves, the brighter we’ll be. Almost said ‘effective’, but that would be a bit of a mistaken notion.
AIG was the other big MERS operator. I did read, too, that some counties have begun to use the MERS-based software to track their property conveyances. ;o(
And add this issue to our new party platform as a plank.
I was thinking about it last night, but without a good label thinking about it just gives me a headache.
Awesome to see this this morning. I hope every time Dylan does a good interview on the issue someone will post it here. He deserves the support and it is good for us to talk about it.
Thank you for the tips; I’ll check them out. :)
Where did other money come from? I’d look into the drug war. It was creating a huge need to launder illegal drug money.
I can’t recall the details, but I remember reading that in the course of an FBI investigation of a high ranking Mafia boss they discovered that he kept a notebook on his nightstand, which detailed the progress of S&L de-regulation legislation through the Congress.
The Mafia had piles of applications for financing fraudulent real estate deals ready to submit to the S&Ls once the legislation passed which allowed them to expand their lending to commercial real estate.
It would appear to me that organized crime saw the legislation championed by the financial sector for what it was, a license to loot the S&Ls.
This time around they engineered a system to loot our collective future.
What an amazing interview. Thanks for the link. Thanks for asking Taibbi about it last night.
Did you see this regarding Freddie?
“Jane Hamsher, Grover Norquist Call for Rahm Emanuel’s Resignation”
by Jane Hamsher, Dec. 23, 2009 (link: http://firedoglake.com/2009/12/23/jane-hamsher-grover-norquist-call-for-rahm-emmanuel%E2%80%99s-resignation )
Where did the money come from to get it started? How about the CIA and their illegal drugs? Our military has been importing illegal drugs for them for decades.
http://www.fromthewilderness.com/free/ww3/index.shtml#top
Thanks for front-paging this on FDL Jane. This is such an important issue.
I knew her from my illegal drug research. I was totally stoked you mentioned her. I’ll be checking your link in a minute. I too was wondering if he had heard of her. I posted a link a long time ago, maybe he saw it.
You never know what a small world it can be.
OT– This is in regards to prior comments by Parsnip.
My personal theory is that the installation of a Bush Administration in Texas was a trial/proof-of-concept test bed for things to come from a nationalized “platform” later. Some puzzle pieces fell together for me stimulated by some of your prior comments regarding tax liens and vulture fund activity in “churning” them. I recall comments regarding tax liens in Texas in the 1990s which point to a control fraud issue that I realize in hindsight looks like it was created and capitalized upon during the Bush Administration.
About some counties using MERS. It might be more accurate to say that they are using LPS software. LPS seems to be the interface between MERS’ database and the foreclosure mills, sending the mills their paperwork and marching orders. The foreclosure mills are also patsies (David J. Stern is expendable), which is why they have the robo-signers. LPS codes the info from closing docs into MERS, and extracts the data to prepare docs for foreclosure.
[quote]The LPS systems frequently resulted in incorrect information regarding mortgages reported to litigants and judges in foreclosure actions. The LPS network of national and local law firms were required to communicate directly with LPS, and not the mortgage servicers, about any issues that arose in any given case. Likewise, the servicers were required to execute a 51-page Default Service Agreement with LPS that delegated to LPS all functions with respect to the default servicing work. LPS used a software communication system called “NewTrak” to deliver instructions and documents to the LPS network attorneys and to deliver any information to the servicers. LPS also had access to the servicers data-base platforms. Link[/quote]
More at In re Niles C. & Angela J. Taylor
——-
Do you have a link for the AIG/MERS link? Seeing as MERS claims to have no assets and no beneficial interest in any of the mortgages recorded in its name I’m trying to figure out what the connection would be.
(Here’s Yves’ piece on the Bloomberg 50 state AGs piece; you may understand it better than I)
http://www.nakedcapitalism.com/2010/11/50-state-attorney-general-mortgage-probe-rejects-idea-of-global-settlement.html
It’s sure not the only piece, but it is the piece Kaufmann and Kaptur are whistle-blowing, so it’s hot right now, i.e., the Lobbyists must be working the Hill and the phones. And Summers, Geithner, and the Prez.
“That isn’t going to stop them from trying.” Yeah; and with such a Supreme Court looking out for citizens’ interests! Oy!
Thanks, Richard. Glad you have your friend to speak with.
Doesn’t this also make it clear why the Supreme Court had to appoint BUsh president?
Thanks for reminding me of the Rahm/Freddie connection.
Then they should have gotten Bush’s Lt Gov to run for president, since that’s who has the political power in Texas.
Bush was always the front man, the face, in businesses. He didn’t have real power until he was preznit, and even then he had Cheney to tell him what to do and when to do it.
