PwC faces record $5.5bn lawsuit over mortgage underwriter collapse

Oh yeah, and it was all the homeowners’ fault… Give me a break! Gotta be on the take to believe homeowners had anything at all to do with this scheme!

justiceleague00's avatarJustice League

The big-four audit firm PwC is being sued for $5.5 billion over its failure to detect a fraud that resulted in a bank collapse during the global financial crisis of 2008-2009. This is the biggest lawsuit in PwC history.

The complainant is Taylor, Bean & Whitaker (TBW), which was a top-10 wholesale mortgage lending firm. The trustees of the company are accusing PwC of negligence in their audits of TBW’s lender, Colonial Bank.

In an agreement between the top management of the borrower and the bank, starting from 2002, TBW chairman Lee Farkas sent mortgage data to Colonial Bank for fake loans or those the company had already committed or sold to other investors. By the end of 2007, the scheme had helped the bank accumulate about $1.5 billion in fake or impaired loans.

Read on.

View original post

Can a Future Financial Crisis Be Prevented?

justiceleague00's avatarJustice League

The fifth of a sixth part McCuistion TV program series aired recently. The series, a collaboration with the National Center for Policy Analysis Financial Crisis Summit, featured two of my Bank Whistleblowers United colleagues, William K. Black, Michael Winston and me.

View original post

About Those PSA Signatures

Finally, we’re beginning to recognize the importance of UETA and eSign! DeadlyClear has provided several posts regarding electronic signatures in the past years. While the failure to obtain explicit authorization pursuant to the law may not invalidate the transaction – it does shed light on the fact that these were securities transaction – because securities are allowed to be electronically transferred…but not mortgage promissory notes – at least not without “explicit agreement” by the issuer (obligor) – and that never happened before 2008.

See https://deadlyclear.wordpress.com/2013/10/05/is-the-promissory-note-even-enforceable/

See also: https://deadlyclear.wordpress.com/2013/04/27/mers-too-many-dead-ducks/

Unknown's avatarLivinglies's Weblog

What is apparent is that the trusts never came into legal existence both because they were never funded and because they were in many cases never signed. Failure to execute and failure to fund the trust reduces the “trust” to a pile of ashes.

THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.

—————-
From one case in which I am consulting, this is my response to the inquiring lawyer:

I can find no evidence that there is a Trust ever created or operational by the name of “RMAC REMIC Trust Series 2009-9”. In my honest opinion I don’t think there ever was such a trust. I think that papers were drawn up for the trust but never executed. Since the trusts are phantoms anyway, this was consistent with the facts. The use of the trust as a Plaintiff…

View original post 1,071 more words

David Dayen: Tom Miller Pens Love Letter to Settlements with Financial Fraudsters

When will they ever learn?

Unknown's avatarLivinglies's Weblog

Tom Miller Pens Love Letter to Settlements with Financial Fraudsters

By David Dayen, author of Chain of Title: How Three Ordinary Americans Uncovered Wall Street’s Great Foreclosure Fraud.

You could spread around a lot of blame for the current state of our two-tiered system of justice and lack of accountability, particularly as it relates to the financial sector. But if you wanted to find the most pathetic figure involved in that whole rigamarole, all roads lead to Iowa Attorney General Tom Miller.

As a refresher for non-obsessives, Miller was the somewhat highly regarded law enforcer put in charge of the 50-state Attorney General investigation after revelations around the end of 2010 that mortgage servicing companies, mortgage-backed trustees and their law firms were issuing false documents in foreclosure cases on a mass scale to cover up busted chains of title on securitized…

View original post 1,046 more words

Bank of America to Defend Racketeering Claims

‘Bout damn time.

justiceleague00's avatarJustice League

(CN) — Homeowners can sue Bank of America for claims it feigned compliance with a mortgage assistance plan that was a condition of the bank’s $45 billion bailout in 2008, the 10th Circuit ruled Monday.
Bank of America hired Urban Settlement Services dba Urban Lending Solutions to administer its Home Affordable Modification Program, or HAMP.
The bank was required to participate in HAMP as a condition of receiving a $45 billion bailout from the federal government to shore up the bank’s bad loans during the 2008 financial crisis. The government also guaranteed $118 billion in potential losses at the bank.
HAMP required Bank of America to collect financial information from at-risk borrowers, and evaluate their eligibility for a loan modification that would allow them to pay a lower interest on their mortgage.
The program allowed eligible borrowers to enter a trial period plan to demonstrate their ability to make lower…

