Posts Tagged ‘banks’

Fraud Probe Has Real Teeth, Banks Are Running Scared

Thursday, January 26th, 2012

Like the characters in "The Blair Witch Project", the banks are running scared!

Well what a wild week it has been.  When we came to work on Monday we feared President Obama would put the housing crisis to bed without ever holding the banks’ feet to the fire.

The settlement with the banks, which we have blogged about ad nauseam this week, seemed as sure as a chip-shot field goal.

But thanks to President Obama’s suddenly get-tough approach, as evidenced by his State of the Union speech, we’ve seen the banks’ kick go wide-right and now all bets are off.

Can There Be Real Change In Mortgage Industry?

Now we are not completely sold that things will play out exactly as homeowners would like, this is of course the federal government we’re talking about, but for the first time we have a true sense of optimism. The President may finally be seeing things our way, and we want to throw our full support behind him.

There is no doubt cages have been rattled in the mortgage industry, and nerves have been frayed. If Obama’s plan to re-write the foreclosure rules didn’t have some kind of teeth, then we doubt we’d be seeing the type of reverberation thorough the media and the top echelons of government that we’ve detected in the last few days.

Banks Are Fearful of Settlement Collapse


The settlement could be falling apart at the seems, at least JPMorgan Chase CEO Jamie Dimon thinks so.  He told CNBC this morning that Obama’s announcement to investigate the packaging and servicing of mortgage loans could stop the settlement cold.

“It has a pretty good chance of derailing it,” Dimon said in a televised interview from Switzerland, adding later, “I think it would be better for America if the settlement took place.”

Guess Dimon hasn’t been reading the South Florida Law Blog. You and I know it would be better for the BANKS if a settlement took place now, and we suspect Dimon knows that too.

From the moment the details of the settlement became public, there was push back from some of the Attorneys General, the legal community, and the media.

The New York Times mirrored our thoughts, in this Op-Ed piece published in Thursday’s paper they also wondered if this was finally the investigation that would end with criminal prosecution and dare we say, jail time.

New York AG Promises to Leave No Stone Unturned

The importance of the appointment of New York AG Eric Schneiderman, which we mentioned yesterday, can not be understated. His new unit, which will answer to the existing Financial Fraud Enforcement Task Force, will be composed of members of the Department of Justice, the SEC and the IRS. It will also be working with the existing hierarchies of those organizations.  So his reach will be far and wide, and we believe this investigation has the potential to do some real good.

Schneiderman, along with California AG Kamala Harris, have been some of the most outspoken critics of the settlement, and he is promising a thorough investigation of every aspect of the conduct that created the bubble and crash’.

To us, those words ring true. Obama is embracing real change with his appointment, and we can’t wait to see what happens next.

Rolling Stone and Oppenheim Law Ask: Why Isn’t Wall Street in Jail?

Friday, March 4th, 2011

Accountability?

In an era in which almost every bank on Wall Street was entangled in financial scandal, millions of Americans are left in an impoverished hole and billions of dollars in wealth has been destroyed, no one has been held accountable.

Considering these circumstances, Rolling Stone Magazine Writer Matt Taibbi begs the question, “Why isn’t Wall Street in Jail?”

Today’s article highlights a corrupt government culture in many of the agencies that were supposed to protect Americans from banks like AIG, Goldman Sachs, Lehman Brothers, JP Morgan Chase, Bank of America and Morgan Stanley. Particularly, there is a glaring problem at the SEC where a revolving door that sends government employees out into to private practice and then back to the government, blurring loyalties and breeding distortion.

And Wall Street’s punishment for their brazen schemes and artificial financial boom?  According to Taibbi: “carefully orchestrated settlements — whitewash jobs that involve the firms paying pathetically small fines without even being required to admit wrongdoing.”

Americans who sense two sets of laws in this country are completely correct.  One set has developed for the masses, and a second special set of rules exists for the wealthy and powerful.  This is not the America many of us remember growing up in.

