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Atlas shrugged after he stole your house

leghumping.jpgStephen Meister, going to town on Wall Street's leg.
I've been waiting for some Randroid slimeball to write a column defending the rampant, systematic foreclosure fraud we're currently witnessing and thankfully Stephen Meister at the New York Post gives us more than we could have ever dreamed of. Witness him dutifully humping the legs of his corporate masters:

If Democrats get their way, we'll soon have a nationwide freeze on home foreclosures -- imposing vast new losses on mortgage lenders and taxpayers, sidelining panicked homebuyers and pushing off a housing-market recovery for years. You can thank bullying politicians, from President Obama on down to most state attorneys general.

I have yet to see news of a single borrower coming forward to say the bank foreclosed on his home when he wasn't in default on his mortgage.

Then you pretty much haven't been looking, jackass. This guy got foreclosed on even though he'd paid for his entire house in cash. This woman, meanwhile, watched in horror as thugs hired by her bank broke into her house to change the locks even though her house hadn't even been foreclosed on. There plenty more stories like those two. You just have to, you know, learn how to use the magic of Google News to find them.

Yet millions of pending foreclosures will now be halted. This is a massive overreaction to technical faults in affidavits.

And what "technical faults" did the banks make, you ask? Well let's start out with some of these:

In an effort to rush through thousands of home foreclosures since 2007, financial institutions and their mortgage servicing departments hired hair stylists, Walmart floor workers and people who had worked on assembly lines and installed them in "foreclosure expert" jobs with no formal training, a Florida lawyer says.

In depositions released Tuesday, many of those workers testified that they barely knew what a mortgage was. Some couldn't define the word "affidavit." Others didn't know what a complaint was, or even what was meant by personal property. Most troubling, several said they knew they were lying when they signed the foreclosure affidavits and that they agreed with the defense lawyers' accusations about document fraud.

And then add on some of these:

Lawyers at two Maryland firms handling foreclosures filed court documents without actually signing the papers themselves, a development that is calling into question the validity of at least some of the home foreclosure cases in the state.

The two attorneys, one based in Hunt Valley and the other in Bethesda, have filed more than 20,000 foreclosure cases in Maryland courts since 2008.

The lawyers have acknowledged that in documents filed in court for some of their foreclosure cases their names were signed by others at their behest. The documents, known as affidavits, are the written equivalent of court testimony. Maryland law requires that affidavits be signed by the person whose name they bear, according to the state attorney general's office.

So let's see: the banks went out and hired people to sign documents as quickly as they could without even reading through them -- and even if they did read through them, they didn't know what the hell they were reading. Oh, and lawyers handling foreclosures had other people sign affidavits on their behalf. Since an affidavit is considered sworn written testimony in a court of law, this is what's known as perjury. The last time I checked, that sort of thing is against the law.

OK, back to Meister:

Sure, banks cut corners in dealing with a never-before-seen flood of millions of foreclosures. That's not right -- but it's also not right that 18.9 million homes are vacant and millions of homeowners aren't paying their mortgages.

The lending industry should fight back -- but it's too fearful of being demonized by opportunistic pols.

Good God, I can't take this anymore.

The banks did not just "cut corners." They broke the law. They and their patsies signed countless affidavits without reading them. This is widespread systematic fraud. These SOBs broke the law. They should be placed in handcuffs and sent to prison for the rest of their miserable, worthless lives. Go read Barry Ritholz for a good explanation of why it's simply impossible to chalk this sort of fraud up to just a few technical "oopsies." For those too lazy to read it, it breaks down like this:

  • Private property rights are sacrosanct in any capitalist economy. This is why laws have been written to ensure that when private property is taken away from someone, it is a process filled with all kinds of checks and balances.
  • This is why banks have to send out notices of delinquency, default and foreclosure to people whose houses they're going to take. It's also why banks must sign sworn affidavits attesting to the fact that they do own the property. Furthermore, a notary public must affirm that the person who claims to have signed the affidavit really did sign the affidavit.
  • If a bank hires someone to sign an affidavit who hasn't read it -- or, even better, if they're hiring someone to forge an attorney's signature on an affidavit -- then that is fraud. And if the notary public signs off on this without confirming who has been signing documents, then that public official is aiding and abetting fraud.

