Janet Tavakoli
President, Tavakoli Structured Finance
HOW TO THWART THE ASSASSINS OF THE AMERICAN DREAM
Arianna Huffington's new book, Third World America: How Our Politicians are Abandoning the Middle Class and Betraying the American Dream, paints a grim picture of the State of the Union:
"Every day, Americans, faced with layoffs and tough economic times, are forced to use their credit cards to pay for essentials such as food, housing, and medical care --the costs of which continue to escalate. But, as their debt rises, they find it harder to keep up with their payments. When they don't, banks, trying to offset losses in other areas, turn around, hike interest rates, and impose all manner of fees and penalties..."
Third World America, (P. 77)
Top subprime lenders included Wells Fargo; Countrywide, purchased by Bank of America; Washington Mutual, now part of JPMorgan Chase; CitiMortgage, part of Citigroup; First Franklin (now closed), purchased by Merrill Lynch, which was purchased by Bank of America; ChaseHome Finance, JPMorgan Chase; Ownit, partly owned by Merrill Lynch, which was later purchased by Bank of America; and EMC, part of Bear Stearns, which was purchased by JPMorgan Chase. Most of the rest depended on massive loans from Wall Street. Many of these lenders were sued by states for fraud and paid billions in settlements.
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WHAT DID THE BANKSTERS KNOW ABOUT OUR ACTOR OBAMA THAT WE DIDN’T KNOW?
Records show that four out of Obama's top five contributors are employees of financial industry giants - Goldman Sachs ($571,330), UBS AG ($364,806), JPMorgan Chase ($362,207) and Citigroup ($358,054).
WHO ARE OBAMA'S PAYMASTERS?
“Obama's rhetoric covered the whole financial industry, but the key changes will affect only a few high-profile players, including JPMorgan Chase & Co., while sparing investment banks like Goldman Sachs Group Inc.”
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Lou Dobbs Tonight
Thursday, July 9, 2009
And Harvard economics professor JEFFREY MIRON will weigh in on the state of the U.S. economy—and why the only plausible argument for bailing out banks crumbles on close examination.
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"There is a populist and conservative revolt against Wall Street and financial elites, Congress and government," Democratic pollster Stanley Greenberg warned in an analysis this week. "Democrats and President Obama are seen as more interested in bailing out Wall Street than helping Main Street."
Wall
Street, White House blame homeowners in foreclosure crisis
By
Tom Eley
16 October 2010
16 October 2010
Wall Street has raised its voice
against any government moratorium on foreclosures, even as evidence mounts that
banks systematically and illegally falsified documents in order to expedite
hundreds of thousands, or even millions, of foreclosures.
Documented examples of abuse include
banks hiring contractors and what one Goldman Sachs executive referred to as
“Burger King kids” to process thousands of foreclosure documents per week, all
the while declaring to courts they were familiar with the cases. Lenders also
falsified signatures, notary stamps, and tossed legal documents into the
garbage. Every major bank is implicated in the widening scandal.
Yet to the barons of Wall Street these
examples of law breaking—what a number of state attorneys general have called a
“fraud on the court”—are immaterial, and those who were evicted deserved their
fate.
Jamie Dimon, CEO of JP Morgan Chase,
whose bank is implicated in the scandal, said this week in a conference call
that there have been no accidental evictions. “We’re not evicting people who
deserve to stay in their house,” the multimillionaire banker declared.
“If you didn’t pay your mortgage, you
shouldn’t be in your house. Period,” Walter Todd of the investment advisory
firm Greenwood Capital Associates, told Reuters.
“Everyone’s responsible for following
the law. If we all don’t have to pay our mortgage, should we just stop paying
taxes, too?” said Anton Schutz, president of Mendon Capital Advisers. Everyone
has to follow the law except the banks, that is. Schutz added, “Your mortgage
didn’t get to a robo-signer by accident, it’s because you’re not paying.”
As Paul Krugman of the New York
Times notes, “In effect, they’re saying that if a bank says it owns your
house, we should just take its word. To me, this evokes the days when noblemen
felt free to take whatever they wanted, knowing that peasants had no standing
in the courts. But then, I suspect that some people regard those as the good
old days.”
