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The Great Mortgage Mystery
WSJ ^ | 08 Oct 2010 | Brett Arends

Posted on 10/08/2010 3:28:48 PM PDT by Palter

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To: Tunehead54

Haven’t tried it; don’t anticipate a lot of success even if I do try it.

Do believe, though, that if standard contract law were followed, that should be the case.

Standard disclaimer - IANAL.


41 posted on 10/09/2010 3:18:59 AM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: proxy_user

And if the banks made loans to people unlikely to pay them, the banks are entitled to be screwed. Plus, if they can’t find the proper paperwork, they don’t get to foreclose. After all, they wouldn’t cut you a break, if you didn’t follow the proper procedure.


42 posted on 10/09/2010 4:37:57 AM PDT by nickcarraway
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To: Visceral
How can you tell if your mortgage was ‘’securitized?’’
Go here - https://www.mers-servicerid.org/sis/

Interesting site, thank you!

43 posted on 10/09/2010 6:35:22 AM PDT by Menehune56 ("Let them hate so long as they fear" (Oderint Dum Metuant), Lucius Accius, (170 BC - 86 BC))
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To: Neidermeyer
Janet Tkavaholi...This is the biggest fraud in the history of the capital makets. And it is not something that happened last week. It happened when these loans were originated, in some cases years ago. Loans have representations and warranties that have to be met. In the past, you had a certain period of time, 60 to 90 days, where you sort through these loans and, if they are bad, you kick them back. If the documentation wasn't correct, you would kick them back. If you found the incomes of the buyers of the loans were overstated, or the houses were appraised at too much value..you kick them back. That did not happen here. And it turned out there were loan files that were missing required documentation. Part of putting a deal together is that the securitization professional, and in this case that is the banks like Goldman Sachs, has to watch for this stuff. It is called "perfecting the security interest", and it is not optional.

These are not minor clerical errors. The statutory timeperiod to reconsile problems on these loans have passed and therefore are fatally defective.

But it gets worse. Having defrauded who knows how many home loans with no clear titles, the Goldman Sachs have taken those loans, bundled them as CDOs, claimed they were securitized, and sold them to your retirement fund. A minor clerical problem..I think not. This 'mess' is so tangled that it cannot be untangled as the law is written now.

So Goldman Sachs (We took the money selling defective CDOs). Goldman Sachs (We didn't know of the clerical error)..they could not help but know....it had to be engineered. Goldman Sachs (We did not even look to check even though the law requires it). These are the smartest people in the world, they tell us, and they are that incompetent...I don't think so. They are that nefarious and evil and morally corrupt as well as criminally liable. They should be tried, convicted, and jailed for the remainder of their lives. It is worse than any 7-11 store robery. They have done it millions of times. and each time more than a street thug would get if he robbed a 7-11 store. They have taken down the banking system with thier vacuous imorality. They are common theives which conducted difficult to understand theft. If Americans knew the depth of this criminality those banks would not exist. As it is the taxpayers are going to pay off their theft, and they will live like kings, having made sport of decent peoples work produt.

44 posted on 10/09/2010 9:52:44 AM PDT by Texas Songwriter ( ma)
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To: 3niner
Credit ratings should place much more emphasis on character.

During the go-go years 2002-2005, character was completely irrelevant.

Why?

Because NO ONE made a loan with the intention of holding the mortgage while it was paid back.

ALL these bad loans were flogged off to a series of third parties within days of being signed.

You want to see character count for something again? Require the originator of a loan to hold the paper for five years.

45 posted on 10/09/2010 1:45:20 PM PDT by Notary Sojac ("Goldman Sachs" is to "US economy" as "lamprey" is to "lake trout")
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To: Texas Songwriter; Chunga85

Please watch this ,, it’s long (38 mins) but well worth it ,, oral arguments in fromt of the Mass. Supreme Court ,, a major bank blunders through trying to explain the indecipherable and then the lawyer for the homeowner clobbers him with clear concise fact for 25 minutes. This gets to the heart of the matter. The banks that created this mess are going down HARD... http://www.suffolk.edu/sjc/archive/2010/SJC_10694.html


46 posted on 10/09/2010 3:16:50 PM PDT by Neidermeyer
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To: Neidermeyer

Here’s a great clip ,, FUNNY! http://www.thedailyshow.com/watch/thu-october-7-2010/mortgage-bankers-association-strategic-default


47 posted on 10/09/2010 3:23:13 PM PDT by Neidermeyer
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To: Palter; 2ndDivisionVet; blam; Kartographer; Chunga85; spetznaz; stephenjohnbanker; M. Espinola; ...
Guess what happens next ___ ? A white wash is coming:

Up to 40 States Plan Inquiry Into Foreclosure Data

Eric Holder is gonna lead the federal inquiry. The inquiry should not be made 'into foreclosure data' but into fraudulent lender practices. Get ready people. You heard it here first.


Foreclosure Velocity and House Prices

Click image to learn more . . .

48 posted on 10/09/2010 11:03:12 PM PDT by ex-Texan (Ecclesiastes 5:10 - 20)
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To: Neidermeyer; Roccus; TruthConquers; spetznaz; Fred; null and void; Kartographer; ex-Texan; ...
Wow! The CFE (Marie) sent me her entire affidavit but I hadn't seen the video until now! Thanks!

REMIC kick in the nuts bump.

