Foreclosure Fraud Hits Prime Time

Yesterday, we've had a New York Times editorial, and today, Getchem Morgenson hits their front page with a survey of "flawed paperwork" issues:

As some of the nation’s largest lenders have conceded that their foreclosure procedures might have been improperly handled, lawsuits have revealed myriad missteps in crucial documents.

It's good that this story has hit the big time, but Ms. Morgenson is wrong. There were no flawed documents, this was deliberate fraud, and the dead tree media is behind the curve on this.

We are seeing Fitch making noises about downgrading mortgage servicers over this issue, and on the regulatory front the Connecticut Attorney General has placed a 60 day moratorium on foreclosures, so that paperwork can be reviewed, and the Comptroller of the Currency has ordered 7 of the larges banks to review their paperwork.

On the private side of the business, we are seeing title insurance companies refusing to write policies on foreclosures for some of these banks.

In terms of the irregularities that we are seeing:

• Repeated instances of bank executives signing foreclosure paperwork certifying that they had reviewed the filings, even though they had never actually read the documents. (robo-signing)
• Fraudulent affidavits of the service of process, which blows my mind.
• They wanted to take your house, but the foreclosure mill law firms don't want to spend 60 bucks or so to physically tape a notice to a door.
• Yves Smith finds an actual price list of forged documents.

If you think that the housing crash is bad, just wait until millions of foreclosed homes hit the market, and no one is willing to buy them, because the title is not clear, than the sh%$ really hits the fan.

My earlier post on the subject is here.