High Noon: Banks vs. The Law (Mortgage Foreclosures) – Part 3

Ok, continuing the series on the mortgage foreclosure crisis here. For background on the legal side of the problem see Part 1 and for a humorous look by Jon Stewart at the crisis see Part 2.

The banks are claiming that the problems are only paperwork glitches, that all the people being foreclosed on are in default and owe serious money, and that foreclosures will resume soon.  Kind of a “nothing to see here, move along” response.  This pitch is getting echoed by politicians, the Wall Street Journal (I don’t link to pay sites), and, of course, the banks.  The White House seems to be falling into line with their bosses, the banks, too.  From the New York Times (free registration may be required):

The industry has argued in response that problems should be addressed without halting all foreclosures, because a moratorium would damage the economy. “It must be recognized that the mortgage market, investors and the health of the economy are all interrelated,” Tim Ryan, president of the Securities Industry and Financial Markets Association, said Monday.

The White House shares those concerns, and it has tried to defuse the issue by arguing that problems can be addressed without imposing a moratorium.

“There are, in fact, valid foreclosures that probably should go forward,” David Axelrod, a senior White House adviser, said Sunday on CBS.

Administration officials argue in part that the problems that have emerged in recent weeks do not change the fact that lenders are seeking to foreclose on people who borrowed and then failed to repay. Most of the identified problems are best described as technicalities, not miscarriages of justice.

But we also know it’s patently false.  There are clear cases of erroneous foreclosures including, but not limited to these reported in the same Times article:

Advocates for homeowners, however, say that the pattern of sloppiness allows and encourages more serious abuses. They point to a growing number of documented cases in which lenders mistakenly seized homes.

Bank of America apologized last month for foreclosing on a home in Fort Lauderdale, Fla. The homeowner didn’t even have a mortgage. The bank had failed to notice that the previous owner had repaid the mortgage loan.

Last year the company’s contractors entered the home of a Pittsburgh woman, changed the locks, cut off the utilities and seized her pet parrot. The bank later acknowledged that the woman had not missed any mortgage payments.

Other companies including Citigroup and JPMorgan Chase also have apologized for mistaken attempts to seize homes they didn’t own.

Dozens of people have sued lenders charging that their homes were foreclosed even after the lender agreed to a loan modification or repayment plan.

I just don’t accept that foreclosing and seizing (really stealing) a house that DID  NOT HAVE A MORTGAGE is more than a “paperwork glitch”.  There’s much more to this crisis.

 

High Noon: Banks vs. The Law (Mortgage Foreclosures) – Part 2

So, just what is the “mortgage foreclosure crisis”?  One part, as suggested in part 1 of my “High Noon” series of posts on this issue is that the banks have lied in court in order to save money, cut corners, and rapidly foreclose on houses that they may or may not be able to prove they should be able to legally foreclose.  Part 1 suggested a political/legal crisis as we decide whether banks have to comply with laws and court procedures or not.

Now before I get into more explanation of the problems and potential risks to the economy from these foreclosure documentation problems, I want  to Jon Stewart give a quick overview of the problem. Unfortunately I can’t embed the video here (WordPress.com doesn’t have code for a Daily Show embed) so go here: http://www.thedailyshow.com/watch/thu-october-7-2010/foreclosure-crisis.

High Noon: Banks vs. The Law (Mortgage Foreclosures) – Part 1

In recent weeks a legal storm has begun to blow regarding mortgage foreclosures.  It seems that in the last decade, as banks and Wall Street rushed to push mortgages and borrowed money at any homeowner or wannabe homeowner who was breathing while simultaneously raising the money by pushing too-complex-to-understand Mortgage Backed Securities Trusts and bonds (MBS) on investors, the banks found it a bit inconvenient unprofitable to follow the detailed laws about recording mortgages and transferring notes.  Now, as homeowners have fallen behind in payments and the banks (through their mortgage servicer operations) have taken to foreclosing on properties in high volume.  Of course, there’s those nasty details about the notes not being recorded properly and the paper trail not being complete.  No problem for today’s super banks, though. They just lie.  That’s right, they’ve been caught, as in court testimony and TV interviews of their own mid-level managers.  Seems they sign and file affidavits claiming the “paper work is lost but don’t worry Mr. Judge, I know personally the facts of this case intimately and this is what they are”.  Except they sign these affidavits of “intimate knowledge” in high volume.  As in 10,000 per month or 1 every 1-2 minutes.  As Yves at Naked Capitalism recounts

Reader ella in comments provided a reminder:

An affidavit is a legal document which can substitute for live witness testimony in court. All testimony in court is governed by the rules of evidence or by statute. All testimony requires that the witness swears to tell the truth, is competent and has personal knowledge of the facts they are testifying about. An affidavit is no different, in most if not all jurisdictions; the affiant swears to tell the truth by being placed under oath by the notary, the affiant states in the affidavit that they were sworn, are competent and that they have personal knowledge of the facts in the affidavit. The notary attests to the oath of the affiant and that the affiant is who he claims to be.

