“Foreclosure Freeze”

Well, it has alliteration. I guess that’s better than a moratorium on foreclosures. It lacks rhythm.

Foreclosure Freeze is the phrase I’m hearing more and more in the news.

Words are the way we design our thoughts. Strangely enough, this simple change of title probably is a significant turning point in the debate.

It was probably easier to argue against a moratorium, all legal and unfriendly, than it it to argue against a freeze, all simple and temporary sounding.

I suspect whether you call it a moratorium or a freeze, it’s become an avalanche and it’s going to happen.

The White House is as usual about a mile behind public opinion. While every elected official who could walk, run or crawl has got themselves to a microphone to declare something must be done, the White House is trying to cut a deal with the villains. They look like fools. Forgive me, the look is not just a look. It is apparent that political wisdom is not a resident at the White House – apparently it’s not even allowed to visit.

Now, I want you to understand. I don’t attack the White House with any joy in my heart. I’m angry, very angry. I mean look at the situation. Nobody had any concern for the homeowner. The government provided the banks with 700 billion dollars and gave the homeowners a program so pathetic it has virtually no participants. The mortgage companies acted totally irresponsibly and illegally for at least two and probably the better part of three years. So, the President’s press secretary announce that a moratorium is unnecessary, we’re going to have the mortgage companies take a second look. Okay, what do they have to do, run kittens through a blender? sacrifice virgins to satan? What gets these guys in trouble? I promise you if I went to court and told the Judge I looked over the paperwork and I am ready to proceed and I’m not, hell is coming to breakfast. I would probably be found in contempt of court and my case thrown out. These guys didn’t lie about that just once but hundreds of thousands of times.

So, I wait for the President to punish the wrong doers and he negotiates with them. I’m sorry. I don’t get it.

James Pilant

Alain Sherter Calls It Like It Is!

If you read my blog much, you know that Alain Sherter is one of my favorite writers. Well, he’s hitting one out of the ballpark this time. This is from his article on BNET. It’s called “Foreclosures: Did Wall Street Banks Conspire to Rob Homeowners?” Read! –

Are the financial firms alleged to have fraudulently repossessed people people’s homes more like the gang that couldn’t shoot straight or the mob? That question underlies the spreading foreclosure scandal, and how it is answered could affect any ensuing legal or legislative remedies to resolve the crisis.

Ohio Attorney General Richard Cordray is unequivocal in his assessment. In suing GMAC Mortgage and corporate parent Ally Financial in order to to block it from proceeding with any foreclosures in the state, he characterized the company as preying on vulnerable homeowners “through fraudulent and unfair and deceptive practices.”

Now take a look at the previous article – “Foreclosures: Help for Homeowners Means Hurt for Banks.”

The foreclosure crisis is morphing into a full-blown political crisis — and it’s about time. In Washington, lawmakers are urging the Obama administration to investigate whether financial institutions have broken the law in dealing with borrowers at risk of losing their homes. At the local level, legal officials are pressing lenders to cease foreclosures. …

Several things are happening here. First, the foreclosure epidemic, until recently mostly a subplot in the national economic drama, is now front-page news. Revelations that some of the nation’s biggest financial firms, including JPMorgan Chase (JPM), Bank of America (BAC) and Ally Financial, have “robo-signed” people’s homes away have seen to that. With midterms elections only weeks away, Congress has no choice but to sit up and take notice, if only to cover their backs.

Second, more and more homeowners face eviction. One in seven people with a mortgage is past due or in foreclosure, according to the Center for Responsible Lending, a consumer advocacy group. That’s up from one in eight in 2009 and one in 11 the previous year.

You should follow the links and read the whole articles. Better yet, check every few days to keep up with crisis, you can’t do any better that Sherter’s reporting.

James Pilant

Andrew Weighs In On My Post, “Anectdotal Evidence Or Life In The Skycastle!”

My buddy Andrew adds his thought to my recent post, “Anectdotal Evidence Or Life In The Skycastle!”

While I agree that a more up to date central title system will help keep mistakes from happening, it is not the problem. The problem is with the banks and how they do business. Thats all there really is to it.

I also agree that we should help out as many people as we can with getting refinanced and keeping their homes. This should especially be done for the people who did fall victim to deceptive lending practices.

However, we must keep in mind that not EVERYBODY who defaults on their mortgage is a poor victim in this case. At the end of the day, these people signed the papers to a mortgage that they couldnt afford. Just because external influences say that its the right thing to do doesnt mean that it ACTUALLY is the right thing to do. When we excuse sheep-like behavior from citizens, then we end up with a population full of sheep. Would you want your son, or any family member for that matter, to make a major life choice based on what external sources say is best, or do you want him to figure out, on his own, what is best for him and go for it?