49 posted on 10/10/2010 7:18:38 AM PDT by Chunga85 ("Foreclosure Fraud", TARP, "Mortgage Crisis", Bailout)
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To: Terry Mross
The whole thing sounds to me to have been a pyramid scheme with the bankers selling new securities to pay for the old ones and the real estate bust just cause the pyramid to collapse sooner than later.
50 posted on 10/10/2010 7:34:03 AM PDT by Kartographer (".. we mutually pledge to each other our lives, our fortunes, and our sacred honor.")
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To: Notary Sojac
ALL these bad loans were flogged off to a series of third parties within days of being signed.

In many cases, we are now learning that the AAA-rated MBS instruments were sold off to investors first, then the bank went around frantically scrounging for any illegal alien who could sign his name in English to take out the mortgages to back it up.

51 posted on 10/10/2010 7:35:28 AM PDT by Mr. Jeeves ( "The right to offend is far more important than any right not to be offended." - Rowan Atkinson)
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To: ex-Texan

Thx for the ping.


52 posted on 10/10/2010 7:36:07 AM PDT by Quix (Times are a changin' INSURE you have believed in your heart & confessed Jesus as Lord Come NtheFlesh)
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To: Chunga85; P-Marlowe; Roccus; Neidermeyer; BelegStrongbow; Fred

PFFP ping


53 posted on 10/10/2010 8:25:50 AM PDT by null and void (We are now in day 628 of our national holiday from reality. - 0bama really isn't one of US.)
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To: null and void
Background:

Senators seek halt to foreclosures - Reid fighting for his political life

BofA Halts All Foreclosures

BofA stops foreclosures in all 50 states

Obama sends foreclosure docs bill back to Congress (pocket veto)

Exclusive Bombshell of Foreclosure Fraud – Full Deposition of TAMMIE LOU KAPUSTA

Minnesota attorney general asks lenders to halt foreclosures

Texas Freezes Foreclosures

Can this monumental mortgage foreclosure train wreck be salvaged?

LISTEN TO THIS TERRIFING 911 CALL- BANK BREAKING DOWN A DOOR!

I got just what you need. Lender Processing Services’ DOCX Document Fabrication Price Sheet

54 posted on 10/10/2010 8:27:09 AM PDT by null and void (We are now in day 628 of our national holiday from reality. - 0bama really isn't one of US.)
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To: null and void
As this plays out the people who just blindly pay will be embarassed.

Onanism: Robosigners Satisfying Themselves. Hello? Yooo Hooo! It’s ALSO the Satisfactions of Mortgage!

55 posted on 10/10/2010 9:09:53 AM PDT by Chunga85 ("Foreclosure Fraud", TARP, "Mortgage Crisis", Bailout)
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To: Neidermeyer

Watching this is HIGH entertainment. The SC justices keep hammering him with questions to get down to EXACT details, and you can see that the counsel for the plaintiff is in way, way over his head on the mechanics of securitization and the paper trail that SHOULD have resulted.... but doesn’t exist.

The justices are asking very reasonable questions. “Where is this written? On which document?” and so forth.

The most hilarious thing is the whole “confirmatory assignment” which the justices point out could exist only AFTER an assignment has been done, and after the written document showing the assignment has been done.

The banking industry is so screwed. They have created a paper trail that is so complicated that lawyers and judges cannot follow it. Lawyers and judges, who are professionals used to shuffling and tracing a LOT of paper....

The whole “assignment in blank” thing is the crux of the issue. The real assignment is done “in blank” (not naming an assignee) and they fill in the name in the “pooling and servicing agreement” - which is NOT recorded anywhere. Then he calls the assignments in blank “confirmatory” assignments.

They’re so screwed. I think that the banks are about to be hoisted upon their own petards.

Own goal for the bankers.


56 posted on 10/10/2010 2:30:15 PM PDT by NVDave
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To: Chunga85

REMIC kick in the nuts bump.
**************************************
You said it ,, those wall street bonuses are going to look REAL skimpy when they have to pay 10 years of back taxes with penalties on the rape of the American people they perpetrated... might even be enough to “unbankrupt” the majority of the states.


57 posted on 10/10/2010 2:46:22 PM PDT by Neidermeyer
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To: NVDave
Here's a screensave of the banksters lawyer and his understudy...


58 posted on 10/10/2010 3:08:51 PM PDT by Neidermeyer
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To: Palter

Real Estate Fraud bump for later.......


59 posted on 10/10/2010 3:44:45 PM PDT by indthkr
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To: Neidermeyer

This was just this week.

WOW, this “non-assignment” assignment has happened to us. Now, I understand. Somewhere along the way OUR mortgage, that we put a 20% down on, AND have been paying with no late fees, was “Assigned” without a recording OR notice to us. THAT is how BofA thought they could ‘assign” us to Fannie. Then in Fannie’s own letter tells us it is NOT recorded. But there is no record in our county of ANY linkage between our first mortgage holder and BofA.

wow.

And our servicer is just as clueless.

We most likely DO NOT HAVE CLEAR TITLE!!!

What do you think will happen? When will the decision be made?

One of the judges seemed very sympathetic with the realtors. She seemed to care about HOW this will play out across the nation, 200 years of common law be damned.


60 posted on 10/10/2010 4:03:14 PM PDT by TruthConquers (Delendae sunt publicae scholae)
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