Mortgage-Backed Securities Without Mortgages?
The Market Ticker ® - Commentary on The Capital Markets
Posted 2010-11-16 08:41
by Karl Denninger
in Foreclosuregate
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Mortgage-Backed Securities Without Mortgages?
 

We may be about to find out.

The number of deals the RMBS Investor Clearing House now has a big enough interest in to request action by bond trustees has climbed about 30 percent since a July statement by Franklin. The clearing house allows bondholders to coordinate without divulging to each other which securities they own.

The group added three new portfolios Nov. 12 that werenˇŻt included in the most recent total, Franklin said in an e-mail from Dallas that day. A quarter of bond investors in any single deal marks the minimum threshold to force mortgage-bond trustees to grant access to loan files that may help investors prove mortgage sellers should buy back bad debt or take other action.

Remember, the allegations made by various legal folks in the practice (and apparently validated by the case law thus far) is that not one note has been able to be produced that contains all of the required conveyances and endorsements.

What's going to happen when (or if) these folks gain access to the files and find that they're missing - that is, that the custodian doesn't have them?

Well now that would be interesting, no?  "Mortgage-backed securities" that in fact have no mortgages in them?  Why that would be a wee problem, no?

Everything we know up to this point strongly suggests that this is exactly what is going to be discovered, and as a consequence, the RMBS Investor Clearing House is definitely an entity to watch.

The wheels of justice turn slowly, but they do turn, and if in fact basically none of these notes have been properly conveyed into the trusts, and as such the trusts are a legal nullity, then investors have spent billions of dollars as unknowing participants in a massive fraudulent scheme.

smiley

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Wearedoomed
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Manure Backed Securities.

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Popothebright
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Which is likely the reason Paulson is heading for the exits...


Quote:

Paulson Sells Large Portions Of BofA, Citi, Wells, Capital One, Dumps All Of Goldman

John Paulson's September 30 13F has been released. Total long stock holdings reported amounted to $22.9 billion, unchanged from June 30. As expected, and following hot in the footsteps of David Tepper, Paulson dumped nearly 20% of his Bank of America and Citi stakes (30 million shares and 82.7 million shares respectively), sold about 11% of Wells Fargo and Capital One, and dumped his entire 1.1 million Goldman position.


http://www.zerohedge.com/article/paulson....


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Detersbb
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If you think that anything happens here it is nothing more than a pipe dream.

Simply the federal reserve will step in make the investors whole and remove from them their standing to seek damages in civil court. There will be no criminal referral and no DA will ever see and "evidence" of fraud or enough of a probable cause for concern and a subsequent investigation.

Onelegged
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Do these assclowns do ANY legitimate business anymore?

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http://en.wikipedia.org/wiki/Caritas_(Po....

When PJ O'Rourke wrote about that years ago, I thought, "what rubes!"..

Turns out the Romanian fraudsters were just thinking too small.
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The Holy Grail - mortgage files.


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KD, Whelan's got a new IRA monitor piece out today and it amplifies on what the NYTs Gretchen M mentioned about AMBAC.

Geithner is out of control! He is telling a state insurance commissioner to pay off banks before policy holders.
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The TARP Overshight Commission sounds the clarion.
http://www.huffingtonpost.com/2010/11/16....
Congress is waking up to the severity of this issue. Given past industry-centric decisions by that august body, I hope the public catches up. We need to be clear: the integrity of the U.S. property ownership system is more important than any bank. It must be protected and restored, regardless of the outcome to those who foolishly gamed the institution. And we are damn serious about it.

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Karl,

You still have not told us if you have received ONE file with all the paperwork in order.

jal
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He hasn't.
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Yes I have (told people), and no I haven't.

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What part of "shall not be infringed" was unclear?

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Huffpost wrote..
"Treasury so far has expressed relatively little concern that foreclosure irregularities could reflect deeper problems that would pose a threat to financial stability."


