Budgetary Hardball Almost Forces Court Closures: Courts’ Reliance On Foreclosure Fees Exposed

April 9th, 2011

Courts Reliance on Foreclosure Fees ExposedThe Florida Court system, including judges, nearly faced mandatory furloughs and unpaid vacations due to an emergency shortfall in its budget. Court employees faced up to 30 days of unpaid vacation through the end of May. The reason for the short fall was the precipitous drop in foreclosure filings, which generated the fees the courts relied upon for the majority of their budget. With the huge numbers of foreclosures in years past, the estimated revenue from the foreclosure fees meant that the Florida legislature allocated less money from the general state funds to the courts. This reliance on foreclosure filings fees resulted in the courts seeming a bit too amenable to the big banks and the rushing through of foreclosures that would have benefited from more scrutiny. Knowing that the courts were not examining the documents carefully, big banks were able to forge the required paperwork on a massive scale. The forging continued until the document mill scam was uncovered.

With the major banks virtually halting all of their foreclosures due to the document mill scandals, the fees have dried up and now we can see the impact of the courts falling asleep at the switch. The tremendous irony in the matter is that the failure of the courts to properly scrutinize fraudulent foreclosures, leading to the halting of new foreclosures and the drying up of the courts’ fees, would have lead to new foreclosures. Only this time, court employees would have been processing their own foreclosures. According to the Sun-Sentinel, most of the hardship of the court furloughs would’ve been felt by low income employees who are already struggling to make ends meet.
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Foreclosure Auctions are not eBay or Child’s Play. Novice Investors Beware!

April 8th, 2011

Beware the Florida Foreclosure AuctionInvestors looking for a great deal at Florida foreclosure auctions may want to think twice before clicking “Buy Now”. Records show amateur investors are falling victim to a simple mistake that’s costing them thousands. When novice real estate investors turn up at foreclosure auctions, what they don’t know is they are often bidding on second or third mortgages. These mortgages get trumped by first, or primary, mortgages when the first mortgages foreclose; leaving the investors with only the money left after the first mortgage has been paid off, which in this market usually means nothing.

The Sun-Sentinel interviewed investor, Gus Armenakis. Armenakis bought what he thought was the only mortgage on a home for $102,600. The County had appraised the home at $325,800. After the sale, Armenakis found out that Wells Fargo had a first mortgage on the home for $386,593. This means that as soon as Wells Fargo forecloses on the house, the bank will be able to recoup as much of the value of the house as they can, up to the value of their mortgage, effectively leaving Armenakis out of the entire $102,600 he spent.

This problem is getting worse now that counties offer foreclosure auctions online. Online access opens up the bidding process to more people, most of whom are inexperienced. While the counties do disclose the risks of the bidding process, marketing ploys have effectively played down the risks involved. One such tactic suggested that bidding on real estate is as easy as eBay.
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The Stunning Hypocrisy In Foreclosures: Scott Pelley Interviews Robo-Signers

April 6th, 2011

Scott Pelley on 60 MinutesIn an eye-opening piece by 60 Minutes this week, Scott Pelley managed to actually interview robo-signers who had forged documents that allowed banks to foreclose on thousands of homes illegally. As we have discussed over the past few years, these document mills re-created the necessary documents that banks were too lazy to keep track of in the heyday of the housing bubble.

Signing 4000 documents a day for $10/hour
Pelley interviews Chris Pindley, a former robo-signer who estimates that he signed over 4,000 documents a day. Pindley signed the documents using a coworker’s name because her name was short and easy to write. This coworker, Linda Green, was given the title of “vice president” of about 20 different banks… at the same time. This “vice president” of multiple banks and her coworkers were paid 10 dollars an hour for their work. Pindley even remarked that as they sat around a table signing papers, he told the others that one day they would be on 60 Minutes: how prophetic.

Homeowner must have all paperwork perfect, while banks cheat and forge
While requiring thousands of everyday folks to have all of their paperwork perfect and wait in line for days just for the chance to beg for some sort of a reprieve, these banks felt that they could forge the documents they needed to throw people out of their homes. These kinds of double standards are endemic in the industry and are an unconscionable assault on the public. Scott Pelley’s work here is an invaluable insight behind the colossal corporate wall into the shenanigans of the banks and the everyday people caught up in the mess.
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Another One Bites the Dust…A Salute to Neil Barofsky

April 5th, 2011

Neil BarofskyThe government official who recently left office over the housing crisis is someone who actually fought for the people instead of laying the groundwork for a cushy job awaiting him in the private sector. Neil Barofsky, the Special Inspector General for TARP resigned his post effective Wednesday, March 30. On his way out the door, he was still publicly arguing with the Treasury over the legacy of the $700 billion dollar Troubled Asset Relief Program (“TARP”).

Glenn Greenwald of Salon.com called Barofsky “easily one of the most impressive and courageous political officials in Washington” for his willingness to stand up to some of the most powerful people, institutions, and special interest lobbies in Washington and Wall Street.

On March 29, before his departure from office, he wrote a piece for the New York Times titled “Where the Bailout Went Wrong.” The piece, so vicious in its criticisms of the TARP program and politicians in Washington, prompted the Wall Street Journal to run excerpts from it along with their own commentary on the TARP fiasco.

Of the failed bailout Barofsky wrote:
“Two and a half years ago, Congress passed the legislation that bailed out the country’s banks. The government has declared its mission accomplished, calling the program remarkably effective ‘by any objective measure.’ On my last day as the special inspector general of the bailout program, I regret to say that I strongly disagree . . . Almost immediately [after passage], as permitted by the broad language of the act, Treasury’s plan for TARP shifted from the purchase of mortgages [that would have helped everyday homeowners] to the infusion of hundreds of billions of dollars into the nation’s largest financial institutions, a shift that came with the express promise that it would restore lending.”
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