Deadly Clear

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Deadly Clear

Shocker: U.S. sues former Deutsche Bank head subprime mortgage bond trader for crisis-era fraud

So, let’s get this straight, the dude is “systematically and intentionally” lying about the quality of the subprime loans… the same financial products that they sold to unsuspecting homeowners? So… chances are they were lying to homeowners too, yeah? Seems logical, doesn’t it?

justiceleague00's avatarJustice League

In what can only be regarded as a shocking development, the United States is suing the former head of subprime mortgage trading at Deutsche Bank over “systematically and intentionally” lying about the quality of subprime mortgages that backed nearly $1.5 billion in mortgage-backed securities in the run-up to the crisis.

The lawsuit marks one of only a handful of times the government has gone after an individual for crisis-era mortgage fraud at the systemic level; an untold amount of MBS traders from this era still walk free.

Read on.

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Irma’s Bad but Here Comes JOSE!!! (Bix Weir)

As bad as Hurricanes Harvey and Irma were/are there’s one approaching the East Coast whose destruction destruction eclipse both of them!

You never want a serious crisis to go to waste. And what I mean by that is an opportunity to do things you think you could not do before.” — Raul Emanuel, Chief of Staff for Obama

 

Wells Fargo Strikes Again

Unknown's avatarLivinglies's Weblog

If you want to know why people in all political spectrums are angry enough to blow up stuff consider this: If any of us walked into Wells Fargo Bank and using stolen financial identities opened up a checking account, savings account, credit card account and maybe a few more credit card accounts, upon discovery, we would be accused of bank fraud and sentenced to years in prison.

Add to that total the following: an auto loan, a mortgage loan and creating an old-style “float” using newfangled EFT (eletronic funds transfer) bearing the name “shadow money” in a “shadow banking world.”

Those were all things that Wells Fargo continually committed for the last 20 years giving the false impression that its brand mattered, that they had more business than they really did, that they had mroe accounts —depository and loan accounts — than they really did and all based upon lies…

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Nine years on, another Lehman Brothers bankruptcy

justiceleague00's avatarJustice League

The two affiliates, Lehman Brothers U.K. Holdings (Delaware) Inc and Lehman Pass-Through Securities Inc, were put into bankruptcy as part of a deal that will generate $485 million cash for the Lehman estate, according to court documents.

The affiliates own residential mortgage-backed securities, real estate and stock in First Data Corp (>> First Data Corp), which helps process credit card transactions, among other assets, according to papers filed in the U.S. bankruptcy court in Manhattan. Affiliates of Brookfield Asset Management Inc of Canada (>> Brookfield Asset Management Inc) are buying stakes in the Lehman affiliates, which were put into bankruptcy to carry out the deal.

Administrators have spent years winding down Lehman’s holdings and have distributed around $147 billion to creditors, according to court records.

Read on.

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Damning report finds state agencies wasted millions meant for struggling homeowners

Un-frickin’ real! Families are made homeless while Treasury was partying with the state! Such a life.

justiceleague00's avatarJustice League

A damning new report from a federal watchdog shows that 19 state housing finance agencies wasted millions of dollars that should have gone to struggling homeowners as part of the government’s Hardest Hit Fund program.

The report, published Friday by the Office of the Special Inspector General for the Troubled Asset Relief Program, showed that SIGTARP’s investigation found that the all 19 of the state housing finance agencies that participated in the Hardest Hit Fund collectively wasted $3 million on items like barbecues, steak and seafood dinners, gift cards, flowers, gym memberships, employee bonuses, litigation, celebrations, and cars, instead of using the money to help struggling borrowers.

Read on.

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U.S. 9TH CIRCUIT RULES ROBINS HAS ARTICLE 3 STANDING!

Excellent post! Open for the details:

“The 9th Circuit remanded the case back down to the Central District of California for further action. For those of you in the 9th Circuit states, you should be jumping for joy, because the little guy has won another round. To see the opinion, click the link: Robins v Spokeo Inc, 9th App Cir No 11-56843 (August 15, 2017)

Fannie Mae begins marketing fourth re-performing loan sale

Trump approves MORTGAGE DEBT FORGIVENESS PLAN that Obama couldn’t. Performing loans sold at a loss. #Fanniegate $FNMA

Fannie Mae began its marketing efforts with Citigroup Global Markets for its fourth sale of re-performing loans, or loans previously delinquent, but now performing again. Here are the details of the new pool, which includes about 11,000 loans.

