Wednesday, January 5, 2011

web internet marketing

Yesterday, Dawn announced she’d be moving on from Outspoken Media. It was hard to see in print, but Dawn stuck with us through an incredibly exhausting year and earned a spot in this family regardless of where her career takes her. We thank her for everything she brought to Outspoken, all the long hours and the work ethic that never ceased to impress. She’ll be missed.


With Dawn’s departure there were questions raised, especially since her announcement follows on the heels of Rae stepping down as CEO.  Over the past two years Outspoken Media has experienced a tremendous amount of growth. That growth came in many shapes and sizes, and with the hard work and trust of many individuals. It has been exhausting, difficult, scary and, at times, absolutely insane. It’s also been one of the most rewarding experiences of my life to date.



As the company grew on performance reports and ledgers, Lisa and I have grown as individuals. Did we do it without any bumps along the way? No. Did we do it without any help? No. But did we do it with a fire in our bellies to keep Outspoken Media our number one priority no matter how often our significant others, family and friends asked us to please shut the computer down? Yes. Business isn’t always fun, but the challenges make us better professionals and, I would like to think, people.


I am proud of what Outspoken Media has accomplished as a brand, a business and a service provider. It’s our baby and to the answer your questions – yes, we’re here to stay. We may not have the same names as when we began, but like any new business, if we cannot overcome inevitable obstacles gracefully and quickly, we didn’t have much going for us to begin with.


We’ve built something special and we will continue to grow this business in the New Year with the help of our team and clients.  Now also seems like an appropriate time to welcome in two new faces to Outspoken Media. Well, at least new to you. They’ve actually been part of our family for a while now. They’re two women who joined our team and showed us how important team is to business. They complete us and in 2011 will be the other half of Outspoken Media.


Sabre Angelique Sarnataro

Internet Marketing Specialist


Sabre serves as one of our Internet marketing specialists and came to Outspoken with a strong background in traditional marketing. She’s worked in promotions, broadcast advertising and print marketing, also delving into freelance web design/development and social media consulting. She has the core belief that every person should print the definition of “honest” to their mirror, not only to remind them of its varied meanings, but to inject it into their everyday lives. She believes a good marketing approach will always include passion, personality and honesty.


Clients will love her because she attacks their projects with passion, creativity and a unique voice. We love her because she’s a tough Italian, outspoken, and has no shame when it comes to the amount of frosting one requires to assemble a gingerbread house [still a sore subject around the office]. She’s also slowly working to increase Lisa’s pop culture knowledge, which we all really appreciate. Her knowledge, her fire and her spunk make her a perfect complement to Outspoken.


Michelle Lyttle Lowery

Senior Content Manager


After serving time in both the United States Air Force as a cryptologic linguist (no, seriously) and Corporate America, Michelle serendipitously fell into Web writing, and hasn’t looked back since. For more than 20 years, Michelle parlayed her love of language into successful writing and editing pursuits. A self-described word nerd, she loves reading and books, and thinks grammar and etymology are fun. She speaks Spanish and Russian conversationally, and could probably get around Paris and Berlin without too much trouble. Since September 2008, she’s been honing her skills as a Web writer and editor, and learning the art and science of SEO, and Internet marketing.


Clients will love Michelle because her uncompromising personal expectations, honest writing, and versatile style and voice. We love Michelle for her excitement, her desire to dig in and get her hands dirty, and for occasionally sending emails so amazing they make us giggle and/or cry. Michelle currently resides in South Carolina so, sadly, she’s not in the office with Lisa, Sabre and myself. But that doesn’t stop us from bugging her via video Skype chats.


Just like any new company, this past year has been a lesson in smart hiring as we opened up our new Troy, NY office.  However, with the addition of Michelle and Sabre, we’re confident we got it right.


To date we’ve been mostly a virtual shop with Lisa and myself working out of our apartments for the better part of the past two years (wee, no pants Friday!). It worked well when it was just us, but as the team grew we saw the effect that working virtually had on morale. As a result, we’ll only be considering candidates in upstate New York for (most) future positions. Yes, Michelle telecommutes, but she’s an exception due to her level of awesomeness and how well she vibes with the team. There’s something to be said for working in an office together with group coffee runs, late night client deadlines and maps for industry domination in 2011.


With that, we hope you’ll join us in welcoming Michelle and Sabre to the team. We think you’ll agree, they live up to the Outspoken Media legacy.   We also want to thank the community for their support.  The messages Lisa and I have received over the past few weeks have been nothing short of amazing.  Thank you.


Brands spent a lot of time and money in 2010 acquiring a social following. By building up Facebook Likes and Twitter followers, big brands like The New York Times and Mountain Dew now have a social audience pool that they can engage with.


The problem is that while some big brands have put a substantial effort into the social wave, other big brands, as well as smaller brands, are limited in their high volume approach to social media. 


Additionally, the bigger brands that have already made efforts toward social follower acquisition have a tough time tracking the ROI from theirefforts.  However, converging social media with display advertising can fix these social media problems, as well as the everlasting problem of banner ad blindness.


The wide reach of display advertising


Since the early days of the consumer Web, businesses have been serving their display ads on publisher sites with the goal of attracting new customers. Advertisers would back campaigns out to actual sales dollars generated directly from the ad, allowing the ROI to be measured appropriately.


