
Three major banks have halted foreclosures in 23 states because of flawed document preparation. In some cases, there is even doubt that banks held the title to the homes they are foreclosing on.
That alone shows the level of shenanigans that were going on when Wall Street became overly involved in turning homes into commodities to be sold and traded.
Now, President Obama has refused to sign a bill that would allow foreclosure documents to be accepted by multiple states. And he shouldn't until this mess gets straightened out. Too many lives and livelihoods are at stake.
According to The New York Times:
The bill would have mandated that notarizations of mortgages and other financial documents done in one state, including those done electronically, be recognized in other states. By the time the bill arrived at Mr. Obama's desk, however, it was caught in the controversy over major institutions' acknowledgment of problems in processing documents for tens of thousands of foreclosures. Those included suspected forgeries and notaries' failure to review the paperwork as required.
"That is why we need to think through the intended and unintended consequences of this bill on consumer protections, especially in light of the recent developments with mortgage processors," White House communications director Dan Pfeiffer wrote in a blog posting.
The bill would have allowed lenders to rush the mortgage process. What has become more and more clear is that the foreclosure process needs to be slowed down.
There should be a thorough investigation into the loan documents that homeowners signed. I'm sure we would find documents where homeowners' income and other assets were exaggerated in the rush to get people into homes they couldn't afford so that those mortgages could then be sold on Wall Street.
What this is boiling down to is people being victimized multiple times. First, potential homeowners were sold overpriced homes and sold the idea that home prices would rise forever as a justification for purchasing those homes. The media and Wall Street pushed homes as immediate investment instruments, which they are not.
Homeowners were then sold mortgage products that were not in their best interests or that they couldn't afford. They were sold these products because brokers were being rewarded and banks were shipping these mortgages off to be sold on Wall Street. Previously, banks were clearly interested in giving out mortgages to people who they felt were extremely safe bets to repay that money over time.
And when homeowners were no longer able to afford these homes, banks refused to modify the terms or lower the home value to reflect the accurate value. In their rush to repossess the homes, the banks did such shoddy paperwork that people's right to have the proper process followed was violated.
All Americans were affected by the fraudulent mortgages but minorities were particularly affected via the sub-prime mortgage crisis.
A 2007 study from Harvard's Joint Center for Housing Studies found that 46 percent of Latinos and 55 percent of African Americans received sub-prime mortgages in 2005, compared with 17 percent of whites. A 2007 study from the National Community Reinvestment Coalition found that middle-and-upper-income African Americans were twice as likely to receive higher interest rates as whites with similar incomes.
African Americans and Latinos already have 10 cents of wealth for every dollar of their white counterparts and are less likely to have investments in the stock market or opportunities for inter-generational transfers of wealth. For whites, home equity represented 43 percent of wealth, while the same figure was 63 percent for African Americans.
For blacks and Latinos, the loss of a home can equal a permanent loss of wealth and a lost opportunity to transfer generational wealth.
Attorney General Eric Holder said the Financial Fraud Enforcement Task Force, created by Obama, is examining the growing number of foreclosure fraud cases. That task force should get high priority. Current and future homeowners deserve answers and those who committed foreclosure fraud should be punished.


Comments: (9)
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By: paul on 10/08/2010 6:09PM
Don't make more out of this than there is. There's no question that these are legitimate foreclosures where people are behind in their payments. It's just a technicality about who actually owns the mortgage (and thereby who can actually foreclose on the delinquent property owner) once it's being traded like a stock on the electronic mortgage database (MERS).
They're picking nits and stalling. Ultimately it will just end up costing more for the rest of us to get a mortgage.
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By: wlsnfra on 10/20/2010 3:39PM
I think you need to do some more research instead of just spouting off the top of your head. The Mortgage Co's were using unsuspecting buyers just like the used car lots do. Let's turn this puppy over a few times and see how much we can make off of it. You just don't realize what was goining on behind the scenes. Unlicensed Loans Officers finalizing documents, errors of omission up the ying-yang. Go back to the drawing board before you try to influence too many more people.
