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The looting of America continues

Our financial overlords have come up with an ingenious new way to loot the American economy: Forging foreclosure documents. Here's Exhibit A:

When Jason Grodensky bought his modest Fort Lauderdale home in December, he paid cash. But seven months later, he was surprised to learn that Bank of America had foreclosed on the house, even though Grodensky did not have a mortgage.

Grodensky knew nothing about the foreclosure until July, when he learned that the title to his home had been transferred to a government-backed lender. "I feel like I'm hanging in the wind and I'm scared to death," said Grodensky. "How did some attorney put through a foreclosure illegally?"

Bank of America has acknowledged the error and will correct it at its own expense, said spokeswoman Jumana Bauwens.

Mr. Gordensky is actually fairly lucky, since he had a pretty easy case to make that the bank couldn't foreclose on a mortgage that never existed. Others aren't quite so fortunate:

Luis Fernandez's foreclosure documents never looked quite right. Critical papers regarding his Orlando home were missing dates, and some signatures appeared to him to be forged. The mortgage had been sold so often - including once in the middle of the foreclosure process - that at times it was hard to tell which company was trying to seize the house. He challenged the foreclosure in court but failed.

Now, as Fernandez seeks to appeal his eviction and get his home back, he has learned that the law firm representing the banks is under investigation for fabricating foreclosure documents.

For those wondering why the banks are resorting to forging documents to foreclose on peoples' homes, let's review what happened over the last decade:

  • Mortgages typically aren't held by the original lenders. Instead, they're sold off to Wall Street so they can be thrown into mortgage-backed securities. From there, they're thrown into special purpose entities like collateralized debt obligations (CDOs). And then maybe they're diced up again and thrown into a CDO squared, which is a CDO backed by pieces of other CDOs. Or if they're really lucky, a CDO cubed, which is a CDO backed by pieces of other CDOs that are backed by pieces of other CDOs.
  • OK, I'll try to explain it in English: imagine the mortgage is a berry that gets eaten by a worm that gets eaten by a bird that gets eaten by a cat, and then gets crapped out. If you were the person assigned to find the remnants of berry within the mound of cat poop, could you even attempt it?
  • So the lenders have absolutely no idea if the original mortgage is anywhere on their books -- or, for that matter, if it's been sent through a rift in the space-time continuum and is now held by the Rang'ar Interplanetary Fifth Dimensional Bank of the Gamma Quardrant. They have no idea what loans they are and are not exposed to. Oh noes! What are they to do?
  • The answer, it seems, has been to make stuff up. Forge foreclosure documents, send them out and hope that the people getting screwed aren't smart enough to raise hell about it.

Dean Baker explains this better than I can, and without resorting to crude metaphors involving cat poop:

If the servicer followed the law on carrying through foreclosures then it would have to go through a costly and time-consuming process of getting its paperwork in order and ensuring that it actually did have possession of the title before going to a judge and getting a judgment that would allow them to take possession of the property. Instead, banks got in the habit of skirting the proper procedures and filling in forms inaccurately and improperly in order to take possession of properties.

GMAC, the former financing arm of General Motors and now called Ally Financial, has become the poster-child for these sorts of practices. Jeffrey Stephan, a leader of one of its foreclosure units, acknowledged that he had signed thousands of affidavits claiming that he had reviewed documents he had never seen.

Here's a fun thought: What happens if your mortgage was part of a synthetic CDO? That is, some bank synthesized a security based partly on your mortgage utilizing credit default swaps? Does this mean that if the bank foreclosed on you you'd not only lose you home but would be required to also hand over a duplicate home that's never been built? The mind boggles. I'll have more to say on this in the future when I debut my own creative financial innovation: The four-dimensional collateralized synthetic obligation cubed! Stay tuned.

RELATED: Barry Ritholz is having a contest to craft a new advertising slogan for Goldman Sachs. My favorite so far: "God’s Work. It’s not just for hurricanes and famines and locusts anymore."

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41 Comments
Alice X - Chomsky Nader's picture

In judicial review states, they may have the best judges that money can buy.

Yves Smith has more here


statusquObama, change you can only pretend in

Liberal AND Proud's picture

Who needs judges?

Deregulation and reducing the budgets of oversight agencies.

That has brought about the wonderful gains we've seen in industries like financial services. Increased profits...lower cost...the companies pass those savings on to you!

It's capitalism, baby.

Uncle Ronnie is smiling.


Vote GOP and move forward to the 18th Century.

Alien_Overlord's picture

UBER-Capitalism

P.S. It's funny how both sides see the country:
-Conservatives as "Republic"
-Liberals as "Democracy"


Get your lemonade, watch the traitors hang
Congress' TREASON have no boundaries, so does M$M's brainwashing/sidetracking
Republicans for Voldemort
Government does work, just not for YOU. Government work ONLY on the behalf of the Tycoons
Repeal stupid

Alice X - Chomsky Nader's picture

Simon Johnson on the distribution of wealth in the USA

here

The upper 20% own 85% of the wealth. The upper 1% own 34% of the wealth.

