Andrew On Mortgage Foreclosure Lies

My friend, Andrew, once again displaying his usual knowledgeable approach adds to the discussion on my essay on the mortgage foreclosure crisis.

I live, and have a mortgage, in Georgia, which is a non-judicial foreclosure state. Here, the banks are required to register all mortgages in a computer system called MERS. I believe that stands for Mortgage Electronic Records Service or something along those lines. The bank has to input all information regarding all of its mortgages in Georgia into this system.

Whats scary is that if the MERS system sees a lapse in mortgage payments for an account, it can automatically initiate the foreclosure process. With Georgia being a non-judicial foreclosure state, its very hard to fight a foreclosure once it has begun.

Every now and then I hear about people here who make all of their payments on time, and the bank forgets to enter the payment information into MERS. MERS then initiates the foreclosure of the property, and the homeowners have to hire a lawyer to have the process stopped. Its scary to know that I can make all of my payments on time and do everything that I am suppose to, but if my account information happens to fall through the cracks due to a lack of diligence on the part of the bank, that I can be burned for it.

It is always good to have Andrew’s thoughts on a subject.

James Pilant

Mortgage Foreclosure Lies

Telling judges across dozens of states that documents are accurate and have been reviewed when you don’t know and haven’t done it, is just a pack of lies. Running thousands of foreclosures through the court system without enough staff to actually do the work isn’t just cost cutting it’s stealing from homeowners who do not owe the sums reported or are trying to prove fraud in the process. The banks essentially said, “Our documents show you are just wrong, suck it up.” All this when they had little or no assurance that the documents were correct.

In an article written by Arthur Delaney, he writes –

The paperwork scandal that has prompted several banks to halt evictions and review their foreclosure procedures is reminiscent of the predatory lending scheme that inflated the housing bubble.

“It’s the same process, falsifying documents to make them look acceptable to someone,” said Tom Domonoske, a lawyer and consumer advocate in Virginia. “They’re falsifying foreclosure documents so judges will look at them and say, ‘Here’s an affidavit. It’s signed.'”

Now, get a load of this – (further down in the article)

The bogus loans and bad foreclosure paperwork are both the result of Wall Street’s massive appetite for mortgages during the housing bubble, experts say, as banks repackaged mortgages as asset-backed securities and sold them to investors. As mortgages repeatedly changed hands, servicers in many instances lost track of who owned them. In states where foreclosures need a court’s approval, servicers now find themselves unable to prove they have a legal right to foreclose.

That’s right, they’ve been foreclosing on homes they weren’t sure they owned. (By the way, the sentence explaining that when they need a court’s approval, they don’t get to foreclose if they can’t prove ownership is nonsense. It is only when you contest ownership, usually with a lawyer, can you stop the process. There is no doubt in my mind that thousands of homes were foreclosed on, with no small profit to the bank, that the bank had no ownership rights to.)

What are we going to do? Banks have had a good reputation in the past with foreclosures. It was unpleasant for the bank and for the customer. They did their process and the home shifted possession. Because of this good reputation the law accepted the bank’s statement as to ownership and money amounts without demanding proof.

It would have cost a lot of money for banks to have to prove the facts in dozens of what were largely routine cases. So, the legal system streamlined the process. The bank’s paperwork was accepted as accurate as long as an attorney signed that he had personally reviewed the documents.

What have we learned? First, we can learn that the processes under which we gave financial institutions the benefit of the doubt have to be modified so that these institutions have to prove their case. Yes, it will make mortgages more expensive to forclose. Yes, it will make the process more complex and longer. But what choice do we have when the banks have deliberately and calculating lied for years in tens of thousands of cases? At what point do you stop giving them the benefit of the doubt?

Now.

They have proven that they cannot be trusted. Anyone who says otherwise is ignoring the hard, cold, unpleasant, unyielding facts.

