Dick Durbin quite rightly made the point that "the bankers shouldn’t write the agenda for the United States Senate." But they do, and they’re celebrating today after successfully killing "cramdown," or mortgage write-down in bankruptcy that would stop 20% of foreclosures without any cost to taxpayers.
I want to give a special shout-out to the Mortgage Bankers Association for this video (h/t Ryan Grim). Please watch it, because I could write a thousand posts and not describe how thoroughly venal and arrogant they are as they celebrate millions of Americans who will be turned out of their homes as a result of their efforts:
Who are the Mortgage Bankers Association?
Well, they describe themselves as "the national association representing the real estate finance industry." They’re lobbyists. They were good friends of the Bush White House and worked with Karl Rove to privatize Social Security.
Shortly after 9/11, the Bush administration reassigned 2/3 of the white collar crime division (2500 agents) of the FBI to investigate terrorism. According to Bill Black, they never replaced them, so the FBI formed a strategic partnership with the Mortgage Bankers Association. As Bill says, huge mistake:
The FBI erred by partnering with the Mortgage Bankers Association (MBA)—which represented the worst control frauds. The MBA’s priority was blocking regulation of mortgage banking—not stopping mortgage fraud.
Bill calls the MBA "the trade association of the perps." You can listen to him here talking about the "epidemic of mortgage fraud" that everyone knew about at an early stage. But the FBI "misdiagnosed the problem" — despite the fact that an MBA study revealed that 80% of all mortgage fraud was "induced by the lenders," the MBA focused investigations on borrower fraud:
Black estimates there are as many as 500,000 cases of mortgage fraud that need to be investigated. Furthermore, such extensive mortgage fraud led to accounting fraud, which led to securities fraud at any/all publicly traded mortgage lenders. As with the FBI, the SEC was "completely ineffective" in stopping such crimes, much less investigating them now, he says.
[]
It is for these reasons Black says the FBI’s current level of 800 cases per year is "no longer symbolic prosecutions, it’s shambolic prosecutions."
The MBA PAC spent $1,138,723 on contributions to federal candidates last year. But that’s only a small part of the story. They also gave heavily to candidate PACS and spent $4,213,000 on lobbying.
When Kanjorski’s Luis Gutierrez’s House Finance subcommittee held a hearing on "The Current State of the American Mortgage Lending System and Proposals to Reform that System" on March 11 of this year, who gave testimony before them?
David G. Kittle, Chairman of the MBE (PDF). Yes, that’s right. The people who led us into this mess are now telling us how we have to fix it.
When Kanjorski was in trouble in 2008, the FIRE lobby (finance, insurance, real estate) dumped $755,000 into his campaign. They want their seat at that particular table, they’re going to get it. It’s nothing new. They’re testifying before congress all the time.*
I could go on and on. You write about this stuff all the time and you see it just never ends.
Next up: who’s behind the MBA.
Correction: Kanjorski’s Subcommittee on Capital Markets, Insurance and Government Sponsored Enterprises did not hold the March 11 hearing at which Kittle spoke. They have however heard testimony from MBE in the past (3/12/2007). Rep. Kanjorski’s office notes that the Center for Public Integrity singled him out for praise as "the most vocal proponent for stronger regulation, proposing legislation in 2007 that would have set stiffer appraisal independence standards" (more here). He was also a co-sponsor of Ney-Kanjorski, which the MBE also supported.
Related posts:
- Does MERS Registration and Mortgage Fractionalization Extinguish Mortgage Rights?
- Three Republican Senators are Worth More Than 76% of the Country
- Mortgage Foreclosure: Here Come the “Deadbeats”
- NY Bankruptcy Court Wipes out MERS-Registered Mortgage; New Trend in Foreclosures?
- Rikyrah: Opt-Out States Are “Where the Majority of the Black Population in This Country Lives”





Spotlight








Support this site!
Subscribe to the newsletter
Advertise on Firedoglake
Send
us your tips
Make us your homepage
About Firedoglake
Advanced search

“Shambolic.” Heh.
Dick Durban s.b. Dick Durbin
Thanks Jane.
