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January 2017 Article Archive

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Are mortgage-backed securities backed by any guarantees?
tradebuddy.online.com | January 31, 2017
Actually, any mortgage-backed security (MBS) guarantee depends on who issued it. To review, an MBS is a security, created through the process of securitization, in which the underlying assets are loans made to individuals and companies who are using the funds to purchase buildings and homes. The mortgages are secured to the lender by the properties purchased by the borrowers and are often backed by some form of homeowners’ insurance. However, this insurance will only protect the issuer of the mortgages (mortgagee), and not the owners of an MBS that is issued using the same underlying mortgage. Therein lies part of the risk to MBS investors.
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TILA RESCISSION: Who Pays the Money?
livinglies.wordpress.com | January 31, 2017
The menu of items that are due to the borrower as a condition precedent to making a claim for repayment is expansive and frankly in many cases is equivalent or nearly equivalent to the total amount of the principal claimed as loan repayment.
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Federal Reserve Bankers Mocked Unemployed Americans Behind Closed Doors
theintercept.com | January 29, 2017
In 2011, unemployment was at a near crisis level. The jobless rate was stuck around 9 percent nationally, an unusually high number due to the continuing effects of the financial crash. House Democrats were aghast. “With almost five unemployed Americans for every job opening, too many people remain jobless because of a lack of work, not a lack of wanting to work,” said Congressman Lloyd Doggett, D-Tex. So in early November 2011, they introduced a bill to reauthorize Federal unemployment benefits, an insurance program designed to aide those looking for work.
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ServiceLink fined $65 million for LPS foreclosure deficiencies
housingwire.com | January 26, 2017
In 2011, Lender Processing Services was part of a massive settlement with the government over industry-wide foreclosure misconduct that occurred after the housing crash. That settlement stemmed from document missteps in the third-party foreclosure process at some very large banks and mortgage servicers in the aftermath of the subprime crisis.
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Mnuchin Lied About His Bank’s History of Robo-Signing Foreclosure Documents
theintercept.com | January 26, 2017
Treasury secretary nominee Steven Mnuchin lied in his written responses to the Senate Finance Committee, claiming that “OneWest Bank did not ‘robo-sign’ documents,” when ample evidence proves that they did. Mnuchin ran OneWest Bank from 2009 to 2015 in a manner so ruthless to mortgage holders that he has been dubbed the “Foreclosure King” by his critics.
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Citi Plan to Force foreclosures Exposed and Fined $29 Million
livinglies.wordpress.org | January 25, 2017
This is one instance in which the industry practice of tricking borrowers into foreclosure becomes crystal clear. The case is also instructive on the terms of so-called "modifications." The goal in all instances is to use every means at their disposal to trick the borrower into waiving rights and falling into the abyss of foreclosure without any appropriate disclosures.
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CHECKLIST — FDCPA Damages and Recovery: Revisiting the Montana S Ct Decision in Jacobson v Bayview
livinglies.wordpress.org | January 20, 2017
What is unique and instructive about this decision from the Montana Supreme Court is that it gives details of each and every fraudulent, wrongful and otherwise illegal acts that were committed by a self-proclaimed servicer and the "defective" trustee on the deed of trust. You need to read the case to see how many different times the same court in the same case awarded damages, attorney fees and sanctions against Bayview who persisted in their behavior even after the judgment was entered.
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Western Union to Pay $586 Million in US Fraud Settlement
databreachtoday.com | January 20, 2017
Western Union will pay $586 million to settle U.S. civil and criminal cases that alleged the company turned a blind eye for years to criminals who used its money transfer network to commit fraud. In one of the most serious accusations, the Department of Justice alleged that Western Union knew for at least five years that its agents were accommodating funds transfers connected with human smuggling.
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Moody’s Settlement with SEC Does Nothing for Homeowners
livinglies.wordpress.org | January 20, 2017
These settlements are a slap in the face to homeowners who were forced into battle with an over-reaching enemy supported by the government. We have acknowledgements of wrongdoing here by Moody's with respect to injury suffered by investors. But if the homeowners were not signing the false documents (the "loan contract") there would have been no "loans" and there would be no "derivatives", i.e., "securities" deriving their value from inactive or nonexistent trusts who issued certificates masked as "mortgage bonds."