E-mail marketing and SEM campaigns are tracked similarly, giving advertisers the ability to figure out how much money they need to spend on each channel to achieve a positive ROI. However, while e-mail marketing generally only targets a subscriber list, and SEM inventory mainly relies on search engines, display advertising gives advertisers the ability to target new customers and segmented audiences on the millions of Websites they visit.


This allows the brand to win additional sales from almost anywhere on the Web. But the problem with display ads is that they’re often ignored and go unnoticed by consumers, as display ads are usually,though not always,salesy and not engaging.


The engagement power of social media


Social media, however, is not ignored. Like and retweet buttons are easily and often clicked, and allow people to share brand content to their own social audience. A brand that taps into someone’s social graph can lead to dozens, even hundreds of an individual’s friends and followers to check out the brand as well. 


A brand’s followers and like-ers can start receiving additional social notices from a brand, allowing audiences to engage with and share the brand’s latest deals or info about its newest products. However, this is generally seen of as an exercise in branding, adding an implicit value to brand, which is hard to track. 


While advertisers know they are getting some sort of long term value, they don’t know exactly what this value is.  Additionally, social share buttons are generally limited to internet real estate that the brand already owns, giving advertisers a tough time to socially connect with audiences that have interest in the brand, but have yet to check out their latest blog post, viral video, or campaign.


Convergence


As a marketer, imagine spreading your brand’s Facebook Like button to the sites that your audience visits.  Imagine being able to stay in front of your audience with your Twitter feed and retweet buttons, or having ads that click-through to share your content on Linkedin. 


Converging social media with display advertising lets the two forms of media synergize, and possibly become the most powerful form of internet advertising available. We’ve already seen a media convergence between display and search – the result of which can be seen in Google Adwords – which has combined the contextual targeting of their SEM platform with the inventory of their display platform. 


By converging social media with traditional display buying, advertisers can build their social following and engage with their audience on millions of Websites. Big brands like Ford are already doing this, but 2011 will allow smaller brands to socially activate their audience through display ads as well, the benefits of which include:


An Unparalleled Reach – Not only do you get the inventory reach with the rising popularity of real-time bidding that new display media offers, people who engage with these ads will further share this engagement with their social-graph.  This is the biggest possible reach for advertisers. 


Increased Brand Engagement – As previously stated, banner ads often go unnoticed or ignored.  This is mostly due to creative design – static banners tend to not jump out to consumers, while animated banners tend to move too fast, causing its messaging to be lost.  By placing your brand’s social plugins into ad creatives, audience engagement increases, and their own social feed will remind them about your brand and content, as well as spread it to their own social connections.


Lifetime Trackability – With the newly democratized availability of audience targeting techniques, specifically retargeting, advertisers can now better track the total interaction between their brand and its social audience.  By segmenting your brand’s social audience, retargeting allows you to track the total amount of dollars spent by your socially acquired customers over any amount of time! In some specific examples, the Facebook fans of one particular college are 233% more active with the college’s online marketing media than its Website’s general visitors, while the Facebook fans of an up-and-coming house DJ were 367% more active with the artist’s promotional ads when compared to the visitors of his official Myspace page and fan blog.


By combining social media with display buying, small and big advertisers alike are able to attract social followers from more places than ever, and are finally able to track the results and valuate their efforts.  While both mediums have their own unique strengths and weaknesses, converging the two will create value that can’t be matched by each medium acting alone.


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Tuesday, January 4, 2011

bank foreclosure




Bankers. The red carpet's still being rolled out for them in Washington, but if there's a stain on it they'll pout for days. Jason Linkins documents the latest set of cheap white whines from very wealthy white men. (Discrimination lawsuits are a routine part of their legal troubles, too.) This time they're upset because nobody from the six largest banks in America was invited to the President's CEO Roundtable.


They're offended because they didn't meet with the President? From the looks of things they're lucky not to be meeting with the warden. Their collective rap sheet includes fraud, sex discrimination, collusion to bribe public officials ... even laundering drug money for Mexican drug cartels. One bank's even accused of ripping off some nuns! None of this criminal behavior has stopped them from sulking over a Presidential slight. Let's review the record for these corporate malefactors, and then decide:


Which of these six banks was "America's Most Shameless Corporate Outlaw" in 2010? (I mean, really: Nuns?)


#1. Bank of America


Here are some recent headlines for the country's largest bank:



  • "Bank of America Ends Year With Flurry of Lawsuits"

  • "Arizona Wants Bank of America Held in Contempt"

  • "Nevada, Arizona sue Bank of America over failed mortgage aid"

  • "Allstate Sues Bank Of America For Selling 'Toxic' MBS"

  • "Bank of America Hit With Missouri Class Action Over Loan Modifications"


Here are some of the details:


Associated Press: "Attorneys general in Arizona and Nevada filed civil lawsuits Friday against Bank of America Corp., alleging that the lender is misleading and deceiving homeowners who have tried to modify mortgages in two of the nation's most foreclosure-damaged states."


Courthouse News Service: "Bank of America violated a consent judgment it signed almost 2 years ago to provide loan modifications and help relocate borrowers, the Arizona attorney general claims ... Bank of America has continued to misrepresent 'to Arizona consumers whether they were eligible for modifications of their mortgage loans, when Bank of America would make a decision on their modification requests ... and whether and when Bank of America would foreclose upon their homes.'"


Consumer Affairs: "The bank is also facing at least three suits claiming that it reneged on duties it undertook by accepting $25 billion under the Troubled Asset Relief Program (TARP)."


