Tag: MERS

DYLAN RATIGAN: FORECLOSURE FRAUD; $45 TRILLION DOLLARS (via Dylan Ratigan Show)

On By southwerkIn business ethics

A family seizes their home back from the banks.

It’s pitiful that Americans have to take justice into their own hands.

James Pilant

Foreclosure Fraud – Lawyers Cannot Support Fraud

On By southwerkIn business ethics

An attorney discusses widespread fraud and attorney participation.

This is devastating to the banks.

James Pilant

Guest Post | Stay Calm, Remain in Your Homes (via Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge)

On By southwerkIn business ethics

We have many crises going on all at once. Why?

A convergence point has been reached. The foreclosure crisis is one element in a series of development.s In the United States, the critical development has been the continuous conversion of the economy from manufacturing to finance. Everything else flows from that.We make and less actual products each year. Our primary source of income as a nation is financial innovation.

Manufacturing requires large capable work forces to function. Finance requires a handful of people.

A huge financial sector demands several policies. 1. Free trade, in particular, the free movement of money and credit across national borders. 2. Relentless inflation control, this involves suppressing wage pressure and allowing economic growth only in a controlled manner. 3. As little taxation or no taxation on anything related to their operations. The people of the United States bear the principal burden of taxation. The financial sector has incredible profits while other parts of the economy flounder. Yet the tax burden does not shift to follow the money. 4. A intertwining of the government and the financial sector. More and more the government appears to be an arm of investment banking. The government insures the great financial houses of protection from failure. The government provide inexpensive loans for these companies. The government works with frantic intensity to control inflation. 5. Diminished public spending and the rigorous control of all social programs from education to unemployment insurance. This is to justify continuous cuts in taxes and to shift the burdens of a civilization from organizations to individuals. 6. This is a characteristic no often mentioned, but I kept finding it in report after report. A frantic, bizarre mania for numbers indicating a perception of higher form of reality, the music of the spheres. 6. Natural resources, in particular, basic human needs like water are to be divided for use by the private sector. 7. All endeavors from the military to the public schools must be converted from the public to the private, regardless of the outcomes. 8. An almost religious determination to follow the markets wherever they lead, cheaper workforces, better purchasers. 8. A visceral contempt for Americans under a certain income level. The “lower” classes are considered to be lazy, self-indulgent, burdens upon the elite producers. This is indicated by the absence of influence by the middle class on any policy decisions and the continuous development pf the doctrine of personal responsibility demonstrated by such changes policies as bankruptcy “reform” to student loan collections.

The change is focus from producing things to manipulating money might seem to be the most significant change here, but it is not. There is one overriding change that anchors and justifies all the others. The most important change over the past fifty years has been the development of a philosophy justifying profit taking over all other values.

When one part of society did something to damage the social order there were countervailing ideas. We can see this in the Progressive movement, the New Deal, the Fair Deal and the Great Society. Other ideas of how things should work. We as a society called upon a variety of intertwining values to make decisions. But these are no longer considered valid. In the past, there could have been calls to patriotism. These are irrelevant in modern business philosophy. There could have been calls to God and religion. These are irrelevant in modern business philosophy. There could have been calls to the great philosophical systems of history. These are irrelevant in modern business philosophy. There could have been a call to righteousness or ethics. There could have been a call to the rule of law. These are all irrelevant.

For a single nation, only Kafka could explain the motives and values of the financial class. But for international business, the logic is clear.

Here is a posting about these changes beginning with the foreclosure crisis.

George Mantor writes this piece. He has his own web site at Keepin’ it real.

Stay Calm, Remain in Your Homes This is standard advice in times of emergency.  The principle is simple and logical. Authorities are dealing with limited resources in a critical environment wheGuest Post | Stay Calm, Remain in Your Homesre every second counts.  The fewer events and people they need to deal with, the more effective they can be. If you know me, you know that I am upbeat and positive by temperament and challenges don’t faze me.  I’m pretty level-headed, and I do my own thinki … Read More

via Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge

NJ | Sheriff’s Officers Accused Of Emptying Wrong Home In Botched Foreclosure (via Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge)

On By southwerkIn business ethics3 Comments

There are few assaults upon our dignity as crushing as the theft of all of our possessions. It is not so much the large items like refrigerators and televisions that are missed. Humans attach value to the strangest things. Instead of the microwave they lament the loss of their wedding pictures. When logic would dictate the loss of the computer should be the first cause of regret, they think of the old worn chair that has sat in the living room for years. Considering the great value placed upon personal privacy and possessions, would it not seem logical and prudent that those entrusted with the safety of the public should investigate and seek to punish the guilty. But the investigators would only need a mirror to discover the perpetrator of this crime, law enforcement itself.

