Posted by: madamab on: October 11, 2010
It’s been enlightening to see what the “too big to fail” banks have been doingwith the money they received from the Troubled Asset Relief Program, isn’t it? Although the TARP was supposed to increase lending, quite a few of the financial institutions involved have decided to hold on to the money instead. The Obama Administration’s dubious claim that the TARP saved 8.5 million jobs is nothing short of ridiculous; it turns out that three of the layoff leaders in 2009 were CEOs of financial institutions that received TARP funds. These layoffs, by the way, increased the CEOs’ pay. Bonus, baby!
Then, there was the claim that the TARP would give homeowners with unaffordable mortgages some relief, via the attached HAMP program. The HAMP program was a mild form of mortgage modification that Obama preferred to Hillary’s proposal, called HOME, which would have taken a much more aggressive approach to the mortgage crisis precipitated by fraudulent and deceptive lending practices. For those who do not think there would have been a big difference between the Clinton and Obama Administrations, I give you her plan’s bullet points:
All this would have been proposed instead of the TARP, and I would be willing to bet that with a 60-vote majority in the Senate and all the Dems in the House, a large portion, if not all of it, would have passed. I believe this Commie Socialist Proposal from our Marxist Lady of the Pantsuit is yet another reason that the sellout Obamacrats wanted their fauxgressive, corporatist Trojan Horse in the White House.
The HAMP, of course, has not been quite as fabulous as the Administration claims.
The HAMP program has been viewed as a disaster by just about everyone outside of the Treasury Department. Every TARP watchdog — from the Government Accountability Office to the TARP Special Inspector General to the Congressional Oversight Panel to various congressional committees — has criticizedthis effort. The program has been marred by mistakes from servicers, such as losing homeowners’ paperwork and miscommunicating information to applicants. Additionally, Treasury officials are frequently criticized for using misleading figures about the program.
For example, Treasury boasts that “over 1.3 million homeowners had their monthly payments reduced” through HAMP. But most of those people only had the payments reduced through HAMP for a few months. Despite the billions of dollars made available for HAMP, fewer than half a million people received permanent mortgage modifications through the program. The month of August had the fewest number of permanent modifications to date. Meanwhile, more than 680,000 people have been removed from the program and failed to get permanent HAMP mods.
These all-too-predictable results prove MadamaB’s Theory of Government Benefits: Whoever gets the money from the government, benefits. Since the bulk of the TARP funding went to financial institutions, they are the ones benefiting, while the people are still suffering because we haven’t received anything more than a few crumbs. And so it goes.
Now, there is a new financial crisis – a big scandal brewing in the nation’s largest financial institutions. It’s been called the “robo-signing” scandal. The five-second summary is that the big banks do not fact-check foreclosure documents that come across their desks – they simply sign off on them. Never mind that these documents are often completely and obviously false.
Even if every robo-signed document were true — and they’re not all true — the robo-signers and the banks employing them have systematically created and submitted to courts hundreds of thousands of sworn documents that aren’t accurate.
The entire California Delegation in the House has called for a federal investigation of the robo-signing scandal, citing a 20-page letter filled with examples of foreclosure horror stories submitted by their constituents. Many banks have voluntarily frozen foreclosure proceedings while the robo-signing mess is investigated. The Attorney General and several top Congresscritters have gotten into the act, as well as some states’ attorneys. ****UPDATE: And Obama [thanks to La-T-Da for explaining this in a more accurate manner] has vetoed a bill that would have allowed electronically-notarized foreclosure documents to be put forth in the courts as verified, even if there was no human notary behind the signatures. This bill would have essentially swept these fraudulent documents under the rug and legalized them before the courts.***
I can’t wait to see what happens after the November elections, can you?
This is an open thread.
And, in honor of Verdi’s birthday yesterday:
“President Obama vetoed a bill last week that could make it more difficult for banks to complete paperwork and speed the foreclosure process, providing that extra time for some homeowners.”
That sentence was very poorly written. Obama actually did something right here. Though basically probably because Secretaries of States pointed out the provision in the bill that was just flat out yet another fraud by the banks. We want it to be “more difficult for banks to complete paperwork” so they cannot “speed the foreclosure process”, especially during this time when the service providers and banks have no freaking clue where someone’s title is. It is a legal consumer protection right.
This is not just a “paperwork problem” that many of the news agencies are making it sound like. One it is fraud to fuck with “papers” and then to use them in courts to perpetrate fraud on the person being foreclosed, much less judges that are signing off on the foreclosed assets under fraudulent conditions. Judges, thus State Attorney Generals that actually do their job, don’t take to kindly to being conned.
That provision in the bill would have given the lenders a pass to not have to find the deed that is warranted. Warranty deeds, state laws that have been around forever, are protections for home buyers. And in this case, especially those that are buying the foreclosed homes, the lender is agreeing there are no title issues that will come up in the future. The banks know that the warranty deed issue could have come up in the future because they already knew they did not know where the title was. Besides on some spreadsheet somewhere when the mortgage was already sold two or more times over as a mortgage back security.
This is a big fucking deal: The proof in the pudding being that most Title Companies have stopped selling any title insurance until this whole thing is sorted out. They cannot legally sell title insurance on a title that they do not know where it is also.That is the product they are selling: That the house has no title issues.This whole fucking thing is a mess, a mess perpetrated by the lenders to get the “tangible asset” of a house back on their books, by rushing to sell the foreclosed houses, so they could get the “toxic assets” off their books.
RIP, Joan Sutherland:
And also from the bullshit The Hill article: “If these moratoriums and investigations find that the number of missing titles is small, then someone needs to explain the damage done to the housing market and homeowners trying to move on with their lives,” Sanders said.
If the number is small! If the percentage is small that were kicked out of their homes! For God’s sake, with the amount of foreclosures done, even a “small” percentage has affected thousands of people! Is it right to protect “the market” over that “small percentage” that was wrongfully kicked out of on their asses?
The big banks are going to have to pay out huge amounts: the value of the houses that were wrongfully taken. Especially the second mortgages taken based upon over-inflated assessments of those homes. Talk about affecting the markets. That could also affect the market when their asses are sued by that “small” percentage. Of course they all want this to go away.
@7 Excellent interview with Jennifer Brunner that is helping to sort the whole thing out and even how the bill relates back to the mortgage backed securities and all the lawsuits. Though the bill sounded like a good thing, basically Brunner caught the loophole that would have continued to bury this whole thing and how the practice could have legally continued.
http://www.democracynow.org/2010/10/8/ohio_secretary_of_state_jennifer_brunner
@#5 Thank you, Beata. A great lady has died.
I am glad you wrote a piece about it, MB. Here is the Kentucky AG lawsuit. His case might be the one that brings the whole thing together from 2003 to current and how the title issue was planned long ago and how it all relates to the mortgage backed securities:
http://mattweidnerlaw.com/blog/wp-content/uploads/2010/10/RICOClassActionComplaint.pdf
And hate to make it even more complicated, but how the bill went through Congress so quickly is also suspect. Why now? I believe the bill has been around for a while. And Mr. Prez did a pocket veto. Not a regular one. Why? Seems some major asses were, and probably still are, being covered by this “little” bill. Me thinks no one wants this whole thing sorted out.
http://www.huffingtonpost.com/2010/10/08/how-the-controversial-for_n_755609.html
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October 11, 2010 at 8:27 AM
Great choice for “Esultate!”
Of course there’s nothing for us to “Esultate” over. The fact that banks have been saving TARP money has been true since day 1. But Obama brags about it. Why – well, if you repeat something often enough it will become true in the minds of many!