A Must See – Congressional Oversight Panel (COP) Hearing on Foreclosure Fraud and Robo-Signers

It’s long but you need to watch it.

It is Fascinating…

On Wednesday, October 27 at 10:00 a.m., the Congressional Oversight Panel for the Troubled Asset Relief Program (TARP) held a hearing in room 138 of the Dirksen Senate Office Building. Archived video is available below.

Click Through to View

(But read the rest before you do)

COP Hearing on TARP Foreclosure Mitigation Programs

WASHINGTON, D.C. – On Wednesday, October 27 at 10:00 a.m., the Congressional Oversight Panel for the Troubled Asset Relief Program (TARP) will held a hearing in room 138 of the Dirksen Senate Office Building. The hearing will inform the Panel’s upcoming November oversight report, which will evaluate the progress of Treasury’s foreclosure mitigation programs and examine the impact of recently reported foreclosure irregularities on these programs and on the financial sector.

WHO:
Members of the TARP Congressional Oversight Panel

Witnesses

Panel One:

Phyllis Caldwell, Chief of the Homeownership Preservation Office, U.S. Department of the Treasury

Panel Two:

Guy Cecala, CEO and Publisher, Inside Mortgage Finance Publications, Inc.

Joseph Evers, Deputy Comptroller for Large Bank Supervision, Office of the Comptroller of the Currency

Julia Gordon, Senior Policy Counsel, Center for Responsible Lending

Katherine Porter, Professor of Law, University of Iowa College of Law

Faith Schwartz, Senior Advisor, HOPE NOW Alliance

WHAT:
Hearing on TARP Foreclosure Mitigation Programs

WHEN:
Wednesday, October 27, 2010; 10:00 a.m.

WHERE:
Room 138, Dirksen Senate Office Building

The hearing is open to press and public and will be webcast on the Panel’s website at cop.senate.gov. Individuals with disabilities who require an auxiliary aid or service, including closed captioning service for webcast hearings, should contact the Panel’s staff at 202-224-9925 at least two business days in advance of the hearing date.

The Congressional Oversight Panel was created to oversee the expenditure of the Troubled Asset Relief Program (TARP) funds authorized by Congress in the Emergency Economic Stabilization Act of 2008 (EESA) and to provide recommendations on regulatory reform. The Panel members are Senator Ted Kaufman (D-DE); J. Mark McWatters; Richard H. Neiman, Superintendent of Banks for the State of New York; Damon Silvers, Policy Director and Special Counsel for the AFL-CIO;and Kenneth Troske, William B. Sturgill Professor of Economics at the University of Kentucky.

If you don’t have the time to watch it in full, Karl over at the Ticker sums it up quite nicely…

But I still highly suggest you take the time to watch it in it’s entirety instead of watching Dancing with the Stars or The Jersey Shore…

From the Ticker…

Now Zee Cat Is Scampering…..

… well out of the bag, clawing people’s legs…..

Very interesting hearing.  But the most-interesting part of it is right here….

The largest and most complex harm that may exist with the loans in default or foreclosure today is that the paperwork for the loans was not transferred correctly. I emphasize that what constitutes a correct transfer is a gray area; we need more direction from courts and legislatures on this subject. But there are plausible legal claims that the transfers of the notes and mortgages were not effective to give the trust full enforcement rights.

Uh, yep.  That’s the short version of where the problem lies…..

And it only gets better….

The implications of problems with transfer are serious. If the trust does not have the loan, homeowners may have been making payments to the wrong party. If the trust does not have the note or mortgage, it may not have standing to foreclose or legal authority to negotiate a loan modification. To the extent that these transfers are being completed retroactively, it raises issues about honesty in creating and dating the assignments/transfers and about what parties can do, if anything, if an entity in the securitization chain, such as Lehman Brothers or New Century, is no longer in existence. Moreover, retroactive transfers may violate the terms of the trust, which often prohibit the addition of new assets, or may cause the trust to lose its REMIC status, a favorable treatment under the Internal Revenue Code. Chain of title problems have the potential to expose the banks to investor lawsuits and to hinder their legal authority to foreclose or even to do loss mitigation.

And you thought that was it?  Oh no….