As Ritholz notes:

The verification of the specific data that is mandated legally is not taking place by bank executives. Reviewing a file can take anywhere from, 20 minutes to well over an hour. Yet some bank employees are testifying that they have signed off on as many as 150 per day (Wells Fargo) or 400 per day (Chase).

It is impossible to perform that many foreclosure reviews and data verifications in a single day. The only way this could happen is via a systemic banking fraud that orders its employees to violate the law.

And there you have it. Our financial institutions are engaging in massive fraud and flagrantly breaking the law. But Wall Street lackeys like Mr. Meister (sounds like a band name!) say that this is perfectly OK, because, well shoot, laws were just meant for the little people, not our precious corporate masters.

If you want to see the destructive real-world impact of the "rich-people-are-special" ideology at work, I don't think you can find a better example.

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23 Comments
Handypants's picture

They are banksters in the same vein as gangsters.

We have all this fear of terrorists but no defense against economic terrorists acting outside of the law.

These banksters have their own law - profit at any cost.

Too big to fail, needs us to bail them out and with that in mind - above the law.

I have pitchforks sharpened and torches ready.

Grrrrr


"I know that there are people who do not love their fellow
man, and I hate people like that!
" ~ Tom Lehrer (1928 - )

...the pro-corporate idiocy of the slavish Right seems to resonate with voters this year, who seem more than happy to simply switch their brains off and listen to Republicans tell them that Democrats... who had such huge majorities the Republicans "are blameless"... are to blame for all their ills.


Final Bush tally: 10,300+ DEAD
(3,000 on 9/11. 4,500 in Iraq, 1000 in Afg. 1,800 in Katrina.)
Debt: $11.3 Trillion
$4.00 gas; $147 oil.
Osama bin Laden still on the loose.
MISSION ACCOMPLISHED!

metman's picture

He has great conern for the paniced buyers. Oh really. Well guess what, if someone buys a house from a bank, then the bank gets taken to court by the forclosed former owner, and the owner wins because of massive fraud on the part of the bank, the buyer is sol and soh (shit outta house). And if on top of that, he couldn't get title insurance because the insurers stopped covering forclosure sales because of the aformentioned fraud, the paniced buyer is also out whatever money he has given the realestate agent, bank, and laweyers. So guess what, you selfish bastard, the government is protecting buyers too. The only people that aren't being protected are the defrauding, aka criminal, bankers. This man deserves to have his home stolen.

MountainMan23's picture

And this applies equally to ANYONE currently making monthly payments on a mortgage.

If their mortgage has been sliced and diced beyond recognition, they never will have proof of ownership.

They will not be able to sell the house unless some judicial solution is found for this mess.


Two things are infinite: the universe and human stupidity;
and I'm not sure about the universe.

-- Albert Einstein

ysbaddaden's picture
)O(

Diabolus est Deus Inversus

Loonie's picture

You cannot show someone that which they refuse to see.

Handypants's picture
...

"Nothing in all the world is more dangerous than sincere ignorance and conscientious stupidity."

Martin Luther King Jr. (1929 - 1968), Strength to Love, 1963

http://www.quotationspage.com/quote/24972.html


"I know that there are people who do not love their fellow
man, and I hate people like that!
" ~ Tom Lehrer (1928 - )

Land fraud. The E-Z money mortgage that puts you in way over your head, so you ultimately lose your home, and then it can be bought for a song or resold. Turnover is a great way to make lots of money, isn't it?

I always thought that this outcome, massive foreclosures, people thrown into the street, was the real goal of Bush's 'ownership society'--was I wrong?

Phylter's picture

Why the banks have billions in reserve and aren't lending, they're holding it in reserve for the lawsuits etc.

mortgage lenders to simply "review" the mortgages, fix them and CONTINUE FORECLOSING!!!!

That would be the Obama Administration's "federal regulators":

http://www.washingtonpost.com/wp-srv/sectionf...

Even Obama's Little Timmy has come out to say that a National Moratorium On Foreclosures would be "VERY DAMAGING":

http://thepage.time.com/2010/10/12/geithner-n...

Rich H's picture

I'm pretty sure the only reason that bill wasn't signed was because the professional left reported on it.

