Federal Reserve Money Laundering For Dirty Banks

Since the Fed can create unlimited money, why not pay off every mortgage in the land? That’s only $9.7 trillion, and if the Fed wanted to unleash an orgy of spending, that would certainly do it. Trillions in losses would be filled with “free money,” since the Fed would pay the full value of all mortgages. —- Charles Hugh Smith, Of Two Minds

It is really up to each of us to demand, require and force an accounting for the money that has been taken out of the system and stolen from creditors and borrowers BEFORE we allow another foreclosure. — Neil F Garfield, www.livinglies.me

Editor’s Note: The article below by Charles Hugh Smith from Of Two Minds, strikes with great clarity at the heart of the nonsense we are calling “foreclosure”, and which is corrupting title for decades, taking the confidence in the U.S. economy and the U.S. dollar down with it.

This is the first article I have received that actually addressed the issue that the mortgages, especially the worst ones, were paid off in full. They were paid in full because the supposed mortgage bonds that included shares of the mortgage loans were sold to the Federal Reserve 100 cents on the dollar. Now either those mortgage bonds were real or they were not real. There is nothing in between. What we know for a fact is that the entire financial industry is treating them as real.

The ownership of the bonds was transferred from the trusts, therefore, to the Federal Reserve. While there is little documentation we can see that reveals this, there is no other logical way for the Federal reserve to even claim that it was “buying” the mortgage bonds and the loans.

Either each trust became a trust solely for the Federal Reserve, or the Federal Reserve, bought the bonds directly from the investors.  But since everyone is treating the trusts as valid REMIC entities that do not exist for tax or other business purposes, then the trust did not own the bonds, and only the investors owned the bonds. But they were not paid. The Banks were paid and still allowed to foreclose — but for who?

If the banks took payments on behalf of the REMICs, then they owe a distribution to the investors whose losses, contrary to the reports from the banks become fully cured. That means the creditor on on the mortgage bond has been paid off in whole or in part. That in turn means, since a creditor can only be paid once on a debt, that the amount that SHOULD have been credited to the investors  SHOULD have reduced the receivable. The reduction in the receivable to the creditor should correspondingly reduce the payable due from the borrower. Thus no “principal reduction” should be required because the loan is already PAID.

Why then, is anyone allowing foreclosure of the mortgage loans except in the name of the Federal Reserve? This article explains it. For the full article go to Smith Article on Rule of Law

From the Smith Article:
In a nation in which rule of law existed in more than name, here’s what should have happened:

1. The scam known as MERS, the mortgage industry’s placeholder of fictitious mortgage notes, would be summarily shut down.

2. All mortgages in all instruments and portfolios, and all derivatives based on mortgages, would be instantly marked-to-market.

3. All losses would be declared immediately, and any institution that was deemed insolvent would be shuttered and its assets auctioned off in an orderly fashion.

4. Regardless of the cost to owners of mortgages, every deed, lien and note would be painstakingly delineated or reconstructed on every mortgage in the U.S., and the deed and note properly filed in each county as per U.S. law.

That none of this has happened is proof-positive that the rule of law no longer exists in America. The term is phony, a travesty of a mockery of a sham, nothing but pure propaganda. Anyone claiming otherwise: get the above done. If you can’t or won’t, then the rule of law is merely a useful illusion of a rapacious, corrupt, extractive, predatory neofeudal Status Quo.

The essence of money-laundering is that fraudulent or illegally derived assets and income are recycled into legitimate enterprises. That is the entire Federal Reserve project in a nutshell. Dodgy mortgages, phantom claims and phantom assets, are recycled via Fed purchase and “retired” to its opaque balance sheet. In exchange, the Fed gives cash to the owners of the phantom assets, cash which is fundamentally a claim on the future earnings and productivity of American citizens.

Some might argue that the global drug mafia are the largest money-launderers in the world, and this might be correct. But $1.1 trillion is seriously monumental laundering, and now the Fed will be laundering another $480 billion a year in perpetuity, until it has laundered the entire portfolio of phantom mortgages and claims.

The rule of law is dead in the U.S. It “cost too much” to the financial sector that rules the State, the Central Bank and thus the nation. Once the Fed has laundered all the phantom assets into cash assets and driven wages down another notch, then the process of transforming a nation of owners into a nation of serfs can be completed.

Here’s the Fed’s policy in plain English: Debt-serfdom is good because it enriches the banks. All hail debt-serfdom, our goal and our god!