Un-!@#$%^&-real.
First, let me say that I am a “true” progressive. But can we now officially say that many Democrats are actually worse than Republicans?
At least Republicans are overt about their disdain for the little person. Many Democrats lie and tell us they are on our side, and then stab us in the back every chance they get.
Here is a list of Democrats that voted against the bankruptcy modification amendment, and the amount of money many of them received from the banking sector.
http://progressnotcongress.org/blog/?p=597
My new blue dog senator Michael Bennett voted against it. I will be meeting him tonight at a meet and greet. Gonna be quite the greeting.
Yesterday I was in a bank (these places mostly have Fauxnews, but this I think, was CNN) said Florida had indicted (?) the CEO of Countrywide. Any info on this?
Doesn’t anyone wonder why they are fighting it so hard when it would mean that they get some of the money from these loans returned???
I know why. Because they have committed literally thousands of violations of RESPA and TILA laws. They looked the other way and encouraged it. Almost every single major bank was complicit in picking on the poorest, most vulnerable people. Ones who wouldn’t know they had rights.
These violations occurred within the sub prime markets and these fees, illegal charges for property inspections, legal fees, miscellaneous fees hide the bottom line for many of these banks. These fees pad the books and make it look like they have more “coming” to them then they actually do. On top of the fact that those who have the money just pay them and run. There are tons of posts that show this is true. It’s too lucrative to let go of. And it hides the illegal behavior that almost all of these banks engaged in.
I am so sick of this. Until cram down legislation is passed there is no sure way out of their illegal fees.
What has happened to Tester? Thought he was a progressive – apparently not so much.
This is the sort of evidence one always hopes to find because it’s so sure to stir some sort of action, and then what happens…?
Do I hear crickets?
Please supply home addresses.
So this is change? What’s next review the voting rights act? Maybe privatize SS?
The last few days I’ve decided to try and not use naughty words-both here and at home and work. But this is tough. I’ll just lurk. If anybody wants to take my place please feel free.
There is one way to force that legislation to be passed — a nationwide revolt. Pick a month, and during that month NO ONE IN THE COUNTRY makes a mortgage payment. Rinse and repeat until Congress acts responsibly and enacts appropriate regulation of the lending industry.
When Tester was running for Senate in Montana progressive blogs, Air America and other progressives media types were singing his praises, a new kind of Senator. The system is so corrupt and broken that the notion it can be reformed just by electing the right candidate is naive at best. It’s going to take something more than electoral politics to see meaningful change rather than just window dressing.
Here is a portion of the press release from FLA atty general yesterday related to deceptive/fraudulent lending practices:
“. . .In its order, the Federal Court cited Attorney General McCollum’s position that Mozilo should be held liable for the misleading and deceptive practices associated with sale and marketing of mortgages and mortgage backed securities. The Federal Court also agreed that the Attorney General’s claim that Mozilo managed, controlled and participated in the day-to-day activities of Countrywide was sufficient grounds to subject Mozilo to stand trial in Florida state court.”
Fight back people:
Wait till they get around to healthcare “reform.” A real train wreck in the making that will have big pharma and the insurance companies celebrating with the banksters.
curiouser and curiouser…
Josh Hochberg
- Bush DOJ Fraud Section Chief
I found this guy when I was looking for the 04 story of the lone FBI Agent (a la Colleen Rowley) warning the Bureau of the potential for massive mortgage fraud. said agent was ignored of course
but look at this link from 04 – it was all about fraud perpetrated against the Banks, not by the Banks.
look at this:
but now of course, he’s come to jeebus -
link
Jane,
It might be good to put together a resource box that would lead readers to the national resources out there to fight foreclosure and recent legal decisions which aid the victims. Especially information irt foreclosure due to fraudulent lending practices.
Has anyone been doing a survey of how many of those individuals with fraud-based loans were referred to the lender by their real estate agent?
I know we received a lender reference and noticed the disappointment on our agent’s face when we stated we would be going through our credit union.
As Sir Humphrey Appleby GCB, KBE, MVO, MA (Oxon) has pointed out, you have to be behind someone before you can stab them in the back.
