WHERE ARE THE INDICTMENTS?
The Market Ticker ® - Commentary on The Capital Markets
Posted 2010-11-11 10:02
by Karl Denninger
in Foreclosuregate
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WHERE ARE THE INDICTMENTS?
 

Matt Taibbi blows the door off the entire Foreclosuregate scam with yet another article.....

In one case handled by Jacksonville Area Legal Aid, a homeowner refinanced her house in 2005 but almost immediately got into trouble, going into default in December of that year. Yet somehow, this woman's loan was placed into a trust called Home Equity Loan Trust Series AE 2005-HE5 in January 2006 — five months after the deadline for that particular trust. The loan was not only late, it was already in foreclosure — which means that, by definition, whoever the investors were in AE 2005-HE5 were getting shafted.

Why does stuff like this matter? Because when the banks put these pools together, they were telling their investors that they were putting their money into tidy collections of real, performing home loans. But frequently, the loans in the trust were complete ****. Or sometimes, the banks didn't even have all the loans they said they had. But the banks sold the securities based on these pools of mortgages as AAA-rated gold anyway.

Right.  So what's the bottom line?

In short, all of this was a scam — and that's why so many of these mortgages lack a true paper trail. Had these transfers been done legally, the actual mortgage note and detailed information about all of these transactions would have been passed from entity to entity each time the mortgage was sold. But in actual practice, the banks were often committing securities fraud (because many of the mortgages did not match the information in the prospectuses given to investors) and tax fraud (because the way the mortgages were collected and serviced often violated the strict procedures governing such investments). Having unloaded this diseased cargo onto their unsuspecting customers, the banks had no incentive to waste money keeping "proper" documentation of all these dubious transactions.

The entire thing was and is a scam.  I've been blowing the whistle on this for more than three years.  There's no interest in stopping it, and most people's eyes glaze over.

But the essence of the scam is this: you were asset-stripped, your money stolen, you were sold an overinflated house, and all of it was an intentional scam

What's sad is that most Americans who have an opinion about the foreclosure crisis don't give a **** about all the fraud involved. They don't care that these mortgages wouldn't have been available in the first place if the banks hadn't found a way to sell oregano as weed to pension funds and insurance companies.

That's one of the larger uglies in all of this.  Not only were you ripped off but worse, the banks who did it not only robbed you once on your house, but robbed your pension fund on the back end!

There's a cynical argument to be made that the entire purpose of TARP and all the other BS pulled by both Obama and Bush was to run the statute of limitations - that is, intentionally delay recognition of the harm until you can't sue to recover any more

Then there's the attempts to block the public's access to the courts - to observe.  A right guaranteed in the Constitution

Worse, about an hour later, April Charney, the lawyer who accompanied me to court, receives an e-mail from the judge actually threatening her with contempt for bringing a stranger to his court. Noting that "we ask that anyone other than a lawyer remain in the lobby," Judge Soud admonishes Charney that "your unprofessional conduct and apparent authorization that the reporter could pursue a property owner immediately out of Chambers into the hallway for an interview, may very well be sited [sic] for possible contempt in the future."

What part of The Constitution did this DOUCHE NOZZLE not bother to read?

We stand for this?  Now we not only have perjury across the board and fraud up and down the line but we also have courtrooms where judges exclude the public in direct contravention of both state and federal Constitutions?

This so-called Judge needs to be imprisoned.

Why don't the banks want us to see the paperwork on all these mortgages? Because the documents represent a death sentence for them. According to the rules of the mortgage trusts, a lender like Bank of America, which controls all the Countrywide loans, is required by law to buy back from investors every faulty loan the crooks at Countrywide ever issued. Think about what that would do to Bank of America's bottom line the next time you wonder why they're trying so hard to rush these loans into someone else's hands.

The banks are insolvent.  Bankrupt.  Kaput.  Period.

We're beyond Banana Republic stage - this is well into the realm where the looters are now employing as many hired guns as they can find in a puerile attempt to cover their tracks and continue to cover up the original looting with more looting!

The only remaining question is why the public sits still for this obviously outrageous behavior, and when we will see the general public rise off their couches, turn off Dancing With The Stars, demand that this crap stop and the institutions involved be shut down and broken up with their executives subject to investigation, prosecution and imprisonment.