Another type of lawsuit risk is that consumers are able to sue the current holder of their note for violations that occurred at origination. Normally, these complaints fail because the holder of the note is thought to be a “holder in due course,” a person that receives protection from most of the claims that someone could bring against the originator of the note. However, if the notes do not meet the requirements of negotiable instruments, there cannot be a holder in due course. The person with the note merely is the possessor “bearer paper,” and can be sued for all wrongs associated with that note contract.

smiley

Now do you understand why nobody wants to come forward with the paper?  Well gee, what if the Trusts or worse servicers wind up with successor liability for the wrongs committed by the LENDERS? (The trustees tend not to have much money – the servicers, on the other hand, are all the big banks…. oi!)

Finally, I want to share with the Panel that the lawyers that I have met over years of my research on mortgage servicing—both creditor lawyers and debtor lawyers—have nearly universally expressed that they believe a very large number (perhaps virtually all) securitized loans made in the boom period in the mid-2000s contain serious paperwork flaws, did not meet underwriting or other requirements of the trust, and have not been serviced properly as to default and foreclosure.

Oh, it’s not “just some paperwork” eh?  Yeah.

The second type of lawsuit that seems certain to follow the exposure of the flawed foreclosure procedure is a claim by investors that problems at loan origination, including a lack of paperwork to support a valid foreclosure, or mortgage servicing mishaps have increased their losses. These suits most obviously will seek to force the banks to “buy back” or “repurchase” loans that were improperly placed into a particular trust for securitization or were improperly originated. Investors could also argue for money damages for lost revenue stream or breach of fiduciary duty by the trust or the servicer to exercise good judgment in favor of in investors’ interests. These suits could be incredibly expensive for banks, requiring the payments of large claims to make investors whole and to satisfy the plaintiffs’ attorneys who will bring such cases.

Yep.  And those suits are just getting started.

But America does not have to continue in a “crisis.” We do not have to tolerate abuse of the legal system, systematic errors, bloated fees, and chaos in the housing and financial sector.

THANK YOU.

Now, let’s see the law come in and do the right thing.

We’re well beyond the point where this should have occurred, but all good movements start with one step.

View with responses

Click Through to View

~

4closureFraud.org


I sure could use some…


Comments
10 Responses to “A Must See – Congressional Oversight Panel (COP) Hearing on Foreclosure Fraud and Robo-Signers”
  1. The current Congressional hearings on Hearing on Mortgage Services and Foreclosure Practices is an exercise in futility without including a THOROUGH probe of the LETHAL role of lawyers regarding mortgage and real estate repossessions! It alarms me that the ‘Elephant in the Room’ (hiding in plain sight) continues to not undergo investigation! Foreclosure fraud is IMPOSSIBLE WITHOUT an Officer-of-the-Court (a lawyer) filing civil, as well as bankruptcy judicial pleadings!

    Investigations exclusive of the very lawyers who file court pleadings seems like a dog and pony show. Lawyers are required to prosecute legal claims by means of law, rather than predilections! Even if / when mortgage lenders instruct lawyers to file inappropriate or unlawful documents, a LAWYER is obligated to advise what can and cannot be lawfully done!

    For a very LONG time people such as Professor Elizabeth Warren, Professor Katherine Porter, and Gretchen Morgenson-NY Times (and even me!) have sounded alarms about PREDATORY, sometimes irreparable outcomes from UNREGULATED, IGNORED debt collection ILLEGALITIES.

    Our nation’s mortgage crisis has finally caused serious pondering of factors that indicate a mammoth creature (I am certain it is the judicial elephant!) might be the driving force for this incredible Banking debacle!

    For myself, and people who ask me to help, I HOPE a graphic TRUE STORY, spelling out methods that judicial systems are utilized to accomplish fraudulent real estate conveyances, and unlawful collections, is a catalyst for needed CHANGE. The epitomizing foreclosure story is found here:

    Foreclosure Fraud Assault – A Cry For Help http://newsblaze.com/story/20101116120222nnnn.nb/topstory.html

    “A foreclosure that entails savagery, fraud, corruption, greed, intrusion, peril, trauma, desolation, shocking deviation from established law and court rules and procedures, and reprisals for whistleblowing and for not relinquishing one’s home to sham foreclosure is a riveting story worth being told.

    The victim’s painful story comes with a plea for humanity to rise to a duty of raising awareness, and not merely for the sake of aiding this one victim. It is for the sake of calling attention – and hopefully “making a difference” by requiring lawmakers to make changes in what appears to be third-world judicial systems of shocking perversion and inequality, harmful to the entire economy.