In case you missed this:

The Royal Scam (August 9, 2009):

Once all the assets in the country had been discounted, the insiders then repatriated their money and bought their neighbor’s fortunes for pennies on the dollar, finding cheap, hungry, competitive labor, ready to compete with even 3rd world wages. The prudent, hard-working, and savers (the wrong people) were wiped out, and the money was transferred to the speculators and insiders (the right people). Massive capital like land and factories can not be expatriated, but are always worth their USE value and did not fall as much, or even rose afterwards as with falling debt ratios and low wages these working assets became competitive again. It’s not so much a “collapse” as a redistribution, from the middle class and the working to the capital class and the connected. …And the genius is, they could blame it all on foreigners, “incompetent” leaders, and careless, debt-happy citizens themselves.

But how is this legal plunder to be identified? Quite simply. See if the law takes from some persons what belongs to them, and gives it to other persons to whom it does not belong. See if the law benefits one citizen at the expense of another by doing what the citizen himself cannot do without committing a crime. Frederic Bastiat, 1850

Nancy Drewe: Preapproved Loans Without Borrowers

Featured Products and Services by The Garfield Firm

NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual – Pre-Order NOW for an up to $150 discount
LivingLies Membership – Get Discounts and Free Access to Experts
For Customer Service call 1-520-405-1688

Want to read more? Download entire introduction for the Attorney Workbook, Treatise & Practice Manual 2012 Ed – Sample

Pre-Order the new workbook today for up to a $150 savings, visit our store for more details. Act now, offer ends soon!

Editor’s Comment:

From Nancy Drewe:

Consider ‘Wells Fargo Home Mortgage, Inc.’ was approved May 2003 to be merged out of existence into ‘Wells Fargo Home Mortgage Insurance’ and RELS LLC, Rels Title Settlement Services, Des Moines IA, RELS Title dba ATI Title – American Title Insurance – partnership 50/50 with First American Real Estate Solutions dba CORELOGIC in 1997 … allowed for sale of notes to Wall St. in Iowa as INVESTOR who holds ‘REO’ title so in event of default RELS – Wells Fargo Home Mortgage Insurance transfers new real estate loan to be created with more suitable borrower – execute transfer of debt settlement using a new real estate loan …Interesting ‘novel’ method ‘patent’ for nationwide telesales preapproved offers ‘mortgage’ real estate receivables recorded just before Wells Fargo Home Mortgage, Inc. was a general purpose business entity, oversight FFIEC ‘Domestic Entity Other’ none of the purported transactions – consider this – are created in accordance with each states insurance regulations!NOVEL METHOD
WELLS FARGO HOME MORTGAGE
BRIAN J. LAURENZO
DORESEY & WHITNEY LLP
801 GRAND AVE
DES MOINES IA 50309MARK C. OMAN WEST DES MOINES IA
MICHAEL J. HEID URBANDALE IA
PRE-APPROVAL MARKETING OFFERS
04/01/2004
PUB NO: US 2004/0064402 A1

REVEALS HOW NATIONWIDE TELESALES BYPASS BROKERAGES AND GOES DIRECT TO INDEPENDENT TITLE ABSTRACTORS WHO TRADE AND EXCHANGE IN SECONDARY MARKET PROMISSORY NOTES

http: // http://www.scribd.com/doc/76730044/WFHM-PATENT-NovelMethodFundingMortgageLoanpat20040064402

FLORIDA HOMES OWNED BY 8 LARGEST BANKS ON 1-24-2012

MOST POPULAR ARTICLES

COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT

Editor’s Note: As Lynn knows, these are the official figures. But the properties were deeded based upon false premises. First the credit bid wasn’t submitted by a creditor. Second the foreclosure process was defective, fraudulent and filled with forged or incomplete documents. And third, the mortgage documents themselves were defective because they failed to properly recite the terms of the transaction — from the identity of the creditor to the use of proceeds from securitization and how that would impact the amount due when third parties made payments to the creditor. Accounting for creditors (investors) is always absent.
Anyone who buys an REO property assumes the risk that the chain of title is so defective that the old homeowner can come back and claim it.

BIG BANK HOMEOWNERS

Lynn E. Szymoniak, Esq., Ed., Fraud Digest, January 28, 2012

In most counties, the records of the county property appraiser identify the homeowners in the county.

