The Awl http://www.theawl.com/ Be Less Stupid Tue, 31 May 2011 12:40:31 +0000 en hourly 1 http://wordpress.org/?v=3.0.2 Do Not Under (Almost) Any Circumstances Buy a Home http://www.theawl.com/2011/05/do-not-under-almost-any-circumstances-buy-a-home http://www.theawl.com/2011/05/do-not-under-almost-any-circumstances-buy-a-home#comments Tue, 31 May 2011 12:40:31 +0000 Choire Sicha http://www.theawl.com/2011/05/do-not-under-almost-any-circumstances-buy-a-home Bank of America is paying just $20 million for having foreclosed improperly on 160 active-duty military service personnel. (This, of course, was frequent predatory lender suit-settler Countrywide in action; Bank of America purchased Countrywide in January, 2008, for $4.1 billion in stock, and has paid for it more and more ever since, including the former CEO's SEC settlements.) But $20 million! That's nothing, in the grand scheme of the forthcoming housing disaster. For one thing, there are about half as many foreclosed houses being sold now as there were two years go: at this new pace, "it would take exactly three years to clear the current inventory of 1.9 million properties already on the banks’ books, or in foreclosure." And then there will be no houses in foreclosure! Just kidding. There'll be tons more! Both new ones, and let's not forget that litigation has stalled a huge number of foreclosures. All that will get dumped on the market, even as housing prices are down 33.1 percent from summer of 2006 and 28% of all single-family mortgages are underwater.

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Bank of America is paying just $20 million for having foreclosed improperly on 160 active-duty military service personnel. (This, of course, was frequent predatory lender suit-settler Countrywide in action; Bank of America purchased Countrywide in January, 2008, for $4.1 billion in stock, and has paid for it more and more ever since, including the former CEO's SEC settlements.) But $20 million! That's nothing, in the grand scheme of the forthcoming housing disaster. For one thing, there are about half as many foreclosed houses being sold now as there were two years go: at this new pace, "it would take exactly three years to clear the current inventory of 1.9 million properties already on the banks’ books, or in foreclosure." And then there will be no houses in foreclosure! Just kidding. There'll be tons more! Both new ones, and let's not forget that litigation has stalled a huge number of foreclosures. All that will get dumped on the market, even as housing prices are down 33.1 percent from summer of 2006 and 28% of all single-family mortgages are underwater.

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The Rain in Spain Something Something on the Debt-Ridded Homeless http://www.theawl.com/2010/10/the-rain-in-spain-something-something-on-the-debt-ridded-homeless http://www.theawl.com/2010/10/the-rain-in-spain-something-something-on-the-debt-ridded-homeless#comments Thu, 28 Oct 2010 10:30:16 +0000 Choire Sicha http://www.theawl.com/2010/10/the-rain-in-spain-something-something-on-the-debt-ridded-homeless I'm not quite sure what the Times means by "personal liability mortgages" in their fascinating story today on the insanity of foreclosures in Spain, because that phrase doesn't really exist in English. But, yow, I did have no idea that repossession wasn't the end of owing money on loans and mortgages, and that mortgage debt was excluded from bankruptcies in Spain. Maybe there are actually ways in which the U.S. looks out for individuals that is better for people than they way it is done in Europe! Huh. Still, it is hilarious to look back at this BusinessWeek article from 2007, which declares Europe's mortgage and housing and banking industries to be sound and untouchable, while now we are talking about "Spain’s giddy real estate boom" and 1.4 million people there are facing foreclosure.

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I'm not quite sure what the Times means by "personal liability mortgages" in their fascinating story today on the insanity of foreclosures in Spain, because that phrase doesn't really exist in English. But, yow, I did have no idea that repossession wasn't the end of owing money on loans and mortgages, and that mortgage debt was excluded from bankruptcies in Spain. Maybe there are actually ways in which the U.S. looks out for individuals that is better for people than they way it is done in Europe! Huh. Still, it is hilarious to look back at this BusinessWeek article from 2007, which declares Europe's mortgage and housing and banking industries to be sound and untouchable, while now we are talking about "Spain’s giddy real estate boom" and 1.4 million people there are facing foreclosure.

