MCOA rules that MERS lacks standing to foreclose by advertisement (via Great Lakes Law Blog)

I’ve been a consistent critic of MERS, Mortgage Electronic Registration Systems. I consider incredible that the mortgage industry could set up this monstrosity which was in violation of state laws across the nation without trying to get some legislation from somebody somewhere to at least give it some iota of legality. Instead they just adopted it with an ethical sense very similar to listing your five grey tabby cats as children on your income tax. As far as I’m concerned, MERS is a semi-sorta legal device used to evade paying state registration fees and avoiding the basic work of transferring title by paper and all this so that these mortgages could be used as chips in global speculation.

This is an excellent brief discussion of MERS and the court system in Michigan.

James Pilant

In my introduction to MERS post, I indicated that a lot of litigation revolved around whether the Michigan Electronic Registration System (MERS) has standing as a party.  On April 21, 2011, the Michigan Court of Appeals decided that it did not in Residential Funding Co v Saurman.  The court said that MERS is not a party with an interest in the mortgage and cannot foreclose by advertisement.  MERS, as mortgagee, only holds an interest in the prope … Read More

via Great Lakes Law Blog

Satellite Tour of America’s Foreclosures (via Short Sale and Foreclosure Blog)

The foreclosure crisis continues. This is a nice piece of writing highlighted by intelligent illustration. The author has my admiration.

Often, when we have been dealing with a crisis for a long time, we want it to end, to find closure. I promise you my delight in another days’ fukushima crisis is very small. I want that thing to be fixed and stop hurting people every single day. I want to write about other stuff but the nuclear industry has conspired to create a disaster that will run at least ten years. So, I continue writing about it.

I am more than a little afraid this one, the foreclosure crisis, may come to a sudden end. Let me tell you why. There is talk of a settlement of 20 billion dollars by the states attorney generals. Many of our more loathsome congressman are complaining that this is too punitive. It takes a very comfortable distance from the situation and the facts to find compassion for the financial industry. They have in many cases either directly committed crimes, assisted in illegal activity or parsed the law so closely as to send shivers up the spine of the most casual moralist.

Well, these financial industry zealots are likely to ride like some debauched cavalry to the assistance of these banks. They intend to cut the amount and it is quite likely they will gut any proposals to rein in the illegal practices of foreclosure industry. The reform they will aim at with great intensity will be the one ending the abuses of foreclosing without a proper title. Allowing the banks to foreclose with a paper trail will greatly cheapen their costs and make it extremely difficult to police the industry.

So, I want stretched out court battles to reveal to millions of Americans how cruel and unfair this process has been. I want charges filed for false affidavits, penalties assessed for failing to pay state and county fees, and I want justice for those who have suffered fraud during the housing bubble.

James Pilant

Satellite Tour of America's Foreclosures A Frightening Satellite Tour Of America’s Foreclosure Wastelands From Business Insider Gus Lubin | Jan. 30, 2011, 3:42 PM | 693,239 RealtyTrac is out with the total foreclosure numbers for 2010. On the whole things are getting worse. 72 percent of major metro areas saw an increase in foreclosure volume. Although some of the worst hit areas in Nevada, California and Florida improved from 2009, the foreclosure rate in these areas remains shockingly … Read More

via Short Sale and Foreclosure Blog

Confessions Of A Robosigner

He Spent So Many Hours Writing His Name That His Signature Morphed Into A Series Of Four Circles Overlapping One Another.

From CNN Money.com –

The paperwork he robo-signed most often were the notices to delinquent borrowers that the servicer was proceeding to foreclosure. By signing that document, he was affirming that the bank had reviewed the loan and it didn’t qualify for a modification. But, he said, the reality was he had no idea whether Bank of America had really tried to save the borrower’s home.

“We had no knowledge of whether the foreclosure could proceed or couldn’t, but regardless, we signed the documents to get these foreclosures out of the way,” he said, noting that he assumed another department had checked that the review was done.

In his final weeks on the job, a notary routinely left him stacks of 20-page files, each one with a tab indicating where he needed to sign or initial. He had no idea what those documents were.

He spent so many hours writing his name that his signature morphed into a series of four circles overlapping one another. He said that he and his co-workers joked that they got so used to the rapid-fire signatures that they started signing personal paperwork that way.

There was no examination of whether or not the homeowner qualified for a modification. That was not fair. The bank failed in its duty to its customers and stockholders. Stockholders? Yes, the banks would make more over time with modifications.

When we talk about a mortgage holder qualifying for a modification, we’re not talking about whether or not the holder is a good person or a bad one, the criteria are designed to tell the bank that they make more money renegotiating than not.

We are not talking about the bank doing a homeowner a favor. We are talking about a bank ignoring its own procedures and its own profits.

From further down in the article –

Now that he’s not in the thick of the foreclosure process, Doan said he has had time to reflect on what his actions meant. Each signature likely led to a borrower losing his or her home. While he got numb to that fact while he was on the job, he now feels guilty.

“I shudder to think how many foreclosure documents have my name on it,” he said.

It was needlessly cruel to deny borrowers the opportunity to renegotiate. It was a failure of ethical judgment and of the principles of basic fairness.

James Pilant