Posts Tagged ‘finance’

Independent Foreclosure Review: R.I.P.

Thursday, January 10th, 2013

Roy Oppenheim’s commentary was originally published on Yahoo Homes! and is being redistributed on South Florida Law Blog with their permission.

RIP GravestoneThe Independent Foreclosure Reviewis dead. Long live the Independent Foreclosure Review.

When word came out about this so-called “independent” process last year, few bought into it. I certainly never did, and most homeowners knew from the beginning that it lacked any pretense of integrity.

It essentially came out of last year’s $25 billion mortgage settlement, as a way to placate those victimized during the robosigning era. But the banks, if they weren’t in charge, still had their hand in how the program was plotted from the very beginning.

It was never independent, that was the biggest oxymoron if there ever was one. Banks hired the reviewers, who were basically unemployed ex-mortgage brokers; paid the reviewers; in some cases actually provided answers to them.

This program was a contaminated cesspool from the very start. It was unsalvageable, and it was never going to do anything for any true victims of foreclosure.

The whole thing was a hoax.

So as this latest $8.5 billion settlement with 10 of the largest banks and servicers goes public, perhaps the best news is this sham of a review process is going the way of Old Yeller.

The irony of course is that the banks, and not the homeowners, were the ones who pulled the trigger. They realized it was better to throw in the towel now than face their own mistakes.

The mistakes they once told us didn’t exist but in fact were so rampant that these reviews were taking too long and costing too much.
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Deconstructing The Black Magic of Securitized Trusts

Wednesday, December 19th, 2012

Below is an abbreviated version of an article written by Roy Oppenheim and Jacquelyn Trask, which was first published this week by Thomson Reuters. The longer version of “Deconstructing The Black Magic of Securitized Trusts” was published earlier this year by the Stetson Law Review.

Black Magic MoneyFrom 2003 to 2007, Florida saw the largest real estate boom in its history. Real estate sold at astonishing prices as people were sold a bill of goods known as the “American Dream.” But for many, that American Dream turned out to be the American Nightmare. From sub-prime mortgage lending and predatory practices by mortgage brokers, lenders and improper securitization of mortgages, this era of economic boom led to the largest crash in the history of the real estate market1, a crash from which Florida has yet to recover, and to which we have not yet seen the end. The full extent of the damage inflicted by these practices has not yet been felt, but millions of homeowners nationwide have suffered from financial crisis, foreclosure and bankruptcy. And what is worse yet is that the systemic fraud and illegal conduct of the banks has continued to pervasively infect court systems throughout the nation; further, the Florida court system has suffered from extreme abuse at the hands of the banks that have high jacked it and effectively turned it into a private collection agency for the banking industry.2

Mortgage securitization is perhaps one of the least understood areas of the real estate industry, and for good reason. With phrases such as mortgage bundling, securitized trusts, and tax-exempt structures known as Real Estate Mortgage Investment Conduits (“REMICS”), there are many terms employed to describe massive collections of bundled mortgages which were broken up and sold off in pieces. While this method of bundling mortgages was once looked at as perhaps the best thing to ever happen to the mortgage industry, allowing large scale investors such as pensions and retirement funds to own interests in mortgages in a way that was deemed “safe,”3 the securitization process has become a nightmare for the American homeowner fighting foreclosure. In fact, the securitization process has made it impossible in many, if not all cases where a mortgage is held in a securitized trust, to determine who actually owns a mortgage and note, a fact which until recently has done little to slow down the foreclosure rocket-docket.4
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Wall Street Has Ruled….Because of the Wall Street Rule

Wednesday, October 3rd, 2012

An edited version of this post originally appeared on Yahoo! Homes and is being republished on South Florida Law Blog with their permission.

Wall StreetI am often asked how Wall Street has managed to be so reckless, with little to no regard for its customers and its investors, yet avoid any real consequence for its actions.

The easy answer, if there is one, is that no one has really tried to change the very culture of the banking industry. Corrections have been at the micro level, yes, but these granular solutions have merely chipped away at the problems with mortgage securitization.

No one until this point has been bold or audacious enough to stand up to the banks. Maybe it’s because of fear of blowback from the bankers and their powerful allies, maybe it’s that the regulators and legislators actually don’t know how take them on.

Wall Street has always managed to have a defense that it always seems to fall back on whenever its motives are questioned.

Banks have used it so often there is actually a name for it. It’s called the Wall Street Rule.

Two Brooklyn Law School professors recently, and succinctly, brought attention to the Wall Street Rule and how it applies to the mortgage securitization engine. Bradley Borden and David Reiss correctly argue mortgage backed securities were flawed from the start.

By convincing Congress to ease certain tax restrictions back in 1986, these securities called REMICS were created and became a loophole to allow the banks to avoid paying income tax on millions upon millions of mortgages, which I alluded to back in August.
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Machiavelli, Alive and Well, In Illinois?

Friday, September 14th, 2012

 

Niccolò Machiavelli

A statue Niccolò Machiavelli sitting outside of the Uffizi, in Florence, Italy. Macchiavelli was a philospher, humanist and writer.

Since I started the South Florida Law Blog following the 2008 economic meltdown, I have made no secret of the fact that I am extremely critical of what can best be characterized as “America’s new crony capitalism.”

Crony capitalism occurs where certain industries have gained undue influence in the political process and thus have curried favor unjustly from the government. This undue influence distorts the market in favor of those that can afford favorable treatment (in other words, not you or me), and also creates a system where these industries are permitted to grow unfettered and unregulated, leading to practices such as the “Wall Street Rule or “Too Big To Fail.”

Typically the type of influence that these corporations are able to obtain falls within the executive and legislative branches of the government. Whether we like it or not our system does allow for a certain amount of lobbying as well as campaign contributions in order to obtain such influence.

But not surprisingly, the ease with how these companies are able to obtain such influence has created a highly uneven playing field between the average tax payer and that of large multi-billion dollar industries, particularly banks.

But despite all of this crony capitalism, under no circumstances did I ever expect to see the banking industry blatantly attempt to try and corrupt the judicial branch which is typically the most neutral of the three branches of government when it comes to political influence and crony capitalism. Yet, in another “Too Big To Fail” twist, the Illinois Bankers Association (the “IBA”) has done just that.
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