Posts Tagged ‘housing crisis’

Homeowner’s Super Bowl — Clock Winding Down on Robo-Signing Settlement

Monday, February 6th, 2012

Courtesy: New York Giants

The clock may have run out on this year’s Super Bowl (Way to go Giants!!) but there’s still a few minutes left in this year’s REAL grudge match, the Banks vs. the Attorney Generals.

It’s 4th and Inches, the score is tied, and it would be nice to avoid overtime.

Today we could learn whether the much-discussed robo-signing settlement with Wells Fargo, Bank of America, JP Morgan Chase, Ally Financial and CitiGroup will come to pass, and in what form.

With California AG Kamala Harris returning to the negotiating table, the deal looks closer than ever to being sealed. Harris, who represents the state with the largest amount of foreclosed homes, has rightfully been hesitant to sign off because her state has the most to gain, or lose, from this deal.

We were initially very hesitant to see this deal go through ourselves, but the time has come for it to put to bed.

Why?

Because we feel the deal in its current form does a lot. Does it help every single homeowner who’s underwater? Of course not. There is no deal that will.

But here is who it does help. The homeowners who have fought to keep their homes from day one, who were at the forefront of these legal challenges against the banks. Much of what we have learned about robo-signing and the lack of standing banks had to bring foreclosure, would not have come to light without these crusaders, and its time they got a reprieve.

In theory it also helps the responsible homeowners, the ones who paid their mortgages on-time and whose homes went underwater through no fault of their own. They too need to be rewarded.

The reported 25 billion dollars (perhaps more if all 50 states sign on) that the banks are putting up will finally offer these homeowners some principal reduction, and the chance to refinance, two things we have long sought to see.

For those who just walked away, who left their homes to fall into disrepair, it’s our opinion that they should not be a priority.

The longer this deal lingers without any hope of conclusion, the longer we face the chance of a social contagion where everyone decides to stop paying their mortgage.  That will not help the market, and more importantly it won’t help the homeowners who’ve truly been wronged by the banks.

There are some bloggers and commentators who are still urging the AGs to not sign this deal. Is is a slap on the wrist? Yes, but that’s all it can be. We must not forget that rob-signing is the tip of the iceberg.

Whatever state claims that might be washed away by this agreement will seem like small potatoes once Schneiderman and his team wrap their investigation.

In fact they’ll seem more like little potato crumbs. Trust us what lies ahead is far worse.

If this settlement is the homeowner’s Super Bowl, then what lies on the horizon is the Supercalifragilisticexpialidocious Bowl.

There is nothing more important to us than making sure the banks face punishment for their dirty dealings.  It is very important that people continue to challenge the banks by trying to flesh out whether they  truly have standing to bring foreclosure. There’s no reason why this should end with this settlement. When it’s said and done, we believe the banks will be punished.

So far Schneiderman has not not wavered in his efforts to go after the banks. His efforts in the last few weeks have them running scared for the first time. We’re confidant he’ll do whatever it takes to get the banks. He has been one of the holdouts against this deal, but he is starting to turn around on it.

If he can be comfortable with it, then so can we.

Eric Schneiderman: This Millennium’s Elliot Ness?

Sunday, January 29th, 2012

New York Attorney General Eric Schneiderman

We here at the South Florida Law Blog decided to clock in a few hours this weekend, because if we didn’t we’d probably fall behind President Obama’s new man-in-the trenches Eric Schneiderman.

The New York Attorney General, only days into his appointment as the head of the newly-formed Residential Mortgage-Backed Securities Working Group has already issued subpoenas to 11 financial companies.

President Obama only announced this new investigative unit during Tuesday’s State of the Union, yet the “check”, or in this case the subpoena, is already in the mail.

If you were skeptical that Obama was still interested in the status-quo when it comes to the banks and doing business, may we present Exhibit A.

Eric Schneiderman is turning himself into a modern-day Elliot Ness.

You remember Ness don’t you?

The federal agent whose team of “Untouchables” couldn’t be bought off and helped bring down Al Capone?

Schneiderman too has the era of a man who will not be co-opted. If anyone can stay above the fray and not be reeled in by the banks and their money, he can.

