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	<title>South Florida Law Blog &#187; Gretchen Morgenson</title>
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	<link>http://southfloridalawblog.com</link>
	<description>Florida Real Estate and Foreclosure Defense News from Oppenheim Law</description>
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		<title>JP Morgan Chase CEO Is A Chameleon And A Snake</title>
		<link>http://southfloridalawblog.com/2012/05/14/jp-morgan-chase-ceo-is-a-chameleon-and-a-snake/</link>
		<comments>http://southfloridalawblog.com/2012/05/14/jp-morgan-chase-ceo-is-a-chameleon-and-a-snake/#comments</comments>
		<pubDate>Mon, 14 May 2012 20:48:21 +0000</pubDate>
		<dc:creator>OppenheimLaw</dc:creator>
				<category><![CDATA[Jamie Dimon]]></category>
		<category><![CDATA[JP Morgan Chase]]></category>
		<category><![CDATA[Too Big To Fail]]></category>
		<category><![CDATA[apology tour]]></category>
		<category><![CDATA[billion]]></category>
		<category><![CDATA[ceo]]></category>
		<category><![CDATA[chairman]]></category>
		<category><![CDATA[chameleon]]></category>
		<category><![CDATA[chase]]></category>
		<category><![CDATA[david gregory]]></category>
		<category><![CDATA[dimon]]></category>
		<category><![CDATA[eric schneiderman]]></category>
		<category><![CDATA[federal reserve system]]></category>
		<category><![CDATA[Gretchen Morgenson]]></category>
		<category><![CDATA[investment banks]]></category>
		<category><![CDATA[j. p. morgan]]></category>
		<category><![CDATA[jamie dimon]]></category>
		<category><![CDATA[jp]]></category>
		<category><![CDATA[jp morgan]]></category>
		<category><![CDATA[jpmorgan chase]]></category>
		<category><![CDATA[meet the press]]></category>
		<category><![CDATA[mortgage fraud]]></category>
		<category><![CDATA[New York Times]]></category>
		<category><![CDATA[primary dealers]]></category>
		<category><![CDATA[snake]]></category>
		<category><![CDATA[suckers]]></category>
		<category><![CDATA[tampa]]></category>
		<category><![CDATA[task force]]></category>
		<category><![CDATA[too big to fail]]></category>
		<category><![CDATA[two-face]]></category>

		<guid isPermaLink="false">http://southfloridalawblog.com/?p=4582</guid>
		<description><![CDATA[The Jamie Dimon Apology Tour is in full swing. Perhaps you caught the first stop on this weekend’s Meet the Press. The chairman of JP Morgan Chase is trying to play us for suckers, publicly apologizing for his bank&#8217;s $2 billion loss. He called it an “egregious mistake”. He claims he want to get rid [...]]]></description>
			<content:encoded><![CDATA[<div id="attachment_4583" class="wp-caption alignleft" style="width: 295px"><a href="http://southfloridalawblog.com/wp-content/uploads/2012/05/Chameleon.jpg"><img class="size-medium wp-image-4583" title="The Chameleon" src="http://southfloridalawblog.com/wp-content/uploads/2012/05/Chameleon-285x300.jpg" alt="Spiderman" width="285" height="300" /></a><p class="wp-caption-text">Jamie Dimon may present himself as a apologetic CEO, but that is not his true face.</p></div>
<p><span style="color: #000000;">The Jamie Dimon Apology Tour is in full swing.</span></p>
<p><span style="color: #000000;"> Perhaps you caught the first stop on <span style="color: #0000ff;"><a href="http://video.msnbc.msn.com/meet-the-press/47403788"><span style="color: #0000ff;">this weekend’s Meet the Press</span></a></span>.  The chairman of <span style="color: #0000ff;"><a href="http://www.jpmorganchase.com/corporate/Home/home.htm"><span style="color: #0000ff;">JP Morgan Chase is</span></a></span> trying to play us for suckers, publicly apologizing for his bank&#8217;s $2 billion loss.</span></p>
<p><span style="color: #000000;"> He called it an “egregious mistake”. He claims he want to get rid of “Too Big To Fail”, and that he supported “portions” of the <span style="color: #0000ff;"><a href="http://www.stlouisfed.org/regreformrules/"><span style="color: #0000ff;">Dodd-Frank rule.</span></a></span></span></p>
<p><span style="color: #000000;"> It might be one of the best acting performances I’ve seen all year. I think his chances of taking home an Oscar are all but guaranteed.</span></p>
<p><span style="color: #000000;"> Maybe he had David Gregory fooled, (The NBC host’s lack of tough follow-up questions would seem to indicate it) but I am not buying it.</span></p>
<p><span style="color: #000000;"> The reality is had JP Morgan not lobbied so hard against Dodd-Frank, and paid the lobbyists as much as they did, Dodd-Frank would have been much, much tougher, and Dimon would have $2 billion more in his coiffures. </span></p>
