Thursday, November 18, 2010

URGENT, House of Representatives Financial Services Housing and Community Opportunity Subcommittee, mortgage servicing issues, Thurs, Nov. 18, 2010

URGENT, House of Representatives Financial Services Housing and Community Opportunity Subcommittee, mortgage servicing issues, Thurs, Nov. 18, 2010 at 10AM (or thereafter).

A mirror meeting to the one held two days earlier in the Senate, but this one is for the House of Representatives. This one has gone under the radar a bit but should be on CSPAN, the House of Representatives channel.

UPDATE: 2:00 Eastern Standard Time. I saw a small portion of the hearing. I could not find which channel it was on, and I mistakenly thought it would be on the House of Representative CSPAN channel, when instead it was on CSPAN-3. Then when I found it, I heard about 10 minutes, when they cut away to the Charlie Rangel misconduct hearing.

I'm hoping the meeting will be available as an archive and will share the info when I find out. If you know, please leave it in the comments section.

thanks.

Edit update: Nov. 27, 2010 10:55 pm.

Wednesday, November 17, 2010

HR 3808 REJECTED! Presidential veto stands! For Now.

Hooray, HR 3808 REJECTED! Presidential veto stands! However, I think I heard that the motion would be going back to committee. Yikes!

ONLY SIX REPUBLICANS VOTED NO!
Like I say, A republican politician never met a bankster they did not like. Final vote was 185 yes, 235 No.



Watch HouseLive Beta - Nov 17, 2010 - The VOTE ON HR 3808.

Watch HouseLive Beta - Nov 17, 2010 to see if Barack Obama's veto of HR 3808 (a good move), is overturned by the House of Representatives.

UPDATE: 3:04 EASTERN STANDARD TIME. This looks like a hit or miss venture. There were other issues on the table today including airport screening practices and security, who the new party leaders will be, and so on.
I don't think the HR 3808 vote has happened yet.

UPDATE: 5:09 EASTERN STANDARD TIME. The HR 3808 vote is coming up. Nancy Pelosi and her freshly slurped kool aid mustache is speaking as if its a victory to be in the minority. Who Knew!

UPDATE: 5:17:00 EASTERN STANDARD TIME. The HR 3808 Vote is ON.

Tuesday, November 16, 2010

CSPAN3's coverage of the Nov. 16, 2010 Banking, Housing and Urban Affairs Mortgage Service & Foreclosure Practices Hearing.




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Here is the link for a CSPAN3 video recording of gavel to gave coverage of the Banking, Housing and Urban Affairs Committee Hearing on Mortgage Services and Foreclosure Practices. (PLEASE NOTE, THAT WAS A LIVE LINK AND CHANGES DAILY.)

I suggest anyone with a blog find at least ONE EXCHANGE that you think is important, and TRANSCRIBE IT.

Many issues came up in the hearing. Some of the main points raised included...

1. The committee was curious as to the number of homeowners who have been adversely affected by all aspects of the foreclosure controversy. NOBODY is willing to give a number. My suggestion, come up with a percentage. 10% may be the point of no return where pretty much everybody would agree that is way too high of a number.

But what if the percentage of problems is around 1% to 2%? Obviously still a huge number, but, is it a big enough number to actually grind the entire foreclosure process to a halt?

Diane E. Thompson pointed out that the reason the number of defective foreclosures is hard to know is that many times draconian fees were the tipping point that made the foreclosure happen. The foreclosure paperwork may have been correct, but how the situation escalated to a foreclosure situation may not have happened ethically.

2. The mortgage servicer and the investor are more adversarial with each other than cooperative. This is important because between the mortgage servicer, the investor, and the bank, there can be three different entities with three entirely different agendas. Diane E. Thompson pointed out that the banks are trying to hide their defective loans to make their books look good, so their agenda can be different from either the investor or mortgage servicer. Three entities, three different agendas, all against the homeowner, ouch!

