FRAUD IS THE CENTRAL PROBLEM

It is hard to state this strongly enough. The entire mortgage backed securitization structure was based upon FRAUD. An intentional misstatement of a material fact known to be untrue and which the receiving party reasonably relies to his detriment is fraud. BOTH ends of this deal required fraud for completion. The investors had to believe the securities were worth more and carried less risk than reality. The borrowers had to believe that their property was worth more and carried less risk than reality. Exactly the same. Using ratings/appraisals and distorting their contractual and statutory duties, the sellers of this crap defrauded the investors, who supplied the money and the borrowers were accepted PART of the benefit.

See this article posted by our friend Anonymous:

Posts by Aaron Task
“A Gigantic Ponzi Scheme, Lies and Fraud”: Howard Davidowitz on Wall Street
Jul 01, 2010 08:00am EDT by Aaron Task in Newsmakers, Banking
Related: XLF, AIG, GS, JPM, BAC, C, FNM
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Day one of the Financial Crisis Inquiry Commission’s two-day hearing on AIG derivatives contracts featured testimony from Joseph Cassano, the former head of AIG’s financial products unit. Goldman Sachs president Gary Cohn was also on the Hill.
Meanwhile, the Democrats are still trying to salvage the regulatory reform bill, with critical support from Senator Scott Brown (R-Mass.) reportedly still uncertain.
According to Howard Davidowitz of Davidowitz & Associates, what connects the hearings and the Reg reform debate is the lack of focus on the real underlying cause of the financial crisis: Fraud.
“It was a massive fraud… a gigantic Ponzi Scheme, a lie and a fraud,” Davidowitz says of Wall Street circa 2007. “The whole thing was a fraud and it gets back to the accountants valuing the assets incorrectly.”
Because accountants and auditors allowed Wall Street firms to carry assets at “completely fraudulent” valuations, he says the industry looked hugely profitable and was able to use borrowed funds to make leveraged bets on all sorts of esoteric instruments. “Their bonuses were based on profits they never made and the leverage they never could have gotten if the numbers were right – no one would’ve given them the money in their right mind,” Davidowitz says.

To date, the accounting and audit firms have escaped any serious repercussions from the credit crisis, a stark difference to the corporate “death sentence” that befell Arthur Anderson for its alleged role in the Enron scandal.
To Davidowitz, that’s perhaps the greatest outrage of all: “Where were the accountants?,” he asks. “They did nothing, checked nothing, agreed to everything” and collected millions in fees while “shaking hands with the CEO.”

APPRAISAL FRAUD IN DETAIL

APPRAISAL FRAUD IS THE ACT OF GIVING A RATING OR VALUE TO A HOME THAT IS WRONG — AND THE APPRAISER KNOWS IT IS WRONG. This can’t be performed in a vacuum because there are so many players who are involved. They ALL must be complicit in the deceit leading to the homeowner signing on the the bottom line and advancing his home as collateral on a loan which at the very beginning is theft of most of the value of the home. It’s like those credit cards they send to people who are financially challenged. $300 credit, no questions asked. And then you get a bill for $297 including fees and insurance. So you end up not with a credit line of $300, but a liability of $300 just for signing your name. It’s a game to the “lenders” because they are not using their own money.

And remember, the legal responsibility for the appraisal is directly with the appraiser, the appraisal company (which usually has errors and omissions insurance) and the named lender in your closing documents. The named “lender” is, according to Federal Law, required to verify the value of the property.

How many of them , if they were using their own money, would blithely accept a $300,000 appraisal on a home that was worth $200,000 last month and will be worth $200,000 next month? You are entitled to rely on the appraisal and the “verification” by the “lender” (see Truth in Lending Act and Reg Z). The whole reason the law is structured that way is because THEY know and YOU don’t. THEY have access to the information and YOU don’t. This is a complex transaction that THEY understand and YOU don’t.

A false appraisal steals money from you because you rely on it to make the deal for refinancing or for the purchase. You think the home is worth $300,000 and so you agree to buy a loan product that puts you in debt for $290,000. But the house is worth $200,000. You just lost $90,000 plus closing costs and a variety of other expenses, especially if you are moving into anew home that requires all kinds of additions like window treatments etc. But the “lender” who is really just a front for the Wall Street and the investor pool that funded the loan, made out like bandits. Yield spread premiums, extra fees, profits, rebates, kickbacks to the developer, the appraiser, the mortgage broker, the title agency, the closing agent, the real estate broker, trustee(s) the investment banking entities that were used in the securitization of your loan, amount in some cases to MORE THAN YOUR LOAN. No wonder they are so anxious to get your signature.

