Saturday, August 20, 2011

JPMorgan loses bid to dismiss whistleblower case


(Reuters) - A Manhattan federal judge rejected JPMorgan Chase & Co's bid to dismiss a whistleblower lawsuit by a former private banker who said she was fired in retaliation for warning about a suspicious Israeli client.

Jennifer Sharkey said the August 2009 dismissal from her job as vice president and wealth manager followed her continuous warnings about the client's alleged involvement in mail fraud, bank fraud and money laundering.

She said the dismissal came eight months after the fraud of another JPMorgan (JPM.N) client, Bernard Madoff, was exposed,

According to Sharkey, the Israeli client had various undocumented businesses and unexplained funds transfers, and did business with Colombia despite New York-based JPMorgan's ban on transactions with that country. She also said the client generated about $600,000 of annual business for the bank.

In his decision, U.S. District Judge Robert Sweet on Friday said Sharkey could continue to argue that JPMorgan violated the protections for whistleblowers under Sarbanes-Oxley, a 2002 governance law passed after Enron Corp's accounting fraud.

Protesters invade IndyMac headquarters to demonstrate against foreclosure practices

PASADENA – A group of about 50 protesters Thursday overwhelmed security, jumped turnstiles and briefly commandeered the corporate headquarters of OneWest Bank.

Members of Alliance of Californians for Community Empowerment and Service Employees International Union set up tents and blocked the narrow corridor in front of the employee elevators for several minutes as they chanted loudly in support of Rose Gudiel, who is on the brink of being evicted from her La Puente home.

“I’m here because they refuse to meet with me,” Gudiel said. “I believe I qualify for a loan modification, and they refuse to explain to me why I do not.”

Seven Pasadena police officers showed up to deal with the animated protesters, who ignored several requests to leave the private property. No arrests were made.

The group finally agreed to leave when Vice President Brandon Latman agreed to meet with Gudiel and her family.

Latman came to the front lobby, where he listened briefly to Gudiel’s story before asking one of his colleagues to set up a room with his laptop.

Protesters moved to picket the entrance to the building, while Gudiel met privately with Latman for nearly 20 minutes.

Gudiel said Latman would not tell her if he had the authority to authorize a loan modification. He scheduled a meeting this morning between Gudiel and “people with more authority,” she said.

“We asked him if he could postpone the eviction until the paperwork can be reviewed,” she said. “He said no.”
Check out the rest

Biloxi Buzz for Saturday




BofA Said to Weigh Foreclosure Pact That Allows New York Probe


Bank of America Corp. (BAC) may settle a state and federal probe of foreclosure practices in a deal that lets New York proceed with an inquiry into securitizations, according to two people with direct knowledge of the talks.

The firm may pursue an accord with most of the 50 stateattorneys general, even if it omits New York’s Eric Schneidermanand at least two other states who are opposed because a deal would impede related inquiries, said one of the people. Negotiations on a broad settlement stalled after Schneiderman indicated he wouldn’t let it block his probe into the bundling and sale of mortgages, said the people, who declined to be identified because talks are private.

Chief Executive Officer Brian T. Moynihan, seeking to reverse a 44 percent stock slide this year, has booked about $30 billion in settlements and writedowns to clean up mortgage liabilities at the biggest U.S. bank since the start of 2010. One of the largest legal matters still pending is the multi-state probe into whether firms servicing mortgages used bogus documents to justify foreclosures.

Friday, August 19, 2011

Madoff Whistleblower: Big Banks Are Ripping Off Pension Funds

OMG, if you think that things can't get any more worse. From Yahoo News Finance:


Amid all the market volatility and weakness in the financial sector of late, you may have missed this WSJ front page story: "States Go After Big Bank on Forex".

The story is about growing scandal in the banking industry centered around banks allegedly overcharging pension funds for currency transactions.