It seems unfair that the bank never has to worry about these mistakes in judgment. It seems unfair that the bank, should use so many public resources to serve its interests.

The victim is asking $500,000 dollars in damages.

That seems fair, first, to recompense her for damages and second, to discourage the sheriff and his deputies from any more random home raids.

James Pilant

NJ | Sheriff’s Officers Accused Of Emptying Wrong Home In Botched Foreclosure Sheriff’s Officers Accused Of Emptying Wrong Home In Botched Foreclosure HILLSIDE – A 76-year-old Hillside woman has filed a claim for damages against Union County, alleging that officers of the county sheriff’s department illegally entered her home and removed the entire contents because they had the wrong address of a foreclosure. In the document, obtained by Tina Renna of The County Watchers, Ozzie Leak claims that Union County Sheriff Ralph F … Read More

via Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge

A Thirty Dollar Fee?

On By southwerkIn business ethics, Capitalism, Corporate Social Responsibility, ethics, Government Failure, Philosophy of Business, President Obama, White Collar Crime

Now you, common middle class citizen, you have to pay a thirty dollar fee at a court house in most states for them to record a change in ownership in property. They have to do paperwork and change that little county map that shows who owns what. Now suppose you change the ownership again. You transfer it your spouse, your child, or you’re paying the fee as part of a sales contract. You have to pay a second thirty dollar fee.

Annoying, right? Of course, but has to be done. You have to know who owns what, right?

What if you don’t want to pay the second time? Well, you are out of luck there too. The state is not going to let you out of the fee. Besides without paying the fee, the records won’t show who owns the property, so it’s a good idea to pay it, right?

Everybody has to pay the fees, right??

No, they don’t.

If you are a bank using the MERS system, you don’t have to pay a second fee. (MERS = Mortgage Electronic Registry System)

You see all the transactions are done by computer therefore there is no fee for any transaction after the first one. The banks often transferred these properties dozens of times, but every transfer after the first one was free. Isn’t that great?

Now, you probably would like to say something dumb like, “Isn’t that state law?” Then you might follow it up with, “Doesn’t that mean they don’t own the property?!”

You silly person, don’t you realize this a is a banking institution? They are not like you.

They just decided not to pay.

See, when you want to change a law, you have to lobby and talk to people and ask the legislature to consider a bill changing the law, then it has to go through both houses and then be signed by the governor.

But when you are a bank, you simply decide not to pay the fees. It makes everything simple.

Now, there are those in this country who are bizarre individuals. Those strange people want the banks to cough up the money. So, the banks, their feelings deeply injured, have run to their friends in the United States Congress who are planning a surprise party for you.

At the surprise party a thinly clad financial industry lobbyist will leap out of a cake and tell you that Congress has legalized all that stuff that the banks have been doing for, Oh, about five years now.

Now you might ask another question at this point and it is not “Why aren’t I getting any cake?” Your question is “Doesn’t those payments to the country, those thirty dollars each time, aren’t those part of my county’s taxes?”

Why, yes, they are.

But remember, Virginia, there is a Santa Claus and he just took your county’s money and gave it to the banks.

What a sad story!

And it’s all true!!

From the Associated Press –

It used to be that every time a bank sold a mortgage, the county land recording office received a fee. It wasn’t much — $30 or so — but then real estate boomed in the 1990s and banks pooled millions of mortgages into securities that investors bought and sold.

One mortgage transaction became a dozen or more, and the tab grew ever larger. So the banks came up with a way around the fees. And now they are fighting to avoid perhaps tens of billions of dollars in penalties that have added up over the years.

From further down in the article –

MERS is “an admitted fee-avoidance scheme,” says Robert Hager, the Nevada lawyer who, along with his partner Treva Hearne, is filing the suits against MERS and its bank owners, including the government-backed mortgage-finance companies Fannie Mae and Freddie Mac. Fannie and Freddie provide a low-cost flow of funding to the nation’s mortgage markets by buying mortgages from lenders, packaging them into securities and then selling them to investors.