Krugman attempts to distinguish these
claims by Wall Street with the position of the Obama administration, whose
opposition to a moratorium on foreclosures the Times columnist suggests
is a policy mistake. In fact, the White House is of one mind with the banks.
In spite of mounting popular anger
toward Wall Street—and the upcoming off-year elections—the Obama administration
this week categorically ruled out any national moratorium on foreclosures,
instead encouraging banks to review their own practices and carry through with
foreclosures “as quickly as possible,” according to the Washington Post.
According to Fox News reporter Charlie
Gasparino, an administration official “bragged” to him that Obama “could have
publicly supported the foreclosure moratorium, and unleashed Attorney General
Eric Holder to join state attorney generals, investigating the alleged fraud in
the foreclosure process—but Obama didn’t after hearing from banks that the vast
majority of people being foreclosed upon aren’t the victims of fraud and have
defaulted on their mortgages.”
The banks’ policy was also spelled out
by Obama spokesman Robert Gibbs this week. “If there’s an empty house in the
neighborhood that somebody has a contract on and their closing date is next
week and there is a moratorium, that closing doesn’t happen, right?”, Gibbs
asked. “That sale doesn’t happen. That recovery doesn’t take place.”
Meanwhile, it is now clear that the
voluntary moratoriums on foreclosures put in place by Bank of America, JP
Morgan Chase, and Ally Financial apply only to sales and evictions, and not to
other parts of the foreclosure process, which continue unabated. However, the
three banks are reportedly continuing foreclosure sales at a number of
locations, including Jacksonville, Florida.
“It’s a farce,” said April Charney, a
Jacksonville-area legal aid attorney and an expert on the foreclosure crisis.
“We’re all being played.”
The mortgage foreclosure scandal
continues to deepen and spread, implicating the government as well as the
banks.
Federal agencies tasked with monitoring
the bank mortgage industry, including the Federal Reserve, the Office of the
Comptroller of the Currency, and the Office of Thrift Supervision, did nothing
to stop the abuses, even though these were clearly not isolated, but systemic
problems.
“[T]here’s no sign these agencies did
anything to stop any of these institutions from treating the country’s courts
so contemptuously,” notes Bloomberg’s Jonathan Weil. “Perhaps the regulators
were clueless. Or maybe they knew there was a problem and decided to let the
banks run wild in the interest of keeping their foreclosure mills humming.”
Weil notes that Indy Mac Bank was
actually controlled by a federal agency, the Federal Deposit Insurance
Corporation (FDIC), while it engaged in the illegal processing of foreclosure
documents.
Courts are also implicated. Florida’s
legislature last year allocated $9.6 million to create special foreclosure
courts in which judges play the role of “robo-signer.” One of these judges is
Victor Tobin of Broward County. The Washington Post this week found
Tobin “signing off on uncontested foreclosure cases as fast as a clerk could
keep them coming, only a few seconds per file. ‘Batter up,’ he said as he
finished one stack and eyed the next.”
The rampant falsification of loan
documents has now raised doubts over the solvency of the entire mortgage
security industry. The “robo-signers” basic task was to supply affidavits to
courts in lieu of the actual documents related to ownership. In many cases,
this paperwork may not exist or may be lost.
During the housing bubble, when the
finance industry relentlessly promoted home refinancing and teaser-rate
mortgages, the resulting loans were packaged and sold in complex chains of
transactions that spanned the globe, building up enormous personal fortunes in
the process.
When this Ponzi scheme inevitably
collapsed, the legal paperwork to lay claim to properties was not there. “Now
an awful truth is becoming apparent: In many cases, the documentation doesn’t
exist,” Krugman notes. “The trusts were legally required to obtain and hold the
mortgage notes that specified the borrowers’ obligations. But it’s now apparent
that such niceties were frequently neglected. And this means that many of the
foreclosures now taking place are, in fact, illegal.”