The bottom 40% own NOTHING.

The Oligarchs would increase that to the bottom 99%.


statusquObama, change you can only pretend in

http://www.alternet.org/economy/148295/20_sig...

for real, the statistics are astounding when they are out together in one place. probably best to just buck up, meanwhile grab up those army surplus tents.

Alice X - Chomsky Nader's picture

We are in phase 2 of the collapse of the Advanced Capitalist states.

Karl Marx wrote that Capitalism (he never used that term per se) would bring about the concentration of wealth into fewer and fewer hands until finally the system would collapse.

He DID NOT, and COULD NOT have foreseen or understood the nature of resource depletion and ecological destruction.

Taken altogether, we will have a collapse of not only the economic system, but the ecological system.

If we are to survive we need a Post Capitalist environmentally sustainable system.

The present major two parties have no chance whatsoever of instituting the changes needed.

They are not the solution, they are the problem.


statusquObama, change you can only pretend in

derekthered's picture

it smacks of chain gangs and soviet work camps, but a group of workers can demolish a building or a highway with sledgehammers and shovels and not produce an ounce of greenhouse gases (except for human respiration) without using a drop of petroleum products.

while our nation has a record number of people on assistance, we are in the middle of an obesity "epidemic", while subsidies assure that we drown in high-fructose corn syrup. the so-called welfare state has failed, the numbers are too large, and it breeds resentment between varying groups among the lower classes. in-fighting among the proles suits the elite just fine, means they won't organize against the common oppressor.

meanwhile the populace is kept amused with bread and circuses, all the while knowing their i-phone is made in china by workers making $16-$25 a week, for 12-16 hour days.

ysbaddaden's picture
)O(

Twinkies and American Idle...


Diabolus est Deus Inversus

Alice X - Chomsky Nader's picture

The Yves Smith link (not working above) is here.


statusquObama, change you can only pretend in

Nangleator's picture

And, of course, since it's the United States, the homeowner is responsible for proving that whatever bank doesn't have the title to his house.

We are teetering on the edge of another collapse, since the banks own all these millions of houses that aren't worth half of what they were bought for.

Rich H's picture

it's still up to the judge. Oh my.

I don't think there's a chance in hell my original mortgage documents exist anywhere, yet I still pay it.

I've posted about a friend who (because of enormous bad luck - and illness) hasn't been able to pay his mortgage for the past five years, yet is still in his house. Obviously they can't find his paperwork, maybe he's completely off their radar. Good for him.

MountainMan23's picture

Wouldn't it be sweet if some judge were to issue an injunction against ALL foreclosures that have sliced and diced mortgages?

Demand the banks straighten out the mess before those banks initiate any more foreclosures.


When will government of the people, by the politicians, for the corporations perish from this Earth?

Not soon enough!

in the financial field.
How low can these people go? Don't answer that - we'll find another step lower in 3... 2... 1...

ysbaddaden's picture
)O(

Diabolus est Deus Inversus

Liberal AND Proud's picture

If only we had a Democratic Congress that could overturn the backwards policies built over the last 30 years and return us to a more progressive form of government.

The real dream would be to have a Democratic President and Congress to put forward and confirm progressive judges that would interpret and enforce the laws in a way that protects the people.

Oh...to dream. If only that could have happened.


Vote GOP and move forward to the 18th Century.

derekthered's picture

who knows? could be beets, could be peaches, pay no attention to that man behind the curtain.

these cdo, they aren't by any chance "synthetic financial instruments" issued by "legal entities" in the never-never land of fiat money issued by the "legal entity" known as the federal reserve bank. no matter, as long as tiimy maintains his "working relationship" with lloyd, so that "god's work" can continue unimpeded.

Handypants's picture

I have a pal who is a lawyer - he is helping homeowners fight foreclosure in FLA - some have beat the mortgage foreclosure and walked away with the house.

If the foreclosing company fails to produce an actual promissory note they lose (in some cases) - serves them right.


"I know that there are people who do not love their fellow
man, and I hate people like that!
" ~ Tom Lehrer (1928 - )

Samson-'s picture

systemic questions about fraud and forgeries in proving title ownership will really do gangbusters to help the housing market

seems that our economic betters are aiming for a repeat of the great recession. after all, thanks to bush, they were already rewarded once for their lies and failures, they might as well go for it again.

Handypants's picture
...

They were too big to fail . . .

Now they've merged and are too bigger to fail!

Grrrrrrr


"I know that there are people who do not love their fellow
man, and I hate people like that!
" ~ Tom Lehrer (1928 - )

Samson-'s picture
yup

and some day that will be too biggest to fail

(it was a travesty [understatement] that TBTF was given a free pass in the financial regulation just passed)

Handypants's picture
...

Grrr times 2!


