Is it too easy for home builders to hide?
State makes it difficult for buyers to find past complaints against contractors
Homeowners in the Northeast Richland neighborhood of Rabon’s Farm have discovered serious problems with their homes, but thus far have been unable to file complaints.
That didn’t seem right to the homeowners. Nothing had changed in their three-year-old neighborhood. Construction was ongoing, and the same sales office remained open.
Firstar’s president, Michael Nieri, had surrendered the company’s license in February to the S.C. Department of Labor, Licensing and Regulation. Nieri said he did so to avoid a fine and probation over a consumer complaint and an administrative violation.
Still, another of his companies, Great Southern Homes — the name Rabons Farm residents had seen on signs in their neighborhood for three years — continued building.
Why? Because Firstar was licensed as a general contractor. Under state law, general contractors are registered with company names, not as individuals.
So when a general contractor quits building under its name, it cannot be pursued even if the home builder continues operating under another name. In his case, Nieri continues to build under the name of Great Southern, also licensed as a general contractor.
“This is just a shell game,” said state Sen. Joel Lourie, D-Richland, who has asked the state licensing department to look into the matter. “Homeowners have been left very vulnerable and unprotected here, and they deserve better treatment.”
Anyone who took the time to think a bit just might have wondered as to what sort of quality could be be going into building McMansions if the labor for doing so was drawn from herds of dayworkers hired at the side of the road.
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Comment by palmetto
2010-10-10 06:22:58
I’ve been hearing more local stories recently about homes in this area built during the bubble. Riddled with defects. The ones I’ve heard in the past week have to do with the expansion of the retirement community where I live, the newer development.
Comment by Sammy Schadenfreude
2010-10-10 08:08:58
These FBs were classic marks. Like any other bovine herd creatures they let realtors and the MSM convince them real estate only goes up and it’s an investment, not just a place to live. Gee, how could a bunch of fly-by-night subcontractors using illegal alien labor and slapping houses together in a matter of weeks, fail to do quality work? “Riddled with defects” applies to the buyers as well as the builders. In fact it applies to all the players in the housing bubble. Society will be better once this mass of fools wises up and starts taking some of the blame for their own misfortunes. Caveate emptor, biatches!
Comment by Professor Bear
2010-10-10 08:42:44
“Gee, how could a bunch of fly-by-night subcontractors using illegal alien labor and slapping houses together in a matter of weeks, fail to do quality work?”
If an RBB (residentail Builder) , drops his license even for a year , he can’t be held accountable either . What do folks expect , a lifetime warrentty ?
What amazes me is the poorly built junk that thousands bought over the last few years. We went through several developments just to look. Priced in the high 200’s to low 3’s, Styrofoam stucco, faux stone fronts etc. Cheap fixtures, but granite counter tops and stainless steel appliances and the jetted tub with plastic “glass” block windows. All in all slapped together crap.
Builders are not stupid, they know if they jazz the place up just a little some drooling rube will come through and “snap” it up.
I have a friend who bought the new house with the “jazzed up jetted tub”. The problem is, the water pressure is so low it take “forever” to fill.
They never use it.
It looks impressive, but they never use it.
A total waste of space.
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Comment by combotechie
2010-10-10 06:43:34
I know a guy who had a swimming pool put in his back yard and regularly spends lots of money in its cleaning and maintainence but neither he nor is wife use it because neither one knows how to swim.
But it looks good, and that’s the appeal.
Comment by polly
2010-10-10 07:02:11
I know one family that uses the bathtub regularly for bathing adults. They both grew up in England until they were over 10 years old and honestly prefer baths to shower if they have time. I think the last time I took a bath was at a hotel after a week long rafting trip down the Colorado River through the Grand Canyon - first a shower, then a soak in the tub, then another shower. I was almost clean after that. Not quite, but almost.
I think it is more a fantasy thing - people think if they have the luxury available to them, then I will use it. If having the fantasy provides entertaiment value, then I suppose it is OK, but most adults will rarely use it, even if the water pressure does work. It is a lot like moisturizers that claim to fix deep damage to your skin. If you need a moisturizer because your skin is dry, great. If you enjoy taking time to rub stuff on your skin that smells nice, fine. If you think rubbing something on the outside of your face will fix 50 years of sun damage, well, that is a bit ridiculous.
Comment by alpha-sloth
2010-10-10 07:48:14
Some people prefer bathing to showering. In the few periods of my life (one in England like your friend) where I’ve been forced to take a bath instead of a shower, I eventually found (after my initial frustration) that I kind of liked it. And I got to where I could take a bath faster than a shower (there’s a technique to it).
But as soon as I get access to a real shower, it’s all over for the tub. So on some level, I must still prefer the shower. Maybe it’s whatever you grew up doing.
Comment by SUGuy
2010-10-10 08:26:39
I don’t call lying around in a tub of water that becomes dirty as zestfully clean. That why showers were invented. I think women love baths must be a feminine thing
Comment by Doug in Boone, NC
2010-10-10 08:45:11
I do my best thinking in the bathtub!
Comment by Natalie
2010-10-10 09:22:16
“I don’t call lying around in a tub of water that becomes dirty as zestfully clean. That why showers were invented. I think women love baths must be a feminine thing.”
You miss the point. Jetted tubs are for relaxing rather than getting clean. You can’t beat reading or watching a movie in a jetted bubble bath, with some wine, cheese and/or chocolate covered strawberries, on a cold day, especially if the view is nice and the snow is falling and you suffer from back or neck tension.
Comment by In Montana
2010-10-10 09:30:29
LOL. People spend thousands for fancy outdoor hot tubs, but eeuw can’t stand to take a bath…
Here in California the state statute of limitations on construction defects is 10 years. This long period has resulted in 2 unwanted things.
1) Contractors like me who had liability insurance coverage that included multi-unit projects (HOAs involved) can no longer get coverage and have to rely on a “wrap” that covers the owner, developer and all sub-contractors.
2) There is now an industry that conducts construction defect law suits just prior to the 10 year statute. By the time a project is approaching 10 years even normal wear as well as damage from occupants are alleged to be construction defects. It is typical for the HOA or a lawyer to purchase a unit for the purpose of partial demolition to identify issues to litigate.
The unintended consequence of the 10 year statute is to drive up the cost of housing due to an increase cost in litigation.
I’m skeptical about the article above. I don’t think you can hide behind a simple name change. Contractor’s licensing boards are there to help the consumer. Liability coverage lasts at least as long as the statute. Certainly the owners from the article know who they purchased the house from? They would file suit against the seller anyway.
Courts are prejudiced against the contractors. I have been sued 4 times in the last 6 years and in each case I didn’t even do the work that was defective. I am never given the opportunity to prove that and get out of the suit however. In most cases I have to pay a 5 figure settlement with no wrongdoing whatsoever.
“Courts are prejudiced against the contractors. I have been sued 4 times in the last 6 years and in each case I didn’t even do the work that was defective. I am never given the opportunity to prove that and get out of the suit however.”
Why? Was the work done by a subcontractor that you hired and whose work you are responsible for?
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Comment by CharlieTango
2010-10-10 09:15:39
“Why? Was the work done by a subcontractor that you hired and whose work you are responsible for?”
Case 1. General contractor did the defective work, it was not in my scope. Case was settled collectively and I was never afforded an opportunity to move for a dismissal prior to settlement.
Case 2. In this case I did the work but during the 10 year statute period the owner “managed” my work. Owner placed a piece of insulation in front of a crawl space vent to avoid freezing the plumbing. That cost $50k.
Case 3. The owner fired the General and hired a new sub to handle my scope. The new sub’s work was found deffective. I’ve been trying to get out of this for 3 years now.
Case 4. I was not even a contractor on a large condo project but I was named in the suit non the less.
The process here in California includes indemnification agreement in sub-contract agreements. There needs to be at least an un-proven allegation to invoke the indemnification but the process fails to provide the opportunity to dispute / prove the lack of valid allegation prior to the suit settling.
Nice summary Tango and you are spot on particularly regarding the friggen Lawyers…Blood sucking leaches this particular group are…Its why I stopped any HOA developing my last being in 2002 so I still have two years yo go on that one to get beyond the predators…
Why? Was the work done by a subcontractor that you hired and whose work you are responsible for?
The friggen Lawyers sue everyone and you have to defend the suit…Its their way of “squeezing” money out of each contractor on the job…Its cheaper to settle than it is to defend most of the time…Happens all the time…The Lawyers will just tell you “well, I know you had nothing to do with the bad concrete since you are the electrician but we are going to do some research to see if we can find something you did wrong”…So, you have one of two choices;
Settle the lawsuit or Defend the lawsuit…Either way you lose…
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Comment by polly
2010-10-10 08:47:22
But you said you weren’t allowed to offer any evidence that you were not at fault. What you are saying now is that it was cheaper to not fight it. That is still unfair, but it is a very different thing than claiming you weren’t allowed to defend yourself.
What you were looking for was a motion to dismiss based on them not having alleged the elements of a tort against you. You might even have won if their original theory of the law suit was “he did the electrical stuff on the house so he must have ruined the concrete somehow.”
A counter claim based on the lawyers including you despite knowing that you had nothing to do with their claim is possible. Probably costs more than it is worth, but it is possible. Of course, your history of settling claims will work against you. I’d suggest figuring out how to get this stuff to mandatory arbitration. Arbitration is cheaper so even if you choose to settle, they will not be able to get as much money as the nuisance value of the suit will be lower. And there is the possiblility that an arbitrator will look at the claim for the cracked foundation and dismiss you as a party entirely.
Comment by CharlieTango
2010-10-10 09:28:56
I may make $5k - $10k profit and then get named in a $10M suit. I have to rely on representation provided by my carrier.
In the case on my desk at present, 3 years into it the Owner won’t show up for mediation. Lots of bad blood between the Owner and Developer. I’m not in a position to conduct discovery, file a motion to dismiss, or do anything other then watch the cost of my coverage go up.
A counter suit is beyond my means. I would have no coverage and malicious prosecution suits are not favored here. It is necessary to prove actual malice when suing a lawyer for malicious prosecution and the burden of proving your case before being allowed to present when an anti-SLAPP motion is brought in response to a malicious prosecution suit is a significant.
“The unintended consequence of the 10 year statute is to drive up the cost of housing due to an increase cost in litigation.”
Sounds to me like a good argument for no statute of limitations on construction defects.
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Comment by polly
2010-10-10 08:51:06
In which case all builders will just wrap up operations and set up a new corporation at the end of each project. You would have to require them to leave the corp in place with a sufficient insurance policy in place.
Comment by Professor Bear
2010-10-10 09:21:28
“You would have to require them to leave the corp in place with a sufficient insurance policy in place.”
It sounds as though there is a severe systemic moral hazard problem for fly-by-night builders to leave behind a trail of shoddy work, realizing that some bagholder (aka home owner) will be stuck with the cost of fixing stuff that wasn’t done right when the home was built. It seems hard to imagine how this situation could have evolved in the otherwise exemplary real estate construction industry.
Comment by CharlieTango
2010-10-10 09:45:29
PB,
“It sounds as though there is a severe systemic moral hazard problem for fly-by-night builders to leave behind a trail of shoddy work… It seems hard to imagine how this situation could have evolved in the otherwise exemplary real estate construction industry.”
Of course there is moral hazard for immoral contractors.
Comment by Professor Bear
2010-10-10 10:06:54
“Of course there is moral hazard for immoral contractors.”
That is not an of course in my book. This is the sort of situation which an effective system of laws and insurance could address. Too bad the REIC has so completely corrupted our financial system that there is little hope at the moment for governance by a rule of law with effective enforcement. If the rules of the game are written and administered to favor immoral contractors, then immoral contractors will flourish and those who try to live morally will lose out.
Comment by CharlieTango
2010-10-10 11:43:30
“If the rules of the game are written and administered to favor immoral contractors, then immoral contractors will flourish and those who try to live morally will lose out.”
these are state laws, i can only speak for california. in this case the laws are written and administered to favor the HOAs and homeowners to their own detriment.
it favors the owners by giving them something close to a slam dunk 10 years latter. everyone gets named and settlements are a forgone conclusion. it is to the detriment of owners that don’t sue as a matter of routine because they have higher costs.
the immoral contractor isn’t favored by the law but by the lack of enforcement.
Nothing new here. It’s been like this as far back as I can remember and probably long before that.
There is NO accountability NOR liability by general contractors in most states.
Amazing, huh? No warranty what-so-ever on something you just paid over $100K+ for. And people wonder why the PTB have no respect for the avg. citizen, er, I mean consumer.
Not getting ripped off is the main reason I learned how to build houses.
Isn’t it about time for Megabank, Inc to come clean and admit that the form of ‘financial innovation’ known as ‘mortgage securitization’ has been a complete financial disaster, leading to untold misery among millions of American households?
If nobody repudiates mortgage securitization, how will future generations of Americans prevent the banking industry from ramming this highly lucrative scam deep down their throats again and again?
So far as I am aware, the Fed is silent on the issue. Luckily some capable journalists are stepping up to the task:
We are on the precipice of an economic cataclysm, and this time, there may be no amount of government bailout money that can fix it.
Pretty strong, yes?
Consider the source.
In today’s Washington Post, Ariana Cha and Brady Dennis write the story that the financial and real estate industries have no doubt been dreading for some time. The article states:
“Millions of US mortgages have been shuttled around the global financial system…without the documents that traditionally prove who legally owns the loans. Now, as many of these loans have fallen into default and banks have sought to seize homes, judges around the country have increasingly ruled that lenders have no right to foreclose because they lack clear title.”
Said another way, if you are one of the millions of Americans whose mortgage company sold off your loan to Wall Street, which subsequently bundled these loans into mortgage-backed securities that were sold and resold, it is no longer clear who owns your property.
Yep. You read that correctly.
Up until now, the ailing US housing industry has been seen through the prism of the foreclosure crisis, which in turn has been viewed as the sad but necessary fallout from the financial collapse in 2008.
The thinking was that once the backlog of non-performing housing inventory was cleared out, the housing market would find a floor and begin growing (appreciating) again, either leading or joining other industries in contributing to economic recovery.
But this is only half the story.
I first wrote about this, in August 2009; how TARP, while successful, only dealt with the banks and that the foreclosure crisis had wider ramifications because it did not make appropriate adjustments for mortgage borrowers.
At the time, I did not fully appreciate how the process of securitization of mortgages impacted property title and thus the legal standing of banks in foreclosure procedures. More recently, in this post, the situation came into sharper focus, if it was still mostly hypothetical.
But a rash of events have rapidly shed light on the this pending disaster.
Recently we have had states and major banks suspend foreclosures based on the actions of “robo-signers” who processed foreclosure paperwork without thoroughly reviewing the file for completeness an accuracy. This was followed by the announcements by title insurers who stated that they would not cover mortgage titles lost in securitization nor issue insurance on foreclosed properties without evidence of a clear title. That cascaded into today’s story regarding how those titles have been chopped up or lost in the maze of securitization, threatening the very concept of ownership amid charges of fraud.
…
I had a friend who, in the late 90s, got a loan from a dotcom that was specializing in making loans for used cars. He filled out all their forms and contracts, and they sent him a check for around $22,000, and he used it to buy a used Porsche 911. They didn’t send him a payment book with the check, and he assumed it would come later. About a month later, it still hadn’t come, and he contacted them and told them he hadn’t received it. They thanked him and said it would be taken care of. Again, nothing ever came, nor was he ever asked for his payment during this entire period. He decided to do nothing else about it, and other than receiving one phone message from the business about a year later (that he said sounded more like a friendly follow-up sales call and had no mention of the loan) to which he never responded, he never heard from them again. He held clear title on the car, because he later sold it. (That car was so much fun it was dangerous- at 120mph on a highway, you still felt in total control.) He has never heard from them again.
Could this happen with a house? Holding a clear title would be unlikely, so a sale would be difficult, but could you quietly live there for free ( or rent it out) your entire life? Seems insane, but ask my friend about his free 911.
The clouds on title created by the secondary market will explode in Florida (one of the hardest hit states for defaults). Title companies will not write new policies on these defective properties. They will be lucky to survive the financial sunami coming their way on just the questionable policies already written. The look back time for review of these policies is far greater than what has been reported. I know for a fact that there have been irregularities since 2004. Property transactions will come to a halt. The real estate data in Florida overall shows that aprox. 70% of all sales are distressed (REO,short sales etc.). It will be years before this mess is straightend out.
The clear title thing is important when you want to sell. Real property is different under the law than personal property. The rules derive from the equity courts, not the law courts. As a general rule, equity rules required more documentation (lots of actions were not valid at all without a written contract where other business could be enforced with a witnessed handshake), a bit more fairness (actual notice of actions and such) and specific performance (if you bought that parcel of land you had to get that parcel, not one that as the same value but is 100 miles away).
The rules are much more mushed up now as the distinct systems haven’t exisited for a long time, but there are remaining distinctions.
So, long story short, just because something works for a car doesn’t mean there is any implication that it will work for a house.
Real property is different under the law than personal property. The rules derive from the equity courts, not the law courts. As a general rule, equity rules required more documentation
In theory I think you are correct, polly. But I think we’re about to find out how far theory got from reality in the mortgage securitization industry. Might there be mortgages out there that no one can show clear ownership of? It’s starting to look that way. If so, what happens to those homeowners? Do they get their debt erased, or will the gov come up with some fund they must pay into (since there will still be records of their loans at the level of the servicers, despite there being no clear ownership of the loan itself).
Or is this all just a paperwork problem that will get sorted out?
I guess we’ll see.
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Comment by polly
2010-10-10 09:25:29
It is possible that there will be transfers that everyone thought happened properly that never happened. Ownership will be somewhere. That is what the purpose of the written documentation was. It is possible that the actual ownership of the mortgage will end up with an entity that no one thought owned it and was not doing anything to enforce its rights. Even if the darn things are really owned by the creditors of a bankrupt loan originator, someone has the ownership.
I’ve said for the past two days, that I suspect the first transfer from the originators to the first step in the securitization process was probably done properly (maybe fraudulently as it may have been conveyed with promises about its characteristics that were untrue, but the paperwork was probably OK) most of the time. After that, I have no idea. And I don’t know how MERs fits into this. I’m not sure if all states allowed it and if so what restrictions they may have put on it.
Comment by mikeinbend
2010-10-10 12:47:46
When Bofa bought Countrywide, we thought that meant they were the new “owners” to whom we wrote monthly checks. turns out Bofa is just the “servicer” and the note belongs to Fannie Mae. So does that mean that my wife’s mortgage is part of the moratorium? (being serviced but not owned by Bofa). When was the note sold to Fannie?
Did anyone other than Fannie ever own the note? Did Bofa own and subsequently sell the note, or did they only buy the “servicing” from Countrywide, and not the note(which is owned by Fannie).
Its complicated, and I (and others) would like to understand the lineage/history of the the ownership of the note or trust deed or whatever its called. I believe the layperson deserves to understand at least, even though they admittingly are not paying and have no long term right to continue living in the house.
Is my wife’s loan under the moratorium or will our home be auctioned by Recontrust(Bofa subsidieary) as scheduled? Cuz it aint a Bofa loan(maybe it was after they bought Countrywide but before being sold to Fannie), Or was the note NEVER owned by Bofa, Countrywide or the originator American Home Mort, and all along belonging to Fannie. We were told by a Bofa regional manager that our loan was a loan serviced by Bofa, (incidentally being foreclosed on by their subsidiary Recontrust), but owned by Fannie.
See now I am utterly confused even if we need to scuttle out from our living rooms on 11/23, or possibly later?
What gives Recontrust the right to foreclose for Bofa if Fannie owns the note? We are in a non judicial state BTW.
Thanks in advance for any clarification from the brain trust here.
Comment by polly
2010-10-10 13:33:11
Mike, you can’t get advice about stuff this specific to your situation on the internet. You need a lawyer.
I’ll complete the story because it has some fun RE tie-ins.
After driving the heck out of the car for a couple or so years (it wasn’t some every-odd-sunny-Sunday-cruise-it-to-the-club mobile, but rather his daily commuter and road-trip car) he finally spun it off the road (butt first, in classic 911 style) racing around some partially developed subdivision (lots and streets but no houses or people). Ripped out the suspension etc, and the car was totaled. Then, after a full insurance payout, he either retained the salvage title or bought it back from the insurer for a pittance (I don’t remember which), he then had some shade-tree Porsche mechanic fix it for him for way less than the insurance payment. Even tweaked up the suspension and made it handle a little better. Pocketed about $8,000 and then drove it for another couple of years.
At that point, after having been paid about $8,000 for the pleasure of owning and driving the heck out of a Porsche for about 5 years, at the height of the housing bubble, he sold it to a hot-shot realtor for about $16,000.
It is nothing short of astonishing to see some rather good reporting of “mortgage-gate” start to show up in the MSM. Maybe these Establishment propaganda outlets are losing subscribers and advertisers so fast they have no choice but to occasionally write something truthful and relevant for their dwindling readership.
Mortgage giants created the Mortgage Electronic Registration Systems (MERS) to speed up the loan securitization process, but as millions of homes fell into foreclosure, the lack of a paper trail left the ownership of mortgages in question.
Ehhh, still don’t get it. Is there a particular pattern? Were the mortgages & assignments not physically recorded at the courthouse, or just not recorded with notarized signatures etc?
Or is it just every manner of technical error we’re talking about?
During the housing boom, millions of homeowners got easy access to mortgages. Now, some mortgage lenders and state governments have discovered many mortgage documents were mishandled.
» LAUNCH PHOTO GALLERY
Thanks to all the big brains here on the HBB, I’ve learned a lot about fraud so regarding the very interesting discussion on evolution the other day, there are some “soft spots’ in the theory. This Conservapedia page seems to have collected them in their article on the subject.
I never heard about these arguments because the “experts’ never told me about them.
Was I hoodwinked?
flim flammed?
bamboozled?
One of the most famous proponents of the theory of evolution was the late Harvard paleontologist Stephen Jay Gould. But Gould admitted the following:
“ The extreme rarity of transitional forms in the fossil record persists as the trade secret of paleontology. The evolutionary trees that adorn our textbooks have data only at the tips and nodes of their branches; the rest is inference, however reasonable, not the evidence of fossils…We fancy ourselves as the only true students of life’s history, yet to preserve our favored account of evolution by natural selection we view our data as so bad that we never see the very process we profess to study.[76] ”
In a 1977 paper titled “The Return of Hopeful Monsters”, Gould wrote: “The fossil record with its abrupt transitions offers no support for gradual change….All paleontologists know that the fossil record contains precious little in the way of intermediate forms; transitions between major groups are characteristically abrupt.”[77][78]
The senior paleontologist at the British Museum of Natural History, Dr. Colin Patterson, put it this way:
“ Gradualism is a concept I believe in, not just because of Darwin’s authority, but because my understanding of genetics seems to demand it. Yet Gould and the American Museum people are hard to contradict when they say there are no transitional fossils….I will lay it on the line — there is not one such fossil for which one could make a watertight argument.[79]
“Gradualism is a concept I believe in, not just because of Darwin’s authority, but because my understanding of genetics seems to demand it.”
My understanding of genetics is the mutation of just one gene can make all the difference in the world to an organism.
The mutation of one gene that eventually leads to one species branching off and evolving into another species won’t leave behind much evidence of this transition.
A couple of days ago there was posted an article that said at one time the number of our human ancestors were reduced to just a few thousand. How much fossil evidence should one reasonably expect to find from such small pool?
Also … the relentless creeping of gigantic glaciers that once covered much of the earth must have destroyed a lot of fossil evidence. In that many of our ancestors lived near these glaciers I don’t find it surprising at all to learn that relatively few of their fossils are being discovered.
What evidence that is found near where these glaciers use to be located are found in caves. Hence one could jump to the conclusion that our ancestors lived in caves.
But it may be that the only SURVIVING evidence of our ancestors is to be found in caves because caves were the only places that led to the protection of fossil evidence from creeping glaciers.
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Comment by Red Beach
2010-10-10 09:48:25
There’s a great film on the Galapagos about Owl barf in caves below the surface. If the Owl’s hadn’t regurgitated certain animal bones, there would be no evidence of them because of the destruction from lava on the surface.
The natural history of the world is missing many pieces.
If you have new species appearing and other ones disappearing but cannot find the transition…… does that mean god has re-created the inhabitants on earth several times???? I think the horse is a pretty good example of transitional stages. Just because you can’t find them for every species does not mean it didn’t occur.
The mutation of one gene that eventually leads to one species branching off and evolving into another species won’t leave behind much evidence of this transition.
All I can say is, a visit to any Wal-Mart or McDonalds confirms that mutant humanoid life-forms appear to be proliferating and spawning all around us.
“My understanding of genetics is the mutation of just one gene can make all the difference in the world to an organism.”
Yes, a small genetic change cause have a large phenotypic change, which is what you would see in the fossil record. I believe I read somewhere that chimps and humans have 98% or more similar DNA but look very different.
Oh yeah, also If you look at the field of developmental biology (which studies how a fertilized egg turns into an organism), you get all kinds of “monsters” created from a few mutations.
I’m too tired to refute this nonsense tonight, but since this out-of-context quote was made what? 40 years ago? “Transitional fossils” by the freaking truckload have been (and are continuing to be,) discovered.
A simple google search will elucidate…. Please, people. Make a cursory ATTEMPT to educate yourselves?
How damaging could growing evidence of serious problems over the foreclosure process and, quite possibly, major flaws in great swathes of the documentation used in the mortgage securitization of recent years prove to be? Very, and the potential implications stretch far beyond the appalling fact that people may have been thrown out of their homes without, so to speak, due process. If there’s one thing that the economy needs if it is to move on beyond the housing and banking crises, it is the restoration of properly functioning clearing mechanisms that allow the housing market to find a “real” level and financial markets to establish a “real” price for all those toxic securities still lurking out there.
This piece from today’s Washington Post (extract follows) gives a hint of what may be to come:
Senior Obama administration officials said Friday that a nationwide moratorium on foreclosure sales may be inevitable, despite their grave reservations about the impact a broad freeze would have on the nation’s housing market and economic recovery.
…
The White House has so far resisted joining the election-season calls for action but convened two interagency meetings this week to discuss reports that banks filed fraudulent documents to evict borrowers who missed payments as well as fundamental questions about whether banks are seizing properties without having clear ownership of the mortgages.
One meeting was made up mostly of groups that regulate the housing industry, including the Department of Housing and Urban Development, the Treasury Department and the White House. The other, which involved the U.S. Securities and Exchange Commission, the Internal Revenue Service and U.S. attorneys from across the country, was focused on the question of whether financial fraud was committed.
The evils of “fraudulent eviction” are self evident, but note also the reference by the Washington Post to questions about whether “banks are seizing properties without having clear ownership of the mortgages”, a reference to legal problems that could conceivably unwind large numbers of supposedly securitized mortgages — and pose very ugly questions indeed over where the losses associated with them should lie.
…
The White House has so far resisted joining the election-season calls for action but convened two interagency meetings this week to discuss reports that banks filed fraudulent documents to evict borrowers who missed payments as well as fundamental questions about whether banks are seizing properties without having clear ownership of the mortgages.
This Administration and the “leadership” of both parties will be guided by one objective: to provide legal and political top-cover for their corporatist bankster masters at the expense of the sheeple. Wait and see.
The Executive and Legislative branches of America’s Constitutionally-established government have failed miserably to enforce a rule of law in the banking sector. I am still holding out hope that the Judicial branch may eventually clamp down on what, by all appearances, appear to be fragrantly felonious acts by high-level executives in the banking system.
The Executive and Legislative branches of America’s Constitutionally-established government have failed miserably to enforce a rule of law in the banking sector.
That’s because the Executive and Legistlative branches have been co-opted and corrupted by the banking sector.
Janet Tavakoli is the founder and president of Tavakoli Structured Finance Inc. She sounded some of the earliest warnings on the structured finance market, leading the University of Chicago to profile her as a “Structured Success,” and Business Week to call her “The Cassandra of Credit Derivatives.” We spoke this afternoon about the turmoil in the housing market, and an edited transcript of our conversation follows.
Ezra Klein: What’s happening here? Why are we suddenly faced with a crisis that wasn’t apparent two weeks ago?
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Up to 40 states plan inquiry into foreclosure data
Attorneys general in up to 40 states plan investigation into flawed foreclosure paperwork.
WASHINGTON (AP) — The attorneys general of up to 40 states plan to announce soon a joint investigation into banks’ use of flawed foreclosure paperwork.
A person briefed on the investigation said Saturday night that an announcement could come as early as Tuesday. The person spoke on condition of anonymity because the investigation was not yet public.
Iowa Attorney General Tom Miller will lead the investigation. Miller already has been leading multistate reviews of questionable foreclosure documents.
A joint investigation by 40 states would further escalate pressure on banks to widen their suspensions of foreclosures. On Friday, Bank of America became the first bank to halt foreclosures in all 50 states.
All these State AGs are salivating at the chance to use crusades against the New York based TBTF banks as a springboard to pose as “champions of the sheeple, er, people” in preparation for future runs for governor or Congress. While their motivation may not be the purest, I hope they go after the banksters hammer and tong and force the kind of fundamental reforms in the lending system that are long overdue.