If a witness lies in court or in an affidavit then they could be charged with perjury. Perjury is lying to the court.

The affidavit issue is being portrayed in the MSM at a paperwork problem. Lying to the court is not a paperwork problem. Attorneys are prohibited from making a material misrepresentation to the court of fact or law. Further, attorneys in most jurisdictions have an affirmative duty to report known perjury by their clients to the court.

The problem with the affidavits is perjury on behalf of the affiants and possibly the notaries depending on the notaries’ knowledge that the affiants had not reviewed the files, the promissory notes, the mortgages, or the records of default.

Further, you can reasonably argue that the entities pursuing foreclosure (banks or servicers) have perpetrated a fraud on the court by submitting perjured affidavits. If the attorneys representing the entities have knowledge of the fraud or are preparing questionable documents then they may also be involved and subject to penalties.

At the heart of any trial or hearing is the determination of the truth of the matter. It is the very purpose of the rules of evidence and what law and fact is presented to the court. If the affiants lied, as it appears, then the truth of whether they owned the note and held the mortgage and the borrower was in default is at issue. Courts, Attorneys General, and bar associations need to serious consider actions that will assure compliance with the rule of law.

This country cannot stand as a democracy if there is one set of law for the banks, corps, elites and another set of law for the rest of us. Perjury and fraud on the court is very serious matter. It is not a mere paperwork problem.

This doesn’t summarize all of the problems related to the growing foreclosure fraud crisis, but in my opinion, it’s one of the most significant.  These big banks have perpetrated, with intent and foreknowledge, fraud on our courts.  They have lied under oath.  They have perjured.  These are not “paperwork problems”.  These are crimes.  Not civil infractions. Not “misstatements”.  These are crimes.  Crimes that would see any individual put in jail.  The banks need to be held accountable. If not, then we do not have a viable legal system of “equal justice for all”.  If we don’t have that, we can’t have market capitalism.

More to come in future posts on this topic, because it is looming like a growing shadow over the economy.

The Invisible Ever-expanding Government Sector

One of the criticisms leveled against the Federal Government’s efforts of the last couple of years in response to the Great Recession is that the “government is gettng too big”.  Well as they say on TV, let’s go to the tape.  Or, in this case, let’s look at the actual numbers over time.  Fortunately, we don’t have to dig them up, Menzie Chinn already has:

The “Ever-Expanding” Government Sector, Illustrated

Just some numbers to bring reality into the general discussion:
govem0.gif
Figure 1: Employment in government, in thousands, seasonally adjusted (blue), and excluding temporary Census workers (red). Total series is “USGOVT” from FREDII. NBER defined recession shsaded gray, assumes last recession ended 2009M06. Source: BLS, August employment situation release.Update 8:50am Pacific, Thu 9/9:

Reader John Eckstein was kind enough to send me disaggregated government employment data, so that I wouldn’t have to do it myself. Here are some graphs thus generated. Note, these figures do not include uniformed military; they are based the establishment survey.

anti_leviathn1.gif
Figure 2: Federal (red), state (green), local ex.-educ. (orange) and local-education (purple), as a share of total nonfarm payroll employment (FRED II series PAYEMS). Source: BLS CES data via John Eckstein, and FRED II, and author’s calculations.

Watch the Dealer, you “Lesser People”. The Deck is Stacked

I know I’ve mentioned it before (see here), but the deck is stacked against seniors, working people, and most everybody else that’s not in the investment banker-politico ruling elite. Now let’s take a look at some recent quotes from the co-Chair of the President’s Commission on Fiscal Responsibility, Alan Simpson.

Soon after he was appointed to this role:

Simpson gave an interview on the NewsHour after his appointment, saying:

You have two choices…you either raise the payroll tax or decrease the benefits or start affluence testing. The rest of it is B.S. This country is gonna go to the bow-wows unless we deal with entitlements, Social Security, and Medicare.
From Columbia Journalism Review

Now that’s just total BS and nonsense. Social Security is not in contributing to the deficit. In fact, it actually helps fund and offset the deficit by the way the U.S. collects more in payroll taxes (Social Security taxes) than necessary to fund current outlays. But, Simpson’s not likely to let facts get in the way of something he’s wanted to do for decades: cut Social Security.