James Pilant

The Impact of the Deepwater Horizon Oil Spill (via James’ MBA Executive Learning Blog)

This is an excellent thorough analysis of what happened and is happening. I’m delighted to have come across this kind of work. If you have any kind of interest in the gulf disaster or want to keep a link to where you can get ready information, I strongly recommend this article. It shows a lot of work and its cites demonstrates considerable effort.

James Pilant

The Impact of the Deepwater Horizon Oil Spill Introduction On the 20th April 2010 an explosion on the Deepwater Horizon drilling rig off the Gulf of Mexico caused the rig to sink. The tragedy that unfolded involved the death of 11 rig workers and an estimated release of 206 million gallons of crude oil into the Gulf of Mexico, (Webber 2010) and is the largest marine oil spill in history. (Robertson & Krauss 2010) This gigantic oil spill, until its capping on the 20th of September 2010, h … Read More

via James' MBA Executive Learning Blog

Deathbonds! Gambling On Death – Just The Elderly!

In a special report, Reuters tells a fascinating and horrifying story, a tale of intrigue, death and bizarre financial manipulation.

This story is about life settlement products. It’s a very comfortable sounding name for something far more sinister, the purchase of insurance policies statistically figured to pay off because of the death of the original owner.

From the article –

Life settlement products first appeared in the mid-1990s. Typically, the market is fed by elderly individuals with life expectancies of between 3 and 12 years. U.S. settlement companies buy these life insurance policies at a fraction of their face value, but above their cash surrender values, picking up the tab for insurance premiums and collecting on the death benefit — or policy maturity.

Industry proponents say that as long as the models used to predict the deaths of underlying policy holders are broadly correct, a suitably large portfolio should offer a healthy return, despite the industry’s often eyewatering commissions and fees — as much as 10 percent upfront — and the lack of generally agreed rules about how to value portfolios.

At what point, did we as a society arrive here? We are at a place where gambling on the time of death of the elderly is a legitimate way of making money. I’m not talking about life insurance. That’s a long term deal in which both parties benefit. I’m talking about buying out insurance policies for a fraction of their value and making a killing on the early deaths of the holders.

Well, let’s look at the rule of the business world’s favorite economist – “There is one and only one social responsibility of business–to use its resources and engage in activities designed to increase its profits so long as it stays within the rules of the game, which is to say, engages in open and free competition without deception or fraud”

I would note that what counts as the “rules of the game” seems to be rather flexible, and if you can figure out why any businessman would engage in free and open competition, you’re one up on me. As for deception and fraud, on everything from bank fees to credit cards, making sure that knowledge is limited and initial offers inviting, has created whole industries based on oversell by obscuring the facts.

I would argue that the only part of that statement, that businesses in the United States heard, was the unconditional purpose of making money as the only, single rationale for business. This rule is not a fact, it is the beginning of an economic religion.

That’s how you get gambling on old dead people. It’s making money. It’s within the rules. There is competition. The deception or fraud does not directly violate law.

It takes an economic religion, a new set of sacred beliefs, to overrule the pangs of conscience, to disregard the duty of religion, to escape the burden of civilization and to be deaf to the pleas of the patriot.

That’s why we are here, a national moral vacuum.

James Pilant

Americans Believe Recession (Depression) Is Not Over

From a CNN story

Seventy-four percent of Americans believe the economy is still in a recession, according to a new CNN/Opinion Research Corporation poll. Only 25 percent think the downturn is over.

One-third of Americans say the recession is serious, while another 29 percent characterize it as moderate.

Only the elite in the beltway believe the ridiculous idea that we have successfully come through the recession. I don’t understand how the numbers could add up to anything but a continuing crisis.

Unemployment – 9.6 percent – This doesn’t count those who have given up seeking work, so the real number is probably closer to 15.

Financial Markets – All Better? – NO – Federal Reserve Governor Kevin Warsh said on Tuesday that financial markets have not fully recovered after the financial crisis and that economic growth is currently weighted to government expansion.

Hiring – All better? – NO – U.S. chief executive officers’ view of the economy darkened in the third quarter, with top executives saying they were less willing to hire new workers as they fear sales growth will slow.