It was Ohio and perhaps a few other states that had tried to crack down on predatory lending, but were blocked by the feds. Various federal agencies have had ample opportunity to go after the rampant fraud of the bubble years, but have done little.
More power to the state AG’s, whatever the motives, if they’re willing to step in and start doing what the feds should have been doing for years. Forty state AG’s acting together would be a powerful force.
Just wait until Calpers, et al decide that the mortgages in the trusts that issued the toxic waste were never really transferred to the trusts under state law. Then they are going to demand that the creators of the trusts (invesment banks) have to refund the money the trust used to “buy” the mortgages and take the non-performing mortgages back.
I would respond if I understood what you were saying, but I’m afraind I don’t have any idea. I’ll try to respond later if you want to explain what your post means.
Comment by Professor Bear
2010-10-10 14:44:49
“Poof” as commonly used here refers to the opposite of the Fed’s money creation activities: i.e., money vanishes into thin air.
Not sure if this was the intended meaning as a word root of “poofiness”?
Comment by Red Beach
2010-10-10 15:25:27
Yes
Comment by polly
2010-10-10 20:08:21
Well, then sort of if you mean that the lawyers get a large chunk of it. Otherwise it is pretty much a zero sum game. The owners of the bonds would get money from the investment banks if they were successful, and everything would stay the way it is if they were not.
With well over a million homes being repossessed, 2010 is shaping up to be a record year for foreclosures in the U.S. But there are serious questions about the way many have been carried out, and now prosecutors are investigating whether some of the country’s largest banks committed fraud.
Bank of America, Chase and GMAC Mortgage have put tens of thousands of foreclosures on hold and lawmakers are calling for a nationwide moratorium after bank employees acknowledged that they failed to conduct required reviews.
The question is whether this was just a costly paperwork glitch for the banks or if it’s another mortgage fiasco for the whole country.
“I’ve tried to read everything I can, I’ve called tons of people — I’m trying to figure out how big is this issue, and the answer seems to be nobody really knows,” says Thomas Lawler, an economist and former vice president at the mortgage giant Fannie Mae.
Nobody knows how the courts are going to react, but everybody is taking this very seriously — in part because it’s possible that the major lenders were committing fraud in hundreds of thousands of foreclosure cases over the past several years.
…
“I’ve tried to read everything I can, I’ve called tons of people — I’m trying to figure out how big is this issue, and the answer seems to be nobody really knows,” says Thomas Lawler, an economist and former vice president at the mortgage giant Fannie Mae.
Yet another refrain of “nobody saw it coming” or in other words, everybody is responsible so nobody is accountable. This guy and his ilk belongs on the same chain gang as Chris Dodd and Barney Frank. They don’t want to “figure out” this issue because then they’d have to admit the magnitude of their own criminal negligence in bringing this situation about.
Ok , I have had this feeling all along for years now that they discovered a flaw in the MBS’s ,as in defective product . Not only did those thugs rate those securities incorrectly as being AAA grade
but it’s starting to come out that the transfer of title was defective . Not only did the Lenders/Middlemen breach their duty to actually underwrite loans and prevent fraud in their “Wealth Creation Ponzi Scheme “, it appears the paperwork was defective, as well as the ratings of the securities were that were sold to the Secondary Market .
There has been a PR ploy circulated that in spite of the Lenders/Middlemen outright breaching their duty in every way to market sound and properly rated securities that this was legal while it might not be moral . All BS as far as I’m concerned , It’s the biggest Obstruction of Justice case in History .
One has to ask why the big guest to transfer the mortgage paper to another entity (Hank Paulson’s big ploy to transfer Bad Bank assets to another entity like F&F ) . Why the big push to re-write the notes ? Why the big guest to give par value for the non=performing paper ? I think the investors of many MBS’ funds were bailed out because it would of been discovered that so much of that stuff was defective and the Middle men including Goldman Sachs would of had to buy back the paper anyway . Bail outs avoided the reality of what standing law would of revealed .
This title problem would also explain why the Lenders have been having a difficult time in the foreclosure process . It would explain why the powers were overlooking the outright fraud of borrowers and mortgage makers . In truth AIG could of denied paying off on
those Credit Default Swaps based on fraud as a insurance Company always has that right . Anybody think it was rather odd that all of a sudden AIG insured this degree of paper in the highest peak of the market ,yet they never demanded a investigation of the paper they insured and were willing to pay off at par value ?
All you have to do is watch the chain of events that occurred leading up to Tarp and after that and the way the POWERS were going about everything and it was puzzling to say the least .
I have said all along it was a fraudulent/ defective loan product and process market and the actions that were taken were cover-ups for the true liability of parties .This goes beyond moral hazard
and it was simply the biggest Obstruction of Justice case in the United States History of financial cases .
What about appraisals? What happens in a neighborhood when a large percentage of the homes are stalled due to the latest foreclosure fraud? I would not want to be an underwriter/title insurer or an appraiser right now.
Treasury Secretary Henry Paulson, with other top officials, before the Senate Banking Committee Sept 23, 2008. | Chuck Kennedy / MCT
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Paulson and Federal Reserve Chairman Ben Bernanke have been widely praised for engineering the Wall Street bailouts, which avoided systemic chaos, and they’ll probably get more plaudits if the government recovers much of the $400 billion in loans it made to financial institutions.
However, while Paulson has been criticized, unfairly or not, because $12.9 billion of the bailout money went to Goldman, he’s drawn little scrutiny for what he did in his first 18 months in office, during the final frenzied stages of the housing bubble.
In his eight years as Goldman’s chief executive, Paulson had presided over the firm’s plunge into the business of buying up subprime mortgages to marginal borrowers and then repackaging them into securities, overseeing the firm’s huge positions in what became a fraud-infested market.
During Paulson’s first 15 months as the treasury secretary and chief presidential economic adviser, Goldman unloaded more than $30 billion in dicey residential mortgage securities to pension funds, foreign banks and other investors and became the only major Wall Street firm to dramatically cut its losses and exit the housing market safely. Goldman also racked up billions of dollars in profits by secretly betting on a downturn in home mortgage securities.
“No one was better positioned . . . than Mr. Paulson to understand exactly what the implications of his moving against the (housing) bubble would have been for Goldman Sachs, because he knew what the Goldman Sachs positions were,” said William Black, a former senior thrift regulator who delivered the harshest criticism of the former secretary.
Paulson “knew that if he acted the way he should, that would have burst the bubble. Then Goldman Sachs would have been left with a very substantial loss, and that would have been the end of bonuses at Goldman Sachs.”
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Goldman Sachs was Obama’s second largest contributer, after BP. It was a wise investment on their part. The dolts who thought they were voting for “hope n change,” on the other hand, might be feeling a bit hoodwinked, though most will bleat “it’s all Bush’s fault” and eagerly vote for the next charlaton the Republicrat duopoly presents them as a “choice”.
President Obama’s new National Security Advisor spent the decade prior to joining the White House as a legal advisor to powerful interests including Goldman Sachs and Citigroup, and as a lobbyist for Fannie Mae, where he oversaw the mortgage giant’s aggressive campaign to undermine the credibility of a probe into its accounting irregularities, according to government reports and public disclosure forms.
Thomas E. Donilon has been formally advising Obama on national security matters since the president’s transition to the White House, and he worked in President Clinton’s state department during the 1990s. But in between these high-profile public-sector assignments, Donilon was a highly paid lobbyist who represented an array of well-heeled and powerful clients, including former Republican New Jersey Gov. Christie Todd Whitman and Obama’s 2008 campaign fundraising chairman, billionaire heiress Penny Pritzker.
After a stint at the law firm O’Melveny & Myers, where Donilon was registered as a lobbyist for Fannie Mae, he took on full-time work with the mortgage giant as executive vice president for law and policy. Donilon’s name appears on Fannie Mae’s public lobbying disclosure reports between 2000 and 2005.
While housing sales were still booming, internally these were troubled years for the company. In a report first noted by ABC News in 2008, Donilon is described as someone who lobbied for and helped paint a rosy picture of Fannie Mae’s financial health to the company’s board. He did so at a time when Fannie Mae faced accusations that it was misstating its earnings from 1998 to 2004. Fannie Mae settled with the Securities and Exchange Commission for $400 million in 2006, and did not admit any wrongdoing.
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HOW BOB WOODWARD DROVE THE NAIL IN JIM JONES’S COFFIN
By Josh Rogins — foreignpolicy.com
Jim Jones was preparing to leave his job as national security advisor in early 2011, according to Bob Woodward’s Obama’s Wars. Ironically, controversy erupting from that very same book may have contributed to Jones speeding up that schedule by several months; President Obama will announce his departure today, and that his replacement will be his deputy, Tom Donilon.
Immediate reaction within the administration to Jones’s resignation was consistent with the long-held view that Jones was never able to be effective as national security advisor because he was outside of Obama’s inner circle and was intellectually and sometimes physically cut out of major foreign policy discussions.
Since winning the Republican primary, Meg Whitman has banked $105,700 more in donations from her old contacts at Goldman Sachs, the powerful and controversial investment bank.
Whitman, the billionaire former CEO of the online auction house eBay, has spent more of her own money on her gubernatorial campaign than any political candidate in U.S. history – $119 million, state records show. That includes $48 million more in checks since the primary.
But she’s also collecting political donations.
Goldman, where Whitman has variously been an investor, a corporate director and a recipient of insider stock deals, has emerged as the GOP candidate’s biggest single outside source of campaign cash, records show.
Through last week, donors with Goldman connections have given Whitman $216,200. Donors associated with the Food 4 Less supermarket chain rank second, at $207,200, according to a California Watch review of state records.
Whitman has strong ties to Goldman. Much of her $1.2 billion fortune is invested in Goldman funds, according to her economic disclosure report. A Goldman subsidiary manages the money in her family foundation.
In 2001 and 2002, she served on Goldman’s board, where she was paid an estimated $475,000. She left the board after she was singled out in a congressional investigation of “spinning,” a now-banned practice in which investment banks allegedly traded access to insider stock deals in exchange for corporate underwriting business.
Goldman is perennially the most profitable of Wall Street investment banks, and over the years many U.S. politicians have regarded an association with the firm as a badge of honor.
But the investment bank faced harsh criticism for its wheeling and dealing in the ramp-up to the 2008 market crash and ensuing world recession. In July, Goldman paid a record $550 million – $350 million to the federal government, $200 million to investors – to settle a Securities and Exchange Commission lawsuit charging that the investment bank had fleeced German banks by selling them doomed investments based on underwater U.S. home loans. Goldman denied wrongdoing.
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I don’t know the details, but they were behind on payment, 8 kids or not. This presentation of “victims” smells, imho.
(Very close to my former residence in So Ca.)
SACRAMENTO, Calif. — The Detroit mayor’s office on Thursday sharply criticized California Republican gubernatorial candidate Meg Whitman for comparing Fresno to Detroit and calling it “awful.”
Karen Dumas, a spokeswoman for Detroit Mayor Dave Bing, said in a statement Thursday to The Associated Press that the billionaire candidate should focus instead on investing in communities such as Detroit and Fresno.
“Fresno, like Detroit, shares the reality of being an urban city that continue(s) to bear the burden of a Wall Street meltdown,” Dumas said. “Perhaps Ms. Whitman is better served in making investments in communities like Detroit and Fresno rather than profiting at their expense.”
Whitman, the former chief executive officer of eBay, once served on the board of investment firm Goldman Sachs.
Whitman made the comment Tuesday in an interview with the editorial board of the San Jose Mercury News, which reported her statement the next day.
“Fresno looks like Detroit. It’s awful,” she said.
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How about if instead of trying to resurrect the practice, mortgage securitization is turned into a federal crime, with those who perpetrate it required to serve prison time?
In the past, Fannie Mae and Freddie Mac operated as profit-making entities backed by an implicit government guarantee. That toxic combination always seemed designed to lose billions of taxpayer dollars, and that is exactly what happened.
Looking forward, the best option is to replace them with an entirely public entity that enables securitization by guaranteeing 30-year fixed-rate mortgages and that charges a high enough premium to stay solvent. We then should hope that private competitors will eventually put the public entity out of business.
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‘We just need a Fannie Mae and a Freddie Mac do over’
Let’s look at how insane this discussion gets. From the article:
‘Looking forward, the best option is to replace them with an entirely public entity that enables securitization by guaranteeing 30-year fixed-rate mortgages and that charges a high enough premium to stay solvent. We then should hope that private competitors will eventually put the public entity out of business.’
‘The job of the entity should not be expanded to include holding a vast portfolio of mortgages, providing affordable housing for the poor or stability for the financial system. We have other, better instruments to promote housing affordability, like Section 8 housing vouchers and the Federal Housing Administration. The Federal Reserve System, the Federal Deposit Insurance Corporation and the Treasury are far better positioned to protect the financial system.’
‘I’m hoping that the entity will develop a conservative penny-pinching culture roughly akin to that held by old-style central bankers’
‘Ideally, the new entity would be at least as independent as the Federal Reserve System.’
So about this:
’should not be expanded to include…providing affordable housing for the poor or stability for the financial system’
This is interesting, as keeping housing prices higher is sold to us as key to ’stability for the financial system’. And where’s the role of the GSEs in the housing bubble in all this? It’s typical DC think to ignore that a ‘quasi-govt’ organization supposedly charged with affordable housing actually was instrumental in the speculative mania/lending disaster AND used it’s lobby to squelch reform efforts.
But according to people like this guy, we must have another GSE? Here’s a suggestion; let’s just skip it. I’ll bet we’ll never even notice they’re gone.
” Looks like we’ll have competition among the world currencies to contend with for a while longer. The International Monetary Fund (IMF) meeting Friday and Saturday didn’t resolve the problem, but IMF pledged to “deepen its work” in trying to resolve the present “war” among the money units of the U.S., Europe, China, and Japan. Canadian Finance Minister Jim Flaherty said, “Currency disputes can easily become trade disputes.”
The big fear is that devaluing currencies could lead to trade wars such as occurred in the early 1930s, contributing to the Great Depression.
~ Currency Disputes
There’s a glimmer of hope in the present currency mess. It could lead to the shocking conclusion that governmental management of money leads to a dead end. It always has, through the ages. No exceptions. And the sad thing is the United States is losing its long-held reputation for producing the most trustworthy currency in the world. Increasing numbers of Americans are holding CDs and other financial instruments denominated in foreign currencies. They are betting AGAINST the U.S.!
No Social Security COLA expected for 2011
By STEPHEN OHLEMACHERAP posted: 6:26 AM 10/10/10
AP
WASHINGTON -As if voters don’t have enough to be angry about this election year, the government is expected to announce this week that more than 58 million Social Security recipients will go through another year without an increase in their monthly benefits.
It would mark only the second year without an increase since automatic adjustments for inflation were adopted in 1975. The first year was this year.
“If you’re the ruling party, this is not the sort of thing you want to have happening two weeks before an election,” said Andrew Biggs, a former deputy commissioner at the Social Security Administration and now a resident scholar at the American Enterprise Institute.
“It’s not the congressional Democrats’ fault, but that’s the way politics works,” Biggs said. “A lot of people will feel hostile about it.”
The cost-of-living adjustments, or COLAs, are automatically set each year by an inflation measure that was adopted by Congress back in the 1970s. Based on inflation so far this year, the trustees who oversee Social Security project there will be no COLA for 2011.
That’s a given, they always give themselves a raise and the gubmint worshipers think it’s great that their masters are so well taken care of. Because people are smart!
Yeah I remember the downturn in the early 1990s. Base Realignment and Closures - BRACs, decimated California real estate. If it wasn’t for me paying mortgage on a depreciating house, I would have not been so much aware of any pain in the defense cuts in those days. Still had plenty of work to do as a government employee. You never work overtime as a feral employee. At least in those days my pay was below what I’d get in the private sector. But eleven paid holidays per year, every other Friday off, two hour drive to Mammoth Lakes for snow skiing. There were some good things about that place…
Bottom line is that I had a secure job there at the base. I have a bunch of friends still working there. One is in his early 50s and he and his wife are about to retire. They are DINKs and very happy go lucky people. I’d give the shirt off my back to them.
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Comment by SDGreg
2010-10-10 10:22:56
“You never work overtime as a federal employee.”
I’ve worked overtime every year I’ve worked for the federal government. It’s not something I like doing because pay for the overtime hours is either the same or usually less than if I was scheduled to work those same hours.
Comment by polly
2010-10-10 11:28:06
I didn’t go home until 10:30 PM one day last week. And I don’t get paid a penny for it. I do get credit for hours that I can take off later in the month.
Comment by Bill In Los Angeles
2010-10-10 11:43:13
I remember back in those days I had to do computer maintenance tasks after hours. The technical lead was a great engineer everyone liked. One time I cannot forget is that we had a major thunderstorm and power went out. I could not see to do my work so it was time to go home. Still was able to secure the room. I was entering the next lab room to get ready to secure it and heard the tech lead’svoice - “Who’s that?” I was laughing. The guy was waiting in the lab somewhere for the power to go back on so he could continue working.
My own correction to the earlier post: You never get paid overtime as a federal employee at least in the organization where I worked. You certainly can get comp time. I had lots of it but never used it. Had so much opportunity to take days off. But a federal employee’s salary is not enough to rub elbows with the Los Angelenos often enough at Mammoth Mountain.
There is no COLA for federal employees. There is an increase that is supposed to up federal workers salaries to be equal to that earned by their private sector counterparts with similar education and experience. Now, I am of the opinion that this number is essentially unknowable. Working conditions are too different especially at a time when private sector employment is subject to layoffs. But some Congress came up with a formula, passed the legislation, and a president signed it. If it was ever allowed to be implemented, it would raise federal worker salaries by about 10 to 15% across the board. However, it is never allowed to happen. The government always passes something that prevents the automatic number from kicking in. So fed workers get 1.9% or something like that instead of 10 to 15%. It could easily be 0% in some year in the future, but it will have to be done explicitly by an act of Congress. If Congress does nothing, the giant pay increase would kick in automatically.
Tell them about the locality pay differential Polly.
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Comment by polly
2010-10-10 20:24:58
Part of the pay raise is alloted to locality pay which acknowledges that the overall pay scale in certain metro areas is higher than it is in non-metro areas. The whole thing is outrageously political (vast swathes of West Virginia are included in the DC metro area) and reflects almost no reality on the ground at all.
Not really. Palmy is just pointing out that fed gov will close ranks and take care of its own with raises, deficits be damned. Combo is just pointing out that this is just the beginning of “promised money” not being delivered, and IMHO we will see more gov’t spin (regardless of who is in charge) on downplaying real inflation to reduce SS (and other) payouts.
Are you suggesting that the cost of living didn’t increase this year?
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Comment by CharlieTango
2010-10-10 07:19:54
I realize the CPI is flawed.
By law, Social Security and Supplemental Security Income benefits increase automatically each year if there is an increase in the Bureau of Labor Statistics’ Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), from the third quarter of the last year to the corresponding period of the current year. This year there was no increase in the CPI-W from the third quarter of 2008 to the third quarter of 2009.
I thought last week’s job announcement said 95,000 jobs were lost and 65,000 private sector jobs were created. If my math is correct, a net 160,000 government jobs were abolished.
So maybe the COLA for government employees is not all bad as long as non-essential jobs are cut.
I’m planning on sticking to the defense sector, whether as a federal employee or private employee. I have a variety of knowledge on different systems and last time I checked the US constitution, the government (taxpayers) must provide for the common defense. So some way or another the constitution okays the development and production of the tools of defense. They are not done for free.
It’s important to note that if the cost of living (as presently computed) goes down, Social Security recipients just don’t get an increase, instead of getting a decrease in line with the decrease in the cost of living.
The worst situation would probably be one in which prices are rising rapidly, so you have to wait until the next annual adjustment to catch up and then immediately begin falling behind again.
Declining prices with no decline in benefits is the best situation, except to the extent to which the computed cost of living doesn’t mesh with the actual cost of living.
Credit card reform isn’t providing relief for small-business owners
San Antonio Business Journal
More finance reform may be on horizon in the form of tighter guidance for credit cards issued to small businesses.
And though it still remains a long shot for this year, area small-business owners and experts say such reform legislation is necessary and already overdue.
Some eights months after the consumer credit-card reform legislation, or CARD Act, went into effect nationally, the National Small Business Association continues to lobby for legislation that would place business and professional credit cards under the same guidelines as are now in place for consumer cards.
The CARD Act was designed to foster greater transparency through clear disclosure of contract terms and better billing and marketing practices. For example, it does not allow credit card issuers to charge consumers an inactivity fee, multiple penalty fees for the same transaction, or a late fee of more than $25 unless one of the cardholder’s last six payments was late (and then it can only go up to $35). The act also requires credit card issuers to explain any increase in their card’s annual percentage rate and to re-evaluate the increase every six months for a possible reduction in rate.
However, these guidelines were not extended to business credit cards, resulting, some observers contend, in a shifting of the burden to small businesses in the form of higher interest rates and onerous credit-card terms.
Mainstream media constantly chatter about what Congress is doing.
But what about the vitally important things Congress is NOT doing?
“For the first time since modern budgeting was introduced with the Budget Act of 1974, the House failed to even write a budget,” writes Charles Krauthammer. “This in a year of extraordinary deficits, rising uncertainty and jittery financial markets. Gold is going through the roof. Confidence in the dollar and the American economy is falling — largely because of massive overhanging debt. Yet no budget emerged from Congress to give guidance, let alone reassurance, about future U.S. revenues and spending.
“That’s not all. Congress has not passed a single appropriations bill. To keep the government going, Congress passed a so-called continuing resolution (CR) before adjourning to campaign.”
MYRTLE BEACH - Myrtle Beach area residents who have seen the market values of their homes drop in the recession say the county tax assessor is overestimating the worth of their property.
The county’s new assessments going out in the mail this year are based on values as of Dec. 31, 2008. That’s about one year after the beginning of the recession and six months before its end.
Since then, sales prices in Horry County have dropped between 4 percent for single-family homes and 28 percent for condos.
Some residents say neighboring homes that are bigger and sometimes on larger lots are selling for less than the assessed values of their own homes, prompting concerns that their property value is well below what the county says it is.
Boo hoo. And when they were bragging to eachother in 2005/2006 about their soaring home values, none of them were complaining about the fact their assessments hadn’t caught up to the “value” of their houses.
“We have to keep doing everything we can to accelerate this recovery,” President Barack Obama said. “The only piece of economic news that folks still looking for work want to hear is, `You’re hired.’ And everything we do is dedicated to make that happen.”
So hows that working out so far Barry?
Of course he like many millions of Americans don’t or can’t understand, it is not governments roll to “create” jobs.
Actually, what most folks out of work would like to hear from Barry is “I apologize to the nation for my failure to lead. I and my entire cabinet, and all the members of both parties who have presided over the diastrous policies of the past dozen years, will be resigning and leaving town under cover of darkness, effective immediately.”
Leaving the governors of the states to appoint their buddies to take over the empty Congressional seats and the executive branch agencies to do whatever they feel like with the political appointees below cabinet level running the show?
OK, fine, if you insist, then let’s have the governors and the political appointees leave as well.
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Comment by polly
2010-10-10 11:40:21
So the state legislatures will probably appoint the new Congress (from their own ranks, no doubt) and the civil service senior managers of the executive branch agencies will run the show without the political appointees cramping their style.
Look, if what you want is to dump the Constitution and go back to a system of loosely affiliated but sovereign states, you can say so. But dumping the people who you can point a finger at without dismantling the whole system doesn’t work. It just leaves you with a huge bureaucracy and no elected government to run it.
Comment by Sammy Schadenfreude
2010-10-10 12:00:06
By all means. And make sure the zombies who elected them get their lobotomies reversed before they’re allowed to go anywhere near a voting booth.
Is teaching math and history in public school through hip-hop and rap “music” is a method taxpayers should be supporting.
Welcome to “Flocabulary,” a teaching system said to be used in more than 10,000 schools nationwide.
Here’s part of the lyric of a history lesson; “Andrew Jackson thinks he’s a tough guy. Killing more Indians than there are stars in the sky. Evil wars of Florida killing the Seminoles. Saying hello, putting Creek in the hell holes. Like Adolf Hitler he had the final solution. ‘No, Indians, I don’t want you to live here anymore.”
Another; “White men getting richer than Enron. They stepping on Indians, women and blacks. Era of Good Feeling doesn’t come with the facts.”
Let’s say someone decide to strategically default, and roll the dice to see whether the bank’s paperwork is in order. Do they continue to pay property tax and HOA fees (in the hopes that the bank can’t foreclose due to a paperwork mess), or do they stop paying the whole thing on the assumption that they will lose the thing anyways?
It will be interesting to see the number of people behind on their mortgages about 90 days from now..
Good question.From what I have seen the people that have no intention of paying a dime do not pay the property taxes or hoa fees.So when the bank gets the home back and want to sell it they have to pay the back taxes and hoa to have clear title for the new owner.
Like I have said before the govt is making the problems worse.they keep rewarding people for not paying.More people are going to test the waters I’m afraid.
For people that have been unsure if they should strategically default this provides great incentive to do so. Banks got bailed out by the government/taxpayer, so why not create your own bailout? Once rule of law and morality have broken down it will become increasingly difficult to convince people to play by the rules. Rules are for suckers, everybody else will get bailed out.
Gold bullion coin in my three hiding places is my rule of law and morality to insure myself from the social consequences when strategic defaults significantly increase.
“Do they continue to pay property tax and HOA fees (in the hopes that the bank can’t foreclose due to a paperwork mess), or do they stop paying the whole thing on the assumption that they will lose the thing anyways?”
If I were going to gamble this way (and I am not), I would keep paying taxes and HOA, on the presumption that if the bank’s paperwork is in a state of disarray which prevented them from foreclosing on me, then I would be in the good graces of my state government and HOA authorities, who might be determined and capable of having me removed from my home even if the bank was incapable of doing so.
Of course, if a home owner is completely debt-beat, they may lack the means to even pay property taxes and HOA, in which case the ‘no payment / hope for the best’ strategy might be the only option.
If I was going to do it I would quit paying everything to show I’m serious.I would squirrel the money away and if things didnt go my way I would bring everything current before a trustees sale.I think if you show you are will to pay anything you lose power in the negotiations.Act as if you have totally given up.
Financial market prediction for near-term: The outlook will remain “unusually uncertain” for the foreseeable future; and the prospect for an export-led U.S. labor market recovery is unusually bleak.
WASHINGTON— The International Monetary Fund’s annual meeting this weekend failed to ease currency battles roiling markets, pushing the dispute off to a summit next month of leaders of Group of 20 countries, with no clear resolution in sight.
The meeting Saturday might have been more significant for possible solutions ruled out. Chinese central bank officials rejected calls for an international or regional currency accord, and the World Trade Organization’s chief said his institution didn’t want to get involved in exchange-rate fights.
IMF members also scotched an effort by the U.S. to link a bigger Chinese role in the IMF to changes in Beijing’s currency policies. “Nobody is linking this,” said Egyptian Finance Minister Youssef Boutros-Ghali, who chairs the IMF’s policy-making committee.
Youssef Boutros-Ghali, Minister of Finance of Egypt and Dominique Strauss-Kahn, IMF Managing Director, spoke at a press briefing by the IMF’s Board of Governors during the IMF’s meeting in Washington, DC.
A U.S. official said the Obama administration would take the fight over currencies to a Seoul summit of leaders of the G-20 industrial and developing nations in mid-November. The administration used the last G-20 summit in June to prod China to announce beforehand that it would adopt a more “flexible” currency policy, rather than tying the yuan tightly to the dollar. But after the summit, the value of the yuan barely moved, provoking outrage on Capitol Hill and frustration in the Treasury and White House.
The U.S., European nations and a number of emerging-market countries complain that China is deliberately undervaluing its dollar to aid its exporters. To compete, South Korea Brazil and other Asian and Latin American nations have taken measures to beat down the value of their currencies as well, leading to fears that these efforts may presage a trade war.
If joblessness persists, “there’s a danger countries will turn inward, and, as a result, international cooperation will falter,” said World Bank President Robert Zoellick in a weekend briefing.
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The yuan rose to a record high Friday, despite the government’s vocal opposition to sharp appreciation.
The People’s Bank of China, China’s central bank, set the yuan’s central parity rate at 6.6830 against the dollar Friday, hitting a new high since the country launched currency reforms in July 2005.
The yuan gained in early trade to about 6.6710 against the dollar, Dow Jones Newswires reported, indicating an appreciation of 2.3 percent since the central bank in June announced plans to proceed with foreign exchange reforms. Those reform measures were previously put on hold due to the global financial crisis.
The rising yuan is in line with the government’s recent pledges to maintain a more flexible currency.
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I’m surprised that Turbo Tax Timmy’s mea culpa in the WaPo hasn’t been posted yet…..
Oh wait, it’s not a mea culpa. It’s all about how we taxpayers are WRONG about what TARP accomplished.