In total, Bank of America's last annual report lists 29 pending lawsuits against the company. Lawsuits are not proof of guilt, of course. But the bank has already paid a fine for illegally concealing $6 billion in payouts to employees, and another fine for concealing major losses at its Merrill Lynch subsidiary. (Both fines were low - not much more than a slap on the wrist - because Bank of America was on taxpayer-funded life support at the time.) BofA also confessed to committing fraud as part of a settlement this month, which the Justice Department noted was restitution "for its participation in a conspiracy to rig bids in the municipal bond derivatives market." The Bank was also ordered to pay Lehman $590 million for illegally seizing its deposits, in violation of bankruptcy law.


From the Associated Press:


"A document obtained last week by the Associated Press showed a Bank of America official acknowledging in a legal proceeding that she signed thousands of foreclosure documents a month and typically didn't read them. The official, Renee Hertzler, said in a February deposition that she signed 7,000 to 8,000 foreclosure documents a month."


How generous has the taxpayer been to Bank of America? There was the TARP money, of course. And BofA, like other banks, has been suckling at the teat of Federal Reserve's discount money window throughout the crisis. And, as Zach Carter noted, the bank was also one of two institutions that were the main beneficiaries of a special Fed program called the Primary Reserve Credit Facility. There were those cushy settlements with the SEC.


BofA stock was trading at $53 at the end of 2006. As of this writing the stock is trading for $13.30. But its executives have been wasting corporate money and resources buying up 419 web URLs with insulting phrases and the names of their senior executives - most of whom nobody's ever heard of - to protect their personal reputations. No company's ever done that before. Bob Scully "blows" (bobscullyblows.com) and Bill Boardman "sucks" (billboardmansucks.com)? Who knew?


Last year two senior executives received $9.9 million and two others received $6 million in total compensation. The guy who robbed a Bank of America branch in West Palm Beach is going to prison. The bank's senior executives are hurt that they didn't get invited to the Rose Garden for tea.


Rap Sheet: BofA has probably committed more foreclosure offenses than any other single institution. It deceived stockholders, and the public, about the $6 million in bonuses it paid out (during the rescue process), and was equally deceptive about Merrill Lynch's financial status. It has also been punished for rigging municipal bond derivative bids.


Shameless Quotes: CEO Brian Moynihan's response toward demands that his bank comply with HAMP's legal requirements? "Sure," he sneered," we'll go back and check our homework again." And he says he won't accept anything but "constructive criticism." Which sounds more constructive: "suck" or "blow"?


#2. JPMorgan Chase


As we learned recently, JPMorgan Chase CEO Jamie Dimon doesn't feel loved or admired enough. Small wonder. It looks like he's running a pretty sleazy operation:


"At JPMorgan Chase & Company, they were derided as 'Burger King kids' -- walk-in hires who were so inexperienced they barely knew what a mortgage was ... revelations that mortgage servicers failed to accurately document the seizure and sale of tens of thousands of homes have caused a public uproar ..."


Failure to accurately document home foreclosures is illegal. It's lousy management, too. Dimon oversaw a sloppy operation that's going to cost his shareholders a lot of money: "JPMorgan set aside $2.3 billion of reserves to cover mortgage repurchases or litigation expenses, including some for 'mortgage-related matters,' the lender said."


A whistleblower complaint alleges that the bank "sold to third party debt buyers hundreds of millions of dollars worth of credit card accounts. . .when in fact Chase Bank executives knew that many of those accounts had incorrect and overstated balances." According to the complaint, "Chase Bank executives routinely destroyed information and communications from consumers rather than incorporate that information into the consumer's credit card file ... and mass-executed thousands of affidavits in support of Chase Banks collection efforts ... (but) did not have personal knowledge of the facts set forth in the affidavits." It also claims that "when senior Chase Bank executives were made aware of these systemic problems, senior Chase Bank executives -- rather than remedy the problems -- immediately fired the whistleblower and attempted to cover up these problems."


There are also multiple lawsuits against Chase for allegedly manipulating the price of silver, and there is at least one report that the bank is being probed by several Federal agencies (including the Justice Department) over its trading activities in precious metals.


JPMorgan Chase "agreed to pay $25 million to settle allegations it sold unregistered securities, many of which defaulted, to the state of Florida," as the Orlando Sentinel reported. That's a crime. Chase was also one of several banks that paid to settle charges that it illegally propped up a failed mortgage lender. (These settlements have typically allowed the banks to "admit no wrongdoing" - a practice which should be stopped. Crimes are crimes.)


JPMorgan Chase's behavior in Jefferson County, Alabama was pure Huey Long material. The Kingfish would've admired the way the bank spread more than $8 million around the county through local intermediaries so it could secure highly lucrative deals on municipal derivatives. As Bloomberg News put it, " JPMorgan, the second-largest U.S. bank by assets, used fees on the unregulated derivative contracts -- and a trip to a New York spa for one elected official -- to curry political favor, a decade after the SEC adopted rules to drive out pay-to-play from the $2.8 trillion municipal bond market."


The bank conducted this criminal behavior under Dimon's watch. And while it "neither admitted nor denied wrongdoing," as usual, it had to pay a three-quarters-of-a-billion dollar settlement to wrangle its way out of this snakepit of illegality.


Rap Sheet: Corruption in Alabama; widespread violation of foreclosure laws; sale of unregistered securities. Also under investigation for illegal manipulation of the precious metals market; mishandling of Madoff funds; deliberate lawbreaking in credit card processing, concealment of criminality.