View original post 39 more words

George Soros Hacked, Over 2,500 Internal Docs Released Online

Oh, this ought to be priceless. Hope Michael Perry (former IndyMac CEO) is following DeadlyClear – karma takes time. After NY Senator Chuck Schumer’s negative remarks about IndyMac, it started a “run” on the bank and Soros’ friends George Soros and Micheal Dell just happened to be in the wings to come in and buy the bank up from the FDIC. IMHO it appears Sen. Schumer ushered in the 2008 financial meltdown – which ultimately helped increase the wealth of his donor friends – one of which was George Soros. Are you smiling just a little bit, Mr. Perry?

justiceleague00's avatarJustice League

Can be assessed on DCLeaks website.

View original post

Appeals Court Challenges Cal. Supreme Court Ruling in Yvanova/Keshtgar

Absolutely correct. And where in the trust does it give a trustee the power to sue? Many (or even most) of the trusts say that the Trustee has no liability or responsibility for the quality or performance of the underlying loans. It appears the process requires the servicer or seller to buy back the defective loan at face value in order to initiate a foreclosure.

Unknown's avatarLivinglies's Weblog

The Court, possibly because of the pleadings and briefs refers to the Trust as “US Bank” — a complete misnomer that reveals a completely incorrect premise. Despite the clear allegation of the existence of the Trust — proffered by the Trust itself — the Courts are seeing these cases as “Bank v Homeowner” rather than “Trust v Homeowner.” The record in this case and most other cases clearly shows that such a premise is destructive to the rights of the homeowner and assumes the corollary, to wit: that the “Bank” loaned money or purchased the loan from a party who owned the loan — a narrative that is completely defeated by the Court rulings in this case.

see B246193A-Kehstgar

It is stunning how lower courts are issuing rulings and decisions that ignore or even defy higher court rulings that give them no choice but to follow the law. These courts…

View original post 812 more words

Forbes: Fannie, Freddie Could Need as Much as $126 Billion in Crisis

Unknown's avatarLivinglies's Weblog

555 “[It was] the poverty caused by the bad influence of the English bankers on the Parliament which has caused in the colonies hatred of the English and . . . the Revolutionary War.” – Benjamin Franklin

Fannie and Freddie have reportedly been cash-cows for the federal government who have allegedly held the quasi-governmental guarantors hostage during eight-years of government receivership.   Fannie and Freddie have returned to the Treasury over $60 billion more than they received in the bailout. But the amount they owe to the government remains outstanding.  It is likely that the tax payer is being prepped to dole out another bail-out for the profitable GSE’s that insure trusts that are empty or no longer exist.

Fannie and Freddie are antiquated dinosaurs that contributed to the foreclose melt-down.  As nothing more than guarantors for empty trusts, they routinely attempt to foreclose on homes they don’t own and loans that…

View original post 546 more words

Do you want a National Mortgage Registry system?

Over 72 million families (based on 2.5 per household – that’s 180,000,000 constituents) have been negatively affected by Mortgage Electronic Registration Systems, Inc. and its parent company MERScorp Holdings, Inc. Too many to count foreclosures have resulted over the past decade with forged assignments documents allegedly signed by Mortgage Electronic Registration Systems, Inc. (MERS) employees who actually work for someone other than MERS.

Many of the homeowners who have bought a home or refinanced a home since 2002 will find Mortgage Electronic Registration Systems, Inc. listed as the “nominee” mortgagee in their mortgages – and they don’t even know it. Now, the federal government is proposing a “National” mortgage registry system – and one would have to wonder why?

Please consider voting your opinion. 

Sorry you lost your home: Americans deserve more than an apology for the foreclosure fraud epidemic

justiceleague00's avatarJustice League

Despite talk of “recovery,” former homeowners remain scarred after their government abandoned them

DAVID DAYEN

“I lost my home of 30 years to fraudclosure.”

“I have been fighting this bank for over five years now. I am finally losing everything to their fraud.”

“We feel captive in our own home.”

This is a sampling of what I have awakened to practically every day for the past few months, since my book “Chain of Title: How Three Ordinary Americans Uncovered Wall Street’s Great Foreclosure Fraud” came out. Hundreds of people have emailed me, sent me letters, attended my public events, to relate their personal horror stories of foreclosure and dispossession. They come from across America, from different social and economic backgrounds. Some lost everything, and some haven’t given up.

They contact me, a non-lawyer who has only written about and not participated in their struggle, because they have been abandoned, by…

View original post 292 more words