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By: paul on 10/12/2010 9:58AM
@wlsnfra:
What you say is true, but that's not what this article is about. The bill he didn't sign was trying to make the laws catch up with technology, and streamline the processing of all the foreclosures that are backing up in the current system.
Tackling the root cause, which is greed, is another matter. And I mean greed on both sides - the banks/mortgage writers, and the people who were trying to get more house than they could afford.
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By: nella jones on 10/08/2010 9:22PM
we had applied for a modification loan with washington mutual we sent all paperwork in , a ton of it. chase manhattan purchased wash mutual and all our paperwork disappeared. chase wanted 2300.00 per month to make up payments missed. we had been told not to make any payments that they would be incorporated into the new loan.this was from the modification company that was supposed to be negotating for us to get the best loan/rate.we found out that they went out of business when we couldn't reach them! our home sold on dec 11 2009 on the courthouse steps. we offered 80% of the appraisal, 115000.00 they refused. it sets empty, for 10 months now and is so full of mold that it would cost 10-15 thousand just to clean that up!
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By: alie on 10/09/2010 10:08AM
What happens know are you now homeless?
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By: rasfanta on 10/09/2010 6:21PM
This is the low that american capitalism has sunk. First of all, housing is a right not a privilege. Just like health care. They have no business trading in housing and turning housing into a commodity to be traded on the market. Second, the degree of usury is what makes people unable to afford the mortgage as well as the tax and insurance. Why is it that for a $1000 per month mortgage, only $200 goes towards the principle? Local governments have no business balancing their budgets on the backs of people indebted already for their homes. Third - why do the home "owners" have to pay for homeowner insurance? You don't "own" the home until it is paid for and can be put out of the house if the mortgage is not paid. The banks should be insuring their own property. This system is wrong on so many levels. What happened to housing in this country is disgraceful. How could the government have allowed the private takeover of the american dream, the so-called foundation of america? The simple law of supply and demand did not cease to apply. With all the building that was going on, how could they not know there would be a glut on houses and everyone would be effected. The principle amounts on each and every home in america should be cut to current market levels and all mortagages refinanced. The banks need to feel the consequences of their rip off. Why do the people have to feel their pain? WTF happened? How is it that my parents, who made far less money than I have; raise >7 children without food stamps or welfare; mom working part time outside the home and still be able to pay off their mortgages, years before retirement? (and for you cynics, my dad was not a theif or a drug dealer).
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By: Al on 10/12/2010 11:49PM
Sir or madame, you seriously should visit this site and get informed. Black Quill and Ink - www.blackquillandink.com
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By: Al on 10/11/2010 10:46AM
Sir or madame, you have clearly bought into the liberal dogma of what are rights and what are privileges. FYI, rights come from God and he promises that He will not change or diminish then. Privileges come from man, who gives no such promise of not changing. Since man created, as you say, a right to housing and health care, then, now, he has a right to take them away as clearly he is doing. You need to open your perspective. A great place to start is a blog that I know about, Black Quill and Ink (www.blackquillandink.com) There you will find the: "truth" that you so desperately need. Take care.
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By: paul on 10/11/2010 11:30AM
It sounds like your dad had a handle on the concept of not living beyond his means, unlike your typical present-day American. He probably didn't have a cell phone, or drink $4 coffee, or pay for TV, or drive a new car, or wear the latest clothes every day.
And the reason only $200 goes toward principal is INTEREST. If you don't want to pay interest, it's simple - don't borrow money. Just think how few 'homeowners' there would be if everyone had to pay cash for their house. 95% of people would be paying rent to the richest 5% with no chance of building equity.
Our dreaded capitalism has made us so prosperous we've lost touch with reality. I'll bet your dad appreciated housing and health care as the privileges they are.
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