My memory was probably wrong, parsnip; hardly unusual. Here is the most complete list if MERS shareholders I could find with a quick search:
http://www.dailykos.com/story/2010/11/22/922578/-FANNIE-to-HIDE-Its-MERS-Trist-JPMorgan,-Exits-Mers
And ‘yes’ to the LPS software; I could remember its confounded acronym. ‘Dees brain of mine hass only so much Hard Drive capacity.’ ;o)
Yeah, but think from what a long line of global power brokers he comes. Prescott had quite a history:
http://en.wikipedia.org/wiki/Prescott_Bush
(and this is probably the easy version!) ;o)
In 1910 several men met at Jekyll Island, Ga to talk about getting Congress to pass a law setting up the Federal Reserve Bank. They were: Nelson Aldrich and Frank Vanderlip, representing the Rockerfellers; Henry Davison, Charles Norton and Benjamin Strong, representing J.P. Morgan; and Paul Warburg representing the Rothschilds. Some very powerful and very rich men opposed setting up the Fed. These included Benjamin Guggenheim, Isador Strauss and John Jacob Astor. On March 5, 1912 The Titanic sank drowning Guggenheim, Strauss and Astor. In December 1913, the Federal Reserve Bank Act passed and was signed into law. Nothing is as it appears on the surface and some will go to great lengths to get what they want. Peace
IMO the run up and skirmishes prior to the Shrubya Administration taking over Texas were pretty ugly and some ground work was laid for the new Admin. Folks previewed correctly that the new Admin was going to wrecker-ball the state in favor of special interests. Some folks screamed about it to high heaven but the Amway pyramid was already built with the purchasing of all those Rangers who had thought they’d get a special seat at the plunder-to-be. So there it all went … like a house on fire.
{ For the Moderator: Virtual 24 oz. mocha latte with whipped cream on top plus a dusting of cinnamon and accompanied by an almond biscotti }
Although I have zero unemployment benefits remaining, TWC just sent me another work search log, apprently expecting me to fill it out and fax it in anyway, though as I said, there is nothing left in my account. Yeah TWC…. Take a deeeeeeeeeeeeeeeep breath. Now…. Hold It! Until I say breathe again or I fill the damned thing out.
To my recollection, Mr. Loose Cannon (aka Shrubya) has always had handlers. Oh, and the Bush family are modern carpetbaggers to Texas (see Oat Wille’s super humorous version of 1800s Texas his/herstory; link: http://www.oatwillies.com/oatwillie.htm ).
Yi-pi-yi-yay!
That gave me the shivers, but how do you get a pilot to drive into the next convenient iceberg, really? (NOT that I don’t love the story…)
You may like George Washington’s guest post at nakedcapitalism…
http://www.nakedcapitalism.com/2010/11/guest-post-the-question-isnt-whether-the-fed-should-be-stripped-of-its-mandate-to-maximize-employment-but-whether-the-fed-should-be-stripped-of-its-power.html
(Hint: we will all answer the questions, “Yes.”)
Wendy, thank you for this thread.
I had the good fortune to stumble upon the Kaptur?Ratigan episode. A total knockout!
Now,I’d like to ask something that I have yet to find much information on.
What role and/or what impact have these fraudulent mortgages have upon the homeowner insurance companies?
What is THEIR role,if any, in this MERS “Ponzification”?
(Thanking you in advance for any insights.)
Meaning unless Congress extends benefits you’re ineligible for more?
Gads; they have to, though a paltry 3 months seems absurd. Begging ffor crumbs, we are now.
“A bill to legalize electronic ‘robo-signings’ ……… was recently passed unanimously in both houses of Congress.”
I guess that means rep Kaptur voted for it. Or what does unanimous mean? Did the leadership ram it through on a voice vote? Who are the congresspersons who oppose the retroactive legalization of fraud? Are they all thieves and traitors? Every single one?
Parsnip, you are a treasure.
Btw, it seems very little was said(that I noticed) about the timing of Emmanuel’s departure as related to this MERS morass..nor his background at FM..
THEN..to have Donilon with his own FM background named as NSA replacement -almost simultaneously.
Others may have answers for you on homeowners insurance; I wondered above about title insurance, too. Oopsie; did a quick google, came up with Neil Garfield again at Living lies; he says title insurers may be left holding some Big Bags…
http://livinglies.wordpress.com/2009/03/29/curious-disclosure-by-mers-and-countrywide-what-is-a-nominee/
You might search his site about homeowners insurance, gitcheegumee.
O/T: Any idea when the edit function will again be available?
I’ll still be ineligible. There is no talk about a tier five except for one lone Senator. The extension already being blocked by Republicans doesn’t cover 99ers.
I couldn’t find it, workingclass. All pieces I’d read simply claimed ‘unanimity’, which made you think voice vote. We may know once House.gov starts posting bill votes again. (Slowpokes.)
Aha! My mistake: The Senate voted for it unanimously, but not the House. Thanks for making me search, workingclass. ;o) Apparently ‘Congress’ was used instead of ‘Senate’ in the different articles.
Here’s the House vote now:
http://www.opencongress.org/bill/111-h3808/actions_votes
It’s available now, just not in threads with nested comments.
My wife and I used to be homeowners, then sold in early 2006 to travel abroad, returning in early 2009.
We -were- going to try to buy a house again early next year, after having settled down once more, now in a different and less expensive state.
Not any more. First of all, qualifying for a mortgage now for the average person is insanely difficult, especially for a small business owner like myself. Secondly, we are indeed concerned about the muddied titles, and the last thing we’d need down the road is some dispute as to whether the person or entity selling us the house had the rights to do so.
Thirdly, and most importantly, we do not trust the banks and mortgage companies not to screw us over at the earliest opportunity. As noted in Wendy’s article, they’re foreclosing on people who never missed a payment — because the money supposedly wasn’t going to the correct bank. That is insane.