The suits were filed in California, Nevada and Tennessee and 14 undisclosed states where the cases are still under court seal. Hager and Hearne chose the states because their laws allow what are called false claims suits, in which citizens can take legal action against companies that may have cheated the government.

The suits allege that by privatizing public records, MERS enabled banks to circumvent American property law and bypass the counties’ fee and paperwork requirements, costing billions of dollars in lost revenue over more than a decade. MERS says its process is legal, and that the fees are not required under its system.

If only we were all banks!

James Pilant

MERS And Ownership

On By southwerkIn business ethics, Capitalism, ethics, Government Failure, Philosophy of Business, President Obama, White Collar Crime5 Comments

MERS, Mortgage Electronic Registry System, is a system used by the banks to evade paying fees or having to do the traditional paperwork necessary to change the ownership of property.

To quote the Associated Press –

MERS’ owners are all the big mortgage companies, including Bank of America, Citigroup, Wells Fargo, JPMorgan Chase and GMAC. They are all facing a foreclosure-fraud investigation launched by all 50 state attorneys general, and all took government bailout money after the financial meltdown in 2008.

As I mentioned in my last posting, our lame duck Congress is thinking (if you could ever refer to their processing as having thought) of legalizing this system now, years after the major banks began using it with full knowledge of its legal problems. (Being a bank is very much like being in love in the movie, Love Story, you never have to say you are sorry.)

This is from the Washington Post. It explains why MERS is a problem.

I very much appreciate the Washington Post for developing this little picture and trust it was useful to you.

James Pilant

Congress Leaps In To Protect The Banking Industry?

On By southwerkIn business ethics1 Comment

The web site, Crooks and Liars, has picked up a rumor that the lame duck Congress is planning a huge gift for the mortgage industry. They will retroactively legalize the MERS system to prove ownership.

Bankers Feast

Here is Wikipedia’s definition of MERS –

Mortgage Electronic Registration Systems (MERS) is a privately held company that operates an electronic registry designed to track servicing rights and ownership of mortgage loans in the United States. MERS asserts to be the owner (or the owner’s nominee) of the security interest indicated by the mortgages transferred by lenders, investors and their loan servicers in the county land records. MERS maintains that its process eliminates the need to file assignments in the county land records which lowers costs for lenders and consumers by reducing county recording revenues from real estate transfers and provides a central source of information and tracking for mortgage loans. MERS’ role in facilitating mortgage trading was relatively uncontroversial in its early days a decade ago but continued fallout from the subprime mortgage crisis has put MERS at the center of several legal challenges disputing the company’s right to initiate foreclosures. Should these challenges succeed, the US banking industry could face a renewed need for capitalization.

The computer program simply transacts exchanges of property. The only problem is that does not the fulfill the requirements of the law in most states. In most states you must actually go through a process and have actual documents. So, some five years ago, MERS went into operation with scant, non-existent or simple illegality.The really neat part about MERS is that no matter how criminally stupid or unlikely or straight up illegal your change of ownership is, it looks just beautiful and all proper on the computer.

So, the Congress of the United States of America is going to retroactively validate a computer system that shifts property five years after the thing began moving property around like pixels in a video game.

Does fairness and obedience to the law figure in Congressional decision making?

I bet if millions of homeowners had their property taken away with scant legal proof Congress would leap into protect them. But that has already happened without Congress acting.

Okay, I bet if hundred of billions, trillions of dollars, were lost by banks playing the world markets using casino chips made of mortgage backed securities, that Congress would punish the malefactors. But no one has been punished unless the homeowners are considered.

I could write about five or six more “already happened’s” and you could probably think of a few more.

But basically it boils down the this. If the financial industry has legal problems, Congress tends to rush in with legislation retroactively fixing the problem.

If a member of the great middle class gets into legal trouble, Congress is unlikely to be unduly concerned.

A society that puts value on fairness and justice should find these matters disturbing.

From the article –

Now it appears that Congress may attempt to prevent any MERS meltdown from occurring. MERS is owned by all the biggest banks, and they certainly do not want it to be sunk by huge fines. Investors in mortgage-backed securities also do not want to see the value of their bonds sink because of doubts about the ownership of the underlying mortgages.So it looks like the stage may be set for Congress to pass a bill that would limit MERS exposure on the recording fee issue and perhaps retroactively legitimate mortgage transfers conducted through MERS private database.

If only, we were all treated as if were banks.

James Pilant