    Encapsulated in the story “Foreclosure Gang Rape,. . .,” the victim’s graphic details of years of harm from lawyers, judges, and banks summed up as ‘gang rape’ is commensurate with defilement, exploitation, humiliation, bigotry, betrayal, invasion, revilement, assault, depredation, torture, despoliation, stigmatization, maltreatment, denigration, ruin, pillage, ransack, intrusion, and racism.

    Wells Fargo turned over the modified loan debt to a foreclosure mill debt collection lawyer who used a defunct lender’s identity to foreclose, as well as demand unfair fees. At some point after foreclosure had been filed, the victim discovered that the modification consisted of a contract between the homeowner and a fictitious lender. . .”

  2. hogwash says:

    I’m confused- I do not recall my lender ever disclosing to me that they were going to “securitize” my promissory note by bundling it with other notes. I also do not recall them telling me that my signature is what monetized that “negotiable instrument” -as a matter of fact they never told me that it was a negotiable instrument and would be sold several times to domestic and foreign investors. btw-did they loan me money or credit? Is it possible that my signature created it and they loaned me my own credit with interest? Isn’t “true consideration” and “full disclosure” 2 major factors in a legal contract? I thought banks by federal law could not loan credit and are also not allowed to loan theirs or their depositors money(?) Also- I am still having a hard time finding the banks/lenders signature on any of my paperwork- the only signature I see is allegedly mine which looks like a unilateral contract to me(?) Plus- I am still waiting to see the “Original Note” with my wet ink signature and I am told that all they have is a certified true copy of it. So who is the real party in interest or holder in due course?
    Can someone tell me if any of that is considered fraud, collusion, studied concealment, misrepresentation and counterfeit?
    anyway- just asking.

  3. l vent says:

    Looks like WALL STREET may be starting to squirm. CNBC has been reporting the truth all morning on their programs, SQUAK BOX AND SQUAK ON THE STREET. Go to CNBC.COM and click on cnbc.u.s. and check ot the squak box videos and also the squak on the street articles. THEY PRETTY MUCH BLEW THE LID OFF OF FREDDIE/FANNIE AND THE WHOLE MBS SCANDAL ALTHOUGH I THINK SOME OF THEIR EXPERT PANELS SOLUTIONS TO THE PROBLEMS AT HAND ARE A BIT QUESTIONBLE AND TENDTO LEAN IN FAVOR OF THE BANKSTER CROOKS.

  4. l vent says:

    Because of a call from my State Governors office yesterday regarding my own Foreclosure Crisis, and my burning question being that he needs to level the playing field for homeowners against the bankster crooks. I complained that the BANKSTERS are unfair dealing and cannot be trusted. His Rep is sending me something in the mail to help me in this regard. When I asked him why the GOV has not placed a moratorium on foreclosures or will he be doing this soon. The response was A WAKE UP CALL TO ALL AMERICANS TO GET OUT THERE AND VOTE TUESDAY. LEGISLATION HAS TO BE PASSED BY OUR STATE LEGISLATURE IN ORDER FOR THE GOVERNOR TO HELP US. HE URGED ME TO DO MY HOMEWORK BEFORE CASTING MY VOTE. He explained to me that is not just one party to blame for this but mainly this party OR GROUP. THESE POWERFUL GROUPS,PERSAY, ARE BLOCKING MY STATE GOVERNOR FROM GIVING THE PEOPLE THE HELP THAT THEY SO DESPARTLY NEED. THESE PARTICULAR GROUPS,HE EXPRESSED ARE RESPONSIBLE FOR WHAT HAS HAPPENED TO OUR COUNTRY AND WHAT IS HAPPENING RIGHT NOW. Now you need to know that my State Gov. is a Dem. Later last evening I recieved an e-mail from PROPUBLICA. ORG ASKING ME TO CHECK OUT THEIR ARTICLE ON THEIR WEBSITE REGARDING THE UPCOMING ELECTIONS. YOU MUST go read the article entitled: THE NEW DEMOCRATS:THE COALITION PHARMA AND WALL STREET LOVE. IT IS VERY INSIGHTFUL BUT THE TRUTH IS VIAL AND DISGUSTING. WE ARE UP AGAINST ALOT HERE THIS ELECTION SEASON. THIS MORNING I YAHOO SEARCHED THE FOLLOWING KEY WORDS: BLUE DOG COALITION CLICK ON WIKIPEDIA FOR ALL OF THESE ENTRIES, THEY ARE VERY INFORMATIVE AS TO NAMING WHO THESE PEOPLE ARE. THE NEW DEMOCRAT COALITION, DEMOCRATIC LEADERSHIP COUNCIL,CONGRESSIONAL PROGRESSIVE CAUCUS, ALSO INVESTIGATE WHO IS IN THESE GROUPS AND SEE WHAT THEY HAVE DONE FOR YOU LATELY . gO THO YOUR HO– USE OF REPRESENTATIVES WEBSITE AND LOOK UP THE LEGISLATURE ALL OF THESE PEOPLE HAVE PASSED OR BLOOCKED.REPUBLICAN LEADERSHIP COUNCIL,NEW DEMOCRAT MOVEMENT, ALSO LOOK INTO CENTRIST POLITICAL ADVOCACY GROUPS IN THE UNITED STATES . THIS IS SOME GREAT INFORMATION FOR US TO SORT THROUGH AND TRY AND MAKE AN INFORMED DECISION ABOUT THESE MOST IMPORTANT UPCOMING MID-TERM ELECTIONS. CHANGE IS NOT GOING TO COME OVERNIGHT BUT WE HAVE TO START SOMEWHERE. I ALSO HEARD OR READ THAT THE DEMS WERE IN CONTROL IN THE BUSH WHITE HO– USE WHEN HE WAS PRES. YOU MAY WANT TO INVESTIGATE THIS YOURSELF.