Now more recently (last month):

In his exchange with Alex Lawson of the advocacy group Social Security Works, reported Friday by my colleague Holly Yeager, Simpson challenged Lawson, asking “Where do you come up with all the crap you come up with? We’re trying to take care of the lesser people in society and do that in a way without getting into all the flash words you love to dig up, like cutting Social Security, which is bullshit.”

Got that? You and I, we are “lesser people”. Your grandma? A lesser person according to Simpson. Your mother and dad? Lesser people according to the guy who is going to chair the commission that seems dead-set on cutting Social Security. And remember, this President appointed him and won’t fire him.

Surely veterans are not “lesser people” right?  After all, they’re the noble warriors who defended the flag that Simpson and others like to wrap themselves in.  Wrong. Simpson again thinks veterans, at least those unfortunate enough to have been in the way when the U.S. used Agent Orange in Vietnam to defoliate burn down everything in sight.  He thinks these veterans getting disability benefits are part of the problem too.

Fresh off of being forgiven by the White House, Simpson has a new target.

RALEIGH, N.C.—The system that automatically awards disability benefits to some veterans because of concerns about Agent Orange seems contrary to efforts to control federal spending, the Republican co-chairman of President Barack Obama’s deficit commission said Tuesday.

Former Wyoming Sen. Alan Simpson’s comments came a day after The Associated Press reported that diabetes has become the most frequently compensated ailment among Vietnam veterans, even though decades of research has failed to find more than a possible link between the defoliant Agent Orange and diabetes.

“The irony (is) that the veterans who saved this country are now, in a way, not helping us to save the country in this fiscal mess,” said Simpson, an Army veteran who was once chairman of the Senate Veterans’ Affairs Committee….

“It’s the kind of thing that’s just driving us to this $1 trillion, $400 billion deficit this year,” Simpson said. “It’s not that I’m an uncaring person, but common sense is the most uncommon thing in Washington.”

From Daily Kos

Turning Point: 1970′s

American economic history is neither linear nor smooth. Change happens in fits and starts. There are clear turning points where the structure of the economy, the distribution of income/wealth, and the distribution of power changes. Obviously the 1930′s (Great Depression) was one such turning point. In retrospect, it appears the 1970′s (or at least mid- to late-1970′s) were one such major turning point. Reagan was perhaps less the leader of a revolution than the crowning icon of the success of the revolution.

James Kwak explains:

In Winner-Take-All Politics,* Jacob Hacker and Paul Pierson explain why.

In 13 Bankers, Simon and I argue that the key forces behind the transformation of the financial sector and the resulting financial crisis were political, not simply economic. To this argument, at least two good questions spring to mind: Why finance? And why then? Hacker and Pierson have good answers to both of these questions. Their answer to the latter question is better than (though not inconsistent with) the answer we gave in our book.

To the former question, their argument is simple: business interests in all sectors organized a takeover of political power that pushed organized labor and other groups protecting middle-class interests to the sidelines and made possible decades of policies that have enriched the super-rich at the expense of everyone else, including the merely affluent. Finance was simply the biggest and most profitable of these sectors–and, we would emphasize, the one best able to hold the government hostage in a financial and economic crisis.

The answer to the second question is a bit more involved but particularly important. Many people, including Simon and me, have observed that American politics and the American economy reached some kind of turning point around 1980, which conveniently marks the election of Ronald Reagan. (We also pointed to other factors such as the deregulation of stock brokerage commissions in 1975 and the high inflation of the 1970s.) Other analysts have put the turning point back in 1968, when Richard Nixon became President on the back of a wave of white, middle-class resentment against the 1960s. Hacker and Pierson, however, point the finger at the 1970s. As they describe in Chapter 4, the Nixon presidency saw the high-water market of the regulatory state; the demise of traditional liberalism occurred during the Carter administration, despite Democratic control of Washington, when highly organized business interests were able to torpedo the Democratic agenda and begin the era of cutting taxes for the rich that apparently has not yet ended today.

Why then? Not, as popular commentary would have it, because public opinion shifted. Hacker and Pierson cite studies showing that public opinion on issues such as inequality has not shifted over the past thirty years; most people still think society is too unequal and that taxes should be used to reduce inequality. What has shifted is that Congressmen are now much more receptive to the opinions of the rich, and there is actually a negative correlation between their positions and the preferences of their poor constituents (p. 111). Citing Martin Gilens, they write, “When well-off people strongly supported a policy change, it had almost three times the chance of becoming law as when they strongly opposed it. When median-income people strongly supported a policy change, it had hardly any greater chance of becoming law than when they strongly opposed it” (p. 112). In other words, it isn’t public opinion, or the median voter, that matters; it’s what the rich want.

