Author Archives: Yves Smith

EU Puts Periphery Countries on the Rack

For those of you unfamiliar with medieval implements of torture, the rack was believed to be quite effective in extracting information, but generally by having a potential victim watch it in use, with the obvious threat that he was next unless he cooperated. The rack was not only terribly painful, but like most old school methods of torture, often crippled those who survived. (Civilized people, which now clearly excludes our President and those in influential positions in the Pentagon, now recognize that torture is good only for producing phony confessions). It was also employed in particularly gory executions, such as drawing and quartering.

The Eurozone seems to be using similar medieval methods on its debt-laden periphery countries with far less clear understanding that serious damage to the subject is a likely outcome.

“Anonymous” Whistleblower Charges BofA With Large Scale Force Placed Insurance Scheme With Cooperation of Servicers

Ooh, this is ugly.

The charge made in this Anonymous release (via BankofAmericaSuck) is that Bank of America, through its wholly-owned subsidiary Balboa Insurance and the help of cooperating servicers, engaged in a mortgage borrower abuse called “force placed insurance”. This is absolutely 100% not kosher. Famed subprime servicer miscreant Fairbanks in 2003 signed a consent decree with the FTC and HUD over abuses that included forced placed insurance. The industry is well aware that this sort of thing is not permissible. (Note Balboa is due to be sold to QBE of Australia; I see that the definitive agreement was entered into on February 3 but do not see a press release saying that the sale has closed)

While the focus of ire may be Bank of America, let me stress that this sort of insurance really amounts to a scheme to fatten servicer margins. If this leak is accurate, the servicers at a minimum cooperated with this scheme. If they got kickbacks, um, commissions, they are culpable and thus liable.

As we have stated repeatedly, servicers lose tons of money on portfolios with a high level of delinquencies and defaults. The example of Fairbanks, a standalone servicer who subprime portfolio got in trouble in 2002, is that servicers who are losing money start abusing customers and investors to restore profits. Fairbanks charged customers for force placed insurance and as part of its consent decree, paid large fines and fired its CEO (who was also fined).

Regardless, this release lends credence a notion too obvious to borrowers yet the banks and its co-conspirators, meaning the regulators, have long denied, that mortgage servicing and foreclosures are rife with abuses and criminality.

Links 3/13/11

If you are in the US, remember we are now on daylight savings time!

Larry Kudlow Devalues Human Life With Japan Earthquake Freudian Slip VF Daily

Pay Teachers More Nicholas Kristof, New York Times

Peanut allergy ‘gene flaw’ link BBC

Herb Kohl vows Google probe Politico

Genetic makeup and duration of abuse reduce the brain’s neurons in drug addiction PsyPost

Screen shot 2011-03-13 at 4.13.07 AM

Gretchen Morgenson Confirms Lack of Attorney General Investigations into Foreclosure Fraud

This is the key snippet from Gretchen Morgenson’s New York Times column today, which inveighs against Iowa attorney general Tom Miller’s unseemly and peculiar haste to get a deal with miscreant banks inked:

Two people who have been briefed on the discussions, but who asked for anonymity because the deal was not final, told me last week that no witnesses had been interviewed and that the coalition had sent out just one request for documents — and it has not yet been answered.

And the official denial amounts to a confirmation:

A Reason to Stop Banking with Wells Fargo

Even though deciding which TBTF is the worst is like a having an ugly contest between Cinderella’s sisters, Wells Fargo may deserve pride of place. Yes, the Vampire Squid sorta owns the government. JP Morgan has too many people believing it didn’t need a bailout during the crisis. Ahem, what about a $76 trillion derivatives clearing operation don’t you understand? If AIG or Morgan Stanley had failed post Lehman, JPM would have been next. And it is the most aggressive bank I have come across in the “gotcha” fees and bait and switch as far as retail customers are concerned.

But Wells is sanctimonious and too often has taken the position that it is less badly behaved than other banks, which grates on me. It has played fast and loose with its balance sheet reporting, and has lied to Congressional staffers, claiming it hadn’t engaged in robo signing when there were depositions in the public domain to the contrary.

Hopefully, not many NC readers are having to think seriously about filing for bankruptcy. But the practice described in this post at the San Diego Bankruptcy Attorneys Blog reads as bad faith dealings…

Partial Meltdown Underway at Two Reactors in Japan; 200,000 Evacuated (Updated)

Details from the Washington Post on the partial meltdown at the Fukushima Daichi complex number 1 reactor:

Tokyo Electric Power Co., owner of two heavily damaged nuclear power complexes near the center of Friday’s earthquake, told Japanese regulators Sunday that it faced a new emergency at one of its 10 reactors, even as it struggled to bring several others under control.

Earlier, the big electric utility took the unprecedented step of pumping seawater mixed with boric acid into the core of Fukushima Daiichi’s unit 1 reactor to tame ultra-high temperatures from fuel rods that had been partially exposed….