3. A good bit of time was spent on PARALLEL FORECLOSURE. The bottom line was that the issue of Parallel Foreclosure IS KNOWN, and it just stinks to high heaven. The banks tried to claim that they are working on having the SAME PERSON handle an account all the way through which might help with communication between the foreclosure wing and the HAMP for HAMPsters wheel. However, I seem to recall Chase Bank admiting they begin foreclosure on homes that require HAMP before HAMP commences.

Here is Bank of America's actual use of the word "parallel foreclosure" during the hearing.

4. Early on, a group of homeowners who were in attendance LOUDLY BOOED when the Chase Bank rep, David Lowman, began to babble his spittle about caring for the community and the homeowner. One man was escorted out of the hearing in handcuffs by security guards for shouting out that Lowman was Lying.

5. Another key point raised by the committee was the concern that as a foreclosure occurs, the other homes in the area reduce in value. I recall reading that each foreclosure in a neighborhood reduces the surrounding homes by 1 percent. During the committee hearing, they were using 5% as their benchmark, perhaps referring to a few foreclosures in each neighborhood.

6. The Banksters continued to claim that they would prefer the homeowners not be foreclosed on and that it is more profitable to keep a homeowner in their home then foreclose on them. I personally don't believe this at all and my research seems to confirm they are lying.

7. I don't think the down payment issue was mentioned, but I will have to listen again to the entire program to know for sure. Until the down payment is put back on the table during a foreclosure, (meaning the homeowner gets back a signficant portion of the down payment if they are foreclosed on), banksters will probably continue to prefer foreclosure to working with the homeowner.
Of course there were several more issues raised, and I will add them after reviewing the program again.

WATCH C-SPAN 3 RIGHT NOW. 2:30PM EASTERN TO 5:00PM EASTERN, NOV. 16, 2010 FOR HEARING ON HAMP.

WATCH C-SPAN 3 RIGHT NOW. 2:30PM EASTERN TO 5:00PM EASTERN, NOV. 16, 2010 FOR HEARING ON HAMP. DON'T FORGET TO CHECK OUT DIANE E. THOMPSON.

UPDATE, 5:55PM EASTERN, HEARING STILL GOING ON.

UPDATE, FINISHED ABOUT 5 MINUTES AGO, AROUND 3:04PM EASTERN.

Diane E. Thompson to speak about HAMP today, Nov. 16, 2010, at the Banking, Housing, and Urban Affairs committee hearing.



I've tried to piece together a few of the more important aspects of the HAMP crisis, and it is a crisis.

Here are five important points about HAMP to be aware of prior to Diane E. Thompson's return 16 months later to Washington.
1. Read Diane E. Thompson's July 16, 2009 report to learn that all of HAMP's problems were identified back then.

2. Barack Obama has taken credit for the HAMP program when it first was announced on February 18, 2009 and then again as recently as Oct. 27, 2010 when Phyllis Caldwell, Chief of Home Ownership Preservation Office, proclaimed HAMP hugely successful.

3. The latest spin from HUD is that HAMP just puts off the inevitable foreclosure. OUCH!

4. Banks are NOT OBLIGATED to follow HAMP guidelines, therefore any HAMP violation by the banks might be easier to void in a court of law. Although homeowners could argue that once a bank agreed to accept a specific HAMP application, the banks should have honored ALL HAMP guidelines for that particular HAMP application.

5. Banks accepted HAMP applications AFTER initiating Parallel Foreclosure, a definite no no. OUCH AGAIN!
I will be interested to see what Diane E. Thompson has to say 16 months later.

Monday, November 15, 2010

The Problem with Predatory Loans and an Example of a Predatory Loan.


Too much blame may be being placed on the homeowner when they agree to a predatory loan. It seems to me that a knowledgeable loan rep can figure out how to eek through the loan app system a loan that barely passes, thereby resulting in the highest interest rates and biggest balloon payments allowed.

What if the loan rep had asked the mortgage loan applicant for a written list of their debts and other potential credit score blemishes, then ran a separate credit report and noticed that the report provided by the customer mentioned things that the credit history report did not show?