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Harmed by Navient? What student loan borrowers need to know
usatoday.com | January 20, 2017
The U.S. Consumer Financial Protection Bureau is suing Navient Corp., the nation’s largest student loan servicer, accusing it of “systematically and illegally failing borrowers at every stage of repayment,” according to a press release Wednesday. The CFPB is asking Navient to compensate the borrowers the agency says were harmed.
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True Costs Of Foreclosure, Property Abandonment Extend Across Neighborhoods And Communities
finance.yahoo.com | January 17, 2017
CLEVELAND, Jan. 17, 2017 /PRNewswire/ -- A groundbreaking analysis of the true costs associated with the nation's housing crisis quantifies for the first time the substantial and numerous impacts foreclosures and vacant and abandoned properties have on homeowners and their communities. Even based on conservative estimates, the typical foreclosed home imposes costs of more than $170,000, according to a study commissioned by Community Blight Solutions and its Founder & Chairman, Robert Klein.
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Lawsuit Seeking Disgorgement Might Not Be Barred by Statute of Limitations
livinglies.wordpress..com | January 15, 2017
What is apparent here is that the Courts are coming to terms with the possibility that those relying upon a statute of limitation as a defense to various claims might NOT be protected by an otherwise applicable statute of limitations. The premise enunciated in a decision that seeks affirmation from the U.S. Supreme Court, is that disgorgement is not monetary damages or a penalty. It is an equitable finding that a party has been unjustly enriched and therefore has no present right to hold onto ill-gotten gains. The decision could result in elimination of the statute of limitations as a defense for the banks.
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California Attorney General's Office Announces $150 Million Settlement with Financial Services Company Moody's For Inflating Mortgage-Backed Securities Ratings
highlandnews.net | January 15, 2017
LOS ANGELES – Acting Attorney General Kathleen A. Kenealy, along with the U.S. Department of Justice and the attorneys general of 20 other states and the District of Columbia, today announced an $863.8 million settlement with Moody's Corporation (Moody's), a business and financial services company, to resolve federal and state civil claims related to the company’s misconduct in inflating ratings of residential mortgage-backed securities.
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Chase-WAMU Letter Reveals "Expungement" and "Assignments" of Alleged Mortgages Not on the Books and Records of WAMU
livinglies.wordpress..com | January 11, 2017
There is an old saying on Wall Street that "Bulls make money, Bears make money but Pigs never do." The obvious circumstances of Chase claiming ownership to nonexistent loan portfolios contained within WAMU coupled with the admission in this letter to the FDIC, shows just how arrogant Chase felt when they informed the FDIC that they wanted to get paid by the FDIC for expunging documents and fabricating other instruments for "loans" that were not on the books and records of WAMU at the time of their purchase and sale agreement wherein Chase acquired the WAMU estate.
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MERS/GMAC Note and Mortgage Discharged
livinglies.wordpress..com | January 10, 2017
If only all courts would entertain the possibility that everything presented to them should be the subject of intense scrutiny, 90%+ of all foreclosures would have been eliminated. Imagine what the country would look like today if the mortgages and fraudulent foreclosures failed.
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Steve Mnuchin’s Bank 'Robo-Signed' 6,000 Foreclosures a Week
forward.com | January 7, 2017
Steve Mnuchin’s financial skeletons could come back to haunt him as he tries to win confirmation as President-elect Donald Trump’s Secretary of the Treasury. A leaked memo from the California Attorney General’s office that alleges his bank routinely violated the state’s laws in foreclosing on homes.
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Fannie Mae Announces New Foreclosure Prevention Program
fanniemae.com | December 6, 2016
WASHINGTON, DC – Fannie Mae (FNMA/OTC) announced today its Flex Modification foreclosure prevention program, which is designed to help America’s families by offering reductions to their monthly mortgage payments. The Flex Modification leverages components of Fannie Mae’s Home Affordable Modification Program (HAMP®), which is set to expire at the end of this year, and the Fannie Mae Standard and Streamlined Modifications, which will be replaced by the Flex Modification in late 2017.
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California investigators wanted to sue Mnuchin bank over foreclosures
money.cnn.com | January 6, 2017
California investigators wanted to file a lawsuit in 2013 against a bank owned by Steven Mnuchin, President-elect Donald Trump's pick to run the Treasury Department, for misconduct during foreclosures, according to an internal memo obtained by CNN.
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