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The Last Mortgage Robo-Barons http://www.theawl.com/2010/10/rich-people-things-the-last-mortgage-robo-barons http://www.theawl.com/2010/10/rich-people-things-the-last-mortgage-robo-barons#comments Mon, 18 Oct 2010 11:00:51 +0000 Chris Lehmann http://www.theawl.com/2010/10/rich-people-things-the-last-mortgage-robo-barons For people saddled with unsustainable mortgage payments, foreclosure proceedings come with a heavy emphasis on the "closure" part-since they mean eviction, devastated credit and near-permanent status as a financial pariah. But the purveyors of the fraudulent debt instruments behind the nation's present foreclosure tsunami play, as always, by a different set of rules. For even in managing the wind-down of home loans poisoned by their own special brand of recklessly securitized debt, American banks continue hewing to the same fee-seeking, asset-stripping mode of enterprise that originally jeopardized the U.S. housing market, and much of the broader economy along with it. Now, as then, they've distorted the housing market with howlingly unprofessional and dubiously legal conduct. And now, as then, they're pursuing short-term financial incentives that have nothing to do with the actual provisions in the contracts they're legally obligated to honor.

As Ariana Eunjung Cha and Zachary A. Goldfarb explain in the Washington Post, the nation's financial institutions are processing the greatest volume of home foreclosures in our history-now numbering more than 2 million properties, with another 2.3 million seriously delinquent–"through a mass production system of foreclosures that was set up to prioritize one thing over everything else: speed."

[T]he problems plaguing the foreclosure process extend well beyond a few, low-ranking document processors who forged documents or failed to review foreclosure files even as they signed off on them. In fact, virtually everyone involved – loan servicers, law firms, document processing companies and others – made more money as they evicted more borrowers from their homes, creating a system that was vulnerable to error and difficult for homeowners to challenge.

The unrivaled king of the great foreclosure speed-up is Florida attorney David J. Stern, whose law firm processed 70,000 Broward Country foreclosures in 2009 alone. Mostly, he moves through repo proceedings for Fannie Mae and Freddie Mac-together with bailed-out mortgage giants like Bank of America, Wells Fargo and Citigroup. According to a report from Mother Jones writer Andy Kroll, foreclosure mills like the Stern shop command flat fees, of around $1,300 per foreclosed property, rather than the hourly fees law firms normally charge. The result is a premium on rapidfire processing-usually by a reserve army of temp workers who sign off on forbidding stacks of legal and real estate documents that few have been trained to interpret-and none, effectively, have the time to review in any meaningful fashion.

Indeed, long before the mortgage fiasco had fully metastasized in 2008, foreclosure mills were drawing legal reproofs, Kroll notes, with a New Jersey firm processing a battery of foreclosures over the signature of an employee who had left the outfit a year earlier, a Texas concern submitting computer-generated documents that a federal judge called "gibberish" and "erroneous," and a Florida default operation raking in fees by, in the words of another federal judge, "filing any old pleading without undertaking any investigation into its accuracy is perfectly acceptable practice."

But there were plenty of similar warning signs preliminary to the 2008 meltdown as well, with shady national mortgage operations constructing subprime loans that actually had mortgage-holders kiting balloon payments on their interest, all but guaranteeing the eventual doom of their loan contract. But in both that crisis and today's foreclosure fiasco, the lure of quick-turnaround fees simply proved too powerful to draw much sustained critical scrutiny. During a deposition in a suit against the Stern firm, Cha and Goldfarb report, senior paralegal Tammie Lou Kapusta described the work routine thusly: "The girls would come out on the floor not knowing what they were doing. Mortgages would get placed in different files. They would get thrown out. There was just no real organization when it came to the original documents."

