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EDITOR’S NOTE: The Times Editorial hits the nail on the head, but uses the wrong hammer. Jobs and growth of the middle class is the only thing that will stand between us sustaining ourselves as a world power or becoming a banana republic. Jobs and growth are not magical concepts that suddenly happen when you waive a wand.
Jobs are created when businesses start and grow. Businesses start and grow with capital. Wall Street, directly or indirectly is holding $3.5 TRILLION hostage in its effort to force Obama from office while it starves the economy and literally takes food of the plates of tens of millions of Americans. The capital held by Wall Street is NOT the capital of Wall Street, it is the money stolen from other people that Wall Street is holding.
That money was stolen in the world’s largest financial fraud of all time — something that will remain unequaled for decades, perhaps hundreds of years. They did it with the sale of exotic instruments to investors, betting against those investments because they knew they had the power to torpedo the investments, and the tools of destruction were exotic mortgages where even the simplest looking transaction was based upon fraudulent appraisals, non-disclosure of important information required by law, and in particular using conduits as though they were lenders, thus achieving insulation from charges of predatory and fraudulent lending practices. In fact the entire mortgage mess was really just part of the larger scheme of the issuance of unregulated securities in fraudulent schemes to deprive investors, pension funds and homeowners of what little they had left to survive.
As with all crimes against society the only way to cover them up is with more fraud. More deception and more intimidation. So the paperwork is mostly fabricated, forged and unduly notarized documents pretending to attest to the authority and knowledge of signors. But the paperwork is a distraction from the fact that the the “mortgage” transactions were really part of the securities issuance. This actually makes the signing of the mortgage documents an integral part of the issuance of the mortgage bonds. That changes the character of the transaction and probably the laws that apply.
Applying existing laws without any changes to substantive law, procedure or the rules of evidence, the banks will lose, pure and simple. Every time a Judge takes a close look at some piece of paper that is
- signed by “John Jones, as authorized signor (it doesn’t even say agent) [without any document showing agency authority],
- on behalf of XYZ corporation, as attorney in fact (same defect),
- as successor to ABC, as servicer (under a PSA in which the loan transfer requirements were never satisfied and therefore never completed),
- for the DEF Trust (a non-existent trust that is actually a general partnership),
- on behalf of JKL Corp. Trustee (a trustee of a Trust that never existed because it lacked the elements under New York State law to create a common law trust, and in which the powers of the trustee actually amount to nothing once you read the whole document purporting to describe the “trustee”)”
- all out of the chain of title using some private system of keeping track of the owners thus depriving anyone of the knowledge as to who can sign a satisfaction of a mortgage that was obviously never perfected into a valid lien, even though ti was recorded —
- every time the Judge really looks —- he/she decides this smells to high heaven and that the entire process is defective.
- There is no lending institution in existence that would accept such a signature from an agent for a borrower.
- That they accept it from each other as they treat the loan was though it was transferred even though it wasn’t is just a game without risk because nobody is paying anything for the loan and nobody funded the loan except the hapless pension fund whose money was taken for fees first and mortgage later.
Housing drives the economy directly and indirectly. So if we want to see a change we must bring the banks and big business to task, force them to act like good citizens and return the favor of special tax treatment and subsidies with growth money, start-up money and easier credit for consumers, who drive 70% of the economy. Ignore housing and you abandon hope of a solution. Ignore consumers and their jobs and earnings, and you have disrupted 70% of the economy with no prospects for improvement.
Somehow the banks continue to be heard on their spin that it is better to let them keep the proceeds from stealing the purse than to give it back to the consumers from whom they stole it. That is ending now with Occupy Wall Street. The OWLS are wise beyond their years.
More Bleak Job Numbers
It would take a lot of optimism to put a positive spin on the jobs report for September, released on Friday by the Labor Department.
Employers added 103,000 jobs last month, allaying fears, for now, of a double-dip recession. But even if the economy avoids another contraction, the numbers confirm that the job market is in a deep rut that is, for all purposes, indistinguishable from recession. There are still 14 million people officially unemployed, and nearly 12 million more who have given up actively looking for work or who are working part time but need full-time jobs.
Earlier this week, President Obama and the Federal Reserve chairman, Ben Bernanke, delivered bleak economic assessments, which demand a government response. The economy, already at a crawl, could well slow down further in response to economic setbacks in Europe and China or to homegrown problems like political gridlock that delay spending on job-creation efforts.
The economy is not producing enough jobs, and many of the ones created are lousy. Much of last month’s job growth came as 45,000 striking Verizon employees returned to work. Without that one-time boost, the economy added only 58,000 new positions in September, roughly in line with the slow pace of job creation over the past several months.
That is not nearly enough to lower the unemployment rate, which is at 9.1 percent and is almost certain to rise in the months ahead, barring an unexpected upsurge in economic activity.
The new jobs are generally in lower-paying fields, like home health care, and in part-time and temporary employment. These kinds of employment may be better than no work, but they are generally not the types of jobs that allow workers to get ahead.
The September report also shows the permanent scars caused by persistent joblessness. The share of workers who have been unemployed for more than six months increased from 42.9 percent to 44.6 percent, near its record high from early last year. That is likely to translate into irreversible reductions in the standard of living for millions of Americans because the longer one is unemployed, the harder it becomes to find new work, especially at previous pay levels.
Children will be among those most harmed by the jobs crisis. The Economic Policy Institute, using data from the September report, has calculated that 278,000 teachers and other public school employees have lost their jobs since the recession began in December 2007. Over the same period, 48,000 new teaching jobs were needed to keep up with the increased enrollments but were never created. In all, public schools are now short 326,000 jobs.
At a time when more and better education is seen as crucial to economic dynamism and competitiveness, larger class sizes and fewer teachers are the last thing the nation needs. Staffing reductions also mean that schools are less able to respond to the needs of poor children, whose ranks have increased by 2.3 million from 2008 to 2010.
The situation calls out for swift passage of Mr. Obama’s jobs bill and even more far-reaching efforts to revive growth and employment. The alternative is lasting damage from a jobs crisis that has already done enormous harm to families and communities.
Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud | Tagged: bankruptcy, borrower, countrywide, disclosure, economy, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, housing, jobs, LOAN MODIFICATION, modification, Ny Times, Occupy wall Street, OWLS, quiet title, rescission, RESPA, securitization, TILA audit, trustee, WEISBAND | 9 Comments »