foreclosure homes

Scores of HOMEOWNERS DO NOT CONTEST FORECLOSURES BECAUSE:

1. They don’t have knowledge of the law in order to recognize which aspects of foreclosure are legally challengeable or even fraudulent.

2. And even those who identify wrongdoing lack funds to pay for attorneys to represent them.

3. Homeowners are told to come to foreclosure auctions with $$$$$$$ that they do not have, SO THEY STAY AWAY from foreclosure auctions.

These homeowners are oblivious about sometimes “straw buyers” and sometimes lawyers in charge of foreclosures, obtain ILLEGAL ownership of people’s homes; and pay literally nothing through “credit bids;” and that those recorded deeds from such auctions are null! For these very reasons, there needs to be a probe of lawyers who file foreclosures. http://chn.ge/eU2zAm

Also, the average lay person doesn’t know about legal REQUIREMENTS of “standing” that prevents their homes from being repossessed via non-existent lenders or via lenders which have no ownership of promissory notes.

Yet, COURTS ARE SUPPOSED TO ENFORCE STANDING and compliance with established laws! Illegal, defective, fraudulent foreclosures are the cause of useless property deeds for real estate sales; title insurance companies refuse coverage on foreclosed properties –and more!

Further, after certain foreclosure auctions (via simulation) result in fraudulent – NOT LENDER ACQUISITIONS, by lawyers or straw buyers, the common scenario becomes property flipping, neighborhood blight, rodents, and so on!

*Sample of fraudulent foreclosure acts:

–Deliberately use defunct lenders, lenders without “standing” for false civil and bankruptcy foreclosure proceedings.

– Create and conceal malpractice foreclosure delays and engineer billable litigation.

– Orchestrate sham foreclosure auctions; property never acquired by lenders, but ‘straw buyers’

– Commit actionable wrongs (unfair debt collection, fraud, various torts) that create lawsuits

– Self-dealing foreclosures which certain lawyers themselves obtain foreclosed properties for flipping.

–Foreclosures naming defunct lenders, illegally recorded property deeds, flipping, blighted communities.

– Unconscionably create false deficiency judgments against property owners after straw buyers acquire homes for pennies on the dollar.

– Intentionally false BANKRUPTCY COURT “Motion to Lift” and “Proof of Claim” on behalf of non-existent lenders which conceals fact of “NON-SECURED” mortgage debt.

–Involved in fraudulent collection of property damage insurance, as well as mortgage-default insurance.

–Fraudulent foreclosures abet loss of property taxes to city revenue, rodents, vagrants

– Thousands of families made unlawfully homeless from null foreclosure proceedings.

Foreclosure lawyers are officers of the court. Lawyers are required to know applicable laws and civil procedure; this knowledge is not required from mortgage lenders, nor loan servicers. Lawyers are the ones who file those inadequate or questionable foreclosure which lead to useless property deeds and impediments to real estate sales; title insurance companies reluctance to cover foreclosed properties; mortgage default claims disputes due to defective foreclosures.

*MORE info: Request for Congressional Foreclosure Panel to Examine Foreclosure Lawyers

http://www.change.org/petitions/view/request_for_congressional_foreclosure_panel_to_examine_foreclosure_lawyers#

We asked readers to sign a letter to Iowa attorney general Tom Miller, who is leading the 50 state probe into foreclosure and mortgage abuses. Here is the official report from National People’s Action, which was part of the group that met with Miller earlier today:

Leader of 50 State Foreclosure Probe Tells Struggling Homeowners: “We Will Put People in Jail”

Iowa’s Attorney General Miller also agreed that principal reductions, loan modifications, and compensation for defrauded homeowners are all on his agenda

The lead Attorney General in the 50-state foreclosure investigation, Iowa’s Tom Miller, told homeowners at risk of foreclosure today that he supports a settlement with the big banks that requires significant principal rate reductions, loan modifications, compensation for citizens defrauded of their homes, and criminal prosecutions against big bank executives who broke the law.