Shameless quotes: "Judy Dimon says the crisis took a toll on him. He used to stand up to bullies who threatened his smaller twin; now he felt as if he, and bankers in general, were being bullied." (from a New York Times profile of Dimon)


3. Citigroup



Citi's being sued for gender discrimination by its own employees. Citi settled a class action lawsuit after illegally raising rates for credit card customers. The bank's being sued by an independent trustee for allegedly "aiding and abetting" a Ponzi schemer.


Citi executives were given slap-on-the-wrist fines for lying to investors about $40 billion in subprime exposures, which is a criminal act. It should also be remembered that Citigroup paid $2.65 billion in 2004 to settle class action lawsuits over its alleged illegal actions in propping up WorldCom stocks in return for enormous fees.


As Citi's annual report notes, "Citigroup and Related Parties have been named as defendants in numerous legal actions and other proceedings asserting claims for damages and related relief for losses arising from the global financial credit and subprime-mortgage crisis that began in 2007."


Citi is still being investigated by Italian courts for possible criminal behavior in the Parmalat case, and it's being sued by a Norwegian bank for misrepresenting its financial condition and failing to disclose material information. It's being sued by investors for misrepresenting its underwriting of mortgage backed securities.


Rap Sheet: Violation of SEC law regarding corporate disclosures; illegal rate activity toward credit card customers. Under investigation for aiding and abetting a Ponzi scheme.


Shameless quotes: "Almost all of us ... missed the powerful combination of forces at work and the serious possibility of a massive crisis." (Robert Rubin) "On November 3, 2007, I sent an email to Mr. Robert Rubin and three other members of Corporate Management. In this email I outlined the business practices that I had witnessed ... I specifically warned about the extreme risks that existed within the Consumer Lending Group." (Former Citi exec Richard Bowen)


4. Wells Fargo


They illegally laundered drug money for the Mexican cartels - and nobody went to jail.


Here's a suggestion: Read stories "War Torn Mexico: A Population in Terror," which begins: "Massacres, beheadings, YouTube videos featuring cartel torture sessions and even car bombs are becoming commonplace in Juarez." Study the statistics on the violent murders - which include Federal agents, children, and "penniless immigrants" - and then remind yourself: These are Wells Fargo's business partners.


Rap Sheet: Mexican drug cartels. It makes the brain reel, doesn't it?


Shameless quotes:"We're more of a Main Street bank than a Wall Street bank." ""Of all the decisions I've had to make, few have been as difficult as cutting the dividend." (Wells Fargo CEO John Stumpf)


5. Goldman Sachs


The SEC charged Goldman with fraud, and they settled the suit by admitting their marketing materials contained lies - which they called "mistakes." They were fined by Great Britain for illegally concealing US fraud investigations. Goldman has its own gender discrimination lawsuit, too, and theirs comes complete with strippers and racist emails.


Goldman's being sued for deceiving its clients over an offering its own employee privately (and thanks to Sen. Levin, famously) bragged was "a shitty deal." Goldman separately paid $60 million in Massachusetts to settle charges of predatory loan practices.


After mismanagement drove Goldman into impending doom, the firm was saved by TARP funds and Federal Reserve's Emergency Liquidity Programs. Total taxpayer aid to Goldman exceeded three-quarters of a trillion dollars. Goldman also received $13 billion in backdoor payouts through the AIG liquidation (under Tim Geithner's supervision).


Rap Sheet: Fraudulent misrepresentation; predatory loan practices; illegal concealment of an investigation. And who know what else. They're Goldman, man!


Shameless Quotes: ""We're very important ... We do God's work." (Goldman CEO Lloyd Blankfein) "If I whet My glittering sword, and Mine hand take hold on judgment; I will render vengeance to Mine enemies." (God)


6. Morgan Stanley


Earlier this year the Wall Street Journal reported that "U.S. prosecutors are investigating whether Morgan Stanley misled investors about mortgage-derivatives deals it helped design and sometimes bet against." The firm's also being sued by US Bank for fraudulently misleading it and other investors over a structured residential investment called "Tourmaline." A group of investors in Singapore is suing the firm for designing CDOs to fail and then selling them as "conservative investments."


The Financial Industry Regulatory Authority fined Morgan Stanley this year for failing to disclose material conflicts of interest to investors. The same agency hit the firm with a $12.5 million fine in 2007 for illegally concealing emails during customer arbitration hearings. In a particularly sleazy move, Morgan Stanley claimed that the emails had been lost on 9/11, when they were all safely stored in backup copies elsewhere.


MS was also sued by the EEOC for gender discrimination.


The firm was able to beat back an investors' lawsuit over bloated executive pay - it set aside 62% of net revenue for employee compensation - so its executives get to keep fat bonuses for driving the company into the ground. Greed and stupidity aren't illegal, after all.


On the other hand, their portfolio of lawsuits including one that says they defrauded nuns in Europe.


Rap Sheet: Despite numerous violations and charges, Morgan Stanley is a relatively minor player compared to its bigger colleagues. On the other hand, it illegally concealed evidence from arbitrators by using the World Trade Center attack as an excuse, and six of its own employees died in that attack. That's just vile. On top of that, they're being sued by nuns.