In January, 2012, in Palm Beach County, Florida, for example, 11 banks, FANNIE and FREDDIE and one mortgage servicer were the biggest homeowners, with 2,907 homes owned in total. Palm Beach County is the third largest county, by population, in Florida.

The banks and servicer owned 2,284 homes; FANNIE & FREDDIE owned 623 homes.

Three of the banks, Bank of America, Wells Fargo and Deutsche Bank, owned more homes than FANNIE.

Wells Fargo (including Wachovia) was the largest homeowner, owning 551 homes.

Bank of America and Deutsche Bank were close second and third largest, owning 496 homes and 454 homes, respectively. (The Bank of America total represents homes owned by Bank of America, BAC Home Loans Servicing and Countrywide.)

FANNIE owned 441 homes; FREDDIE owned 182 homes.

Bank of New York, the trustee for hundreds of Countrywide trusts, owned 338 homes.

U.S. Bank, the trustee for many Bear Stearns trusts, owned 196 homes

HSBC bank, the trustee for almost all of the Deutsche Bank Securities trusts, owned 175 homes.

JP Morgan Chase, including the homes owned by Chase Mortgage, and the Chase subsidiaries, Homesales, Inc. and Homesales of Delaware, Inc., owned a relatively low 174 homes.

Aurora Loan Services, keeper of most of the Lehman Brothers loans, was in 10th place among the large homeowners, with 149 homes.

Citibank, including Citimortgage, was the only other bank owning over 100 homes, with 111 homes.

Suntrust owned 82 homes; IndyMac/OneWest owned 54 homes; and GMAC owned 31 homes.

Home ownership in Florida’s 33 counties with population of 100,000 or greater as of January 24, 2012, is set forth below. The 34 counties with populations under 100,000 have a combined population of 1,278,080, approximately the population of Hillsborough County. The home ownership of Hillsborough has been used to approximate the ownership in these 34 counties.

FLORIDA HOMES OWNED BY 8 LARGEST BANKS ON 1-24-2012: 22,112

FLORIDA HOMES OWNED BY FANNIE & FREDDIE ON 1-24-2012: 7,170

FL HOMES OWNED BY BANK OF AMERICA ON 1-24-2012: 5,143

FL HOMES OWNED BY WELLS FARGO ON 1-24-2012: 4,727

FL HOMES OWNED BY DEUTSCHE BANK ON 1-24-2012: 3,114

FL HOMES OWNED BY BANK OF NEW YORK ON 1-24-2012: 2,855

1 – MIAMI-DADE COUNTY (pop. 2,496,435)
HOMES OWNED BY 8 MAJOR BANKS, FANNIE & FREDDIE

BANK OF AMERICA: 650
BANK OF NEW YORK: 367
CHASE: 254
CITIBANK: 222
DEUTSCHE BANK: 676
FANNIE: 515
FREDDIE: 213
HSBC: 324
U.S. BANK: 121
WELLS FARGO: 579
BANKS: 3,193/F & F: 728

2 – BROWARD COUNTY (pop. 1,748,066)
HOMES OWNED BY 8 MAJOR BANKS, FANNIE & FREDDIE

BANK OF AMERICA: 624
BANK OF NEW YORK: 479
CHASE: 157
CITIBANK: 99
DEUTSCHE BANK: 445
FANNIE: 712
FREDDIE: 188
HSBC: 205
U.S. BANK: 489
WELLS FARGO: 493
BANKS: 2,991/F & F: 900

3 – PALM BEACH COUNTY (pop. 1,320,134)
HOMES OWNED BY 8 MAJOR BANKS, FANNIE & FREDDIE

BANK OF AMERICA: 497
BANK OF NEW YORK: 338
CHASE: 180
CITIBANK: 111
DEUTSCHE BANK: 454
FANNIE: 441
FREDDIE: 182
HSBC: 175
U.S. BANK: 196
WELLS FARGO: 551
BANKS: 2,502/F & F: 623

4 – HILLSBOROUGH COUNTY (pop: 1,229,226)
HOMES OWNED BY 8 MAJOR BANKS, FANNIE & FREDDIE

BANK OF AMERICA: 220
BANK OF NEW YORK: 116
CHASE: 40
CITIBANK: 30
DEUTSCHE BANK: 152
FANNIE: 265
FREDDIE: 83
HSBC: 84
U.S. BANK: 138
WELLS FARGO: 197
BANKS: 977/F & F: 348