Rather than buying, we’ll take our nest egg and try to invest it somewhere reasonably safe… and spend at least another year renting. It’s the only decision that makes sense, short of finding a home owner somewhere willing to hold the note on reasonable terms. But we have no faith whatsoever in the mortgage companies.
Just throwing this into the mix, for those who enjoy delving deep into where the mortgage mess came from.
In July John Hempton posted this: The Confidence Game: a commentary on the Ackman-MBIA book, which describes how the banks threw out old-time risk management wrt loans, in favor of the quants’ software. It’s lengthy, but makes it more understandable how it enabled the subprime loan industry. As you read, remember that the risk models created by the quants relied on the old numbers, which in turn were based on bankers knowing the people to whom they lent money, and having skin in the game. Nevertheless, these models were then used to justify subprime loan securitization to anyone and everyone, as if the overall risk would be the same.
Then in September Pam Martens posted Scientists, Secrets and Wall Street’s Lost $4 Trillion at Counterpunch, which asks why the VaR (Value at Risk) model was created to be used, replacing old-fashioned risk modeling.
[quote]RiskMetrics is acknowledged as the firm that created a highly complex model called Value at Risk….
[snip]
One certainly does have to wonder why, if the RiskMetrics risk model was so accurate and valuable for trading, JPMorgan effectively gave it away to the street by publishing the methodology publicly in 1994. Having read reams of lawsuits filed in Federal Court where Wall Street firms pound the table to keep their proprietary trading secrets under seal, this whole episode does raise a few eyebrows. To add to the curiosity, RiskMetrics, the firm created inside an incubator at JPMorgan was acquired on June 1 of this year by MSCI, a firm created inside an incubator at Morgan Stanley. In other words, two of the largest investment banks whose primary job is to allocate capital fairly to the marketplace frequently create their own finance-related firms, then proliferate the “science” masterminded by these firms by spinning them off to the marketplace.[/quote]
So, not only was MERS required, in order to conceal the money laundering, but new risk models had to be used to conceal the risk. And the ratings agencies went along with it.
[Blush}
They all pass through F&F if they're to become 'made men' and women. Or through HUD, in general. All of this based on CA Fitts.
What an informative link,Wendy.
IANAL,however, there are many that read here who are. Of especial import to me is that the article was published over a year ago-Nov. 2009-before this MERS issue blew open countrywide(no pun intended).
A terrific link-and thank you again.
Speaking of ruminating-(i.e.,has it ever occurred to anyone)-in my mind ,this puts the eagerness of Congress to defund ACORN (on the flimsy basis of phony Pimposter videos)-in a whole new light .
Jus’ sayin’,
Force-placed (also: forced-place, forced-placed, and other iterations) insurance is the term you need to search, to learn about how the homeowners insurance companies are making out. The servicers tack on (force-place) homeowners insurance policies, even if the homeowners already have policies, at 4 or more times the premium, and take kickbacks from the insurance companies. Part of the servicers’ multitude of tricks to rip off, and force into default, by crediting monthly payments first to the premiums and other fees, then what remains goes to the mortgage, which automatically makes them deficient, causing a late fee and default.
Some of these force-placed insurance policies are taken out with in-house insurance ‘companies’ created for this purpose, but many are with pre-existing insurance companies.
It’s a good question to ask though, in the case of houses that become stripped after the owners are evicted. My recollection is that wavpeac says that the servicers are on the policy, and the insurers send the checks (such as to repair Katrina damage) to the servicers, who then fail to forward needed funds to the homeowners to do the repairs. So it would seem that the insurance companies are in cahoots with the banks.
Here’s a case where a homeowner sued her servicer for failing to forward insurance money to fix Hurricane Ike damage.
Sounds like a really wise decision, if inconvenient, Becca. We’re trying to wan any potential house purchasers we know. Some states are now requiring that attorneys involved in land and home sales sign off on the deeds being clear; don’t know how that will work exactly.
Trickle down economics is when “elites” pee on the peasants’ legs and tell him/her that it is merely “raining”.
Previous SCOTUS decisions have held that the interstate commerce clause does not apply to real estate. That will limit their wiggle room.
Overall, this piece is on the loose end. I have worked with the databases in this system, since before MERS was created. The specific problems include such as the following:
– Forgery by mortgage brokers is the primary issue at hand. Particularly for the Sand States, these forgeries could invalidate large numbers of mortgage contracts. For California, for example, more than 10% of all mortgages written 2004-2008.
– Failure to transfer documents “on down the line” where the originating documents were generated fraudulently is the show stopper. These failures invalidate any and all claims to modify payment terms. All of the Balloon Note and ARM mortgages are affected. In fact, subsequent transfers among mortgage holders are also invalidated.
– The local title offices got their fees in part to cover the costs of examining primary documents for accuracy and completeness. Capitalism, naked capitalism replaced socialistic title offices with the utterly corrupted MERS laissez faire Scam Machine.
(Yeah, Yves !!)
– Forgery during the contracting process was not addressed in any way by the MERS system. Papers/fax_images/etc. were not due from registrations until 3 weeks AFTER title definition and transfer.