“Comparable” means reference to time, nearby geography, and physical attributes of the home and lot. Here are SOME of the more obvious indicators of appraisal fraud:

  1. Your home is worth 40% of the appraisal amount.
  2. The appraisal used add-ons from the developer that were marked up for the home buyer but which nobody in the secondary market will pay. That kitchen you paid an extra $10,000 for “extras” is included in your appraisal but has no value to anyone else. That’s not an appraisal and it isn’t collateral or fair market value.
  3. The homes in the immediate vicinity of your home were selling for less than your home appraisal when they had the same attributes.
  4. The homes in the immediate vicinity of your home were selling for less than your home appraisal just a few weeks or months before.
  5. The value of your home was significantly less just a  few weeks or months after the closing.
  6. You are underwater: this means you owe more on your obligation than your house is worth. Current estimates are that it might take 20 years or more for home prices to reach the level of mortgages, and that is WITH inflation.
  7. Negative amortization loans usually allow the principal to rise even above the falsely inflated appraisal amount. If that happened, then they knew at the time of the loan that even if the appraisal was not inflated, it still would not be worth the amount of the principal due on the obligation. For example, if your loan is $290,000 and the interest is $25,000 per year, but you were only required to pay $1,000 per month for the first three years, then your Principal was going up by $13,000 per year compounded. So that $300,000 appraisal doesn’t cover the $39,000+ that would be added to your principal balance. The balance at the end of 3 years will be over $330,000 on property APPRAISED at $300,000. No honest appraiser, mortgage broker, or lender, would be complicit in such an arrangement unless they were paid handsomely to do it and they had no risk because they were not using their own money for the loan.

Mortgage Meltdown: Inflation, Devaluation and the Price of Your Home

The reality of inflation is that it is robbing nearly everyone blind and is going to get much worse before it gets better.

 

http://www.forbes.com/2008/04/08/inflation-milk-bread-ent-fin-cx_ml_0408grocerprices.html?partner=weekly_newsletter

 

  • This is the period I was talking about where merchants and consumers alike get caught in the middle. Some merchants can take advantage of inflation but most are stuck with being the “bad guy” — it is always the messenger that gets shot. This is like a triple barraled cannon. 
  • So consumers are paying more and more but they don’t even know that the merchants are doing everything they can to soften the pinch on consumers. In fact, they think the opposite is true and they blame merchants for using inflation as an excuse of increasing their margins when in fact the merchants are making far less money. 
  • This can ONLY mean that future price increase, at least double what we have seen are in order and as you can see from the front page of the Wall Street Journal, the effects of inflation are causing social unrest and violence. So to your question about home values: the bottom lines is that VALUES (measured in today’s dollar will probably continue down for a while). PRICES will continue up. 
  • When it costs $20 to buy a loaf of bread it is inconceivable that the price of a house won’t eventually reflect these changes even if the correspondence is uneven and fluctuating. 
  • Using models that appear to be valid now this can be figured as follows in an example I made up: 
  • Note the difference between value and price. 
  • VALUE is first based upon the price you could get today. It is therefore the same as price. 
  • VALUE changes with market conditions. Increased demand and diminished housing inventories causes demand to rise in proportion to supply and VALUE goes up. 
  • PRICE represents the measurement of VALUE. 
  • PRICE changes occur as a result of two things: (1) changes in VALUE and (2) changes in the value of the currency being used to purchase the asset. So if inflation and devaluation of the dollar were not a factor, then VALUE and PRICE would always be the same. 
  • And usually the difference, while present, does not figure prominently in the negotiated price for a house. 
  • That is all changing now because the dollar is slipping every other day and prices of everything are going up at rates reaching nearly 100% in some cases and the rate is expected to increase exponentially. 
  • So NOW the inflation and devaluation of the dollar must be taken into account when projecting the future price of an asset (in this case a home). In a flat market with inflation, the home would be no more desirable than it was before. But because of the fall of the purchasing power of the dollar through inflation and devaluation, the PRICE would still go up. Example. $200,000 house is still worth the same after 3 years. BUT the price still goes up by the amount of inflation. 
  • Stated inflation through reporting of the CPI is now like EPA mileage — completely out of touch with reality. And reality is what people deal with, not government statistics. 
  • EXAMPLE: Today’s home VALUE: $200,000 
  • Today’s home Price $200,000. 
  • 1 year from Now: 
  • home VALUE: $160,000 – $180,000 in today’s dollars as of April 14, 2008 (assumes 20% decline in home VALUES, which might be excessive) home 
  • PRICE: $184,000-$207,000 as of April 14, 2009 purchasing power of your dollars, assuming 15% inflation 
  • 2 years from now: 
  • home VALUE: $180,000 – $200,000 in today’s dollars as of April 14, 2008 (assumes 10% increase in home VALUES, which might be excessive) 
  • home PRICE: $234,000-$260,000 as of April 14, 2010 purchasing power of your dollars, assuming 15% inflation 
  • 3 years from now
  • home VALUE: $190,000 – $210,000 in today’s dollars as of April 14, 2008 (assumes 5% increase in home VALUES, which might be excessive) 
  • home PRICE: $275,000-$304,000 as of April 14, 2011 purchasing power of your dollars, assuming 15% inflation 