Consumer Confidence – Optimistic? – NO – When it comes to attitudes about the economy, Americans continue to see the glass as half empty, according to the latest reading on consumer morale. The Consumer Confidence Index fell to 48.5 in September — its lowest level in 7 months — and down from August’s negatively revised level of 53.2, the Conference Board, a New York-based research group that compiles the index, said Tuesday.

How long can I keep going? How long have you got?

The politicians and the commentators feel your pain from a safe distance. You’re just more economic data and an annoying one. If you would only believe, everything would be fine. Everybody is doing well. You just don’t see it because you can’t see the big picture obstructed as it is by your suffering. Don’t be pessimistic. Don’t you know that this is America and a good attitude can solve all your problems?

I get tired. You get up and you hear these criticisms of hard working Americans and the utter lack of comprehension of the beltway elites as to what the world is really like, and the next day it happens again. The cycle never ends. Americans are lazy, self-indulgent, and fat. They need to get tough, get smart and do what we, the real people, the people that count do. Learn from us, they say. These creatures who don’t live in a world of labor and pain, who live by manipulating money, shaping opinion, and other ill defined processes. They know how to fix your lives. Right, and I can build a nuclear weapon with a little barb wire and an old tire.

Well, tomorrow will be another day and the cycle will begin again.

James Pilant

International Price Fixing

You don’t make real money by competing. You make real money by not competing.

Price fixing is one of the tried and true methods of generating great profit. You form an alliance with all the others in your business and agree nobody gets a better price.

China Airlines has agreed to pay 40 million dollars in fines for the practice.

They were fixing international cargo rates for shipments to the United States from 2001 to 2006. I find it difficult to believe that their profits were anywhere near as small as 40 mil. Since it was a conspiracy, who else was involved? I want to see some prosecutions. I want to see some justice. Although the pro-business policies of the current administration would seem to mitigate any real penalties for these kinds of practices.

James Pilant

Are Businessmen Smarter Than Children? (via Pilant’s Business Ethics Blog)

One of my more popular efforts – a blast from the past, so to speak. I’m sure many haven’t seen it and I had a lot of comment on it (mainly on Facebook, where my blog also appears).

James Pilant

Are Businessmen Smarter Than Children? When I was in law school we were taught that when a business had to decide whether or not to break the law, if the penalty was a simple fine, you would just decide which was least expensive and pay that cost. So, if the fine were cheaper than your profits, break the law and pay the fine. I was always troubled by that, the assumption that a fine was just a part of doing business. My perception is that this is major current of thought in modern bus … Read More

via Pilant's Business Ethics Blog

What is Fair Trade? (Part 3) (via Get Aktiv)

The third part in a series. I recommend you read all three. This is a different way to handle the issue, one that is sustainable and provides an actual human touch to capitalism.

The World Fair Trade Organization defines “Fair Trade” as –

“a trading partnership, based on dialogue, transparency and respect, that seeks greater equity in international trade. It contributes to sustainable development by offering better trading conditions to, and securing the rights of marginalized producers and workers…”

James Pilant

[This is the final post in a 3 part series by guest contributor Natalie Armstrong, from Bachhara. Click here for Part 1 and Part 2] Fair trade organizations are not perfect, nor do they claim to be. There is still much work to be done and there always will be. It requires continual development and ongoing reassessment. The key however is that fair trade organizations show commitment to the preservation of these principles. Without a doubt, there … Read More

via Get Aktiv

CASE STUDY: Sankofa – Fairtrade and ethically sourced products (via Get Aktiv)

Is this the future? – Businesses not just devoted (or not devoted) to profit but to social change or just fairness? My good friend at Get Aktiv has a long, well written article going into considerable depth about a particular business. I would like you to read it. I am trying to work out in my mind how businesses are likely to change over the next twenty years. I think he is discussing a movement with great potential for changing the way we think about business and, in particular, corporations.