Treasury Secretary Timothy Geithner tackles five myths about TARP…
1. The TARP cost taxpayers hundreds of billions of dollars.
2. The TARP was a gift for Wall Street that did nothing for Main Street.
3. The TARP was a quick fix for the market meltdown but left our financial system weak.
4. The TARP worsened the concentration of the banking sector, leaving it more vulnerable to another crisis.
5. The TARP was the centerpiece of a strategy by President Obama to assert more government control over the economy.
I’m glad that TTT convincingly argued that these layman thoughts were all wrong.
TARP did have one undisputable benefit: It clearly showed who the Republicrat duopoly’s real “constituents” are, not that the morons who elected them paid any notice.
I have no evidence to bear on whether the Fed and its banking sector minions actively game the stock market on bad data release days like last Friday, but I find it puzzling how MSM commentators consistently presume that all stock market movements are driven by decentralized private investor decisions instead of centralized government intervention. This seems like a stretch, to say the least.
NEW YORK (MarketWatch) — As anyone who followed stocks’ reaction to a dreadful U.S. jobs report on Friday will have noted, markets are currently swimming in a world of monetary stimulus.
If the Dow rallied past 11,000 for the first time in five months, it’s because the jobs report was the latest and most important in a string of weakening reports that all but guarantee that the Federal Reserve will soon provide more easy money to try and boost the economy.
That’s great for the short to medium term for the market.
Another round of asset purchases from the Fed should keep government bonds in favor, put further pressure on the dollar while lifting stocks and commodities and, of course, gold.
But for the longer term, the question arises as to what happens to all the build-up in risk that emerges when rallying assets are so-far removed from deteriorating fundamentals, such as weakening economies and employment in most of the industrialized world, along with the rising threat of deflation.
It’s often heard in markets and often said by commentators that even in bad economic times for the domestic economy, “global growth” can save the day. It was noted recently in this column that Japan, even during its Lost Decade of deflation, had managed to benefit from global growth, especially the 1990s technology boom.
But in today’s world, two years after the eruption of the worst financial and economic crisis since the 1930s, most countries want to stimulate their economies and lower their currencies to boost exports at the same time.
Not everyone will succeed. The game is already rigged in favor of China, which keeps its currency artificially undervalued maybe by as much as 40%, according to some estimates. Meanwhile, the “growth” generated by China, and in much of Asia, is not leading to more demand for goods made elsewhere.
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Some bovines have yet to abandon their faith in money that grows on trees. Never mind Japan’s abysmal failure in this area over the past two decades.
Buttonwood The magic bullet How the bulls believe quantitative easing will boost asset prices
Oct 7th 2010
BACK in the days of the gold standard countries competed to show their commitment to “sound money”. Nowadays, the competition is in a different direction: to create more money and weaken the currency. Brazil’s finance minister has talked of an “international currency war”. Dominique Strauss-Kahn, the head of the IMF, this week warned against using currencies as a policy weapon.
Wishing that your currency would decline is not the same as making it do so. The old tactic of cutting interest rates has been pursued almost to exhaustion, although Japan lowered rates to a 0-0.1% band this week (see article). But it is hard to create much of a yield differential within the developed world when rates are at or below 1% almost everywhere.
Intervention has been pursued in the rich world by both the Japanese and the Swiss. But intervention works best when central banks co-ordinate their purchases, and which country is going to help another to devalue?
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This is the tip of Meg’s iceberg, IMO. Don’t vote for Gollum’s candidate, California!
The California governor’s race Enter the housekeeper An illegal immigrant disrupts the race to run the world’s eighth-largest economy
Oct 7th 2010 | Los angeles
ON OCTOBER 2nd Meg Whitman, the Republican candidate, began her second debate against Jerry Brown, her Democratic opponent, by admitting to a Hispanic audience that “I cannot win the governor’s race without the Latino vote.” And yet the ensuing debate—with questions asked in Spanish by Latino moderators—might just have cost her that vote, and thus the entire election.
If Ms Whitman, a billionaire and former boss of eBay, had had her choice of topics, they would have been the evils of California’s belated budget, red tape and government waste, all of which she, as a tough businesswoman, promises to cut in an effort to create jobs. And she would have reminded voters that several public-sector unions, whose taxpayer-funded largesse towards their pensioners is one of California’s biggest economic problems, are putting their money behind Mr Brown. But the biggest issue, instead, was illegal immigration. And the reason for that was Ms Whitman herself.
Only days earlier, a sobbing Mexican mother, Nicandra Diaz Santillan, had told a stunned press corps in Los Angeles that she had worked as a housekeeper for Ms Whitman for nine years until June 2009, when she confessed that she was an illegal immigrant. According to Ms Diaz Santillan, Ms Whitman, who was promising to be “tough as nails” on illegal immigrants and their employers to win the Republican nomination, promptly fired her. Wiping away tears, Ms Diaz Santillan said that Ms Whitman was “throwing me away like a piece of garbage”.
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i’m no fan of meg whitman. color me anyone but moonbeam.
however
whitman got the housekeeper from an agency. when the whitmans where notified of a discrepancy between the employees name and her social security number the whitmans asked the housekeeper for an explaination. the explaination was that she was and illeagal alien.
she wasn’t promptly fired, she was treated with consideration.
The documents, which Whitman claims Nicky filled out and signed back in 2000 during her application for employment, appear to show that the maid stated under the penalty of perjury that she was a “lawful permanent resident” of the United States.
Whitman also claims Nicky provided her with a social security card and valid California Driver’s License with her employment application … which Meg kept and has now handed over to TMZ.
Whitman has also issued a statement on the matter, saying … “After 9 years of faithful service, Nicky came to us in June 2009 and confessed that she was an illegal worker.” Whitman continues, “Nicky has falsified the hiring documents and personal information she provided to the employment agency that brought her to us in 2000.”
And, Whitman continues, “I believe Nicky is being manipulated by Gloria Allred for political and financial purposes during the last few weeks of a hotly contested election.”
Whitman concludes, “This is a shameful example of the politics of personal destruction practiced by people like Jerry Brown and Gloria Allred. The charges are without merit.”
The documents, which Whitman claims Nicky filled out and signed back in 2000 during her application for employment, appear to show that the maid stated under the penalty of perjury that she was a “lawful permanent resident” of the United States.
Whitman also claims Nicky provided her with a social security card and valid California Driver’s License with her employment application … which Meg kept and has now handed over to TMZ.
Whitman has also issued a statement on the matter, saying … “After 9 years of faithful service, Nicky came to us in June 2009 and confessed that she was an illegal worker.” Whitman continues, “Nicky has falsified the hiring documents and personal information she provided to the employment agency that brought her to us in 2000.”
And, Whitman continues, “I believe Nicky is being manipulated by Gloria Allred for political and financial purposes during the last few weeks of a hotly contested election.”
Whitman concludes, “This is a shameful example of the politics of personal destruction practiced by people like Jerry Brown and Gloria Allred. The charges are without merit.”
On this- at least- Meg appears quite innocent. Employee was sent by an agency. Was cleared. Had fake numbers (violating law, besides being an illegal in the first place).
Was paid about the median annual wage for a household in the USA, better than many earn.
Was appropriately let go once the issue came to light.
Now has exposed herself to deportation to help Gloria make political points.
Not fond of Meg, but if in California these games would leave me more likely to vote for her.
Don’t worry too much about Jerry and the Unions. One of the most reassuring things I ever heard anyone say about the man was a tough-as-nails lobbyist whose main complaint about Jerry Brown was that “The guy won’t stay bought.”
Jerry Brown isn’t beholden to ANYone. And that’s the truth. And for the record? That smirking “Governor Moonbeam’” moniker was because he had the temerity to suggest that CA’s billion dollar budget SURPLUS (saved under his administration,) be invested in nascent geosyncronous satellite technology–to launch a “communications satellite” in fact, back when such an idea was a pie-in-the sky kinda dream in the world before cell phones. But on the cusp of sat transmissions for commercial use. Leasing time out to broadcast , communications, military, corporate networks was projected to bring in multi millions per year and advance the state into the vanguard of satellite communications worldwide.
Oh pooh, you hippie moonbat, came the response from the Reaganites.
So what happened?
France launched COMSAT that next year and make a bloody fortune for their national treasury, and California got Ronald Reagan’s used car salesmen buddies sucking up that billion dollars faster than you can say cronyism.
TODAY, the Bureau of Labour Statistics released the last set of American employment numbers to come ahead of the November Congressional elections. If the Democrats were looking for a boost from the numbers, they’re sure to be disappointed—and then some. For the fourth month in a row, nonfarm payroll employment declined in September, by a total of 95,000 jobs. The unemployment rate held steady at 9.6%.
The drop in payroll employment was due, in no small part, to the continuing drawdown in the temporary census workforce. Census employment fell by 77,000 for the month, leaving a payroll decline ex-census of just 18,000 jobs. But with nearly 15 million Americans still without jobs, employment drops simply will not do. It is commonly estimated that over 100,000 jobs a month must be added simply to keep up with the country’s labour force growth.
For its part, the private sector continued to add jobs, as it has in every month of 2010. Private payrolls have grown by 863,000 since the beginning of the year. That’s not rapid growth, but it is steady movement in the right direction. It’s on the public side of the ledger that matters have been particularly ugly in recent months. In 2010, state governments have shed 38,000 jobs. At the local level the picture is worse still; 231,000 jobs have been cut from local governments in just the last 10 months.
The dynamic is an inversion of the popular story of America’s struggling labour market, in which a expanding state creates uncertainty, thereby limiting private hiring. If anything, it appears that private employment is rising steadily despite the demand drag imposed by heavy government job losses, due to the forced austerity of balanced budget rules.
There is little to be positive about elsewhere in the report. The number of people working part-time for economic reasons jumped in September, and nearly 10 million Americans now fall into that category. Partially as a result, the statistic known as U-6, considered a more complete indicator of un- and under-employment, rose from 16.7% in August to 17.1% in September. The previously reported jobless figures for July and August were both revised down slightly. Aside from government employment, payrolls in good producing sectors had a rough month, and construction in particular was hard hit, shedding 21,000 jobs. Private services did better across the board, especially the leisure and hospitality sector, which added 38,000 employees. There is indeed a lot more leisure to go around in America these days.
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Let’s hope the investment banking industry shrinks down to a non-TBTF size which no longer poses systemic risk to the entire global economy.
“I’m melting! I’m melting!”
Investment banking The big squeeze
Why the industry’s best days may be behind it
Oct 7th 2010 | NEW YORK
EVEN by its own notoriously cyclical standards, investment banking has been on a stomach-churning ride in the past five years. After an apparently golden age, with quarter after quarter of record profits, came the bursting of the debt bubble, a deluge of red ink and bail-outs; then, last year, firms bounced back obscenely quickly thanks to record trading profits. Now they are being squeezed once more, and this time the slump may last.
American banking giants’ third-quarter results, starting with JPMorgan Chase on October 13th, will show that trading revenues fell by perhaps 20-30% from the previous quarter. With nervy investors sitting on their hands, client activity was “painfully slow across the board”, according to Jefferies, a middle-sized bank.
Things are not much better in origination businesses. Several trends that buoyed underwriting last year, such as banks’ rush to raise capital and the boom in bond issuance as companies refinanced at low rates, have fizzled. Merger-advisory business has picked up but not by enough to compensate. As one Wall Streeter puts it: “If we extrapolated our third-quarter returns, we’d shoot ourselves.” Overall, 2010 will be a year to forget (see chart).
The ugly results will make for difficult decisions on bonuses as the year draws to a close. Firms won’t want to lose their “talent”: witness Goldman Sachs’s unusual mid year payout of restricted shares for partners affected by Britain’s bonus tax. But they face growing pressure to cut costs, and 40-50% of their revenues still flow to employees. Chopping people often comes more easily to banks than cutting pay. Bank of America is sacking up to 5% of its capital-markets unit. Others will follow—in a reversal of a hiring spree earlier this year—unless markets improve markedly in the fourth quarter. Meredith Whitney, an analyst with a reputation for prescience, thinks up to 80,000 jobs could go on Wall Street in the next two years.
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It isn’t that homeowners are hundreds of thousands of dollars underwater on their mortgages or lack of a cash to pay closing costs that are keeping them from refinancing, but rather those pesky Fannie fees.
The charges, which can add thousands of dollars in upfront costs or raise interest rates, are discouraging potential borrowers. Some mortgage lenders say they are excessive and unjustifiable.
With mortgage rates at unprecedented lows, why are more people not taking advantage of them to refinance or buy houses?
The answers are complex and include sagging consumer confidence in the economy and high unemployment rates. But some mortgage lenders point to what they see as overreactions within their own industry that are discouraging and disqualifying potential borrowers — sharply increased credit score requirements, higher down payments and add-on fees imposed by mortgage giants Fannie Mae and Freddie Mac, which control about two-thirds of the loan volume.
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Say, for example, you want to buy or refinance a condominium. Under Fannie’s latest add-on matrix, a condo buyer who has less than a 25% down payment must pay a 0.75% add-on fee for starters. On a $300,000 condo loan, this comes to $2,250, to either be paid in cash or financed through a higher mortgage interest rate.
The same matrix imposes additional fees based on applicants’ credit scores. For instance, anyone with a FICO credit score of 679 or lower who is buying a house with 20% to 25% down — substantial money for most budgets — is assessed a 2.5% “loan-level price adjustment” fee.
Asked for comment on what justifies the continuing imposition of costly add-ons that date back to lower-quality underwriting conditions, officials of the two companies either did not comment or said the fees are needed to cover potential future losses. Freddie Mac spokesman Brad German said, “We feel we are pricing risk appropriately.” Fannie Mae had no comment.
Private mortgage insurance companies, which provide coverage against loss to Fannie and Freddie on loans with down payments of less than 20%, are especially critical of the continuing add-on fees. They say the extra charges on top of their own insurance premiums routinely discourage borrowers from taking out conventional loans and push them instead to the Federal Housing Administration, whose market share has exploded from under 3% to more than 30% in recent years.
Even with the FHA’s move to raise its monthly insurance premiums to borrowers effective Monday, private insurers say that in many cases Fannie’s and Freddie’s add-on fees still make them noncompetitive. Without the extra charges, they argue, consumers seeking low-down-payment conventional loans could be getting lower rates and fees, but there’s no sign they will.
Bottom line for borrowers: Absent a sudden change in policy, don’t look for the Fannie-Freddie fees to be cut or eliminated. Both corporations have bigger fish to fry. Beginning in early 2011, Congress is planning a major debate on their existence, their structures and how they relate to consumers who simply want to get the best-priced mortgage they can.
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Originally published October 6, 2010 at 2:56 p.m., updated October 7, 2010 at 3:16 p.m.
San Diego police officer Robert Acosta and his wife, Monique appeared in Riverside County Superior Court in Murrieta on charges of causing $200,000 damage to their house when it was in foreclosure. Both pleaded not guilty at their arraignment.
MURRIETA — A San Diego police officer and his wife pleaded not guilty Wednesday to felony charges that they caused $165,000 in damage to their foreclosed home and stole $44,000 in property from the Riverside County house.
During an arraignment in Riverside County Superior Court in Murrieta, a judge ordered Robert and Monique Acosta each to be held on $65,000 bail. They have been charged with one count each of damaging or destroying an encumbered property. Both posted bail and did not go to jail.
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“San Diego officer, wife arraigned in home-wrecking case
Couple charged with severely damaging their foreclosed Murrieta house before leaving”
Yes, guilty pleasure admission….I was watching “Inside Edition” yesterday and this story got top billing. My first thought was how the heck could this couple afford that house in the first place…..McMansion with custom stone work, professional kitchen, the works. Then they tore it to shreds when the bank took “their” home. Living large and then criminal behavior when they lost the trappings of a lifestyle they probably couldn’t afford to begin with.
Foreclosure Gate is all over the news. Is this the nail in the coffin?? Who on earth would buy a house when fraud, fraud, and more fraud is revealed everyday.
Richard Clark, left, with his agent, Kevin Corasio, is trying to buy a foreclosed home in Florida.
By ANDREW MARTIN and DAVID STREITFELD
Published: October 7, 2010
OCALA, Fla. — Amanda Ducksworth was supposed to move in to her new home this week, a three-bedroom steal here in central Florida with a horse farm across the road. Instead, she is camped out with her 7-year-old son at her boss’s house.
Like many buyers across the country, Ms. Ducksworth was about to complete the purchase of a foreclosed house when it suddenly went off the market. Fannie Mae, the giant mortgage holding company that buys loans from commercial lenders, is pulling back sales of homes that might have been foreclosed in bad faith.
“I gave up my rental thinking I would have a house,” said Ms. Ducksworth, a 28-year-old catering assistant. “Now I’m sharing a room with my son. What the hell is up with that?”
With home sales this past summer at the lowest level in more than a decade, real estate is ill-prepared to suffer another blow. But as a scandal unfolds over mortgage lenders’ shoddy preparation of foreclosure documents, the fallout is beginning to hammer the housing market, especially in states like Florida where distressed properties are abundant.
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Well let me try another “thought experiment” on a solution to the MERS mess. It has to do with the legal concept of “escheat”.
When someone dies without leaving a will, the courts will use a “default will” via the law of intestate succession. These laws are pretty much what any fair layman would write for a default will. Your stuff goes to your surviving spouse. If no surviving spouse, to your kids. If no kids, then to surviving parents. Then on to brothers/sisters, first cousins, etc. This seems to accord with our concepts of fairness and closeness of blood relations.
But there is a cut-off after a certain level of remoteness. Someplace out near 3rd cousins twice removed the blood relation closeness (look it up in a table of consanguinity) is so tenuous that the laws of intestate succession call a halt, since those remote relatives may not have even known the decedent. At that point, the decedent’s property “escheats to the state”. The state takes the property for the benefit of the public as a whole.
In the case of not knowing who owns the note for a mortgage, IIUC there is a copy of the note floating around in the paperwork. The note clearly states the payments, the interest charged, etc. What’s at issue is who presently owns the note. If nobody in the chain of assignments can document ownership, why not have the note escheat to the state? Let the state collect the payments for the general good of the people. When the note is paid off, the state can file and record the full reconveyance.
This would be a case of of “too bad” for the speculators who passed the note around without proper recording of assignments. They would lose out. Tough stuff for them.
State legislatures could pass a statute allowing for notes to escheat to the state if purported owners could not show adequate evidence that they own the note. This hardly denies the purported owners their due process: they have the chance to prove ownership. It’s just that they are unable to prove ownership.
At that point, the decedent’s property “escheats to the state”. The state takes the property for the benefit of the public as a whole.
Another legal doctrine, along with eminent domain, that is long overdue to be abolished. Thanks for reminding me to include this in the next version of my proposed constitutional amendments.
This is ridiculous. There will always be someone who owns the mortgage. If there were no good transfers at all in the chain of ownership (possible, though unlikely), then the originator still owns it, or if the originator has gone bankrupt, the creditors of the originator.
The problems will come when no one in the chain of possible ownership wants it.
I’m not denying that some level of government might take over this stuff eventually, but it isn’t going to be based on a wholly irrelevant doctrine of law from intestate inheritance rights.
Well OK polly, do you have any creative suggestions for the MERS mess?
An FB could file a lawsuit for declaratory judgment asking the court to determine WHO owns the note from their mortgage. Say the FB just lost their job and wants to determine with whom to negotiate. This would satisfy the requirements for the right to bring a declaratory judgment case.
There appears to be legal precidence for the state claiming title to real property due to purported owners not being able to document their claim of ownership. See Johnson v. M’Intosh, 21 US (8 Wheat.) 543 (1823). IIRC this case established the right of the government to take the land from the Indians because….well, the Indians couldn’t produce documentation showing clear title. “We stole it fair and square”.
But there is some documentation somewhere. Someone bought the land and a mortgage was issued. If none of the subsequent transfers of the mortgage happened properly then the original issuer of the mortgage (or their creditors, if bankrupt) still own it. I have said a few times this week that my guess is the first transfer in the chain probably was good. I just don’t see Goldman or JP Morgan et al not making sure that they owned the d-mn things. Now, if there were a lot of intermediate owners between the originator and the investment bank that put together the actual securitization package, there could be other troubles. We’ll see as this plays out.
You seem to think that there is a problem if there are a bunch of bad transfers in the chain of ownership. There isn’t. It just means the real owner didn’t change when all the parties thought that it did. Now, I don’t know if a judge would say, hey the formalities weren’t followed, but everyone has been acting as if they were for the last 4 years so just finish the registration process and we’ll consider it backdated or not. I suspect not. They will just have to deal with the real ownership being wherever is lies and sue the heck out of each other for damages.
The real issue is when the people who have been acting as if they owned this stuff find out that they don’t and decide not to go through with fixing it.
Imagine a very simple transaction. Issuer gave mortgages to buyers A, B, C, D and E. Then Issuer sold the mortgages to Investment Bank. Investment Bank put the mortgages into Trust. Trust issued 2 tranches of bonds and hired Servicer to send the money to the bond holders as it came in. Now buyer B stopped paying and Servicer has finally gotten around to foreclosing. Oops. Turns out that Investment Bank never did a good transfer of the mortgages to Trust. They could fix that now since they were certainly paid for the transfer of the mortgage back when Trust was formed, but the organizing documents of Trust say that Trust can only accept loans that are current. B’s loan was current when the original transfer was supposed to happen, but it isn’t now.
What happens when you get to court? Trust is likely to say to Investment Bank (they have to have separate representation now since their interests are at odds with each other) you didn’t do the transfer back then and we aren’t allowed to accept the loan now, so just give us our money back and we’ll call it straight. Investment Bank says no way. There may not have been a legal transfer back then, but there was a constructive transfer and we’ll just clean up the paperwork right now (like we just did with the other 4 loans that are still current).
No idea what the judge decides, but it isn’t going to be to give the thing to the state. What reason is there to do that?
Don’t let facts get in the way of a good headline. I can imagine what’s going on at TV newsrooms across the country:
Guy #1. ‘So, what are we gonna run at the top of the hour?’
Guy #2. ‘How about this mortgage paperwork thing?’
Guy #3. ‘ Sounds like a buncha boring legal stuff.’
Guy #1. ‘That’s why we got a spice it up a bit.’
Guy #2. ‘The DJ over at KWTF just called it Foreclosure Gate.’
Guy #1. ‘That’s great stuff! Let’s put it on the crawl, in big red letters!’
Guy #3. ‘But how do we gather material?’
Guy #1. ‘That’s the beauty of it; it costs us practically nothing. We can just sit at our desks and call up politicians, ‘experts’, who raise more questions than answers. People love that sort of thing.’
Guy #2. ‘I heard about a family in Florida that cried when they were interviewed about their foreclosure. Let’s give em a ring.’
Guy #1. ‘Yeah! Get a camera crew out there right away. Poor family loses house at the hands of an evil bank! ‘
Guy #3. ‘But what about the government giving these banks billions of dollars so they can hoard millions of houses? Doesn’t that affect many more families than a paperwork angle?’
Guy #1. ‘Hey, that’s gonna piss off our real estate advertisers.’
Comment by Professor Bear
2010-10-10 14:52:43
“They will just have to deal with the real ownership being wherever is lies and sue the heck out of each other for damages.”
Let’s hope Gollum has clear title so they will be able to afford to pay damages to clients who come after them in court without the need for another bailout.
Comment by Professor Bear
2010-10-10 14:57:42
“But what about the government giving these banks billions of dollars so they can hoard millions of houses?”
Wouldn’t that be illegal? Or does the Fed operate above any rule of law?
When was my wife’s note seperated from the servicer? Cuz bofa bought Countrywide, but we were informed that Bofa does not own the note currently, and is only the “servicer”. All the while it’s their subsidiary, Recontrust, that is doing the foreclosing.
If Bofa does not own the note, rather Fannie does, does my wife’s delinquent loan still fall under Bofa’s moratorium? After all, it’s not their note it’s Fannie’s! When did that happen(all this selling of note and seperating originator from servicer), before or after Bofa’s purchase of Countrywide, and does the layman have the right or need to understand the intricacies before going away to let the home rot?
Mike, I still say you have to contact a lawyer to get a real idea about this, but as long as Fannie allowed BofA to take over as servicer of the loan from Countrywide when Countrywide went out of business, then there isn’t any problem that I can see based on the limited facts you have provided.
I sincerely hope every last Senator who supported this bill gets drummed out of office. Thank you, President Obama, for acting in the interest of the American people.
Washington Extra – Obama kills the bill
Oct 7, 2010 19:03 EDT
Last night Reuters correspondent Scot Paltrow revealed that a bill had sailed through the Senate last week — without public debate — which would have made it significantly harder for homeowners to challenge improper attempts to foreclose on their houses. The legislation, which was sitting on President Barack Obama’s desk for his signature, would have forced courts to recognize out-of-state notarizations, including those stamped en masse by computers in other states, a practice critics say has been used improperly to push through foreclosure orders. Computer notarizations, now valid in around a dozen states, would effectively have become legal nationally, and challenges to improper notarizations made in other states would have become harder and costlier.
Today, after the story became public, the White House announced that Obama was sending the legislation back to the House of Representatives for further discussion – a so-called “pocket veto.” Given the rising chorus of lawmakers calling for all foreclosures to be suspended, the legislation now looks dead.
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The Constitution states in pertinent part “[f]ull Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.”
If a “computer notarization” is valid in the state where it originated, then the others states must accept it. Why is this even an issue here?
White House senior adviser David Axelrod signaled Sunday that the Obama administration is opposed to a national moratorium on foreclosures, even as pressure from Congress, labor unions and consumer groups mounts for the federal government to take action.
Calling the growing evidence that lenders have used inaccurately prepared and even fraudulent documents to foreclose on homes a “serious problem,” Axelrod said it had already “thrown a lot of uncertainty into the housing market that is already fragile.”
“I’m not sure about a national moratorium, because there are, in fact, valid foreclosures that probably should go forward, and where the documentation and paperwork is proper,” Axelrod said Sunday on CBS’ “Face the Nation.”
Axelrod said the administration is “working closely” with mortgage companies so that they “expedite the process of going back and reconstructing these and throwing out those that don’t work.”
The foreclosure mess has become a hot-button political issue with mid-term elections coming up. A large number of influential Democrats — including House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid — have called on the federal government to take more aggressive action.
On Sunday, Republican Rep. Eric Cantor of Virginia became one of the first Republicans to speak out. Appearing on “Fox News Sunday,” he warned that freezing the foreclosure process would hurt an already struggling housing market.
“If you impose a moratorium on foreclosures, what you’re telling people and institutions that lend money is they do not have the protection to take the risk they need to, to extend credit so people can get a mortgage,” Cantor said. He added that “you’re going to shut down the housing industry, if that’s the case.”
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WASHINGTON — A top White House adviser questioned the need Sunday for a blanket stoppage of all home foreclosures, even as pressure grows on the Obama administration to do something about mounting evidence that banks have used inaccurate documents to evict homeowners.
“It is a serious problem,” said David Axelrod, who contended that the flawed paperwork is hurting the nation’s housing market as well as lending institutions. But he added, “I’m not sure about a national moratorium because there are in fact valid foreclosures that probably should go forward” because their documents are accurate.
Axelrod said the administration is pressing lenders to accelerate their reviews of foreclosures to determine which ones have flawed documentation.
“Our hope is this moves rapidly and that this gets unwound very, very quickly,” he said.
With the reeling economy already the top issue on voters’ minds, the doubts raised over foreclosures and evictions are becoming a political issue with the approach of Nov. 2 elections.
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Washington (CNN) — The Obama administration opposes a moratorium on home foreclosures, but wants problems involving improper paperwork resolved as quickly as possible, senior adviser David Axelrod said Sunday.
“I’m not sure about a national moratorium,” Axelrod said on the CBS program “Face the Nation.” He said valid foreclosures with proper paperwork should go forward, and that questionable foreclosures need to be addressed right away.
“Our hope is that this moves rapidly and that this gets unwound very, very quickly,” Axelrod said.
On Friday, Bank of America announced it was halting foreclosure sales in all 50 states as part of a widening investigation into flaws in the process. The announcement came a week after the nation’s largest bank said it was freezing home foreclosures in 23 states where foreclosures must be approved by the courts.
Ally Financial, previously known as GMAC, the finance arm of General Motors, has also paused foreclosures in the 23 states, and JPMorgan Chase announced last week that it will also halt proceedings for about 56,000 homeowners after learning that its employees may have approved foreclosures without personally reviewing loan files.
State attorneys general have stepped up pressure on banks after it was revealed that some bank employees had signed foreclosure affidavits without verifying that the documents were accurate, a process now known as “robo-signing.”
Ohio’s attorney general has filed a lawsuit against Ally Financial and its subsidiary GMAC Mortgage for allegedly submitting fraudulent documents in hundreds of foreclosure cases across the state.
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Gross Says Employment Report Signals More Fed Easing: Tom Keene
By Liz Capo McCormick and Tom Keene - Oct 8, 2010 2:24 PM PT
Oct. 8 (Bloomberg) — Pacific Investment Management Co.’s Bill Gross said the U.S. may face a prolonged period of stagnation should anticipated asset purchases by the Federal Reserve fail to invigorate economic growth.