– Legal ownership for bundled mortgages resides in shell corporations. These miniature holding companies are registered State of New York or Delaware for the sole purpose of owning the mortgages in a single bonds. A buyer of a mortgage backed security (a.k.a., mortgage backed asset MBA bond) gets stock in the shell corporation. Keeping track of these “splits” is the main task addressed by MERS.
– Using MERS to replace title offices was the stuff of career criminals.
– MERS records deals. Deals, not transfers. Follow-up to monitor the actual asset transfers was ignored. Similarly, MERS records specialist maintenance activities such as taking in mortgage payments.
Another screw-the-pooch problem. No quality control, no quality.
– The MERS failures are parallel to failure of NYSE/NASDAQ to prevent illegal “naked short” trading. That’s where a seller attacks a company’s stock by selling shares WHICH HE DOES NOT OWN. (He expects to drive down share price, then clean up by covering his sales with cheaper buys the next day.)
– Under New York State law this is a felony, dating back to the late 19th and early 20th Centuries. However, NYSE/NASDAQ have passed “rules” contrary to State law that protect “naked short” felons where these felonies are committed by a select group of insiders. This scam was not addressed in the Dodd bill. Think MERS is bad, take a look at NYSE/NASDAQ.
– MERS cannot repair the damage. Forgery is forgery. The bogus documents are mainly forged for contract modifications that gave more return to the scamster mortgage brokers.
Still missing in MSM/propaganda coverage is that these deficiencies are from huge scams. This is not about petty details, harmless nit picking.
The mortgage broker businesses in the Sand States and elsewhere went over to being criminal enterprises. Papers were forged routinely, most likely affecting millions of mortgages. Banks helped. Employees at the banks and the mortgage brokers got filthy rich because they had licenses to steal and all the arrogance and ambition in the world.
Shareholders at banks… no-no-no. Shareholders got next to nothing.
Bribery was a stronger factor.
Sellers of the credit default swap CDS scam_contracts bribed managers and employees at Fitch, Moodys and S&P to rate both the MBA/MBS bonds as “AAA” and their mathematical CDS images of these bonds. The extra money was contingent on issuing “AAA” ratings, even to the point of using a rating calculation engine that Goldman, Sachs had written instead of the rating company’s own program.
The bribery was carried out through extraordinary bonuses.
The CDS shops paid 10 times the normal fees, which pumped up the bonuses to unheardof levels.
A AAA is a AAA is a AAA is a AAA is a AAA is a AAA is a AAA is a AAA is a AAA is a AAA is a AAA is a AAA is a AAA is a AAA is a AAA is a AAA is a AAA is a AAA is a AAA… until it is not.
This specific bribery is what killed Lehman, Bear, and Merrill. It is what stole at least $7-trillion through the fraudulent CDS’s masquerading as MBS’s.
They can legislate at the federal level all they want, as far as enforceability in the secondary mortgage market. What federal legislation CANNOT do is override state and local deed recording law and rules. An unsupported affidavit will still be thrown out unless it comports to local and state rules of evidence. That federal law will be useless to the banks in states where judicial approval of foreclosure is required. An analogy is the federal bankruptcy rubric: no application in a foreclosure proceeding, other than the stay of proceedings, but plenty applicable to what happens after.
I think that’s why Obama was able to veto it with no blowback from the banks: would not have helped that much with their foreclosure problems.
Ruth;
There aren’t enough of us “now living on our earned security” to keep benefits from being slashed for those not yet eligible for benefits. Raising the retirement age as planned by the deficit commission will result in a 15% reduction in benefits for those not yet collecting Social Security, and that’s the best suggestion on the table to deal with the SS “crisis.”
The Republicans have used the media since the Reagan administration to convince younger workers that Social Security won’t be there for them when they retire. This is now a widespread belief in workers under 50 and a matter of settled policy to those under 40. These people will not fight for the SS program as it now exists, because they don’t feel as though they have much, if any, future in the program. Many of them feel as though the benefits the older generations worked so hard to guarantee – which includes Medicare as well as SS – are little more than welfare for a spoiled, “entitled” bunch of baby boomers.
These same younger workers, especially those under 40, do not understand the devastation wreaked on retirement programs by the recent economic chaos. If they’re paying attention at all, they see the stock market recovering and are pretty much convinced by the Republicans that they will be able to manage their money for retirement better than the Social Security fund, and their health care will be affordable if only they’re allowed to buy insurance policies across state lines and give up their rights to sue incompetent doctors.
Until younger workers and those who are old enough that their benefits are not in jeopardy come together to demand that benefits for younger workers are not cut, the Peter Petersons of this world and the Wizards of Wall Street will have their way. They have already managed to pit retirees or about-to-be retirees against younger workers. They understand that younger workers have not been in the workforce long enough to have experienced the booms and busts of the bubble economy and the damage this type of capitalism has done to the overall economy in the past 30-40 years. Big money understands that younger workers don’t realize how such wild gyrations in the economic health of the country can affect their futures and how the economic rules as they now exist are stacked against anyone’s being able to take care of himself.
What workers of every age need are strong unions to fight for them against big money. Right now it’s an every-man-for-himself mindset that is killing the future of all workers, including their hopes for a decent retirement. But unions are still vilified, especially by younger workers, and I don’t see that changing anytime soon. Big money will continue to denegrate any attempt for workers to activate the collective. Unfortunately for the young, there is no belief more intoxicating than that one can stand on his own two feet and take care of himself and his own needs, even in the face of big money and big power aligned against him.