Shameless Quotes: "When we think back on 2001, we are filled with deep sorrow and outrage over the events of September 11. Who among us will ever forget the shock and horror of that day?" (Morgan Stanley Annual Report, 2001) "When you come that close to really going out of business, call it near death, death experience, the end of the line, whatever you want to call it, your only focus is to make sure your company survives." (former CEO John Mack)

__________________


The American people rescued these six banks. (Dimon says his bank didn't need rescuing, but how would it have fared in a collapsed economy? And the government's willingness to go easy in its illegalities was pretty helpful, too.) They've all violated the law, and they're all suspected of even more possible illegalities. And yet they're all pouting because they weren't invited to the White House along with the other CEOs.


Which is our most shameless corporate lawbreaker? In any normal period of history they'd all be considered corrupt institutions, and their leaders would be ashamed to show their faces among respectable people. But these aren't normal times, are they?


Frankly I'm stumped. They all deserve the title as far as I'm concerned.


__________________________________


This post was produced as part of the Curbing Wall Street project.


Ash was in the middle of working out a loan modification when this happened. “This is in essence a burglary,” Ash remarked. The bank took her late husband’s ashes.


But it doesn't look like there's going to be any concerted effort to fix any of these problems -- if the Fed has its way anyway:
Top policymakers at the Federal Reserve are fighting efforts to rein in widely reported bank abuses, sparking an inter-agency feud with the FDIC and the Treasury Department. The Fed, along with the more bank-friendly Office of the Comptroller of the Currency, is resisting moves to craft rules cracking down on banks that charge illegal fees and carry out improper foreclosures. The FDIC supports such rules, according to an FDIC official involved in the dispute.

The new regulations would rein in debt collection, loan modification and foreclosure proceedings at bank divisions called "mortgage servicers." Servicers have committed widespread fraud in the foreclosure process. While the recent robo-signing of fraudulent documents has received the most attention, consumer advocates have complained about improper fees and servicer mistakes that lead to foreclosure for years.

"Given that we've seen a massive failure in servicing practices and a massive failure to address servicing in an honest way, I think this is important," says Joshua Rosner, a managing director at Graham Fisher & Co., and longtime critic of the U.S. mortgage system.

Last week, the National Consumer Law Center and the National Association of Consumer Advocates published a survey of 96 foreclosure attorneys from around the country, attesting that servicers have pushed 2,500 of their clients into the foreclosure process, even as the borrowers were negotiating loan modifications with the same servicers.

The Fed is run by bankers, after all ...

I think this story tells itself. But if you haven't been following the details I highly recommend dday's coverage on this over the past few months if you want to catch up. It's an astonishing story.

Meanwhile, the wonks at Naked Capitalism have put together a petition to ask the regulators to do their jobs.

As readers may know, the banking industry is trying to prevent the FDIC from moving forward with its proposed reforms on securitizations and is also attacking related SEC reforms, namely amendments to Rule A/B.

To further the effort to curb servicer abuses, please visit the website, StopServicerScams, and sign the petition. As we have written, and as experts and foreclosure defense lawyers have reported in Congressional testimony, and as pending lawsuits by attorneys general in Arizona and Nevada allege, servicer abuses are a significant cause of foreclosures. These include including delaying and misapplying payments, using false hopes of pending mods to extract more payments from consumers, and applying compounding junk fees.

We will submit the signed petition in early January. Thanks for your support in this important effort.


.





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Social news site Reddit posted year-end numbers this afternoon including January and December page view stats that climbed from 250 million pageviews to more than 3X that number, ...

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robert shumake



Bankers. The red carpet's still being rolled out for them in Washington, but if there's a stain on it they'll pout for days. Jason Linkins documents the latest set of cheap white whines from very wealthy white men. (Discrimination lawsuits are a routine part of their legal troubles, too.) This time they're upset because nobody from the six largest banks in America was invited to the President's CEO Roundtable.


They're offended because they didn't meet with the President? From the looks of things they're lucky not to be meeting with the warden. Their collective rap sheet includes fraud, sex discrimination, collusion to bribe public officials ... even laundering drug money for Mexican drug cartels. One bank's even accused of ripping off some nuns! None of this criminal behavior has stopped them from sulking over a Presidential slight. Let's review the record for these corporate malefactors, and then decide:


Which of these six banks was "America's Most Shameless Corporate Outlaw" in 2010? (I mean, really: Nuns?)


#1. Bank of America


Here are some recent headlines for the country's largest bank:



  • "Bank of America Ends Year With Flurry of Lawsuits"

  • "Arizona Wants Bank of America Held in Contempt"

  • "Nevada, Arizona sue Bank of America over failed mortgage aid"

  • "Allstate Sues Bank Of America For Selling 'Toxic' MBS"

  • "Bank of America Hit With Missouri Class Action Over Loan Modifications"


Here are some of the details:


Associated Press: "Attorneys general in Arizona and Nevada filed civil lawsuits Friday against Bank of America Corp., alleging that the lender is misleading and deceiving homeowners who have tried to modify mortgages in two of the nation's most foreclosure-damaged states."


Courthouse News Service: "Bank of America violated a consent judgment it signed almost 2 years ago to provide loan modifications and help relocate borrowers, the Arizona attorney general claims ... Bank of America has continued to misrepresent 'to Arizona consumers whether they were eligible for modifications of their mortgage loans, when Bank of America would make a decision on their modification requests ... and whether and when Bank of America would foreclose upon their homes.'"