That shift occurred in the 1970s because businesses and the super-rich began a process of political organization in the early 1970s that enabled them to pool their wealth and contacts to achieve dominant political influence (described in Chapter 5). To take one of the many statistics they provide, the number of companies with registered lobbyists in Washington grew from 175 in 1971 to nearly 2,500 in 1982 (p. 118). Money pouring into lobbying firms, political campaigns, and ideological think tanks created the organizational muscle that gave the Republicans a formidable institutional advantage by the 1980s. The Democrats have only reduced that advantage in the past two decades by becoming more like Republicans–more business-friendly, more anti-tax, and more dependent on money from the super-rich. And that dependency has severely limited both their ability and their desire to fight back on behalf of the middle class (let alone the poor), which has few defenders in Washington.

At a high level, the lesson of Winner-Take-All Politics is similar to that of 13 Bankers: when looking at economic phenomena, be they the financial crisis or the vast increase in inequality of the past thirty years, it’s politics that matters, not just abstract economic forces. One of the singular victories of the rich has been convincing the rest of us that their disproportionate success has been due to abstract economic forces beyond anyone’s control (technology, globalization, etc.), not old-fashioned power politics. Hopefully the financial crisis and the recession that has ended only on paper (if that) will provide the opportunity to teach people that there is no such thing as abstract economic forces; instead, there are different groups using the political system to fight for larger shares of society’s wealth. And one group has been winning for over thirty years.

“Sovereign Default” is an Oxymoron With Fiat Money

Again, there is no risk – none, zip, nada – of default by the US (or any other currency sovereign nation) on their government bonds.  This does not mean that these governments can run unlimited deficits of unlimited amounts without any consequences.  It means the consequences don’t include default on government bonds.  If the government spending were truly too much, the consequence would be an overstimulated economy where aggregate demand exceeds available real resources. It does mean that the national debt does not ever have to be “paid off”.  It also means that deficits now do not imply “higher taxes in the future”.

Today’s support comes from Bill Mitchell ‘s Billy Blog and  Steven Major of the Financial Times.

In his FT article – ‘True sovereigns’ immune from eurozone contagion – HSBC economist Steven Major opens with the following statement:

There are plenty of doomsayers who think it is only a matter of time before the sovereign risk crisis spreads from the eurozone to other countries, including the US, UK and Japan.

This is not going to happen in my view. That is because the obsession with public debt ratios fails to distinguish between different levels of sovereignty. The US, UK and others can maintain high public debt ratios for longer, especially given the amount of deleveraging being carried out by the private sector.

Not all sovereigns are the same. The US, UK, Japan and Canada are examples of what I call “true sovereigns”. For these countries there is zero default risk. Investors should not worry about credit fundamentals, as they will always receive their coupons and original investment on redemption.

This is so contrary to what is being peddled each day in the financial press that a medal for bravery should be awarded. I just did that Steve(!)

Steven Major chooses to term a government in the former category a “true sovereign” because it:

… can issue freely in its own currency, has full taxing power over the population and ultimately, if required, can create more of its own money. None of this means that true sovereigns can afford to be profligate, far from it, but it does mean there is no externally imposed timetable on fiscal retrenchment.

I am 100 per cent in agreement with this construction.

Doing With Less Oil

Recession and revulsion at BP are doing what many thought not possible:  getting Americans to use less gasoline per person per day.  From Political Calculations:

Monthly Average Gallons of Finished Oil Products Supplied per United States Resident per Day, January 1982 through March 2010 The chart to the right reveals what we found when we took the U.S. Energy Information Agency’s figures for the average number of thousands of barrels of Finished Petroleum Products Supplied to the U.S. per day, converted those figures to the equivalent number of U.S. gallons, then divided that result by the number of people within the United States, as measured by the U.S. Census’ Resident Population Estimate for each month from January 1982 through March 2010 (we found that data in two places – here it is for between April 1980 through November 2000, and for April 2000 through the present).

What we find is that since January 1982, the average daily oil consumption for individual Americans living in the United States has averaged 2.56 gallons per person. More remarkably, we see that Americans have dramatically reduced their consumption of oil and its derivative products since July 2007.

So dramatically, in fact, that Americans today are consuming roughly one-third of a gallon per person less than they did on average from January 1982 through November 2007, the last full month before the largest recession in the U.S. since World War II began. As of March 2010, Americans are consuming an average 2.28 gallons of oil per day.

That drop has occurred even as the resident population of the United States steadily increased throughout this period.