MORE EMPTY TRUSTS. This time, it's Deutsche Bank
Royal Park Investments v. Deutsche Bank
Excerpt at 440: The need to fabricate or fraudulently alter mortgage assignment documentation provides compelling evidence
that, in many cases, title to the mortgages backing the certificates
plaintiff purchased was never properly or timely transferred. In fact,
plaintiff has conducted investigations on the loans underlying several
of the offerings at issue herein to determine whether the loans were
properly transferred to the trusts. In each case investigated, the vast
majority of loans
underlying the offerings were not properly or timely transferred to the
trusts. (Same law firm as in Phoenix Light below)
MORE EMPTY TRUSTS
Phoenix Light v. JPM, EMC & Bear Stearns
Excerpts:
The need to fabricate or fraudulently alter mortgage assignment
documentation provides compelling evidence that, in many cases, title to
the mortgages backing the certificates plaintiffs purchased was never
properly or timely transferred.
Plaintiffs reviewed the
transfer history for 274 loans that were supposed to be timely transferred to this trust. Sixty-six (66)
of the loans were not and have never been transferred to the trust. In addition, several other loans
that were supposed to be transferred to the trust were transferred to entities other than the trust, but
not to the trust. The remainder of the loans (approximately 140) were eventually transferred to the
trust, but all such transfers occurred between 2008 and the present, well beyond the three-month time
period required by the trust documents and far after the three-month period for the trust to maintain
its tax-free REMIC status. In other words, none of the reviewed mortgage loans were timely
transferred to the trust, a 100% failure rate
Promissory Notes Used to Build Houses for Groundhogs -- while American homeowners are being illegally thrown out of their debt-free homes. "After
my brother-in-law died, I inherited a number of boxes filled with
mortgages and stored them under my front porch where groundhogs made a
nest of them."
Counterfeit Fortunes for Criminal Fraudsters and the Wicked Switch of Wall Street
Naked
short selling of American mortgages and the counterfeiting that
resulted are responsible for the present threat to homeowner rights.
Dematerialization (computer scanning of mortgage notes) and shredding of
documents have stripped the banks of their security interest in the
loans. All foreclosures need to end until the truth is told.
I personally destroyed thousands of mortgage documents through the same process using a desk-top scanner.
The banks have destroyed their ownership interest (security) in all the
mortgages pre-dating the melt-down and beyond; the pink slip no longer
exists.
The banks are involved in a systemic criminal theft-by-deception; they
don't own the loans they are attempting to mine through foreclosure,
refinance, modification, short-sale, deed-in-lieu and reverse mortgage;
in each of these processes they are tricking borrowers into returning
the signatures they destroyed, in some instances, decades ago. - Michael Keane
This is a Five ***** read
Homeowner Can Challenge Mortgage Assignment
The
basic requirements of standing are that the plaintiff suffered an
injury to a legally cognizable interest and is asserting his own legal
rights rather than those of a third party. See id. at 6. Elesh
unquestionably meets the first requirement; the recorded assignment constitutes a cloud on his title (the injury), and Deutsche Bank recently relied on the assignment to prosecute a foreclosure action against him.
ELESH v. MERS, Deutsche Bank
This is a Five ***** read
It is unforgivable that our own American judges have become
co-conspirators to multiple felonies by taking the affirmative step of
granting facially void judgments to help conceal the banks' use of
counterfeit promissory Notes and other faked documents to steal
trillions of dollars of homes in the United States --- and in plain view
of the U.S. government, law enforcement and the public.
Your Mortgage Documents Might be Fake!
New Fraud Evidence Shows Trillions Of Dollars In Mortgages Have No Owner
Other
evidence of widespread mortgage fraud has recently surfaced.
Researchers looked at just one mortgage lender that was a major player
in the subprime bubble. They found fraudulent misrepresentations of 9
percent of all loans sold off to financial firms seeking to package up
loans into mortgage-backed securities, and in 93 percent of those misrepresentations, the lender knew it was lying about the nature of mortgages it was passing along.
The researchers stress that the actual fraud rate is likely higher, as
they only searched for two specific forms of misrepresentation.
Despite the growing mountain of evidence of fraud in both mortgage
securitization and foreclosures, the federal government’s response has
been feeble. The 2012 settlement has failed to stop bank abuses. A
much-touted program to provide relief to homeowners failed to serve
nearly as many as intended.
Showing posts with label bear sterns. Show all posts
Showing posts with label bear sterns. Show all posts
Thursday, September 12, 2013
Monday, September 9, 2013
E-Mails Imply JPMorgan Knew Some Mortgage Deals Were Bad
E-Mails Imply JPMorgan Knew Some Mortgage Deals Were Bad
By JESSICA SILVER-GREENBERGRather than disclosing the full extent of problems like fraudulent home appraisals and overextended borrowers, the bank adjusted the critical reviews, according to documents filed early Tuesday in federal court in Manhattan. As a result, the mortgages, which JPMorgan bundled into complex securities, appeared healthier, making the deals more appealing to investors.