Consumer Affairs: "The bank is also facing at least three suits claiming that it reneged on duties it undertook by accepting $25 billion under the Troubled Asset Relief Program (TARP)."


In total, Bank of America's last annual report lists 29 pending lawsuits against the company. Lawsuits are not proof of guilt, of course. But the bank has already paid a fine for illegally concealing $6 billion in payouts to employees, and another fine for concealing major losses at its Merrill Lynch subsidiary. (Both fines were low - not much more than a slap on the wrist - because Bank of America was on taxpayer-funded life support at the time.) BofA also confessed to committing fraud as part of a settlement this month, which the Justice Department noted was restitution "for its participation in a conspiracy to rig bids in the municipal bond derivatives market." The Bank was also ordered to pay Lehman $590 million for illegally seizing its deposits, in violation of bankruptcy law.


From the Associated Press:


"A document obtained last week by the Associated Press showed a Bank of America official acknowledging in a legal proceeding that she signed thousands of foreclosure documents a month and typically didn't read them. The official, Renee Hertzler, said in a February deposition that she signed 7,000 to 8,000 foreclosure documents a month."


How generous has the taxpayer been to Bank of America? There was the TARP money, of course. And BofA, like other banks, has been suckling at the teat of Federal Reserve's discount money window throughout the crisis. And, as Zach Carter noted, the bank was also one of two institutions that were the main beneficiaries of a special Fed program called the Primary Reserve Credit Facility. There were those cushy settlements with the SEC.


BofA stock was trading at $53 at the end of 2006. As of this writing the stock is trading for $13.30. But its executives have been wasting corporate money and resources buying up 419 web URLs with insulting phrases and the names of their senior executives - most of whom nobody's ever heard of - to protect their personal reputations. No company's ever done that before. Bob Scully "blows" (bobscullyblows.com) and Bill Boardman "sucks" (billboardmansucks.com)? Who knew?


Last year two senior executives received $9.9 million and two others received $6 million in total compensation. The guy who robbed a Bank of America branch in West Palm Beach is going to prison. The bank's senior executives are hurt that they didn't get invited to the Rose Garden for tea.


Rap Sheet: BofA has probably committed more foreclosure offenses than any other single institution. It deceived stockholders, and the public, about the $6 million in bonuses it paid out (during the rescue process), and was equally deceptive about Merrill Lynch's financial status. It has also been punished for rigging municipal bond derivative bids.


Shameless Quotes: CEO Brian Moynihan's response toward demands that his bank comply with HAMP's legal requirements? "Sure," he sneered," we'll go back and check our homework again." And he says he won't accept anything but "constructive criticism." Which sounds more constructive: "suck" or "blow"?


#2. JPMorgan Chase


As we learned recently, JPMorgan Chase CEO Jamie Dimon doesn't feel loved or admired enough. Small wonder. It looks like he's running a pretty sleazy operation:


"At JPMorgan Chase & Company, they were derided as 'Burger King kids' -- walk-in hires who were so inexperienced they barely knew what a mortgage was ... revelations that mortgage servicers failed to accurately document the seizure and sale of tens of thousands of homes have caused a public uproar ..."


Failure to accurately document home foreclosures is illegal. It's lousy management, too. Dimon oversaw a sloppy operation that's going to cost his shareholders a lot of money: "JPMorgan set aside $2.3 billion of reserves to cover mortgage repurchases or litigation expenses, including some for 'mortgage-related matters,' the lender said."


A whistleblower complaint alleges that the bank "sold to third party debt buyers hundreds of millions of dollars worth of credit card accounts. . .when in fact Chase Bank executives knew that many of those accounts had incorrect and overstated balances." According to the complaint, "Chase Bank executives routinely destroyed information and communications from consumers rather than incorporate that information into the consumer's credit card file ... and mass-executed thousands of affidavits in support of Chase Banks collection efforts ... (but) did not have personal knowledge of the facts set forth in the affidavits." It also claims that "when senior Chase Bank executives were made aware of these systemic problems, senior Chase Bank executives -- rather than remedy the problems -- immediately fired the whistleblower and attempted to cover up these problems."


There are also multiple lawsuits against Chase for allegedly manipulating the price of silver, and there is at least one report that the bank is being probed by several Federal agencies (including the Justice Department) over its trading activities in precious metals.


JPMorgan Chase "agreed to pay $25 million to settle allegations it sold unregistered securities, many of which defaulted, to the state of Florida," as the Orlando Sentinel reported. That's a crime. Chase was also one of several banks that paid to settle charges that it illegally propped up a failed mortgage lender. (These settlements have typically allowed the banks to "admit no wrongdoing" - a practice which should be stopped. Crimes are crimes.)


JPMorgan Chase's behavior in Jefferson County, Alabama was pure Huey Long material. The Kingfish would've admired the way the bank spread more than $8 million around the county through local intermediaries so it could secure highly lucrative deals on municipal derivatives. As Bloomberg News put it, " JPMorgan, the second-largest U.S. bank by assets, used fees on the unregulated derivative contracts -- and a trip to a New York spa for one elected official -- to curry political favor, a decade after the SEC adopted rules to drive out pay-to-play from the $2.8 trillion municipal bond market."


The bank conducted this criminal behavior under Dimon's watch. And while it "neither admitted nor denied wrongdoing," as usual, it had to pay a three-quarters-of-a-billion dollar settlement to wrangle its way out of this snakepit of illegality.