What if the loan rep did not reveal all of the blemishes that the homeowner revealed to the loan rep, specifically to make sure the loan barely passed, versus failing?
Could not the loan rep decide what additional credit blemishes from the customer's written list to add or withhold so the mortgage application just barely passes, thereby allowing the loan rep to charge the highest interest rate with additional balloon obligations as well?
It seems like the loan rep wins big time if they can barely pass a customer's mortgage loan app. If the customer successfully makes the predatory mortgage payments, the loan rep wings, if the customer defaults because of the predatory interest rates, then the 17 income streams that can be generated because of a foreclosure kick in, including the loss of the down payment.
Excessive interest rate variations between good credit score customers and bad credit score customers may be causing predatory lending. Maybe the highest interest rate loan versus the lowest interest rate loan should be kept within a very narrow difference, of say, 2 percentage points, to help avoid the practice of predatory lending.
Why not offer every mortgage applicant the SAME interest rate and control the amount of money a mortgage applicant can borrow?
Example of a Predatory Loan.

My example uses the premise that Mortgage Loans should not be given out if the bank thinks the customer will fail on them.

Customer A and Customer B get 300,000 dollar loans.

Customer A, with a "poorer" credit score than customer B, is offered 30 years at 8.085 percent interest, which equals a monthly payment of 2,219.10

Customer B, with a "better" credit score than customer A, is offered 15 years at 4.00 percent interest, which equals a monthly payment of 2,219.06

Remembering our premise that banks should not approve any loan that they think may fail, and since Customer A is making the same monthly mortgage payment on the same amount loaned as customer B, but for TWICE AS LONG as customer B, Customer A is the VICTIM of Predatory loaning!
Home loan applicants that are being extended into 30 year mortgage loans for the same monthly payment that they could have gotten in a 15 year loan that came with a lower interest rate is PREDATORY LENDING.
If I were an attorney trying to prove that predatory lending victimized my forclosure client, I would try to find examples where similar loan amounts were being approved to other home owners near where they lived that allowed the applicant to pay off a loan in half the time, but with the same monthly payment amount.
That IS discrimination and it is IRRELEVANT to say the customer who got to pay off the same mortgage amount in half the time got that deal because they had a better credit score.
In my opinion, any mortgage loan that is going into foreclosure that has any hint of predatory lending attached to it should be suspended until the monthly mortgage payment is recalculated at a fairer interest rate and the excess already paid is credited back to the homeowner; a significant portion of the down payment is credited back to the homeowner (plus any accrued home equity); and that total amount is then converted into "rent money" that could keep the homeowner in their home for several additional months or years with no additional mortgage payments necessary.

Or, the homeowner could be handed a check based on the down payment, accrued equity, and the monthly difference between a predatory loan and what a legitimate loan would have cost, if they desire to leave the home sooner rather than later.

Thursday, November 11, 2010

Not Breaking News because it's almost 16 months old, but Diane E. Thompson's July 16, 2009 Senate Committee Hearing critique of HAMP is STILL VALID.


Barack Obama has chosen to take a path of deception regarding HAMP that has resulted in over a million homes being unfairly foreclosed upon even though Obama was publicly warned about what was wrong with HAMP back on July 16, 2009!

Barack Obama's impudence recently escalated (Oct.27, 2010) when he had Chief of Homeownership Preservation Office Phyllis Caldwell give verbal and written testimony Before the Congressional Oversight Panel | RealEstateRama that claimed everything was fine with HAMP.


If you are an attorney representing a homeowner who was subjected to violations of how HAMP was supposed to perform, and those violations occurred well after July 16 of 2009, you can click here to read the written testimony given in front of the United States Senate Committee on Banking, Housing, and Urban Affairs by Diane E. Thompson.

The question remaining to be asked is, is it fair and reasonable that 16 months after receiving official notification in front of the Banking, Housing, and Urban Affairs Committee by Consumer Advocate Diane E. Thompson that Barack Obama and his administration are still using a poker face to say everything is fine, when the problems outlined by Diane E. Thompson 16 months ago still remain?

If I were a homeowner with a HAMP case and a good lawyer, why not subpoena Barack Obama? Barack Obama has not only taken credit for HAMP when he first announced it, he has recently had one of his paid personnel go in front of a congressional oversight committee and say the HAMP program is a success.

Is that not perjury?