As it happens, the latest wave of disclosures about the foreclosure mess coincided with former Countrywide CEO Angelo Mozilo's $67.5 million settlement of a Securities and Exchange Commission lawsuit accusing the bottom-feeding mortgage firm of fraud. The agreement stipulates that Mozilo can never again serve as a corporate officer-something of an academic stricture, since the original S.E.C. complaint furnishes plenty of detail showing his unfitness to manage much of anything beyond a sock drawer. In one internal email from April 2006, he offered this frank assessment of the company's equity-destroying adjustable-rate mortgage deals: "In all my years in the business, I have never seen a more toxic product," he wrote to a Countrywide financial officer. "With real estate values coming down... the product will become increasingly worse." And in a September 2006 email, he fleshed out that dour estimation further: "The bottom line is that we are flying blind on how these loans will perform in a stressed environment of higher unemployment, reduced values and slowing home sales." The day afterward, the S.E.C. complaint notes, Mozilo approved a massive sale of his own Countrywide shares-part of an ongoing sell-off that netted him $260 million between 2005 and 2007.

So to recap: Even after his SEC penalty, Mozilo walks away with something just shy of $200 million in well timed stock proceeds alone. The note-holders seduced by the stirring vision of risk-free universal homeownership and now getting the free market's bum's rush, meanwhile, can't count on even any meaningful semblance of due process. And that being the case, most of them dare not dream of a rationally restructured loan arrangement that might start to undo some of the fathomlessly cynical ruin that a corps of Mozilo-esque financial cretins have left at their doorstep. This de facto social compact was neatly summed up in the Legal Aid case against GMAC-yet another federal bailout recipient farming out its repo workload to unscrupulous foreclosure mills-that brought the whole sordid business to light in the first place. As New York Times reporter David Streitfeld writes, that challenge involved a fight to keep the holder of a $75,000 mortgage-a laid-off employment counselor, fittingly enough-who consulted with a Maine legal aid firm. There, as luck would have it, her case caught the attention of a onetime bank attorney named Brian Cox-who suffered a debilitating depression and divorce from his own tour in the foreclosure trade, and had recuperated by building houses and switching sides as a pro bono volunteer in the housing wars. With a little digging, Cox established that the signatory on all the documents, a "limited signing officer" named Jeffrey Stephan, moved through foreclosures for GMAC at the forbidding clip of 400 a day. As Cox summed things up in a court filing:

When Stephan says in an affidavit that he has personal knowledge of the facts stated in his affidavits, he doesn't. When he says that he has custody and control of the loan documents, he doesn't. When he says that he is attaching ‘a true and accurate' copy of a note or a mortgage, he has no idea if that is so, because he does not look at the exhibits. When he makes any other statement of fact, he has no idea if it is true. When the notary says that Stephan appeared before him or her, he didn't.

Such is the face of the quest for economic justice in our age. In the face of such outrages, we could do a lot worse than remember Samuel Johnson's crisp assessment of the inequities of the British debtor prison: "Those who made the laws have apparently supposed, that every deficiency of payment is a crime of the debtor. But the truth is, that the creditor always shares the act, and often more than shares the guilt, of improper trust... and there is no reason, why one should punish the other for a contract in which both concurred."

By the way, I almost forgot: Angelo Mozilo's legal fees were paid by Bank of America, which bought out the toxic Countryside operation-with some conspicuous assists from well-padded lawmakers-in 2008.



Chris Lehmann's book, Rich People Things, is available now! He even made you a slideshow about things rich people like.