Rap Sheet: Corruption in Alabama; widespread violation of foreclosure laws; sale of unregistered securities. Also under investigation for illegal manipulation of the precious metals market; mishandling of Madoff funds; deliberate lawbreaking in credit card processing, concealment of criminality.


Shameless quotes: "Judy Dimon says the crisis took a toll on him. He used to stand up to bullies who threatened his smaller twin; now he felt as if he, and bankers in general, were being bullied." (from a New York Times profile of Dimon)


3. Citigroup



Citi's being sued for gender discrimination by its own employees. Citi settled a class action lawsuit after illegally raising rates for credit card customers. The bank's being sued by an independent trustee for allegedly "aiding and abetting" a Ponzi schemer.


Citi executives were given slap-on-the-wrist fines for lying to investors about $40 billion in subprime exposures, which is a criminal act. It should also be remembered that Citigroup paid $2.65 billion in 2004 to settle class action lawsuits over its alleged illegal actions in propping up WorldCom stocks in return for enormous fees.


As Citi's annual report notes, "Citigroup and Related Parties have been named as defendants in numerous legal actions and other proceedings asserting claims for damages and related relief for losses arising from the global financial credit and subprime-mortgage crisis that began in 2007."


Citi is still being investigated by Italian courts for possible criminal behavior in the Parmalat case, and it's being sued by a Norwegian bank for misrepresenting its financial condition and failing to disclose material information. It's being sued by investors for misrepresenting its underwriting of mortgage backed securities.


Rap Sheet: Violation of SEC law regarding corporate disclosures; illegal rate activity toward credit card customers. Under investigation for aiding and abetting a Ponzi scheme.


Shameless quotes: "Almost all of us ... missed the powerful combination of forces at work and the serious possibility of a massive crisis." (Robert Rubin) "On November 3, 2007, I sent an email to Mr. Robert Rubin and three other members of Corporate Management. In this email I outlined the business practices that I had witnessed ... I specifically warned about the extreme risks that existed within the Consumer Lending Group." (Former Citi exec Richard Bowen)


4. Wells Fargo


They illegally laundered drug money for the Mexican cartels - and nobody went to jail.


Here's a suggestion: Read stories "War Torn Mexico: A Population in Terror," which begins: "Massacres, beheadings, YouTube videos featuring cartel torture sessions and even car bombs are becoming commonplace in Juarez." Study the statistics on the violent murders - which include Federal agents, children, and "penniless immigrants" - and then remind yourself: These are Wells Fargo's business partners.


Rap Sheet: Mexican drug cartels. It makes the brain reel, doesn't it?


Shameless quotes:"We're more of a Main Street bank than a Wall Street bank." ""Of all the decisions I've had to make, few have been as difficult as cutting the dividend." (Wells Fargo CEO John Stumpf)


5. Goldman Sachs


The SEC charged Goldman with fraud, and they settled the suit by admitting their marketing materials contained lies - which they called "mistakes." They were fined by Great Britain for illegally concealing US fraud investigations. Goldman has its own gender discrimination lawsuit, too, and theirs comes complete with strippers and racist emails.


Goldman's being sued for deceiving its clients over an offering its own employee privately (and thanks to Sen. Levin, famously) bragged was "a shitty deal." Goldman separately paid $60 million in Massachusetts to settle charges of predatory loan practices.


After mismanagement drove Goldman into impending doom, the firm was saved by TARP funds and Federal Reserve's Emergency Liquidity Programs. Total taxpayer aid to Goldman exceeded three-quarters of a trillion dollars. Goldman also received $13 billion in backdoor payouts through the AIG liquidation (under Tim Geithner's supervision).


Rap Sheet: Fraudulent misrepresentation; predatory loan practices; illegal concealment of an investigation. And who know what else. They're Goldman, man!


Shameless Quotes: ""We're very important ... We do God's work." (Goldman CEO Lloyd Blankfein) "If I whet My glittering sword, and Mine hand take hold on judgment; I will render vengeance to Mine enemies." (God)


6. Morgan Stanley


Earlier this year the Wall Street Journal reported that "U.S. prosecutors are investigating whether Morgan Stanley misled investors about mortgage-derivatives deals it helped design and sometimes bet against." The firm's also being sued by US Bank for fraudulently misleading it and other investors over a structured residential investment called "Tourmaline." A group of investors in Singapore is suing the firm for designing CDOs to fail and then selling them as "conservative investments."


The Financial Industry Regulatory Authority fined Morgan Stanley this year for failing to disclose material conflicts of interest to investors. The same agency hit the firm with a $12.5 million fine in 2007 for illegally concealing emails during customer arbitration hearings. In a particularly sleazy move, Morgan Stanley claimed that the emails had been lost on 9/11, when they were all safely stored in backup copies elsewhere.


MS was also sued by the EEOC for gender discrimination.


The firm was able to beat back an investors' lawsuit over bloated executive pay - it set aside 62% of net revenue for employee compensation - so its executives get to keep fat bonuses for driving the company into the ground. Greed and stupidity aren't illegal, after all.


On the other hand, their portfolio of lawsuits including one that says they defrauded nuns in Europe.


Rap Sheet: Despite numerous violations and charges, Morgan Stanley is a relatively minor player compared to its bigger colleagues. On the other hand, it illegally concealed evidence from arbitrators by using the World Trade Center attack as an excuse, and six of its own employees died in that attack. That's just vile. On top of that, they're being sued by nuns.