Dont get me wrong, I do sympathize with the people who honestly fell for deceptive lending practices and fraud. Those people had no way of knowing that they were about to be taken for a ride.

The problem is, like you said, the numbers arent out yet. There is no telling how many people were actually affected by the banks inability to do a simple task such as record keeping. It could be less than 1% or it could be 50%. Who knows at this point.

I believe the banks should have to own up to their mistakes. We can do this by mandating a moratorium on foreclosures until this mess can be sorted out. After everything is sorted out, if you deserve to have your house foreclosed on, then you lose your house. If not, then you get to keep it. Like I said before, this is not mutually exclusive from showing mercy towards those who did fall for these lending practices. Im all for helping them refinance into a more fair situation.

“Foreclosure Fiasco”

I borrowed my title from an article series on CBS Moneywatch. I can’t improve on it. It covers eloquently and briefly the situation.

Here’s the lead paragraphs from the article –

After three years of terrible news about the housing market, you’d think it couldn’t get much worse. But over the past week, a whole new can of awful has opened up. It turns out that the banks who lent money with reckless abandon during the real estate bubble were just as incompetent on the way down as they had been on the way up. Big lenders and mortgage servicers have been forced to acknowledge that, as they rushed to foreclose on hundreds of thousands of properties, they didn’t always check to make sure that they actually held the mortgages.

In one case, a Florida man who had paid cash for house was foreclosed upon for defaulting on a loan he never took out. In other cases, mortgage documents have been forged. So-called “robo-signers” have been churning out affidavits without checking to see if they are true. In response, foreclosures are all but frozen in 23 states, House Speaker Nancy Pelosi has called for a federal investigation, and attorneys general around the country are seeking to halt foreclosures. One major title insurer has announced it won’t insure homes foreclosed upon by J.P. Morgan Chase. That may sound like a technicality, but if the trend spreads, it could send the housing market into a tailspin.

CBS provides a slide show to give you a quick overview of the crisis. I recommend it.

Do not read the comments on the CBS web site! Trust me. Life is too short for that kind of reading.

The CBS report is a seven parter. If you are interested in how this came about and what is likely to happen, it is the best thing at the moment. I’m sure as time goes by, we’re going to get some better stuff because we’ll have more information, but CBS was first and it’s a good job.

James Pilant

White House Has Supernatural Powers!

“White House doubts need to stop all home foreclosures” reads the headline. David Axelrod spinning the story like a top explains… well, let’s just let him tell us – from Yahoo News

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.

“It’s a serious problem.” he says. I get that. So, since the story broke in the middle of last week you are dismissing a moratorium based on virtually no real information? Unless you, kind reader, think a giant national crisis, has run its course and everything is out on the table in the seven days since the story broke. If you don’t, you are with me in the disbelief column. Apparently the White House can see into the future and knows that no information will come out meriting action. I don’t know whether Axelrod has the “sight.” Perhaps, the White House has the super deluxe, limited edition, one of kind, ultimate ouija board. I hear it’s got a presidential seal on it.

But don’t worry, the White House has a plan. Let me run that line past you again – Axelrod said the administration is pressing lenders to accelerate their reviews of foreclosures to determine which ones have flawed documentation That’s right. They are going to go to the guys who lied to the court system roughly one million plus times and ask them to check their numbers. The people who have profited billions of dollars by cutting out those inconvenient legal requirements are gonna’ fix everything.

Fool me once, shame on you. Fool me twice, shame on me. – Maybe someone should send that in to our President?

“Hey, Mr. President, a massive wrong has been done to the American people. Send out the Attorney General! Mobilize the federal government, your regulators, your advisers, every friend you can muster! Let justice fall from Heaven like rain!”

“Oh? You can’t do that, Mr. President? Wouldn’t be prudent? Might upset the financial markets? That justice thing overrated anyway? Oh, I’m sorry I didn’t understand the burdens of your office. I’m sorry to bother you. Thanks for the engraved napkin.”

Yeah, everything going just fine.

James Pilant

Foreclosure Moratorium – Let’s Not Do Anything Rash?

Well, it’s begun. Editorialists, columnists, bloggers, all explaining why we must not have a moratorium. They further explain that most foreclosures were done correctly. Most of these homeowners had defaulted on their loans.