<p><span style="color: #000000;"> It’s irony in its purest form. </span></p>
<p><span style="color: #000000;"> This loss, which came on some very risky trades, is a perfect symbol of Wall Street’s hubris and greed.  And it just goes to show you that the big banks have learned nothing from the crisis of years past. </span></p>
<p><span style="color: #000000;"> And neither has Dimon. His apology on Meet The Press was the vocal equivalent of crocodile tears. He is another Chameleon, another Two-Face, putting on a public show for the masses, while privately lambasting anyone who is really looking to end “Too Big To Fail” when he thinks we are not paying attention.</span><br />
<span id="more-4582"></span></p>
<p><span style="color: #000000;"> I have to give credit to <span style="color: #0000ff;"><a href="http://www.nytimes.com/2012/05/13/business/jpmorgan-shooting-itself-in-the-foot-fair-game.html"><span style="color: #0000ff;">Gretchen Morgenson and the New York Times</span></a></span> for helping expose Dimon as a hypocrite. Just a month ago, at a dinner for some JP Morgan’s wealthiest clients in Dallas, the Times reports Dimon attacked two men who are really trying to bring the banks back down to a manageable size.</span></p>
<p><span style="color: #000000;"> One of them is Paul Volcker, the ex-chairman of the Federal Reserve, whose <span style="color: #0000ff;"><a href="http://www.investopedia.com/terms/v/volcker-rule.asp#axzz1usVEdZLp"><span style="color: #0000ff;">Volcker Rule</span></a></span> could have very well prevented JP Morgan from engaging in the type of risky investments that lost them the $2 billion in the first place.</span></p>
<p><span style="color: #000000;"> The 2nd is Richard Fisher, president of <span style="color: #0000ff;"><a href="http://www.dallasfed.org/"><span style="color: #0000ff;">The Dallas Fed</span></a></span>, whose annual report <span style="color: #0000ff;"><a href="http://southfloridalawblog.com/2012/03/29/dallas-fed-calls-out-too-big-to-fail-banks/"><span style="color: #0000ff;">I praised here</span></a></span>,  who has openly called for a <span style="color: #0000ff;"><a href="http://blogs.wsj.com/economics/2012/05/11/dallas-fed-chief-we-shouldnt-have-banks-that-are-too-big-to-fail/"><span style="color: #0000ff;">break-up of the big banks</span></a></span>, like JP Morgan Chase.</span></p>
<p><span style="color: #000000;"> Dimon called the men’s arguments against the large banks “infantile” and “nonfactual”, and Morgenson alleges he further lambasted Fisher, to the shock of many of the guests.</span></p>
<p><span style="color: #000000;"> Dimon will be in Tampa tomorrow for JP Morgan’s annual shareholders meeting, and it’s a shame most have already placed their votes, because if they had not, I’m sure they would reconsider approving Dimon’s lofty salary.</span></p>
<p><span style="color: #000000;"> Dimon must really think we are suckers if thinks we will accept his phony apology. He is still trying to save face and present JP Morgan Chase as a healthy company, but if you think this $2 billion loss is an isolated incident, think again.</span></p>
<p><span style="color: #000000;"> The big banks have made tons of bets simply to increase its bottom line, it’s just this time they were exposed reaching into the cookie jar yet again. Except this time there weren’t any cookies for them to grab.</span></p>
<p><span style="color: #000000;"> Maybe this loss will not have a lasting impact on our financial markets, but the next one very well might. And that is why the average American needs to be paying attention to these types of risky bets.</span></p>
<p><span style="color: #000000;"> The next bad bet could be ten times bigger, and could drag down the entire economy with it, creating a systemic collapse far worse than anything we’ve seen to date. </span></p>
<p><span style="color: #000000;"> It will most certainly happen again if the government does not reel them in.  I think people are ultimately going to put their faith in government regulation, there simply is no other way of dealing with this.  And it is the legislature’s job to do so. </span></p>
<p><span style="color: #000000;"> Our government must step up. Last week <span style="color: #0000ff;"><a href="http://www.thenation.com/blog/167783/house-kills-measure-fully-fund-mortgage-fraud-task-force"><span style="color: #0000ff;">Republicans shot down a bill</span></a></span> that would have fully funded Eric Schneiderman’s Mortgage Fraud Task Force. Just as with the original version of Dodd-Frank, the tools were set into motion, but have not come to fruition.  </span></p>