"Attorneys general in Virginia and Florida filed civil suits against BNY Mellon alleging that the bank cheated pension funds in those states by choosing improper prices for currency trades the bank processed for the funds," The WSJ reports. "The Virginia lawsuit, filed in a Fairfax, Va., state court, cites internal bank emails allegedly showing that senior bank officials knew about, and endorsed, a currency-trading method that hurt state pensioners."

In addition to Virginia and Florida, California and Tennessee are also suing BNY Mellon and State Street Corp. over the alleged fraud.

The man who uncovered the alleged scam, Harry Markopolos, expects all 50 states to eventually join the suit. If the name sounds familiar that's because Markopolos was a whistleblower on the Madoff Ponzi scheme, only to have his claims ignored by the SEC for the better par of a decade. (See: Harry Markopolos Says Big Banks Worse Than Madoff)

In this case, Markopolos says BNY Mellon and State Street we're taking about "three tenths of a percent from every forex transaction for pension funds" by back-timing the trade to benefit banks at the detriment of their pension fund clients. "It's almost the exact same scheme as the market timing scandals of 2003," he claims.

When and if these cases go to trial is unknown, but Markopolos sure hopes to avoid a settlement. "I want to see them admit guilt," he tells Aaron Task in the accompanying interview. "If [banks] settle it feel like justice denied because they also will settle without admitting or denying guilt. That's just too easy. "

Goldman Sachs VP Peter Simonyi Changes Name to Simonyi Haller to Advance Goldman Lobbying Interests As Top Staffer To Darrell Issa


Has Rep. Darrell Issa (R-CA) turned the House Oversight Committee into a bank lobbying firm with the power to subpoena and pressure government regulators? ThinkProgress has found that a Goldman Sachs vice president changed his name, then later went to work for Issa to coordinate his effort to thwart regulations that affect Goldman Sachs’ bottom line.

In July, Issa sent a letter to top government regulators demanding that they back off and provide more justification for new margin requirements for financial firms dealing in derivatives. A standard practice on Capitol Hill is to end a letter to a government agency with contact information for the congressional staffer responsible for working on the issue for the committee. In most cases, the contact staffer is the one who actually writes such letters. With this in mind, it is important to note that the Issa letter ended with contact information for Peter Haller, a staffer hired this year to work for Issa on the Oversight Committee.

Ok, so who is this guy? Just a staffer, right? Uh……

Haller, as he is now known, went by the name Peter Simonyi until three years ago. Simonyi adopted his mother’s maiden name Haller in 2008 shortly after leaving Goldman Sachs as a vice president of the bank’s commodity compliance group. In a few short years, Haller went from being in charge of dealing with regulators for Goldman Sachs to working for Congress in a position where he made official demands from regulators overseeing his old firm.

On Video: Bank of America's Dead Drop To Rick Perry: "We Will Help You Out"

Yup, on C-Span. Hat tip to Zerohedge:


Should we be surprised, frightened, disgusted or simply say "we knew it", that in the informal mixer just after Texas Governor and Republican presidential candidate Rick Perry spoke at a Politics and Eggs breakfast in Bedford, New Hampshire, an unknown gentlemen approaches a casual Perry like an Ian Flemming character, and proceeds to dead drop the following: "Bank of America... We will help you out"... and silently moves on. At least we know now who is funding what, and whose interests potential future president Perry will be paid to defend.

And for those who believe the man is a plant, we believe it is James Mahoney, Director of Public Policy for BoA. You can see a photo of him here. He's on the board of directors for the New England Council, the sponsors of yesterday's Politics and Eggs breakfast.

Naturally, we would be delighted for Bank of America to refute this assumption.

Gaddafi Making Plans To Leave Libya, NBC Reports


Embattled Libyan leader Moammar Gaddafi may be preparing to flee the country within days, according to NBC News.

U.S. officials told NBC that intelligence reports suggest Gaddafi is in the process of making plans to evacuate from Libya with his family. The reports indicate he may be headed to Tunisia, where it is possible he will be granted exile.