5 – ORANGE COUNTY (pop. 1,145,956)
HOMES OWNED BY 8 MAJOR BANKS, FANNIE & FREDDIE

BANK OF AMERICA: 278
BANK OF NEW YORK: 31
CHASE: 102
CITIBANK: 49
DEUTSCHE BANK: 130
FANNIE: 500
FREDDIE: 126
HSBC: 83
U.S. BANK: 120
WELLS FARGO: 216
BANKS: 1,009/F & F: 626

6 – PINELLAS COUNTY (pop. 916,542)
HOMES OWNED BY 8 MAJOR BANKS, FANNIE & FREDDIE

BANK OF AMERICA: 166
BANK OF NEW YORK: 99
CHASE: 16
CITIBANK: 28
DEUTSCHE BANK: 113
FANNIE: 47
FREDDIE: 0
HSBC: 40
U.S. BANK: 143
WELLS FARGO: 181
BANKS: 786/F & F: 47

7 – DUVAL COUNTY (pop. 864,263)
HOMES OWNED BY 8 MAJOR BANKS, FANNIE & FREDDIE

BANK OF AMERICA: 208
BANK OF NEW YORK: 116
CHASE: 93
CITIBANK: 30
DEUTSCHE BANK: 93
FANNIE: 204
FREDDIE: 93
HSBC: 40
U.S. BANK: 90
WELLS FARGO: 240
BANKS: 910/F & F: 297

8 – LEE (pop. 618,754)
HOMES OWNED BY 8 MAJOR BANKS, FANNIE & FREDDIE

BANK OF AMERICA: 357
BANK OF NEW YORK: 208
CHASE: 52
CITIBANK: 48
DEUTSCHE BANK: 112
FANNIE: 411
FREDDIE: 100
HSBC: 52
U.S. BANK: 157
WELLS FARGO: 190
BANKS: 1,176/F & F: 511

9 – POLK (pop. 602,095)
HOMES OWNED BY 8 MAJOR BANKS, FANNIE & FREDDIE

BANK OF AMERICA: 210
BANK OF NEW YORK: 79
CHASE: 38
CITIBANK: 30
DEUTSCHE BANK: 86
FANNIE: 153
FREDDIE: 58
HSBC: 34
U.S. BANK: 93
WELLS FARGO: 130
BANKS: 697/F& F: 211

10 – BREVARD (pop. 543,376)
HOMES OWNED BY 8 MAJOR BANKS, FANNIE & FREDDIE

BANK OF AMERICA: 127
BANK OF NEW YORK: 67
CHASE: 25
CITIBANK: 10
DEUTSCHE BANK: 44
FANNIE: 144
FREDDIE: 42
HSBC: 18
U.S. BANK: 53
WELLS FARGO: 108
BANKS: 452/F& F: 186

11 – VOLUSIA (pop. 494,593)
HOMES OWNED BY 8 MAJOR BANKS, FANNIE & FREDDIE

BANK OF AMERICA: 95
BANK OF NEW YORK: 88
CHASE: 26
CITIBANK: 14
DEUTSCHE BANK: 59
FANNIE: 50
FREDDIE: 43
HSBC: 26
U.S. BANK: 61
WELLS FARGO: 99
BANKS: 468/F& F: 93

12 – SEMINOLE (pop. 422,718)
HOMES OWNED BY 8 MAJOR BANKS, FANNIE & FREDDIE

BANK OF AMERICA: 107
BANK OF NEW YORK: 81
CHASE: 24
CITIBANK: 11
DEUTSCHE BANK: 48
FANNIE: 146
FREDDIE: 41
HSBC: 23
U.S. BANK: 25
WELLS FARGO: 76
BANKS: 395/F& F: 187

13 – PASCO (pop. 464,697)
HOMES OWNED BY 8 MAJOR BANKS, FANNIE & FREDDIE

BANK OF AMERICA: 102
BANK OF NEW YORK: 53
CHASE: 21
CITIBANK: 17
DEUTSCHE BANK: 64
FANNIE: 174
FREDDIE: 28
HSBC: 33
U.S. BANK: 74
WELLS FARGO: 95
BANKS: 459/F& F:202