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For people saddled with unsustainable mortgage payments, foreclosure proceedings come with a heavy emphasis on the "closure" part-since they mean eviction, devastated credit and near-permanent status as a financial pariah. But the purveyors of the fraudulent debt instruments behind the nation's present foreclosure tsunami play, as always, by a different set of rules. For even in managing the wind-down of home loans poisoned by their own special brand of recklessly securitized debt, American banks continue hewing to the same fee-seeking, asset-stripping mode of enterprise that originally jeopardized the U.S. housing market, and much of the broader economy along with it. Now, as then, they've distorted the housing market with howlingly unprofessional and dubiously legal conduct. And now, as then, they're pursuing short-term financial incentives that have nothing to do with the actual provisions in the contracts they're legally obligated to honor.

As Ariana Eunjung Cha and Zachary A. Goldfarb explain in the Washington Post, the nation's financial institutions are processing the greatest volume of home foreclosures in our history-now numbering more than 2 million properties, with another 2.3 million seriously delinquent–"through a mass production system of foreclosures that was set up to prioritize one thing over everything else: speed."

[T]he problems plaguing the foreclosure process extend well beyond a few, low-ranking document processors who forged documents or failed to review foreclosure files even as they signed off on them. In fact, virtually everyone involved – loan servicers, law firms, document processing companies and others – made more money as they evicted more borrowers from their homes, creating a system that was vulnerable to error and difficult for homeowners to challenge.

The unrivaled king of the great foreclosure speed-up is Florida attorney David J. Stern, whose law firm processed 70,000 Broward Country foreclosures in 2009 alone. Mostly, he moves through repo proceedings for Fannie Mae and Freddie Mac-together with bailed-out mortgage giants like Bank of America, Wells Fargo and Citigroup. According to a report from Mother Jones writer Andy Kroll, foreclosure mills like the Stern shop command flat fees, of around $1,300 per foreclosed property, rather than the hourly fees law firms normally charge. The result is a premium on rapidfire processing-usually by a reserve army of temp workers who sign off on forbidding stacks of legal and real estate documents that few have been trained to interpret-and none, effectively, have the time to review in any meaningful fashion.

Indeed, long before the mortgage fiasco had fully metastasized in 2008, foreclosure mills were drawing legal reproofs, Kroll notes, with a New Jersey firm processing a battery of foreclosures over the signature of an employee who had left the outfit a year earlier, a Texas concern submitting computer-generated documents that a federal judge called "gibberish" and "erroneous," and a Florida default operation raking in fees by, in the words of another federal judge, "filing any old pleading without undertaking any investigation into its accuracy is perfectly acceptable practice."

But there were plenty of similar warning signs preliminary to the 2008 meltdown as well, with shady national mortgage operations constructing subprime loans that actually had mortgage-holders kiting balloon payments on their interest, all but guaranteeing the eventual doom of their loan contract. But in both that crisis and today's foreclosure fiasco, the lure of quick-turnaround fees simply proved too powerful to draw much sustained critical scrutiny. During a deposition in a suit against the Stern firm, Cha and Goldfarb report, senior paralegal Tammie Lou Kapusta described the work routine thusly: "The girls would come out on the floor not knowing what they were doing. Mortgages would get placed in different files. They would get thrown out. There was just no real organization when it came to the original documents."

As it happens, the latest wave of disclosures about the foreclosure mess coincided with former Countrywide CEO Angelo Mozilo's $67.5 million settlement of a Securities and Exchange Commission lawsuit accusing the bottom-feeding mortgage firm of fraud. The agreement stipulates that Mozilo can never again serve as a corporate officer-something of an academic stricture, since the original S.E.C. complaint furnishes plenty of detail showing his unfitness to manage much of anything beyond a sock drawer. In one internal email from April 2006, he offered this frank assessment of the company's equity-destroying adjustable-rate mortgage deals: "In all my years in the business, I have never seen a more toxic product," he wrote to a Countrywide financial officer. "With real estate values coming down... the product will become increasingly worse." And in a September 2006 email, he fleshed out that dour estimation further: "The bottom line is that we are flying blind on how these loans will perform in a stressed environment of higher unemployment, reduced values and slowing home sales." The day afterward, the S.E.C. complaint notes, Mozilo approved a massive sale of his own Countrywide shares-part of an ongoing sell-off that netted him $260 million between 2005 and 2007.

