The Banksters Swagger, Hijack Democracy

Why is the banking industry running roughshod over Americans? Why should you stop supporting these big banks by taking your money elsewhere? Listen to this episode of the Diane Rehm show and you’ll get some good information about how the banks have bought our so-called democracy and systematically shut out the voices of the many to give them free rein to make billions.

Diane Rehm: So … Wall Street has government by the scruff of its neck?

Gretchen Morgenson: Well, Wall Street is in a very powerful position and this is quite mysterious to me because they helped us into the biggest recession and the biggest economic crisis since the Great Depression. And I truly would have thought that they would have been a little bit more subdued about their attempts to manipulate the regulation that would be a normal outcome of the crisis. They haven’t. They have been aggressive. They have been absolutely swaggering around Washington and I think it points to an enormous problem with the disfunction of Washington today. People like you and me, we do not have a voice in Washington. People on Wall Street have a very loud voice and they have a very loud megaphone.

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What He Said II

“I don’t want to hear another comment about borrowers … and loans they couldn’t afford.

“What I want to hear people start talking about is how the banks and institutions are destroying this country and they’re doing it with the full support of the federal government and the ‘leaders’ that are supposed to be looking after the American people.”

~Matt Weidner

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Why Banks Treat Mortgage Borrowers So Badly

Just in case you’re still wondering why the big banks are engaged in a seemingly insatiable foreclosure feeding frenzy, this article on MSNBC’s Economy Watch about the blatant and ongoing paperwork fraud at Wells Fargo pretty much sums it up.

“Companies that manage mortgages typically collect only a small fee for each loan that is current. But loans in foreclosure generate a laundry list of foreclosure-related revenues, including legal fees, late charges, back interest, home inspections and maintenance. Last year, Wells Fargo earned $3.3 billion in profits from its mortgage servicing business, or about 20 percent of the bank’s total net income, according to its annual report.”

Most logical, ethical people have a real problem understanding why  bank executives seem to think it makes any sense except in very limited circumstances to foreclose, leave a house sitting derelict and then eventually sell it for way less than the original homeowner’s mortgage.  Why, we wonder, don’t the banks work with their borrowers who want to pay but are in temporary difficulties simply to re-structure their mortgage loans? Why does it seem that the big banks like Wells Fargo go out of their way to work against borrowers?

Most people are well aware that the modified mortgage is going to cost them more in the long run – lower payments today translate into longer terms and more interest. And wouldn’t the banks end up making more, too? How is that not an incentive for Wells Fargo and the rest of the big banks to enthusiastically help their mortgage customers instead of playing insidious little paperwork games, refusing to return calls or answer letters, and even outright lying to get out of modifying mortgages?

To fully understand how completely messed up the relationship between homeowners and banks has become, those of us who have mortgages need to stop thinking of ourselves as the banks’ customers. Just because you exercised your right to chose which bank with which to initiate the mortgage on your home, you shouldn’t make the mistake of thinking that bank still thinks it owes you any of the courtesies generally expected by customers.

Why? Because without your consent or even your knowledge, your bank sold you out. Or at least it sold your loan to an undisclosed “investor” or “investors.” During the mortgage boom, this probably happened before the ink was even dry on those pages and pages of legalese you signed at closing. (And there’s some evidence showing up that your loan might have been sold multiple times, which should be a big no-no!)

The investor doesn’t know you, nor did it have anything to do with creating the structure of your loan. It (whether it’s another bank or an investment fund of some kind) is only interested in your loan as part of a package deal purchased from a bank in a speculative venture, a sort of bet that it will make more money collecting the interest on all those mortgages than it paid the bank up front for the bundled loans.

But the investor doesn’t necessarily have the desire or the organizational resources to do the boring administrative tasks associated with collecting those payments. Enter the “loan servicer,” the entity formerly known as the bank you think of as your mortgage lender.

But wait, you say, I’m still making my mortgage payments to that same bank I chose when I went looking for a mortgage. What do you mean they don’t own the loan?!