If it is perjury, than Barack Obama needs to answer more questions in court over this matter, no?

Wednesday, November 10, 2010

Barack Obama administration will have to deny that homeowners were forced to fall behind 3 months on their mortgage before they could apply for HAMP.

I have spent a good deal amount of energy posting that Barack Obama has committed an impeachable act by forcing homeowners to fall behind on their mortgage payments before they can apply for HAMP (Home Affordable Mortgage Program).

The Federal Hobbs Act has an extortion clause that makes it illegal to use the "color of right" to evict a homeowner. This means that using falsified foreclosure paperwork, including running up unethical penalties and fees to make it impossible for the homeowner to catch up, would be a violation of the Federal Hobbs Act.

It would also be a violation of the Federal Hobbs Act to lure people into a taxpayer funded program by forcing them to first trigger parallel foreclosure before the homeowner can even apply for the HAMP program.

However, what if the Barack Obama administration simply denied that homeowners were forced to get behind in their mortgage payments before they could apply for HAMP? HAMP actually states that banks cannot continue with the foreclosure process while the HAMP evaluation is going on, yet we know banks violated this part of the HAMP program as well by practicing Parallel Foreclosure.

Parallel Foreclosure is another smoking gun that is still not being called parallel foreclosure. Although last night I read that in Arizona they are calling Parallel Foreclosure, "Simultaneous Foreclosure".

So what if the white house and the (do I even need that second the?) banking industry denied that mortgage payments had to be missed, triggering parallel foreclosure, before a homeowner could apply for HAMP? Could home foreclosure lawyers prove otherwise? If a homeowner is being told over the phone that they cannot apply for HAMP until they are three months behind on their mortgage, is phone conversation proof enough that homeowners were forced to miss payments before becoming HAMP eligible?

Barack Obama and his 2008 campaign were notorious for changing or removing items on their website if the issue became controversial. The HAMP, HARP and UP combined website page seems to tap dance around the issue of falling behind before becoming eligible.

Also, when Barack Obama promoted HAMP, I don't recall him ever mentioning HARP. HARP does not require homeowners to fall behind on their payments!

HARP simply tries to refinance a homeowners home loan to a lower interest rate and better terms for those who feel they are in danger of defaulting in the near future.

Why was HARP not mentioned more often? Worse still, those who fail HAMP cannot then apply for HARP. There seems to have been an agenda in place to prematurely encourage homeowners into HAMP when HARP may have been all that they needed.

So my question is, has Barack Obama, his administration, the banksters, note holders, mortgage servicers and investors pulled a fast one by not officially putting in writing that a home owner has to fall three months behind on their mortgage before being able to apply for a HAMP loan, even though this appears to be have been a requirement for a homeowner to eligible to apply for HAMP?

I suggest you lawyers collect as many of the three months behind demands that were put in writing that you can find. Otherwise one of the biggest violations involving HAMP, the three months behind on mortgage payments before being eligible to apply for HAMP that resulted in Parallel Foreclosure actions, (which could lead to a HUGE class action lawsuit), could go away.

Monday, November 8, 2010

Mortgage aid puts homeowners on shaky foundation



Just another example of HAMP and Parallel Foreclosure working in unison to lure homeowners into the accelerated loss of their home.

Thursday, November 4, 2010

Its not just that big banks held on to the bailout money, its that the government won't make it possible for americans to dig themselves out of debt.

The damage being done to main street by our own government and wall street, is two fold. Not only has the government given out money to the banks that never made it back to main street, but the government refuses to provide financial incentives for main street to get out of debt on its own.

This second point is very disconcerting to me. It's one thing if the government decides to prop up our banks so they don't fail, but its quite another, and even more unacceptable, for our own government to not offer any interest rate reduction incentives to main street to allow main street to help itself get out of debt that it already has accrued.

The government tries to focus the discussion on giving out NEW loans, giving out NEW loans, giving out NEW loans. However, the alternative approach, that would not cost the government anything, would be to reduce interest rate charges on EXISTING DEBT to people who can pay down their credit card, auto, and mortgage related obligations.