According to analysts, it is likely
that lenders will face a tidal wave of lawsuits, not only from defrauded
homeowners, but also from powerful investors who purchased mortgage-backed
securities from them.
On Thursday, the stocks of major US
banks suffered sharp losses as result of renewed concerns over their solvency
stemming from the mortgage foreclosure crisis. Wells Fargo, Bank of America,
and Citigroup finished the day down more than 4 percent. The fall continued on
Friday, with BOA and JPMorgan Chase shares falling more than 3 percent.
Spreads on bank credit-default swaps
also grew sharply, with BOA’s reaching levels not seen since July 2009. The
cost of insuring bank debt increased by over 6 percent during the week.
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Wsws.org… get on their free no ads E-NEWS!
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“Wells Fargo, for instance, which has leeched $25 billion in bailout
money, bought an inadvertently hilarious full-page ad in The Times to whine
about the junkets to Las Vegas and elsewhere it was forced to cancel because of
public outrage.” --- Maureen Dowd, NYTimes
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Lou Dobbs Tonight
Monday, November 12, 2007
Mortgage giants Wells Fargo and Bank of America are accused of slapping dubious fees on homeowners struggling to save their homes. With fewer new mortgages being written, these
companies appear to be leaning on these lucrative fees to stay profitable—with devastating consequences for homeowners. We’ll have that report.
Monday, November 12, 2007
Mortgage giants Wells Fargo and Bank of America are accused of slapping dubious fees on homeowners struggling to save their homes. With fewer new mortgages being written, these
companies appear to be leaning on these lucrative fees to stay profitable—with devastating consequences for homeowners. We’ll have that report.
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Bank exec
checked only date on Washington homeowner's foreclosure docs
By ALAN ZIBEL
AP Real Estate Writer
A Wells Fargo executive has
acknowledged that he verified only the dates on up to 150 foreclosure documents
he signed daily.
The executive made his admission in
a May deposition involving a Washington state homeowner. He said he relied on
co-workers to ensure that other information in the documents was correct.
Three other lenders, Ally Financial
Inc.'s GMAC Mortgage unit, Bank of America Corp. and JPMorgan Chase & Co.
have halted tens of thousands of foreclosures after similar practices became
public.
Wells Fargo & Co. is confident
that foreclosure documents involving the bank are accurate, and it has no plans
to halt foreclosures, said Vickee Adams, a spokeswoman for the San
Francisco-based bank. She noted that the Washington homeowner's case was
dismissed.
The deposition of the Fort-Mill,
S.C.-based Wells Fargo vice president, Herman John Kennerty, was reported over
the weekend by AOL Daily Finance and obtained by The Associated Press. Efforts
to reach Kennerty were unsuccessful.
The growing questions about
foreclosure documents could cause thousands of homeowners to contest
foreclosures that are in the works or completed. But analysts say most homeowners
facing foreclosure are still likely to lose their homes.
State attorneys general, who enforce
foreclosure laws, are stepping up pressure on the industry.
On Saturday, Massachusetts Attorney
General Martha Coakley said her office is investigating an "apparent
failure of major creditors to follow state foreclosure law."
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In the wake
of the housing-bubble debacle, a legal morass
By Paul Krugman
Syndicated columnist
American officials used to lecture
other countries about their economic failings and tell them that they needed to
emulate the U.S. model. The Asian financial crisis of the late 1990s, in
particular, led to a lot of self-satisfied moralizing. Thus, in 2000, Lawrence
Summers, then the U.S. Treasury secretary, declared that the keys to avoiding
financial crisis were "well-capitalized and supervised banks, effective
corporate governance and bankruptcy codes, and credible means of contract
enforcement." By implication, these were things the Asians lacked but we
had.
We didn't.
The accounting scandals at Enron and
WorldCom dispelled the myth of effective corporate governance. These days, the
idea that our banks were well capitalized and supervised sounds like a sick
joke. And now the mortgage mess is making nonsense of claims that we have
effective contract enforcement — in fact, the question is whether our economy
is governed by any kind of rule of law.