“You could have significant problems with a ‘lost decade’ for the United States,” Gross, manager of the world’s biggest mutual fund, said during a Bloomberg Television interview on “Street Smart with Carol Massar and Matt Miller.” “They’re trying to prevent a caving in of the U.S. economy.”
Employers cut staffing by 95,000 workers after a revised 57,000 decrease in August, Labor Department figures in Washington showed today. The median estimate of economists surveyed by Bloomberg News called for a 5,000 drop. The unemployment rate held at 9.6 percent.
The September employment report “is simply a signal, a strong, strong signal for Fed QE2,” Gross said. “We will respond by riding the wave and then trying to anticipate when to get off. There is a certain point in terms of yield levels where it no longer makes sense.”
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If top bankers get to live large above a rule of law, why should American households have to play by any rules, other than avoidance of getting caught?
Gail MarksJarvis Chicago Tribune / Mct Arizona Daily Star
Sunday, October 10, 2010 12:00 am
Americans have taken a sharp slap in the face from the housing crisis, financial crisis and jobs crisis. Now some wonder if the residue of those harsh realities is an ethical crisis.
For the first time in the nation’s history, bankers say, people are walking away from mortgages they can otherwise afford to pay. The phenomenon known as strategic default was once unthinkable. It represents a calculated decision to hand over the keys to a home without making good on a loan, reasoning that it makes no sense to keep paying the monthly mortgage when the home is worth thousands of dollars less than the obligation.
Jeff Horton, a 33-year-old Orlando, Fla., technology manager, is among those who recently decided to take the step. He told his lender that he’s done making payments on the condo he bought in 2005 and the home he bought in 2007, because he wants to move from Florida and can’t sell or rent the properties at a price nearly high enough to cover his payments.
“Life is too short,” said Horton, who has mortgages totaling about $400,000 with Bank of America - about twice as much as he thinks he would get if he could sell the property. He says he has little choice because the bank has refused to refinance the mortgages or adjust original terms.
Strategic default is a symptom of a housing market that suddenly turned from “American Dream” to financial trap. With the Norman Rockwell-like images of homeownership destroyed by a 30 percent plunge in prices, some fear America is also losing its grip on another idyllic notion: that people will live by the slogan “My word is my bond.”
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some fear America is also losing its grip on another idyllic notion: that people will live by the slogan “My word is my bond.”
Once again, this whole situation has been precipitated by the notion of corporate limited liability. Once it became clear that corporations could welch on their obligations with impunity, individuals decided to follow suit.
The fundamental immorality at the core of corporation law has infected the entire society.
Very well said. It is an ethical version of Gresham’s law, with dishonest and systematically unfair dealing pushing honesty and fairness out of our society.
All right—I give up. I have now sat through Charles Ferguson’s “Inside Job”—the nonfiction version of Oliver Stone’s “Wall Street: Money Never Sleeps”—and I still don’t fully understand our endless financial crisis. Nor do I think the fault is entirely my own. I was upright, alert and taking notes like any Econ. 101 student, and yet I cannot tell you how a credit default swap works or why it is inherently bad for us.
This does not mean that “Inside Job” is a failure. There is, curiously enough, something hypnotic about middle-aged men in suits earnestly explaining how the economy went from bad to worse to terrible a couple of years ago. The film offers us a few admirable guys who issued unheeded warnings about the fragility of the system and a lot more of them who pretty much function as gawkers observing a multi-car crash. I suppose the documentary suffers somewhat from the refusal of the crisis’ big names—Geithner, Bernanke, et al.—to sit for Ferguson’s cameras, but that’s not fatal; unknowns can simultaneously obfuscate and illuminate the story as well as anyone else. Indeed, it seems to me that in some ways they explore the depth of American crookedness better than the Big Names might have done.
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?, We just bought a foreclosure in May 2010. I’m worried about what we are reading about ForeclosureGate. Is there a chance the former owner’s can come back to us and fight the foreclosure?
We are in a non-judicial state. We did buy a title insurance policy as soon as we got the deed.
You might want to check the bond rating of your title insurer. But if you financed your house it is a far bigger problem for your bank than it is for you.
Global clash over economy
By Chris Giles and Alan Beattie in Washington
Published: October 10 2010 19:13 | Last updated: October 10 2010 19:13
Global economic co-operation was in disarray and further battles in the currency war looked likely after the weekend’s international meetings of finance ministers and central bankers broke up with no resolution.
The world’s largest economies remained as far apart as ever on currencies. China accused the US of destabilising emerging economies by allowing ultra-loose monetary policy to flood the emerging world with money, while the US insisted the International Monetary Fund should intensify its focus on exchange rates and the reserve accumulation of China.
The lack of any substantive agreements and brinkmanship on proposed reforms to the IMF is likely to exacerbate currency volatility in the month running up to the Seoul Group of 20 summit.
Mohamed El-Erian, chief executive of Pimco, the world’s largest bond investor, said: “A once promising global response has now been replaced by inadequately co-ordinated national economic policies and growing frictions among countries.”
The communiqué following the main IMF meeting spoke of countries working “co- operatively” but contained no evidence that leading economies could find agreement on any of the issues that divide them.
Dominique Strauss-Kahn, IMF managing director, called on countries not just to sign up to warm words but to take concrete steps. “The language is ineffective. The language is not going to change things. Policy has to be adapted.”
But there was little sign that China would let the renminbi appreciate faster, to the growing frustration of the US. “The IMF must strengthen its surveillance of exchange-rate policies and reserve accumulation practices,” said Tim Geithner, US Treasury secretary.
This pressure on China is now being met with stiffer resistance. Zhou Xiaochuan, China’s central bank governor, told the IMF meeting the focus on currencies was one-sided. “The continuation of extremely low interest rates and unconventional monetary policies by major reserve currency issuers have created stark challenges for emerging market countries in the conduct of monetary policy.”
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Investors are betting that an aggressive push by the Federal Reserve to revive the US economy could drive up inflation, with Treasury bond markets pricing in the effects of a return to emergency monetary easing next month.
Inflation expectations in the US have jumped sharply this week, with one measure rising to its highest level since late June. So-called breakeven inflation rates, which are the bond market’s expectations of future inflation levels, have leapt on the growing belief that the Fed will initiate a fresh round of quantitative easing – in effect, pumping money into the economy – at the November meeting of its interest rate-setting committee.
Breakeven rates reflect the difference between yields on cash Treasury bonds and those of Treasury inflation-protected securities, or Tips.
The 10-year breakeven rate rose as high as 1.98 per cent on Wednesday, its highest level since June 24. It is up from 1.8 per cent on Monday and well above its low for the year of 1.51 per cent in late August. By the close in New York on Thursday it had slipped back to 1.91 per cent.
The yield on the 30-year bond above that of the 10-year note has also hit a record at 1.31 per cent, up from 1.16 in September.
As stocks tumbled over the summer, many investors feared the US could suffer a prolonged bout of Japanese-style deflation. The Fed’s message that it is determined to avoid this has led to the recalibration of inflation expectations.
“The price action is telling you that QE is coming and that the Fed will deliver it,” said George Goncalves, head of interest rate strategy at Nomura Securities.
However, Richard Fisher, Dallas Fed president, sought to damp expectations, saying on Thursday: “The markets have drawn too quick a conclusion that this [easing] is a likely event,” Reuters reported.
“If the Fed is successful with QE, inflation breakevens should be higher,” he said.
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How to communicate the goal of any new round of quantitative easing is turning into the hottest subject for debate among Federal Reserve officials as they contemplate whether to start buying assets again at their November meeting.
There is growing consensus within the Fed on the need to launch a new programme of quantitative easing – nicknamed QE2 – to boost a recovery that is too weak to bring down the 9.6 per cent unemployment rate.
Moderate members of the rate-setting Federal Open Market Committee, such as Charles Evans, Chicago Fed president, have spoken strongly in favour of action in recent days. That has led to a sharp rise in market expectations of inflation and rising global tensions over the likelihood of a weaker dollar.
The communication strategy will be particularly important if the Fed does not announce a big number for asset purchases up front – the “shock and awe” approach – but instead chooses to buy a smaller amount of Treasury bonds now with a promise to buy more as needed.
In that case the nature of the “as needed” would be the biggest signal to markets of the eventual size of QE2. It would, therefore, have the biggest effect on long-term interest rates.
The communication strategy is also important because by signalling how it intends to use QE2 the Fed can try to hold up inflation expectations and so lower real interest rates. The real cost of borrowing money is the interest rate minus expected inflation.
William Dudley, New York Fed president, described asset purchases and communications as “two potentially complementary avenues” in a recent speech. Fed officials are still at the stage of brainstorming ideas but they have several basic options and many variations around them.
In its September statement, the FOMC said inflation was below the level that it thought was consistent with its long-run mandate, so one option would be to tie continued asset purchases to getting inflation back to a “mandate” level.
But different FOMC members prefer different levels of inflation, while in recent months the committee has consistently forecast that inflation will stay low for years to come without taking action. That makes it hard for the Fed to signal what has now changed.
Some officials, therefore, argue that the Fed should set out an explicit numerical inflation objective – such as 2 per cent – and tie QE2 to achieving it or being on course to achieve it.
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There is a fairly straight line between a weak US jobs report and the fears about currency manipulation occupying global finance ministers as they assemble in Washington this weekend for the annual meeting of the International Monetary Fund.
A slow recovery in the US increases the chance that the Federal Reserve will launch a new round of quantitative easing. That would lower long-term US interest rates and weaken the dollar – a boon for US exporters but not for countries whose economies rely on exports in the other direction. They may intervene to lower their own currencies in turn.
For all concerned, therefore, the questions are how weak is the US recovery and what does that say about how much quantitative easing the Fed might want to do?
“The jobs data are soft and going nowhere – there’s just no momentum,” said Paul Ashworth, senior US economist at Capital Economics in Toronto. More than a year into the recovery, the economy ought to be creating 300,000 to 400,000 jobs a month if it is to bring the 9.6 per cent unemployment rate down with reasonable speed.
The private sector is creating a modest number of jobs: it added 64,000 people to payrolls last month, and the figures for July and August were revised upward by a total of 36,000. There is little in such figures to suggest the US economy could dip back into recession.
Most economists think the problem is the legacy of a house price crash that left households with big loans backed by much less valuable property. As a result, they need to rebuild their savings. More jobs are essential to increase the incomes that consumers have to drive the economy onward.
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As politicians step up their interventions to slow down the pace of foreclosures amid concerns about widespread document fraud, economists say such delays could deal another blow to a still-weak housing market.
They fear a slowdown could inflate the inventory of unsold vacant homes—delaying the day they’re put on the market—especially in the 23 states in which foreclosures must be approved by a judge.
One comparison widely cited: In California, where judges don’t handle foreclosures, the housing market appears to have hit bottom a year ago and has been bouncing back. In Florida, where foreclosures go through the court system, prices keep falling, and foreclosure inventory continues to rise.
On Friday, Bank of America Corp. announced it would suspend foreclosure sales in all 50 states. That follows the bank’s earlier suspension of tens of thousands of foreclosures in the states that handle foreclosures through the court system, a move also taken by GMAC Home Mortgage, Inc., a unit of Ally Financial Inc., and J.P. Mortgage Chase & Co.’s home-loan unit.
Meanwhile, several state attorneys general, as well as members of Congress, are calling for an across-the-board foreclosure moratorium to sort out alleged irregularities in foreclosure documents submitted by the banks.
White House adviser David Axelrod on Sunday questioned the need for a moratorium, saying that valid foreclosures with accurate documents should go ahead. “Our hope is this moves rapidly and that this gets unwound very, very quickly,” he said on CBS’s “Face the Nation”
But Richard Cordray, Ohio’s attorney general, said Sunday that as many as 40 state attorneys general across the country intend to open an investigation of lenders and servicers to figure out the scope of the problems with foreclosure documents.
While it remains unclear how long the foreclosure process will be stalled, economists say any delay is bad for the housing market long-term. “Foreclosures are being delayed with good intentions, to protect consumers, but it’s really just delaying the inevitable,” says John Burns, a real estate consultant in Irvine,Calif. “They’re delaying the eventual housing recovery.”
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NEW YORK (CNNMoney.com) — Get ready for a bumpy ride in the housing market.
The growing number of freezes on home foreclosures is likely to shake up the struggling U.S. housing market. Experts say home prices could rise in the short term, but the eventual glut of foreclosure sales could hurt the market in the long run.
The move by some major lenders such as Bank of America (BAC, Fortune 500), JPMorgan Chase (JPM, Fortune 500) and Ally Financial to put some of their foreclosures on hold could help temporarily lift prices, by removing the inventory of bargain-basement foreclosed properties from the market.
“Home prices are likely to be firmer than otherwise would be the case in the fourth quarter and into early next year,” said Mark Zandi, chief economist at Moody’s Analytics.
While that’s good news for the economy, the effects might be short lived. That’s because the foreclosure freezes are also likely to delay sales of the huge inventory of foreclosed properties, which would hinder a long-term recovery in prices.
“It’ll probably push out the distressed sales into 2011 and 2012,” said Zandi.
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Thousands of foreclosure sales — which have become the engine of South Florida’s housing market — have been thrown into a tailspin by jarring testimonies of bank employees who signed legal documents by the thousands without properly reviewing them.
The result: Allegations of fraud and forgery are surfacing daily, and the ramifications of banks’ shoddy bookkeeping are beginning to manifest in what has become an uncharted foreclosure environment.
Banks have frozen foreclosure proceedings, title insurers are blacklisting bank-owned properties, judges are denying summary judgments and distressed homeowners are arming themselves with attorneys in attempts to delay or stave off foreclosure.
“This is going to change everything,” said Shari Olefson, Fort Lauderdale attorney and author of Foreclosure Nation: Mortgaging the American Dream.
On Friday, Bank of America announced it would be halting all foreclosure sales nationwide, the aftermath of revelations by so-called “robo-signers.”
Other lenders — JPMorgan Chase and GMAC — have also suspended their foreclosure operations, and some potentially tainted Fannie Mae foreclosure sales are being delayed as well. Together, these lenders own more than 3,000 properties for sale in South Florida — more than two-thirds of the inventory.
There is mounting speculation that more lender suspensions are yet to come.
While the nation’s other top residential mortgage lenders — Wells Fargo and Citibank — have maintained that their foreclosure processes are clean, recent depositions show more lenders may soon be facing the same allegations that have hampered other banks.
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I know an even better way for banks to eliminate paperwork than using MERS services: Just loan any amount of money to anyone who can breath, no questions asked. If they stop repaying the loan, foreclose, and sell the home to somebody else. No paperwork = no servicing costs!
NEW YORK (Dow Jones)–Challenges to the role of a little-known but influential mortgage-record service are emerging as the latest headache for banks in the battle over foreclosure proceedings.
Mortgage Electronic Registration Systems, or MERS, is owned by some of the nation’s biggest banks and mortgage companies, including Bank of America Corp. (BAC), Citigroup Inc. (C), HSBC Holdings plc (HBC), Fannie Mae (FNMA) and Freddie Mac (FMCC). It was created to streamline legal record keeping for mortgage sales and securitization.
Now, critics and homeowners facing foreclosure are increasingly challenging, among other things, MERS’ role and legal standing in home foreclosures where it acts as legal representative of the mortgage holder. MERS has fought and won legal challenges in the past to its role. But the nationwide epidemic of foreclosures in the wake of the housing collapse will present it with a wave of challenges unlike any it has seen previously.
“It is predictable that” MERS and the banking industry “is bound to lose some” of the cases against it, said Kip A. Weissman, who advises banks as a partner with law firm Luse Gorman Pomerenk & Schick PC in Washington, D.C.
Trouble for MERS could add risk to banks by slowing down the securitization process, and creating uncertainty during a time when banks are struggling to reassure shareholders and customers. One hedge fund investor said Friday questions around MERS are adding to his concerns about banks in the mortgage business and are keeping him from investing in the sector.
In recent weeks, Bank of America, J.P. Morgan Chase & Co. (JPM) and Ally Financial Inc. agreed to more closely examine documents used in states where a court’s approval is required to foreclose on a home. On Friday, Bank of America imposed a nationwide moratorium on foreclosures and the sale of foreclosed homes until it could resolve documentation problems.
R.K. Arnold, chief executive of MERS, told Dow Jones in an interview on Sunday, “There is no doubt there will be more litigation” against his organization. But MERS, he said, has already won thousands of cases challenging its legal standing (only losing some due to procedural slips.) Of the new suits, “We will win them all,” Arnold said. “What we won’t do is settle; that’s our firm’s policy.”
MERS saves banks money because it eliminates paperwork. When mortgages or mortgage servicing rights change hands, as happens frequently in the mortgage business, MERS stands in for the owners and servicers in county land records. About half of the nation’s mortgages are under such arrangement with MERS, Arnold said.
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As many of you have doubtless read over the past week or so, it seems that some loan servicers have been a bit lax in following those pesky “rules” when processing foreclosures.
In some states, California not among them, the foreclosure process requires that servicers sign an affidavit swearing that they have confirmed certain facts about the loan to be foreclosed upon. In their efforts to blaze through all the piled-up foreclosures, some servicers signed such forms in bulk without having actually confirmed the individual facts. This puts the legitimacy of some foreclosures into question.
Some servicers had already halted foreclosure proceedings in the states that require these forms. Today, industry giant Bank of America announced that it would freeze foreclosures in all fifty states pending a review of its processes. Politicians are pressuing others to follow suit.
At first glance this might appear to help the housing market by keeping homes with delinquent loans off the market, at least for a while. But the breakdown of the foreclosure-processing machinery creates some potential headwinds as well.
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This Realtor with a two-year college degree proved far more prescient about the housing market than the former chair of Princeton’s economics department and the former CEO of Goldman Sachs. How embarrassing for Princeton and Goldman Sachs!
WASHINGTON — Former Treasury Secretary Henry Paulson, Federal Reserve Chairman Ben Bernanke and other top government officials have said they didn’t notice the dangers that Michael Blomquist saw in the runaway California housing market until five years after he did.
As home prices and loan amounts in California’s Silicon Valley, one of the nation’s hottest markets, began mushrooming in late 2003, Blomquist said, lying, scheming and recklessness were becoming everyday occurrences.
Blomquist, a San Jose real estate and mortgage broker, was sure that the inflated incomes on loan applications and the tricky loans would lead to a housing bubble with disastrous consequences.
Refusing to commit “felony mortgage fraud,” he closed his offices in January 2004, long before the housing meltdown, and began a sort of one-man crusade to expose what he calls “a criminal conspiracy to turn the housing market into a giant Ponzi scheme.”
Over the next four years, Blomquist futilely tried to dissuade clients and friends from putting their life savings into pricey homes. He wrote letters warning federal regulators and members of Congress that mortgage fraud was creating “a perfect storm” in the housing industry.
Acting as his own attorney, he even waged a federal court fight against some of the biggest subprime players, as well as Paulson and other top federal regulators, accusing them of conspiring to fraudulently inflate home prices and asking the court to bar the issuance of one widely used type of risky mortgage.
Responding to Blomquist’s letter on Sept. 1, 2005, Democratic Sen. Dianne Feinstein of California assured him that she was “monitoring the situation closely.” Suzanne Killian, an assistant director of the Federal Reserve’s consumer unit, advised him later that month that his concerns would be considered.
In the end, however, his warnings brought no serious action until the bubble began to burst.
Did Blomquist, with his inside view of the market, have a better understanding than did Bernanke and his predecessor at the Fed, Alan Greenspan, who failed to rein in subprime mortgage lenders? Could Blomquist, with a two-year college degree, have a better grasp of the danger than did Paulson, who oversaw Wall Street giant Goldman Sachs’ investment in subprime mortgage securities and was the treasury secretary when the market crested?
That’s hard to know.
What’s clear is that Blomquist set himself apart from tens of thousands of real estate agents nationwide who rode the mania and kept selling properties for spiraling prices until they crashed.
“When fraud becomes the competition, anybody who has any ethics is driven out of business,” he said. “As a fiduciary, I felt I couldn’t do my job. Your role is to be aware of market conditions. … You’re supposed to put clients’ interests ahead of your own.
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It took many years of planning and lots of lobby graft to create the legislation that would be used to swindle the huge baby boomer generation of their wealth. The Neocons are like cancer–they’re everywhere. Like the judge said, the RE agent lacked standing and jurisdiction.
The Federal Reserve seems determined to make mistakes. First it started rumors that it would resume Treasury bond purchases, with the amount as high as $1 trillion. It seems all but certain this will happen once the midterm election passes.
Then the press reported rumors about plans to raise the inflation target to 4% or higher, from 2%. This is a major change from the Fed’s quick rejection of a higher target when the International Monetary Fund suggested it a few months ago.
Anyone can make a mistake, but wise people don’t repeat the same one. Increasing inflation to reduce unemployment initiated the Great Inflation of the 1960s and 1970s. Milton Friedman pointed out in 1968 why any gain in employment would be temporary: It would last only so long as people underestimated the rate of inflation. Friedman’s analysis is now a standard teaching of economics. Surely Fed economists understand this.
Adding another trillion dollars to the bank reserves by buying bonds will not relax a constraint that is holding back spending. There is no shortage of liquidity in the economy—banks already hold more than $1 trillion of reserves in excess of their legal requirements, and business balance sheets show an unprecedented amount of cash and near-cash assets. True, increasing bank reserves means mortgage rates will decline, at least temporarily; they already have in anticipation of the bond purchases. But neither the Fed nor the public should expect much stimulus as a result.
The most important restriction on investment today is not tight monetary policy, but uncertainty about administration policy. Businesses cannot know what their taxes, health-care, energy and regulatory costs will be, so they cannot know what return to expect on any new investment. They wait, hoping for a better day and an end to antibusiness pronouncements from the White House. President Obama could do more for the economy by declaring a three-year moratorium on new taxes and new regulation.
Homebuilding is a major employment industry. Lowering mortgage rates helps a bit, but it is small beer when the supply of unsold houses remains large. The only lasting solution for housing is to let prices fall to a new equilibrium. Painful, yes, but necessary. Temporary palliatives such as lower interest rates delay that adjustment.
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Consumer advocates and lawyers warned federal officials in recent years that the U.S. foreclosure system was designed to seize people’s homes as fast as possible, often without regard to the rights of homeowners.
In recent days, amid reports that major lenders have used improper procedures and fraudulent paperwork to seize properties, some Obama administration officials have acknowledged they had been aware of flaws in how the mortgage industry pursues foreclosures.
But the officials said they could take only limited action to address the danger. In part, this was because they wanted lenders’ help carrying out federal programs to modify mortgages that had fallen into default or were poised to do so.
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I’m surprised and encouraged by the Obama administration’s decision to withhold support from Megabank, Inc’s collusive attempt to shut down the entire U.S. used home market through a national foreclosure moratorium. Now if only someone on high would invoke the Sherman Antitrust Act to break up monopoly mortgage lenders, we might get somewhere towards healing the housing market. Perhaps with persistent effort, we could return to an era where one could once again accurately say that “All Real Estate is Local.”
Obama administration does not support U.S. moratorium on foreclosures
By Ariana Eunjung Cha and Dina ElBoghdady
Monday, October 11, 2010
The Obama administration does not support a nationwide moratorium on foreclosures at this time, Federal Housing Administration Commissioner David Stevens said Sunday in an e-mail response to questions.
“We believe freezing foreclosures for all banks in all states, whether we have reason to believe them to be in error or not, is simply not the prudent step to take in this fragile housing market,” he said.
With approximately one in four homes sold in the second quarter in foreclosure, administration officials worry that a moratorium could have a significant impact on the economic recovery.
“While we understand the eagerness to make sure that no American is foreclosed upon in error, we must be careful not to over-reach and apply a remedy that will make the underlying problem of foreclosures worse,” he added.
Stevens’s comments echoed those made earlier in the day by White House senior adviser David Axelrod, who on CBS’s “Face the Nation” outlined the administration’s current thinking about the issue as pressure from Congress, labor unions and consumer groups mounts for the federal government to take action.
Calling the growing evidence that lenders have used inaccurately prepared and even fraudulent documents to foreclose on homes a “serious problem,” he said it had already “thrown a lot of uncertainty into the housing market that is already fragile.”
“I’m not sure about a national moratorium, because there are, in fact, valid foreclosures that probably should go forward, and where the documentation and paperwork is proper,” Axelrod said.
He said the administration is “working closely” with mortgage companies so that they “expedite the process of going back and reconstructing these and throwing out those that don’t work.”
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Is it too easy for home builders to hide?
State makes it difficult for buyers to find past complaints against contractors
Homeowners in the Northeast Richland neighborhood of Rabon’s Farm have discovered serious problems with their homes, but thus far have been unable to file complaints.
That didn’t seem right to the homeowners. Nothing had changed in their three-year-old neighborhood. Construction was ongoing, and the same sales office remained open.
Firstar’s president, Michael Nieri, had surrendered the company’s license in February to the S.C. Department of Labor, Licensing and Regulation. Nieri said he did so to avoid a fine and probation over a consumer complaint and an administrative violation.
Still, another of his companies, Great Southern Homes — the name Rabons Farm residents had seen on signs in their neighborhood for three years — continued building.
Why? Because Firstar was licensed as a general contractor. Under state law, general contractors are registered with company names, not as individuals.
So when a general contractor quits building under its name, it cannot be pursued even if the home builder continues operating under another name. In his case, Nieri continues to build under the name of Great Southern, also licensed as a general contractor.
“This is just a shell game,” said state Sen. Joel Lourie, D-Richland, who has asked the state licensing department to look into the matter. “Homeowners have been left very vulnerable and unprotected here, and they deserve better treatment.”
No FB dollar shall be allowed to escape!
FBs should be issued buttons that say:
“Thank you sir. Oh please, may I have another?”
Anyone who took the time to think a bit just might have wondered as to what sort of quality could be be going into building McMansions if the labor for doing so was drawn from herds of dayworkers hired at the side of the road.
I’ve been hearing more local stories recently about homes in this area built during the bubble. Riddled with defects. The ones I’ve heard in the past week have to do with the expansion of the retirement community where I live, the newer development.
These FBs were classic marks. Like any other bovine herd creatures they let realtors and the MSM convince them real estate only goes up and it’s an investment, not just a place to live. Gee, how could a bunch of fly-by-night subcontractors using illegal alien labor and slapping houses together in a matter of weeks, fail to do quality work? “Riddled with defects” applies to the buyers as well as the builders. In fact it applies to all the players in the housing bubble. Society will be better once this mass of fools wises up and starts taking some of the blame for their own misfortunes. Caveate emptor, biatches!
“Gee, how could a bunch of fly-by-night subcontractors using illegal alien labor and slapping houses together in a matter of weeks, fail to do quality work?”
‘Tis a puzzlement!
If an RBB (residentail Builder) , drops his license even for a year , he can’t be held accountable either . What do folks expect , a lifetime warrentty ?
What amazes me is the poorly built junk that thousands bought over the last few years. We went through several developments just to look. Priced in the high 200’s to low 3’s, Styrofoam stucco, faux stone fronts etc. Cheap fixtures, but granite counter tops and stainless steel appliances and the jetted tub with plastic “glass” block windows. All in all slapped together crap.
Builders are not stupid, they know if they jazz the place up just a little some drooling rube will come through and “snap” it up.
I have a friend who bought the new house with the “jazzed up jetted tub”. The problem is, the water pressure is so low it take “forever” to fill.
They never use it.
It looks impressive, but they never use it.
A total waste of space.
I know a guy who had a swimming pool put in his back yard and regularly spends lots of money in its cleaning and maintainence but neither he nor is wife use it because neither one knows how to swim.
But it looks good, and that’s the appeal.
I know one family that uses the bathtub regularly for bathing adults. They both grew up in England until they were over 10 years old and honestly prefer baths to shower if they have time. I think the last time I took a bath was at a hotel after a week long rafting trip down the Colorado River through the Grand Canyon - first a shower, then a soak in the tub, then another shower. I was almost clean after that. Not quite, but almost.
I think it is more a fantasy thing - people think if they have the luxury available to them, then I will use it. If having the fantasy provides entertaiment value, then I suppose it is OK, but most adults will rarely use it, even if the water pressure does work. It is a lot like moisturizers that claim to fix deep damage to your skin. If you need a moisturizer because your skin is dry, great. If you enjoy taking time to rub stuff on your skin that smells nice, fine. If you think rubbing something on the outside of your face will fix 50 years of sun damage, well, that is a bit ridiculous.
Some people prefer bathing to showering. In the few periods of my life (one in England like your friend) where I’ve been forced to take a bath instead of a shower, I eventually found (after my initial frustration) that I kind of liked it. And I got to where I could take a bath faster than a shower (there’s a technique to it).
But as soon as I get access to a real shower, it’s all over for the tub. So on some level, I must still prefer the shower. Maybe it’s whatever you grew up doing.
I don’t call lying around in a tub of water that becomes dirty as zestfully clean. That why showers were invented. I think women love baths must be a feminine thing
I do my best thinking in the bathtub!