Nancy Photomat, Crazy McCains economic advisor is part of the narrative. Her husband Kurt also worked at MBA, successfully fighting against homeowners.
Every knew her as Nancy, but her real name should be Koch. She has lobbied for these polluters for years. But she has also been part of the Neo-con 4th Branch of Government through Koch’s political network.
I’m afraid things will have to get so much worse before we have any change. Unfortunately way more people will have to suffer before that happens.
I recommend wholesale passive aggressive tactics.
Huh, that’s interesting.
who ya gonna call ?
this video MUST be sent to KO and Rachel STAT
Someone on Bill Moyers Journal several weeks ago was saying the same thing. Can’t recall who it was but they said things would have to get much worse before meaningful change comes as a result of an outraged citizenry.
the late Paul Weyrich had everything to do with IWF
Jane – thank you for putting so much of this together for us – a ridiculously huge story
how do i send this to KO and Rachel?
That’s a good idea, with one problem. We don’t trust each other. We promise to act, but there’s no guarantee that when push comes to shove everyone who says they will participate, participates. Besides, defaulting on a mortgage payment incurs a late charge and perhaps foreclosure. We can think of a less perilous protests with the same effect, overwhelming numbers.
When the wealthy tried to knock off Venezuala’s Chavez (perhaps with CIA assistance) Chavez was in jail until he was sprung by a huge uprising. I doubt we can manage that in the US. I feared George Bush might postpone the last election on security grounds. Don’t know how many would have taken to the streets in protest.
As for banks and senators, we live in a society where money talks. Although liberal organizations raise money as does the grass roots, the real green comes from the wealthy and our Congresspeople know it. It should not surprise anyone they listen to lobbyists more than constituents.
kolbermann@msnbc.com……….gonna try this
Well I have one year left on my bankruptcy. The fees cannot be regulated by my bankruptcy judge. I can ask them to prove what I owe, (10 k more than my records indicate). However, I am told that they can simply replace their errors with fees. It will be obvious to the judge. My only hope is finding that they violated RESPA and TILA laws. (which I have at least two documented examples). If this is true, my bankruptcy judge can order punitive damages that could equal the money they say I owe with these bogus fees. This “might” save my loan.
What we really need is a massive education on the television about the rights of people in foreclosure. I can tell you from searches what the most common violations are, ones that many people just might not know about.
1) not communication during foreclosure.
2) not sending accurate payment history. Not responding to requests for payment history.
3) escrow account manipulations…very difficult to find because they send really misleading statements.
4) not paying taxes when the lender is supposed, then charging late fees or allowing the house to go up for auction before the tax money can be raised or legal efforts can stop the foreclosure.
5) not applying payments accurately.
6) holding on to payment and not crediting them to the account in a timely manner thereby causing late fees. Not using the post mark to determine late fees but their own posting procedures and timelines which gives them almost complete control over late fees.
Most people do not know what these people can and cannot do, and might not realize that they are doing these behaviors in mass quantities.
No doubt ACORN and the Road to Rescue: How the Philadelphia Model Can Reduce Foreclosures Across the Country is a huge resource. However, there are also local and state resources addressing the concern as well.
If Congress can’t get the improved FHA bill through then it might be time to cancel all Credit Default Swaps and let God sort ‘em out.
Jane, I’ve posted about this before but I think you can find the origins of the Mortgage Bankers Association in legislation like this “Alternative Mortgage Transactions” passed (I think) in 1989:
http://www4.law.cornell.edu/us…..10_39.html
Over the years, Congress has been complicit in various legislative schemes to “deregulate” regulated businesses like in the Garn-St.Germain Deregulation Bill of 1982 but also in the Depository Institutions Deregulation Bill in 1978. There seems to be a cluelessness among many members of Congress that these “deregulation” bills are like grants of mini-printing presses to various businesses and a license to bilk the public. If you look at the “Alternative Mortgage Transactions” law, you find that state usury laws and defenses have been preempted giving carte blanche to mortgage bankers, including the army of swindlers who have comprised the subprime mortgage “industry” to commit wholesale fraud.
Is it any wonder that “industries” like this have formed associations to use the money so freely granted by an imbecile Congress to lobby for protection?