14 – SARASOTA (pop. 379,448)
HOMES OWNED BY 8 MAJOR BANKS, FANNIE & FREDDIE

BANK OF AMERICA: 110
BANK OF NEW YORK: 81
CHASE: 16
CITIBANK: 13
DEUTSCHE BANK: 51
FANNIE: 157
FREDDIE: 46
HSBC: 23
U.S. BANK: 38
WELLS FARGO: 134
BANKS: 466/F& F: 203

15 – MARION (pop. 331,298)
HOMES OWNED BY 8 MAJOR BANKS, FANNIE & FREDDIE

BANK OF AMERICA: 90
BANK OF NEW YORK: 18
CHASE: 19
CITIBANK: 9
DEUTSCHE BANK: 31
FANNIE: 87
FREDDIE: 28
HSBC: 16
U.S. BANK: 38
WELLS FARGO: 98
BANKS: 319/F& F: 115

16 – MANATEE (pop. 322,833)
HOMES OWNED BY 8 MAJOR BANKS, FANNIE & FREDDIE

BANK OF AMERICA: 117
BANK OF NEW YORK: 40
CHASE: 8
CITIBANK: 14
DEUTSCHE BANK: 37
FANNIE: 77
FREDDIE: 18
HSBC: 22
U.S. BANK: 52
WELLS FARGO: 396
BANKS: 686/F& F: 95

17 – COLLIER (pop. 321,520)
HOMES OWNED BY 8 MAJOR BANKS, FANNIE & FREDDIE

BANK OF AMERICA: 121
BANK OF NEW YORK: 54
CHASE: 18
CITIBANK: 16
DEUTSCHE BANK: 33
FANNIE: 120
FREDDIE: 33
HSBC: 25
U.S. BANK: 28
WELLS FARGO: 79
BANKS: 374/F& F: 153

18 – ESCAMBIA (pop. 297,619)
HOMES OWNED BY 8 MAJOR BANKS, FANNIE & FREDDIE

BANK OF AMERICA: 30
BANK OF NEW YORK: 27
CHASE: 3
CITIBANK: 10
DEUTSCHE BANK: 26
FANNIE: 62
FREDDIE: 23
HSBC: 17
U.S. BANK: 46
WELLS FARGO: 40
BANKS: 199/F& F: 85

19 – LAKE (pop. 297,052)
HOMES OWNED BY 8 MAJOR BANKS, FANNIE & FREDDIE

BANK OF AMERICA: 51
BANK OF NEW YORK: 38
CHASE: 12
CITIBANK: 5
DEUTSCHE BANK: 28
FANNIE: 91
FREDDIE: 35
HSBC: 14
U.S. BANK: 40
WELLS FARGO: 75
BANKS: 263/F& F: 126

20 – ST. LUCIE (pop. 277,789)
HOMES OWNED BY 8 MAJOR BANKS, FANNIE & FREDDIE

BANK OF AMERICA: 110
BANK OF NEW YORK: 47
CHASE: 27
CITIBANK: 9
DEUTSCHE BANK: 59
FANNIE: 132
FREDDIE: 40
HSBC: 33
U.S. BANK: 65
WELLS FARGO: 76
BANKS: 426/F& F: 172

21 – LEON (pop. 275,487)
HOMES OWNED BY 8 MAJOR BANKS, FANNIE & FREDDIE

BANK OF AMERICA: 23
BANK OF NEW YORK: 12
CHASE: 7
CITIBANK: 2
DEUTSCHE BANK: 9
FANNIE: 44
FREDDIE: 12
HSBC: 4
U.S. BANK: 16
WELLS FARGO: 33
BANKS: 106/F& F: 56

22 – OSCEOLA (pop. 268,685)
HOMES OWNED BY 8 MAJOR BANKS, FANNIE & FREDDIE

BANK OF AMERICA: 134
BANK OF NEW YORK: 3
CHASE: 30
CITIBANK: 6
DEUTSCHE BANK: 10
FANNIE: 103
FREDDIE: 29
HSBC: 7
U.S. BANK: 10
WELLS FARGO: 55
BANKS: 255/F& F: 132

23 – ALACHUA (pop. 247,336)
HOMES OWNED BY 8 MAJOR BANKS, FANNIE & FREDDIE

BANK OF AMERICA: 36
BANK OF NEW YORK: 9
CHASE: 6
CITIBANK: 4
DEUTSCHE BANK: 11
FANNIE: 39
FREDDIE: 14
HSBC: 3
U.S. BANK: 19
WELLS FARGO: 40
BANKS: 128/F& F: 53