I've written a four point economic plan at Wall Street Change that gives four ways for the government to help main street recover and none of the four ways requires the government to provide loans, or money, or even forgive debt!

Monday, November 1, 2010

Exploring how Barack Obama has Violated the Federal Hobbs Act and why this is an impeachable offense.


Has Barack Obama and his White House staff used "extortion" to have his way with homeowners who are being foreclosed upon?
According to 18 USCA 1951 - The (Federal) Hobbs Act

(2) The term ''extortion'' means the obtaining of PROPERTY from another, WITH HIS CONSENT, induced by wrongful use of actual or threatened force, violence, or FEAR, or under color of official right.
When Barack Obama required that homeowners fall behind 3 to 4 months on their home mortgage payments BEFORE THEY COULD EVEN APPLY FOR HAMP (Home Affordable Mortgage Protection), a process called parallel foreclosure would kick in that accelerates the foreclosing proceedings upon that HAMP applicant.

It is a loose technicality to say that Barack Obama did not mandate parallel foreclosure personally, so therefore he is free and clear of Federal Hobbs Act violations. Barack Obama LURED homeowners into HAMP, and to apply for HAMP required applicants to be subjected to Parallel Foreclosure.

For Barack Obama to be extricated from Federal Hobbs Act liability, he and his staff would need to first claim under oath that parallel foreclosure was never discussed in all of those meetings at the white house with bankers.

But besides denying the discussion of parallel foreclosure, Barack Obama and his staff would have to prove that they were COMPLETELY UNAWARE of parallel foreclosure FOR THE PAST YEAR AND HALF, and once again, do this under oath as well.
I have known about parallel foreclosure for approximately a year now.
Is it feasible that Barack Obama and his staff are STILL unaware of parallel foreclosure?
If Barack Obama and his White House staff knew about parallel foreclosure, knew that banks were imposing parallel foreclosure as a precursor to HAMP eligibility, yet continued to promote HAMP; are they not in violation of the Federal Hobbs Act?
Once Barack Obama took the microphone and publicly took credit for HAMP, he became subject to Federal Hobbs violations.
According to 18 USCA 1951 - The (Federal) Hobbs Act
(2) The term ''extortion'' means the obtaining of PROPERTY from another, WITH HIS CONSENT, induced by wrongful use of actual or threatened force, violence, or FEAR, or under color of official right.


Friday, October 29, 2010

Why Banks appear to be so eager to foreclose on as many homes as fast as possible, perhaps its the Fifteen revenue streams that are created.


Why do Banks want to foreclose on so many homes so quickly?

I have come up with a list of possible foreclosure income streams that get generated when a bank forecloses on a homeowner. This list could explain why the banks are in such a rush to foreclose on a homeowner and not so interested in helping the homeowner.

1. The banks keep the original down payment once a home is foreclosed, which can be anywhere from 5% to 20% of the possibly over inflated value of the home when the foreclosure victim first purchased the home.

2. Home Equity lines, yes, there still are PLENTY of homes that have home equity value in them, which gets forfeited back to the banks as well. Think of it as filling up a piggy bank, and once full, it's all yours, but instead, its broken into and all of the contents go back to the big pig. In many instances, the piggy bank, (the home), is not broken and can be resold again.

3. Fees - lol, I know they exist because they are mentioned in practically every article I read about home foreclosures. The mortgage servicer may try and tack on an additional home insurance policy or pay for legally suspended property taxes then demand payment, which may include additional fees for creating the unnecessary charges.

4. Penalties - such as losing a home because a monthly payment was fourteen cents short and the resulting penalties equaled over 2,000 dollars, when this penalty cannot be paid, future mortgage payments are refused and foreclosure actions are initiated.

5. Accruing Interest charges on fees and penalties. If a fee or penalty is too much to pay, the fee/penalty debt begins accruing interest rate charges and possibly additional penalties as well.

6. Assessing charges for reselling the foreclosed home, such as the ads that are required to resell the foreclosed home and all ensuing paperwork.

7. Professional service fees that can range from attorneys & accountants, to appraisers and home improvement services.

8. MORTGAGE INSURANCE claims on the foreclosed home by the bank, called PMI's, can pay out 20% of the value of the home when originally purchased.