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Karlmarxghost
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I know a lot of people can't stand Matt Taibbi because of his left leanings, but I like the guy. This piece should be spread en masse. You heard me talk about the pension issue on another thread, this whole scam was invented to find a way to rob the peoples pension, the peoples wealth that they worked for decades to save for. That is 100% what this scam was all about. It was never intended to succeed, it was intended to succeed long enough till they got the lions share of everyones pension. George Carlin coming back from the dead...

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My views are my view and mine alone. Karl or ticker forum does not endorse or necessarily agree with my views. DO not trade on my views or take them personally.
Halfbrite
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Thanks KD - that's about as plainly as you can put it.

Anyone who stands for this being done to their neighbors and their country, and doesn't take personal, concrete action steps (beyond merely commenting on this forum), is a fool.

I am not talking about violence or revolution - there are many legitimate action steps one can take.

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"That which cannot continue, will not continue. Brace for impact!"
Tesla
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If I had a mortgage that was securetized, I'd quit paying...right after any asset I had left disappeared.

Why the hell is ANYONE paying on a securetized mortgage ?

Folks, move your non-pension assets out of the way or get in cash, and STOP PAYING THE SCAM MORTGAGE !!!!!

The only way to stick it to the fraudsters is to stop enabling them.

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"Even a dog knows the difference between being stumbled over and being kicked." -Justice Oliver Wendell Holmes

"Neither the wisest Constitution nor the wisest laws will secure the liberty and happiness of a people whose manners are universally corrupt." -Samuel Adams

Stemmit
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Gen, thanks for another great Ticker!

One reason for no indictments:
The 'indicters' are afraid- they are scared as hell to tip the statues quo in any way. This cowardice is due to simple protection of their jobs/salaries/status.

For those who can prosecute, the fear of short term personal consequences prevets any action.

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The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men. Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children. And I will execute great v
Halfbrite
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Tesla said:
Quote:
If I had a mortgage that was securetized, I'd quit paying...right after any asset I had left disappeared.

Why the hell is ANYONE paying on a securetized mortgage ?


You may want to save a substantial amount of assets to enable you to legally fight the inevitable foreclosure(s) attempts?


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"That which cannot continue, will not continue. Brace for impact!"
Psquared
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A friend of mine worked for a large regional bank securitizing loans and mortgages. He barely graduated from college but in the late 90s and early 2000s - up until 2008 - he was making $1mm a year doing this. His job before working for the investment arm of this bank was selling men's suits.

The commissions for mortgage originators and securitizers were incredible thus the incentive for fraud (its always money isn't it?) was there and everyone was making a fortune.

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"Our Constitution is designed only for a moral and religious people. It is wholly inadequate for any other." ~ John Adams
Themortgagedude
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peurile - That's two times this week I've heard that word. Karl Denninger and Jake's girlfriend on Two and a Half Men. Maybe I should look it up and know the meaning if its gonna become a common word in todays culture. I thought it meant childish, but I'm guessing since KD is using it that it has a far more sinister meaning.smiley

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I'm already visualizing you with duct tape over your mouth.
Tesla
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Quote:
You may want to save a substantial amount of assets to enable you to legally fight the inevitable foreclosure(s) attempts?


Yes, to a point, but more importantly so there's nothing they can come back at you after the foreclosure, ie recourse for deficiency. Let 'em take the damn house - after a few million more do this, all house values will be lying in the dust and you use those saved assets later to buy a house for cash. That's why you "remove" the assets that might be at risk if you have a judgment against you, or need to file BK as a result.

Why let your ass-ets hang out where the banksters can pick them off ?

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"Even a dog knows the difference between being stumbled over and being kicked." -Justice Oliver Wendell Holmes

"Neither the wisest Constitution nor the wisest laws will secure the liberty and happiness of a people whose manners are universally corrupt." -Samuel Adams

Gates
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..

Schoolsout
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I email a lot of info pertaining to all of this to a local radio morningshow host (one of my old teachers) and he has brought it up once with the stock broker that is featured for 5-10 mins in the AM. Broker guy says this is nothing....Radio guy thinks I wear tinfoil around everywhere I go (somewhat jokingly, though).

The fact is nobody talks about this except for people not on the radar and because of that, it is considered "bunk."

I can't, for the life of me, figure out why it seems that 99% of the population do not give a damn about anything.
Mdm
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Quote:
The only way to stick it to the fraudsters is to stop enabling them.