Workers of all ages need to come together to guarantee a future for all workers, for all of us to fight the Wizards and their plans to shred the last vestiges of a safety net we have in this country.
Hugh Downs, the veteran newscaster had the perfect quote to summarize our dilemma: To say that my fate is not tied to your fate is like saying, “Your end of the boat is sinking.”
Thank you for the additions and corrections, TuffsNotEnuff. The one thing I will say is that it’s not clear beyond Countrywide, how many deeds and notes were held in abeyance, but speculation is that many more weren’t.
And Kuafmann called them, what? ‘Irregularities’ or some other euphemism?
Ta.
What you call “servicers” are largely the same people as the mortgage brokers. Usually with separate legal papers, but the same people.
For my money they are RICO-eligible criminal enterprises.
That mirrors what Richard Lyon said above; that’s a good thing.
Though it was just the Notary Recognition Act (interstate commerce, I guess) that Obama vetoed.
So if Federal Law wouldn’t supercede State real estate law, what fix might happen? More help to the banks by the Fed? Still, I can’t wait to see what Congress comes up with.
Gee. Thanks Wendy. So it’s just every single Senator that is a thief and a traitor. That’s not so bad.
Sorry to say I’m still confused about the house. Your link seems to indicate the bill failed in the house. So how did it get to Obama’s desk? Was there a vote after the veto?
House prices need to fall back to 1997 levels for buying to make sense.
Local annual personal income dispersion (Pareto Distribution) TIMES a local pricing multiplier =EQUALS= House price distribution.
High unemployment and lower wages means lower housing prices. Much lower.
That is not seen yet — a 25% fall from peak not enough — because the banks and Treasury and The Fed are fighting to maintain Big Bubble pricing.
The Great Depression saw a 25% fall in house prices. But the Roaring 20s were not primarily a housing bubble. We’re seeing 2/3rd of TGP’s employment impacts, tacked to the tail of a 2:1 or 3:1 short-term housing bubble.
Same for the stock markets.
Parsnip, thanks for that terminology,i.e, forced-placed. I had not heard that EVER ,anywhere before.
Sometimes the lack of something ,at least to me, is more indicative than the presence sometimes is.
In this case, preternatural stillness regarding home owner’s insurance comapanies has been ringing very loudly in my ears for some time now…
Upthread you mention AIG. Do you happen to recall the Dubai Ports deal a few years ago? AIG wound up with the deal.Before Katrina IIRC.Paulson named a former GS asscociate,who had also been CEO of Allstate has head of AIG,back in 2008,IIRC.
It is my understanding that on some mortaged homes, the bank pays the insurance policies directly -not the homeowner. It may not be that way in all states or cases.
{On a somewhat (AIG)related note, you may want to check out ACE insurance. ProPublica did a huge piece on it regarding mandatory insurance on wartime government contractees -Defense Base Act.
You can also use the search engine here,as I have posted on this subject before.}
Irregularities?
How about counterfeit mortgages,laundered by banks?
It’s raining, it’s pouring, the Old Man is snoring…tra la! ;o)
Well, Boogers and Farts. Margaret. That’s fucked up, isn’t it?
I wish you well, dear.
Well, crap (edited). I read it wrong? I was so jazzed to find any link! Can I come back later after more google-oogling? My eyes are crapping out, WC.
MERS is designed to prevent orderly discovery, as applied to gaining access to the originating documents.
Deals are posted that split a homebuyer’s mortgage among many new owners/holders of stock. The stock is issued from a shell company. The shell owns the mortgage-bundling-MBS that owns his mortgage.
MERS prevents any and all homebuyers or other interested parties from finding where documents reside. We have to assume it was designed that way — aiming to cover up fraud and forgery.
The homebuyer or other interested party has to sue many legal persons to find where papers reside — if they exist at all. The Countrywide scandal is not the most important part of the mess. Broadly, here is the problem:
“The civil justice system in the United States depends on the willingness of both litigants and lawyers to try in good faith to comply with the rules established for the fair and efficient administration of justice. When those rules are manipulated or violated for purposes of delay, harassment or unfair advantage, the system breaks down … . My experience as a participant in and observer of civil litigation has convinced me that abuse of the judicial process … is widespread. Abuse of the judicial process occurs most often in connection with discovery. Unjustified demands for and refusals to provide discovery prolong litigation and drive up its costs. Fabrication and suppression of material facts are regrettably common occurrences, although lawyers and judges are often reluctant to admit it.”
***********
MERS was built to cover up for fabrications. MERS operations today suppress material facts as likely as not.
Considering available technology MERS could have been built as a document warehouse, including a thorough text-indexing support interface. Instead, the country got an engine for crime.
“MERS is an innovative process that simplifies the way mortgage ownership and servicing rights are originated, sold and tracked. Created by the real estate finance industry, MERS eliminates the need to prepare and record assignments when trading residential and commercial mortgage loans.”
*********************
From the MERS home page.
MERS does have anti-fraud tools. They do one thing: “MERS fraud-detection tools… detect a borrower’s undisclosed liens.”
Zero tools to detect mortgage broker forgery and fraud.