Now, poor stupid me, can’t help but wonder where you get your statistics on who should have been removed from the their home and was it justified. Those numbers aren’t public and since the mortgage companies didn’t look at these foreclosure records, they don’t know either. No one knows. But we are repeatedly assured the vast majority of home foreclosures were done properly.

I want to see some proof. I want some numbers. Taking the word of the mortgage companies on this issue doesn’t strike me as a particularly smart move.

We have been lied to, manipulated and played. I don’t like it.

Mortgage companies only had to assert to the courts that they had reviewed the necessary document. They did not have to proof knowledge in court because it was assumed that they knew the basic fast of the case. The lawyers for these firms affirmed that this was the case. They were lying. We don’t know if they owned the property. We don’t know if their numbers bear any passing resemblance to reality.

But the thing I’m curious about is that old Watergate question. Do you remember? Howard Baker asked it during the Watergate hearings. “What did the President know and when did he know it?”

Okay, I want to know. “What did the CEO’s and directors of the mortgage companies know and when did the know it?”

You can add. “Why didn’t they stop it.”

You see, the mortgage companies conduct is not legal. It is reckless behavior and unconscionable. You can get sued for this and put in jail for criminal acts associated with it. (Taking people’s homes when you don’t own them sounds remarkably like grand larceny, doesn’t it?)

Let’s get some justice!

James Pilant

Inside Job (Film)

I want you to look at the trailer. I will be discussing this film more at it reaches more people. What I have heard about it is impressive. I know its conclusions mirror my own.

James Pilant

What Happens Now?

The upcoming crisis in mortgage foreclosures has me thinking. I consider there to have been five crises for the capitalist system in the United States from 2007.

The first was the near collapse of the banking system in 2008. It demonstrated that the free market absolutism of a generation of cock sure Chicago economists made no more sense than an epigram found randomly in a fortune cookie. What was revealed was not a system of skillful investors protecting the interests of their clients but casino capitalism, a system where yearly bonuses drove behavior, annihilated Ethics, and discouraged any sort of patriotism and responsibility. The exposure of a system that tens of millions depended upon for their retirements, educations, and investments as an essentially gambling operation was not conducive to faith in capitalism.

The second was the bailout. The bailout was a disaster. While the government should and did act to prevent the financial industry from collapsing, the bailout was extremely favorable to the financial industry It was not just a case of stopping the decline, it was also a case in which the firms became immensely profitable with public money. I repeat, we had to do something as a nation because if the financial industry had perished we would all have gone down with that ship. But the government attached no conditions. They bought these companies bad investments at full market value rather than negotiating a fair price. There was no limit placed on executive salaries or bonuses. Add to this, the hard fact that the government officials in charge of these matters were loaded top to bottom with former employees of the financial industry, and it gives an impression of unfair influence. The companies clearly had regular repeated contacts with the Department of the Treasury and the White House, giving the impression that all other Americans with a stake in these issues had no representation. There is little evidence that this impression of powerlessness on the part of working America is any way incorrect.

The third was the health care bill. An idea considered literally for generations became not universal health care but forced purchases of insurance policies. To make it worse, the most important provisions were decided behind closed doors. A bill was created whose major elements were negotiated by the White House with the insurance and pharmaceutical companies. What people saw was a corrupt system in action placing them into subservience to private interests. That there is no election bounce for the Democrats this Fall is not surprising in any way. It is only surprising only to the White House. The clear view of corporate interests acting through their political proxies made most American sick at heart.

The fourth was the oil spill in the gulf of Mexico. This was a disaster unseen in world history up to that time. Yet, the government did not act to protect the public, it acted to prevent proper investigation and reporting of the crisis. The President of the United States was seen as unwilling to act. This undermined public confidence in the President, and as more of the ugly facts about the government – industry cooperation in these matters comes to light, it will not look any better. Politicians rushed forward to defend what should have not been defensible. It was obvious early on that the companies involved in the drilling had flouted regulations and acted with little regard to risk management, trusting to luck since they had gotten away with it in the past. One politician had the nerve to describe a crisis clearly created by poor management and violation of the law as an “accident.” The public did not feel defended. There was a sense of betrayal for many Americans.

I thought there would be a public outcry on these matters. The only clearly visible one is Fox News’ Tea Party movement, a spontaneous outpouring of populist rage heavily funded by industry, and directed at the government while exempting business for any responsibility for our current crises.