Of course this might look good on paper, but the only way it will have any meaning to you is if you sell the real estate for the “inflated” price, pay off your mortgage, and downsize to something much smaller. The reason is that the price of everything has gone up along with your house. 

Mortgage/Credit Bust: Vapor without Value

The American Economy: Vapor without Value

My effort here has been to point out that we are creating a fraudulent environment, much like an embezzler, that requires more fraud and more lies each time to cover up the last fraud and the prior lies. Our economy is now one which runs on boom and bust and cannot run any other way unless fundamental changes are made in the paradigm of American politics, econometrics and economics.

This morning, Paul Farrel wrote an article that is precisely on point, in explaining the bust we had in the 1990’s, explaining the bust we are having now, and explaining the next bust which is already in the making. 

The only thing I would add is that I think the policy makers are going to try the same thing again right now to “bail out” the current economic collapse.

If you want to protect your wealth, your retirement, your nest egg your rainy day fund, read this carefully and start thinking about it. 

The American economy is now a house of cards trading in vapor that is “rated” with value. There isn’t enough  real “money” in existence that will bail us out of the funny “money” that has been created. A major shift in our perspective must occur, and it starts with telling the truth. Here, reprinted from this morning, is the best summary of the unvarnished truth that I have found. 

PAUL B. FARRELL

A mind-blowing machine

In America, land of the bubbles, the next pop will be the biggest

By Paul B. Farrell, MarketWatch

Last update: 7:32 p.m. EST Jan. 28, 2008

ARROYO GRANDE, Calif. (MarketWatch) — Three cheers! Wall Street’s got a new rally song: “I’m dreaming dreams, I’m scheming schemes, I’m building castles high.”

Actually it’s the 1919 tune that launched the roaring run-up to the ’29 crash and the Great Depression. Remember the lyrics: “I’m forever blowing bubbles. Pretty bubbles in the air. They fly so high, nearly reach the sky. Then like my dreams they fade and die.”

  

And it still fits today! Listen to venture capitalist Eric Janszen’s scary new paradigm in “The Next Bubble,” a Harper’s Magazine report: “That the Internet and the housing hyperinflations transpired within a period of 10 years, each creating trillions of fake wealth, is, I believe, only the beginning.”

 

Translation: The next bubble is already expanding. Now listen very closely as Janszen makes the single most dangerous prediction of 2008: “There will and must be many more such booms, for without them the United States can no longer function. The bubble cycle has replaced the business cycle.”

 

After the collapse of the 1990s dot-com bubble we laughed at all the hype they had spewed: “This time it’s different.” “New paradigm.” “New economy that only went up.”

 

Well, stop laughing: The new, new came true, says Janszen. Seriously, the economy and the stock market can no longer function without an ever increasing series of bubbles, one after another, rapidly expanding then bursting, with all the manic trading, risk, uncertainty, hypervolatility and distortions that come with it.

Janszen traces bubbles through history: From the 1720’s South Sea Bubble to the housing-subprime bubble. Bubbles are accelerating, becoming more frequent, a frenzy feeding on itself: “Nowadays we barely pause between such bouts of insanity. The dot-com crash of the early 2000s should have been followed by decades of soul-searching; instead, even before the old bubble fully deflated, a new mania began to take place.”

 

What’s so scary is not that the subprime bubble was happening so fast on the heels of the dot-com bubble, not that the pundits, the public and the policy makers all appeared to be ignoring it. What’s really scary is that our best and brightest leaders in Washington, Wall Street and Corporate America wanted to create a bubble! They even threw jet fuel on this raging fire with cheap money, favorable taxes and minimal oversight.

 

Of course the Treasury and the Fed will never admit it, but they saw the housing bubble as a healthy economic necessity in their warped ideology! In their myopic minds, the housing bubble was the messiah “saving” America from a big, bad bear/recession.