<p><span style="color: #000000;"> If the rug keeps being pulled out from meaningful regulation, they will never have the tools to pursue vindication and justice.</span></p>
<p><!--[if !supportLineBreakNewLine]--><span style="color: #000000;"><strong>From The Trenches,</strong></span></p>
<p><span style="color: #000000;"><strong>Roy Oppenheim</strong></span></p>
<p><a href="http://www.oppenheimlaw.com/about-us/roy-d-oppenheim/"><img class="alignleft size-thumbnail wp-image-4549" title="Roy Oppenheim" src="http://southfloridalawblog.com/wp-content/uploads/2012/05/386705_10151094439560015_513835014_22157746_1427205925_n-150x150.jpg" alt="From The Trenches, Foreclosure Defense Attorney Roy Oppenheim" width="150" height="150" /></a></p>
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		<title>Oppenheim Law Round up: Debtors’ Prisons, Bank Settlements and Florida’s Nuclear Plants</title>
		<link>http://southfloridalawblog.com/2011/03/19/oppenheim-law-round-up-debtors-prisons-bank-settlements-and-floridas-nuclear-plants/</link>
		<comments>http://southfloridalawblog.com/2011/03/19/oppenheim-law-round-up-debtors-prisons-bank-settlements-and-floridas-nuclear-plants/#comments</comments>
		<pubDate>Sat, 19 Mar 2011 16:22:10 +0000</pubDate>
		<dc:creator>OppenheimLaw</dc:creator>
				<category><![CDATA[Florida Law News]]></category>
		<category><![CDATA[Florida real estate]]></category>
		<category><![CDATA[Shay’s Rebellion]]></category>
		<category><![CDATA[Gretchen Morgenson]]></category>
		<category><![CDATA[Jessica Silver-Greenberg]]></category>
		<category><![CDATA[Peter Evans]]></category>
		<category><![CDATA[Shay's Rebellion 2.0]]></category>

		<guid isPermaLink="false">http://southfloridalawblog.com/?p=2261</guid>
		<description><![CDATA[Could you end up in jail for not paying your bills? Is our country’s need for speed going to derail efforts to end improper loan-servicing and foreclosure practices? How do Florida’s nuclear power plants compare to those in Japan? Those are just some of the questions being asked this week from top tier business and [...]]]></description>
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<p><a href="http://southfloridalawblog.com/wp-content/uploads/2011/03/Picture-59.png"><img class="alignleft size-medium wp-image-2265" title="Debtors Prison 2011" src="http://southfloridalawblog.com/wp-content/uploads/2011/03/Picture-59-300x178.png" alt="" width="300" height="178" /></a>Could you end up in jail for not paying your bills?  Is our country’s need for speed going to derail efforts to end improper loan-servicing and foreclosure practices? How do Florida’s nuclear power plants compare to those in Japan?<strong></strong></p>
<p><strong> </strong>Those are just some of the questions being asked this week from top tier business and real estate reporters around the country.  Most importantly, the answers could have profound effects on Florida’s housing market and our country’s economy.<strong></strong></p>
<p><strong>Welcome to Debtors&#8217; Prison, 2011 Edition</strong></p>
<p><strong> </strong>More than a third of all U.S. states allow borrowers who are behind on credit-card payments, auto loans and other bills to be jailed, according to<strong><a href="http://online.wsj.com/article/SB10001424052748704396504576204553811636610.html?KEYWORDS=prison"> The Wall Street Journal Business</a></strong> Writer Jessica Silver-Greenberg.<strong></strong></p>
<p><strong> </strong>However lawmakers, judges and regulators are beginning to crack down on this practice analogous to the<strong><a href="http://southfloridalawblog.com/2010/05/20/roy-oppenheim-on-strategic-foreclosure-shay%E2%80%99s-rebellion-2-0/"> Shay’s Rebellion 2.0</a></strong> <a href="http://www.oppenheimlaw.com">Oppenheim Law</a> described almost a year ago.<strong></strong></p>
<p><strong> </strong>In Florida, training this week for dozens of new judges moving to courts with the power to lock up borrowers includes a session about potential abuses of debt-related warrants. &#8220;Before we take away a person&#8217;s freedom, we want to ensure that there are procedural safeguards,&#8221; said Peter Evans, a Palm Beach County, Fla., state-court judge who proposed the session.<strong></strong></p>
<p><strong>A Swift Deal May Not Be a Sound One</strong></p>
<p><strong> </strong>This country’s need for speed derailed the mortgage industry, and that same breakneck pace is threatening to ruin a bank settlement being devised by state attorneys general relating to improper loan-servicing and foreclosure practices.<strong></strong></p>