“I don’t call lying around in a tub of water that becomes dirty as zestfully clean. That why showers were invented. I think women love baths must be a feminine thing.”
You miss the point. Jetted tubs are for relaxing rather than getting clean. You can’t beat reading or watching a movie in a jetted bubble bath, with some wine, cheese and/or chocolate covered strawberries, on a cold day, especially if the view is nice and the snow is falling and you suffer from back or neck tension.
LOL. People spend thousands for fancy outdoor hot tubs, but eeuw can’t stand to take a bath…
The only time I get in my tub/jacuzzi is when Mrs. Pismoclam joins me.
Remember when Chevy Chase tells Bill Murphy that rather than the pool, he would be better in the pond. hqhahahahaha
Here in California the state statute of limitations on construction defects is 10 years. This long period has resulted in 2 unwanted things.
1) Contractors like me who had liability insurance coverage that included multi-unit projects (HOAs involved) can no longer get coverage and have to rely on a “wrap” that covers the owner, developer and all sub-contractors.
2) There is now an industry that conducts construction defect law suits just prior to the 10 year statute. By the time a project is approaching 10 years even normal wear as well as damage from occupants are alleged to be construction defects. It is typical for the HOA or a lawyer to purchase a unit for the purpose of partial demolition to identify issues to litigate.
The unintended consequence of the 10 year statute is to drive up the cost of housing due to an increase cost in litigation.
I’m skeptical about the article above. I don’t think you can hide behind a simple name change. Contractor’s licensing boards are there to help the consumer. Liability coverage lasts at least as long as the statute. Certainly the owners from the article know who they purchased the house from? They would file suit against the seller anyway.
Courts are prejudiced against the contractors. I have been sued 4 times in the last 6 years and in each case I didn’t even do the work that was defective. I am never given the opportunity to prove that and get out of the suit however. In most cases I have to pay a 5 figure settlement with no wrongdoing whatsoever.
“Courts are prejudiced against the contractors. I have been sued 4 times in the last 6 years and in each case I didn’t even do the work that was defective. I am never given the opportunity to prove that and get out of the suit however.”
Why? Was the work done by a subcontractor that you hired and whose work you are responsible for?
“Why? Was the work done by a subcontractor that you hired and whose work you are responsible for?”
Case 1. General contractor did the defective work, it was not in my scope. Case was settled collectively and I was never afforded an opportunity to move for a dismissal prior to settlement.
Case 2. In this case I did the work but during the 10 year statute period the owner “managed” my work. Owner placed a piece of insulation in front of a crawl space vent to avoid freezing the plumbing. That cost $50k.
Case 3. The owner fired the General and hired a new sub to handle my scope. The new sub’s work was found deffective. I’ve been trying to get out of this for 3 years now.
Case 4. I was not even a contractor on a large condo project but I was named in the suit non the less.
The process here in California includes indemnification agreement in sub-contract agreements. There needs to be at least an un-proven allegation to invoke the indemnification but the process fails to provide the opportunity to dispute / prove the lack of valid allegation prior to the suit settling.
Nice summary Tango and you are spot on particularly regarding the friggen Lawyers…Blood sucking leaches this particular group are…Its why I stopped any HOA developing my last being in 2002 so I still have two years yo go on that one to get beyond the predators…
By the way, what zip are you in ??
93546 - Mammoth Lakes
Why? Was the work done by a subcontractor that you hired and whose work you are responsible for?
The friggen Lawyers sue everyone and you have to defend the suit…Its their way of “squeezing” money out of each contractor on the job…Its cheaper to settle than it is to defend most of the time…Happens all the time…The Lawyers will just tell you “well, I know you had nothing to do with the bad concrete since you are the electrician but we are going to do some research to see if we can find something you did wrong”…So, you have one of two choices;
Settle the lawsuit or Defend the lawsuit…Either way you lose…
But you said you weren’t allowed to offer any evidence that you were not at fault. What you are saying now is that it was cheaper to not fight it. That is still unfair, but it is a very different thing than claiming you weren’t allowed to defend yourself.
What you were looking for was a motion to dismiss based on them not having alleged the elements of a tort against you. You might even have won if their original theory of the law suit was “he did the electrical stuff on the house so he must have ruined the concrete somehow.”
A counter claim based on the lawyers including you despite knowing that you had nothing to do with their claim is possible. Probably costs more than it is worth, but it is possible. Of course, your history of settling claims will work against you. I’d suggest figuring out how to get this stuff to mandatory arbitration. Arbitration is cheaper so even if you choose to settle, they will not be able to get as much money as the nuisance value of the suit will be lower. And there is the possiblility that an arbitrator will look at the claim for the cracked foundation and dismiss you as a party entirely.
I may make $5k - $10k profit and then get named in a $10M suit. I have to rely on representation provided by my carrier.
In the case on my desk at present, 3 years into it the Owner won’t show up for mediation. Lots of bad blood between the Owner and Developer. I’m not in a position to conduct discovery, file a motion to dismiss, or do anything other then watch the cost of my coverage go up.
A counter suit is beyond my means. I would have no coverage and malicious prosecution suits are not favored here. It is necessary to prove actual malice when suing a lawyer for malicious prosecution and the burden of proving your case before being allowed to present when an anti-SLAPP motion is brought in response to a malicious prosecution suit is a significant.
“The unintended consequence of the 10 year statute is to drive up the cost of housing due to an increase cost in litigation.”
Sounds to me like a good argument for no statute of limitations on construction defects.
In which case all builders will just wrap up operations and set up a new corporation at the end of each project. You would have to require them to leave the corp in place with a sufficient insurance policy in place.
“You would have to require them to leave the corp in place with a sufficient insurance policy in place.”
It sounds as though there is a severe systemic moral hazard problem for fly-by-night builders to leave behind a trail of shoddy work, realizing that some bagholder (aka home owner) will be stuck with the cost of fixing stuff that wasn’t done right when the home was built. It seems hard to imagine how this situation could have evolved in the otherwise exemplary real estate construction industry.
PB,
“It sounds as though there is a severe systemic moral hazard problem for fly-by-night builders to leave behind a trail of shoddy work… It seems hard to imagine how this situation could have evolved in the otherwise exemplary real estate construction industry.”
Of course there is moral hazard for immoral contractors.
“Of course there is moral hazard for immoral contractors.”
That is not an of course in my book. This is the sort of situation which an effective system of laws and insurance could address. Too bad the REIC has so completely corrupted our financial system that there is little hope at the moment for governance by a rule of law with effective enforcement. If the rules of the game are written and administered to favor immoral contractors, then immoral contractors will flourish and those who try to live morally will lose out.
“If the rules of the game are written and administered to favor immoral contractors, then immoral contractors will flourish and those who try to live morally will lose out.”
these are state laws, i can only speak for california. in this case the laws are written and administered to favor the HOAs and homeowners to their own detriment.
it favors the owners by giving them something close to a slam dunk 10 years latter. everyone gets named and settlements are a forgone conclusion. it is to the detriment of owners that don’t sue as a matter of routine because they have higher costs.
the immoral contractor isn’t favored by the law but by the lack of enforcement.
Nothing new here. It’s been like this as far back as I can remember and probably long before that.
There is NO accountability NOR liability by general contractors in most states.
Amazing, huh? No warranty what-so-ever on something you just paid over $100K+ for. And people wonder why the PTB have no respect for the avg. citizen, er, I mean consumer.
Not getting ripped off is the main reason I learned how to build houses.
Isn’t it about time for Megabank, Inc to come clean and admit that the form of ‘financial innovation’ known as ‘mortgage securitization’ has been a complete financial disaster, leading to untold misery among millions of American households?
If nobody repudiates mortgage securitization, how will future generations of Americans prevent the banking industry from ramming this highly lucrative scam deep down their throats again and again?
So far as I am aware, the Fed is silent on the issue. Luckily some capable journalists are stepping up to the task:
Christopher Coughlin
* Arlington Conservative Examiner
Warnings of a Second Economic Meltdown
* October 7th, 2010 2:12 pm ET
We are on the precipice of an economic cataclysm, and this time, there may be no amount of government bailout money that can fix it.
Pretty strong, yes?
Consider the source.
In today’s Washington Post, Ariana Cha and Brady Dennis write the story that the financial and real estate industries have no doubt been dreading for some time. The article states:
Said another way, if you are one of the millions of Americans whose mortgage company sold off your loan to Wall Street, which subsequently bundled these loans into mortgage-backed securities that were sold and resold, it is no longer clear who owns your property.
Yep. You read that correctly.
Up until now, the ailing US housing industry has been seen through the prism of the foreclosure crisis, which in turn has been viewed as the sad but necessary fallout from the financial collapse in 2008.
The thinking was that once the backlog of non-performing housing inventory was cleared out, the housing market would find a floor and begin growing (appreciating) again, either leading or joining other industries in contributing to economic recovery.
But this is only half the story.
I first wrote about this, in August 2009; how TARP, while successful, only dealt with the banks and that the foreclosure crisis had wider ramifications because it did not make appropriate adjustments for mortgage borrowers.
At the time, I did not fully appreciate how the process of securitization of mortgages impacted property title and thus the legal standing of banks in foreclosure procedures. More recently, in this post, the situation came into sharper focus, if it was still mostly hypothetical.
But a rash of events have rapidly shed light on the this pending disaster.
Recently we have had states and major banks suspend foreclosures based on the actions of “robo-signers” who processed foreclosure paperwork without thoroughly reviewing the file for completeness an accuracy. This was followed by the announcements by title insurers who stated that they would not cover mortgage titles lost in securitization nor issue insurance on foreclosed properties without evidence of a clear title. That cascaded into today’s story regarding how those titles have been chopped up or lost in the maze of securitization, threatening the very concept of ownership amid charges of fraud.
…
I had a friend who, in the late 90s, got a loan from a dotcom that was specializing in making loans for used cars. He filled out all their forms and contracts, and they sent him a check for around $22,000, and he used it to buy a used Porsche 911. They didn’t send him a payment book with the check, and he assumed it would come later. About a month later, it still hadn’t come, and he contacted them and told them he hadn’t received it. They thanked him and said it would be taken care of. Again, nothing ever came, nor was he ever asked for his payment during this entire period. He decided to do nothing else about it, and other than receiving one phone message from the business about a year later (that he said sounded more like a friendly follow-up sales call and had no mention of the loan) to which he never responded, he never heard from them again. He held clear title on the car, because he later sold it. (That car was so much fun it was dangerous- at 120mph on a highway, you still felt in total control.) He has never heard from them again.
Could this happen with a house? Holding a clear title would be unlikely, so a sale would be difficult, but could you quietly live there for free ( or rent it out) your entire life? Seems insane, but ask my friend about his free 911.
The clouds on title created by the secondary market will explode in Florida (one of the hardest hit states for defaults). Title companies will not write new policies on these defective properties. They will be lucky to survive the financial sunami coming their way on just the questionable policies already written. The look back time for review of these policies is far greater than what has been reported. I know for a fact that there have been irregularities since 2004. Property transactions will come to a halt. The real estate data in Florida overall shows that aprox. 70% of all sales are distressed (REO,short sales etc.). It will be years before this mess is straightend out.
The clear title thing is important when you want to sell. Real property is different under the law than personal property. The rules derive from the equity courts, not the law courts. As a general rule, equity rules required more documentation (lots of actions were not valid at all without a written contract where other business could be enforced with a witnessed handshake), a bit more fairness (actual notice of actions and such) and specific performance (if you bought that parcel of land you had to get that parcel, not one that as the same value but is 100 miles away).
The rules are much more mushed up now as the distinct systems haven’t exisited for a long time, but there are remaining distinctions.
So, long story short, just because something works for a car doesn’t mean there is any implication that it will work for a house.
Real property is different under the law than personal property. The rules derive from the equity courts, not the law courts. As a general rule, equity rules required more documentation
In theory I think you are correct, polly. But I think we’re about to find out how far theory got from reality in the mortgage securitization industry. Might there be mortgages out there that no one can show clear ownership of? It’s starting to look that way. If so, what happens to those homeowners? Do they get their debt erased, or will the gov come up with some fund they must pay into (since there will still be records of their loans at the level of the servicers, despite there being no clear ownership of the loan itself).
Or is this all just a paperwork problem that will get sorted out?
I guess we’ll see.
It is possible that there will be transfers that everyone thought happened properly that never happened. Ownership will be somewhere. That is what the purpose of the written documentation was. It is possible that the actual ownership of the mortgage will end up with an entity that no one thought owned it and was not doing anything to enforce its rights. Even if the darn things are really owned by the creditors of a bankrupt loan originator, someone has the ownership.
I’ve said for the past two days, that I suspect the first transfer from the originators to the first step in the securitization process was probably done properly (maybe fraudulently as it may have been conveyed with promises about its characteristics that were untrue, but the paperwork was probably OK) most of the time. After that, I have no idea. And I don’t know how MERs fits into this. I’m not sure if all states allowed it and if so what restrictions they may have put on it.
When Bofa bought Countrywide, we thought that meant they were the new “owners” to whom we wrote monthly checks. turns out Bofa is just the “servicer” and the note belongs to Fannie Mae. So does that mean that my wife’s mortgage is part of the moratorium? (being serviced but not owned by Bofa). When was the note sold to Fannie?
Did anyone other than Fannie ever own the note? Did Bofa own and subsequently sell the note, or did they only buy the “servicing” from Countrywide, and not the note(which is owned by Fannie).
Its complicated, and I (and others) would like to understand the lineage/history of the the ownership of the note or trust deed or whatever its called. I believe the layperson deserves to understand at least, even though they admittingly are not paying and have no long term right to continue living in the house.
Is my wife’s loan under the moratorium or will our home be auctioned by Recontrust(Bofa subsidieary) as scheduled? Cuz it aint a Bofa loan(maybe it was after they bought Countrywide but before being sold to Fannie), Or was the note NEVER owned by Bofa, Countrywide or the originator American Home Mort, and all along belonging to Fannie. We were told by a Bofa regional manager that our loan was a loan serviced by Bofa, (incidentally being foreclosed on by their subsidiary Recontrust), but owned by Fannie.
See now I am utterly confused even if we need to scuttle out from our living rooms on 11/23, or possibly later?
What gives Recontrust the right to foreclose for Bofa if Fannie owns the note? We are in a non judicial state BTW.
Thanks in advance for any clarification from the brain trust here.
Mike, you can’t get advice about stuff this specific to your situation on the internet. You need a lawyer.
“He has never heard from them again.”
I wonder where the money came from?
I imagine from dotcom investors.
I’ll complete the story because it has some fun RE tie-ins.
After driving the heck out of the car for a couple or so years (it wasn’t some every-odd-sunny-Sunday-cruise-it-to-the-club mobile, but rather his daily commuter and road-trip car) he finally spun it off the road (butt first, in classic 911 style) racing around some partially developed subdivision (lots and streets but no houses or people). Ripped out the suspension etc, and the car was totaled. Then, after a full insurance payout, he either retained the salvage title or bought it back from the insurer for a pittance (I don’t remember which), he then had some shade-tree Porsche mechanic fix it for him for way less than the insurance payment. Even tweaked up the suspension and made it handle a little better. Pocketed about $8,000 and then drove it for another couple of years.
At that point, after having been paid about $8,000 for the pleasure of owning and driving the heck out of a Porsche for about 5 years, at the height of the housing bubble, he sold it to a hot-shot realtor for about $16,000.
Life is good…gather ye roses…
Some bstrds have all the luck…
It is nothing short of astonishing to see some rather good reporting of “mortgage-gate” start to show up in the MSM. Maybe these Establishment propaganda outlets are losing subscribers and advertisers so fast they have no choice but to occasionally write something truthful and relevant for their dwindling readership.
How MERS blurred the ownership of homes
Mortgage giants created the Mortgage Electronic Registration Systems (MERS) to speed up the loan securitization process, but as millions of homes fell into foreclosure, the lack of a paper trail left the ownership of mortgages in question.
Ehhh, still don’t get it. Is there a particular pattern? Were the mortgages & assignments not physically recorded at the courthouse, or just not recorded with notarized signatures etc?
Or is it just every manner of technical error we’re talking about?
Don’t make your payments? Foreclose them and send the deadbeats a 1099. I don’t want to subsidise a bunch of losers !!!
Thousands of foreclosures are put on hold
During the housing boom, millions of homeowners got easy access to mortgages. Now, some mortgage lenders and state governments have discovered many mortgage documents were mishandled.
» LAUNCH PHOTO GALLERY
Thanks to all the big brains here on the HBB, I’ve learned a lot about fraud so regarding the very interesting discussion on evolution the other day, there are some “soft spots’ in the theory. This Conservapedia page seems to have collected them in their article on the subject.
I never heard about these arguments because the “experts’ never told me about them.
Was I hoodwinked?
flim flammed?
bamboozled?
One of the most famous proponents of the theory of evolution was the late Harvard paleontologist Stephen Jay Gould. But Gould admitted the following:
“ The extreme rarity of transitional forms in the fossil record persists as the trade secret of paleontology. The evolutionary trees that adorn our textbooks have data only at the tips and nodes of their branches; the rest is inference, however reasonable, not the evidence of fossils…We fancy ourselves as the only true students of life’s history, yet to preserve our favored account of evolution by natural selection we view our data as so bad that we never see the very process we profess to study.[76] ”
In a 1977 paper titled “The Return of Hopeful Monsters”, Gould wrote: “The fossil record with its abrupt transitions offers no support for gradual change….All paleontologists know that the fossil record contains precious little in the way of intermediate forms; transitions between major groups are characteristically abrupt.”[77][78]
The senior paleontologist at the British Museum of Natural History, Dr. Colin Patterson, put it this way:
“ Gradualism is a concept I believe in, not just because of Darwin’s authority, but because my understanding of genetics seems to demand it. Yet Gould and the American Museum people are hard to contradict when they say there are no transitional fossils….I will lay it on the line — there is not one such fossil for which one could make a watertight argument.[79]
http://www.conservapedia.com/Theory_of_evolution
“Gradualism is a concept I believe in, not just because of Darwin’s authority, but because my understanding of genetics seems to demand it.”
My understanding of genetics is the mutation of just one gene can make all the difference in the world to an organism.
The mutation of one gene that eventually leads to one species branching off and evolving into another species won’t leave behind much evidence of this transition.
A couple of days ago there was posted an article that said at one time the number of our human ancestors were reduced to just a few thousand. How much fossil evidence should one reasonably expect to find from such small pool?
Also … the relentless creeping of gigantic glaciers that once covered much of the earth must have destroyed a lot of fossil evidence. In that many of our ancestors lived near these glaciers I don’t find it surprising at all to learn that relatively few of their fossils are being discovered.
What evidence that is found near where these glaciers use to be located are found in caves. Hence one could jump to the conclusion that our ancestors lived in caves.
But it may be that the only SURVIVING evidence of our ancestors is to be found in caves because caves were the only places that led to the protection of fossil evidence from creeping glaciers.
There’s a great film on the Galapagos about Owl barf in caves below the surface. If the Owl’s hadn’t regurgitated certain animal bones, there would be no evidence of them because of the destruction from lava on the surface.
The natural history of the world is missing many pieces.
Explaining away the reason or reasons for a lack of evidence does not create the evidence that is missing.
If you have new species appearing and other ones disappearing but cannot find the transition…… does that mean god has re-created the inhabitants on earth several times???? I think the horse is a pretty good example of transitional stages. Just because you can’t find them for every species does not mean it didn’t occur.
The mutation of one gene that eventually leads to one species branching off and evolving into another species won’t leave behind much evidence of this transition.
All I can say is, a visit to any Wal-Mart or McDonalds confirms that mutant humanoid life-forms appear to be proliferating and spawning all around us.
“My understanding of genetics is the mutation of just one gene can make all the difference in the world to an organism.”
Yes, a small genetic change cause have a large phenotypic change, which is what you would see in the fossil record. I believe I read somewhere that chimps and humans have 98% or more similar DNA but look very different.
Oh yeah, also If you look at the field of developmental biology (which studies how a fertilized egg turns into an organism), you get all kinds of “monsters” created from a few mutations.
How do you explain the uniqueness of life forms on isolated islands, other than with evolution (or a quirky god/evil daemon/deus deceptor)?
I don’t try to explain it. I just let the mystery be.
Is that you, Paul?
Why, is that you, Ringo?
Is that you, John Wayne? (Or is that Red River?)
I’m pretty sure the constant, relentless sleet of radiation from that giant nuclear reactor in the sky has nothing to with it.
The radicals WANT to be free!
A basic Ag class in high school is more than enough to demonstrate evolution.
Some people still think electricity is magic. Watcha gonna do?
I’m too tired to refute this nonsense tonight, but since this out-of-context quote was made what? 40 years ago? “Transitional fossils” by the freaking truckload have been (and are continuing to be,) discovered.
A simple google search will elucidate…. Please, people. Make a cursory ATTEMPT to educate yourselves?
Sheesh. This is getting pathetic.
I suppose that all Americans should be thankful that, unlike the toxic red sludge that recently engulfed a town in Hungary, the type spewed by our banking system has thus far not proven to be lethal.
The Foreclosure Mess
October 9, 2010 11:52 A.M.
By Andrew Stuttaford
How damaging could growing evidence of serious problems over the foreclosure process and, quite possibly, major flaws in great swathes of the documentation used in the mortgage securitization of recent years prove to be? Very, and the potential implications stretch far beyond the appalling fact that people may have been thrown out of their homes without, so to speak, due process. If there’s one thing that the economy needs if it is to move on beyond the housing and banking crises, it is the restoration of properly functioning clearing mechanisms that allow the housing market to find a “real” level and financial markets to establish a “real” price for all those toxic securities still lurking out there.
This piece from today’s Washington Post (extract follows) gives a hint of what may be to come:
The evils of “fraudulent eviction” are self evident, but note also the reference by the Washington Post to questions about whether “banks are seizing properties without having clear ownership of the mortgages”, a reference to legal problems that could conceivably unwind large numbers of supposedly securitized mortgages — and pose very ugly questions indeed over where the losses associated with them should lie.
…
The White House has so far resisted joining the election-season calls for action but convened two interagency meetings this week to discuss reports that banks filed fraudulent documents to evict borrowers who missed payments as well as fundamental questions about whether banks are seizing properties without having clear ownership of the mortgages.
This Administration and the “leadership” of both parties will be guided by one objective: to provide legal and political top-cover for their corporatist bankster masters at the expense of the sheeple. Wait and see.
The Executive and Legislative branches of America’s Constitutionally-established government have failed miserably to enforce a rule of law in the banking sector. I am still holding out hope that the Judicial branch may eventually clamp down on what, by all appearances, appear to be fragrantly felonious acts by high-level executives in the banking system.
flagrantly
Possible Freudian slip here.
“Fragrant” usually has a positive connotation, but not in this case.
Odious?
The Executive and Legislative branches of America’s Constitutionally-established government have failed miserably to enforce a rule of law in the banking sector.
That’s because the Executive and Legistlative branches have been co-opted and corrupted by the banking sector.
Ezra Klein
Economic and Domestic Policy, and Lots of It
‘This is the biggest fraud in the history of the capital markets’
Janet Tavakoli is the founder and president of Tavakoli Structured Finance Inc. She sounded some of the earliest warnings on the structured finance market, leading the University of Chicago to profile her as a “Structured Success,” and Business Week to call her “The Cassandra of Credit Derivatives.” We spoke this afternoon about the turmoil in the housing market, and an edited transcript of our conversation follows.
Ezra Klein: What’s happening here? Why are we suddenly faced with a crisis that wasn’t apparent two weeks ago?
…
IMO, this will be exposed as the cash grab by the ‘money changers’.
All with the full blessing of your Federal Government.
Janet Tavakoli is a babe. Sounds like she knows the score on the foreclosure mess, too.
The flies are circling the turds…
Up to 40 states plan inquiry into foreclosure data
Attorneys general in up to 40 states plan investigation into flawed foreclosure paperwork.
WASHINGTON (AP) — The attorneys general of up to 40 states plan to announce soon a joint investigation into banks’ use of flawed foreclosure paperwork.
A person briefed on the investigation said Saturday night that an announcement could come as early as Tuesday. The person spoke on condition of anonymity because the investigation was not yet public.
Iowa Attorney General Tom Miller will lead the investigation. Miller already has been leading multistate reviews of questionable foreclosure documents.
A joint investigation by 40 states would further escalate pressure on banks to widen their suspensions of foreclosures. On Friday, Bank of America became the first bank to halt foreclosures in all 50 states.
All these State AGs are salivating at the chance to use crusades against the New York based TBTF banks as a springboard to pose as “champions of the sheeple, er, people” in preparation for future runs for governor or Congress. While their motivation may not be the purest, I hope they go after the banksters hammer and tong and force the kind of fundamental reforms in the lending system that are long overdue.
the enemy of my enemy is my friend
It was Ohio and perhaps a few other states that had tried to crack down on predatory lending, but were blocked by the feds. Various federal agencies have had ample opportunity to go after the rampant fraud of the bubble years, but have done little.
More power to the state AG’s, whatever the motives, if they’re willing to step in and start doing what the feds should have been doing for years. Forty state AG’s acting together would be a powerful force.
Just wait until Calpers, et al decide that the mortgages in the trusts that issued the toxic waste were never really transferred to the trusts under state law. Then they are going to demand that the creators of the trusts (invesment banks) have to refund the money the trust used to “buy” the mortgages and take the non-performing mortgages back.
“take the non-performing mortgages back.”
That has an air of poofiness to it.
I would respond if I understood what you were saying, but I’m afraind I don’t have any idea. I’ll try to respond later if you want to explain what your post means.
“Poof” as commonly used here refers to the opposite of the Fed’s money creation activities: i.e., money vanishes into thin air.
Not sure if this was the intended meaning as a word root of “poofiness”?
Yes
Well, then sort of if you mean that the lawyers get a large chunk of it. Otherwise it is pretty much a zero sum game. The owners of the bonds would get money from the investment banks if they were successful, and everything would stay the way it is if they were not.
Too big to prosecute? I guess time will tell. I personally am holding out hope that some big fish will serve prison time over this one.
Fri., October 8, 2010 9:23am (EDT)
Major U.S. Banks Investigated For Foreclosure Fraud
By Chris Arnold
Updated: 2 days ago
With well over a million homes being repossessed, 2010 is shaping up to be a record year for foreclosures in the U.S. But there are serious questions about the way many have been carried out, and now prosecutors are investigating whether some of the country’s largest banks committed fraud.
Bank of America, Chase and GMAC Mortgage have put tens of thousands of foreclosures on hold and lawmakers are calling for a nationwide moratorium after bank employees acknowledged that they failed to conduct required reviews.
The question is whether this was just a costly paperwork glitch for the banks or if it’s another mortgage fiasco for the whole country.
“I’ve tried to read everything I can, I’ve called tons of people — I’m trying to figure out how big is this issue, and the answer seems to be nobody really knows,” says Thomas Lawler, an economist and former vice president at the mortgage giant Fannie Mae.
Nobody knows how the courts are going to react, but everybody is taking this very seriously — in part because it’s possible that the major lenders were committing fraud in hundreds of thousands of foreclosure cases over the past several years.
…
“I’ve tried to read everything I can, I’ve called tons of people — I’m trying to figure out how big is this issue, and the answer seems to be nobody really knows,” says Thomas Lawler, an economist and former vice president at the mortgage giant Fannie Mae.
Yet another refrain of “nobody saw it coming” or in other words, everybody is responsible so nobody is accountable. This guy and his ilk belongs on the same chain gang as Chris Dodd and Barney Frank. They don’t want to “figure out” this issue because then they’d have to admit the magnitude of their own criminal negligence in bringing this situation about.
Ok , I have had this feeling all along for years now that they discovered a flaw in the MBS’s ,as in defective product . Not only did those thugs rate those securities incorrectly as being AAA grade
but it’s starting to come out that the transfer of title was defective . Not only did the Lenders/Middlemen breach their duty to actually underwrite loans and prevent fraud in their “Wealth Creation Ponzi Scheme “, it appears the paperwork was defective, as well as the ratings of the securities were that were sold to the Secondary Market .
There has been a PR ploy circulated that in spite of the Lenders/Middlemen outright breaching their duty in every way to market sound and properly rated securities that this was legal while it might not be moral . All BS as far as I’m concerned , It’s the biggest Obstruction of Justice case in History .
One has to ask why the big guest to transfer the mortgage paper to another entity (Hank Paulson’s big ploy to transfer Bad Bank assets to another entity like F&F ) . Why the big push to re-write the notes ? Why the big guest to give par value for the non=performing paper ? I think the investors of many MBS’ funds were bailed out because it would of been discovered that so much of that stuff was defective and the Middle men including Goldman Sachs would of had to buy back the paper anyway . Bail outs avoided the reality of what standing law would of revealed .
This title problem would also explain why the Lenders have been having a difficult time in the foreclosure process . It would explain why the powers were overlooking the outright fraud of borrowers and mortgage makers . In truth AIG could of denied paying off on
those Credit Default Swaps based on fraud as a insurance Company always has that right . Anybody think it was rather odd that all of a sudden AIG insured this degree of paper in the highest peak of the market ,yet they never demanded a investigation of the paper they insured and were willing to pay off at par value ?
