Goldman Sachs Hit With More Sanctions (via Axsmith Law Blog)

No firm deserves sanctions more!

James Pilant

Goldman Sachs is being sanctioned by the Federal Reserve related to illegal mortgage practices, specifically robo-signing. Robo-signing is when a person signs affidavits used in a foreclosure case using someone else's name. Often these employees of banks or law firms will sign hundreds of documents in a single day – with someone else's name. … Read More

via Axsmith Law Blog

Screw Sam! Reconstruct the Mortgages with their Rightful Owners (via Deadly Clear)

There is a lot of anger in this article. But I too share disgust with this government’s willingness to help out every kind of financial institution while ignoring the needs of the Middle Class. These people no longer have a defender in the government just a facilitator of the predation

James Pilant

Screw Sam! Reconstruct the Mortgages with their Rightful Owners U.S.Seeks Ideas on Renting Out Foreclosed Property By EDWARD WYATT Published: August 10, 2011 WASHINGTON— Uncle Sam wants you — to rent a house from Uncle Sam. The Obama administration said on Wednesday that it was soliciting ideas on how to turn the federal government’s inventory of foreclosed houses into rental properties that could be managed by private enterprises or sold in bulk. The goal, the administration said, is to stabilize neighborhoo … Read More

via Deadly Clear

A Victory for Home Owners in Massachusetts!

The New Bottom Line reports that
This is important. The banks are creatures of the law. They are only private business in a sense. Their accounts are protected by law and they have been given fast and favorable legal methods for foreclosure because in previous decades they had acted the role of responsible capitalism. Now that the banks have demonstrated they are unworthy of foreclosure favoritism, it is time to tighten the legal procedures and make them earn their money by legitimate means.
You may be tempted to argue that they have every right to foreclose on someone who has stopped payments on a home. That would be true if that is the only way they have been working it. But all over this nation, they have been using a somewhat different procedure. A home-buyer calls up and says he has trouble with paying this month’s mortgage. The bank kindly says, “Don’t pay it. Don’t make any payments for three months. That will qualify you for the HAMP program, and we can renegotiate the loan.”
The trusting home owner doesn’t pay for three months then resumes payments. He is stacked with penalty fees for late payments. Concerned, the home owner calls the bank. But the bank never seems to find the time to call him back. Eventually a letter is received saying that he has been denied admission to the government program and all payments including penalties are due now to avoid foreclosure. Then when the unfortunate client is unable to come up with the thousands of dollars in fees, they foreclose. I suspect the bank hands out a bonus and maybe a bottle of champagne per kill.
When the banks act in this manner, the legal procedures designed to protect their profits no longer make sense in a civilized society.
James Pilant

Citizen-Led Movement in California Proposes to Outlaw Foreclosures (via Ketron Property Management, Inc.)

If you think this is a little crazy, you’re right. But in the light of how home owners have been treated over the last few years, it is totally understandable.

You can do a lot to people when they’ve been trained to take it. Currently they believe that the system is fair and that the terrible things that have happened to hundreds of thousands of Americans will be remedied once the right people figure out what’s going on.

Many of the right people knew from the beginning what was going on in the housing market and when the massive number of foreclosures began, those same right people closed their eyes.

A lot of Americans are waking up each day a little more sure that no one cares about them, their property or their rights. When justice is denied, people are going to start looking at other remedies.

This may look crazy now but if simple justice is denied large parts of the population, it’s going to get a lot crazier than this.

And it should.

James Pilant

Citizen-Led Movement in California Proposes to Outlaw Foreclosures Posted by Carole VanSickle on Wednesday, August 3rd 2011 In Sacramento, California, one citizen is taking on the lenders directly, using his “Foreclosure Modification Act” to demand that lenders provide principal and interest rate reductions in order to keep borrowers in their homes[1]. And according to the author of the proposal, David A. Benson, the best way to make this happen … Read More

via Ketron Property Management, Inc.

Dogs Becoming Latest Casualty Of S. Fla. Foreclosures (via CBS Miami)

Isn’t this pitiful. We live in a country where the recession has gotten so severe that families are unable to keep their pets.

James Pilant

HOMESTEAD (CBS4) – Near the border of where rural meets desolate you'll see them: Packs of dogs roaming Homestead and Florida City. The animals are clearly on their own.  They look starved, thirsty, and many appear injured.  And Everglades National Park ranger Mirta Maltez sees them all the time.  She calls out to the dogs around an abandoned house as she gives us a tour on her own time. "We took out five yesterday and we have five to go." Maltez … Read More

via CBS Miami

In the Tradition of Shays’ Rebellion, America is Poised to Tear Down Our Monetary System (via Job Voucher Plan)

This is a really interesting take on history comparing Shay’s rebellion with current unrest. It is an intellectually stimulating argument. I rarely see historical arguments on the web. In my field you mainly get economic, philosophical or political arguments. This is refreshing change.

I don’t agree with everything here. But full agreement is never necessary to enjoy a good post. I hope you enjoy it as much as I did.

James Pilant

In the Tradition of Shays' Rebellion, America is Poised to Tear Down Our Monetary System America is now poised to repeat a test of our Republic that played out at the end of the Revolutionary War in the state of Massachusetts, that of Shays’ Rebellion. In 1776, 90 percent of the patriots who fought in the war left their farms to do so. To feed the war effort, others sought loans from bankers and wealthy merchants to increase the size of their farms. Returning from the war in 1783, former soldiers found their farms in disarray. Return … Read More

via Job Voucher Plan

Bulldoze: The New Way To Foreclose (via Time Magazine)

Let me try and understand this. The banking industry seized these homes, these precious homes, often the most valuable single thing that a family had, and having seized the home and cast away the occupants like so much chaff, they bulldoze it?