<p><strong> </strong>Gretchen Morgenson of<strong><a href="http://www.nytimes.com/2011/03/13/business/13gret.html?_r=1&amp;partner=rssnyt&amp;emc=rss"> The New York Times</a></strong> comments in her column, “While some might argue that a rapid approach will help borrowers, it is apt to benefit the banks far more.”<strong></strong><br />
<span id="more-2261"></span></p>
<p><strong> </strong>“Hurrying to strike a deal means less time to devote to understanding how pernicious the <a href="http://www.oppenheimlaw.com/foreclosure_law.html">foreclosure practices </a>were at the nation’s largest institutions. How can you determine appropriate penalties for troubling practices when you haven’t conducted a full-fledged investigation?”<strong></strong></p>
<p><strong> </strong>The truth is you can’t.<strong></strong></p>
<p><strong>How Florida&#8217;s nuclear plants compare to Japan’s</strong></p>
<p>Sun-Sentinel House Keys Blogger Julie Patel offered an in-depth comparison of the Japanese nuclear plants in dire crisis and Florida’s plants, asking whether question our plants are prepared to deal with similar problems.<strong></strong></p>
<p><strong> </strong>According to nuclear operators in Florida, the biggest threat their plants face is hurricanes.  While extremely powerful, hurricanes provide plant operators far more time than a tsunami to shutdown the plant far in advance.<strong></strong></p>
<p><strong> </strong>For a technical breakdown of other key differences between Florida’s nuclear plants and the ones facing meltdown in Japan, check out<strong><a href="http://weblogs.sun-sentinel.com/business/realestate/housekeys/blog/2011/03/how_floridas_nuclear_plants_co.html?utm_source=feedburner&amp;utm_medium=feed&amp;utm_campaign=Feed%3A+ss-housekeys+%28House+Keys+%7C+Sun-Sentinel+Blogs%29&amp;utm_content=Google+Feedfetcher"> the entire article.</a></strong><strong></strong></p>
<p><strong> </strong>It seems our nuclear war zones have leaked from Wall Street to Main Street.</p>
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		<title>Foreclosures Defense Close-Up: Ponzi Nation or Musical Chairs?</title>
		<link>http://southfloridalawblog.com/2009/03/03/foreclosures-defense-close-up/</link>
		<comments>http://southfloridalawblog.com/2009/03/03/foreclosures-defense-close-up/#comments</comments>
		<pubDate>Tue, 03 Mar 2009 23:01:15 +0000</pubDate>
		<dc:creator>OppenheimLaw</dc:creator>
				<category><![CDATA[Florida foreclosures]]></category>
		<category><![CDATA[Foreclosure case study]]></category>
		<category><![CDATA[Gretchen Morgenson]]></category>
		<category><![CDATA[Mara Schiavocampo]]></category>
		<category><![CDATA[NBC Nightly News]]></category>
		<category><![CDATA[New York Times]]></category>
		<category><![CDATA[Weston Title]]></category>

		<guid isPermaLink="false">http://southfloridalawblog.com/?p=126</guid>
		<description><![CDATA[Sharing my thoughts on Florida foreclosures yesterday with the NBC Nightly News team really brought back some past real estate scenarios. Long before the Florida foreclosure meltdown and “double sold mortgage” became a widely used term, I represented a commercial pilot for a major airline who owned real estate in the Florida Keys. This client [...]]]></description>
			<content:encoded><![CDATA[<p>Sharing my thoughts on <a title="Florida Foreclosure" href="http://www.oppenheimlaw.com/florida_foreclosure_assistance.html" target="_blank">Florida foreclosures</a> yesterday with the NBC Nightly News team really brought back some past real estate scenarios.</p>
<p>Long before the <a title="Florida Foreclosure" href="http://www.oppenheimlaw.com/foreclosure_law.html" target="_blank">Florida foreclosure</a> meltdown and “double sold mortgage” became a widely used term, I represented a commercial pilot for a major airline who owned real estate in the Florida Keys. This client had a great house but wanted to live closer to mainland Florida so that he could be closer to work.</p>
<p>His decision? To sell his house. Nothing unusual&#8230; right?<br />
Back then it took a few months to find a buyer, for the buyer to find a mortgage and then a few more weeks to close.</p>
<p>As the closing agent at <a title="Weston Title" href="http://www.westontitle.com/" target="_blank">Weston Title</a>, my staff requested a pay-off letter from the lender and – to our utter surprise and the first time in my career – two banks lay claim to the loan.  In other words the originating bank had sold the loan at least once, or twice, or maybe even more. Who really knows?</p>
<p>But as this client’s<a title="real estate defense" href="http://www.oppenheimlaw.com/south-florida-foreclosure-defense.html" target="_blank"> real estate defense counsel </a>we could not figure out who owned the loan. Well… the real estate client lost the sale. We advised for him to rent out the property and place the monthly mortgage payments in escrow. He basically followed our advice, save the escrow.</p>
<p>Soon after, the banks started foreclosure. It became ugly and quite a mess. We counter-claimed and got real nasty. Even the judge and mediator could not believe the story. How could a well respected national bank have lost control of their real estate collateral and literally throw their good customer, a well respected professional, under the bus without any concern?<br />
<span id="more-126"></span></p>
<p>The banks ended up suing each other in federal court. It took years for the matter to resolve itself. In the interim, my client&#8217;s credit went down the tubes, his wife got terribly sick from the stress and little did I know it would take until now for me to start connecting the dots.</p>
<p>Yes we settled&#8230; my client was appropriately awarded damages, the house eventually sold, and I was paid well for my efforts too!  This scenario should have been a one-time case in my career… an honest mistake by a large bank that mishandled the matter. Ok. That is how I viewed this case for ten years. Well I was wrong.</p>
<p>That was then…this is now.</p>
<p>What we had was the “tippy tip” of a massive iceberg completely submerged and covered by a real estate market that had run amuck due to unfettered greed, poor regulation, complacency, and out right corruption.</p>
<p>So you say what is he talking about? The story is slowly breaking… It started this past Sunday in <a title="foreclosure article" href="http://www.nytimes.com/2009/03/01/business/01gret.html?_r=1" target="_blank">Gretchen Morgenson&#8217;s column</a> on the front page of the New York Times Business Section. She alleges that due to &#8220;sloppy bookkeeping&#8221; surprise, a few sub-prime mortgages, or for that matter, mortgages were maybe sold more than once into investment pools.</p>
<p>WHAT??  Just bad paperwork?? Fat chance!</p>
<p>According to the well-respected foreclosure defense attorney, April Charney, quoted in the Times piece, and with whom I spent eight hours with in a foreclosure crisis seminar yesterday, these loans were sold systematically and more than once into different investment pools.</p>
<p>It was simple. No one was checking… no one really cared. All incentives, all the way down the line, encouraged this trangressive behavior. Remember how Wall Street bonuses were always paid at year&#8217;s-end not after a loan was seasoned? Meaning after a borrower has paid on the loan for a year or two!  In fact, on Wall Street, a loan was seasoned and bonuses paid all the way down the line after a borrower made even one payment!</p>
<p>Do I hear Madoff on steroids? Maybe? Maybe definitely! Maybe that is why Madoff is still at home and not in jail. What does he really know about a ponzi scheme that makes him look like yesterday&#8217;s news?</p>
<p>Bear Stearns in the fall of 2007 started seeing the writing on the walls. Internally warning of &#8220;double sold mortgages.&#8221; Well, I guess they rang the alarm a little too late.</p>
<p>In fact, Aunt Fanny and Uncle Freddy are refusing to buy back loans unless the lender can prove they, and only they, own the loan. That means the lender needs to produce the original note along with all the assignments appropriately endorsed. Shouldn&#8217;t be hard?</p>
<p>Why then, should the federal government all of a sudden be concerned if the lender has the note? Judges, until recently, didn&#8217;t seem to take notice, except for a few bankruptcy judges in California. The answer is simple. They are slowly catching on that the new money in the investment pools was simply being used to pay for loans that did not exist.</p>
<p>While the party music played and everyone kept on dancing&#8230; then all a sudden, the music stopped&#8230; oops not enough chairs for everyone.</p>
<p>NBC Nightly News new media journalist <a title="new media journalist" href="http://www.marasonline.net/#/quicklinks/" target="_blank">Mara Schiavocampo</a> will be exploring these issues deeper this week. So, I guess you can say you heard it here first &#8212; from the trenches.</p>
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