So long as the Federal Reserve exists in its current form, the fraudsters will continue to be enabled.
Shanearthur
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Hey Karl,

I have a mortgage through BOA. I'm wondering what happens to it when BOA detonates. Are you familiar with typical procedure in such an instance? Obviously, some organization will transfer(sell) it to some other organization, and I'm assuming I will have no say in the matter.
Jwm_in_sb
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They don't give a damn because a large number of them are still hoping / thinking that house prices are going to start rising 10 to 20% a year again. No, really. There are still quite a number of idiots who think and want that to start again. This won't stop until those people finally realize that it is not going to happen or at least not without decimating their wages.
Bluebird
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Schoolsout said "I can't, for the life of me, figure out why it seems that 99% of the population do not give a damn about anything."

Lots of reasons, my siblings are perfect examples...they all have very good jobs, make excellent money, have professional financial planners, buy whatever they want, live in McMansions, are millionaires, have expensive hobbies, take exotic vacations, etc.

When they have no money, no cash, no credit, no financial portfolio, and are hungry, then they will pay attention.
Halfbrite
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Tesla: Shhhhhhh - keep it on the down low. A plan that will actually work should remain discreet. smiley

The msm or the banks, will NEVER admit or publicize the growing number of americans pursuing such a course.

Pull the pin. Starve the beast. Quit praying and take action. (that last ones from the bible) smiley

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"That which cannot continue, will not continue. Brace for impact!"
Psquared
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Most people don't want to face the facts because it would force them to accept something completely dissonant with their view of the world around them and their own little corner of it. They just want to be left alone with their Volvos, SUVs and weekend cottage on the lake.

I had this discussion with some well educated and wealthy cousins at a birthday dinner back in August. We were discussing mark to market rules and one cousin, who is very bright, said that a banker friend told her that changing this rule was the best thing to happen in the last two years.

My response was, "yeah, because it probably saved them from insolvency." The blank expression I got back and the immediate change of the subject to someone's grandchild told me they just didn't want to hear.

That is pretty typical. If you have a vested interest (wealth) in the current ponzi system your entire being will be focused on defending your view of the world - that being, that this is just a bump in the road and everything will be fine very soon.

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"Our Constitution is designed only for a moral and religious people. It is wholly inadequate for any other." ~ John Adams
Steelhead23
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Ever feel like you've slipped down the rabbit hole? As in, we're all being robbed of our futures and yet many of us like the robbers. Why? Well, those very same robbers made the value of their houses sky, they loaned them money at very low rates to buy that Camaro they always wanted and they gave them tax breaks for borrowing more than they should have. What's not to like? Isn't America grand?

America, real America is dead.

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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
Jwm_in_sb
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Yeah Psquared but it is because a lot people don't really understand the implications of "insolvency". It is an abstract concept for most so they ignore it. Hence the glazed looks.
Psquared
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The way things are and the way people believe (or want to believe) create a phenomena called, "cognitive dissonance." The mind will fight to maintain a delusion or a fabrication in order to maintain the ego's reality. Any fact that contradicts those beliefs will be ignored or rationalized.

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"Our Constitution is designed only for a moral and religious people. It is wholly inadequate for any other." ~ John Adams
Karlmarxghost
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Wow I just completely read the article. The **** gets intense on pages 4 and 5. This is a long read but well worth it. People need to get over the notion that "the deadbeat homeowners deserve what they are getting"

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My views are my view and mine alone. Karl or ticker forum does not endorse or necessarily agree with my views. DO not trade on my views or take them personally.
Jal
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Agree, I have been saying for the last two years, The banks robbed all of the funds.
Quote:
“Not only were you ripped off but worse, the banks who did it not only robbed you once on your house, but robbed your pension fund on the back end!”

I disagree with,
Quote:
“The banks are insolvent.  Bankrupt.  Kaput.  Period.”

Instead, I would say, They would be IF THE LAW WAS FOLLOWED.

JAL
Sushihorn
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Because of his politics, some of Tabibi's prescriptions are problematic. However, he is often dead on correct about the problem itself. And that viewpoint is what allows him to appeal to a group of people that would be far less likely to accept the same evidence presented from a free market or rule of law perspective. Tabibi mixes some of the later with a leftist "social justice" POV in a way that is persuasive to adherents of that ideology.

We need to punish the banks and other criminals. I welcome those who would enforce the law even if their reasons for doing so are different from mine.

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Build a banker a fire and keep him warm for a night.
Set a banker on fire and keep him warm for the rest of his life.
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