At least seven loud blasts were heard in Tripoli early Friday morning as bombs fell in the vicinity of Gaddafi's main headquarters of Bab al-Aziziya.

On Tuesday, U.S. Defense Secretary Leon Panetta said the Libyan leader's days appeared to be numbered. "Gaddafi's forces are weakened," he said.

Biloxi Buzz for Friday



Lender Processing Services, Inc. Completes Refinancing of its Senior Secured Credit Facility


JACKSONVILLE, Fla., Aug. 18, 2011 /PRNewswire/ — Lender Processing Services, Inc. (NYSE: LPS), a leading provider of integrated technology and services to the mortgage and real estate industries, today announced that it has completed the refinancing of its existing credit facility.

The total size of the refinanced facility is $1.185 billion, which consists of a 5-year $400 million revolving credit facility, a $535 million 5-year Term Loan A and a $250 million 7-year Term Loan B. The revolving credit facility and the Term Loan A will bear interest at a floating rate subject to a leverage ratio-based pricing grid, but initially will bear interest at a rate equal to LIBOR plus 2.25%. The Term Loan B will bear interest at a rate equal to LIBOR plus 4.5% with LIBOR subject to a 1% floor.

Proceeds from the new facility will be used to refinance existing indebtedness, pay related fees and expenses and provide for other general corporate purposes. The company expects the new facility to enhance liquidity, extend maturities, and provide more flexibility under the covenants.

Thursday, August 18, 2011

California prosecutors accused lawyers and call center operators of scam in bank suits


California prosecutors filed a major lawsuit against several lawyers and call center operators for allegedly running a nationwide scam to dupe desperate homeowners into paying thousands of dollars to join dubious lawsuits against some of the country's largest banks.

The complaint to be unsealed Thursday in Los Angeles County Superior Court accuses prominent foreclosure attorneys Philip Kramer and Mitchell Stein and at least 17 other individuals and businesses of luring borrowers into a scheme that falsely promised a cut of future settlements.

The lawsuit portrays the defendants as the most recent in the chain of mortgage-related scammers who helped fuel the housing bubble and have cashed in on its collapse. The defendants previously worked in the fraud-ridden loan modification industry.

Borrowers were lured into the scheme with claims that courts have found most mortgage lenders to have practiced predatory lending or approved inappropriate loans, and that the homeowners' own banks meet the criteria for having perpetrated such "violations," the complaint says.

"Defendants use deceptive advertising and telemarketing to recruit consumers to join these lawsuits," according to the complaint filed by prosecutors.

California Attorney General Kamala Harris was set to announce the case Thursday, a day after state bar investigators and state Department of Justice agents served defendants with copies of the complaint at nine locations in Los Angeles and Orange counties.

Can we all just get along? Open thread

Written by Biloxi

Each and every day, this country that so many immigrants come to have the piece of American dream and equality has completely changed and/or stripped. We see that United States has become a melting pot, but we see a real problem of race, religion, and economic inequality.


Economic inequality

On Tuesday, PBS Newshour had an excellent piece called Land of the Free, Home of the Poor where the top 20% of Americans now holds 84% of U.S. wealth. Click here to read more. In addition, there was two surveys done where Americans were asked to identify wealth distribution in the U.S. In another, Americans were asked to choose which society they would prefer to live in. Interesting enough, most of them chose the country Sweden where they preferred to live in. Here is what the wealth distribution pie chart looks like:'Freedonia' (an equality utopia that does not exist in which would be nice in the U.S.), Sweden, and the United States. You will notice the economic inequality that we have in this country:



Race and religion inequality


We have the freedom of religion as stated in the Bill of Rights. Unfortunately, the chaos in this country especially the prejudice and attacks against Muslims is mindboggling. I received an email from an organization that is spreading the word on religion inequality among the Muslims in this country. I share this video from the organization called My Fellow American. What is My Fellow American?

