Posts Tagged ‘banks’

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.
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I Couldn’t Have Said It Better Myself…

Monday, September 14th, 2009

Watch this insightful video on how we got to where we are just from one year ago….

Wall Street, One Year Later

The Times’s Andrew Ross Sorkin, Gretchen Morgenson and Joe Nocera recount the events of the weekend that Lehman Brothers failed and discuss the lessons learned from the financial crisis…

Rewarding the Rascals: Banks and Mortgage Modifications

Monday, July 27th, 2009

Everyone knows that hindsight is a wonderful thing. Now our friends at the Federal Reserve Bank of Boston have issued a voluminous study of mortgage modifications during 2008. Until October 2008, the financial crisis had not reached full bloom. However, the study is extremely insightful into the rational behavior of banks and why mortgage modifications, up until now, have been something of a failure.

First and foremost, the study validates the fact that principal balance reductions in mortgage modification were truly an urban legend.

How mortgage modification shops were set up to influence individuals into thinking that they could get massive reductions in principal is beyond me…

However, at least for 2008, the verdict is now in. Only about 1.3 percent of all mortgage modifications included any principal reduction at all. Frequently, mortgage modifications have included increases in the outstanding principal balance. In fact, in the third and fourth quarters of 2008, principal balance increases occurred on 70.9 percent and 61.5 percent of all loans respectively.

What did occur, however, is there were indeed meaningful reductions in the monthly outlay that individuals had on their particular mortgages because of increasing the term of the loans as well as substantially reducing the monthly interest due on the loan. Thus, the average loan that was modified in the third and fourth quarter of 2008 saw a 21 percent reduction in monthly payments. In a few cases, however, approximately 6 percent of modifications during that same period actually saw an increase.
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How Condo Associations Can Collect Dues from REOs: Turning the Tables on the Banks

Tuesday, June 23rd, 2009

As I was in court the other day, I couldn’t help but laugh as condo associations are now turning the tables on the banks. You see the banks are not exactly the best kind of homeowner. They don’t like to clean their pools, maintain their property… or pay their HOA dues. The judge even commented on the irony and the trend as expressed in a related article in the WSJ last week.

In fact, the Associations have had enough and are now foreclosing out the bank’s interest by suing the banks for back assessments as well as for new assessments that the banks have incurred since the bank became the owner of the property. Interestingly, the banks thought they were so eager to own the property and now have all the “joys” of ownership.

It reminds me of the proverbial proverb to “always watch out for what you wish for.” Here the banks wanted the property… well now they got it.

If you are on the board of a condo or homeowner’s association and would like our firm to evaluate the possibility of suing the real estate owned by the banks (REO) for failure to pay their association obligations please feel free to contact us.

Today’s NYT Foreclosure Policy Editorial; My Thoughts Exactly

Friday, March 6th, 2009

Déj

Obama to the Rescue!

Wednesday, January 28th, 2009

It appears that President Obama’s idea that federal bankruptcy judges will be given the authority to modify mortgages is picking up steam. Actually, judges already have such authority to modify mortgages balances, including modifying the principal balance… but only in commercial bankruptcies. Thus, while it may take a few more months, it is now a likely scenario that if you are in bad financial shape, and your house is worth less than the mortgage that Banks will know that they will be forced to modify your loan. Simply put, they know you could file for bankruptcy or in the alternative they will begin to negotiate true modifications where the banks will be forced to take into account the true value of the home. If the home value is less than the mortgage, the Banks will have no choice but to negotiate based on the realities of the market place. So stay tuned. It will only get more interesting!


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