All you have to do is watch the chain of events that occurred leading up to Tarp and after that and the way the POWERS were going about everything and it was puzzling to say the least .
I have said all along it was a fraudulent/ defective loan product and process market and the actions that were taken were cover-ups for the true liability of parties .This goes beyond moral hazard
and it was simply the biggest Obstruction of Justice case in the United States History of financial cases .
What about appraisals? What happens in a neighborhood when a large percentage of the homes are stalled due to the latest foreclosure fraud? I would not want to be an underwriter/title insurer or an appraiser right now.
* Posted on Sunday, October 10, 2010
How Hank Paulson’s inaction helped Goldman Sachs
Greg Gordon speaks about Henry Paulson
ECONOMY
Treasury Secretary Henry Paulson, with other top officials, before the Senate Banking Committee Sept 23, 2008. | Chuck Kennedy / MCT
…
Paulson and Federal Reserve Chairman Ben Bernanke have been widely praised for engineering the Wall Street bailouts, which avoided systemic chaos, and they’ll probably get more plaudits if the government recovers much of the $400 billion in loans it made to financial institutions.
However, while Paulson has been criticized, unfairly or not, because $12.9 billion of the bailout money went to Goldman, he’s drawn little scrutiny for what he did in his first 18 months in office, during the final frenzied stages of the housing bubble.
In his eight years as Goldman’s chief executive, Paulson had presided over the firm’s plunge into the business of buying up subprime mortgages to marginal borrowers and then repackaging them into securities, overseeing the firm’s huge positions in what became a fraud-infested market.
“No one was better positioned . . . than Mr. Paulson to understand exactly what the implications of his moving against the (housing) bubble would have been for Goldman Sachs, because he knew what the Goldman Sachs positions were,” said William Black, a former senior thrift regulator who delivered the harshest criticism of the former secretary.
Paulson “knew that if he acted the way he should, that would have burst the bubble. Then Goldman Sachs would have been left with a very substantial loss, and that would have been the end of bonuses at Goldman Sachs.”
…
Goldman Sachs was Obama’s second largest contributer, after BP. It was a wise investment on their part. The dolts who thought they were voting for “hope n change,” on the other hand, might be feeling a bit hoodwinked, though most will bleat “it’s all Bush’s fault” and eagerly vote for the next charlaton the Republicrat duopoly presents them as a “choice”.
This guy sounds pretty scary. It’s great to know he is on the Obama team.
Tom Donilon’s Revolving Door
Before Advising Obama on National Security, Donilon Lobbied for Fannie Mae, Counseled Citibank, Goldman Sachs
By MATTHEW MOSK
Oct. 10, 2010
President Obama’s new National Security Advisor spent the decade prior to joining the White House as a legal advisor to powerful interests including Goldman Sachs and Citigroup, and as a lobbyist for Fannie Mae, where he oversaw the mortgage giant’s aggressive campaign to undermine the credibility of a probe into its accounting irregularities, according to government reports and public disclosure forms.
Thomas E. Donilon has been formally advising Obama on national security matters since the president’s transition to the White House, and he worked in President Clinton’s state department during the 1990s. But in between these high-profile public-sector assignments, Donilon was a highly paid lobbyist who represented an array of well-heeled and powerful clients, including former Republican New Jersey Gov. Christie Todd Whitman and Obama’s 2008 campaign fundraising chairman, billionaire heiress Penny Pritzker.
After a stint at the law firm O’Melveny & Myers, where Donilon was registered as a lobbyist for Fannie Mae, he took on full-time work with the mortgage giant as executive vice president for law and policy. Donilon’s name appears on Fannie Mae’s public lobbying disclosure reports between 2000 and 2005.
While housing sales were still booming, internally these were troubled years for the company. In a report first noted by ABC News in 2008, Donilon is described as someone who lobbied for and helped paint a rosy picture of Fannie Mae’s financial health to the company’s board. He did so at a time when Fannie Mae faced accusations that it was misstating its earnings from 1998 to 2004. Fannie Mae settled with the Securities and Exchange Commission for $400 million in 2006, and did not admit any wrongdoing.
…
“…that government of the banksters, by the banksters, for the banksters, shall not perish from the earth.”
I think I remember Obama promising “absolutely no lobbyists” on the campaign trail. It seems the media has conveniently forgotten this pledge.
HOW BOB WOODWARD DROVE THE NAIL IN JIM JONES’S COFFIN
By Josh Rogins — foreignpolicy.com
Jim Jones was preparing to leave his job as national security advisor in early 2011, according to Bob Woodward’s Obama’s Wars. Ironically, controversy erupting from that very same book may have contributed to Jones speeding up that schedule by several months; President Obama will announce his departure today, and that his replacement will be his deputy, Tom Donilon.
Immediate reaction within the administration to Jones’s resignation was consistent with the long-held view that Jones was never able to be effective as national security advisor because he was outside of Obama’s inner circle and was intellectually and sometimes physically cut out of major foreign policy discussions.
http://tinyurl.com/2dnyvjg
Be sure to read the comments!
“Jim Jones” is an unfortunate name for any senior official, especially one that imbibes the Kool-Aid that this crowd does.
Beware of geeks bearing grifts.
Whitman gets more campaign cash from Goldman Sachs
September 23, 2010 | Lance Williams
Since winning the Republican primary, Meg Whitman has banked $105,700 more in donations from her old contacts at Goldman Sachs, the powerful and controversial investment bank.
Whitman, the billionaire former CEO of the online auction house eBay, has spent more of her own money on her gubernatorial campaign than any political candidate in U.S. history – $119 million, state records show. That includes $48 million more in checks since the primary.
But she’s also collecting political donations.
Goldman, where Whitman has variously been an investor, a corporate director and a recipient of insider stock deals, has emerged as the GOP candidate’s biggest single outside source of campaign cash, records show.
Through last week, donors with Goldman connections have given Whitman $216,200. Donors associated with the Food 4 Less supermarket chain rank second, at $207,200, according to a California Watch review of state records.
Whitman has strong ties to Goldman. Much of her $1.2 billion fortune is invested in Goldman funds, according to her economic disclosure report. A Goldman subsidiary manages the money in her family foundation.
In 2001 and 2002, she served on Goldman’s board, where she was paid an estimated $475,000. She left the board after she was singled out in a congressional investigation of “spinning,” a now-banned practice in which investment banks allegedly traded access to insider stock deals in exchange for corporate underwriting business.
Goldman is perennially the most profitable of Wall Street investment banks, and over the years many U.S. politicians have regarded an association with the firm as a badge of honor.
But the investment bank faced harsh criticism for its wheeling and dealing in the ramp-up to the 2008 market crash and ensuing world recession. In July, Goldman paid a record $550 million – $350 million to the federal government, $200 million to investors – to settle a Securities and Exchange Commission lawsuit charging that the investment bank had fleeced German banks by selling them doomed investments based on underwater U.S. home loans. Goldman denied wrongdoing.
…
$105K ain’t gonna carry too much weight compared to the $40+ million of her own money.
Evicted family breaks locks, reclaims home
http://abclocal.go.com/kabc/story?section=news/local/ventura_county&id=7716207
I don’t know the details, but they were behind on payment, 8 kids or not. This presentation of “victims” smells, imho.
(Very close to my former residence in So Ca.)
Talk about a couple of delusional media whores!
Sounds like Meg may have a case of the same foot-in-mouth disease that afflicted W.
Detroit to Whitman: Invest in struggling cities
By JULIET WILLIAMS (AP) – Sep 23, 2010
SACRAMENTO, Calif. — The Detroit mayor’s office on Thursday sharply criticized California Republican gubernatorial candidate Meg Whitman for comparing Fresno to Detroit and calling it “awful.”
Karen Dumas, a spokeswoman for Detroit Mayor Dave Bing, said in a statement Thursday to The Associated Press that the billionaire candidate should focus instead on investing in communities such as Detroit and Fresno.
“Fresno, like Detroit, shares the reality of being an urban city that continue(s) to bear the burden of a Wall Street meltdown,” Dumas said. “Perhaps Ms. Whitman is better served in making investments in communities like Detroit and Fresno rather than profiting at their expense.”
Whitman, the former chief executive officer of eBay, once served on the board of investment firm Goldman Sachs.
Whitman made the comment Tuesday in an interview with the editorial board of the San Jose Mercury News, which reported her statement the next day.
“Fresno looks like Detroit. It’s awful,” she said.
…
The tiny Delta Smelt is also adding to Fresno’s troubles because without irrigation water the Ag industry cannot function.
without irrigation water the Ag industry cannot function ??
Insert the word subsidized…
When the delta pumps suck up and kill 33 smelt they shut down the pumps. Tough luck farmers. 50 % unemployment in Modesto and San Joaquin.
How about if instead of trying to resurrect the practice, mortgage securitization is turned into a federal crime, with those who perpetrate it required to serve prison time?
Legal
The Future of Freddie and Fannie
October 6, 2010, 4:47 am
From Edward L. Glaeser at Economix:
In the past, Fannie Mae and Freddie Mac operated as profit-making entities backed by an implicit government guarantee. That toxic combination always seemed designed to lose billions of taxpayer dollars, and that is exactly what happened.
Looking forward, the best option is to replace them with an entirely public entity that enables securitization by guaranteeing 30-year fixed-rate mortgages and that charges a high enough premium to stay solvent. We then should hope that private competitors will eventually put the public entity out of business.
…
I read it. This guy is an idiot. Funny how places like Canada do just fine without a Fannie Mae.
We just need a Fannie Mae and a Freddie Mac do over without Barney Mae and Chris Mac and other assorted Fed do-gooders.
No, we need to get the guv’mint out of the housing business entirely. Including an end to the mortgage deduction.
Including an end to the mortgage deduction ??
For all mortgages ?
Absolutely.
“Including an end to the mortgage deduction.”
I’d gleefully pay cash to see this go away.
‘We just need a Fannie Mae and a Freddie Mac do over’
Let’s look at how insane this discussion gets. From the article:
‘Looking forward, the best option is to replace them with an entirely public entity that enables securitization by guaranteeing 30-year fixed-rate mortgages and that charges a high enough premium to stay solvent. We then should hope that private competitors will eventually put the public entity out of business.’
‘The job of the entity should not be expanded to include holding a vast portfolio of mortgages, providing affordable housing for the poor or stability for the financial system. We have other, better instruments to promote housing affordability, like Section 8 housing vouchers and the Federal Housing Administration. The Federal Reserve System, the Federal Deposit Insurance Corporation and the Treasury are far better positioned to protect the financial system.’
‘I’m hoping that the entity will develop a conservative penny-pinching culture roughly akin to that held by old-style central bankers’
‘Ideally, the new entity would be at least as independent as the Federal Reserve System.’
So about this:
’should not be expanded to include…providing affordable housing for the poor or stability for the financial system’
This is interesting, as keeping housing prices higher is sold to us as key to ’stability for the financial system’. And where’s the role of the GSEs in the housing bubble in all this? It’s typical DC think to ignore that a ‘quasi-govt’ organization supposedly charged with affordable housing actually was instrumental in the speculative mania/lending disaster AND used it’s lobby to squelch reform efforts.
But according to people like this guy, we must have another GSE? Here’s a suggestion; let’s just skip it. I’ll bet we’ll never even notice they’re gone.
Makes you wonder how much “research grant funding” Harvard’s economics department gets from REIC institutions like Fannie Mae…
Currency Wars a Threat
” Looks like we’ll have competition among the world currencies to contend with for a while longer. The International Monetary Fund (IMF) meeting Friday and Saturday didn’t resolve the problem, but IMF pledged to “deepen its work” in trying to resolve the present “war” among the money units of the U.S., Europe, China, and Japan. Canadian Finance Minister Jim Flaherty said, “Currency disputes can easily become trade disputes.”
The big fear is that devaluing currencies could lead to trade wars such as occurred in the early 1930s, contributing to the Great Depression.
~ Currency Disputes
There’s a glimmer of hope in the present currency mess. It could lead to the shocking conclusion that governmental management of money leads to a dead end. It always has, through the ages. No exceptions. And the sad thing is the United States is losing its long-held reputation for producing the most trustworthy currency in the world. Increasing numbers of Americans are holding CDs and other financial instruments denominated in foreign currencies. They are betting AGAINST the U.S.!
No Social Security COLA expected for 2011
By STEPHEN OHLEMACHERAP posted: 6:26 AM 10/10/10
AP
WASHINGTON -As if voters don’t have enough to be angry about this election year, the government is expected to announce this week that more than 58 million Social Security recipients will go through another year without an increase in their monthly benefits.
It would mark only the second year without an increase since automatic adjustments for inflation were adopted in 1975. The first year was this year.
“If you’re the ruling party, this is not the sort of thing you want to have happening two weeks before an election,” said Andrew Biggs, a former deputy commissioner at the Social Security Administration and now a resident scholar at the American Enterprise Institute.
“It’s not the congressional Democrats’ fault, but that’s the way politics works,” Biggs said. “A lot of people will feel hostile about it.”
The cost-of-living adjustments, or COLAs, are automatically set each year by an inflation measure that was adopted by Congress back in the 1970s. Based on inflation so far this year, the trustees who oversee Social Security project there will be no COLA for 2011.
Oh, but Fedgov workers and members of Congress will get theirs, you betcha!
That’s a given, they always give themselves a raise and the gubmint worshipers think it’s great that their masters are so well taken care of. Because people are smart!
Yeah I remember the downturn in the early 1990s. Base Realignment and Closures - BRACs, decimated California real estate. If it wasn’t for me paying mortgage on a depreciating house, I would have not been so much aware of any pain in the defense cuts in those days. Still had plenty of work to do as a government employee. You never work overtime as a feral employee. At least in those days my pay was below what I’d get in the private sector. But eleven paid holidays per year, every other Friday off, two hour drive to Mammoth Lakes for snow skiing. There were some good things about that place…
Bottom line is that I had a secure job there at the base. I have a bunch of friends still working there. One is in his early 50s and he and his wife are about to retire. They are DINKs and very happy go lucky people. I’d give the shirt off my back to them.
“You never work overtime as a federal employee.”
I’ve worked overtime every year I’ve worked for the federal government. It’s not something I like doing because pay for the overtime hours is either the same or usually less than if I was scheduled to work those same hours.
I didn’t go home until 10:30 PM one day last week. And I don’t get paid a penny for it. I do get credit for hours that I can take off later in the month.
I remember back in those days I had to do computer maintenance tasks after hours. The technical lead was a great engineer everyone liked. One time I cannot forget is that we had a major thunderstorm and power went out. I could not see to do my work so it was time to go home. Still was able to secure the room. I was entering the next lab room to get ready to secure it and heard the tech lead’svoice - “Who’s that?” I was laughing. The guy was waiting in the lab somewhere for the power to go back on so he could continue working.
My own correction to the earlier post: You never get paid overtime as a federal employee at least in the organization where I worked. You certainly can get comp time. I had lots of it but never used it. Had so much opportunity to take days off. But a federal employee’s salary is not enough to rub elbows with the Los Angelenos often enough at Mammoth Mountain.
There is no COLA for federal employees. There is an increase that is supposed to up federal workers salaries to be equal to that earned by their private sector counterparts with similar education and experience. Now, I am of the opinion that this number is essentially unknowable. Working conditions are too different especially at a time when private sector employment is subject to layoffs. But some Congress came up with a formula, passed the legislation, and a president signed it. If it was ever allowed to be implemented, it would raise federal worker salaries by about 10 to 15% across the board. However, it is never allowed to happen. The government always passes something that prevents the automatic number from kicking in. So fed workers get 1.9% or something like that instead of 10 to 15%. It could easily be 0% in some year in the future, but it will have to be done explicitly by an act of Congress. If Congress does nothing, the giant pay increase would kick in automatically.
Federal retirees do get a COLA.
Tell them about the locality pay differential Polly.
Part of the pay raise is alloted to locality pay which acknowledges that the overall pay scale in certain metro areas is higher than it is in non-metro areas. The whole thing is outrageously political (vast swathes of West Virginia are included in the DC metro area) and reflects almost no reality on the ground at all.
Don’t forget the recently enacted XXVII Amendment which prohibits Congressional pay raises taking effect until after the next election.
More to come. If promised money is not to be had then those where were promised will be had.
This thread makes it sound as though a cost of living adjustment should be an increase every year even if the cost of living does not increase.
As long as we live in a “you owe me a living” society this will be the thinking.
But in the long run (besides being dead) cold reality will eventually assert itself.
Not really. Palmy is just pointing out that fed gov will close ranks and take care of its own with raises, deficits be damned. Combo is just pointing out that this is just the beginning of “promised money” not being delivered, and IMHO we will see more gov’t spin (regardless of who is in charge) on downplaying real inflation to reduce SS (and other) payouts.
Are you suggesting that the cost of living didn’t increase this year?
I realize the CPI is flawed.
By law, Social Security and Supplemental Security Income benefits increase automatically each year if there is an increase in the Bureau of Labor Statistics’ Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), from the third quarter of the last year to the corresponding period of the current year. This year there was no increase in the CPI-W from the third quarter of 2008 to the third quarter of 2009.
I thought last week’s job announcement said 95,000 jobs were lost and 65,000 private sector jobs were created. If my math is correct, a net 160,000 government jobs were abolished.
So maybe the COLA for government employees is not all bad as long as non-essential jobs are cut.
I’m planning on sticking to the defense sector, whether as a federal employee or private employee. I have a variety of knowledge on different systems and last time I checked the US constitution, the government (taxpayers) must provide for the common defense. So some way or another the constitution okays the development and production of the tools of defense. They are not done for free.
A cost of living adjustment without an increase in the cost of living? Give me a break!
The median wage has been falling behind the cost of living since 1973.
It’s important to note that if the cost of living (as presently computed) goes down, Social Security recipients just don’t get an increase, instead of getting a decrease in line with the decrease in the cost of living.
The worst situation would probably be one in which prices are rising rapidly, so you have to wait until the next annual adjustment to catch up and then immediately begin falling behind again.
Declining prices with no decline in benefits is the best situation, except to the extent to which the computed cost of living doesn’t mesh with the actual cost of living.
Credit card reform isn’t providing relief for small-business owners
San Antonio Business Journal
More finance reform may be on horizon in the form of tighter guidance for credit cards issued to small businesses.
And though it still remains a long shot for this year, area small-business owners and experts say such reform legislation is necessary and already overdue.
Some eights months after the consumer credit-card reform legislation, or CARD Act, went into effect nationally, the National Small Business Association continues to lobby for legislation that would place business and professional credit cards under the same guidelines as are now in place for consumer cards.
The CARD Act was designed to foster greater transparency through clear disclosure of contract terms and better billing and marketing practices. For example, it does not allow credit card issuers to charge consumers an inactivity fee, multiple penalty fees for the same transaction, or a late fee of more than $25 unless one of the cardholder’s last six payments was late (and then it can only go up to $35). The act also requires credit card issuers to explain any increase in their card’s annual percentage rate and to re-evaluate the increase every six months for a possible reduction in rate.
However, these guidelines were not extended to business credit cards, resulting, some observers contend, in a shifting of the burden to small businesses in the form of higher interest rates and onerous credit-card terms.
“A good politician is quite as unthinkable as an honest burglar.”
~H.L. Mencken
Mainstream media constantly chatter about what Congress is doing.
But what about the vitally important things Congress is NOT doing?
“For the first time since modern budgeting was introduced with the Budget Act of 1974, the House failed to even write a budget,” writes Charles Krauthammer. “This in a year of extraordinary deficits, rising uncertainty and jittery financial markets. Gold is going through the roof. Confidence in the dollar and the American economy is falling — largely because of massive overhanging debt. Yet no budget emerged from Congress to give guidance, let alone reassurance, about future U.S. revenues and spending.
“That’s not all. Congress has not passed a single appropriations bill. To keep the government going, Congress passed a so-called continuing resolution (CR) before adjourning to campaign.”
And that CR allows spending at 2010’s greatly increased levels. A stealth victory for the Dems.
No, it doesn’t. The stimulus spending is not part of a continuing resolution. You are wrong.
Myrtle Beach residents say high tax values wrong
MYRTLE BEACH - Myrtle Beach area residents who have seen the market values of their homes drop in the recession say the county tax assessor is overestimating the worth of their property.
The county’s new assessments going out in the mail this year are based on values as of Dec. 31, 2008. That’s about one year after the beginning of the recession and six months before its end.
Since then, sales prices in Horry County have dropped between 4 percent for single-family homes and 28 percent for condos.
Some residents say neighboring homes that are bigger and sometimes on larger lots are selling for less than the assessed values of their own homes, prompting concerns that their property value is well below what the county says it is.
Boo hoo. And when they were bragging to eachother in 2005/2006 about their soaring home values, none of them were complaining about the fact their assessments hadn’t caught up to the “value” of their houses.
dropped between 4 percent for single-family homes and 28 percent for condos.
That’s an interesting statistic all by itself. Condoze really are a bad “investment” compared with a SF house.
“We have to keep doing everything we can to accelerate this recovery,” President Barack Obama said. “The only piece of economic news that folks still looking for work want to hear is, `You’re hired.’ And everything we do is dedicated to make that happen.”
So hows that working out so far Barry?
Of course he like many millions of Americans don’t or can’t understand, it is not governments roll to “create” jobs.
He should start by quitting and giving someone (anyone) else his job. That’s the least the man could do.
Actually, what most folks out of work would like to hear from Barry is “I apologize to the nation for my failure to lead. I and my entire cabinet, and all the members of both parties who have presided over the diastrous policies of the past dozen years, will be resigning and leaving town under cover of darkness, effective immediately.”
Leaving the governors of the states to appoint their buddies to take over the empty Congressional seats and the executive branch agencies to do whatever they feel like with the political appointees below cabinet level running the show?
OK, fine, if you insist, then let’s have the governors and the political appointees leave as well.
So the state legislatures will probably appoint the new Congress (from their own ranks, no doubt) and the civil service senior managers of the executive branch agencies will run the show without the political appointees cramping their style.
Look, if what you want is to dump the Constitution and go back to a system of loosely affiliated but sovereign states, you can say so. But dumping the people who you can point a finger at without dismantling the whole system doesn’t work. It just leaves you with a huge bureaucracy and no elected government to run it.
By all means. And make sure the zombies who elected them get their lobotomies reversed before they’re allowed to go anywhere near a voting booth.
Tomorrows leaders…
Is teaching math and history in public school through hip-hop and rap “music” is a method taxpayers should be supporting.
Welcome to “Flocabulary,” a teaching system said to be used in more than 10,000 schools nationwide.
Here’s part of the lyric of a history lesson; “Andrew Jackson thinks he’s a tough guy. Killing more Indians than there are stars in the sky. Evil wars of Florida killing the Seminoles. Saying hello, putting Creek in the hell holes. Like Adolf Hitler he had the final solution. ‘No, Indians, I don’t want you to live here anymore.”
Another; “White men getting richer than Enron. They stepping on Indians, women and blacks. Era of Good Feeling doesn’t come with the facts.”
~ Old Dead White Men
http://www.youtube.com/watch?v=kLp2zBEW4aM
My guess is that there is a bubble in curriculum consultants.
Abolish government schools.
‘Is teaching math and history in public school through hip-hop and rap “music” is a method taxpayers should be supporting.’
Sounds like SAT scores will be going up for sure in the districts which implement this rap-math education strategy (NOT!)…
Here is a question.
Let’s say someone decide to strategically default, and roll the dice to see whether the bank’s paperwork is in order. Do they continue to pay property tax and HOA fees (in the hopes that the bank can’t foreclose due to a paperwork mess), or do they stop paying the whole thing on the assumption that they will lose the thing anyways?
It will be interesting to see the number of people behind on their mortgages about 90 days from now..
Good question.From what I have seen the people that have no intention of paying a dime do not pay the property taxes or hoa fees.So when the bank gets the home back and want to sell it they have to pay the back taxes and hoa to have clear title for the new owner.
Like I have said before the govt is making the problems worse.they keep rewarding people for not paying.More people are going to test the waters I’m afraid.
“More people are going to test the waters I’m afraid.”
And because of this eventually a tipping point will be reached which will end up forcing a change.
Would that be change that we can finally believe in?
For people that have been unsure if they should strategically default this provides great incentive to do so. Banks got bailed out by the government/taxpayer, so why not create your own bailout? Once rule of law and morality have broken down it will become increasingly difficult to convince people to play by the rules. Rules are for suckers, everybody else will get bailed out.
Gold bullion coin in my three hiding places is my rule of law and morality to insure myself from the social consequences when strategic defaults significantly increase.
Three places, huh?
Sock drawer.
Pantry, behind the oatmeal.
blue sportcoat in the hall closet, front pocket.
Over 100 miles apart.
“Do they continue to pay property tax and HOA fees (in the hopes that the bank can’t foreclose due to a paperwork mess), or do they stop paying the whole thing on the assumption that they will lose the thing anyways?”
If I were going to gamble this way (and I am not), I would keep paying taxes and HOA, on the presumption that if the bank’s paperwork is in a state of disarray which prevented them from foreclosing on me, then I would be in the good graces of my state government and HOA authorities, who might be determined and capable of having me removed from my home even if the bank was incapable of doing so.
Of course, if a home owner is completely debt-beat, they may lack the means to even pay property taxes and HOA, in which case the ‘no payment / hope for the best’ strategy might be the only option.
If I was going to do it I would quit paying everything to show I’m serious.I would squirrel the money away and if things didnt go my way I would bring everything current before a trustees sale.I think if you show you are will to pay anything you lose power in the negotiations.Act as if you have totally given up.
After Foreclosure, a Focus on Title Insurance
http://www.nytimes.com/2010/10/09/your-money/mortgages/09money.html?pagewanted=1&ref=general&src=me
The inability to get title insurance should move things along, I would think.
Huh. I thought title insurance really covered the lender’s interest, not the FB.
Financial market prediction for near-term: The outlook will remain “unusually uncertain” for the foreseeable future; and the prospect for an export-led U.S. labor market recovery is unusually bleak.
* ECONOMY
* OCTOBER 10, 2010, 10:40 A.M. ET
IMF Meeting Fails to Resolve Conflict Over Currencies
By BOB DAVIS
WASHINGTON— The International Monetary Fund’s annual meeting this weekend failed to ease currency battles roiling markets, pushing the dispute off to a summit next month of leaders of Group of 20 countries, with no clear resolution in sight.
The meeting Saturday might have been more significant for possible solutions ruled out. Chinese central bank officials rejected calls for an international or regional currency accord, and the World Trade Organization’s chief said his institution didn’t want to get involved in exchange-rate fights.
IMF members also scotched an effort by the U.S. to link a bigger Chinese role in the IMF to changes in Beijing’s currency policies. “Nobody is linking this,” said Egyptian Finance Minister Youssef Boutros-Ghali, who chairs the IMF’s policy-making committee.
Youssef Boutros-Ghali, Minister of Finance of Egypt and Dominique Strauss-Kahn, IMF Managing Director, spoke at a press briefing by the IMF’s Board of Governors during the IMF’s meeting in Washington, DC.
A U.S. official said the Obama administration would take the fight over currencies to a Seoul summit of leaders of the G-20 industrial and developing nations in mid-November. The administration used the last G-20 summit in June to prod China to announce beforehand that it would adopt a more “flexible” currency policy, rather than tying the yuan tightly to the dollar. But after the summit, the value of the yuan barely moved, provoking outrage on Capitol Hill and frustration in the Treasury and White House.
The U.S., European nations and a number of emerging-market countries complain that China is deliberately undervaluing its dollar to aid its exporters. To compete, South Korea Brazil and other Asian and Latin American nations have taken measures to beat down the value of their currencies as well, leading to fears that these efforts may presage a trade war.
If joblessness persists, “there’s a danger countries will turn inward, and, as a result, international cooperation will falter,” said World Bank President Robert Zoellick in a weekend briefing.
…
“Chineese central bank officials rejected calls for a international or regional currency accord…”
What a surprise. Since China is sitting in the catbird seat, why should they want to support a change?
A quarter of a trillion dollars a year net of wealth is flowing from us to them and they should want this to stop?
Lol.
Yuan surpasses new high prior to IMF meeting
By Li Qiaoyi
The yuan rose to a record high Friday, despite the government’s vocal opposition to sharp appreciation.
The People’s Bank of China, China’s central bank, set the yuan’s central parity rate at 6.6830 against the dollar Friday, hitting a new high since the country launched currency reforms in July 2005.
The yuan gained in early trade to about 6.6710 against the dollar, Dow Jones Newswires reported, indicating an appreciation of 2.3 percent since the central bank in June announced plans to proceed with foreign exchange reforms. Those reform measures were previously put on hold due to the global financial crisis.
The rising yuan is in line with the government’s recent pledges to maintain a more flexible currency.
…
I’m surprised that Turbo Tax Timmy’s mea culpa in the WaPo hasn’t been posted yet…..