My Fellow American is an online film and social media project that calls upon concerned Americans to pledge and spread a message that Muslims are our fellow Americans. It asks people of other backgrounds to pledge, and share a real life story about a Muslim friend, neighbor, or colleague that they admire. Using the power of social media, My Fellow American seeks to change the narrative – from Muslims as the other, to Muslims as our fellow Americans.

Here is the video:



Maybe most Americans as well as many politicians on Capitol Hill and in all 50 states that so in fear of the Muslim community should be reminded of the words by MalcolmX when he was interviewed 40 + years ago of his visit to Mecca:

MalcolmX:"When I was on the pilgrimage, I had close contact with Muslims whose skin would in America be classified as white and with Muslims who would themselves be classified as white in America, but these particular Muslims didn't call themselves white. They looked upon themselves as human beings, as part of the human family and therefore they looked upon all other segments of the human family as part of that same family. Now, they had a different look or a different air or a different attitude than that which is reflected in the attitude of the man in America who calls himself white. So I said that if Islam had done this-- done that for them, perhaps if the white men in America would study Islam, perhaps it could do the same thing for him."

CA AG announcement on mortgage-related enforcement action on Thursday


Attorney General Kamala D. Harris to Announce Mortgage-Related Enforcement Action

WHAT: Attorney General Kamala D. Harris will announce a mortgage-related enforcement action.

WHEN: Thursday, August 18, 2011

Press Conference - 11:30 a.m (PST)

WEBCAST AT OAG.CA.GOV

SEC may have destroyed 9,000 fraud documents involving Goldman, Bof A, Citi, Madoff, Lehman, Credit Suisse, Morgan Stanley, Deutsche, WF


WASHINGTON (MarketWatch) — The Securities and Exchange Commission may have destroyed documents and compromised enforcement cases involving activity at large banks and hedge funds during the height of the financial crisis in 2008, according to allegations made by a lawmaker on Wednesday.

“From what I’ve seen, it looks as if the SEC might have sanctioned some level of case-related document destruction,” said Sen. Chuck Grassley, Republican of Iowa, in a letter to the agency’s chairman, Mary Schapiro.

“It doesn’t make sense that an agency responsible for investigations would want to get rid of potential evidence. If these charges are true, the agency needs to explain why it destroyed documents, how many documents it destroyed over what timeframe, and to what extent its actions were consistent with the law.”

Agency staff “destroyed over 9,000 files” related to preliminary agency investigations, according to a letter sent in July to Grassley, the top Republican on the Senate Judiciary Committee, and obtained by MarketWatch.

The allegations were made by SEC enforcement attorney, Darcy Flynn, in a letter to Grassley. Flynn is a current employee, and according to the letter, received a bonus for his past year’s work.

Flynn alleges the SEC destroyed files related to matters being examined in important cases such as Bernard Madoff and a $50 billion Ponzi scheme he operated as well as an investigation involving Goldman Sachs Group Inc. /quotes/zigman/188479/quotes/nls/gs GS -0.04% trading in American International Group credit-default swaps in 2009.

Flynn also alleged that the agency destroyed documents and information collected for preliminary investigations at Wells Fargo & Co. /quotes/zigman/239557/quotes/nls/wfc WFC +1.34% , Bank of America Corp. /quotes/zigman/190927/quotes/nls/bac BAC -0.27% , Citigroup /quotes/zigman/5065548/quotes/nls/c C +0.03% , Credit Suisse /quotes/zigman/172227/quotes/nls/cs CS +0.38% , Deutsche Bank /quotes/zigman/207002/quotes/nls/db DB +0.79% Morgan Stanley /quotes/zigman/182639/quotes/nls/ms MS -0.12% and the now-bankrupt Lehman Brothers.

The letter goes into particular detail about Deutsche Bank, the former employer of current SEC enforcement chief Robert Khuzami as well as former enforcement chiefs Gary Lynch and Richard Walker.