"I know that there are people who do not love their fellow
man, and I hate people like that!
" ~ Tom Lehrer (1928 - )

don viti's picture

What if I never was late on my mortgage but it was sold multiple times?

Maybe I can get lucky and fall through the cracks and never have to pay anything?

How do I find out if Bank of America legally holds my mortgage?

Liberal AND Proud's picture

Each time your mortgage is sold, you receive a notification. At least that's how it works on NY State.

Mortgage regulations can be different State by State.

Also, look at your monthly bill...if you receive one and see who is submitting it.

If you have a coupon book, then it's a moot point.


Vote GOP and move forward to the 18th Century.

Liberal AND Proud's picture

Aaaah...the beauty of the American free market.

Mortgages are packaged and sold, so the next owner takes on the risk. If, however, the last one holding your mortgage goes bust...then you owe no one ANYTHING.

Unless of course the Federal government bails out such holders. Funny how that worked out.


Vote GOP and move forward to the 18th Century.

ysbaddaden's picture
)O(

Diabolus est Deus Inversus


Get your lemonade, watch the traitors hang
Congress' TREASON have no boundaries, so does M$M's brainwashing/sidetracking
Republicans for Voldemort
Government does work, just not for YOU. Government work ONLY on the behalf of the Tycoons
Repeal stupid

Samson-'s picture

thanks for posting

Alien_Overlord's picture

... for me that video was EYEOPENING. If you like it you might wanna watch "Money as Debt" and "Enron: the smartest guys in the room"


Get your lemonade, watch the traitors hang
Congress' TREASON have no boundaries, so does M$M's brainwashing/sidetracking
Republicans for Voldemort
Government does work, just not for YOU. Government work ONLY on the behalf of the Tycoons
Repeal stupid

Samson-'s picture

as were 'in debt we trust', 'the corporation', and 'maxed out'

Alien_Overlord's picture
.

The more I learn about things the more clear it becomes that there is nothing COMPLEX in this world ...

All that COMPLEXITY in wallstreet IS "designed" with the purpose to HARBOR IMPUNITY !!!


Get your lemonade, watch the traitors hang
Congress' TREASON have no boundaries, so does M$M's brainwashing/sidetracking
Republicans for Voldemort
Government does work, just not for YOU. Government work ONLY on the behalf of the Tycoons
Repeal stupid

Samson-'s picture

or, more like, gouge

Alien_Overlord's picture
.

... Getting away with MORE and MORE with each passing day, thanks to the "mentality" the Bush Jr. administration have ENFORCED. We've got FBI going through hoops(using ILLEGAL wire taps - wire taps legal ONLY against TERRORISTS) to SMEAR/SUBDUE the guy who was supposed to BRING DOWN the army of corrupt politicians.


Get your lemonade, watch the traitors hang
Congress' TREASON have no boundaries, so does M$M's brainwashing/sidetracking
Republicans for Voldemort
Government does work, just not for YOU. Government work ONLY on the behalf of the Tycoons
Repeal stupid

Alien_Overlord's picture
.

Get your lemonade, watch the traitors hang
Congress' TREASON have no boundaries, so does M$M's brainwashing/sidetracking
Republicans for Voldemort
Government does work, just not for YOU. Government work ONLY on the behalf of the Tycoons
Repeal stupid

Alien_Overlord's picture

... the state that GAVE us Bush Jr.

As the party coming to it's end ... those hyenas GULP before Democracy cut off impunity.


Get your lemonade, watch the traitors hang
Congress' TREASON have no boundaries, so does M$M's brainwashing/sidetracking
Republicans for Voldemort
Government does work, just not for YOU. Government work ONLY on the behalf of the Tycoons
Repeal stupid

DrDick's picture

Tell me again how wonderful and marvelous capitalism is?

Evet's picture

The movie begins as Wall Street Scamscateer Gordon Gekko played by Michael Douglas gets out of prison after 8 years. Years later he's shilling his book "Is Greed Good?" to an auditorium full of 20-somethings. He's like a combination of a Michael Milken - Lloyd Blankfein figure -- but he's got hair. He starts off his lecture by saying, "You're all pretty much fucked." There's silence -- and then he refers to his audience as the NINJA generation, i.e., No Income. No Job. No Assets. "You've got a lot to look forward to," he jokes -- getting blank stares in return.

Is this just the ranting of an old guy disillusioned with life -- or is there actually some truth to his assessment?

Evet's picture

is start preparing for the future mentally while your young so you don't end up a victim of it when your old.

Alien_Overlord's picture
.

Gordon Gekko is symbolism for Republicans !


Get your lemonade, watch the traitors hang
Congress' TREASON have no boundaries, so does M$M's brainwashing/sidetracking
Republicans for Voldemort
Government does work, just not for YOU. Government work ONLY on the behalf of the Tycoons
Repeal stupid

Trittydi's picture

*
.............. LIAR LIAR, PANTS ON FIRE!!
*

Cowboy912's picture
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