So to recap: Even after his SEC penalty, Mozilo walks away with something just shy of $200 million in well timed stock proceeds alone. The note-holders seduced by the stirring vision of risk-free universal homeownership and now getting the free market's bum's rush, meanwhile, can't count on even any meaningful semblance of due process. And that being the case, most of them dare not dream of a rationally restructured loan arrangement that might start to undo some of the fathomlessly cynical ruin that a corps of Mozilo-esque financial cretins have left at their doorstep. This de facto social compact was neatly summed up in the Legal Aid case against GMAC-yet another federal bailout recipient farming out its repo workload to unscrupulous foreclosure mills-that brought the whole sordid business to light in the first place. As New York Times reporter David Streitfeld writes, that challenge involved a fight to keep the holder of a $75,000 mortgage-a laid-off employment counselor, fittingly enough-who consulted with a Maine legal aid firm. There, as luck would have it, her case caught the attention of a onetime bank attorney named Brian Cox-who suffered a debilitating depression and divorce from his own tour in the foreclosure trade, and had recuperated by building houses and switching sides as a pro bono volunteer in the housing wars. With a little digging, Cox established that the signatory on all the documents, a "limited signing officer" named Jeffrey Stephan, moved through foreclosures for GMAC at the forbidding clip of 400 a day. As Cox summed things up in a court filing:

When Stephan says in an affidavit that he has personal knowledge of the facts stated in his affidavits, he doesn't. When he says that he has custody and control of the loan documents, he doesn't. When he says that he is attaching ‘a true and accurate' copy of a note or a mortgage, he has no idea if that is so, because he does not look at the exhibits. When he makes any other statement of fact, he has no idea if it is true. When the notary says that Stephan appeared before him or her, he didn't.

Such is the face of the quest for economic justice in our age. In the face of such outrages, we could do a lot worse than remember Samuel Johnson's crisp assessment of the inequities of the British debtor prison: "Those who made the laws have apparently supposed, that every deficiency of payment is a crime of the debtor. But the truth is, that the creditor always shares the act, and often more than shares the guilt, of improper trust... and there is no reason, why one should punish the other for a contract in which both concurred."

By the way, I almost forgot: Angelo Mozilo's legal fees were paid by Bank of America, which bought out the toxic Countryside operation-with some conspicuous assists from well-padded lawmakers-in 2008.



Chris Lehmann's book, Rich People Things, is available now! He even made you a slideshow about things rich people like.

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Graphed: U.S. Foreclosures and Home Repossessions, 2005 to 2010 http://www.theawl.com/2010/06/graphed-u-s-foreclosures-and-home-repossessions-2005-to-2010 http://www.theawl.com/2010/06/graphed-u-s-foreclosures-and-home-repossessions-2005-to-2010#comments Fri, 04 Jun 2010 11:40:19 +0000 Choire Sicha http://www.theawl.com/2010/06/graphed-u-s-foreclosures-and-home-repossessions-2005-to-2010 It's hard to get a sense of what's going on in America with foreclosure filings, the number of homes being foreclosed on and the actual number of houses being taken back by banks. The newspapers are confusing! Are they "down"? Are they "up"? So we dug up the actual numbers for each year since 2005, up to the projected numbers for 2010. A "foreclosure filing" can be a number of things, including notice of default, auction or seizure-which is why the actual number of houses receiving these notices is a useful number to know.

Foreclosures

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It's hard to get a sense of what's going on in America with foreclosure filings, the number of homes being foreclosed on and the actual number of houses being taken back by banks. The newspapers are confusing! Are they "down"? Are they "up"? So we dug up the actual numbers for each year since 2005, up to the projected numbers for 2010. A "foreclosure filing" can be a number of things, including notice of default, auction or seizure-which is why the actual number of houses receiving these notices is a useful number to know.