2011-08-17-CEG-to-SEC-MUI[1]

Biloxi Buzz for Thursday




Case against MERS reaches Supreme Court


A controversial case challenging the ability of Mortgage Electronic Registration Systems to foreclose on a California man was filed with the Supreme Court Monday, making it the first major MERS case to reach the nation's highest court.

If the Supreme Court agrees to hear Gomes v. Countrywide, Gomes' attorney, Ehud Gersten, says the court will have to decide whether a lower court stripped his client, Jose Gomes, of due process by allowing MERS to foreclose without ensuring the registry had the noteholder's authority to foreclose.

"I believe this to be the first case in the country to take MERS to our Supreme Court," Gersten told HousingWire. His claim could not be immediately verified.

DOJ Inquiry Eyes S.&P. Ratings of Mortgages


The Justice Department is investigating whether the nation’s largest credit ratings agency, Standard & Poor’s, improperly rated dozens of mortgage securities in the years leading up to the financial crisis, according to two people interviewed by the government and another briefed on such interviews.

The investigation began before Standard & Poor’s cut the United States’ AAA credit rating this month, but it is likely to add fuel to the political firestorm that has surrounded that action. Lawmakers and some administration officials have since questioned the agency’s secretive process, its credibility and the competence of its analysts, claiming to have found an error in its debt calculations.

In the mortgage inquiry, the Justice Department has been asking about instances in which the company’s analysts wanted to award lower ratings on mortgage bonds but may have been overruled by other S.& P. business managers, according to the people with knowledge of the interviews. If the government finds enough evidence to support such a case, which is likely to be a civil case, it could undercut S.& P.’s longstanding claim that its analysts act independently from business concerns.

It is unclear if the Justice Department investigation involves the other two ratings agencies, Moody’s and Fitch, or only S.& P.

Wednesday, August 17, 2011

Fannie and MERS


Abigail Field website:


Fannie Mae has a lot of responsibility for our current foreclosure and mortgage crisis, although it has not been reported on much. That’s changing.

Last weekend, the Detroit Free Press reported that Fannie’s pushing foreclosures in violation of its own rules. In the Free Press article Fannie Mae, unsurprisingly, denies the charges. When I contacted Fannie Mae spokeswoman Amy Bonitatibus, she wouldn’t discuss the Free Press article on the record. However she was willing to confirm Fannie Mae’s well known role in launching MERS. And perhaps Fannie Mae’s most far-reaching foreclosure and mortgage mess impacts stem from MERS.

Fannie Mae and MERS

Fannie Mae was instrumental in the creation and legitimation of MERS, the mortgage registration “system” that has wreaked massive damage to our property records and land titles (at pg. 1370). Fannie Mae was a founding MERS member and initially one of only two entities that used MERS. The other was Freddie Mac. After a few years, the private securitization market started using MERS mortgages. But helping midwife MERS and legitimize its use are not Fannie Mae’s only contributions to the MERS mess.

Fannie Mae’s current servicing guidelines prop up fictions about MERS, like a co-conspirator helping to corroborate a cover story. For example, Fannie Mae’s guidelines talk of MERS as if it was a single, coherent company, reinforcing a false image of MERS.

“Fannie Mae notifies MERS…”, (p. 104-30, second paragraph)

“In addition, MERS’ failure to perform any obligation…” (p. 104-30 last paragraph)

“(MERS will notify Fannie Mae…” (page 104-31, Section 408.1)

Man Pretends To Be Hank Paulson To Make Fake $353,000 Mortgage Payment To Citi, Succeeds