Investigation Going After Cause of Housing Crisis

Schneiderman has stood up to the President before, openly opposing the settlement agreement that we here at the South Florida Law Blog  have railed against.  And now he is Obama’s point man for placing blame and creating accountability for causing the worst economic crisis in the US since the Depression.

Elliot Ness

The Huffington Post is reporting that outside of claims directly relating to robo-signing fiasco, the banks will not be released from the threat of prosecution for the vast majority of securities-related crimes.

Schneiderman said Friday that the settlement will not interfere with his investigation because the settlement money will be for conduct by the banks that took place after the housing market collapsed.

“Our working group is focusing on the conduct that related to the pooling and creation of mortgage backed securities,” he explained, “The conduct that created the crash, not the abuses that happened after the fact.”

For the first time we’re seeing someone attack the cause of the housing crisis, and not just the effect, which is why we’re optimistic.

Schneiderman added he’s confident the liability releases the banks would be granted in the settlement have been “narrowed.” In other words, his investigation and the settlement are no longer tied to each other. Which means he is free to go after the banks for their list of crimes, which is MASSIVE.

Banks Will Not Skate Under Schneiderman

Schneiderman wants to “make sure that we’re not releasing claims that obviously now are even more important to me because I’m investigating them.” Just like Ness, Schneiderman will find having the IRS on his side will likely give him the upper hand since it is now well accepted that the banks engaged in systematic tax fraud.

You need look no further than Oppenheim Law’s recent law-review article, “Deconstruction the Black Magic of Securitized Trusts” to see the world Schneiderman is now stepping into to fix.

The banks systemically and fundamentally failed to follow the rules which were set up to protect the homeowner.  The improper securitization of “mortgage backed securities” was in fact never mortgage-backed, and due process took a back-seat in favor of expediency.

Bottom line, Schneiderman will have his hands full for quite some time.

Not a Prison Big Enough

Mitt Romney likes to remind us that “corporations are people, too. But Romney better hope that is not true, because there is no jail or prison big enough to hold the banks for the rampant fraud they have committed.    The truth is you can’t punish the banks the way you would a person, you have to hit them in the pocketbook.

And not just the shareholders, who up to now have received the brunt of the hit the banks have taken so far, thanks to their stocks going down the toilet.

You have to punish the officers, the directors, and the bondholders too, and we suspect Schneiderman shares our opinion on this.

President Obama,  who only a year ago was trying to push Schneiderman away, has finally committed to a  thorough and in-depth investigation and potential criminal liability for those institutions responsible for the current state of the housing market.

Schneiderman just might make Elliott Ness proud.

Week In Review: Foreclosure and the GOP; Banks May Lose HAMP Money; Bondi Stands Behind Settlement; Stern Wants Fries With That

Friday, January 27th, 2012

The South Florida Law Blog loves a good burger!

We’re finally starting to catch our breath, with the substantial amount of news we’ve seen come down the pipeline in the housing market this week.

President Obama’s State of the Union, and the apparent collapse of the federal government’s settlement with the banks have been our focus this week, and rightfully so.  But there’s been lots of other stories that have crossed our desk this week, some big, some small, but all important.

 

Republicans Offer Unpopular Solutions for Housing Fix

Most of our attention has been on the President this week, but we’ve also been keeping our eyes of the Republicans as well. With the Florida GOP Primary just days away, the candidates have been descending on Florida as expected. Foreclosure, which has been long absent from the GOP discussion, has become a more focal issue this week.

Unfortunately, it feels like much of the talking points have focused on the candidates blaming each other for causing the housing crisis, and less on what they plan to do to fix it.

This excellent piece in The Street details all the remaining Republicans comments on foreclosure. They all have suggested a hands-off approach, and appear to be under the misguided notion that the market will correct itself on its own. Gingrich and Paul have made one-note villains out of the Dodd-Frank Act and The Federal Reserve, respectively.

Romney’s past comments about market correction have come back to haunt him as he tries to pass himself off as sympathetic to the homeowners’ plight. Frankly we don’t feel like any of the Republican candidates are looking out for the homeowners.

Chase, BofA may lose $131 million in HAMP payments

Anything that hurts the banks in the pocketbooks, we’re all for. We realize that $131 million is chump change to them, but it’s great to see the banks being held accountable for failing to live up to expectations. This story further proves how little the banks have done to correct their own mistakes.