What your bank did was contract with the entity (or entities, who knows?) to which your loan was sold for the right to “service” that loan. That means, in simple terms, that the bank performs administrative tasks such as sending out payment notices and processing incoming payments as a service to the investor. For a fee.

Sounds benign, right? But look closer at what happened here. All of a sudden, you went from being a bank’s valued customer to being, well, a number. After your bank sold your loan and contracted back the servicing rights, the investor became the bank’s customer. Not you.

And the investor has no clue who you are. Your loan is just one of a list of numbers in a whole block of loans bought based on a set of criteria such as geographic region, length of term and age of the loan. The investor’s customers are its shareholders or the people who have pooled their money into some kind of fund, such as a retirement plan. Not you.

So, are you starting to understand just how well and truly you got screwed in this little scenario? And why the bank employees treat you like you are dirt. Or invisible. Or stupid.

That’s because you the homeowner are, to put it rather bluntly, just like a cow kept only to give milk. As long as you keep putting out (paying your mortgage every month), everything is probably just fine and you go on blissfully unaware that your bank has stopped considering you a valued customer. But stop giving milk/paying your mortgage for any reason and you find out pretty quick that your status isn’t what you thought. You’re ripe for abuse and/or neglect, but not for aid and assistance.

Ummm. You do know what happens to cows that stop giving milk, right? No, they do not retire to green fields to live out their days in peace. They are send off to the slaughterhouse and eaten.

Any of you out there fighting for a mortgage mod feel like that’s just what your bank would like to do with you?

Time to get over the delusion that your bank is going to suddenly wake up and start dealing with you in a professional and ethical manner as befits a valued customer and realize you are no more than one of millions of cash cows who have run dry.

 

 

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Homeowner Wins Big Over Wells Fargo

Dear Wells Fargo:

We are coming after you, one screwed-over mortgage borrower at a time. Your deceit and fraud cannot be covered up forever. We just need a few more judges like Elizabeth Magner on our side.

Wells Fargo Slapped With $3.1 Million Fine For ‘Reprehensible’ Handling Of One Mortgage

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(Not So) Happy Anniversary

March 23. 2012. Two years to the day since Wells Fargo Home Mortgage (says it) logged in the first set of paperwork I sent requesting my mortgage loan be restructured.

Since then, I have sent paperwork 24 more times. I have discussed aspects of my finances, my personal life, my job and my home with somewhere around 70 complete strangers whose employer is part of a bizarre cohort that seems bent on swallowing up every home in this country.

These “professionals” have dissembled, obfuscated, misdirected, disinformed and outright lied. They have played silly sophomoric games designed by their supervisors to prevent people from winnowing their way through the requirements to qualify for a modified loan.

And they continue to play these games and generally jerk me around at every opportunity. Including today.

Seems the latest little strategy is just to randomly schedule a trustee’s sale of my home even though I am in a “trial modification” program during which I have been notified verbally and in writing that foreclosure actions will be suspended. I just happened a few weeks ago to look at a website that is an official source of foreclosure info. (at least in Arizona) and there was my name. With a foreclosure sale of my property scheduled before the end of my first (fully paid up) month in the “trial modification” program. WTF Wells Fargo?

I wrote a letter asking just that. No answer of course. And did they remove my property from the sales list in a timely manner? Well, I guess if you consider the Friday afternoon before a Monday morning sale to be timely. And if you consider “suspended foreclosure process” to mean they randomly scheduled another sale in 30 days.

Thanks for the big helping of BS you gave me to mark our two-year anniversary, Wells Fargo. May we not have any returns, happy or otherwise.

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Wells Fargo Misunderstands the Meaning of “Single” Point of Contact

I can’t believe Wells Fargo is still pretending that it actually implemented its “single point of contact” program back in June 2010.

Wells Fargo Home Mortgage executives are still lying to Congress that WF borrowers seeking loan mods have had the luxury of working with just one person all this time. And it seems our elected officials are still buying the lies … or, rather, selling out to them.

