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The Real Foreclosure Crisis: Who Owns The Mortgages

The Real Foreclosure Crisis: Who Owns The Mortgages?
October 12, 2010, The Huffington Post

For all the headlines given to foreclosure affidavits and robo-signing virtually no one has mentioned the real point, the idea that the affidavits themselves may not prove loan ownership regardless of how they were signed. For several years foreclosure defense attorneys have been telling anyone who would listen that the entire foreclosure process is flawed because you have to own a mortgage note before there can be a foreclose -- and several courts have found that the affidavits used in foreclosures do not prove ownership.


States to Probe Mortgage Mess

October 11, 2010, Wall Street Journal

A coalition of as many as 40 state attorneys general is expected Wednesday to announce an investigation into the mortgage-servicing industry, an effort some of them hope will pressure financial institutions to rewrite large numbers of troubled loans. The move comes amid recent allegations that mortgage-servicers, which include units of major banks such as Bank of America Corp., submitted fraudulent documents in thousands of foreclosure proceedings nationwide. Here’s another Wall Street Journal article.


The Journal Trails Badly on the Foreclosure Scandal

October 8, 2010, Columbia Journalism Review

So we’ve got a nationwide scandal in the still-crippled industry that caused the crisis in the first place — a scandal with potentially systemic (meaning crisis-causing) implications. And how has our leading financial newspaper covered it? Well it hasn’t, really. Not much, anyway. The Wall Street Journal hasn’t had a single page one piece on the scandal, which is now a couple of weeks old. And the paper has had just one section-front story on it: Wednesday’s good piece in Money & Investing on how mortgage-securities investors are threatened by it.


Bank Disinformation III: Obama Backs Bank Over Borrowers
October 11, 2010, Naked Capitalism

Team Obama is so predictably bank friendly that it was inconceivable that the Administration would ever decide against them on anything other than the occasional sop to maintain plausible deniability. But this morning’s news stories reveal the officialdom isn’t even bothering to keep up appearances.


Foreclosure Alarms Rang Months Ago
October 10, 2010, Washington Post

Consumer advocates and lawyers warned federal officials in recent years that the U.S. foreclosure system was designed to seize people's homes as fast as possible, often without regard to the rights of homeowners. In recent days, amid reports that major lenders have used improper procedures and fraudulent paperwork to seize properties, some Obama administration officials have acknowledged they had been aware of flaws in how the mortgage industry pursues foreclosures.

Posted: Tue, October 12 2010 8:10 AM by Octavion

Comments

Joseph T. McCabe, Jr. said:

 

It's about time people began looking into this part of this disastrous mess.

The investment and commercial banks are the ones who started all of this mess and they ought to be the ones who suffer from it.

Let's wait and see what Team Obama does after the mid-terms. Another Wall Street Bail-out is brewing, perhaps?

Joseph T. McCabe, Jr.

# October 17, 2010 7:45 PM

Kemi said:

hi everyone, been deirang all your comments. Same ol complaints for the past yrs since the tarp was granted to the very institutions that are robbing us! Bank rupcy is not always the best solution. But if it brings out the nitch to sting the servicers because of who owns your notes, its a good thing. I am 16 months behind on my mortgage with BOA, who are the servicers of my loan, they are not the gaurantors, nor the owners, they took over country wides toxic loans, mine was included but it originated with quality loans, ITC and others. I dont intend to pay one single dime on this Mortgage, because BOA is operating ilegally all these Mortgages. When they foreclose on me, I will take them to BK court.  Why do you think they have allowed me to have so long to 16 months without making a single payment. (I think it was the only way BOA could qualify for the Tarp funds)  I know many many others in the same boat.Others have actually rented out their property, they have been collecting the rent and putting it into a trust account. Meanwhile the Bank is screwing with them. I think these folks are smart. We need to use the wise bank rupcy judges more.All that is legal we can use, WE SHOULD USE IT.THANKS FOR YOUR IDEAS, THEY ARE GREAT,GOOD LUCK EVERY ONE.

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