The story so far: An epic housing
bust and sustained high unemployment have led to an epidemic of default, with
millions of homeowners falling behind on mortgage payments. So servicers —
the companies that collect payments on behalf of mortgage owners — have been
foreclosing on many mortgages, seizing many homes.
But do they actually have the right
to seize these homes? Horror stories have been proliferating, like the case of
the Florida man whose home was taken even though he had no mortgage. More
significantly, certain players have been ignoring the law. Courts have been
approving foreclosures without requiring that mortgage servicers produce
appropriate documentation; instead, they have relied on affidavits asserting
that the papers are in order. And these affidavits were often produced by
"robo-signers," or low-level employees who had no idea whether their
assertions were true.
Now an awful truth is becoming
apparent: In many cases, the documentation doesn't exist. In the frenzy of the
bubble, much home lending was undertaken by fly-by-night companies trying to
generate as much volume as possible. These loans were sold off to mortgage
"trusts," which, in turn, sliced and diced them into mortgage-backed
securities. The trusts were legally required to hold the mortgage notes that
specified the borrowers' obligations. But it's now apparent that such niceties
were frequently neglected. And this means that many of the foreclosures now
taking place are, in fact, illegal.
This is very, very bad. For one
thing, it's a near certainty that significant numbers of borrowers are being
defrauded — charged fees they don't actually owe, declared in default when,
by the terms of their loan agreements, they aren't.
Beyond that, if trusts can't produce
proof that they actually own the mortgages against which they have been selling
claims, the sponsors of these trusts will face lawsuits from investors who
bought these claims — claims that are now, in many cases, worth only a small
fraction of their face value.
And who are these sponsors? Major
financial institutions — the same institutions supposedly rescued by
government programs last year. So the mortgage mess threatens to produce
another financial crisis. What can be done?
True to form, the Obama
administration's response has been to oppose any action that might upset the
banks, like a temporary moratorium on foreclosures while some of the issues are
resolved. Instead, it is asking the banks, very nicely, to behave better and clean
up their act. That's worked so well in the past, right?
The response from the right is,
however, even worse. Republicans in Congress are lying low, but conservative
commentators like those at The Wall Street Journal's editorial page have come
out dismissing the lack of proper documents as a triviality. In effect, they're
saying that if a bank says it owns your house, we should just take its word. To
me, this evokes the days when noblemen felt free to take whatever they wanted,
knowing that peasants had no standing in the courts. But then, I suspect that
some people regard those as the good old days.
What should be happening? The
excesses of the bubble years have created a legal morass, in which property
rights are ill defined because nobody has proper documentation. And where no
clear property rights exist, it's the government's job to create them.
That won't be easy, but there are
good ideas out there. For example, the Center for American Progress has
proposed giving mortgage counselors and other public entities the power to
modify troubled loans directly, with their judgment standing unless appealed by
the mortgage servicer. This would do a lot to clarify matters and help extract
us from the morass.
One thing is for sure: What we're
doing now isn't working. And pretending that things are OK won't convince
anyone.
Paul Krugman is
a regular columnist for The New York Times.
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2003 – AND THE WELLS
FARGO RAPE & PILLAGE ONLY WENT ON AND ON!
DEPARTMENT OF
CORPORATIONS
The San Diego Union
By Craig D. Rose May 3, 2003
Wells Fargo mortgage license is revoked
State takes action over interest dispute
Citing a pattern of overcharging borrowers,
state regulators yesterday revoked the mortgage lending license of Wells Fargo, but the bank will continue
to make and service loans under federal jurisdiction.
The California Department of Corporations said
Wells Fargo, the state's largest mortgage lender, has been charging consumers
interest for days disallowed by state regulation.
"Wells
Fargo charged consumers interest on their mortgages more than one day before
being recorded, an admitted violation of California law," said Demetrios
Boutris, state commissioner of corporations. "If Wells Fargo is not going
to abide by California's laws, it has no right to California's licenses."
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“Wells
Fargo said last month that first-quarter profit jumped 53 percent from a year
earlier as borrowers rushed to refinance mortgages amid record-low interest
rates.”
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