“One important lesson we have learned is that the home preservation and foreclosure process is complex and intimidating and can be difficult for customers to fully understand. We needed to provide more consistent and predictable service to our customers so they can be realistic about their options. We had to improve communication. Understanding this, Wells Fargo adopted a Single Point of Contact model for customers who are pursuing a loan modification or working with us to sell their home and avoid foreclosure. Almost two years ago, in June 2010, we began assigning one home preservation specialist to work with a customer on a modification from beginning to end. The Single Point of Contact model has reaped significant benefits for our customers and Wells Fargo by building a one-to-one relationship with customers in default.”

Testimony of Joe Ohayon, Community Relations Manager
Wells Fargo Home Mortgage Servicing
before the Committee on Oversight and Government Reform,
U.S. House of Representatives
March 19, 201

I was assigned my first home preservation specialist in June 2010. Problem is, since then I’ve had a total of 16 “single” points of contact!

Yes, in my case, apparently “single” means “sixteen.” And that doesn’t count the dozens of customer service queue people I have talked with, along with the folks who answer the phone in what used to be simple the “Office of the President” but has been renamed the Office of Executive Complaints or some such. At one point, way last summer, I counted that I had taken notes on phone contacts with 55 different Wells Fargo employees. It has to be closer to 70 now.

Somebody please explain to Wells Fargo and its legislative lackeys that “single” generally refers to one (1).

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Wells Fargo Lies About Faking Foreclosure Paperwork

The Lie
October 2010:

Wells Fargo spokesman Jason Menke said there’s no problem with the bank’s paperwork process. “We do not have a system in place where one person signs the affidavits while others do the actual reviews,” he said. “We are satisfied that our foreclosure affidavit process is sound.”   

The Truth
March 2012

“The affiants routinely signed and certified that they had personal knowledge of the contents of documents, including affidavits, without the benefit of supporting documentation and without reviewing the source documents referred to in the affidavits and verifying the accuracy of the foreclosure information stated in the affidavits. A number of affidavit signers admitted having signed up to 600 documents per day.”

2012-AT-1801wells

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One Big, Gaping Hole in the Mortgage Servicing Settlement

Aside from being way too small and way too sweet a deal for the banksters, the recently prematurely touted settlement between the attorneys general of 49 states (plus DC) and the five biggest mortgage banks has a big, major, enormous flaw.

That’s right. We citizens and consumers have been impatiently waiting for our states’ top defenders of the law to rescue us from the big fraud-factory banks. But it turns out a whole bunch of us weren’t included in the group of homeowners deemed worthy of legal protection.

Who? It’s right there in black and white on the official website for the National Mortgage Settlement:

“Loans owned by Fannie Mae or Freddie Mac are not impacted by this settlement.”

Yep, that’s right. If you’re one of the millions of homeowners whose mortgage was guaranteed/securitized (without your permission or even your knowledge) by these big government-supported enterprises, you are SOL. Left out. Deemed unworthy of the attention of your state’s primary consumer protection agency.

I’ve seen estimates of Freddie’s and Fannie’s immersion in the mortgage market stating they “own” from 50% to 80% of the mortgages in the nation. That means for the purposes of holding the banks accountable for the foreclosure fiasco, the situations of more than half of the taxpayers and voters and workers and even job creators in the U.S. were ignored by the officials who are tasked with overseeing justice for all their residents.

Even if your loan originated with and is still serviced by Wells Fargo, Citi, BofA, Chase or GMAC/Ally, the “investor” may still be Fannie or Freddie, big players in the so-called “secondary” mortgage market.

And that’s bad news for you because it means you have no access to the touted refinancing or principal reduction or other foreclosure-prevention options provided for by the settlement. If you were a victim of foreclosure fraud such as losing your home due to bank-forged paperwork, you have no access to the restitution payments.

Granted, getting a paltry $2,000 in exchange for having your home and your life’s savings stolen via fraudulent paperwork and underhanded maneuvering isn’t much. But, then, to be told that you aren’t even eligible due to circumstances you didn’t control, just because your state’s AG didn’t include you in his or her negotiations?