James Pilant

CASE STUDY: Sankofa - Fairtrade and ethically sourced products With ever-increasing awareness of global poverty and the appalling conditions many billions of people struggle through their entire lives, ethical and Fairtrade retailers seem to be burgeoning all over the place. We're usually happy to select a Fairtrade product over a non-Fairtrade alternative because we know it's going to guarantee fair r … Read More

via Get Aktiv

The Real Costs Of Business Crime

Business crime is sometimes known as white collar crime. This is a term developed by the criminal justice theorist, Edwin Sutherland. I strongly disagree with it. While I can see its theoretical strength in terms of analysis, I think it allows people to put business crime in a different box with different rules. Business crime, white collar crime, is crime. A businessman that takes a life is no different than a murderer on the street who kills for a wallet. A businessman who steals from the government is no different from a bank robber. A businessman who behaves unethically has no right to think of himself as any better than all other poor sinners who have failed the moral test.

Who are the victims of “white collar” crime? Who are the ones damaged by corporate crime? It is simple and accurate to say that those that have lost money such as investors. We could add institutional losers like pension funds, even endowment funds at universities and colleges have been victimized. But that would be too short a list. What if we added those whose careers had been blighted by having worked at a firm like Enron that simply ceased to exist? Their losses would include losing their job, having damage to their professional reputation by having worked at such a place and we could add the loss of pension funds and stock sharing arrangements.

What if we stop thinking about it in terms of direct losses? This isn’t a bank robbery which might net as much as $6,000 dollars. In the case of Enron we are discussing stock losses in the range of $50 billion dollars(This is just the stock losses not all those other pesky losses, just the stock losses). Let’s put this in perspective. The operating budget of Arkansas, a state of 2,855,290 citizens, is 21.3 billion dollars (2008). Enron’s stock losses alone could have paid for more than two years of all Arkansas state expenditures.

Now that we have an idea about the amount of money, let’s discuss the ramifications of that amount of money. Let us assume a particular citizen makes $30K a year. That citizen loses his job. His lack of income is a loss to the community, his state, and nation. He does not produce value and because he earns no money he cannot make purchases or invest. His unemployment damages the country although in a small way.

Let’s take a giant multinational corporation earning billions of dollars a year (at least on paper) and take it out of circulation. Does this affect the corporation’s community, state and nation? Yes. However, when you remove such a large economic unit you have somewhat wider effects. Not only is the corporation destroyed but it usually takes out a number of its suppliers and customers, thus destroying a number of other companies. Its workers join the ranks of the unemployed. Its bill will not be payed causing serious economic problems for scores of individuals and companies.

This is a much larger effect than the individual worker we discussed earlier. But there is more. Such a huge economic loss has long term effects as well. Investment in that part of the country is damaged. That means less money for business startups, business expansion, innovation or opportunity. Many workers become unemployed. This means they take jobs that would have been available to others and while unemployed cost the state resources that could have been used for many other things. For those that lose their pensions and investments, it can mean a total change in expectation and life style. For the country at large, it causes a growth of cynicism and a lack of trust. It damages the ties that bind society together.

And there is more. How will you feel the pain? You might say that you owned no shares, you did not work for the company, and they didn’t owe you any money as a supplier or anything else. Therefore, you did not suffer.

But you would be wrong.

You lose opportunity. The jobs that you could have gotten, the money that you could have made, the places you could have traveled to, the highways and grants and educational benefits you could have gotten, they are not there. And because you don’t know what opportunities disappeared when the corporation closed down, you are under the erroneous idea that you were not damaged.

You were.

The billions and trillions of dollars taken out of this country by corporate collapses like Enron and Worldcom, by the use of derivatives and sub-prime lending are real money. When that money, that value disappears, so do many of the possibilities of what you could have been, what you could have done, and what kind of future your community, your state and your country could have had.

That’s the reality of white collar crime. All the regular crime, you can figure out the effects, the dead people, the economic costs, the lost opportunities. You can count the bodies.  But corporate crime, white collar crime, it destroys the connecting fabric between individuals and simply eradicates possibilities making the world a smaller and more hostile place.