Commentary By Ron Beasley
Yesterday CNBC's Diana Olick gave us a short course on the legal issues surrounding the mortgage crisis.
The issues are securitization, modernization and a whole lot of cut corners. Real estate law requires real paper transfer of documents and titles, and a lot of the system went electronic without much regard to that persnickety rule. Mortgages and property titles are transferred several times in the process of a home purchase from originators to securitization sponsors to depositors to trusts. Trustees hold the note (which is the IOU on the mortgage), the mortgage (the security that says the house is collateral) and the assignment of the note and security instrument.
That sound you hear is a collapsing house of cards:
JPMorgan exits electronic mortgage tracking system
NEW YORK � JPMorgan Chase's CEO says the bank has stopped using the electronic mortgage tracking system used by major financial institutions.
Lawyers have argued in court proceedings that the system is unable to accurately prove ownership of mortgages.
JPMorgan Chase & Co. and other banks have suspended some foreclosures following allegations of paperwork problems in thousands of cases.
JPMorgan's CEO, Jamie Dimon, made the announcement in a conference call Wednesday to discuss the bank's quarterly earnings.
The Mortgage Electronic Registration System, or MERS, acts as a trading house for millions of mortgages. Lawyers for homeowners say the system lacks the required paper trail to prove mortgage ownership in foreclosure proceedings.
Does this represent a de facto admission that millions of mortgages processed through MERS are invalid? Let the lawsuits begin followed by bank failures. The lawmakers are going to have to make a tough decision - are they going to piss off the "Masters of the Universe" on Wall Street or piss off the voters who will be furious at anything that even looks like another bank bailout?
More here and this from the MSM.
Do you really need to ask whether Washington will side with the banks or the public?
ReplyDeleteBanks have votes that count. The public doesn't.
In normal times you would be correct - but these are not normal times. Anything that even looks like a bailout for the banksters would spell political death by teabags. The Oligarchs may yet regret their creation of the teabaggers.
ReplyDeleteLawyers have argued in court proceedings that the system is unable to accurately prove ownership of mortgages.
ReplyDeleteJPMorgan Chase & Co. and other banks have suspended some foreclosures following allegations of paperwork problems in thousands of cases.