In the process of research for a homeowner in the throws of foreclosure hell, albeit stayed in moratorium for the purposes of COVID as a “Federally backed mortgage loan” pursuant to the 2020 Coronavirus Aid, Relief, and Economic Security Act (CARES Act), a little unknown gem of information surfaced.
It’s just an observation, but it certainly appears that foreclosure judges have been given orders to squash homeowners like a bug at the lower court level and if they can afford to appeal – maybe, just maybe, they might get some fair and balanced justice. The process so far has been highly unbalanced. Whether foreclosure judges are just not competent enough to understand the securitization, rehypothecation and securities scheme, or whether they’ve been told by higher-ups that if they don’t rule against homeowners all their pensions will be lost or the economy will crash – it’s just a bizarre and pathetic state of mind. Continue reading →
Bankruptcy, like foreclosure, has become a production business. While nontraditional mortgage loans (NTMs) and foreclosures are the products of a patented scheme, bankruptcy is more of a legislated racket. Bankruptcy and foreclosure structures have attorney “mills” operating as a business by shuffling humans througha cattle car-like process, both systems personally affect the individuals and their families – and both are tragedies.
The reason for the comparison is although they both have federal oversight in common – only one has a tough and powerful specialized court system. Even with a tough bankruptcy court, evil shysters and psychotic scammers materialize to pick every last morsel off of the carcass. [There is comfort in knowing Karma is never late]. Continue reading →
Years of high investment returns at Madoff Securities left bankers in the London office of JPMorgan Chase skeptical of the methods of company chief Bernard L. Madoff. While the bank reported its suspicions to British authorities in 2008, it never said a word to anyone in Washington, the Justice Department says.On Tuesday, Madoff’s primary banker agreed to pay federal prosecutors and regulators more than $2 billion to resolve criminal charges that it failed to alert the government about Madoff’s Ponzi scheme. [Read more HERE]
In search of Continuing Legal Education credits I wandered into a different world last Thursday and Friday at the American Conference Institute’s Residential Mortgage & Regulatory Conference, Dallas, TX. The people at the conference, mostly lawyers for institutions seeking to eject people from their homes, were clearly human beings; Mostly youngish (under 55). Except for a token two-person panel representing home owners and a group of judges, most of the speakers seemed to agree that there was little need for meaningful judicial involvement in throwing home owners out of their homes. Indeed, many appeared indignant that families would not simply march Continue reading →
When all is said and done the courts come back to the main premise, “Did you pay?”. That is so injudicious on so many levels. The deeper we get into securitization and contract law we soon realize (after dissection) there is one very basic question being ignored – “Is the Promissory Note even enforceable?”
Sheila Bair’s (former FDIC Chairperson) new book, Bull By the Horns, addresses issues that must be taken into careful consideration when considering the validity of foreclosures – and she does it with impressive candor. Sheila separates the MBS into 2 categories: Continue reading →