Why is there no electoral action to exploit the wild and reckless corporate behavior of the last two years? The answer is simple and disturbing. There are two political parties in this country and neither is willing to take action in regard to these matters. There is no one to vote for. The leadership that should arise from the disaster, angry and ready for battle, is not viable in today’s media markets.

The government is more heavily influenced by well paid lobbyists than it is by Americans.

I have been watching this for a while and I listen to what people are saying. At the moment, blame rests heavily on the government, and a great deal of blames belongs quite properly to the government. But not all of it. We can change the government down to the last brick of the capital building and nothing will change. Only if the private organizations that have acted illegally and recklessly are brought under control will there be effective change. I do not mean their destruction. What I want to see is their removal from the political process. Only human beings have rights. Organizations do not. A corporation is no more a person than my toaster. (However, there are many people who may have better and more effective solutions. Please let me hear them.)

But there is some change happening. The American public is in many ways like a landslide. You see a few pebbles fall down a slope. Nothing to worry about. But over time there are more pebbles and then stones.

I love my country. I am not leaving to escape to a different place in the light of the social turmoil we are likely to see. I believe in this people and their ability to solve problems and accomplish great things. They are being called upon right now. The call is quiet and can be barely heard. But it is there. And in time it will grow louder and more distinct.

Our government is failing us. The great corporations are rogue having no sense of patriotism, no burden of belonging; they hear no call of righteousness. They evade the law, act against their nation’s interest, and pursue a philosophy recognizing no moral burden.

We can not long survive this.

Change is coming. The beginnings of that change will be ugly. It will be difficult. Many will suffer. But there is a strong chance that this nation will rise to the challenge and become a better place.

James Pilant

Banks Foreclosures In August The Highest Monthly Total EVER!

From an article by William Alden –

August saw more Americans lose their homes to foreclosure than any other month on record, RealtyTrac reported today. Banks repossessed a total of 95,364 properties in August, a 25 percent increase from the same period in 2009 and a 2 percent increase over this May’s previous record. Foreclosure filings of all types, including default notices, scheduled auctions and bank repossessions (the three major stages of the foreclosure process), increased to 338,836 in the month, a 4 percent jump from July.

Can there be any better evidence of robo – signing (the practice of mortgage companies simply have attorneys sign off on mortgages as if they had examined the paperwork for accuracy and legality [like whether or not the bank actually owned the property]) than these enormous numbers of foreclosures?

Foreclosing on people’s homes without doing the most minimal required legal work is “highly unethical.” (I don’t really want to use that phrase, but children might be reading my blog.)

Robo signing is profitable. You can see from the numbers just how streamlined the process can be if you avoid following the law.

But isn’t that the current philosophy in the “real” world? Isn’t the money the only thing that matters? And who are these homeowners anyway, just a bunch of dead beats. Why should they have any rights? They signed the note, didn’t they?

Yeah, do you know what note they signed? The actual amount of what they owed? Whether or not the home was actually the property of the foreclosing bank? Whether or not they were even in default?

I guess I’m just a strange person. I think you shouldn’t take people’s home casually. I think it is a very serious matter. Perhaps I don’t live in the real world. Maybe I’m one of those utopian thinkers who have expectations all out of accord with reality.

Or maybe, just maybe, justice is still important in this nation.

James Pilant

Ohio Attorney General Sues GMAC Mortgage Division – Texas Attorney General Halts Foreclosures!

It has begun, there will be lawsuits filed across the country to punish the foreclosure industry for their violations of state laws. Can they stop these crimes? What is the Attorney General in our state going to do?

The Ohio Attorney General is filing suit and the Massachusetts Attorney General is considering doing the same.

From Huffington Post

Attorney General Richard Cordray said Wednesday the alleged fraud could involve hundreds of foreclosures in the state. The lawsuit claims the company’s employees signed and filed false affidavits to mislead courts. Cordray called the alleged fraud the “tip of an iceberg of industrywide abuse of the foreclosure process.

The Texas Attorney General’s Office is halting foreclosures across the state – From CBS7 – West Texas –

The Texas Attorney General has called for a halt on all home foreclosures, this includes all sales of property that were previously foreclosed upon and all evictions of people living in previously foreclosed properties.

State Attorney General, Greg Abbott, has sent a letter to thirty loan service companies freezing foreclosures in the state as they begin an investigation into foreclosure practices in the state.

“Evicting someone out of their home is very serious, and it needs to be done in the proper manner,” said Western National Bank Financial Advisor Mickey Cargile.

Will there be any justice?

Stay with my blog, I’m not letting this subject go until we get to the end of it.

James Pilant