I’m furious. If you think your state AG should be protecting your rights as well as those of your neighbors, you should be, too.

If your mortgage is “owned” by Fannie Mae or Freddie Mac, I suggest you write a strongly worded letter to your state attorney general and ask him or her when your rights as a citizen of that state will be upheld.

Of course, you won’t get an answer. Well, in some states, maybe a form letter. But if enough people take the time to write, perhaps the AGs will realize we know they left a big, gaping hole in their deal and we’re not happy about being pushed into it.

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News Flash. The Banksters Have Been Screwing Us for Years!

News Flash! Huge Surprise! The big banks/mortgage servicers have been systematically screwing their customers for many, many years.

Says who? Says (writes) New York Times reporter extraordinaire, Gretchen Morgenson  one of the few mainstream journalists who really gotten her teeth into investigating and writing about the glaring misdeeds of the out-of-control financial-services sector.

Turns out that waaayyyy before the start of the current foreclosure feeding frenzy, mortgage servicers like my nemesis Wells Fargo were forging documents, force-placing insurance, fabricating fees and generally disregarding little details like laws. Practicing lying, cheating and stealing, presumably in a warm-up to the current all-out power and money grab event.

And all of this was documented and reported to the big players in the mortgage industry by Nye Lavalle, a wealthy businessman whose own family was targeted by the foreclosure fraud machine. Writes Morgensen:

“In hindsight, what he found looks like a blueprint of today’s foreclosure crisis. Even then, Mr. Lavalle discovered, some loan-servicing companies that worked for Fannie Mae routinely filed false foreclosure documents, not unlike the fraudulent paperwork that has since made “robo-signing” a household term. Even then, he found, the nation’s electronic mortgage registry was playing fast and loose with the law — something that courts have belatedly recognized, too.

And what did executives at Fannie Mae and its ersatz minders at the Federal Housing Finance Agency do about the wrongdoing documented by Lavelle? How about the top management at all the major players in the mortgage industry?

Clearly the fact that the same practices are currently being perpetrated by the same players, devastating the U.S. housing market and the lives of millions of Americans, indicates the answer is a big fat NOTHING.

Why? All sorts of reasons, most of them to do with the billions of dollars being made by the loan servicers and Wall Street. Money that has bought politicians at every level of government and then systematically urged those “public servants” to pass laws stripping power and funding from regulators and undermining the legal apparatus of property conveyance.

And there have been plenty of enablers, then an now, as Morgenson quotes Lavelle in her article:

“Any attorney general, lawyer, bank director, judge, regulator or member of Congress who does not open their eyes to the abuse, ask pertinent questions and allow proper investigation and discovery,” he said, “is only assisting in the concealment of what may be the fraud of our lifetime.”

Well, finally a few intrepid attorneys general at least made noises about coming to the aid of the people by going after the banksters for the blatantly fraudulent forging of paperwork. Time will tell whether the AG settlement (when it’s actually final) helps homeowners or turns out to be another big scam that only serves the banks and the politicians.

But don’t hold your breath for Congress to move against the giant cash cow that funnels billions into campaign war chests.

I believe the fight against mortgage and foreclosure fraud will continue to be fought in the trenches. That means every homeowner being jerked around by a bank on a refinance, a mortgage modification or a foreclosure needs to fight for his or her own rights.

And that reporters like Morgenson need to keep digging out the financial-services industry’s dirty little secrets and making them public. Maybe then the masses will stop believing the banksters’ spin that the foreclosure crisis was caused by “people who bought too much house.”

Even those lucky few who haven’t fallen victim to one of the big banks’ nefarious little games need to realize that the entire nation has been victim to an intentional, devious and very nasty WHAT conceived, constructed and carried out by the top managements of dozens of companies whose reason for existence is supposed to be providing services to the public.

