A New Spin on Bank Fraud: Banks Defrauding Their Investors, Auditors and Regulators
And Judges too…
Lets pull some excerpts from this piece and see what we can learn…
Last week, I made clear to my readers and subscribers that the bank malaise is not over…
Housing prices are still on their way down, save temporary blips from government bubble blowing and the outright concealment of non-performing assets by banks, see Anecdotal Evidence That Banks Are Hiding Depressed High End Real Estate. Now, many may see this as consipiracty theory, which is why I always included hard analysis behind my posts. After a Careful Review of JP Morgan’s Earnings Release, I Must Ask – “What the Hell Are Those Boys Over at JP Morgan Thinking????”
Well, here is some additional evidence which shows how banks are producing those positive sloping credit metrics… They are fudging the delinquency reporting. Reference this note from a fellow BoomBustBlogger:
Hello Reggie,
I’m a big fan of your blog and greatly appreciate your diligent efforts in effectively educating your readers while exposing the the biggest heist ever perpetrated on the American Public by Wall Street. I know you are the most up to date person out there when it comes to the scams the banks are running but I wasn’t sure if you knew of a specific scam that they have been running on the mortgage side of their business. I’m hoping you can be the voice that warns people of a new type of fraud which the banks are perpetrating in broad day light.
I have been a Mortgage Banker for the last 18 years. I also follow the markets and particularly the banking sector with great interest. While reviewing the Banks most recent quarterly earnings, the common theme evident in all of their disclosures was that their delinquency rates had dropped dramatically and hence they were lowering their loan loss reserves.
Meanwhile, I have repeatedly come across delinquent and even defaulted loans which are not being properly reported by the loan servicers to the credit bureaus.
As an example, I recently came across a new mortgage client who was referred to me and I thought I’d share it with you for a potential story. These particular clients had a house which they were way upside down on, so last year they went ahead and purchased another house under an FHA loan with 3.5% down and immediately let the old, upside down house go into foreclosure thereafter.
These particular clients called me to see if they could refinance their new home’s FHA loan to a lower rate. I told them that it would be near impossible because of the damage done to their credit by the foreclosure on the previous house. They were adamant that their scores were still in the high 670’s and so I ran both of their credit reports. Sure enough, his middle score was a 674 and her score was a 678. When I looked at the previous mortgage, it showed as “FORECLOSED- NO DELINQUENCIES”!!! When I asked them they stated that they hadn’t made a payment to the bank for more than a year prior to the foreclosure on their house.
Same is true for many loan modification cases that I have come across. While the banks are dragging out the process with the borrowers, who are living in the homes 100% mortgage free, their statements reflect the borrowers as being current every month.
Is that not just absolutely ridiculous!?!? This is blatant fraud!
While Bank CEO/CFOs are going on their quarterly calls and lying to investors about how they are reducing their loan loss reserves due to their delinquency rates being substantially lower, they are deliberately falsifying their credit ratings while foreclosing on homeowners.
What happens when these banks end up losing billions of dollars on all of these foreclosures after depleting their loan loss reserves? More of 2008 is what I imagine. Except their won’t be any more bailouts.
I implore you to please feel free to contact me or any other sources you may have at your disposal to investigate this newest fraud being perpetrated against investors. Should you be interested, I can forward you the above credit report for your review.
Investors should know what the heck is going on before they listen to analysts telling them that “this is a buying opportunity of a lifetime” while the banks are fudging their numbers. This is exactly how we got into this mess. Investment Banks pulling Repo 105 scams, not marking their books correctly, and so on.
Shame on them for defrauding investors and the Public the first time and causing the global credit crisis. Shame on us for sitting by and letting it happen again two years later while they wipe out millions more of investors retirement accounts and cause the next Great Depression.
Attached please find the first two pages of the credit report that I told you about. I [also have access to] mortgage statements from Bank of America, in which the borrower has not made a payment in over 18 months and is currently in the loan mod process, yet their statements reflect a current status each and every month. The borrowers had a foreclosure back in 04/2010 with no mortgage lates reported on their credit report. Please refer to the first trade line on page 2 of the credit report under Derogatory Tradelines.
Thank you for your time and consideration.
I have heard many rumors on these allegations and apparently they are true.
Again, who are the fraudsters here your honor?
The homeowners or the Shadow Entity Plaintiff’s…
They are lying to everyone your honor…
Yes, even YOU!
Check out the original post over at Zero Hedge for more details and images…
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4closureFraud.org
Pursuant to many of the PSAs, the servicer is contractually obligated to advance the monthly principal and interest payments of any defaulted loans as long as they believe they will be able to recoup the advances from a foreclosure. Bottom line, the servicer is actually the only entity in this whole scheme that comes out ahead. I have seen investor lawsuits against servicers such as Ocwen and Select Portfolio, but there are not many. IMHO, this is the entity the investors should pursue because it is the servicer that has direct contact with the homeowner and the one who is burining both ends of the candle.
They must have some insurance mechanism with the servicer that is “paying” for the borrower. The incentive to fudge the loan loss reserve is high because it directly effects the leverage ratio. What choice do they have? Pay the loan themselves or become insolvent to depositors?
If a defendant in a foreclosure proceeding can produce evidence that the lender is reporting the loan as current, the defendant would have the basis for a motion to dismiss because of inconsistent statements by the plaintiff. The account cannot be in default for purposes of foreclosure but current for bank reporting purposes. By the way, how can a mortgage creditor pay itself what the debtor owes every month and still maintain the debtor is in default? There is something surreal about a creditor making itself payments which a debtor has defaulted. The last sentence does not make sense.