Francine McKenna is shocked that investigations in the UK have revealed that major auditors were told to make wobbly banks look healthier than they were. Specifically, they issue “going concern” opinions because they were told the banks would be backstopped. One can only assume the accountants were brought in the loop with the aim of […]
Read more...Bloomberg provided a useful update on the 50 state attorney generals’ investigation into mortgage abuses. One key development is that the AGs are treating investors as parties whose interests need to be considered. This appears to be at odds with the approach taken by Federal regulators, who are devising and implementing exams of various sorts […]
Read more...Spotted this just after today’s Ireland post. I reckon NC’s UK and US readers and others will have got the idea of ‘extend and pretend’ , aka ‘forbearance’ already; always good to see it getting called out again though.
Read more...No formal announcement yet, but some presumably well-sourced rumours about the size of the Irish bailout (EUR 85Bn), and the rate (7%, via the redoubtable Twitterer on all matters Irish @LorcanRK). While we await the budget statement, there are reasons to suspect, or hope, that the bailout, like Godot, will never come, because it’s failing […]
Read more...Felix Salmon reports on a conversation with departing assistant Treasury Secretary Michael Barr on newly-commenced reviews of the practices of bank servicers. Barr’s patter might sound convincing to the uninformed. An “11-agency, 8-week review of servicer practices, with hundreds of investigators crawling all over the banks”! Promises to hold miscreants accountable! Banks required to fix […]
Read more...Lisa Epstein of Foreclosure Hamlet sent an eye-opening letter from Christopher Meister, who ran for the sheriff of Lee County, Florida as an independent and lost. As much as I’ve read plenty of reports of dubious judicial behavior in Florida, I still find myself appalled when new stories crop up. The Meister letter provides specific […]
Read more...It was predictable, as soon as the press took notice of a potentially very damaging bit of testimony by a Countrywide manager, that its parent, Bank of America, would do everything in its power to deny its validity. By way of brief background (see here, here, and here for more detail), a recent court decision […]
Read more...By Thomas Cox, a retired bank lawyer in Portland, Maine who serves as the Volunteer Program Coordinator for the Maine Attorney’s Saving Homes (MASH) program, cross posted from New Deal 2.0 Back in September, I was asked to give some unusual advice to a client. This woman, a resident of rural Northwestern Maine, wanted to […]
Read more...There is a great post by Adam Levitin at Credit Slips which discusses the implications of the fact that a recent court decision in Kemp v. Countrywide Home Loans, Inc. stated that Countrywide had not transferred the note (the borrower IOU) to the Bank of New York, trustee for the securitization trust. Perhaps more important, […]
Read more...Some readers may have been unhappy with my failure to comment on a Washington Post article late last week about a push by the mortgage registry service, MERS, to “legalize” its activities. Even though the article indicates that dollars are being thrown at lobbyists to sell the MERS version of reality in DC, their approach […]
Read more...By Tom Adams, an attorney and former monoline executive On Sunday, the New York Times reported on a recent case known as Kemp vs. Countrywide. In it, the judge in his decision states that for the mortgage loan in question in the case, a Countrywide employee testified that the mortgage note had never been delivered […]
Read more...First, let’s have a quick trip down memory lane. The financial crisis got going properly in the UK in August 2007, with the ABCP seize-up leading to the run on Northern Rock in September. Congdon illustrates how dependent banks had become on wholesale funding: At June 2007 UK banks’ cash deposits at the Bank of […]
Read more...Testimony in a New Jersey bankruptcy court case provides proof of the scenario we’ve depicted on this blog since September, namely, that subprime originators, starting sometime in the 2004-2005 timeframe, if not earlier, stopped conveying note (the borrower IOU) to mortgage securitization trust as stipulated in the pooling and servicing agreement. Professor Adam Levitin in […]
Read more...The media has been so preoccupied with acute symptoms of the debt crisis – sliding home prices, foreclosure abuses, ongoing Euromarket bank/sovereign debt stress, ongoing battles over financial regulation implementation, unhappiness over the Fed’s QE2 – that lingering problems are not getting the attention they deserve. High on the list is the how the weak […]
Read more...I’ve taken a particular interest in GMAC because in the one consumer foreclosure case I ‘ve attended, back in May, I had the dubious pleasure of seeing a GMAC employee and an attorney for the local foreclosure mill, who was also put on the stand, perjure themselves. And this isn’t my interpretation; documentary evidence was […]
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