Three Massachusetts Counties Sign Up To Sue MERS

Finally Hearing What John O’Brien Has Been Saying For Two Years

Jerry Kronenberg, Boston Herald

Three Boston-area counties plan to sue the banking industry’s Mortgage Electronic Registration Systems, claiming it helped large lenders improperly trade mortgages among themselves and avoid millions in filing fees.

“It just seems to be if you were a big bank, you didn’t necessarily follow the rules,” Norfolk County Register of Deeds William O’Donnell told the Herald.

Norfolk, Plymouth and Bristol counties have all signed on with law firm Bernstein Liebhard, which is lining up counties across America to sue MERS.

MERS is essentially a private clearinghouse that banks use to buy and sell mortgages to each other.

Lenders file documents once with registries listing MERS as a mortgage’s owner, then sell the loan over and over to each other without submitting any additional paperwork.

Critics claim that violates state land-records laws — and stiffs registries out of a $75-per-transaction fee.

Plymouth County believes it has lost as much as $6.5 million, while Bristol County thinks it’s out $3.1 million and Norfolk County feels it’s due $2.3 million.

Norfolk County Director Dan Matthews added that $40 of each fee goes to the state, which is struggling to plug gaps like the MBTA’s $161 million deficit.

“You might be able to keep the MBTA running if you had all of those $40 payments,” he said.

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Martha’s Got Her Rifle Loaded, Goes Hunting For Fannie and Freddie

Coakley Threatens Blood Thirsty Pursuit If They Don’t Give Homeowners Principal Write Downs

State House News Service via The Boston Herald

Martha CoakleyThe ink is not yet dry on a $25 billion national foreclosure settlement with five major banks, but Attorney General Martha Coakley has already trained her sights on two more targets.

Coakley, on Friday, told the News Service that unless Fannie Mae and Freddie Mac agree to begin modifying loans for borrowers victimized by fraud, an untold number of Massachusetts homeowners could be left without any relief.

“People are recognizing that we’d love to get the same relief we were able to accomplish through the 50-state settlement for these homeowners caught in the middle because Fannie and Freddie are not willing to entertain loan modifications or principal write downs,” Coakley said.

Massachusetts on Thursday became one of 49 states to sign on to the national settlement with the country’s five largest lenders netting roughly $318 million in relief for Bay State homeowners through loan modifications for borrowers at risk of default or “under water” because they owe more than their home is worth.

Coakley also retained the right as part of the settlement to pursue additional Massachusetts specific claims against the banks as part of lawsuit she filed in December that could bring additional relief.

Those homeowners that borrowed through Fannie Mae and Freddie Mac, however, are not covered under the settlement. Coakley said it’s unclear how many loans backed by Fannie and Freddie are active in Massachusetts, but nearly 60 percent of mortgages nationwide are held by the two agencies, and 45,000 Massachusetts owners have faced foreclosure since 2008.

Many more borrowers, according to Coakley, could be ineligible for relief under the new settlement if their mortgages are serviced by one of the five banks, but owned by Fannie or Freddie.

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Mass AG Coakley Asks Fannie and Freddie For Principal Reductions

Says Current Position Prevents Many Homeowners from Receiving Relief

Massachusetts AG Martha CoakleyConcerned that the refusal by Fannie Mae and Freddie Mac to engage in principal forgiveness and loan modifications for struggling homeowners is slowing the nation’s economic recovery, Attorney General Martha Coakley has sent a letter urging Fannie and Freddie to reverse this stance.

Leaders of Fannie Mae and Freddie Mac have expressed an unwillingness to participate in federal loan modification programs, including principal forgiveness. In a letter pdf format of    Letter to Edward DeMarco re: Fannie Mae and Freddie Mac   to the acting director of the Federal Housing Finance Agency (FHFA), AG Coakley insists that the FHFA should allow for principal forgiveness, guided by a net present-value analysis, which would increase loan modifications and help stabilize the housing market and economy.

“More than five million people have lost their homes due to foreclosure in the past five years, and millions more on the brink of foreclosure, struggling to stay in their homes,” wrote AG Coakley.  “Fannie Mae and Freddie Mac should be a leader in the arena of loan modification best practices, not an obstruction.  Fannie Mae and Freddie Mac should change course to serve both their own interests and those of the public and the economy.”

AG Coakley’s office has brought numerous actions against major banks and financial institutions with goal of keeping people in their homes and avoiding unnecessary foreclosures.  These include actions against FremontOption OneCountrywide,Morgan StanleyGoldman Sachs and Royal Bank of Scotland which all resulted in loan modifications designed to remedy unfair and unsustainable loans in Massachusetts.  In the letter, AG Coakley points out that these modifications have helped thousands of people stay in their homes in Massachusetts.