Quasi's picture

In case they spill ink on their pants, I presume.

Powkat's picture

when the bank sends someone to 'change the locks' on the wrong house and the lock changer gets blown away by the homeowner? Isn't defense of your home justifiable homicide.? Myself I would just call the cops and insist that the person be arrested and file suit against everyone in sight. but there are an awful lot of guns floating around out there - especially in FL. I know my elderly uncle always kept a loaded pistol (we were all terrified he was going to shoot himself or someone else) in his house.

mozan's picture

If they come into my house they are dead.

mozan's picture

If the bank or other people can't prove ownership with legal paper work the county should put a tax lien on the house and sell it for taxes owed. That way the title is clear and we raise money to pay for local needs.

savannah43's picture

the taxes have to be unpaid for 4 years before a tax sale is held. Ever notice how NOTHING is as simple as it should be?
Another thing: If a bank/mortgage holder forecloses, they become responsible for the property taxes. That's why foreclosures take so long. The banks want the tax liability to accrue to the home owner for as long as possible. So, why the big move now to foreclose on as many properties as possible? Who's buying them? The Queen of England? Arabs? China? Who?

Steve E's picture

is on the Chinese. We got them coming here in droves. They get a fast track in immigration through incentives from government if they buy a business or start one. They have a tendency towards buying mining property and bringing in their own people to run them as well as work at jobs that can be filled by local people which should be a bone of contention. On top of that, they can possibly charge 25k to 50k per person for the chance to work and immigrate. I believe this is a scandal ready to pop.

Rich H's picture

I seriously don't know where your getting your information from. An invasion of Chinese -hoards coming ashore at 25 to 50k a pop? That's just nuts. Take it from someone who knows.

Steve E's picture

our Commander in Chief is gonna take care of all this mess and misunderstanding. I bet he is on a conference call right this very minute with the CEOs of all the TBTF banks sorting out all this paperwork fuss with Timmy at his side. They probably sent Liz Warren out to get a six pack and pizza just to keep her, shall we say, occupied, for the time being. It's a given, Barry's main concern is the stability of our financial system and the Nation's health, not to mention the millions of worried home owners and their families and especially the ones that are now out in the street due to mistakes in documentation and aggressive foreclosure actions. Tarp Two anyone? Or maybe a little compromising will do? Keep that "Hope and Change" alive Barry. Oh, and I'm sure Barry will be congratulating these captains of finance on their latest round of record breaking bonuses just announced today.

Peter G's picture

a very good reason for making sure paperwork on a foreclosure is meticulously and properly executed. Without clear title the house is unsellable or, at best, must be heavily discounted to find buyers that are willing to accept the risk. Low prices like that can drive down local values that can put mortgages on adjacent properties underwater. That being said, the two cases cited, in which neither homeowner lost anything does not justify suspending foreclosures for any extended length of time. It will have very adverse consequences. It will encourage people who are capable of paying their mortgages, despite it being underwater, to walk away and that will make the whole problem worse. Much much worse.


Never attribute to malice...

I'm sorry but I am now going to call out all those who said to me and others here we couldn't an shouldn't have allowed the banks fail to step forward and apologize to all of us who said let them fall. A number of us argued saving them only allowed incompetent and corrupt money to continue and sure enough the proof is now in. As it turns out the ass hat banks being allowed to survive may well be the nail in the US's coffin.

Max Keiser Tells IT Like It Is

Foreclosure-Gate: death of many US banks, devestation of home sales market, death blow to economy

BOB CHAPMAN: BOMBSHELL TRUTH ABOUT FORECLOSURE FRAUD 10-7-2010

All who said we had to save the banks to avoid a 2nd depression, you were wrong, letting them survive is going to make the 2nd depression happen, now it's time to admit it and apologize to those of us who said so and gave us so much flack for our position.


"What the hell are you doing in the bathroom day and night? Why don't you get out of there and give someone else a chance?" -Igor

ronhohn's picture

..." too many regulations" [Repug]

matzpen's picture

When government is run like a business, you get what you pay for, then we enter novelist-philosopher Ayn Rand’s objectivist ideal, a world where "individualism" reigns, yet the individual and community suffers.
http://sherrytalksback.wordpress.com/2010/10/...