We have come a long way in six years. Back in 2007 almost everyone
thought that the mortgage bonds were valid instruments issued by a valid
entity that owned valid mortgages.
Now we have Reuters news service reporting that “home loans
underlying securities were rotten from the start.” Thus we are crossing
that line where the critical mass of thinking is changing the
assumptions and presumptions about whether the mortgage bonds were real
and about whether the mortgage loans were real. It is becoming
increasingly apparent that neither the mortgage bonds nor the mortgage
loans had any basis in reality.
Paperwork was all fabricated for the purpose of allowing the banks to
pretend ownership over the bonds and the underlying loans plus
justifying the purchase of insurance and other hedge products and
justifying the claim of a loss on investments the banks never made. The
government rescued the banks from a loss they never incurred — basically
money that should have been refunded to the investors and lowering or
negating the balance due on any loans made to homeowners. Currently the
banks are selling these nonexistent investments consisting of
nonexistent mortgage bonds issued by nonexistent trusts with nonexistent
assets based upon nonexistent loans.
The largest buyer of this crap is the Federal Reserve. This would be
the same agency that declared that the collapse in the mortgage markets
was “contained.” That was in 2007. The question could legitimately be
asked whether the government officials were stupid or simply lying. And
the same question could be asked now.
So we really have several issues that are now due to go in reverse
despite the apparent drumbeat of foreclosures that continue to be
rubberstamped by judges who don’t know or don’t care to know the truth
about mortgage loans today. The two main issues are ownership of the
alleged loan and the actual balance of the unpaid account receivable.
Regulators and officers of law enforcement are just on the cusp of
understanding that the money that showed up at the time of the closing
with the borrower/homeowner was stolen and that the theft was covered
up under layers of paperwork. Alan Greenspan, who was chairman of the
Federal Reserve at the time the banks were on a spree of highway
robbery, admitted that neither he nor the 100 economists employed by the
Federal Reserve understood one word of the so-called securitization
instruments. It was his opinion that the “free market” would correct
whatever was wrong. He now concedes that he was wrong to conclude that
the market was “free” and he was wrong to conclude that any self
correction mechanism could or would work.
As the stench rises from the mortgage bonds and the details are
revealed as to how the banks handled the money one might be convinced
that this awareness will “trickle down” to the homeowners and borrowers.
Don’t hold your breath. Most people in the marketplace and most
judges have somehow reached the conclusion that they can lift a stick
that is burning on one end and still say “the stick is not burning”
because they are holding the end that is not burning.
It may be years yet before there is general consensus that the entire
mortgage process was rotten from top to bottom. Thus it is an absolute
requirement to litigate, admit nothing, and seek discovery from each key
point in the illusion that was called the “securitization chain.” On
nearly all “self evident” points there is a lack of corroboration,
evidence or truth despite all appearances to the contrary that were
carefully constructed by the banks. This illusion is what keeps lawyers
from feeling comfortable about denying the documents that were
apparently signed, about the default on a loan that was apparently made,
and consigning themselves and their clients to the inevitability of the
foreclosure.
In the end, when the accounting is done in accordance with generally
accepted accounting principles, it will be understood that millions of
people were forced out of homes they owned based upon loans with no
balance due — documented by loan documents with no validity possessed by
strawmen who were covering for the Wall Street banks as they diverted
investor money from mortgages to insurance and from loans to credit
default swaps. These strawmen were covering for the Wall Street banks as
they diverted the loan documents from the investors to the banks
themselves, enabling the banks to sell counterfeit bonds based on
counterfeit mortgages securing counterfeit notes referencing counterfeit
account receivables — all for 100 cents on the dollar and then another
hundred cents on the dollar and then another hundred cents on the
dollar.
With Wall Street banks sucking up all the money existence somebody
had to lose a lot of money. The answer was of course the investors who
were tricked and deceived into buying investments that the investment
bank would never buy for its own account, based on loans that the
investment bank would never have approved if they were using their own
money. In fact, the investment bank would never have approved the loans
even if they were not using their own money — but for the fact that
they were making 100 cents on the dollar several times over on each loan
regardless of whether it was a good loan or a bad loan.
And the investment banks knew for a fact that the fund managers of
pension funds and other investors would not and indeed could not invest
in high risk securities. So they it look like these were low risk
securities exempt from securities regulation when in fact they were
running a PONZI scheme that diverted the money from the investment
vehicle to the pockets of the bankers.
In the end it is the little guy, the common man, who suffers the
consequences. If he owns a house he’s going to lose it even though there
is no balance due on the loan he received. If he manages to keep the
house he’s going to pay a loan that does not exist to a creditor that
never loaned him the money but who received payment on the fictitious
loan several times over. It is not just the taxpayers who are getting
hit and who are entitled to restitution from the financial services
industry. It is everyone who lives and works (or who wants to work) who
pays the price. It is a society based upon freedom and fair play that
has turned into debt bondage and foul play.
ROTTEN FROM THE START: REUTERS
http://www.bloomberg.com/news/2013-08-07/bofa-put-toxic-debt-in-bond-as-staff-resisted-u-s-says.html
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