The Special Inspector General for the Troubled Asset Relief Program (TARP) is threatening to take away this money because both banks have failed to improve their performance in the in the Home Affordable Modification Program. In a report released this week, the SIG said both had failed to properly evaluate homeowners for the HAMP program.

While the report states that Bank of America has made some headway, it was particularly critical of JPMorgan Chase, saying “JPMorgan Chase’s continuing refusal to comply with program requirements is deeply troubling and there must be serious repercussions.”

Florida Attorney General bashes states that rejected nationwide foreclosure settlement

We can’t get through this recap without some mention of the robo-signing settlement, as Republican Pam Bondi continues to stand with it as it crumbles. Our Attorney General, whose been accused before of being soft on lenders, came out Thursday saying the deal needs to be passed now so Floridians can start getting foreclosure relief. Bondi has been one of the settlement’s biggest backers.

“The settlement under discussion contains all the elements California purports to be looking for; transparency, substantial relief for distressed homeowners, and strict enforcement,” Bondi said.We of course, strongly and respectfully disagree, particularly when it comes to her belief the settlement offers strict enforcement, which is why Obama’s plan to form a new investigative unit is so necessary.

From foreclosure king to burger king: Stern buys into Five Guys

From the sublime to the ridiculous  – Foreclosure attorney David Stern, the lawyer at the center of one of the largest foreclosure mills in Florida, is now making money in the fast food business.Stern has now invested in a company that owns several Five Guys Burger and Fries  franchises.

Stern’s law firm closed last March, and Stern is now being sued by the company that paid him $60 million and now claims his business was unlawful, so he has to make money somehow right? Of course the fact that he has money to invest in such a large chain probably doesn’t make homeowners too happy.If you’re hungry we’d be cautious about stepping into one of his restaurants, Stern might steal the fries right off your plate!

Have a great weekend and we’ll see you soon in the trenches!

Will Obama Target Housing Crisis During State Of The Union?

Monday, January 23rd, 2012

President Barack Obama delivers remarks on the economy at Shaker Heights High School,Shaker Heights, Ohio, Jan. 4, 2012. (Official White House Photo by Chuck Kennedy)

We really haven’t seen President Obama insert himself directly into the housing crisis, but there are rumblings that he may do just that during Tuesday’s State of The Union address.

The fact is that is what homeowners have been clamoring for. A new USA TODAY/Gallup Poll found 58% of Americans want the government to do more to help people keep homes.

According to HousingWire, Ohio senator Sherrod Brown told reporters today that there was evidence that Obama would address the robo-signing case which involves several major banks.  A North Carolina congressman even said there were rumours that Obama would announce a settlement, something HUD secretary Shaun Donovan suggested last week was ‘very close’, as we mentioned in our Week In Review on Friday.

For the record, Obama’s press secretary refused to confirm any details, saying only that the President was “focused on the issue of housing”.

Between Dononvan’s comments and the recent white paper sent out by the Federal Reserve, it seems that more and more top government officials are finally realizing how important the housing market is to our economic recovery, not to mention their own political survival.

This is not news to us here at the South Florida Law Blog.

In the Huffington Post last September, Roy Oppenheim called housing the “thousand pound gorilla in the room” in the 2012 election, as many of the states with the highest underwater mortgages, such asFlorida, are also key electoral swing states.  The pressure on Obama to be more aggressive on the banks is growing in Washington, and it’s about time.

In fact without addressing the housing market dead-on, we wonder if the President can be re-elected. The foreclosure crisis has affected too many of his supporters for him not to. His Republican rivals are now starting to address it; he’ll have to as well.

We’ll be watching tomorrow night’s speech, hoping for some specifics.

We’ve said it before and we’ll say it again, banks make lousy neighbors, so Obama needs to evict them, not the homeowners!

The President needs to look at are programs where people can stay in their homes by paying the bank or an investor rent so that pools continue to be cleaned and lawns continue to be maintained. We really want to hear the President address the need for true principal mortgage modification down the road.  Talk about modification to date has been just that, all talk.

The Wall Street Journal today cited several examples that economists believe could get us back on track, such as using local investors to drive the recovery in their own communities. The truth is without real movement from Obama and his administration we will never see housing prices stabilize, and as the Journal stated the ‘overhang of debt’ in the nation’s most troubled housing markets will linger for years.

So Mr. President, what say you?


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