Oh wait, it’s not a mea culpa. It’s all about how we taxpayers are WRONG about what TARP accomplished.
Treasury Secretary Timothy Geithner tackles five myths about TARP…
1. The TARP cost taxpayers hundreds of billions of dollars.
2. The TARP was a gift for Wall Street that did nothing for Main Street.
3. The TARP was a quick fix for the market meltdown but left our financial system weak.
4. The TARP worsened the concentration of the banking sector, leaving it more vulnerable to another crisis.
5. The TARP was the centerpiece of a strategy by President Obama to assert more government control over the economy.
I’m glad that TTT convincingly argued that these layman thoughts were all wrong.
Linkey
http://www.washingtonpost.com/wp-dyn/content/article/2010/10/07/AR2010100705081.html
TARP did have one undisputable benefit: It clearly showed who the Republicrat duopoly’s real “constituents” are, not that the morons who elected them paid any notice.
I have no evidence to bear on whether the Fed and its banking sector minions actively game the stock market on bad data release days like last Friday, but I find it puzzling how MSM commentators consistently presume that all stock market movements are driven by decentralized private investor decisions instead of centralized government intervention. This seems like a stretch, to say the least.
Nick Godt’s Market Medics
Oct. 9, 2010, 12:01 a.m. EDT
Beyond easy money and currency wars
By Nick Godt, MarketWatch
NEW YORK (MarketWatch) — As anyone who followed stocks’ reaction to a dreadful U.S. jobs report on Friday will have noted, markets are currently swimming in a world of monetary stimulus.
If the Dow rallied past 11,000 for the first time in five months, it’s because the jobs report was the latest and most important in a string of weakening reports that all but guarantee that the Federal Reserve will soon provide more easy money to try and boost the economy.
That’s great for the short to medium term for the market.
Another round of asset purchases from the Fed should keep government bonds in favor, put further pressure on the dollar while lifting stocks and commodities and, of course, gold.
But for the longer term, the question arises as to what happens to all the build-up in risk that emerges when rallying assets are so-far removed from deteriorating fundamentals, such as weakening economies and employment in most of the industrialized world, along with the rising threat of deflation.
It’s often heard in markets and often said by commentators that even in bad economic times for the domestic economy, “global growth” can save the day. It was noted recently in this column that Japan, even during its Lost Decade of deflation, had managed to benefit from global growth, especially the 1990s technology boom.
But in today’s world, two years after the eruption of the worst financial and economic crisis since the 1930s, most countries want to stimulate their economies and lower their currencies to boost exports at the same time.
Not everyone will succeed. The game is already rigged in favor of China, which keeps its currency artificially undervalued maybe by as much as 40%, according to some estimates. Meanwhile, the “growth” generated by China, and in much of Asia, is not leading to more demand for goods made elsewhere.
…
Some bovines have yet to abandon their faith in money that grows on trees. Never mind Japan’s abysmal failure in this area over the past two decades.
Buttonwood
The magic bullet
How the bulls believe quantitative easing will boost asset prices
Oct 7th 2010
BACK in the days of the gold standard countries competed to show their commitment to “sound money”. Nowadays, the competition is in a different direction: to create more money and weaken the currency. Brazil’s finance minister has talked of an “international currency war”. Dominique Strauss-Kahn, the head of the IMF, this week warned against using currencies as a policy weapon.
Wishing that your currency would decline is not the same as making it do so. The old tactic of cutting interest rates has been pursued almost to exhaustion, although Japan lowered rates to a 0-0.1% band this week (see article). But it is hard to create much of a yield differential within the developed world when rates are at or below 1% almost everywhere.
Intervention has been pursued in the rich world by both the Japanese and the Swiss. But intervention works best when central banks co-ordinate their purchases, and which country is going to help another to devalue?
…
This is the tip of Meg’s iceberg, IMO. Don’t vote for Gollum’s candidate, California!
The California governor’s race
Enter the housekeeper
An illegal immigrant disrupts the race to run the world’s eighth-largest economy
Oct 7th 2010 | Los angeles
ON OCTOBER 2nd Meg Whitman, the Republican candidate, began her second debate against Jerry Brown, her Democratic opponent, by admitting to a Hispanic audience that “I cannot win the governor’s race without the Latino vote.” And yet the ensuing debate—with questions asked in Spanish by Latino moderators—might just have cost her that vote, and thus the entire election.
If Ms Whitman, a billionaire and former boss of eBay, had had her choice of topics, they would have been the evils of California’s belated budget, red tape and government waste, all of which she, as a tough businesswoman, promises to cut in an effort to create jobs. And she would have reminded voters that several public-sector unions, whose taxpayer-funded largesse towards their pensioners is one of California’s biggest economic problems, are putting their money behind Mr Brown. But the biggest issue, instead, was illegal immigration. And the reason for that was Ms Whitman herself.
Only days earlier, a sobbing Mexican mother, Nicandra Diaz Santillan, had told a stunned press corps in Los Angeles that she had worked as a housekeeper for Ms Whitman for nine years until June 2009, when she confessed that she was an illegal immigrant. According to Ms Diaz Santillan, Ms Whitman, who was promising to be “tough as nails” on illegal immigrants and their employers to win the Republican nomination, promptly fired her. Wiping away tears, Ms Diaz Santillan said that Ms Whitman was “throwing me away like a piece of garbage”.
…
i’m no fan of meg whitman. color me anyone but moonbeam.
however
whitman got the housekeeper from an agency. when the whitmans where notified of a discrepancy between the employees name and her social security number the whitmans asked the housekeeper for an explaination. the explaination was that she was and illeagal alien.
she wasn’t promptly fired, she was treated with consideration.
The documents, which Whitman claims Nicky filled out and signed back in 2000 during her application for employment, appear to show that the maid stated under the penalty of perjury that she was a “lawful permanent resident” of the United States.
Whitman also claims Nicky provided her with a social security card and valid California Driver’s License with her employment application … which Meg kept and has now handed over to TMZ.
Whitman has also issued a statement on the matter, saying … “After 9 years of faithful service, Nicky came to us in June 2009 and confessed that she was an illegal worker.” Whitman continues, “Nicky has falsified the hiring documents and personal information she provided to the employment agency that brought her to us in 2000.”
And, Whitman continues, “I believe Nicky is being manipulated by Gloria Allred for political and financial purposes during the last few weeks of a hotly contested election.”
Whitman concludes, “This is a shameful example of the politics of personal destruction practiced by people like Jerry Brown and Gloria Allred. The charges are without merit.”
link to docs in next post
from tmz:
The documents, which Whitman claims Nicky filled out and signed back in 2000 during her application for employment, appear to show that the maid stated under the penalty of perjury that she was a “lawful permanent resident” of the United States.
Whitman also claims Nicky provided her with a social security card and valid California Driver’s License with her employment application … which Meg kept and has now handed over to TMZ.
Whitman has also issued a statement on the matter, saying … “After 9 years of faithful service, Nicky came to us in June 2009 and confessed that she was an illegal worker.” Whitman continues, “Nicky has falsified the hiring documents and personal information she provided to the employment agency that brought her to us in 2000.”
And, Whitman continues, “I believe Nicky is being manipulated by Gloria Allred for political and financial purposes during the last few weeks of a hotly contested election.”
Whitman concludes, “This is a shameful example of the politics of personal destruction practiced by people like Jerry Brown and Gloria Allred. The charges are without merit.”
On this- at least- Meg appears quite innocent. Employee was sent by an agency. Was cleared. Had fake numbers (violating law, besides being an illegal in the first place).
Was paid about the median annual wage for a household in the USA, better than many earn.
Was appropriately let go once the issue came to light.
Now has exposed herself to deportation to help Gloria make political points.
Not fond of Meg, but if in California these games would leave me more likely to vote for her.
See?
Don’t worry too much about Jerry and the Unions. One of the most reassuring things I ever heard anyone say about the man was a tough-as-nails lobbyist whose main complaint about Jerry Brown was that “The guy won’t stay bought.”
Jerry Brown isn’t beholden to ANYone. And that’s the truth. And for the record? That smirking “Governor Moonbeam’” moniker was because he had the temerity to suggest that CA’s billion dollar budget SURPLUS (saved under his administration,) be invested in nascent geosyncronous satellite technology–to launch a “communications satellite” in fact, back when such an idea was a pie-in-the sky kinda dream in the world before cell phones. But on the cusp of sat transmissions for commercial use. Leasing time out to broadcast , communications, military, corporate networks was projected to bring in multi millions per year and advance the state into the vanguard of satellite communications worldwide.
Oh pooh, you hippie moonbat, came the response from the Reaganites.
So what happened?
France launched COMSAT that next year and make a bloody fortune for their national treasury, and California got Ronald Reagan’s used car salesmen buddies sucking up that billion dollars faster than you can say cronyism.
A brisk fall
Oct 8th 2010, 13:16 by R.A. | LONDON
TODAY, the Bureau of Labour Statistics released the last set of American employment numbers to come ahead of the November Congressional elections. If the Democrats were looking for a boost from the numbers, they’re sure to be disappointed—and then some. For the fourth month in a row, nonfarm payroll employment declined in September, by a total of 95,000 jobs. The unemployment rate held steady at 9.6%.
The drop in payroll employment was due, in no small part, to the continuing drawdown in the temporary census workforce. Census employment fell by 77,000 for the month, leaving a payroll decline ex-census of just 18,000 jobs. But with nearly 15 million Americans still without jobs, employment drops simply will not do. It is commonly estimated that over 100,000 jobs a month must be added simply to keep up with the country’s labour force growth.
For its part, the private sector continued to add jobs, as it has in every month of 2010. Private payrolls have grown by 863,000 since the beginning of the year. That’s not rapid growth, but it is steady movement in the right direction. It’s on the public side of the ledger that matters have been particularly ugly in recent months. In 2010, state governments have shed 38,000 jobs. At the local level the picture is worse still; 231,000 jobs have been cut from local governments in just the last 10 months.
The dynamic is an inversion of the popular story of America’s struggling labour market, in which a expanding state creates uncertainty, thereby limiting private hiring. If anything, it appears that private employment is rising steadily despite the demand drag imposed by heavy government job losses, due to the forced austerity of balanced budget rules.
There is little to be positive about elsewhere in the report. The number of people working part-time for economic reasons jumped in September, and nearly 10 million Americans now fall into that category. Partially as a result, the statistic known as U-6, considered a more complete indicator of un- and under-employment, rose from 16.7% in August to 17.1% in September. The previously reported jobless figures for July and August were both revised down slightly. Aside from government employment, payrolls in good producing sectors had a rough month, and construction in particular was hard hit, shedding 21,000 jobs. Private services did better across the board, especially the leisure and hospitality sector, which added 38,000 employees. There is indeed a lot more leisure to go around in America these days.
…
Let’s hope the investment banking industry shrinks down to a non-TBTF size which no longer poses systemic risk to the entire global economy.
“I’m melting! I’m melting!”
Investment banking
The big squeeze
Why the industry’s best days may be behind it
Oct 7th 2010 | NEW YORK
EVEN by its own notoriously cyclical standards, investment banking has been on a stomach-churning ride in the past five years. After an apparently golden age, with quarter after quarter of record profits, came the bursting of the debt bubble, a deluge of red ink and bail-outs; then, last year, firms bounced back obscenely quickly thanks to record trading profits. Now they are being squeezed once more, and this time the slump may last.
American banking giants’ third-quarter results, starting with JPMorgan Chase on October 13th, will show that trading revenues fell by perhaps 20-30% from the previous quarter. With nervy investors sitting on their hands, client activity was “painfully slow across the board”, according to Jefferies, a middle-sized bank.
Things are not much better in origination businesses. Several trends that buoyed underwriting last year, such as banks’ rush to raise capital and the boom in bond issuance as companies refinanced at low rates, have fizzled. Merger-advisory business has picked up but not by enough to compensate. As one Wall Streeter puts it: “If we extrapolated our third-quarter returns, we’d shoot ourselves.” Overall, 2010 will be a year to forget (see chart).
The ugly results will make for difficult decisions on bonuses as the year draws to a close. Firms won’t want to lose their “talent”: witness Goldman Sachs’s unusual mid year payout of restricted shares for partners affected by Britain’s bonus tax. But they face growing pressure to cut costs, and 40-50% of their revenues still flow to employees. Chopping people often comes more easily to banks than cutting pay. Bank of America is sacking up to 5% of its capital-markets unit. Others will follow—in a reversal of a hiring spree earlier this year—unless markets improve markedly in the fourth quarter. Meredith Whitney, an analyst with a reputation for prescience, thinks up to 80,000 jobs could go on Wall Street in the next two years.
…
It isn’t that homeowners are hundreds of thousands of dollars underwater on their mortgages or lack of a cash to pay closing costs that are keeping them from refinancing, but rather those pesky Fannie fees.
NATION’S HOUSING
Fannie-Freddie add-on fees put damper on refis
The charges, which can add thousands of dollars in upfront costs or raise interest rates, are discouraging potential borrowers. Some mortgage lenders say they are excessive and unjustifiable.
With mortgage rates at unprecedented lows, why are more people not taking advantage of them to refinance or buy houses?
The answers are complex and include sagging consumer confidence in the economy and high unemployment rates. But some mortgage lenders point to what they see as overreactions within their own industry that are discouraging and disqualifying potential borrowers — sharply increased credit score requirements, higher down payments and add-on fees imposed by mortgage giants Fannie Mae and Freddie Mac, which control about two-thirds of the loan volume.
…
Say, for example, you want to buy or refinance a condominium. Under Fannie’s latest add-on matrix, a condo buyer who has less than a 25% down payment must pay a 0.75% add-on fee for starters. On a $300,000 condo loan, this comes to $2,250, to either be paid in cash or financed through a higher mortgage interest rate.
The same matrix imposes additional fees based on applicants’ credit scores. For instance, anyone with a FICO credit score of 679 or lower who is buying a house with 20% to 25% down — substantial money for most budgets — is assessed a 2.5% “loan-level price adjustment” fee.
Asked for comment on what justifies the continuing imposition of costly add-ons that date back to lower-quality underwriting conditions, officials of the two companies either did not comment or said the fees are needed to cover potential future losses. Freddie Mac spokesman Brad German said, “We feel we are pricing risk appropriately.” Fannie Mae had no comment.
Private mortgage insurance companies, which provide coverage against loss to Fannie and Freddie on loans with down payments of less than 20%, are especially critical of the continuing add-on fees. They say the extra charges on top of their own insurance premiums routinely discourage borrowers from taking out conventional loans and push them instead to the Federal Housing Administration, whose market share has exploded from under 3% to more than 30% in recent years.
Even with the FHA’s move to raise its monthly insurance premiums to borrowers effective Monday, private insurers say that in many cases Fannie’s and Freddie’s add-on fees still make them noncompetitive. Without the extra charges, they argue, consumers seeking low-down-payment conventional loans could be getting lower rates and fees, but there’s no sign they will.
Bottom line for borrowers: Absent a sudden change in policy, don’t look for the Fannie-Freddie fees to be cut or eliminated. Both corporations have bigger fish to fry. Beginning in early 2011, Congress is planning a major debate on their existence, their structures and how they relate to consumers who simply want to get the best-priced mortgage they can.
…
San Diego officer, wife arraigned in home-wrecking case
Couple charged with severely damaging their foreclosed Murrieta house before leaving
By Kristina Davis
Originally published October 6, 2010 at 2:56 p.m., updated October 7, 2010 at 3:16 p.m.
San Diego police officer Robert Acosta and his wife, Monique appeared in Riverside County Superior Court in Murrieta on charges of causing $200,000 damage to their house when it was in foreclosure. Both pleaded not guilty at their arraignment.
MURRIETA — A San Diego police officer and his wife pleaded not guilty Wednesday to felony charges that they caused $165,000 in damage to their foreclosed home and stole $44,000 in property from the Riverside County house.
During an arraignment in Riverside County Superior Court in Murrieta, a judge ordered Robert and Monique Acosta each to be held on $65,000 bail. They have been charged with one count each of damaging or destroying an encumbered property. Both posted bail and did not go to jail.
…
At least they didn’t literally turn the home into a pig sty.
“San Diego officer, wife arraigned in home-wrecking case
Couple charged with severely damaging their foreclosed Murrieta house before leaving”
Yes, guilty pleasure admission….I was watching “Inside Edition” yesterday and this story got top billing. My first thought was how the heck could this couple afford that house in the first place…..McMansion with custom stone work, professional kitchen, the works. Then they tore it to shreds when the bank took “their” home. Living large and then criminal behavior when they lost the trappings of a lifestyle they probably couldn’t afford to begin with.
Foreclosure Gate is all over the news. Is this the nail in the coffin?? Who on earth would buy a house when fraud, fraud, and more fraud is revealed everyday.
“As he faced the judge, Robert Acosta clutched a black Bible in one hand and his wife’s hand in the other.”
Total scumbag.
Just when it seemed that the used home sales market could not possibly get any closer to shutting down entirely, Foreclosuregate enters the picture!
Flawed Foreclosure Documents Thwart Home Sales
Chip Litherland for The New York Times
Richard Clark, left, with his agent, Kevin Corasio, is trying to buy a foreclosed home in Florida.
By ANDREW MARTIN and DAVID STREITFELD
Published: October 7, 2010
OCALA, Fla. — Amanda Ducksworth was supposed to move in to her new home this week, a three-bedroom steal here in central Florida with a horse farm across the road. Instead, she is camped out with her 7-year-old son at her boss’s house.
Like many buyers across the country, Ms. Ducksworth was about to complete the purchase of a foreclosed house when it suddenly went off the market. Fannie Mae, the giant mortgage holding company that buys loans from commercial lenders, is pulling back sales of homes that might have been foreclosed in bad faith.
“I gave up my rental thinking I would have a house,” said Ms. Ducksworth, a 28-year-old catering assistant. “Now I’m sharing a room with my son. What the hell is up with that?”
With home sales this past summer at the lowest level in more than a decade, real estate is ill-prepared to suffer another blow. But as a scandal unfolds over mortgage lenders’ shoddy preparation of foreclosure documents, the fallout is beginning to hammer the housing market, especially in states like Florida where distressed properties are abundant.
…
Well let me try another “thought experiment” on a solution to the MERS mess. It has to do with the legal concept of “escheat”.
When someone dies without leaving a will, the courts will use a “default will” via the law of intestate succession. These laws are pretty much what any fair layman would write for a default will. Your stuff goes to your surviving spouse. If no surviving spouse, to your kids. If no kids, then to surviving parents. Then on to brothers/sisters, first cousins, etc. This seems to accord with our concepts of fairness and closeness of blood relations.
But there is a cut-off after a certain level of remoteness. Someplace out near 3rd cousins twice removed the blood relation closeness (look it up in a table of consanguinity) is so tenuous that the laws of intestate succession call a halt, since those remote relatives may not have even known the decedent. At that point, the decedent’s property “escheats to the state”. The state takes the property for the benefit of the public as a whole.
In the case of not knowing who owns the note for a mortgage, IIUC there is a copy of the note floating around in the paperwork. The note clearly states the payments, the interest charged, etc. What’s at issue is who presently owns the note. If nobody in the chain of assignments can document ownership, why not have the note escheat to the state? Let the state collect the payments for the general good of the people. When the note is paid off, the state can file and record the full reconveyance.
This would be a case of of “too bad” for the speculators who passed the note around without proper recording of assignments. They would lose out. Tough stuff for them.
State legislatures could pass a statute allowing for notes to escheat to the state if purported owners could not show adequate evidence that they own the note. This hardly denies the purported owners their due process: they have the chance to prove ownership. It’s just that they are unable to prove ownership.
At that point, the decedent’s property “escheats to the state”. The state takes the property for the benefit of the public as a whole.
Another legal doctrine, along with eminent domain, that is long overdue to be abolished. Thanks for reminding me to include this in the next version of my proposed constitutional amendments.
This is ridiculous. There will always be someone who owns the mortgage. If there were no good transfers at all in the chain of ownership (possible, though unlikely), then the originator still owns it, or if the originator has gone bankrupt, the creditors of the originator.
The problems will come when no one in the chain of possible ownership wants it.
I’m not denying that some level of government might take over this stuff eventually, but it isn’t going to be based on a wholly irrelevant doctrine of law from intestate inheritance rights.
Well OK polly, do you have any creative suggestions for the MERS mess?
An FB could file a lawsuit for declaratory judgment asking the court to determine WHO owns the note from their mortgage. Say the FB just lost their job and wants to determine with whom to negotiate. This would satisfy the requirements for the right to bring a declaratory judgment case.
There appears to be legal precidence for the state claiming title to real property due to purported owners not being able to document their claim of ownership. See Johnson v. M’Intosh, 21 US (8 Wheat.) 543 (1823). IIRC this case established the right of the government to take the land from the Indians because….well, the Indians couldn’t produce documentation showing clear title. “We stole it fair and square”.
But there is some documentation somewhere. Someone bought the land and a mortgage was issued. If none of the subsequent transfers of the mortgage happened properly then the original issuer of the mortgage (or their creditors, if bankrupt) still own it. I have said a few times this week that my guess is the first transfer in the chain probably was good. I just don’t see Goldman or JP Morgan et al not making sure that they owned the d-mn things. Now, if there were a lot of intermediate owners between the originator and the investment bank that put together the actual securitization package, there could be other troubles. We’ll see as this plays out.
You seem to think that there is a problem if there are a bunch of bad transfers in the chain of ownership. There isn’t. It just means the real owner didn’t change when all the parties thought that it did. Now, I don’t know if a judge would say, hey the formalities weren’t followed, but everyone has been acting as if they were for the last 4 years so just finish the registration process and we’ll consider it backdated or not. I suspect not. They will just have to deal with the real ownership being wherever is lies and sue the heck out of each other for damages.
The real issue is when the people who have been acting as if they owned this stuff find out that they don’t and decide not to go through with fixing it.
Imagine a very simple transaction. Issuer gave mortgages to buyers A, B, C, D and E. Then Issuer sold the mortgages to Investment Bank. Investment Bank put the mortgages into Trust. Trust issued 2 tranches of bonds and hired Servicer to send the money to the bond holders as it came in. Now buyer B stopped paying and Servicer has finally gotten around to foreclosing. Oops. Turns out that Investment Bank never did a good transfer of the mortgages to Trust. They could fix that now since they were certainly paid for the transfer of the mortgage back when Trust was formed, but the organizing documents of Trust say that Trust can only accept loans that are current. B’s loan was current when the original transfer was supposed to happen, but it isn’t now.
What happens when you get to court? Trust is likely to say to Investment Bank (they have to have separate representation now since their interests are at odds with each other) you didn’t do the transfer back then and we aren’t allowed to accept the loan now, so just give us our money back and we’ll call it straight. Investment Bank says no way. There may not have been a legal transfer back then, but there was a constructive transfer and we’ll just clean up the paperwork right now (like we just did with the other 4 loans that are still current).
No idea what the judge decides, but it isn’t going to be to give the thing to the state. What reason is there to do that?
‘What reason is there to do that?’
Don’t let facts get in the way of a good headline. I can imagine what’s going on at TV newsrooms across the country:
Guy #1. ‘So, what are we gonna run at the top of the hour?’
Guy #2. ‘How about this mortgage paperwork thing?’
Guy #3. ‘ Sounds like a buncha boring legal stuff.’
Guy #1. ‘That’s why we got a spice it up a bit.’
Guy #2. ‘The DJ over at KWTF just called it Foreclosure Gate.’
Guy #1. ‘That’s great stuff! Let’s put it on the crawl, in big red letters!’
Guy #3. ‘But how do we gather material?’
Guy #1. ‘That’s the beauty of it; it costs us practically nothing. We can just sit at our desks and call up politicians, ‘experts’, who raise more questions than answers. People love that sort of thing.’
Guy #2. ‘I heard about a family in Florida that cried when they were interviewed about their foreclosure. Let’s give em a ring.’
Guy #1. ‘Yeah! Get a camera crew out there right away. Poor family loses house at the hands of an evil bank! ‘
Guy #3. ‘But what about the government giving these banks billions of dollars so they can hoard millions of houses? Doesn’t that affect many more families than a paperwork angle?’
Guy #1. ‘Hey, that’s gonna piss off our real estate advertisers.’
“They will just have to deal with the real ownership being wherever is lies and sue the heck out of each other for damages.”
Let’s hope Gollum has clear title so they will be able to afford to pay damages to clients who come after them in court without the need for another bailout.
“But what about the government giving these banks billions of dollars so they can hoard millions of houses?”
Wouldn’t that be illegal? Or does the Fed operate above any rule of law?
When was my wife’s note seperated from the servicer? Cuz bofa bought Countrywide, but we were informed that Bofa does not own the note currently, and is only the “servicer”. All the while it’s their subsidiary, Recontrust, that is doing the foreclosing.
If Bofa does not own the note, rather Fannie does, does my wife’s delinquent loan still fall under Bofa’s moratorium? After all, it’s not their note it’s Fannie’s! When did that happen(all this selling of note and seperating originator from servicer), before or after Bofa’s purchase of Countrywide, and does the layman have the right or need to understand the intricacies before going away to let the home rot?
Mike, I still say you have to contact a lawyer to get a real idea about this, but as long as Fannie allowed BofA to take over as servicer of the loan from Countrywide when Countrywide went out of business, then there isn’t any problem that I can see based on the limited facts you have provided.
“Let the state collect the payments for the general good of the people.”
Let’s hope California is paying attention and figures out how to implement your idea, as they certainly could use the money.
I sincerely hope every last Senator who supported this bill gets drummed out of office. Thank you, President Obama, for acting in the interest of the American people.
Washington Extra – Obama kills the bill
Oct 7, 2010 19:03 EDT
Last night Reuters correspondent Scot Paltrow revealed that a bill had sailed through the Senate last week — without public debate — which would have made it significantly harder for homeowners to challenge improper attempts to foreclose on their houses. The legislation, which was sitting on President Barack Obama’s desk for his signature, would have forced courts to recognize out-of-state notarizations, including those stamped en masse by computers in other states, a practice critics say has been used improperly to push through foreclosure orders. Computer notarizations, now valid in around a dozen states, would effectively have become legal nationally, and challenges to improper notarizations made in other states would have become harder and costlier.
Today, after the story became public, the White House announced that Obama was sending the legislation back to the House of Representatives for further discussion – a so-called “pocket veto.” Given the rising chorus of lawmakers calling for all foreclosures to be suspended, the legislation now looks dead.
…
Why would any such legislation be required?
The Constitution states in pertinent part “[f]ull Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.”
If a “computer notarization” is valid in the state where it originated, then the others states must accept it. Why is this even an issue here?
Private Money Lending.
private money / hard money, what is its role at this stage of the housing bubble collapse?
what is its role going forward?
what loan to value would you require to fund?
what percentage rate and number of points would you require?
would you look to the equity in the property only or rely on the borrowers credit history as well?
will private money drive the recovery in housing?
As though the housing industry was not already shut down, govt-sponsored life support measures excepted:
Senior White House official: ‘Not sure’ about a national foreclosure moratorium
White House senior adviser David Axelrod signaled Sunday that the Obama administration is opposed to a national moratorium on foreclosures, even as pressure from Congress, labor unions and consumer groups mounts for the federal government to take action.
Calling the growing evidence that lenders have used inaccurately prepared and even fraudulent documents to foreclose on homes a “serious problem,” Axelrod said it had already “thrown a lot of uncertainty into the housing market that is already fragile.”
“I’m not sure about a national moratorium, because there are, in fact, valid foreclosures that probably should go forward, and where the documentation and paperwork is proper,” Axelrod said Sunday on CBS’ “Face the Nation.”
Axelrod said the administration is “working closely” with mortgage companies so that they “expedite the process of going back and reconstructing these and throwing out those that don’t work.”
The foreclosure mess has become a hot-button political issue with mid-term elections coming up. A large number of influential Democrats — including House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid — have called on the federal government to take more aggressive action.
On Sunday, Republican Rep. Eric Cantor of Virginia became one of the first Republicans to speak out. Appearing on “Fox News Sunday,” he warned that freezing the foreclosure process would hurt an already struggling housing market.
“If you impose a moratorium on foreclosures, what you’re telling people and institutions that lend money is they do not have the protection to take the risk they need to, to extend credit so people can get a mortgage,” Cantor said. He added that “you’re going to shut down the housing industry, if that’s the case.”
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White House doubts need to halt all foreclosures
By ALAN FRAM (AP) – 4 hours ago
WASHINGTON — A top White House adviser questioned the need Sunday for a blanket stoppage of all home foreclosures, even as pressure grows on the Obama administration to do something about mounting evidence that banks have used inaccurate documents to evict homeowners.
“It is a serious problem,” said David Axelrod, who contended that the flawed paperwork is hurting the nation’s housing market as well as lending institutions. But he added, “I’m not sure about a national moratorium because there are in fact valid foreclosures that probably should go forward” because their documents are accurate.
Axelrod said the administration is pressing lenders to accelerate their reviews of foreclosures to determine which ones have flawed documentation.
“Our hope is this moves rapidly and that this gets unwound very, very quickly,” he said.