I guarantee that every American  regardless of geographic location or income level or race or religion is no more than three degrees of separation from someone who has been victimized by the policies and practices of these institutions. If it’s not you, it’s your neighbor or co-worker, an old friend or a relative. It’s your dentist or dry-cleaner, your child’s teacher or coach, your trusted hairdresser or favorite waiter. You know someone who has been lied to and cheated by a bank or mortgage company or Wall Street firm.

Until people figure that out and a critical mass arises to say an unequivocal “NO!” to the continuing deceit and fraud, the best we can all do is stand up for ourselves and watch our own backs. I’ve been doing that for nearly two years now and I have to say I have come to the same conclusion as Mr. Lavelle:

“From my own personal experience and 20 years of research and investigation, nothing — and I mean nothing — that a bank, lender, loan servicer or their lawyer says or puts on paper can be trusted and accepted as true.”

Don’t say you haven’t been warned.

 

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Justice … or Just Another Scam?

In State of the Union, Obama Stands Up for Homeowners  Or does he?

Yes, on the surface it seems like President Obama’s announcement in last week’s State of the Union speech of a new Financial Fraud Enforcement Task Force means homeowners fighting the big banks’ foreclosure feeding frenzy will finally see some justice.

I hope it is so. But I have to say I’m a doubter. Why? Well, the administrations past actions and, more notably, inactions. Take for example, the much-touted HAMP program that was supposed to provide $50 billion to help 4 million homeowners keep their homes.

The program is a failure and a farce because it requires that those same banks whose unmitigated greed caused the foreclosure crisis in the first place will voluntarily comply with a toothless set of guidelines to help people refinance and restructure their mortgage loans. Instead the banks deliberately lie and cheat and string people along, then swoop in and foreclose. And neither the Obama administration nor Congress nor Attorney General Eric Holder nor any of the agencies that are supposed to oversee and regulate the banking industry has done a darn thing to stop the banks or help homeowners in any real way.

None of the executives involved in predatory lending practices or shady securitization schemes has gone to trial, let alone to jail. Nobody with any power to prosecute seems to cares that banks blatantly forged untold thousands of foreclosure documents, so why would the banks stop lying to people about pretty much every aspect of the so-called “home preservation” process?

And where is the political will to go after the fat cats, especially in an election year, when Wall Street and the banking sector provide billions in campaign contributions? We live in a time when the 30 of the country’s largest corporations (including my nemesis Wells Fargo) spend more on lobbyists than they pay in taxes and 25 of the 100 highest-paid CEOs make more money than their companies pay in federal income taxes.

Much as I admire New York Attorney General Eric Schneiderman, who has been tapped to head the new financial fraud squad, I don’t think he and a small task force will make much headway against all those dollars.

And speaking of will, where has the will been for the past three years as foreclosures reached record numbers and the customers of all the big mortgage servicers complained about the remarkably similar games being played to delay and deny their requests for mortgage relief? The president didn’t mention any new laws being needed for his task force to go after financial fraud; in fact, laws already exist. They just seem to have been ignored at all levels, from AG Holder right down to municipal courts and community law enforcement.

So, I do hold out a teeny bit of hope that at least some token justice will be doled out by this task force, though I’m not as enthusiastic as Rolling Stone reporter Matt Taibbi, who gleefully predicts that if the task force is for real we could see “half the luminaries on Wall Street doing prison time.”

I’m much more confident in Florida consumer lawyer Matt Wiedner’s analysis of the reasons why Obama’s announcement is just more propaganda designed to fool average Americans into thinking they and their issues mean anything at all to our so-called democratic leaders.

“The reason is quite simple….the banks and Wall Street are throwing hundreds of millions in bribes (campaign contributions) to shut up and buy off every bit of our government.

“Our government, at all levels, is entirely captive to corporations who do not exist to serve or protect The People.  They exist with one singular purpose in mind…maximize shareholder profits.

“So with that as background, I state that the President’s recently announced Financial Fraud Enforcement Task Force is nothing but theater. A farce. A cruel joke being played on Americans who think something will be done to protect them.”

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