Perhaps the most surreal fact about the case of 35 year old Bryan Gardner who back in 2009 sent CitiMortgage a $353,000 money order “drawn on the account of the ‘Secretary of the Treasury Hank M. Paulson, Jr.” in order to satisfy the final payment for a property in Bowie, Md, is that…. he succeeded. Fox Biz has more: “CitiMortgage erroneously accepted the document and credited Gardner’s mortgage account in full,” according to a Secret Service affidavit. Within months, Gardner sold the property for $254,900 and then “distributed the proceeds to others,” according to public records and the Secret Service affidavit. Investigators believe Gardner may have initially secured the mortgage under false pretenses. Through a spokesman, an FBI agent who investigates mortgage fraud said he was surprised the scheme succeeded, and a former Justice Department official who helped lead fraud enforcement efforts in the wake of the financial meltdown agreed, calling the approval of the money order “bizarre.” Perhaps what is more bizarre is just how a plan like this, which a 3 year old could concoct, but not even a 3 year old would be dumb enough to believe it would fly, actually succeeded. Just how big is the pool of “unclaimed” cash on deposit at CitiMortgage is there was i) no actual account was debited for the full amount and ii) nobody noticed that the Treasury department was paying off a private mortgage.

It gets even funnier as our law enforcers realize that merely the tip of the iceberg in mortgage fraud land is beyond ridiculous:

“I’ve never heard of a case where a mortgage for such a large amount was satisfied with a fraudulent instrument — an instrument that’s so on-its-face fraudulent,” said Paul Pelletier, who until a few months ago was a top-ranking official in the Justice Department’s Fraud Section. “You’d be amazed at how many people try and pass off (fraudulent) stuff. But does it ever work? No, it rarely works.”

In fact, Gardner’s alleged scheme didn’t work the first time he tried. In November 2008, two months before his successful attempt, Gardner sent a nearly identical money order to CitiMortgage, but it was rejected, according to the Secret Service. The only difference the second time around: Gardner requested slightly more money, court documents say.

Pelletier said this case is “extraordinarily unusual” not only because CitiMortgage ultimately honored a fraudulent money order, but the company allowed it to be credited to Gardner’s mortgage and likely issued a “satisfaction” on the mortgage, as reflected by Gardner’s ability to sell the property.
Check out the rest here…

Investors expand challenge to BofA, BNY Mellon mortgage settlement


The Knights of Columbus, a fraternal group of the Catholic Church, expanded its lawsuit against the Bank of New York Mellon (BK: 20.81 -0.38%) Tuesday, further challenging a recent settlement with Bank of America (BAC: 7.40 -4.64%).

In June, BofA agreed to pay $8.5 billion to investors in residential mortgage-backed securities issued by Countrywide Financial Corp. The trustee on these securities was BNY Mellon. The Knights initially requested information from BNY Mellon and BofA regarding losses on the securities and any possible misconduct.

Instead of providing the information, BNY Mellon settled the claims allegedly without consulting the group then sought to persuade the Knights to accept the offer.

Other investors pushed their own lawsuits forward on the RMBS issued by Countrywide, and the New York Attorney General intervened in the settlement and alleged it ignored the interests of investors.

The Knights suit now includes claims of breach of contract, breach of fiduciary duty, negligence, recklessness and unfair trade practices.

Nevada Joins States Balking at Bank Releases in Foreclosure Practices Deal


A possible settlement of a 50-state probe of foreclosure practices drew more state scrutiny as Nevada’s attorney general joined three other states in voicing concern about a deal that protects banks from continuing mortgage investigations.

Nevada Attorney General Catherine Cortez Masto, whose office sued Bank of America Corp. (BAC) and is conducting civil and criminal foreclosure probes, said she will be “very cautious”about agreeing to a settlement that hinders those inquiries.

“If it’s impacting my ongoing litigation and any other future litigation or current investigation, I’m going to be cautious about whether to sign on or not,” Masto said yesterday in a phone interview.


NV v BOFA

Biloxi Buzz for Wednesday








California court allows for consolidation of Countrywide MBS lawsuits


Countrywide Financial Corp. obtained a judicial panel's permission to consolidate eight mortgage-backed securities lawsuits filed against the former subprime lender into one case in the Central District of California.

All of the actions deal with similar allegations, with the plaintiffs claiming Countrywide, which is now part of Bank of America (BAC: 7.4488 -4.01%), misrepresented the origination practices on mortgages backing subprime securities issued in 2004 to 2007.