We're gonna have to drag 'em kicking and screaming.

I'm good with that...

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The only financial instruments that have any value are the ones you/we/the public cannot own. CDS between the TBTF banks. The rest is just illusion or so it must be. Thus we have mortgages with no paperwork, insurance policies with no coverage, nations with no purpose but to extract from citizenry revenue to pay off bad bank bets and allow CDS made by Citi with Dunkin Donuts to be honored.
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Sangell -- got a link to the Whelen piece you mentioned?

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Quote:
if in fact basically none of these notes have been properly conveyed into the trusts, and as such the trusts are a legal nullity, then investors have spent billions of dollars as unknowing participants in a massive fraudulent scheme.


This would of necessity be a Conspiracy between various Banking, Servicing, Processing, Legal, Insurance, Trust Fiduciary interests; and the Regulators *including the FED* -ALL of whom must have come to know at one point or another that the Trusts were shams.

It is also highly unlikely that there were absolutely no County Recorders or Judges or State AGs that came to understand the structure of the MBS Bezzle at one point or another; so, the corruption of the Legal and Judicial Structures that should naturally be the venue for dealing with these Crimes must also be considered...

Who can reasonably expect justice form a deeply corrupted and conflicted Judiciary and Justice System?


Lastly:

I find it very hard to believe that the IRS NEVER Investigated ANY of these Tax Exempting Trust Structures to verify the claims of Exemptions.

This seems absurd on the face as the IRS Routinely does random Audits of even the most insignificant Private Tax Payers.

Why would the Federal Government NOT be checking up on Multi-Billion Dollar Tax Avoidance Trust Structures with stringent rules and mandated verifiable document trails?

Much has been made of the MERS tactics for avoidance of County Recordation Fees; but, this is small potatoes and merely a patchwork of local issues.
-The use of Fraudulent Devices and Documentation and Claims for avoidance of Billions of Dollars of Federal Taxes is a much more serious matter.

Before We get any further into ( the diversionary fray over ) the expiring 'Bush Tax Cuts' I would very much like a generalized accounting of the LONG OVERDUE Federal Tax Bill -including the Penalties and Fees that should be accruing- for the Entirety of the Improperly Formulated and thus Tax Shelter Invalid MBS Trusts.

I'm doing a little research; and I think that a Ticker might be in order on this subject as the amount appears to be directly related to another number that is getting thrown around a lot lately in discussions pertaining to .GOV spending, revenue and Taxation...

Revenue side of the equation, indeed.

If the Trusts were not properly conveyed and constituted -and it appears they are not: then there are also HUGE IRS Tax liabilities that are long Overdue associated with these Bogus Shelters.

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If the Trusts were not properly conveyed and constituted -and it appears they are not: then there are also HUGE IRS Tax liabilities that are long Overdue associated with these Bogus Shelters.

Owww!

That is going to hurt.

Revenue Problems Solved.
jal

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Oh, it gets much better than that, Jal:

ALL of the Information I have seen leads Me to the conclusion that the FED is NOT a NY State Certified and constituted Trust and does not have Tax Shelter for the $1.2 Trillion MBS that have been taken onto the Balance Sheet.

These Federal Reserve Bank of NY's Federal Tax Liabilities on the MBS that it BOUGHT OUTRIGHT are not being discussed by anyone presently ( save Myself ).

Arguably the FED Itself Owes the IRS Billions in Tax Revenue for the income it has received from the MBS that it bought.

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DIONYSUS: " Thou hast no knowledge of the life thou art leading; thy very existence is now a mystery to thee. " -from 'The Bacchantes' By Euripides “During times of universal deceit, telling the truth becomes a revolutionary act.” -George Orwell

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How many whistleblowers, or even low-level clerks who knew something was wrong, inside the banks, have been fired, punished, or otherwise screwed over by these crooks?

