Banks created the foreclosure crisis - they should have to live with it

by: danps

Sat Oct 23, 2010 at 14:00


The firms that pushed securitization the hardest decided to treat mortgage record keeping into a game of Three Card Monte.  Now that even they can't find the queen, they deserve to suffer the consequences.

On Tuesday Prairie Weather linked to this episode of the Diane Rehm show on the foreclosure crisis.  Representing the mortgage industry was Tom Deutsch of the American Securitization Forum, and his oily insincerity positively oozed out of my speakers.  Along with Greg Ip of The Economist (who seemed very sympathetic) they nicely summarized the industry's position.

It goes something like this:  There were a few rogue operators who rushed through some bureaucratic formalities during foreclosure.  Nevertheless the homeowners in question are in default.  Therefore, the proceedings are all proper; we just need to correct the paperwork and roust the deadbeats.

One theme that runs through such commentary is the remarkably cavalier attitude towards the consequences of foreclosure.  Consider these astoundingly inapt analogies used to compare to a family losing its home.

Deutsch: "You know, if you go to the grocery store, and you're buying your groceries. And they accidentally overcharge you 50 cents for your milk, you don't just say, well, you know what, let's just stop everything and figure out whether these scanners nationwide are working or not."

Ip: "I used to cover the stock market, Diane, and I -- it was basically a rule of stock market that if I sold -- you know, stock trades get fumbled all the time. You said 16. No, you said 60. And the basic rules that nobody contested unless they actually ended up losing money on the trade, and that's exactly what we're dealing with here."

Then Rehm quotes a Wall Street Journal editorial: "One left-wing financial blog has compiled news accounts that as many as seven people have unfairly suffered a foreclosure, despite making all payments. That's right, seven in a nation of more than 310 million."

The clear implication is that seven fraudulent seizures nationwide is acceptable.  The foreclosure machine is cranked up and we'll just have to accept that a few eggs need to be broken to make our modern, streamlined 21st century free market omelet.  This appears to be irreconcilably opposed to the perspective of those for whom a house is not a commodity but a residence.  For them, the maximum number of acceptable fraudulent home seizures is zero.  It should never, ever happen under any circumstances.


Cross posted from Pruning Shears.
danps :: Banks created the foreclosure crisis - they should have to live with it

No Associated Press content was harmed in the writing of this post

As large corporations have taken on lending functions traditionally performed by local banks, the tenor of the interaction with the community has become distant and transactional.  It used to be that a troubled homeowner would sit down with a loan officer and figure something out.  Mortgagees did not want to default and lenders did not want to seem predatory, so both sides had an incentive to negotiate.

The story line being peddled by the banks is that there are two types of foreclosures:  The tiny (acceptable) number of illegal ones and the much larger percentage that are legitimate.  But there is at least one more category, and it can be read in the stories told by Rehm's callers.  Once the mortgage papers are signed it gets shipped around and made difficult for the homeowner to keep track of.  The same servicer might give multiple names and phone numbers, and the homeowner might get contradictory messages.  They might assign a mortgage to a modification program, then make it unclear which loan to pay.  They might be told not to pay anything, then find out after several months they are being foreclosed for nonpayment.

In other words, in some cases the banks appear to have acted with the intention of tricking homeowners into missing a payment or two, then seizing on that to initiate foreclosure proceedings.  There is a world of difference between that and the way it is being characterized ("they bought more house than they could afford").  These days, negotiation is out.  Big banks have taken a much more clinical - and ruthless - approach.

They treated housing like a shell game in pursuit of the most profitable outcome: Taking ownership of the property.  But piddly little things like affidavits, notarizations and formal record transfers are there for a reason.  They exist not simply as remnants of some era just up from clay tablets, but because homes are not like bottles of milk or stock certificates - for most people they are the places where they live out their lives.  That means they are precious, and the procedures for establishing and transferring ownership of them ought to be bulletproof.

If those in charge of processing mortgages have taken homes illegally they should be jailed - everyone involved, up to the CEO.  If they used deception to snatch homes on technicalities and legalistic grounds then there needs to be a time out to sort through it.  If it is too muddled to sort they should take a full loss on all of it.  This is people's lives they are playing with.


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It's simple. (4.00 / 2)
Do we have a ruling class who is above the rule of law? Are property rights only for the hyper-wealthy few? If that is the case, then our civilization is coming to an end. We won't have to read about feudalism in history books. We can relive it for real!

miasmo.com

Fraud You bets Yea (0.00 / 0)
Those who thinks the fraud being perpetuated by the banking system is small in number, they are wrong. Time and time again "14 days from the date of this letter" sensitive material was postmarked on the 8th of the month but the letter inside was dated the 1st. Three day delivery time, weekends, etc. in most instants the home owner had 36 hour to respond or be disqualified. Other mass produced traps "we can't help you unless your at least 3 months late on your payments". The practices being allowed to happen in this Nation for the last 10 years remind me of rape in a well light parking lot surrounded with sold out bleacher seats. This Country needs to pull a Don Trump - borrow four trillion from China and the Middle East - have a four trillion dollar TARP - put everybody to work in this country - build fabulous things - do it right - become "TO Big To Fail". Donald did it we can do it! It is far more likely to work than the wacko's that think they are going to gain power in this election and cut Social Security, Medicare/Medicaid, minimum wages, worker comp, public education, unions, all government workers. They have pie in sky dreams. Zero of that will ever happen, they could never gain the power to pass the legislation, 60 plus votes in the Senate, come on. Borrow more, have more TARP, become "TO BIG TO FAIL" just like the banks it is easy, lets do it! I am not kidding.      

60 votes (4.00 / 1)
Only Democrats need 60 votes to pass legislation, silly.  The last time Republicans had 60 Senate votes was 100 years ago (exactly) and William Howard Taft was President.  Reagan and the Bushes never had 60 votes because rules are made to be broken ... by Republicans and their bi-partisan henchmen (and it is usually men).  Blanche and Bayh go bye bye but they will find others.

As for Social Security and Medicare Obama and the Deficit Reduction Commission already sold it down the river.  Shame on them.


[ Parent ]
Another Critical Point (4.00 / 1)
Some large number of foreclosures would not have happened if Wall Street had not gotten so greedy and been so lax.

Remember, they crashed their companies and the economy. Without a taxpayer bailout, changes to accounting rules for mark to market, ongoing sweetheart deals from the Fed (borrow near 0% then buy Treasury bonds at 3%), high frequency trading (trade ahead of the market electronically, which is illegal if you do it in person) -- without these crutches, many big banks would be dead, dead, dead. Their CEOs would be on the dole looking for jobs, praying they found a job before their millions ran out. And the country would be on the road to healing its economy instead of going backwards.

Every time someone on Wall Street tells you they're only ousting deadbeats, the media should ask them how many are the result of the Wall Street meltdown. It's more than a handful. It's in the hundreds of thousands, if not low millions.

Obama (and Bush before him) did a great disservice to this country by refusing to hold Wall Street accountable.






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