The United States Judicial Panel on Multidistrict Litigation ordered the eight actions combined into one case before Judge Pfaelzer in the Central District of California.

In a separate order, The Bank of New York Mellon (BK: 20.80 -0.43%), which served as trustee in many of the transactions in question, obtained permission to have the claims against it separated and remanded to the Northern District of Illinois.

The California judicial panel narrowed the focus of the consolidated cases to actions brought by investors in Countrywide mortgage-backed securities.

Allstate sues Goldman Sachs over $123 million of RMBS


Allstate Insurance (ALL: 25.73 -1.15%) sued Goldman Sachs (GS: 116.50 -2.21%) claiming the investment bank sold the company $123 million in toxic mortgage-backed securities, even though Goldman in its own terms considered the underlying collateral "junk" and "lemons."

In a suit filed in a New York state court, the insurance giant said Goldman "made numerous misrepresentations to Allstate regarding the features of the mortgage loans."

Allstate accused Goldman of not revealing the toxic and fragile nature of the underlying mortgages. The lawsuit alleges Goldman hid the risk of the securities because "it was able, through the process of securitization, to move the loans off of its books — and off the books of lenders who were indebted to Goldman."

Tuesday, August 16, 2011

N.J. judge allows 4 major banks to resume uncontested foreclosure proceedings


Four of the country’s biggest banks can now resume their uncontested residential mortgage foreclosures in state court, a Superior Court judge ruled today.

The decisions come nearly nine months to the day after New Jersey Supreme Court Chief Justice Stuart Rabner cracked down on more than 30 residential mortgage lenders and servicers over fears judges had inadvertently "rubber-stamped" files with inadequate or inaccurate paperwork and people were unnecessarily put out of their homes.

Bank of America, Citigroup, JPMorgan Chase and Wells Fargo were among six financial institutions that filed more than 40 percent of foreclosures in state court last year. They were also selected for a document review because testimony nationwide indicated that the companies had previously encountered "robo-signing," when employees of mortgage lenders sign foreclosure claims without any personal knowledge of the application’s contents.
Read on.

Registers of Deeds, Andrea F. Nuciforo Jr. Says Southern and Northern District Registries Owed a Collective $775,000 in MERS Fees


PITTSFIELD — A Virginia-based mortgage registry business mired in the nation’s housing foreclosure investigation has apparently “stiffed” the three Berkshire Registry of Deeds offices of nearly $2 million in recording fees for more than a decade, local registry officials have claimed.

Mortgage Electronic Registration Systems Inc. of Reston, Va. failed to pay an estimated $1.18 million to the Middle District Registry of Deeds in Pittsfield from June 1999 through July of this year, according to Register of Deeds Andrea F. Nuciforo Jr. In addition, Nuciforo’s staff has calculated that the Southern and Northern District registries in North Adams and Great Barrington respectively are owed a collective $775,000 during the same 12-year period.

The $75 state-mandated fee in question is for each time a home mortgage is sold or swapped — known as an assignment — to another lending institution after it has been initially recorded in the appropriate registry. The money collected goes into the state’s general revenue fund.

MERS was established 16 years ago by mortgage companies Fannie Mae, Freddie Mac and financial giants like Bank of America and JP Morgan Chase to make it easier for banks and lenders to sell mortgages as an investment.

“It’s become an elaborate stiffing scheme to avoid paying registry fees,” Nuciforo said.
Check out the rest here…

Biloxi Buzz for Tuesday







Last week's poll had asked:


Do you agree with Standard & Poor's credit rating downgrade to the U.S.? JL readers answered no. This week's poll is now up.


Morgan Stanley pushes for deed-for-lease bulk sales

One potential solution for helping to alleviate the ailing housing markets in the nation, is to allow investors to acquire distressed properties in bulk so they can rehabilitate the houses and turn them into rentals, according to investment bank Morgan Stanley (MS: 17.88 +5.86%).

