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SHOCK THERAPY FOR WALL STREET: BANKING GIANTS SUSPEND THOUSANDS OF FORECLOSURES

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"Maybe this is like shock therapy. Maybe this will actually get the lenders to the table and encourage them to work out deals that are to the benefit of everybody."

--Economist Karl E. Case, quoted in the New York Times

The hits are coming fast and furiously. Major Wall Street mortgage lenders could soon be falling like dominos and looking again for handouts.

On September 20th, Ally Financial Inc., which owns GMAC Mortgage, the nation's 4th largest lender, halted evictions and resale of repossessed homes in 23 states. This was after a document processor for the company admitted that he had signed off on 10,000 pieces of foreclosure paperwork a month without reading them. The 23 states were all those where foreclosures must be approved by a court, including New York, New Jersey, Connecticut, Florida and Illinois.

On September 24, Representatives Alan Grayson (D-FL), Barney Frank (D- MA) and Corrine Brown (D-FL) directed a letter to Fannie Mae questioning its use of "foreclosure mills," which were described as "law firms representing lenders that specialize in speeding up the foreclose process, often without regard to process, substance or legal propriety." The letter followed a report by the Florida attorney general's office in August that it was investigating three law firms that had allegedly fabricated documents in thousands of cases to obtain final judgments of foreclosure.

On September 24, California attorney general Jerry Brown asked GMAC to halt foreclosures in his state until the lender could prove it was complying with a law that prohibits lenders from taking steps to foreclose a home before making an effort to work with the borrower. California is a non-judicial foreclosure state, meaning foreclosures do not require the prior approval of a court.

On September 28, JPMorgan Chase said it was halting 56,000 foreclosures because some of its employees might have improperly prepared the necessary documents. All of the suspensions were in the 23 states where foreclosures require court approval.

On September 29, the Washington Post reported that a top federal bank regulator had directed seven of the nation's largest lenders to review their foreclosure processes, after learning about widespread mishandling of homeowner evictions. Besides JPMorgan Chase, they included Bank of America, Citibank, HSBC, PNC Bank, U.S. Bank and Wells Fargo. The Washington Post reported:

The paperwork problems range from potentially forged documents to bank employees who never read borrowers' files before signing off on an eviction. . . .

"While we don't expect our review to find that consumers were harmed, we will take appropriate action if we find any impact," JP Morgan spokesman Tom Kelly said.

No harm perhaps except the illegal taking of thousands of homes without due process . . . .

On September 30, Rep. Alan Grayson posted a devastating seven-minute video, in which he gave four real-world examples of such travesties of justice, including a man who was foreclosed on when he didn't have a mortgage and paid cash for the home; a home that had two foreclosure suits against it because both servicers claimed ownership of the title; and a couple foreclosed on over a contested $75 late fee. Grayson blamed the massive foreclosure problems largely on the electronic shortcut called MERS. "The banks simply digitized mortgage titles into a privatized system, called the Mortgage Electronic Registry System (or MERS)," he said. "And it did the transfers by trading Excel spreadsheets among the banks and trusts, rather than endorsing the notes as required by their own contracts, by state real estate law and by IRS rules." He stated that 60 million properties are recorded in the name of MERS -- 60% of the mortgages in the USA, and 97% of the loans made between 2005 and 2008.

On October 1, Bank of America announced that it was delaying foreclosures in 23 states.

The same day, Connecticut Attorney General Richard Blumenthal took the radical step of putting a halt to all foreclosures from all banks in his state.

A Box Even Houdini Couldn't Escape?

All of this is a major headache for the banks, but according to the New York Times, "The companies say they are reviewing their procedures to take care of any violations." They seem to think they can correct the problem by redoing some paperwork. But if the holdings in recent court decisions are upheld, it will not be just a question of hiring extra staff to clean up some files. For all those mortgages filed in the name of MERS, say these courts, the chain of title has been irretrievably broken. Humpty Dumpty has had a great fall and cannot be put together again.

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Ellen Brown is an attorney, founder of the Public Banking Institute, and author of twelve books including the best-selling WEB OF DEBT. In THE PUBLIC BANK SOLUTION, her latest book, she explores successful public banking models historically and (more...)
 

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This was a comment by a reader --As a class member... by Ellen Brown on Sunday, Oct 3, 2010 at 3:24:14 PM
You've written about this MERS issue before Ellen.... by Ann Kramer on Sunday, Oct 3, 2010 at 8:15:54 PM
Who has the authority to release a home from a not... by Bernard on Monday, Oct 4, 2010 at 2:13:28 AM
Great description of what is going on and some ide... by Mari Eliza on Monday, Oct 4, 2010 at 1:26:13 PM
The despised LAWYERS. The foreclosure process depe... by Miriam Callaghan on Monday, Oct 4, 2010 at 3:24:00 PM
yes I love that! I'm a lawyer too. ... by Ellen Brown on Monday, Oct 4, 2010 at 7:13:25 PM
Stupid is, as stupid does! Homeowners are apparent... by Vaikunthanath Kaviraj on Monday, Oct 4, 2010 at 4:31:42 PM
Of all the articles I have read and enjoyed by Ell... by Michael Sauvante on Monday, Oct 4, 2010 at 6:59:53 PM
An excellent article suggesting the bankster holde... by Robert Cogan on Monday, Oct 4, 2010 at 7:51:05 PM