READ THIS NOW: CNBC's Diana Olick Finally GETS IT
The Market Ticker ® - Commentary on The Capital Markets
Posted 2010-10-12 14:27
by Karl Denninger
in Foreclosuregate
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READ THIS NOW: CNBC's Diana Olick Finally GETS IT
 

Ah, now we're getting some press on the true issues:

There has been plenty of pontificating over the ramifications of foreclosure freezes on troubled borrowers, foreclosure buyers and the larger housing market, not to mention lawsuits, investor losses and bank write downs. There has been precious little talk of what the real legal issues are behind the robosigning scandal.

No there hasn't.  I've been pounding the table on the bottom line on this for three and a half years, and on MERS specifically for more than a year.

The record is what it is, and every single Ticker I've ever published is still here, and is searchable.

Josh Rosner, of Graham-Fisher, put the following out in a note today, claiming violations of pooling and servicing agreements on mortgages could dwarf the Lehman weekend:

Nearly all Pooling and Servicing Agreements require that “On the Closing Date, the Purchaser will assign to the Trustee pursuant to the Pooling and Servicing Agreement all of its right, title and interest in and to the Mortgage Loans and its rights under this Agreement (to the extent set forth in Section 15), and the Trustee shall succeed to such right, title and interest in and to the Mortgage Loans and the Purchaser's rights under this Agreement (to the extent set forth in Section 15)”. Also, an Assignment of Mortgage must accompany each note and this almost never happens.

We believe nearly every single loan transferred was transferred to the Trust in “blank” name. That is to say the actual loans were apparently not, as of either the cut-off or closing dates, assigned to the Trust as required by the PSA.

Rather than continue to fight for the “put-back” of individual loans the investors may be able to sue for and argue that the “true sale” was never achieved.

Ding ding ding ding ding ding ding ding.

Go ahead people, keep buying stocks.  Especially bank stocks.

This, and the intentional coverup that inevitably fails, is the stuff of which CRASHES are made when the truth is FINALLY forced into the open.

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User Info READ THIS NOW: CNBC's Diana Olick Finally GETS IT in forum [Market-Ticker]
Djloche
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Let's get this to go nova. All the banks have to eat their losses and if it kills them, even better.

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"If we wish to be free, we must fight! I repeat it, sir, we must fight! An appeal to arms and to the God of Hosts is all that is left us! Gentlemen may cry, "Peace! Peace!" -- but there is no peace. The war is actually begun! Our brethren are already in the field! Why stand we here idle?"
Hogman
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nah

super nova
Spanktron9
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Karl-

Any guesses on when the truth actually matters? I would think if the investors start successfully sueing for put backs on these MBS, it would unravel very quickly.

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"Winter is coming." -Motto of House Stark
"Mo'lon La'be"- Leonidas
"Strong people are harder to kill than weak people, and more useful in general" - Mark Rippetoe
"Its like Calvinball."-MarvinMartian
Bohemian
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What Obama is going to do, declare and mandate in this mess is going to spin heads, especially for those of you who think he is a hero.

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"The politicians are put there to give you the idea you have freedom of choice. You don't. You have no choice; you have owners. They own you. They own everything." - George Carlin
Genesis
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There's an investigation going to be announced tomorrow by AGs.

The length of the fuse on this is hard to determine, but that it's QUITE SHORT isn't hard to figure out at all.

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?
Genesis
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Obama is INCAPABLE of solving this. It's a STATE LAW problem.

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?
Otiswild
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I'm fascinated to see how they'll wheedle their way out of this one. It's getting harder and harder to joke, and when the laughter stops, the high-powered scoped rifles start to come out...
Bohemian
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It will be a federal issue. In fact, it already is ... That's the rub.

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"The politicians are put there to give you the idea you have freedom of choice. You don't. You have no choice; you have owners. They own you. They own everything." - George Carlin
Hogman
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Quote:
STATE LAW problem.


thanks for clarifying this/ that

Mschemeng
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Toronto ON
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Wow, finally… this may be good for another 100 DOW points in last hour…LOL

Thanks for your relentless work Karl… Anyway, it would be interesting to see who is reading your blog, Mandelman is calling out big banks…I’m sure you have same capabilities…I guess you will find a lot of GE/NBC in there…
http://mandelman.ml-implode.com/2010/10/....
Duc888
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I don't know guys...... look at what main stream media is still spewing....


http://www.wptv.com/dpp/news/region_c_pa....

Quote:
THE ACREAGE, Fla. - Juan Guzman has a large, lawn-wide sign in his front yard labeled 'JP Morgan Chase help.' It's his last hope to save his dream home.

The Acreage man built his house in 2007 but couldn't handle the mortgage payment of $3,600 a month.