Join Oppenheim Law next Wednesday, March 9 at 6 PM as Roy Oppenheim discusses how the aftermath of Wall Street’s greed is still affecting homeowners across the country and what you can do to pull yourself out of the hole the banks created.

Tomorrow, we will examine the perspective of arguably the poster child of Wall Street greed with Bernie Madoff’s jailhouse interview.

Top 2010 Foreclosure Headlines from South Florida Law Blog

Wednesday, December 29th, 2010

As we approach the close of one of the most historical years in Florida real estate, the South Florida Law Blog wants to thank all of you for supporting our efforts throughout the year. In case you missed some posts, we are highlighting some of the interesting twists and turns the past year has delivered from “what to tell your kids about foreclosure” to the breaking of the foreclosure fraud crisis. If you have any suggestions for topics you’d like us to cover in 2011, or ways we can improve the blog, please let us know.

Top 2010 Foreclosure Headlines from South Florida Law Blog

In the meantime, here are the top 2010 headlines from South Florida Law blog:

1.      What to Tell Our Kids About Foreclosure: From the Heart

2.      Roy Oppenheim on “Asset Protection” Discusses Deficiency Judgments and Homeowner Negotiating Power

3.      Even More Embarrassment for Banks: Foreclosure Fraud

4.      Roy Oppenheim on Strategic Foreclosure: Shay’s Rebellion 2.0

5.      Back To School: Learn the ABC’s and D for Deflation?

6.      How the Banks Aren’t Playing Fair: CBS News, Roy Oppenheim Talks with Investigative Reporter Stephen Stock

7.      Roy Oppenheim to the Wall Street Journal: “Your editorial will make future investors think twice about entire system”

8.      Cracked! Humpty Dumpty, Chase, and GMAC: The Bank Mortgage Foreclosure Fraud Crisis Continues to Fall by Roy Oppenheim

9.      The F Words: Fraud and Foreclosure – Watch Roy Oppenheim’s Workshop Replay on Bank Fraud and Mortgage Foreclosure

10.    Foreclosure Defense in a New York Times Minute with Roy Oppenheim

Rolling Stone Read: Reckless Rubber Stamping Foreclosures

Friday, November 12th, 2010

by Ellen Pilelsky – From the Heart

Oppenheim Law on the Matt Taibbi article in the Rolling Stone
There is something so deeply wrong and disturbing with the current foreclosure crisis.

Simply:  While most of us have some opinion as to the foreclosure mess, many don’t seem to care about the incredible amount of fraud that has occurred and continues to take place each day.

Some argue that people who fail to pay their mortgages, regardless of their reasons, are “deadbeats.”  But, what about the fact some of the largest and wealthiest banks are missing documents used to remove people from their homes?  And, in our “rocket docket” State of Florida, there are retired judges who are merely rubber stamping the foreclosure papers filed by the lenders’ firms without actually reviewing the merits of each case?

In Matt Taibbi’s rather eye opening and disturbing article Courts Helping Banks Screw Over Homeowners appearing in Rolling Stone Magazine November 10 issue, he recounts a day of going to a Jacksonville court and experiencing first hand the outrageous and flagrant rubber stamping of cases without judicial review.

Shouldn’t it matter that many of these cases result in people being forced to leave their homes when the very banks in question can’t even produce the documents needed to prove their case?  Isn’t it a bit odd that these wealthy banks are not being subject to the same level of scrutiny?

Or is this politics as usual?  After all, many of these banks sold the mortgages of people to “investors” –other banks or trusts.  And, many of those trusts do not have the documentation to prove they have the original documents.  Wall Street, in fact, was part of this process and made huge sums of money.

And, what about the fact that banks have broken into homes that are in foreclosure?  Where is the punishment called breaking and entering?

While each of us has a responsibility to pay our debts, there has to be some accountability by the banks for creating an environment where many people borrowed too much and where they themselves have not responsibly acted.    Ironically, our government spent billions to bail out the banks who, for the most part, have acted without impunity in this foreclosure nightmare.

Will the government bail out the homeowner?  Or will the massive fraud that is now being exposed, and yet used everyday in court, continue to be ignored?


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