Well, even without the terms like that and ‘fraud’, he done good. ;o)
Look at MERS as a means to fight off discovery in Federal and State courts.
The homebuyer can’t find a damn thing.
BTW: the Community Reinvestment Act loans are among the highest paying loans in the inventory. Those houses didn’t reflect as much of the Big Bubble scam prices. And working poor people stay home a lot.
Thanks for all the information, I have not yet followed the links above, though I will.
I refinanced my home in 2008. After reading about all of this, I decided to follow up with my paperwork. I have found these things:
My documents on closing, the closing costs statement was marked “draft.” I wanted the final documents for my tax filing for 2008 and asked for the final (not “draft”) docs. The only thing they were able to provide were the same “draft” docs I had.
There was no “title insurance” policy. I paid $1000 for that according to the “draft” docs. I requested it, and I got a copy a week or two ago. It says that my mortgage went through MERS, though when I typed in my loan number at MERS, they say it is not in their system. Further I learned that though I am paying GMAC, my mortgage is actually held by Frannie.
The valuation I got for my property when this thing was done was clearly inflated. Even so, what I estimate my valuation is still well within the bounds of what would have been a legal percentage (loan:value) under any real circumstances.
I have not had any expectation of foreclosure, and my credit score is quite high, still. Yet, my mortgage was still considered junk.
Who knows who owns it or whatever else is going on with it. I just thank everyone here for all of the information I have learned about this mess.
I also think everyone should see “Inside Job.” It is worth it.
The Fed could force the banks to clean up bad loans and MBS bonds which are now carried a fantasy valuations.
Once cleaned up, the banks could go back to being banks.
After some learning curve.
Check out Nicole Gelinas on this one.
http://www.realclearmarkets.com/articles/2010/02/02/book_review_after_the_fall_by_nicole_gelinas_97620.html
Yeah, the righties pay her. Gelinas would be good publishing anywhere.
“You done taught me a lesson”
– last words of a fellow with a noose around his neck, surrounded by Klansmen
Seems like the 99ers are like that guy getting lynched. Capitalism’s worst criminals just 86′d the economy and you’re getting to wear the nooses.
Helluva lesson……………..
I am sorry to hear about your misfortune.
And we get to PAY for the rope that will hang us!
He done way better than good…
I neglected to include the snark tag…
Seems to me that “Inside Job” would be great for home viewing groups (a study guide at the film’s landing page: http://www.sonyclassics.com/insidejob ).
Link to film schedule of showings and theaters: http://www.sonyclassics.com/insidejob/dates.html
Showing in PDX at “Fox Tower 10″ (link: http://www.portlandmercury.com/portland/fox_tower_10/Location?oid=39959 )
“Take action” send one to http://www.FaceBook.com/InsideJob (specific page is http://www.facebook.com/insidejob#!/insidejob?v=app_4949752878 )
This was run in the Willamette Weekly on October 28, 2010:
“Class Action Law Suits- Mortgage underwriting, Mortgage modification and foreclosure fraud” ( link: http://portland.wweek.com/RealEstateServices/class-action-law-suits-mortgage-underwriting-mortgage-modification-and-foreclosure-fraud/4441212 )
“It’s hard to get a man to understand something when his paycheck depends upon him not understanding it.”
Upton Sinclair
Well, so far, it is not a problem. I have no interest in selling, no need for further re-financing, and I continue to expect that I will pay my mortgage. I have “owned” my house since 1987, so the title should not have a cloud. I am going to check with the county clerk about the filing on my property and find out what that says. I will do that this week.
What has caused me concern is that the assessor has raised property values for taxation, and this has been trouble for another property I have. I am sure I am in for a mess with that, but I continue to expect that it will work out fine after a month or so. I will continue to participate with info on this as it goes along. Of course, with all the craziness, I could be living with false expectations. I do worry about it.
Since we are making recommendations, may I suggest “Plunder” by Danny Schecter,filmed a coupla years ago,and presently being showcased on LINK TV?
Also, this week ,Jessie Ventura did a segment on his TruTV show about Wall Street.Guests Nomi Prins, Bill Black ,Matt Taibbi and a host of heavy hitters did a great job on explaining the Wall Street fiasco.Entertaining and informative.
“Plunder” – the movie (link: http://www.plunderthecrimeofourtime.com )
Are you asking about Title insurance or Homeowners insurance?
I haven’t looked into the stuff in your paragraph that begins ‘Upthread.’ It was Wendy who first mentioned AIG.
I tracked down your comment about ACE, but you must have copied and pasted a link that had had its innards deleted for space; it led to a 404. So which ProPublica article did you link to?
I see that ACE always seems to be reneging on its responsibilities when it comes time for pay-outs.
How does ACE relate to AIG?
Terrific comment, SueDe.
This whole situation is just the culmination of Ronald Reagan’s rantings, and the general “I’ve got mine, now get the fuck out of my way” attitude he began. There was no “community,” only “welfare queens driving Cadillacs” stealing your tax money. [So why pay taxes, if it only gets misappropriated by these undeserving clowns.]
This philosophy, and all the evil facets of it, have been repeated for 30 years [along with the canonization of Ronnie, including that by our current president].
There’s little hope of turning this around because it is so far-reaching, but you’re right: unions are a good place to start.
No problem. I will see what I can find. Perhaps someone else can shed some light? Anybody?