The trove of internal e-mails and employee interviews, filed as part of a lawsuit by one of the investors in the securities, offers a fresh glimpse into Wall Street’s mortgage machine, which churned out billions of dollars of securities that later imploded. The documents reveal that JPMorgan, as well as two firms the bank acquired during the credit crisis, Washington Mutual and Bear Stearns, flouted quality controls and ignored problems, sometimes hiding them entirely, in a quest for profit.
In court filings, JPMorgan has strongly denied wrongdoing and is contesting both cases in federal court. The bank declined to comment.
Dexia’s lawsuit is part of a broad assault on Wall Street for its role in the 2008 financial crisis, as prosecutors, regulators and private investors take aim at mortgage-related securities. New York’s attorney general, Eric T. Schneiderman, sued JPMorgan last year over investments created by Bear Stearns between 2005 and 2007.
Jamie Dimon, JPMorgan’s chief executive, has criticized prosecutors for attacking JPMorgan because of what Bear Stearns did. Speaking at the Council on Foreign Relations in October, Mr. Dimon said the bank did the federal government “a favor” by rescuing the flailing firm in 2008.
The legal onslaught has been costly. In November, JPMorgan, the nation’s largest bank, agreed to pay $296.9 million to settle claims by the Securities and Exchange Commission that Bear Stearns had misled mortgage investors by hiding some delinquent loans. JPMorgan did not admit or deny wrongdoing.
“The true price tag for the ongoing costs of the litigation is terrifying,” said Christopher Whalen, managing director at Carrington Investment Services.
The Dexia lawsuit centers on complex securities created by JPMorgan, Bear Stearns and Washington Mutual during the housing boom. As profits soared, the Wall Street firms scrambled to pump out more investments, even as questions emerged about their quality.
With a seemingly insatiable appetite, JPMorgan scooped up mortgages from lenders with troubled records, according to the court documents. In an internal “due diligence scorecard,” JPMorgan ranked large mortgage originators, assigning Washington Mutual and American Home Mortgage the lowest grade of “poor” for their documentation, the court filings show.
The loans were quickly sold to investors. Describing the investment assembly line, an executive at Bear Stearns told employees “we are a moving company not a storage company,” according to the court documents.
As they raced to produce mortgage-backed securities, Washington Mutual and Bear Stearns also scaled back their quality controls, the documents indicate.
In an initiative called Project Scarlett, Washington Mutual slashed its due diligence staff by 25 percent as part of an effort to bolster profit. Such steps “tore the heart out” of quality controls, according to a November 2007 e-mail from a Washington Mutual executive. Executives who pushed back endured “harassment” when they tried to “keep our discipline and controls in place,” the e-mail said.
Even when flaws were flagged, JPMorgan and the other firms sometimes overlooked the warnings.
JPMorgan routinely hired Clayton Holdings and other third-party firms to examine home loans before they were packed into investments. Combing through the mortgages, the firms searched for problems like borrowers who had vastly overstated their incomes or appraisals that inflated property values.
According to the court documents, an analysis for JPMorgan in September 2006 found that “nearly half of the sample pool” — or 214 loans — were “defective,” meaning they did not meet the underwriting standards. The borrowers’ incomes, the firms found, were dangerously low relative to the size of their mortgages. Another troubling report in 2006 discovered that thousands of borrowers had already fallen behind on their payments.
But JPMorgan at times dismissed the critical assessments or altered them, the documents show. Certain JPMorgan employees, including the bankers who assembled the mortgages and the due diligence managers, had the power to ignore or veto bad reviews.
In some instances, JPMorgan executives reduced the number of loans considered delinquent, the documents show. In others, the executives altered the assessments so that a smaller number of loans were considered “defective.”
In a 2007 e-mail, titled “Banking overrides,” a JPMorgan due diligence manager asks a banker: “How do you want to handle these loans?” At times, they whitewashed the findings, the documents indicate. In 2006, for example, a review of mortgages found that at least 1,154 loans were more than 30 days delinquent. The offering documents sent to investors showed only 25 loans as delinquent.
A person familiar with the bank’s portfolios said JPMorgan had reviewed the loans separately and determined that the number of delinquent loans was far less than the outside analysis had found.
At Bear Stearns and Washington Mutual, employees also had the power to sanitize bad assessments. Employees at Bear Stearns were told that they were responsible for “purging all of the older reports” that showed flaws, “leaving only the final reports,” according to the court documents.
Such actions were designed to bolster profit. In a deposition, a Washington Mutual employee said revealing loan defects would undermine the lucrative business, and that the bank would suffer “a couple-point hit in price.”
Ratings agencies also did not necessarily get a complete picture of the investments, according to the court filings. An assessment of the loans in one security revealed that 24 percent of the sample was “materially defective,” the filings show. After exercising override power, a JPMorgan employee sent a report in May 2006 to a ratings agency that showed only 5.3 percent of the mortgages were defective.
Such investments eventually collapsed, spreading losses across the financial system.
Dexia, which has been bailed out twice since the financial crisis, lost $774 million on mortgage-backed securities, according to court records.
Mr. Schneiderman, the New York attorney general, said that overall losses from flawed mortgage-backed securities from 2005 and 2007 were $22.5 billion.
In a statement shortly after he sued JPMorgan Chase, Mr. Schneiderman said the lawsuit was a template “for future actions against issuers of residential mortgage-backed securities that defrauded investors and cost millions of Americans their homes.”
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