He said he tried negotiating a lower loan from his bank but it wouldn't budge.

Last year Guzman became unemployed and now his house is in foreclosure.

Talking about his sign, Guzman said, "Trying to save my house, my family and my savings, life savings."



This is such an uphill battle....when MSM keeps up with a constant barrage of this bull**** "Banks, PLEASE SAVE US".

Christ...if this dummy knew the reality of the matter he would probably get arrested for what he would write on his lawn.


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...burp
Bluebird
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Yay, Diana Olick!

Karl, really appreciate all your time and hard work writing tickers to explain everything. I know and understand this fraud much better. Wish I could get others to be interested. But, they just do not want to open their ears and eyes. They will, when it's too late.
Zzt
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One thing that cant be wheedled out of is the law suits and legal costs the banks will endure by any and every entity that was harmed. Thousands of suits over years and years relying on perhaps hundreds of years of settled law. No one can stop an individual from filing suit and I anticipate the SCOTUS getting involved at some point. Lets hope that the court rules on law and not on their 'feelings' and personal experiences . ( Sotomayor )

Duc888
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Karl, I am forwarding your tickers to almost off of my friends... those who have a stake in this game. What I'm finding is that unfortunately most of them are still in total denial.

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...burp
C4talyst
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Quote:

the high-powered scoped rifles start to come out...

smiley
Murf
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Rosner and Olick stand on the shoulders of KARL F"IN DENNINGER!!!

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The money has already been lost. Someone has to book it.
End_the_bubbles
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Quote:
I'm fascinated to see how they'll wheedle their way out of this one.


It's not possible to wheedle out of anything when you're head just got lopped off....
smiley


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In the long run even the most despotic governments with all their brutality and cruelty are no match for ideas. Eventually the ideology that has won the support of the majority will prevail and cut the ground from under the tyrant's feet and rise in rebellion to overthrow their masters.
Jubber
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Are you sure she gets it? even if she does WFC, BAC C, GS, & JPM are up. Doesn't seem to have made any difference...so far

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“The problem with socialism is that, sooner or later, you run out of other people’s money.” Thatcher
Sangell
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A thing that concerns me, among many, is why with BAC, JPM and now even GS doing
moratoriums on foreclosures, others to include WFC, STI and Deutsche bank are pushing on. Their techniques and foreclosure mills were no different than say, GMACs so aren't they taking a huge risk continuing down a road that is now known to be mined?

Can't really claim 'innocent mistake' when you've been put on notice by other large banks that the process is flawed yet they persist. Is it trying to cram the last few bites at the apple into their mouths ( and balance sheets) before it is taken away or is that they believe they can push aside any legal claims or liabilities?
Genesis
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The former.

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?
Steelhead23
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I suppose it is a tad gosh to be looking for free investment advice, but if government does not intervene and the courts follow the law, the big banks are toast and a smart TFer would hold some leap puts on JPM, BAC, etc, etc. Or, maybe I'm the last guy on the bus and you guys are all holding puts and are waiting for the party to start. The only thing that stops me from joining is the Black Swan of government intervention - otherwise its pretty clear where this is going. What truly frosts me about all of this is at closing, we all paid fees for God-knows-what and all those nice coiffed realtors, mortgage brokers, and title agents didn't do a damn thing to ensure a legitimate transaction. Useless morons (apologies to TFers who are in this biz).

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"Give me control of a nation's money and I care not who makes it's laws" —Mayer Amschel Bauer Rothschild Benjamin Bernanke
For-profit commercial banks are a menace and should be eradicated
Maurevel
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MERS seizes the opportunity in mortgage fraud protection?


http://www.mersinc.org/MersProducts/inde....

Quote:

MERS® FraudALERT reduces the risk of residential mortgage fraud from the point of origination by facilitating the sharing and reporting of key data. Lenders can submit loan application data in real time.They can also submit incident reports, identifying suspicious activity and confirmed fraud, which is matched against submitted loan applications. The lenders are then notified in realtime of potential fraud within their loan applications.
MERS® FraudALERT MERS® FraudALERT MERS® FraudALERT MERS® FraudALERT MERS®



Zzt
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Government intervention will either be severely limited or endorsed by the courts. I expect this to be resolved in the highest court , SCOTUS.
Genesis
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For the Securitized Trusts, this is under NY Trust Law, and it has DAMN LITTLE wiggle room. IF those attestments are false, the trustees and sponsors are ****ED, and they're all the big banks.

For land titles, this is a COUNTY matter. There is no path of resolution available there.

Neither has any Federal Nexus of any sort. You guys are high if you think NY is going to allow its trust law to be tampered with.

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?
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