The banks do the deals because once the properties are donated they no longer have to pay taxes or for upkeep. Tax experts say the banks may also be able to get a write off for the donation. That appears to be a better deal than trying to repair some of these homes, which according to a BofA spokesperson are more economical to demolish than fix up. The local governments like these deals because they get free land to develop or use for open space. Cleveland-based Cuyahoga County Land Reuntilization Corp., which inked the deal with BofA, has been one of the most aggressive local government organizations in striking these deals. Housing economists like these deals because they remove homes from the market that would otherwise sell for a low price or not at all, dragging down home prices in general. An oversupply of homes on the market has been once of the big problems plaguing real estate. At the end of June, it would take nine and a half months for the current number of homes on the market to sell. The housing market is considered healthy when supply equals six months of sales. So taking some of these homes off the market for good could remove some of the inventory drag.

Thank God, Time Magazine is on the story. They’ll give these banks a talking to. They’ll call down the righteous ire of the oppressed down upon these home destroyers.  But wait … !!! –

The question is whether the banks will ever put up enough housing for demolition to make a difference. The Obama administration says it is working on its own plan to revamp its loan modification program in order to help keep more people in foreclosure in their homes, reducing the number of foreclosed properties on the market. Some areas of the country are looking at how to speed up foreclosures in an effort to return some normality to the market. It’s not clear that any of this will work. Certainly, the idea that we are at the point where banks would be better off knocking down houses that reselling them shows there is still something very wrong with the housing market. But what is clear is that banks and others are at the point where they are ready to try something new to boost the housing market. And that is a good sign for the future.

Time Magazine says we’re not bulldozing enough homes. That’s right. We live in a nation where the weekly press has discovered that if only the banks had the guts to bulldoze a lot more homes, things would be better.

This is the wisdom of the beltway, a never never land generally located near Washington but often and more simply a state of mind. In the beltway, the concerns of people for jobs, homes and economic security are the cries of the weak and whiny. Really important people are concerned about “who is winning” in Washington. Really important people constantly read articles about where it’s most profitable to live, where the taxes are lowest and where to invest their money. Really important people sit up and take notice of every move on the stock market and if a man has made a fortune his lack of gentlemanly qualities, overt greed, and often actual crimes means he is quoted as an authority.

Go read the magazine if you can stomach it. They simply don’t live in a middle class world. And they don’t care.

James Pilant

Heritage Foundation’s Report Lacks Real Information (via Colloquial Usage)

I was appalled when I read the Heritage report. Apparently if your children have video games and you can afford a fridge, you really can’t be in that much economic distress? How weird are these guys? I appreciate this take down of their case that appliance ownership negates economic insecurity.

James Pilant

Heritage Foundation's Report Lacks Real Information What is Poverty? a new report by The Heritage Foundation, has been getting a lot of press this week, first from Fox News and then from The Colbert Report. In fact, a link to the report was the first item that came up this morning when I searched for the term “poor in America” on Google. According to the abstract, the report's aim is to address the following problem: Exaggeration and misinformation about poverty obscure the nature, extent, and cau … Read More

via Colloquial Usage

Coakley Steps up Probe into Foreclosure Fraud (via Marshfield Real Estate)

The mortgage foreclosure crisis continues to grow. We are not talking about just the number of foreclosures. We are discussing active serious wrong doing on the part of banks and foreclosure companies. The use of the MERS electronic system to determine property ownership outside the States’ legal rules is a particularly egregious situation. A number of financial institutions on their own decided to dispense with hundreds of years of property law and create a system that passed title electronically. They did this without legislative or court approval and then proceeded to use it on millions of properties. We should not allow banking institutions to create law on the spur of the moment for their own benefit.

There is plenty of evidence that properties were foreclosed on that banks did not own. I call for justice. I call for a return of these properties to their rightful owners.

James Pilant

Massachusetts Attorney General Martha Coakley is beefing up her investigation into foreclosure fraud, targeting a powerful lender-created company in Virginia that claims to be the official owner of tens of millions of mortgages nationwide. Yesterday, Coakley said she will ask county registers to provide information to see if Mortgage Electronic Registration Systems Inc., known as MERS, is violating Massachusetts laws related to property seizures. … Read More

via Marshfield Real Estate

Cloud on title forever post foreclosure {but wait the Banks own the title companies} (via Timothymccandless’s Weblog)

This is a (fairly outraged and rightfully so) discussion of MERS, the electronic system used by the foreclosure industry to prove ownership of homes. Depending on the state, it proves a little or a lot. It appears as time has gone by that the faults of the system have become more and more obvious.

Of course, many who lost their homes to companies using this system never really got a day in court since this weakness in the ownership status has only recently become well known. This was not fair and that it produces strong feelings of rage and hopelessness is not surprising.

I hope the thoughts here can help some people get justice.

James Pilant

Recently Discovered Flaw in Recording System Clouds Titles on Previously Foreclosed Properties   The modern system of mortgage refinancing and assignments created during the housing boom has left behind a wave of title defects on properties that have ever had a foreclosure in their history, due to a loophole in the property records recording system. This has been detected on a number of properties currently in foreclosure, and found to have … Read More

via Timothymccandless's Weblog