9. Banks can claim Income tax deductions from alleged losses from a foreclosed home.

10. Possibly an infusion of money from the government to the banks that we don't know about that replaces the "lost income" from the foreclosed upon home,

11. A new homeowner's down payment,

12. Monthly payments from the new homeowner,

13. Collecting money from the foreclosed upon homeowner and soon to be indentured debtor since they still owe the difference from the sale price of the house (many times less than 50% of what the foreclosed upon homeowner purchased the home for), plus accruing penalties and fees, and the original mortgage,

14. The foreclosed upon homeowner now has to rent, creating an income stream for some other bank owned property.

15. The foreclosed upon homeowner's credit is ruined and any future credit they do get will be with the worst possible terms, meaning the highest possible interest rates.

By foreclosing on the homeowner, the mortgage servicing company, the holder of the note, and the banks appear to be able to generate 15 income streams!

When Barack Obama helped pioneer HAMP (home affordable mortgage protection) the banks were offered 1,000 dollars to help homeowners reduce their home loans.

If you were either a note holder, investor, or bank, which would you prefer, fifteen income streams for foreclosing on a home, or a shiny 1,000 dollar bill from our government?

If anybody out there has additional forms of income from foreclosure actions that I am unaware of, please contribute them in the comments section.

Thursday, October 28, 2010

Foreclosures: Homeowners who get loan modifications still losing to (parallel) foreclosure - South Florida Sun-Sentinel.com


Sigh, I have actually had to resort to inserting the word "parallel"(in parenthesis) in front of foreclosure in the above title link because I just don't know how to get the word out, or phrase out, about the destructive power of parallel foreclosure and how I believe it could and should lead to Barack Obama's impeachment.

A president just can't use taxpayer money to create a taxpayer funded program supposedly for that same taxpayer, such as HAMP, but then expose that taxpayer to the actual risk of LOSING THEIR HOME just so they can take advantage of this federal program.

And even if one were to say, "oh, parallel foreclosure was a mistake and Barack Obama fixed it", the answer would be, "No, Barack Obama has not fixed the mistake and he has had 18 months to find the parallel foreclosure "mistake" and fix it".

"Parallel Foreclosure exists" and there may be anywhere from 250,000 to a million victims of this process, and that surely has caused enough devastation to warrant an impeachment.

Tuesday, October 26, 2010

Aussies Get the American Deal of the Century, American foreclosure victims pick up the tab, Barack Obama and the Republicans pretend everything is ok.

CLICK ON IMAGE TO ENLARGE.

The Aussie couple pictured above is very very happy.

The Australian dollar is at an all time high and they've just gone shopping for American Homes for 15-20 cents on the dollar! And the news gets even gooder!

The foreclosure victims will be hit with the loss of their original down payment and any built up equity, additional foreclosure debts such as paying for the ads to sell their foreclosed upon home, additional filings and paperwork and late fees piled on top of all kinds of penalties as well.

Rumor has it the american foreclosure victims may even get to serve as butlers and maids for the Aussies so they can pay down their foreclosure debt in 19 years, rather than 20.


Cashed up Aussies buy up big in the States!

When Barack Obama was asked what he thought of the foreclosed upon, displaced americans who may need decades to pay off their own foreclosure debt while the Aussies get such a great deal. Mr. Obama was rumored to have replied, "Shucks, we offered the banks A THOUSAND DOLLARS for every HAMP deal they could complete, who would have thunk that investors holding the note would not want to cooperate over such a generous offering to the bank!" (the bank and the note holder are not necessarily the same entity)

When Mr. Obama was then asked if perhaps the note holders would rather foreclose on the homeowner so they can keep the initial down payment, any accrued equity, charge fees and penalties including all the real estate ads needed to resell the home, plus resell the home so they can collect another down payment, Mr. Obama paused for a long moment and allegedly said "hmmph, maybe we should have offered the banks 1,500 dollars for every HAMPSTER, er, for every HAMP deal they made."

Thanks to ABC Australia for the report and Matt Weidner for getting the word out.