With the reeling economy already the top issue on voters’ minds, the doubts raised over foreclosures and evictions are becoming a political issue with the approach of Nov. 2 elections.
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Axelrod signals White House opposition to foreclosure moratorium
By Tom Cohen, CNN
October 10, 2010 3:10 p.m. EDT
Washington (CNN) — The Obama administration opposes a moratorium on home foreclosures, but wants problems involving improper paperwork resolved as quickly as possible, senior adviser David Axelrod said Sunday.
“I’m not sure about a national moratorium,” Axelrod said on the CBS program “Face the Nation.” He said valid foreclosures with proper paperwork should go forward, and that questionable foreclosures need to be addressed right away.
“Our hope is that this moves rapidly and that this gets unwound very, very quickly,” Axelrod said.
On Friday, Bank of America announced it was halting foreclosure sales in all 50 states as part of a widening investigation into flaws in the process. The announcement came a week after the nation’s largest bank said it was freezing home foreclosures in 23 states where foreclosures must be approved by the courts.
Ally Financial, previously known as GMAC, the finance arm of General Motors, has also paused foreclosures in the 23 states, and JPMorgan Chase announced last week that it will also halt proceedings for about 56,000 homeowners after learning that its employees may have approved foreclosures without personally reviewing loan files.
State attorneys general have stepped up pressure on banks after it was revealed that some bank employees had signed foreclosure affidavits without verifying that the documents were accurate, a process now known as “robo-signing.”
Ohio’s attorney general has filed a lawsuit against Ally Financial and its subsidiary GMAC Mortgage for allegedly submitting fraudulent documents in hundreds of foreclosure cases across the state.
…
Gross Says Employment Report Signals More Fed Easing: Tom Keene
By Liz Capo McCormick and Tom Keene - Oct 8, 2010 2:24 PM PT
Oct. 8 (Bloomberg) — Pacific Investment Management Co.’s Bill Gross said the U.S. may face a prolonged period of stagnation should anticipated asset purchases by the Federal Reserve fail to invigorate economic growth.
“You could have significant problems with a ‘lost decade’ for the United States,” Gross, manager of the world’s biggest mutual fund, said during a Bloomberg Television interview on “Street Smart with Carol Massar and Matt Miller.” “They’re trying to prevent a caving in of the U.S. economy.”
Employers cut staffing by 95,000 workers after a revised 57,000 decrease in August, Labor Department figures in Washington showed today. The median estimate of economists surveyed by Bloomberg News called for a 5,000 drop. The unemployment rate held at 9.6 percent.
The September employment report “is simply a signal, a strong, strong signal for Fed QE2,” Gross said. “We will respond by riding the wave and then trying to anticipate when to get off. There is a certain point in terms of yield levels where it no longer makes sense.”
…
If top bankers get to live large above a rule of law, why should American households have to play by any rules, other than avoidance of getting caught?
On the Money: ‘Strategic defaults’ raise fears of ethical collapse
Gail MarksJarvis Chicago Tribune / Mct Arizona Daily Star
Sunday, October 10, 2010 12:00 am
Americans have taken a sharp slap in the face from the housing crisis, financial crisis and jobs crisis. Now some wonder if the residue of those harsh realities is an ethical crisis.
For the first time in the nation’s history, bankers say, people are walking away from mortgages they can otherwise afford to pay. The phenomenon known as strategic default was once unthinkable. It represents a calculated decision to hand over the keys to a home without making good on a loan, reasoning that it makes no sense to keep paying the monthly mortgage when the home is worth thousands of dollars less than the obligation.
Jeff Horton, a 33-year-old Orlando, Fla., technology manager, is among those who recently decided to take the step. He told his lender that he’s done making payments on the condo he bought in 2005 and the home he bought in 2007, because he wants to move from Florida and can’t sell or rent the properties at a price nearly high enough to cover his payments.
“Life is too short,” said Horton, who has mortgages totaling about $400,000 with Bank of America - about twice as much as he thinks he would get if he could sell the property. He says he has little choice because the bank has refused to refinance the mortgages or adjust original terms.
Strategic default is a symptom of a housing market that suddenly turned from “American Dream” to financial trap. With the Norman Rockwell-like images of homeownership destroyed by a 30 percent plunge in prices, some fear America is also losing its grip on another idyllic notion: that people will live by the slogan “My word is my bond.”
…
some fear America is also losing its grip on another idyllic notion: that people will live by the slogan “My word is my bond.”
Once again, this whole situation has been precipitated by the notion of corporate limited liability. Once it became clear that corporations could welch on their obligations with impunity, individuals decided to follow suit.
The fundamental immorality at the core of corporation law has infected the entire society.
Very well said. It is an ethical version of Gresham’s law, with dishonest and systematically unfair dealing pushing honesty and fairness out of our society.
Film Review
A Glimpse Into the Heart of a Rotten System
By Richard Schickel
All right—I give up. I have now sat through Charles Ferguson’s “Inside Job”—the nonfiction version of Oliver Stone’s “Wall Street: Money Never Sleeps”—and I still don’t fully understand our endless financial crisis. Nor do I think the fault is entirely my own. I was upright, alert and taking notes like any Econ. 101 student, and yet I cannot tell you how a credit default swap works or why it is inherently bad for us.
This does not mean that “Inside Job” is a failure. There is, curiously enough, something hypnotic about middle-aged men in suits earnestly explaining how the economy went from bad to worse to terrible a couple of years ago. The film offers us a few admirable guys who issued unheeded warnings about the fragility of the system and a lot more of them who pretty much function as gawkers observing a multi-car crash. I suppose the documentary suffers somewhat from the refusal of the crisis’ big names—Geithner, Bernanke, et al.—to sit for Ferguson’s cameras, but that’s not fatal; unknowns can simultaneously obfuscate and illuminate the story as well as anyone else. Indeed, it seems to me that in some ways they explore the depth of American crookedness better than the Big Names might have done.
…
Inside Game is about the financial heart attack.
The heart attack was caused by palliative financial drugs used to disguise the fact that the USA has economic cancer.
Massive federal intervention stopped the heart attack. But we still have cancer. Inside Game believes the heart attack was the whole problem.
?, We just bought a foreclosure in May 2010. I’m worried about what we are reading about ForeclosureGate. Is there a chance the former owner’s can come back to us and fight the foreclosure?
We are in a non-judicial state. We did buy a title insurance policy as soon as we got the deed.
If you have title insurance, I wouldn’t worry about it.
You might want to check the bond rating of your title insurer. But if you financed your house it is a far bigger problem for your bank than it is for you.
Dantheman - if you see this you can e-mail me at sd.re.b at hotmail dot com and I will answer the question you asked on the 7th.
Global clash over economy
By Chris Giles and Alan Beattie in Washington
Published: October 10 2010 19:13 | Last updated: October 10 2010 19:13
Global economic co-operation was in disarray and further battles in the currency war looked likely after the weekend’s international meetings of finance ministers and central bankers broke up with no resolution.
The world’s largest economies remained as far apart as ever on currencies. China accused the US of destabilising emerging economies by allowing ultra-loose monetary policy to flood the emerging world with money, while the US insisted the International Monetary Fund should intensify its focus on exchange rates and the reserve accumulation of China.
The lack of any substantive agreements and brinkmanship on proposed reforms to the IMF is likely to exacerbate currency volatility in the month running up to the Seoul Group of 20 summit.
Mohamed El-Erian, chief executive of Pimco, the world’s largest bond investor, said: “A once promising global response has now been replaced by inadequately co-ordinated national economic policies and growing frictions among countries.”
The communiqué following the main IMF meeting spoke of countries working “co- operatively” but contained no evidence that leading economies could find agreement on any of the issues that divide them.
Dominique Strauss-Kahn, IMF managing director, called on countries not just to sign up to warm words but to take concrete steps. “The language is ineffective. The language is not going to change things. Policy has to be adapted.”
But there was little sign that China would let the renminbi appreciate faster, to the growing frustration of the US. “The IMF must strengthen its surveillance of exchange-rate policies and reserve accumulation practices,” said Tim Geithner, US Treasury secretary.
This pressure on China is now being met with stiffer resistance. Zhou Xiaochuan, China’s central bank governor, told the IMF meeting the focus on currencies was one-sided. “The continuation of extremely low interest rates and unconventional monetary policies by major reserve currency issuers have created stark challenges for emerging market countries in the conduct of monetary policy.”
…
Investors price in US inflation fears
By Michael Mackenzie in New York
Published: October 7 2010 22:00 | Last updated: October 7 2010 22:55
Investors are betting that an aggressive push by the Federal Reserve to revive the US economy could drive up inflation, with Treasury bond markets pricing in the effects of a return to emergency monetary easing next month.
Inflation expectations in the US have jumped sharply this week, with one measure rising to its highest level since late June. So-called breakeven inflation rates, which are the bond market’s expectations of future inflation levels, have leapt on the growing belief that the Fed will initiate a fresh round of quantitative easing – in effect, pumping money into the economy – at the November meeting of its interest rate-setting committee.
Breakeven rates reflect the difference between yields on cash Treasury bonds and those of Treasury inflation-protected securities, or Tips.
The 10-year breakeven rate rose as high as 1.98 per cent on Wednesday, its highest level since June 24. It is up from 1.8 per cent on Monday and well above its low for the year of 1.51 per cent in late August. By the close in New York on Thursday it had slipped back to 1.91 per cent.
The yield on the 30-year bond above that of the 10-year note has also hit a record at 1.31 per cent, up from 1.16 in September.
As stocks tumbled over the summer, many investors feared the US could suffer a prolonged bout of Japanese-style deflation. The Fed’s message that it is determined to avoid this has led to the recalibration of inflation expectations.
“The price action is telling you that QE is coming and that the Fed will deliver it,” said George Goncalves, head of interest rate strategy at Nomura Securities.
However, Richard Fisher, Dallas Fed president, sought to damp expectations, saying on Thursday: “The markets have drawn too quick a conclusion that this [easing] is a likely event,” Reuters reported.
“If the Fed is successful with QE, inflation breakevens should be higher,” he said.
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Does anyone besides me think the shock and awe model is inappropriate for monetary policy?
Explaining goals of QE2 occupies Fed
By Robin Harding in Washington
Published: October 7 2010 22:00 | Last updated: October 7 2010 22:00
How to communicate the goal of any new round of quantitative easing is turning into the hottest subject for debate among Federal Reserve officials as they contemplate whether to start buying assets again at their November meeting.
There is growing consensus within the Fed on the need to launch a new programme of quantitative easing – nicknamed QE2 – to boost a recovery that is too weak to bring down the 9.6 per cent unemployment rate.
Moderate members of the rate-setting Federal Open Market Committee, such as Charles Evans, Chicago Fed president, have spoken strongly in favour of action in recent days. That has led to a sharp rise in market expectations of inflation and rising global tensions over the likelihood of a weaker dollar.
The communication strategy will be particularly important if the Fed does not announce a big number for asset purchases up front – the “shock and awe” approach – but instead chooses to buy a smaller amount of Treasury bonds now with a promise to buy more as needed.
In that case the nature of the “as needed” would be the biggest signal to markets of the eventual size of QE2. It would, therefore, have the biggest effect on long-term interest rates.
The communication strategy is also important because by signalling how it intends to use QE2 the Fed can try to hold up inflation expectations and so lower real interest rates. The real cost of borrowing money is the interest rate minus expected inflation.
William Dudley, New York Fed president, described asset purchases and communications as “two potentially complementary avenues” in a recent speech. Fed officials are still at the stage of brainstorming ideas but they have several basic options and many variations around them.
In its September statement, the FOMC said inflation was below the level that it thought was consistent with its long-run mandate, so one option would be to tie continued asset purchases to getting inflation back to a “mandate” level.
But different FOMC members prefer different levels of inflation, while in recent months the committee has consistently forecast that inflation will stay low for years to come without taking action. That makes it hard for the Fed to signal what has now changed.
Some officials, therefore, argue that the Fed should set out an explicit numerical inflation objective – such as 2 per cent – and tie QE2 to achieving it or being on course to achieve it.
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US economy in pain after house price crash
By Robin Harding in Washington
Published: October 8 2010 20:24 | Last updated: October 8 2010 20:24
There is a fairly straight line between a weak US jobs report and the fears about currency manipulation occupying global finance ministers as they assemble in Washington this weekend for the annual meeting of the International Monetary Fund.
A slow recovery in the US increases the chance that the Federal Reserve will launch a new round of quantitative easing. That would lower long-term US interest rates and weaken the dollar – a boon for US exporters but not for countries whose economies rely on exports in the other direction. They may intervene to lower their own currencies in turn.
For all concerned, therefore, the questions are how weak is the US recovery and what does that say about how much quantitative easing the Fed might want to do?
“The jobs data are soft and going nowhere – there’s just no momentum,” said Paul Ashworth, senior US economist at Capital Economics in Toronto. More than a year into the recovery, the economy ought to be creating 300,000 to 400,000 jobs a month if it is to bring the 9.6 per cent unemployment rate down with reasonable speed.
The private sector is creating a modest number of jobs: it added 64,000 people to payrolls last month, and the figures for July and August were revised upward by a total of 36,000. There is little in such figures to suggest the US economy could dip back into recession.
Most economists think the problem is the legacy of a house price crash that left households with big loans backed by much less valuable property. As a result, they need to rebuild their savings. More jobs are essential to increase the incomes that consumers have to drive the economy onward.
…
* U.S. NEWS
* OCTOBER 11, 2010
Foreclosure Delay Poses Risk
Some Fear Moratorium Amid Document Imbroglio Could Slow Housing Recovery
By ROBBIE WHELAN
As politicians step up their interventions to slow down the pace of foreclosures amid concerns about widespread document fraud, economists say such delays could deal another blow to a still-weak housing market.
They fear a slowdown could inflate the inventory of unsold vacant homes—delaying the day they’re put on the market—especially in the 23 states in which foreclosures must be approved by a judge.
One comparison widely cited: In California, where judges don’t handle foreclosures, the housing market appears to have hit bottom a year ago and has been bouncing back. In Florida, where foreclosures go through the court system, prices keep falling, and foreclosure inventory continues to rise.
On Friday, Bank of America Corp. announced it would suspend foreclosure sales in all 50 states. That follows the bank’s earlier suspension of tens of thousands of foreclosures in the states that handle foreclosures through the court system, a move also taken by GMAC Home Mortgage, Inc., a unit of Ally Financial Inc., and J.P. Mortgage Chase & Co.’s home-loan unit.
Meanwhile, several state attorneys general, as well as members of Congress, are calling for an across-the-board foreclosure moratorium to sort out alleged irregularities in foreclosure documents submitted by the banks.
White House adviser David Axelrod on Sunday questioned the need for a moratorium, saying that valid foreclosures with accurate documents should go ahead. “Our hope is this moves rapidly and that this gets unwound very, very quickly,” he said on CBS’s “Face the Nation”
But Richard Cordray, Ohio’s attorney general, said Sunday that as many as 40 state attorneys general across the country intend to open an investigation of lenders and servicers to figure out the scope of the problems with foreclosure documents.
While it remains unclear how long the foreclosure process will be stalled, economists say any delay is bad for the housing market long-term. “Foreclosures are being delayed with good intentions, to protect consumers, but it’s really just delaying the inevitable,” says John Burns, a real estate consultant in Irvine,Calif. “They’re delaying the eventual housing recovery.”
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Extend and pretend — FOREVER!
Foreclosure freeze shakes battered home market
By Chris Isidore, senior writerOctober 8, 2010: 6:50 PM ET
NEW YORK (CNNMoney.com) — Get ready for a bumpy ride in the housing market.
The growing number of freezes on home foreclosures is likely to shake up the struggling U.S. housing market. Experts say home prices could rise in the short term, but the eventual glut of foreclosure sales could hurt the market in the long run.
The move by some major lenders such as Bank of America (BAC, Fortune 500), JPMorgan Chase (JPM, Fortune 500) and Ally Financial to put some of their foreclosures on hold could help temporarily lift prices, by removing the inventory of bargain-basement foreclosed properties from the market.
“Home prices are likely to be firmer than otherwise would be the case in the fourth quarter and into early next year,” said Mark Zandi, chief economist at Moody’s Analytics.
While that’s good news for the economy, the effects might be short lived. That’s because the foreclosure freezes are also likely to delay sales of the huge inventory of foreclosed properties, which would hinder a long-term recovery in prices.
“It’ll probably push out the distressed sales into 2011 and 2012,” said Zandi.
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“Extend and pretend — FOREVER!”
It certainly feels that way, and is a contributing factor to me being awake at 2:45 am despite the need to be at work in 4 hours.
I can feel your pain.
Posted on Friday, 10.08.10
Foreclosure freeze widens as fears grow
Bank of America halted foreclosure sales nationwide, and more drama is expected in a crisis that has rattled South Florida’s market.
The Business Show: Real Estate
By TOLUSE OLORUNNIPA AND INA PAIVA CORDLE
tolorunnipa@MiamiHerald.com
Thousands of foreclosure sales — which have become the engine of South Florida’s housing market — have been thrown into a tailspin by jarring testimonies of bank employees who signed legal documents by the thousands without properly reviewing them.
The result: Allegations of fraud and forgery are surfacing daily, and the ramifications of banks’ shoddy bookkeeping are beginning to manifest in what has become an uncharted foreclosure environment.
Banks have frozen foreclosure proceedings, title insurers are blacklisting bank-owned properties, judges are denying summary judgments and distressed homeowners are arming themselves with attorneys in attempts to delay or stave off foreclosure.
“This is going to change everything,” said Shari Olefson, Fort Lauderdale attorney and author of Foreclosure Nation: Mortgaging the American Dream.
On Friday, Bank of America announced it would be halting all foreclosure sales nationwide, the aftermath of revelations by so-called “robo-signers.”
Other lenders — JPMorgan Chase and GMAC — have also suspended their foreclosure operations, and some potentially tainted Fannie Mae foreclosure sales are being delayed as well. Together, these lenders own more than 3,000 properties for sale in South Florida — more than two-thirds of the inventory.
There is mounting speculation that more lender suspensions are yet to come.
While the nation’s other top residential mortgage lenders — Wells Fargo and Citibank — have maintained that their foreclosure processes are clean, recent depositions show more lenders may soon be facing the same allegations that have hampered other banks.
…
I know an even better way for banks to eliminate paperwork than using MERS services: Just loan any amount of money to anyone who can breath, no questions asked. If they stop repaying the loan, foreclose, and sell the home to somebody else. No paperwork = no servicing costs!
* OCTOBER 10, 2010, 8:49 P.M. ET
Little-Known Record Firm Faces Foreclosure Challenges
By Matthias Rieker
Of DOW JONES NEWSWIRES
NEW YORK (Dow Jones)–Challenges to the role of a little-known but influential mortgage-record service are emerging as the latest headache for banks in the battle over foreclosure proceedings.
Mortgage Electronic Registration Systems, or MERS, is owned by some of the nation’s biggest banks and mortgage companies, including Bank of America Corp. (BAC), Citigroup Inc. (C), HSBC Holdings plc (HBC), Fannie Mae (FNMA) and Freddie Mac (FMCC). It was created to streamline legal record keeping for mortgage sales and securitization.
Now, critics and homeowners facing foreclosure are increasingly challenging, among other things, MERS’ role and legal standing in home foreclosures where it acts as legal representative of the mortgage holder. MERS has fought and won legal challenges in the past to its role. But the nationwide epidemic of foreclosures in the wake of the housing collapse will present it with a wave of challenges unlike any it has seen previously.
“It is predictable that” MERS and the banking industry “is bound to lose some” of the cases against it, said Kip A. Weissman, who advises banks as a partner with law firm Luse Gorman Pomerenk & Schick PC in Washington, D.C.
Trouble for MERS could add risk to banks by slowing down the securitization process, and creating uncertainty during a time when banks are struggling to reassure shareholders and customers. One hedge fund investor said Friday questions around MERS are adding to his concerns about banks in the mortgage business and are keeping him from investing in the sector.
In recent weeks, Bank of America, J.P. Morgan Chase & Co. (JPM) and Ally Financial Inc. agreed to more closely examine documents used in states where a court’s approval is required to foreclose on a home. On Friday, Bank of America imposed a nationwide moratorium on foreclosures and the sale of foreclosed homes until it could resolve documentation problems.
R.K. Arnold, chief executive of MERS, told Dow Jones in an interview on Sunday, “There is no doubt there will be more litigation” against his organization. But MERS, he said, has already won thousands of cases challenging its legal standing (only losing some due to procedural slips.) Of the new suits, “We will win them all,” Arnold said. “What we won’t do is settle; that’s our firm’s policy.”
MERS saves banks money because it eliminates paperwork. When mortgages or mortgage servicing rights change hands, as happens frequently in the mortgage business, MERS stands in for the owners and servicers in county land records. About half of the nation’s mortgages are under such arrangement with MERS, Arnold said.
…
Foreclosure Freeze Could Have Mixed Results
As many of you have doubtless read over the past week or so, it seems that some loan servicers have been a bit lax in following those pesky “rules” when processing foreclosures.
In some states, California not among them, the foreclosure process requires that servicers sign an affidavit swearing that they have confirmed certain facts about the loan to be foreclosed upon. In their efforts to blaze through all the piled-up foreclosures, some servicers signed such forms in bulk without having actually confirmed the individual facts. This puts the legitimacy of some foreclosures into question.
Some servicers had already halted foreclosure proceedings in the states that require these forms. Today, industry giant Bank of America announced that it would freeze foreclosures in all fifty states pending a review of its processes. Politicians are pressuing others to follow suit.
At first glance this might appear to help the housing market by keeping homes with delinquent loans off the market, at least for a while. But the breakdown of the foreclosure-processing machinery creates some potential headwinds as well.
…
This Realtor with a two-year college degree proved far more prescient about the housing market than the former chair of Princeton’s economics department and the former CEO of Goldman Sachs. How embarrassing for Princeton and Goldman Sachs!
Posted on Sunday, 10.10.10
FARK it!
Real estate agent’s warnings of housing bubble unheeded
By GREG GORDON
McClatchy Newspapers
WASHINGTON — Former Treasury Secretary Henry Paulson, Federal Reserve Chairman Ben Bernanke and other top government officials have said they didn’t notice the dangers that Michael Blomquist saw in the runaway California housing market until five years after he did.
As home prices and loan amounts in California’s Silicon Valley, one of the nation’s hottest markets, began mushrooming in late 2003, Blomquist said, lying, scheming and recklessness were becoming everyday occurrences.
Blomquist, a San Jose real estate and mortgage broker, was sure that the inflated incomes on loan applications and the tricky loans would lead to a housing bubble with disastrous consequences.
Refusing to commit “felony mortgage fraud,” he closed his offices in January 2004, long before the housing meltdown, and began a sort of one-man crusade to expose what he calls “a criminal conspiracy to turn the housing market into a giant Ponzi scheme.”
Over the next four years, Blomquist futilely tried to dissuade clients and friends from putting their life savings into pricey homes. He wrote letters warning federal regulators and members of Congress that mortgage fraud was creating “a perfect storm” in the housing industry.
Acting as his own attorney, he even waged a federal court fight against some of the biggest subprime players, as well as Paulson and other top federal regulators, accusing them of conspiring to fraudulently inflate home prices and asking the court to bar the issuance of one widely used type of risky mortgage.
Responding to Blomquist’s letter on Sept. 1, 2005, Democratic Sen. Dianne Feinstein of California assured him that she was “monitoring the situation closely.” Suzanne Killian, an assistant director of the Federal Reserve’s consumer unit, advised him later that month that his concerns would be considered.
In the end, however, his warnings brought no serious action until the bubble began to burst.
Did Blomquist, with his inside view of the market, have a better understanding than did Bernanke and his predecessor at the Fed, Alan Greenspan, who failed to rein in subprime mortgage lenders? Could Blomquist, with a two-year college degree, have a better grasp of the danger than did Paulson, who oversaw Wall Street giant Goldman Sachs’ investment in subprime mortgage securities and was the treasury secretary when the market crested?
That’s hard to know.
What’s clear is that Blomquist set himself apart from tens of thousands of real estate agents nationwide who rode the mania and kept selling properties for spiraling prices until they crashed.
“When fraud becomes the competition, anybody who has any ethics is driven out of business,” he said. “As a fiduciary, I felt I couldn’t do my job. Your role is to be aware of market conditions. … You’re supposed to put clients’ interests ahead of your own.
…
It took many years of planning and lots of lobby graft to create the legislation that would be used to swindle the huge baby boomer generation of their wealth. The Neocons are like cancer–they’re everywhere. Like the judge said, the RE agent lacked standing and jurisdiction.
* OPINION
* OCTOBER 11, 2010
The Fed Compounds Its Mistakes
Talk of increasing inflation to reduce unemployment is dangerous and unnecessary.
By ALLAN H. MELTZER
The Federal Reserve seems determined to make mistakes. First it started rumors that it would resume Treasury bond purchases, with the amount as high as $1 trillion. It seems all but certain this will happen once the midterm election passes.
Then the press reported rumors about plans to raise the inflation target to 4% or higher, from 2%. This is a major change from the Fed’s quick rejection of a higher target when the International Monetary Fund suggested it a few months ago.
Anyone can make a mistake, but wise people don’t repeat the same one. Increasing inflation to reduce unemployment initiated the Great Inflation of the 1960s and 1970s. Milton Friedman pointed out in 1968 why any gain in employment would be temporary: It would last only so long as people underestimated the rate of inflation. Friedman’s analysis is now a standard teaching of economics. Surely Fed economists understand this.
Adding another trillion dollars to the bank reserves by buying bonds will not relax a constraint that is holding back spending. There is no shortage of liquidity in the economy—banks already hold more than $1 trillion of reserves in excess of their legal requirements, and business balance sheets show an unprecedented amount of cash and near-cash assets. True, increasing bank reserves means mortgage rates will decline, at least temporarily; they already have in anticipation of the bond purchases. But neither the Fed nor the public should expect much stimulus as a result.
The most important restriction on investment today is not tight monetary policy, but uncertainty about administration policy. Businesses cannot know what their taxes, health-care, energy and regulatory costs will be, so they cannot know what return to expect on any new investment. They wait, hoping for a better day and an end to antibusiness pronouncements from the White House. President Obama could do more for the economy by declaring a three-year moratorium on new taxes and new regulation.
Homebuilding is a major employment industry. Lowering mortgage rates helps a bit, but it is small beer when the supply of unsold houses remains large. The only lasting solution for housing is to let prices fall to a new equilibrium. Painful, yes, but necessary. Temporary palliatives such as lower interest rates delay that adjustment.
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Foreclosure alarms rang months ago
By Zachary A. Goldfarb
Washington Post Staff Writer
Sunday, October 10, 2010
Consumer advocates and lawyers warned federal officials in recent years that the U.S. foreclosure system was designed to seize people’s homes as fast as possible, often without regard to the rights of homeowners.
In recent days, amid reports that major lenders have used improper procedures and fraudulent paperwork to seize properties, some Obama administration officials have acknowledged they had been aware of flaws in how the mortgage industry pursues foreclosures.
But the officials said they could take only limited action to address the danger. In part, this was because they wanted lenders’ help carrying out federal programs to modify mortgages that had fallen into default or were poised to do so.
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I’m surprised and encouraged by the Obama administration’s decision to withhold support from Megabank, Inc’s collusive attempt to shut down the entire U.S. used home market through a national foreclosure moratorium. Now if only someone on high would invoke the Sherman Antitrust Act to break up monopoly mortgage lenders, we might get somewhere towards healing the housing market. Perhaps with persistent effort, we could return to an era where one could once again accurately say that “All Real Estate is Local.”
Obama administration does not support U.S. moratorium on foreclosures
By Ariana Eunjung Cha and Dina ElBoghdady
Monday, October 11, 2010
The Obama administration does not support a nationwide moratorium on foreclosures at this time, Federal Housing Administration Commissioner David Stevens said Sunday in an e-mail response to questions.
“We believe freezing foreclosures for all banks in all states, whether we have reason to believe them to be in error or not, is simply not the prudent step to take in this fragile housing market,” he said.
With approximately one in four homes sold in the second quarter in foreclosure, administration officials worry that a moratorium could have a significant impact on the economic recovery.
“While we understand the eagerness to make sure that no American is foreclosed upon in error, we must be careful not to over-reach and apply a remedy that will make the underlying problem of foreclosures worse,” he added.
Stevens’s comments echoed those made earlier in the day by White House senior adviser David Axelrod, who on CBS’s “Face the Nation” outlined the administration’s current thinking about the issue as pressure from Congress, labor unions and consumer groups mounts for the federal government to take action.
Calling the growing evidence that lenders have used inaccurately prepared and even fraudulent documents to foreclose on homes a “serious problem,” he said it had already “thrown a lot of uncertainty into the housing market that is already fragile.”
“I’m not sure about a national moratorium, because there are, in fact, valid foreclosures that probably should go forward, and where the documentation and paperwork is proper,” Axelrod said.
He said the administration is “working closely” with mortgage companies so that they “expedite the process of going back and reconstructing these and throwing out those that don’t work.”
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