Which is why these damn nested comments must DIE!!!!!
I hate ‘em.
There is really just one issue. The libertarians are up and up on it, many on the right sense it, and the left(current company excepted) is largely asleep.
“One banker one problem, no banker no problem.”
That’s the short and long of it. The rest is nibbling on the fringes. If we want to stop the wars, guarantee well paying jobs for everyone, healthcare, etc., the bankers have got to go!
This is one issue that actually is relatively simple to explain and can be grasped viscerally where intellect lags. This is the Peoples platform that can clean the gov. out along with the money changers.
Americans need a ~~~Edited by Moderator~~~ Jesus Party to congeal around.
~~~Mod Note: No further down this path~~~
Apr 27, 2010: [HR 3808] passed in the House of Representatives by voice vote. A record of each representative’s position was not kept.
http://www.govtrack.us/congress/bill.xpd?bill=h111-3808
How many reps were in the room when the voice vote was taken?
Rx co-pays (for any non-service related condition) have increased fourfold since I originally started using the VA System in 1993. Oddly, one cannot apply Medicare Part D to them, either.
If they institute Medical visit co-pays, there will be little advantage to using the VA any longer. One will be able to gain increased service availability with nicer hospital facilities-private rooms, generally with nicer amenities.
Of more concern to me personally, however, is Rep. Steve Buyer (Asshole-IN), who has attempted to change eligibility requirements to those who were **Combat Wounded only**, not even including Service Connected personnel, such as myself. I reluctantly must admit that the proposal certainly would save the Taxpayers a hell of a lot of money…
Some pieces I’ve read have wondered to what degree all these clouded and/or fraudulent mortgages will affect property taxes. The valuations are one thing, and actual ownership may be another. Someone speculated that some counties may be forced to raise rates on the wet-ink deed owners to accrue enough revenue to run the county’s business.
I frankly forget how the rates are determined, and how much leeway they have to choose which year’s valuations for properties. Stay tuned, I guess.
Sorry for the delay in replying to you. I had wanted to come back and do an addendum to clarify WHY I mentioned AIG and ACE;also,AIG and Dubai Ports deal,which btw, included the Port of New Orleans .
Here’s some links regarding AIG and ACE-you know I am link challenged however:
Richmond Insurance – Fraud Digest – Online Fraud MagazineMar 29, 2005 … Hank Greenberg’s son, Jeffrey Greenberg, was forced to leave Marsh … insurance company Ace, Ltd., which was run by another Greenberg son, …
http://www.frauddigest.com/fraud.php?ident=359 – Cached -
The seven signs of ethical collapse: how to spot moral meltdowns … – Marianne Jennings – 2006 – Business & Economics – 334 pages
Hank Greenberg ran AIG and his sons ran MMC, Putnam, ACE, and Mercer, … Son Evan Greenberg left AIG to run ACE Ltd., the third-largest insurance broker in …
books.google.com/books?isbn=0312354304…USATODAY.com -
Insurance ‘first family’ under fireOct 17, 2004 … Maurice “Hank” Greenberg has been CEO of AIG since 1967. … And his other son, Evan, is president and CEO of Ace Limited, a Bermuda-based …
http://www.usatoday.com/…/insurance/2004-10-17-greenberg-insurance-family_x. htm – Cached – Similar
The Port of New Orleans had to sue for its insurers to pay up after Katrina. I will try to provide links.
Allstate was the target of MANY suits by many homeowners on the Gulf Coast for their dismal record in paying homeowner claims.
Port of New Orleans Sues Insurer over Unpaid Katrina ClaimsThe Port of New Orleans was hit hard by Hurricane Katrina. … Factory Mutual Insurance Company, has only paid approximately $18 million of the Port’s $145 … AIG & General Re Insurance Executives Found Guilty Of Fraud and Conspiracy …
attorneypages.com › Hot Topics › Insurance Bad Faith – Cached – Similar
I was referring to Jesus’s only violent act. Physically overturning the money changer’s tables and running them out of the Temple.
Point taken, tho.
Here is Felix Salmon’s rueful take of mortgage fraud and possible fixes. He quotes our own David Dayen who has really been on the job on these issues. Thanks, David. ;o)
http://blogs.reuters.com/felix-salmon/2010/11/18/the-three-monkeys-of-mortgage-bonds/
Hint: Michael Barr who is leaving Treasury didn’t like Salmon’s piece:
http://blogs.reuters.com/felix-salmon/2010/11/23/treasurys-plan-to-fix-the-mortgage-mess/
OK. It was Nancy. Thanks parsnip.
You got it–every single damn one of them.
Gitch (there were no reply buttons on your 2 comments above)
When you want to put links from google into a comment, right click (or ‘control click’) on the actual link, then ‘copy link’ and paste this under your little copy/paste of the google blurb, or the title of the article, or whatever. Any time you copy/paste from an old comment, the link is usually broken. You have to right click (or ‘control click’) on the link in the comment, copy link, then paste that.
——-
OK, so the Greenbergs are morally challenged and ran a bunch of insurance companies for profit. And the Dubai Ports deal included NOLA. I suspect the NOLA deal had much to do with LNG tanker terminals. Anyway, can you be more specific as to the trail along which you are sprinkling bread crumbs?