The FHFA has acknowledged that principal forgiveness can serve the long-term interests of taxpayers when compared to foreclosure by combining the goal of asset preservation and foreclosure prevention.  According to the FHFA’s own reports, fewer loan modifications have been implemented in September, October and November 2011, than any other month since November 2010.  AG Coakley says in her letter that this trend must be reversed.

In addition, a comprehensive proposed settlement resolving allegations of servicing fraud with five major banks is expected to provide loan modifications featuring principal write-downs valued at billions of dollars.  AG Coakley says that those discussions have brought into focus the unwillingness of Fannie Mae and Freddie Mac to use principal write-downs as part of its loan modification programs, and that their refusal will impact the ability of many homeowners to get the relief that they need.

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More Proof The WSJ Is The Ministry Of Propaganda For Big Banks

WSJ Claims Massachusetts AG Martha Coakley to Blame for Foreclosure Backlog

Richard Zombeck, Huffington Post

WSJ Blames Coakley For Foreclosure backlog

Massachusetts AG Martha Coakley

The Wall Street Journal lashed out at Massachusetts Attorney General Martha Coakley on Wednesday in their editorial section for her suit against the big banks and their foreclosure practices.

The piece was ripe with misinformation and the usual sucking up we’ve come to expect from a publication that has its nose buried so far up the between the cheeks of the financial industry that it can’t see the light of day, much less accurately assess the situation.

It almost seems pointless to rebut this editorial and I was tempted to walk away in much the same way that I do when someone tells me that this whole housing mess was caused by Democrats forcing banks to loan poor people money — it’s not worth my time anymore.
The WSJ piece starts out with the following paragraph:

“It’s been four years since the housing bust began, and some Democrats are fighting to keep it going. That’s the message out of Massachusetts, where Attorney General Martha Coakley is layering on more uncertainty for the mortgage industry with a lawsuit that’s already driven one company to roll back its business in the state.”

The company in question is GMAC, who after hearing of Coakley’s suit, announced that they would be pulling out of Massachusetts. An announcement that can best be translated as, “If we’re going to have to obey the rules, then we’re not going to play here anymore.” That the editors at the WSJcan’t see that is perplexing.

The editorial points to the 50-state settlement headed by Iowa Attorney General Tom Miller as a viable solution. The settlement has become a running gag among homeowner activists, and was addressed aptly by Yves Smith at Naked Capitalism, “But the truly absurd part is the continued pretense by Miller that a deal will get done. He’s been saying every few weeks that a deal is weeks away for over a year. In early August, a deal was supposed to be inked by Labor Day. Earlier this month, Miller said a deal would be done by Christmas.”

It’s important to mention that the settlement represents a tiny fraction of what the banks took from homeowners and absolves them of any wrong doing. It also would prevent any of the states from charging or prosecuting banks and servicers for breaking the law at the expense of homeowners.

As I said in an interview on Boston Revolution Radio, “If I had to give up 10 percent of my loot every time I got caught robbing a house, I’d not only continue robbing houses, I’d hire a crew.”

The editorial ends with the following statement:

“America’s housing market can’t recover until banks are allowed to foreclose on delinquent homeowners and resell those homes to people who can afford them. Ms. Coakley’s lawsuit will delay that process, raising the cost of credit, reducing choices, and prolonging the housing recession.”

AG Coakley’s lawsuit isn’t delaying the foreclosure process in Massachusetts. The law is delaying the process. Cases such as Ibanez and Bevilacqua, ruling that banks must prove ownership before foreclosing have all made their way to the Massachusetts Supreme Judicial Court.

Foreclosures are ruining the economy on their own, not the backlog of foreclosure cases. Foreclosures cost hundreds of thousands of dollars, break up communities, threaten public safety, destroy property values, and are the cause of mental and physical illness. The editorial is intentionally misleading by putting this on Coakley, who is quite simply doing her job by following the law.

Recently, Danny Schecter wrote a piece for Al Jazeera English, titled, “The year’s top story is not getting coverage” in which he chastised the American press for their shoddy coverage of the financial crisis and those culpable in creating it:

“… The barely exposed chain of criminality that started in some salon of securitization and then rippled across the world, bringing down countries and economies. It has its origins in Wall Street, where three industries colluded as a cabal to sell fraudulent sub-prime loans and then transfer fees and foreclosures from poor and middle class Americans to themselves.”

 

The WSJ editors (the piece had no byline) seem to think that in order for things to get better, we should excuse the big banks from breaking the law and wreaking havoc on American families. Maybe we should excuse murderers and bank robbers as well, because their mothers would miss them.

Attorney General Martha Coakley along with Essex County Register of Deeds John O’Brien, and a handful of attorneys and judges in Massachusetts are among the few in the country to stand up and hold the banks accountable for their rampant disregard for the law. If anything, Coakley should be commended for her integrity and willingness to do her job. Instead, the Wall Street Journal and its editors see fit to chastise her and anyone else who would hold those who caused the financial meltdown accountable.

Check out my pre-holidays interview on Al Jazeera English.

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