24 – CLAY (pop. 190,865)
HOMES OWNED BY 8 MAJOR BANKS, FANNIE & FREDDIE

BANK OF AMERICA: 39
BANK OF NEW YORK: 16
CHASE: 7
CITIBANK: 2
DEUTSCHE BANK: 17
FANNIE: 43
FREDDIE: 7
HSBC: 11
U.S. BANK: 22
WELLS FARGO: 29
BANKS: 143/F& F: 50

25 – ST. JOHNS (pop. 190,039)
HOMES OWNED BY 8 MAJOR BANKS, FANNIE & FREDDIE

BANK OF AMERICA: 40
BANK OF NEW YORK: 33
CHASE: 6
CITIBANK: 11
DEUTSCHE BANK: 14
FANNIE: 56
FREDDIE: 31
HSBC: 8
U.S. BANK: 29
WELLS FARGO: 58
BANKS: 203/F& F: 87

26 – OKALOOSA (pop. 180,822)
HOMES OWNED BY 8 MAJOR BANKS, FANNIE & FREDDIE

BANK OF AMERICA: 35
BANK OF NEW YORK: 27
CHASE: 2
CITIBANK: 8
DEUTSCHE BANK: 19
FANNIE: 50
FREDDIE: 12
HSBC: 8
U.S. BANK: 24
WELLS FARGO: 16
BANKS: 139/F& F: 62

27 – HERNANDO (pop. 172,778)
HOMES OWNED BY 8 MAJOR BANKS, FANNIE & FREDDIE

BANK OF AMERICA: 53
BANK OF NEW YORK: 41
CHASE: 13
CITIBANK: 3
DEUTSCHE BANK: 24
FANNIE: 82
FREDDIE: 26
HSBC: 15
U.S. BANK: 30
WELLS FARGO: 47
BANKS: 226/F& F: 108

28 – BAY (pop. 168,852)
HOMES OWNED BY 8 MAJOR BANKS, FANNIE & FREDDIE

BANK OF AMERICA: 43
BANK OF NEW YORK: 39
CHASE: 13
CITIBANK: 2
DEUTSCHE BANK: 25
FANNIE: 70
FREDDIE: 18
HSBC: 7
U.S. BANK: 21
WELLS FARGO: 21
BANKS: 171/F& F: 88

29 – CHARLOTTE (pop. 159,978)
HOMES OWNED BY 8 MAJOR BANKS, FANNIE & FREDDIE

BANK OF AMERICA: 110
BANK OF NEW YORK: 59
CHASE: 15
CITIBANK: 4
DEUTSCHE BANK: 29
FANNIE: 22
FREDDIE: 23
HSBC: 18
U.S. BANK: 41
WELLS FARGO: 56
BANKS: 332/F& F: 45

30 – SANTA ROSA (pop. 151,372)
HOMES OWNED BY 8 MAJOR BANKS, FANNIE & FREDDIE

BANK OF AMERICA: 30
BANK OF NEW YORK: 13
CHASE: 1
CITIBANK: 5
DEUTSCHE BANK: 8
FANNIE: 34
FREDDIE: 10
HSBC: 3
U.S. BANK: 10
WELLS FARGO: 33
BANKS: 103/F& F: 44

31 – MARTIN (pop. 146,318)
HOMES OWNED BY 8 MAJOR BANKS, FANNIE & FREDDIE

BANK OF AMERICA: 22
BANK OF NEW YORK: 6
CHASE: 5
CITIBANK: 2
DEUTSCHE BANK: 18
FANNIE: 53
FREDDIE: 9
HSBC: 11
U.S. BANK: 15
WELLS FARGO: 33
BANKS: 112/F& F: 62

32 – CITRUS (pop. 141,236)
HOMES OWNED BY 8 MAJOR BANKS, FANNIE & FREDDIE

BANK OF AMERICA: 50
BANK OF NEW YORK: 27
CHASE: 6
CITIBANK: 3


 

 

AFTER THE SALE: PART I

Submitted by Charles Koppa. 6/9/2010

Editor’s Note: We are starting to look at events AFTER the sale has taken place and we are discovering a number of things:

  • CREDIT BID: Only the Creditor can submit a credit bid. All others must pay actual money. If a non-creditor submitted a credit bid (essentially bidding the “amount due” which as we have seen from the FTC action against BOA is incorrectly stated) then the procedure has been violated, the sale has not legally occurred. At least that is my interpretation.
  • Also the submission of a credit bid locks in the position of the parties. So if you are suing for wrongful or fraudulent foreclosure, they no longer have the option of fabricating documents as you raise one objection after another.
  • The obligation to return money rightfully owed to the homeowner continues but it is ignored. Thus even if the property is not sold to a bonafied purchaser for value without notice of defects, the net accounting due is the same. So the receipt of third party insurance, credit default swaps, or other credit enhancement payments is still required to be allocated to this loan. Hence there is a damage claim against the participants in the foreclosure and sale.
  • More later. For now read Charles’ comments below

REO’s and OREO’s have NO MERS Identification Numbers.

1.  Loan Servicer (as a MERS member) initiates the NOD and NOTS.
2.  When the auctioneer pronounces “Back To Beneficiary”, the securitized bond trust receives the MinBid at averages of 46% below the NOTS amount posted the day before.  Bondholder “paper certificate losses”  are unconscionably assigned against the Real Estate asset. “The Paper Trust” gains an untitled transfer of the Real Estate Asset which it NEVER Wanted!
3.  The Auction extinguishes the Toxic Security on Wall Street.  Counterparties collect on their bets.  Investor lose their investments” and the monthly cash interest streams are terminated.
4.  Simultaneously, the Servicer (and MERS) are extinguished from all public records.  Servicer collects on MGIC or other mortgage insurance to cover ALL their contrived losses and costs.
5.  When the re-sale is completed, “The Bookkeeping Trust” ALSO disappears from County Property RECORDS!!!
6.  Until re-sold, the real property travels at ZERO book value into an off balance sheet private entity (mostly controlled by the BHC) which was the SIV “depositor” (as an off balance entity) in setting up the REMIC and/or the Investment Trust in the first place.

How to Buy a Foreclosed House: It’s a business — it’s an opportunity— it’s a risk

The way the media tells it, there are million of bargains out there that will be the house of your dreams and will make you rich. If it seems too good to be true, that would because it IS too good to be true. As a backdrop to this discussion remember that there are over 2 million homes that could be on the market but for the fact that the “owners” don’t want to flood the market. 2 million homes means there are too many homes for any foreseeable demand from buyers. That means that bargain prices are simply early predictors of where the market is heading. Those statistics, taken from over 500,000 homes reported and sampled, shows that the average “discount” is 15%-20%. In a normal market the discount would be real and relatively stable. In this market where we have 2 million homes already in the pipeline and around 3-4 million MORE homes coming it is not merely possible but rather likely that prices will continue to be depressed.

Add to that the credit crunch and the current environment where banks are reinstating underwriting standards where they verify the appraisal, verify your ability to pay, verify your history, verify other conditions affecting the value or future value of the home, and you have a seller’s glut with very little demand. Analysts from companies that maintain divisions employing economists now are estimating that it will take 6-12 years to clean up this mess. I think these estimates will change monthly until they give recognition to the fact that 10 years is about the best we could ever hope for, 30 years in about the worst case, and that the probable time will be something close to 20 years. That is 2 decades of confused downward price pressure, title errors, defects and defects, and figuring out how to undo the the chaos created by Wall Street.

That said, there are many reasons why you SHOULD buy a foreclosed home. First you SHOULD buy a home if you want to live in it — but beware that most people THINK they will live there a long time but frequently move within 3-5 years due to unforeseen circumstances. Financially, the likelihood that you will financially benefit from such circumstances is extremely low. Renting the same house or one just like it will probably cost no more than 60% of the monthly payment you would have even if you put 20% down payment. And you don’t get stuck trying to sell a house in a market that will basically be unchanged or worse than it is now.

Second you should buy a home on a short sale or otherwise, if you have capital and a good credit score and want to do something good. Let’s assume the house was originally bought for $450,000 and the buyer made a 20% down payment. So the buyer paid $90,000 PLUS all the improvements that are made, especially to a new developer tract house. So the sake of our example, the buyer now finds himself with a house that is currently “appraised” at $275,000. The “lender” refuses (actually lacks the authority because they are not really the lender) to modify the mortgage with a principal reduction, the terms are resetting so that the buyer’s payments are about to triple or have already done so. Assume they had no problem making the original teaser payments and could even pay more but not the absurd amounts called for under his current mortgage or deed of trust.