Foreclosures

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"But in a market society, since when are people responsible for the economic effects of their actions? " http://www.theawl.com/2010/01/but-in-a-market-society-since-when-are-people-responsible-for-the-economic-effects-of-their-actions http://www.theawl.com/2010/01/but-in-a-market-society-since-when-are-people-responsible-for-the-economic-effects-of-their-actions#comments Thu, 07 Jan 2010 14:33:36 +0000 Choire Sicha http://www.theawl.com/2010/01/but-in-a-market-society-since-when-are-people-responsible-for-the-economic-effects-of-their-actions I wanted a little bit more reasoning and example on this "THE WAY WE LIVE NOW" piece from this upcoming New York Times mag, which says that people should abandon their underwater mortgages (true!). He writes: "Mortgage holders do sign a promissory note, which is a promise to pay. But the contract explicitly details the penalty for nonpayment – surrender of the property. The borrower isn't escaping the consequences; he is suffering them." Sure! There is of course often the complication that then, you know, people have to find somewhere else to live.

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I wanted a little bit more reasoning and example on this "THE WAY WE LIVE NOW" piece from this upcoming New York Times mag, which says that people should abandon their underwater mortgages (true!). He writes: "Mortgage holders do sign a promissory note, which is a promise to pay. But the contract explicitly details the penalty for nonpayment – surrender of the property. The borrower isn't escaping the consequences; he is suffering them." Sure! There is of course often the complication that then, you know, people have to find somewhere else to live.

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Nearly 1 in 10 U.S. Mortgages Are Delinquent http://www.theawl.com/2009/05/nearly-1-in-10-us-mortgages-are-delinquent http://www.theawl.com/2009/05/nearly-1-in-10-us-mortgages-are-delinquent#comments Thu, 28 May 2009 11:42:04 +0000 Choire Sicha http://www.theawl.com/2009/05/nearly-1-in-10-us-mortgages-are-delinquent LOOKING FORWARD TO THE NEW ARSON STATISTICS! LET THE MOTHERFUCKER BURN9.12% of U.S. mortgages are delinquent-excluding houses already in foreclosure. (Last December: 7.17%. Last September: 6.41%.) An additional 3.85% of U.S. homes with mortgages are already in foreclosure.

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LOOKING FORWARD TO THE NEW ARSON STATISTICS! LET THE MOTHERFUCKER BURN9.12% of U.S. mortgages are delinquent-excluding houses already in foreclosure. (Last December: 7.17%. Last September: 6.41%.) An additional 3.85% of U.S. homes with mortgages are already in foreclosure.

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Goldman Sachs Gives 210K MA Households $238 http://www.theawl.com/2009/05/goldman-sachs-gives-210k-ma-households-238 http://www.theawl.com/2009/05/goldman-sachs-gives-210k-ma-households-238#comments Mon, 11 May 2009 15:16:16 +0000 Choire Sicha http://www.theawl.com/2009/05/goldman-sachs-gives-210k-ma-households-238 Amazing news! Goldman Sachs just settled with the state of Massachusetts, on the claim that Goldman helped create the subprime housing crisis. So, you know, if there are 210,000 Massachusetts mortgages underwater, which the AP said in March, and Goldman Sachs just gave Mass. homeowners $50,000,00... math says that is a whopping $238.09 per household! That is like the lowest amount of food stamps you can qualify for a month.

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Amazing news! Goldman Sachs just settled with the state of Massachusetts, on the claim that Goldman helped create the subprime housing crisis. So, you know, if there are 210,000 Massachusetts mortgages underwater, which the AP said in March, and Goldman Sachs just gave Mass. homeowners $50,000,00... math says that is a whopping $238.09 per household! That is like the lowest amount of food stamps you can qualify for a month.

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