 

Publicly they denied the bubble’s toxicity, dismissing it as “regional froth.” Privately, they conspired to create a massive new bubble driving America deep into debt.

 

‘New economy’ morphs into out-of-control robot

 

This new ideology is extremely dangerous: It assumes the American economy can no longer be managed by politicians or Wall Street quants. The “new economy” has a life of its own, a “Terminator” from a dark future, an “I, Robot” from Asimov’s sci-fi world.

 

Yes, our economy has become a self-sustaining “bubble-blowing machine” inventing new bubbles at warp-speed even before the last is buried, in endless reincarnations of Schumpeter’s “creative destruction” cycles.

 

What’s next? More asset-backed bubbles. The dot-com ’90s created $7 trillion in market value. The housing boom created $12 trillion in “fake wealth.” Janszen predicts the next great bubble will be a $20 trillion “alternative energy” bubble. In fact, Wall Street’s already hustling biofuels, solar, wind, nuclear, geothermal and hydroelectric as the new alternative energies destined to replace oil, gas and coal in this next new economy.

 

Timing? The new “alternative energies” bubble will last about 8 years, from a 2005 launch till a peak around 2013, when it will “creatively destruct,” when all possible “fake wealth” is squeezed out, when investors wise up to the scam, when that new bubble pops.

 

In his finale, Janszen admits that when the “alternative energy” bubble finally self-destructs around 2013, “we will be left to mop up after yet another devastated industry,” while Wall Street “will already be engineering its next opportunity.”

 

But be warned: Even before we near the end of the “alternative energy” bubble, the law of unintended consequences could trigger a meltdown, not of the bubble but of the “bubble-making machine” itself! The machine will implode, taking down Wall Street, Washington, Corporate America … and with it, the “new economy,” the “new paradigm” and the “bubble-making machine!” (e.s.)

 

‘Black Swan’ self-destructs ‘shadow banking’ derivatives

 

The trigger? A “black swan” off the radar and invisible to the quants managing the world’s derivatives.

 

The brilliant supertrader and risk manager Nassim Nicholas Taleb says a “black swan” is an extremely rare, improbable event (like 9/11) that cannot be predicted, yet has catastrophic impact. Black swans are events outside the vision, experience and technology of the world’s derivative traders’ geniuses.

What will the black swan destroy? How about the derivatives market that spreads so far beyond subprime loan obligations.

 

Pimco’s Bill Gross warns that $500 trillion of derivatives are hiding in a “shadow banking system” that “craftily dodges the reserve requirements of traditional institutions and promotes a chain letter, pyramid scheme of leverage … with no requirements to hold reserves against a significant ‘black swan’ run that might break them.”

 

Derivatives have become a renegade army of “I, Robots.” “According to the Bank for International Settlements … total derivatives amount to over $500 trillion, many of them finding their way onto the balance sheets of SIVs, CDOs and other conduits of their ilk comprising the Frankensteinian levered body of shadow banks.”

 

Shadowy? Pyramid schemes? Frankenstein? Terminator? Black swan: Gross paints a much darker future than Janszen: “The last two decades alone have witnessed pyramid schemes involving savings and loans/junk bonds, the small investor/dot-coms, and now global bonds/subprimes … in each and every case the originator of a surefire ‘can’t miss’ concept collected huge premiums from a willing investment public, only to see the pyramid collapse either of its own merits or from the lack of additional gullible investors. There will be more to come, much like a regular university that welcomes a never-ending stream of new ‘students’ who pay annual ‘tuition’ to be ‘educated.'”

 

Higher truth

 

Never-ending: Gross and Janszen agree on that. But they’re both wrong. The biggest low in Janszen’s argument: “Given the current state of our economy, the only thing worse than a new bubble is its absence.”

 

Wrong, wrong, wrong! Remember, this new paradigm assumes that the only way the American economy can exist in the future is if Wall Street’s greedy “bubble-blowing machine” keeps feeding on itself, creating an endless, accelerating succession of ever-bigger bubbles.

 

Folks, that’s one of the dumbest economic theories ever, silly “new age” magical-thinking touted as a scientific basis for the new self-indulgent ideology of Wall Street, Washington and Corporate America.

 

There’s a higher truth: The best (not worst) strategy would be to let the “bubble-blowing machine” implode, live with the absence of a new bubble for a while, then quietly step back and reassess our unsustainable “growth-at-all-costs” economic policies that are secretly designed to benefit the self-interests of Wall Street’s insiders who profit by endlessly blowing bubble after bubble … after bubble … after ...(e.s.)

Brave words from someone who isn’t afraid to challenge the conventional wisdom folks. Listen closely to what he says.

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