[And BTW, I haven't friended you back because I decided never to do any facebooky type things on the internet.]
Parsnip, there was no reply button to your last comment to me upthread.
My position is that the lack of outrage by insurance companies regarding the foreclosure fiasco is an anomaly,imho.
Insurance companies as a rule do not like risk,and the joke is they only want to insure those who will likely never need it.(Some insurers quit writing policies all together on the Gulf Coast after Katrina.) Doesn’t seem to be the case with the proliferation of subprime ,bundled and bungled homeowner loans.
Now the history of AIG is quite fascinating and readily available with a quick engine search.You may also want to check out an excellent article called Secret Agent Insurance Man that ran in the LA Times a few years back.Excellent primer on the politically intriguing stage setting for what later became AIG,with Hank Greenberg being chosen as the successor to the AIG empire.
I will mention another creepy thing that has happened this year vis a vis mortgages that has not ever happened before and makes me concerned.
I received letters from either my mortgage company (GMAC, I pay mortgages on 2 properties to them) or some home insurance company I never heard of saying either that a bill for insurance had been received or they had sent a bill to the mortgage company that had not been paid. In the one case, GMAC said they had already paid the insurance, so they could or would not pay the company, or the company was requesting a payment. I called my insurance companies, and the insurance had been properly paid.
I am wondering how often this sort of thing is happening. How much bogus insurance is being billed or paid? Someone I know told me that once his insurance money from his escrow account was sent to pay for insurance for some unknown person’s property. He received a notice from the mortgage company saying that because his insurance was not paid, they would not hold his mortgage. He found out what happened and suggested they should get the money back from the wrongly paid company since it was their mistake that they paid the wrong policy. They told him he had to fix it himself.
I am just one person. I wonder how much this sort of thing is going on.
Addendum, btw, one of the journalist’s who has been doing yeoman’s(yeowoman’s) work for years is Lucy Komisar. Exceptional pieces on financial hijinks involving AIG, BCCI, and more recently ,Allen Stanford…for which she won an award.
She has been doing this for years with little fanfare. Pity.
Her website is the Komisar Scoop, and she does pieces for Alternet occasionally,among others.
Also a founding member of the Tax Justice Network and a seminal NOW member. Definitely worth a trip there .
I am not the sharpest tool in the drawer, bit I tell ya this insurance angle just keeps sawing away at me.
Someone I know told me that once his insurance money from his escrow account was sent to pay for insurance for some unknown person’s property…bgr
Maybe it’s just me, but doesn’t that sound like a Ponzi scheme?
bgrothus, here’s a link to a comment similar to yours that was posted at Naked Capitalism on 11/16. The commenter provides a possible explanation, but you really have to have been following this story in depth to understand what he means. The servicers have to keep sending money to the MBS investors while houses are in default, but not foreclosed, so this creates a cashflow problem. OTOH the servicers delay the time from default to foreclosure in order to rack up the fees that they rake off the top once the house is sold in a foreclosure sale. So it’s a balancing act. They send money from those people (and their escrow accounts) who are still paying their mortgages, to the MBSs.
You also might be about to find out that your servicer dunned you for forc-placed insurance in addition to the policy you already have. Or they may have let your old policy lapse in order to enroll you in a more expensive policy that nets them a kickback.
[I knew there was a good reason to save that comment link!] Hope this helps. Don’t take your servicer’s word for it that your insurance is paid.
Thanks for filling in on the insurance angle. The insurance companies are already refusing to write or pay.
And I still don’t know whether you’re talking about Title or Homeowners or Mortgage Insurance. The title insurers stopped writing and the mortgage insurers stopped paying, and they did make a hue and cry about this. You must have missed that. Marcy posted about it (also see links below diary text at ‘Related Posts’). BoA sued Old Republic for not paying its foreclosure claims.
In fact, Fidelity National Title stopped writing Title Insurance. Guess where LPS came from? It was a subsidiary of FNT, spun off in 2008, originally called Fidelity National Foreclosure Solutions.
How do you see Homeowners Insurance as having more risk than usual? Do you mean on vacant foreclosed homes?
I’ll check out your suggested reading. Thanks.
[Oops. got you mixed up w/someone else on that friending thing. Good thing I don't do that, eh?]
But the Fed seems interested in carrying out one of its mandates only. Feh!
Well, perhaps I am missing something in translation, but if one cannot prove who owns the title to the home,home owner insurance is somewhat of an oxymoron,isn’t it?
Excellent post and thread! This is what I was hoping for Wendy when you migrated from TPM to FDL. Gobs of enlightened exchange.
Took special note of Fannie and Freddie, up-thread. Hopefully we can encourage a left-right coalition to reform these crony capitalist institutions.
I’ve assembled two blogs that can get anyone up to speed pretty quickly on the home foreclosure debacle.
One is http://www.swarmthebanks.com and the other one is http://www.parallelforeclosure.com
Pay for the rope…
Reminds me of a conversation I had 35 years ago with an elderly coal miner in southern Colorado, in which he recounted, in his younger days, of having to pay for his own mine timbers.
These are fights that have been going on forever.
Thanks, Watt. David and Marci have been on this issue for a long time, but I thought maybe something simple might help. So many great comments and links to reading material and videos. Whew!
And the more all of this insanity gains exposure, the better.