“We will put people in jail,” Miller said, in response to questioning. “One of the main tools needs to be principal reductions, just like in the farm crisis in the 1980s…There should be some kind of compensation system for people who have been harmed…And the foreclosure process should stop while loan modifications begin. To have a race between foreclosures and modifications to see which happens first is insane.”

Attorney General Tom Miller met Tuesday with more than 100 people from 15 states representing community, faith, and labor organizations, foreclosure victims and struggling homeowners from across the country. Participants urged Tom Miller to make a strong settlement that includes loan modification and principal reduction as the primary tools for cleaning up the mortgage mess created by the banks.

Miller also agreed to continue to work with grassroots community, faith, and labor groups from across the country and agreed that the Bank Accountability Campaign’s members are stakeholders who deserve a seat at the table.

“We are very pleased with how this meeting turned out and now our expectations are higher than ever,” said Deacon Mike McCarthy, an Iowa Citizens for Community Improvement (Iowa CCI) member from Des Moines, IA.

“Attorney General Miller made it clear that he sees this investigation as a chance to clean up the foreclosure crisis that has ransacked our communities for over three years now and continues to push down housing values for everyone. He stated that loan modifications will be a core component in any settlement,” said Gina Gates, a foreclosure victim with PACT-PICO in San Jose, California.

“The stakes are high. A strong settlement is the best hope to hold Wall Street banks accountable and prevent millions more Americans from losing their homes,” said Mikael Broadway, from IAF in North Carolina.

“The big banks have repeatedly weakened efforts to get to the root of the foreclosure crisis,” said Shirley Broomfield, a struggling homeowner from Melbourne, Florida who is working two jobs to pay her mortgage. “They’ve failed to live up to their promises and outright ignored the rules of the game, with little to no consequences. The Attorneys General have a chance to change this.”

This is the first of a series of similar meetings with the state Attorneys General who are on the investigation’s executive committee. Participants in the meeting included borrowers who have lost their homes unjustly, other homeowners in danger of foreclosure, clergy and community advocates from 15 states – including Iowa, California, Illinois, Washington, New York, Colorado, Ohio, North Carolina, Florida, Missouri, Massachusetts, Kansas, Michigan, Montana and Oregon. The participants presented a stack of homeowner testimonies to Mr. Miller and made it clear that this investigation is their best hope for resetting the housing market and helping millions avoid foreclosure.

The group is staging protests this afternoon at the Wells Fargo Home Mortgage headquarters in West Des Moines and at branch of Bank of America in Des Moines to highlight the massive bonuses that bank executives will receive this month while millions of homeowners face foreclosure. They plan to lift up a new report showing that restoring equity to underwater homeowners would cost the big banks $73 billion, approximately one-half this year’s bonus & compensation pool. Similar protests will take place this week in New York and California.

The growing activity from homeowner groups comes amidst a turbulent time for big banks, especially Bank of America, with both investor lawsuits and the Attorneys General investigation pending, and some analysts beginning to predict the eventual need to restructure America’s largest bank in 2011.

The meeting with AG Miller and other events this week are organized by PICO National Network, National People’s Action, SEIU, Alliance of Californians for Community Empowerment, Alliance for a Just Society, and IAF Southeast.

Yves here. This is certainly good news, since the public can hold Miller’s feet to the fire if he fails to live up to these commitments. One concern I have is that the standard for fraud under the law, as opposed to from a common-sense perspective, is stringent, which means it is extremely difficult to prove. Remember Joe Cassano of AIG, the head of AIG’s financial products group? An investigation of him did not lead to prosecution, effectively because he has discussed what he was up to with AIG’s accountants. Fraud, as defined under the law, requires intent. So perversely, “I thought this was kosher” will get you out of a fraud charge.

We have a short form discussion in ECONNED as to how various laws and regulations were weakened over the 1990s to make it very difficult to prosecute financial fraud successfully. You can find a full treatment in Frank Partnoy’s book Infectious Greed.

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