Furthermore, leases on these properties should be set-up for the current, ailing borrower. This way the homeowner gets to stay in their property, and will trade off lower monthly living expenses with the loss of collateral investment.

The investment bank released a study called "REBUILD – What to do about U.S. Housing," in which analysts advocate for housing agencies, as well as banks and trusts, to voluntarily set up bulk sales programs for vacant properties in distress.

David J. Stern insurer wants out of policy, says it doesn’t cover claims involving “fraud”


An insurer for former foreclosure giant David J. Stern wants out of its policy, saying in a lawsuit that the company doesn’t cover “claims based upon, arising out of, directly or indirectly resulting from or in consequence of, or in any way involving a dishonest, fraudulent, criminal, or malicious act or omission.”

Admiral Insurance Company filed a lawsuit Thursday in the United States District Court, Southern District of Florida, saying it shouldn’t be responsible for defense expenses in two class-action claims filed against Stern in Palm Beach County. Stern had a $3 million policy with Admiral that expired last year.

The claims, filed in 2007 and 2009, allege Stern’s Plantation-based firm violated state laws by trying to collect unnecessary fees serving summonses to multiple “unknown” residents and tenants of homes in foreclosure and overcharging for title searches and examinations.
Check out the rest here…


Admiral Insurance Company, vs. Law Offices of David j. Stern, P.A., David J. Stern

Monday, August 15, 2011

Leaked confidential documents show Fannie Mae lying to Congress and the public


“Preventing foreclosures is a top priority for Fannie Mae,” Terence Edwards, an executive vice president, told the panel. “Foreclosures hurt families and destabilize communities.”
But confidential documents obtained by the Free Press show that Fannie Mae has pushed an agenda at odds with those public assurances.
The documents obtained by the Free Press indicate, for the first time, that Fannie wasn’t simply indifferent to helping homeowners, but launched a concerted effort to force seriously delinquent borrowers from their homes.
Key documents
Last summer, Fannie Mae executives decided the mortgage giant was “suffering delays in the processing of its foreclosures.”

These documents reveal how Fannie Mae addressed those delays, including a letter to GMAC Mortgage spelling out its new policies to assess compensatory fees and require banks to get its written permission to delay foreclosure sales on loans more than 12 months in arrears. The records also include letters to six lenders setting performance goals for the third quarter of 2010.

On to the story, hat tip from Free Press:




In early December, a senior executive at Fannie Mae assured members of the Senate Banking Committee in Washington that the mortgage giant was doing everything possible to address the foreclosure crisis.

"Preventing foreclosures is a top priority for Fannie Mae," Terence Edwards, an executive vice president, told the panel. "Foreclosures hurt families and destabilize communities."

But confidential documents obtained by the Free Press show that Fannie Mae has pushed an agenda at odds with those public assurances.

The records cover Fannie Mae's foreclosure decisions on more than 2,300 properties, a snapshot from among the millions of mortgages Fannie handles nationally. The documents show Fannie Mae has told banks to foreclose on some delinquent homeowners -- those more than a year behind -- even as the banks were trying to help borrowers save their houses, a violation of Fannie's own policy.

Fannie Mae has publicly maintained that homeowners would not lose their houses while negotiating changes to mortgages under the federal Home Affordable Modification Program, or HAMP.

The Free Press also obtained internal records revealing that the taxpayer-supported mortgage giant has told banks that it expected them to sell off a fixed percentage of foreclosed homes. In one letter sent to banks around the country last year, a Fannie vice president made clear that Fannie expected 10%-12% of homes in foreclosure to proceed to sale.

Taken together, the documents offer an unprecedented window into how Fannie decides whether to allow borrowers to exhaust all options to keep their homes. "It's scary, it really is," said Leisa Fenton of Clarkston, who is among an untold number of people whose homes were sold in foreclosure even though they had been assured their homes were safe while they sought mortgage relief from Washington.