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From Steel's link -
"The Obama administration argues that it has not found any evidence to date that would pose a systemic risk to the nation's financial system. While some 11 different federal agencies are investigating the matter, it's unclear just how hard they're looking. The administration has withheld critical details that would shed light on their efforts, experts say, such as the number of people assigned to the review, what documents officials are examining, or whether investigators are combing through individual loan files to ensure that lenders, mortgage servicers and other players in the securitization chain followed the letter and spirit of the law every step of the way.

"We strongly believe that the reported behavior within the mortgage servicer industry is simply unacceptable, and servicers who have failed to follow the law must be held accountable," Treasury Department spokesman Mark Paustenbach said in a statement."

Oops - seems that Mr. Paustenbach isn't on the team.

And Throxx - since the Fed pays the Treasury Dept all of its "profits", they effectively already pay 100% of their net in taxes, so to speak.


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Quote:
since the Fed pays the Treasury Dept all of its "profits", they effectively already pay 100% of their net in taxes, so to speak.


Tesla:

You are totally missing the point.

The question is NOT whether or not 'the FED pays the Treasury all of it's supposed 'Profits'.

The question is whether or not the FED is Paying what it owes the IRS on the TAXES Due on it's OWNED MBS holdings as per the IRS TAXATION RATES on such holdings.

Whether the Owner of certain Securities makes a Profit -or how much Profit- does not alter the TAXES DUE on ANY specific Investments.

The FED is supposed to be 'Re-Investing' the Profit form the MBS.
This is purportedly some $200B to $300B based on the 'QE Lite' Regime.

1. I find it very difficult to believe that the FED is making this amount of 'Profit' on $1.2T of ( significantly impaired ) MBS in less than 2 Years.

2. I cannot reconcile the TAX Rate owed on these Assets with the claimed payments the FED has made to the Treasury.

These MBS Assets ARE NOT supposed to be Legally Purchasable by the FED in the First Place.

The Legal Tax Rate on these Assets has nothing to do with the FED's Profit Margin or lack thereof.


Paging Ron Paul.
Paging Ron Paul.
Will Ron Paul please go to the nearest courtesy phone.
Paging Ron Paul...

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DIONYSUS: " Thou hast no knowledge of the life thou art leading; thy very existence is now a mystery to thee. " -from 'The Bacchantes' By Euripides “During times of universal deceit, telling the truth becomes a revolutionary act.” -George Orwell

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Is this "Investor Clearing House" the one that was on CNBS a while back, with the attorney saying he had thousands of investors and hundreds of RMBS's that had met the 25% requirement for discovery? thanks.

Also, I have not changed my mind. No handcuffs, no Ka-Boom, no nada.

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Throxx - The IRS IS part of Treasury; what do you think the distinction is ?

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I don't think that the FED has been paying the Taxes owed on the income from those Assets.

The FED is a Private Bank.

The FED would probably not usually be in a position to pay Taxes on it's Assets as these would not be such as the MBS.

Since the FED is holding $1.2T of MBS I believe that they should be paying Taxes on those at a rate which they are not.

If the FED is LOSING Money on the MBS this would effectively be coming out of Treasury; and would thus constitute a back door Bailout.

I want to know how much Tax should be going to the Treasury from the income on the MBS and whether or not it is being paid -or if there is a loss what is being done about it.

If the 'Profit' is supposed to be going to the Treasury, and it is being 'Reinvested' by the FED; -then the FED is effectively using Un-Appropriated Treasury Funds to BUY things for Itself.

If the 'Profit' is not going to the Treasury -what are the terms?

When Persons and Businesses do not make their Tax Payments on time there are Fees and Penalties and Compounding Interest added to the Bill...

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DIONYSUS: " Thou hast no knowledge of the life thou art leading; thy very existence is now a mystery to thee. " -from 'The Bacchantes' By Euripides “During times of universal deceit, telling the truth becomes a revolutionary act.” -George Orwell
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