Links 3/12/11

Polar ice loss quickens, raising seas BBC

With hacking, music can take control of your car ITWorld

Minister: China pollution remains ‘very serious’ PhysOrg

Twitter ordered to give WikiLeaks data to US AlterNet (hat tip reader furzy mouse). Be sure to read to the end for yet another example of craven Obama behavior.

Screen shot 2011-03-12 at 1.20.09 AM

Administration Acts on Mortgage Fraud Against Military, Yet Denies It Exists Anywhere Else

We have yet another example of media cravenness. You would assume that when official positions presented in the media contradict each other, it would represent an obvious opportunity for reporting, and an intrepid young journalist would take up the task. But since the job of US news outlets is increasingly to distribute propaganda, they manage not to notice.

We’ve had a stenography masquerading as reporting on the result of the recent Foreclosure Task Force “review” of servicer practices. When it looked at 2800 severely delinquent loans, it found only some operational shortcomings and no unjustified foreclosures. Given that all that this cross agency effort did was to have tea and cookies with the servicers while reviewing their documents, as opposed to doing any validation of their data, this means the “exam” was a garbage in, garbage out exercise.

Similarly, today the Fed made the similarly ludicrous statement that there were “no wrongful foreclosures” based on a review of a mere 500 loan files. Given that there are 14 major servicers, that means it looked at 36 files on average per servicer. Heck of a job, Brownie!

Aside from the fact that there have been numerous reports of colossal errors that should be impossible in a system with any integrity (homes with no mortgages or where the mortgage had been paid off, where borrowers had been given letters that they had been approved for permanent HAMP mods being foreclosed upon), there are also numerous accounts of servicer-driven foreclosures. As Karl Denninger noted:

Links 3/11/11

Big Data mining: Who owns your social network data? InfoWorld

Calm Man Successfully Buys TV And Denies Walmart Receipt Checkers Consumerist (hat tip reader Skippy). I have to confess that (aside from the shopping at WalMart part) this is the sort of thing I would do, except perhaps with less sangfroid.

Japan’s earthquake Financial Times. Updated frequently, liveblog style

Watch NHK in English for more earthquake news (hat tip Clusterstock)

Screen shot 2011-03-11 at 6.45.59 AM

A New “Whocoulddanode” Defense, This Time of Coddling Banksters in the Crisis

I hate shooting the messenger even when he lets us know that he is a tad invested in the information he is conveying, but sometimes it is warranted. Floyd Norris now tells us that maybe it wasn’t such a good idea to have been so generous to the banks during the crisis. He cites the usual reasons: the recovery is shallow, the officialdom missed the opportunity created by the crisis to restructure the financial system, sparing bondholders created moral hazard, and we are now stuck with banks in the driver’s seat. His lament, as the headline accurately summarizes, is “Crisis Is Over, But Where’s The Fix?”

The problem is that his account is larded with a rationalization of the decisions made at the time to treat major financial firms with soft gloves:

At the time, rescuing seemed more important than reforming. The world economy was breaking down because of a lack of financing. Trade flows collapsed, and companies and individuals stopped spending. It seemed clear that halting the slide was critical…

A surprising citadel of that second-guessing is at the International Monetary Fund, where researchers this week concluded that the rescues “only treated the symptoms of the global financial meltdown.”

“Second guessing” is simply misleading.

Powerful Earthquake Hits Japan; Tsunamis Expected to Hit Indonesia, Australia, Hawaii, Mexico

When a smaller earthquake struck near Tokyo a couple of days ago, I wondered if worse was on the way soon.

Japan has been overdue for a major earthquake, given their historical frequency. Perversely, there was much more worry about the impact of a major quake on Japan when it was an economic force to be reckoned with (perhaps a subconscious wish to cut the seemingly unbeatable Japanese down to size?). While the horrific death count that resulted from the last great quake in 1923, led the Japanese to impose vastly tougher building codes and continue to improve upon earthquake-related technology, events like this too often have a nasty way of defeating careful planning. But this tremblor, which registered a formidable magnitude 8.8, was off the northern coast, but still has produced serious disruptions in Tokyo. There are no good reports of the damage yet. From the New York Times:

Quelle Surprise! Fed Issues “See No Evil” Report Using Bogus Methodology to Defend Servicers

We commented earlier this week on bank defenses of their foreclosure practices:

I’ll spare you several paragraphs of the “but they were deadbeats and no one was hurt by robo-signing and all our foreclosures were warranted.” Well, if you normally operate as judge, jury, and executioner, and it’s too costly for borrowers to counteract predatory servicing, in your little self-referencing world, everything will look hunky-dory and challenges to your authority will be deemed to be improper and unwarranted.

As we have indicated repeatedly. lawyers fighting foreclosure estimate that 50% to 70% of the cases they represent are ones where the borrower is in foreclosure as a result of bank fee pyramiding and other improper fees (note there is sample bias here; contrary to bank spin, most borrower attorneys fight foreclosures when they think the case has merit). But they just about never argue in court on those grounds; the cost of hiring an expert witness and doing the forensics on full details of the banks’ overcharges is too costly.

But of course, the Fed is throwing its authority behind the banking industry spin that all foreclosures are warranted.