Source: Fannie Mae begins marketing fourth re-performing loan sale

Attorney Linda Tirelli Defines Robo-Signing for Clueless Steven Mnuchin

Make it simple. Robo-signing is forgery. Forgery is a legal term. Hiding GSEs as real party in interest is fraudulent concealment and also a legal term. If Mnuchin understood the rule of law surely he would not have knowingly participated in this corruption. On the other hand, if he knew… well, couldn’t that play the “intent” card? No wonder he got huffy.

Unknown's avatarLivinglies's Weblog

http://www.huffingtonpost.com/entry/attorney-linda-tirelli-defines-robo-signing-for-clueless_us_59824797e4b0396a95c8747e

It seemed like the Treasury Secretary doth protest a bit too much as a Shakespearean drama unfolded at a July 27th meeting of the House Financial Services Subcommittee . Steven Mnuchin, like some wayward damsel in distress, took deep umbrage at Representative Keith Ellison’s (D-MN) suggestion that he was anything but an honest, ethical banker; albeit one who headed up the hyper-controversial OneWest Bank.

The ghosts of banking’s past seemed to surface with a vengeance when the term “robo-signing” — a foreclosure short-cut liberally used by OneWest — was hurled his way by the Congressman. This, in turn, proved too much for the normally passive Treasury boss who decided, like Network’s, Howard Beale, he was angry, really angry and wasn’t going to take it any more.

In prickly fashion he loaded up his blunderbuss and unloaded some lead balls Ellison’s way:

Do you even know what Robo-signing…

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EverBank failed to comply with HUD Face-to-Face Requirements

Unknown's avatarLivinglies's Weblog

EverBank failed to comply with a condition precedent to foreclosure, imposed by HUD regulations, requiring that in the event of payment default, the mortgagee have a face-to-face meeting with the mortgagor, or make a reasonable effort to do so. 
This was a Massachussets Appeal Court case entitled Everbank v. Chacon, that was originally filed in the Chapter 7 bankruptcy court.

The regulation reads, “[t]he mortgagee must have a face-to-face interview with the mortgagor, or make a reasonable effort to arrange such a meeting,” before commencing foreclosure proceedings or acquiring title to the property. 24 C.F.R. § 203.604(b) (2016). See 24 C.F.R.§ 203.500 (2016).

The purpose of a face-to-face interview is to discuss  the possibility of a repayment plan, modification of the mortgage, or other measures that may avoid the need for foreclosure and allow the mortgagor to remain in his or her residence and repay…

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NJ Supreme Court: If Borrower Abides By Terms Of Settlement Agreement, Lender Must Modify Mortgage

As with any of these cases where a defunct originator is noted, it brings to mind Kuehlman v. Bank of America, NA, 177 So. 3d 1282 – Fla: Dist. Court of Appeals, 5th Dist. 2015 where the court in its decision plainly stated: “Lender’s “investor” (Fannie Mae or Freddie Mac), which was not a party to the contracts, instructed Lender to “pull the plug on” (or “not accept”) the modification.”

More than likely, as Fannie is now (since the bailout) the “financial agent for the United States of America,” and it appears the GSEs are feeding the Treasury with the foreclosure (and insurance?) funds used to prop up Obamacare, Fannie may well be the concealed real party in interest in most cases – and pulling the strings in all aspects of modification and foreclosure.

Attorneys have been asserting and ascertaining Fannie’s real role through motions and discovery which has made for a sticky wicket in Plaintiff’s ballpark.

Unknown's avatarLivinglies's Weblog

BlogPete’s Take

 http://www.lexology.com/library/detail.aspx?g=06b8e212-01e0-4a00-aacf-87b6af32b34d
USA August 1 2017

Lawsuits arising out of foreclosures and mortgage modifications are common. (Even more common than lawsuits about gyms or health clubs if you can believe that.) Nearly every day there is a decision from the Appellate Division arising out of a residential foreclosure. Most of these fall into the same category — borrower defaults and loses home through foreclosure then challenges lender’s standing to foreclose after the fact — but some are more interesting. That was the case with GMAC Mortgage, LLC v. Willoughby, a decision released yesterday by the New Jersey Supreme Court involving a mortgage modification agreement entered into to settle a foreclosure lawsuit.

Almost two years ago, I wrote a post about Arias v. Elite Mortgage, a lawsuit over the alleged breach of a mortgage modification agreements. In that case, borrowers entered into…

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