    • pparke500 says:

      The Dems had control of Congress for the last two years of Bush’s second term. So when the Dems talk about the ‘failed policies of the last eight years’, that would include the last two years of Bush’s last term and the first two years of Obama’s first and only term.

  5. jal says:

    The truth has been told to the lawmakers.
    See

    http://cop.senate.gov/hearings/library/hearing-102710-foreclosure.cfm
    Testimony of Katherine Porter
    Before the Congressional Oversight Panel Hearing on the TARP Foreclosure Mitigation Program

    October 27, 2010

    Look at the other testimonies in the link.
    jal

  6. bert says:

    Here in California Mers stated they are Nominee for New Century Mortgage in 2008 However new Century Mortgage sold all it loans and then filed BK in 2007. ASC/Wells Fargo stated to the BK court under Penulty of Perjury American Servicing company acquired servicing rights
    to my note and deed of trust 6/30/2006 Lie Lie Lie The house was not completed and my deed of trust was not printed until nov-14-2006. Also 6/30/2006 The house was stix in the builder name. They did not file a notice of completion until oct 2006.2009 Wells Fargo Attorney Foreclosure Mills Pite Duncon LLC in San Diego california submitted a proof of claim to the federal bk court in 2009 a OG copy of a note. The 2009 note was certified and had a bar code and a mers min number. However my original loan number was erased you could see the lines. The 2010 motion for relief from automatic stay The note did not have the Mers Min Number and no bar code not evan certified.We also notice they erase the min number and my OG loan number from my Deed Of Trust. This Is a Clear Case Of Fraud On The Courts.PLEASE CONTACT ME I WOULD LIKE MY
    CASE TO BE IN THE MEDIA ALL MY FACTS IS PUBLIC RECORDS

  7. l vent says:

    OOPS, Something about WHO REALLY OWNS OUR HOMES? Wouldn’t we all like to know, It airs central time at 8;00 a.m. If we knew that we would probably get some reason as to why the banks are trying and sometimes suceeding in stealing our property.

  8. l vent says:

    Well finally, maybe they realize that they are all screwed. No fluffing over this. Thanks to you guys at 4closurefraud and foreclosure hamlet and Michael Moores movie CAPITALISM A LOVE STORY. DYLAN RATIGANS SHOW , some of the press ,many internet websites and I am sure there are alot of others for getting the truth out to AMERICA AND MAIN STREET. The whole thing is just a national and international disgrace. CNBC is airing a program tomorrow morning on the SQUAK BOX on the ‘MORTGAGE MESS”. Something about

Trackbacks
Check out what others are saying...


Leave a Reply