Let’s further assume the foreclosure has already taken place and the buyer is still in the home, awaiting eviction. With a little help from you and this post you get the homeowner to fight the eviction and start a confrontation where the homeowner is demanding discovery and is alleging a fraudulent foreclosure. Using average “discounts” you buy the house for $55,000 less than appraisal from the “bank” (actually a separate entity with dubious authority to have taken or retained title to the property since neither the forecloser nor the REO (Real Estate Owned) entity had one dime in funding the mortgage). So you have purchased the home for $220,000. Don’t get all excited. The original $450,000 price was false and even fraudulent. The next time that house sees $450,000 will be somewhere around the year 2040.

So now you make a down payment of 20% or $44,000. You have $44,000 into the deal plus whatever assistance you have the original buyer/homeowner. Your mortgage is $176,000. Using an amortization of 15 years fixed rate for 5%, your payments for principal, interest, taxes, utilities and insurance are probably going to be around $1250-$1350 per month. You give the original buyer/homeowner a lease requiring payments of $1600-$1700 per month plus a CPI (Consumer price index no less than 2% with no maximum) AND a pass through of increases in utilities, taxes etc. The lease is at least 5 years long. If you don’t have a homeowner willing to lease for 5 years, you are going to have trouble.

The lease is a net lease requiring the tenant to maintain the house. It renews automatically for additional terms of 5 years unless canceled with at no more than 9 months notice and no less than 6 months notice. Beginning with the end of the third year, the homeowners may have a two year option to buy the house at either the price you paid for the house, plus CPI or the current fair market value, whichever is higher. This option is good only in years 4 and 5.

You start negotiating with the “bank” or the REO with a demand for proof of title. See how-to-negotiate-a-modification

They will offer you indemnification, hold harmless and release. None of that means anything because most of them have either gone out of business or are about to go out of business. You ask “Who is the actual creditor here?” That will make them uncomfortable. You get rough and tough. And then you soften a little and use the procedure set forth below. Meanwhile the original buyer/homeowner starts threatening them because they obviously don’t have physical possession of the note or they have no rightful claim to ownership of it. The original buyer/homeowner makes demand and maybe even files suit demanding to know who the creditor is or was. This will soften up the game of the bank/REO.

Now let’s talk about how you are going to do this without being in the same mess that the banks, homeowners, title companies and others are in.

The attributes of a good solid purchase of a foreclosed home are:

  1. Warranty Deed
  2. Title Policy from large company without any exclusion relating to securitization of the prior owner’s loan. It would be best if the policy specifically mentioned securitization and stated affirmatively that there is no exception relating thereto.
  3. Friendly Quiet Title Action, in which the REO, the forecloser and all other known parties, at their expense bring a quiet title action naming the former buyer/homeowner and you, and naming John Does 1-1000 being the holder of mortgage backed securities who could have or who could claim an interest in the mortgage being extinguished by this deal. As long as the relief sought is ratification of the above deal and ordering the clerk of the County to remove the old mortgage and accept the new filings without any encumbrance other than your new mortgage and without any owner other than you.
  4. ONLY A FINAL JUDGMENT EXECUTED BY A JUDGE WILL GIVE YOU CLEAR TITLE. WAIT UNTIL THE TIME FOR APPEAL HAS RUN. INCLUDE A PROVISION WHEREIN YOU CAN RESCIND IF SOMEONE MAKES A CLAIM THAT THIS TRANSACTION WAS A FRAUD ON THE COURT WHETHER IT HAS MERIT OR NOT. IF SUCH A CLAIM IS MADE THEN AT YOUR OPTION YOU BECOME THE SUCCESSOR TO THE “BANK”  AND REO AND OTHER FORECLOSURE OR TRUSTEE SERVICES OR, AAT YOUR OPTION YOU CAN RESCIND THE TRANSACTION RECEIVING BACK ALL MONEY RECEIVED BY THE SELLING PARTIES TO THE TRANSACTION IN WHICH YOU PURCHASED THE PROPERTY.
  5. Indemnification from the forecloser
  6. Indemnification from the REO
  7. Hold Harmless from the Forecloser
  8. Hold Harmless from the REO
  9. General release from original buyer/homeowner
  10. Acknowledgment from your new lender that they were advised of the above and they agree that they will not make any claims against you for misrepresentation or misstatement based upon the securitization of the loan.
%d bloggers like this: