Posts Tagged ‘homeowners’

Week In Review: DeMarco Doesn’t Get It; Scheiderman Sues Banks over MERS; Swiss Bank Charged with Tax Evasion

Friday, February 3rd, 2012

Thanks to RJ Matson and the St. Louis Post Dispatch for this wonderful cartoon! It sums up our feelings quite nicely.

Freddie Mac’s Regulator ‘Completely Puzzled’ by Allegations of Conflict

If Edward DeMarco is puzzled by the outrage over the revelation that Freddie Mac was investing in securities that paid off if homeowners couldn’t refinance, then call us puzzled by his puzzlement. Either he’s a bold-faced liar or he is just plain dense.  Does he really not get it?

DeMarco, the acting director of the Federal Housing Finance Agency, had the gall to tell National Public Radio this morning that one of his major responsibilities was to make sure that Freddie Mac didn’t lose money. NPR, by the way, was one of the agencies that broke the story in the first place.

Eddie, you’re a now a government-run company. You were semi-private at one point, but now you are an arm of the government. You should be looking out for the homeowner, and that’s it. You can claim that these investments, which for all intensive purposes were betting against homeowners, were just routine financial transactions.

We ain’t buying it.

Freddie Mac was created solely to help ease up the mortgage market and make it easier for people to get into homes. Anything counter to that, which clearly these investments were, goes against your mission statement. We’re not interested in profit, we want to see more people in homes.

Eddie, as Donald Trump would say, You’re Fired!

Schneiderman Suing Banks For ‘Deceptive And Fraudulent Foreclosure Practices’

We gotta give Eric Schneiderman another ‘atta boy’ because he has not let up against the banks!! This time its because of their creation and use of the Mortgage Electronic Registration System, better know as MERS.

Today we learned he is suing, in his role as New York Attorney General, Bank of America, JP Morgan Chase and Wells Fargo, along with MERSCORP and a host of other companies because of their use of the foreclosure registry. Schneiderman alleges the banks submitted documents to MERS that had false and misleading information to make it appear they had the authority to foreclose when in fact they didn’t.

He contends homeowners were at a distinct disadvantage because MERS made it impossible for them to track property transfers through public records.

It all comes back to the key point that we have railed against, that the banks often could not prove that they they owned the homes they were trying to foreclose on, and used fraudulent documentation to cover their tracks. Schneiderman may not be the first to call out MERS, but he has zeroed in on the problem with it and the banks poor record keeping.

Keep it up Eric!

Swiss Bank Wegelin Charged in U.S. With Aiding Tax Evasion

We’re not exactly sure how you can put a bank in an American jail, especially when it’s not even in the US, but we’re glad the government is trying!

Wegelin & Company, a 270-year-old Swiss bank, has been indicted on federal charges of tax evasion here in the United States. Prosecutors allege they helped over 100 American clients hide more that 1.2 BILLION dollars in assets from the IRS. Three of its top officials are also facing charges.

Wegelin has already said on their website  that most of their customers and employees are being transferred to another bank in the wake of these charges.

It’s great to see the government get tough with Wegelin, but when are they are they going to bring US banks up on similar charges for what they’ve done to the homeowners and for not playing by the same rules as the rest of us?

Have a great Super Bowl weekend and we’ll see you Monday — From The Trenches!

Freddie Mac — Playing Two-Face to the American Homeowner?

Tuesday, January 31st, 2012

 

Aaron Eckart as "Two-Face"

Aaron Eckhart might have played Two-Face in the last Batman movie, but Freddie Mac seems to have settled into the role these days.

Non-profit ProPublica and National Public Radio allege that Freddie Mac, which was set up to make home loans more accessible, was in fact betting against homeowners.

It’s a highly disturbing, and completely shocking report. ProPublica’s Jessie Eisinger and Chris Arnold of NPR claim that the government-owned mortgage company was investing in securities that paid substantially more if people continued to pay off high-interest mortgages.

At the same time, they were tightening the grip on credit, making it difficult for homeowners to refinance and get out of such mortgages.

So what was good for Freddie Mac’s bottom line was diametrically opposed to what was right for some people who had mortgages with them.

Heath Ledger as "The Joker"

It’s a scheme so devious The Joker wishes he thought of it first.

Now Freddie Mac officials claim there was a Chinese wall set up between the staffers responsible for their investments and those who dealt with credit regulations.

They deny there was any intent to manipulate credit regulations to enhance their pockets, and the investigation offered no evidence that there was.

Yet they’ve already agreed to stop making these risky investments, known as inverse floaters, after the Federal Housing Finance Agency leaned on them once the investigation became public.

Even if you buy Freddie Mac’s explanation, it doesn’t soften the blow. The conflict of interest here is unequivocal.  The company is now essentially, owned by the taxpayers, and has a direct impact on who and who can not get a home loan.

So even if this just a case of the left hand not knowing what the right was doing, it’s inexcusable. The possibility that the company could have profited off homeowners misfortune, intentional or not, can not be left alone.

The banks have long been resistant to refinancing.  Why? Well they never wanted to refinance, never had to refinance, and let’s face it, they’re just greedy bastards. Now Freddie Mac looks no better than their corporate brethren.

At a time when President Obama is finally talking tough about holding lenders accountable, there must be sanctions for the government- run company run amuk.

If the American public is going to take Obama seriously, he must bring the hammer down just as firmly on his own house as he intends to do on private banks.

Florida’s Hardest Hit Program Not Providing Real Relief; Long-term Solutions Needed

Thursday, January 19th, 2012

Back when it debuted last April, we were somewhat skeptical that Florida’s Hardest Hit program could provide real benefits for the people it sought to help.

We called it a band-aid, and at least for some South Florida homeowners, it’s proving to be just that.  The Palm Beach Post profiled several homeowners who were among the first to receive benefits from the program. Sheryl Stuart, a Jupiter homeowner whose business went under, applied for help through the mortgage relief program, and is about to see her payments end next month.  Hardest Hit only entitles qualified homeowners up to six months of mortgage assistance.

Stuart told the Palm Beach Post that even though she’s found a new job, her salary won’t be able to cover her mortgage payment once she stops receiving aid from Hardest Hit. She’s frustrated that she’s about to be right back where she started when she applied for aid in the first place.

“In this economy, to think you can turn your life around in six months is totally ludicrous,” Stuart said in the article,  ”The working class is quickly slipping into a black hole.”

The truth is this program, however well-intentioned it might have been, is just not enough. What Hardest Hit is essentially doing is giving homeowners a nice seafood dinner, when they really need to learn how to fish.

It scratches the surface but for people like Stuart it might just delay the inevitable. Unless you’re giving homeowners a solid two years of payment relief, you’re not giving these people time to go back to school, improve their financial standing, and really turn their lives around.

Hardest Hit is throwing good money after bad, and really, what’s the point of spending all this money if it won’t provide permanent relief?

Not to mention that many homeowners have been rejected by the program, nearly 10,000 according to the Post, for reasons including being over 180 days past due on their mortgage.  So if many aren’t getting the help they need, and those who are getting the relief aren’t feeling a lasting impact, what’s the point?

Spokeswoman Cecka Green told the Post the state is going through uncharted waters with Hardest Hit, and it looks to us like the state wasn’t truly prepared to handle the demand.

“We never really anticipated where we would be at this point since we had not ever before administered a program like this,” Green said.

Helping people make their payments isn’t the answer. We were elated when the Federal Reserve started talking about principal reduction, that’s a much better solution that ultimately has a chance of keeping people in their homes.

If we allowed homeowners facing foreclosure to lease back their properties, that too would have a higher success rate, in our opinion. If we’ve learned nothing else, it’s that banks make the worst neighbors.

Florida’s Hardest Hit was doomed from the get-go, so it’s time to focus on systematic long-term solutions.

Happy New Year for Homeowners! No More Cutting Corners for Banks!

Thursday, January 5th, 2012
Banks will need to clean up their circus “act” in 2012 when it comes to Florida foreclosure cases thanks to a series of stinging decisions handed down by the 4th District Court of Appeals that could be the gift that keeps on giving for Florida homeowners.
The court finally realized the banks must have the proper authority before they proceed in the foreclosure process. For years I have been saying the banks have systematically been cutting corners in the foreclosure defense process by not having the requisite power to bring their cases.
In this most recent case, Robert McLean vs. JPMorgan Chase, Chase, which was seeking to foreclosure on McLean’s Broward County home, claimed the note from the borrower was “lost, stolen or destroyed.” I call shenanigans on that claim. The truth is banks were in such a rush to move forward that they just never bothered to check their own paperwork.
McLean sought to squash the foreclosure because he said that Chase ultimately could not prove they were the owner of the note. In fact the assignment of mortgage, which is a document which indicates that a mortgage has been transferred from the original lender, which Chase produced to the court was signed three days AFTER the first foreclosure complaint was filed by the bank.
The 4th DCA, in our eyes, had no choice but to reverse a lower court’s decision and side with the homeowner.  As the saying goes, possession is nine tenths of the law, and in this case, Chase was left holding an empty bag. The court noted that if there was “substantial doubt about the note” that the bank should dismiss and refile the case, and it was clear from Chase’s lack of concrete proof that they had no legal standing in this case.

The 4th DCA’s ruling also guarantees homeowners have a right to an evidentiary hearing, rather than just a summary judgement.

The decision is a monumental leap forward in the way courts handle foreclosure cases and the role that the mortgage assignments play in the foreclosure process.  What the courts have been doing was effectively denying the due process rights of those who were in foreclosure by not forcing the banks to prove ownership of these mortgages.

Gerald Richman, a lawyer for the foreclosure firm Shapiro and Fishman tried to downplay the importance of this ruling in the Palm Beach Post, saying it didn’t mean the foreclosure had no merit. Oh Gerry, you’re missing the point, by a mile. If you’re going to make people cross every “i” and dot every “t”  before they get the keys to the kingdom, how can we not demand banks do the same before they take them back!!

The truth is the process the banks engaged in was unfair and unconstitutional, and the courts have now come to the conclusion that we did long ago.

Thank you, 4th District Court of Appeals, and may the New Year bring you many more moments of clarity like this one.


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