Shameless Quotes: "When we think back on 2001, we are filled with deep sorrow and outrage over the events of September 11. Who among us will ever forget the shock and horror of that day?" (Morgan Stanley Annual Report, 2001) "When you come that close to really going out of business, call it near death, death experience, the end of the line, whatever you want to call it, your only focus is to make sure your company survives." (former CEO John Mack)

__________________


The American people rescued these six banks. (Dimon says his bank didn't need rescuing, but how would it have fared in a collapsed economy? And the government's willingness to go easy in its illegalities was pretty helpful, too.) They've all violated the law, and they're all suspected of even more possible illegalities. And yet they're all pouting because they weren't invited to the White House along with the other CEOs.


Which is our most shameless corporate lawbreaker? In any normal period of history they'd all be considered corrupt institutions, and their leaders would be ashamed to show their faces among respectable people. But these aren't normal times, are they?


Frankly I'm stumped. They all deserve the title as far as I'm concerned.


__________________________________


This post was produced as part of the Curbing Wall Street project.


Ash was in the middle of working out a loan modification when this happened. “This is in essence a burglary,” Ash remarked. The bank took her late husband’s ashes.


But it doesn't look like there's going to be any concerted effort to fix any of these problems -- if the Fed has its way anyway:
Top policymakers at the Federal Reserve are fighting efforts to rein in widely reported bank abuses, sparking an inter-agency feud with the FDIC and the Treasury Department. The Fed, along with the more bank-friendly Office of the Comptroller of the Currency, is resisting moves to craft rules cracking down on banks that charge illegal fees and carry out improper foreclosures. The FDIC supports such rules, according to an FDIC official involved in the dispute.

The new regulations would rein in debt collection, loan modification and foreclosure proceedings at bank divisions called "mortgage servicers." Servicers have committed widespread fraud in the foreclosure process. While the recent robo-signing of fraudulent documents has received the most attention, consumer advocates have complained about improper fees and servicer mistakes that lead to foreclosure for years.

"Given that we've seen a massive failure in servicing practices and a massive failure to address servicing in an honest way, I think this is important," says Joshua Rosner, a managing director at Graham Fisher & Co., and longtime critic of the U.S. mortgage system.

Last week, the National Consumer Law Center and the National Association of Consumer Advocates published a survey of 96 foreclosure attorneys from around the country, attesting that servicers have pushed 2,500 of their clients into the foreclosure process, even as the borrowers were negotiating loan modifications with the same servicers.

The Fed is run by bankers, after all ...

I think this story tells itself. But if you haven't been following the details I highly recommend dday's coverage on this over the past few months if you want to catch up. It's an astonishing story.

Meanwhile, the wonks at Naked Capitalism have put together a petition to ask the regulators to do their jobs.

As readers may know, the banking industry is trying to prevent the FDIC from moving forward with its proposed reforms on securitizations and is also attacking related SEC reforms, namely amendments to Rule A/B.

To further the effort to curb servicer abuses, please visit the website, StopServicerScams, and sign the petition. As we have written, and as experts and foreclosure defense lawyers have reported in Congressional testimony, and as pending lawsuits by attorneys general in Arizona and Nevada allege, servicer abuses are a significant cause of foreclosures. These include including delaying and misapplying payments, using false hopes of pending mods to extract more payments from consumers, and applying compounding junk fees.

We will submit the signed petition in early January. Thanks for your support in this important effort.


.





Annual Holiday Fundraiser going on right now. If you can help support the blog, I appreciate it. Cheers!




|







robert shumake

Charlotte Foreclosures North Carolina, 4 Bd, 2.5 Ba, $ 174,900.00 : ForeclosureDataBank.com by ForeclosureDataBank


robert shumake

Social <b>News</b> Site Reddit Reports 200%+ Growth in 2010

Social news site Reddit posted year-end numbers this afternoon including January and December page view stats that climbed from 250 million pageviews to more than 3X that number, ...

New Edition of Huckleberry Finn to Drop N-Word: Instant Reactions

Auburn University professor Alan Gribben, along with NewSouth Books, plans to release a newly edited edition of the Mark Twain classic, with every instance of the N-word replaced with the word.

Mike Max&#39;s <b>News</b> And Notes « CBS Minnesota – <b>News</b>, Sports, Weather <b>...</b>

In this week's News and Notes, a celebrity spotting at a Timberwolves game and what's ahead for the Vikes during their off season.


robert shumake

Social <b>News</b> Site Reddit Reports 200%+ Growth in 2010

Social news site Reddit posted year-end numbers this afternoon including January and December page view stats that climbed from 250 million pageviews to more than 3X that number, ...

New Edition of Huckleberry Finn to Drop N-Word: Instant Reactions

Auburn University professor Alan Gribben, along with NewSouth Books, plans to release a newly edited edition of the Mark Twain classic, with every instance of the N-word replaced with the word.

Mike Max&#39;s <b>News</b> And Notes « CBS Minnesota – <b>News</b>, Sports, Weather <b>...</b>

In this week's News and Notes, a celebrity spotting at a Timberwolves game and what's ahead for the Vikes during their off season.


robert shumake detroit

If you are facing foreclosure, chances are you're a nervous wreck. After all, the possibility of losing your home is scary. However, all is not lost until a judge slams his gavel on the bench and claims your house to be foreclosed.

In order to stop foreclosure, the first thing you need to do is stop avoiding the process. When people fall behind on their mortgage payments, more often than not they quickly turn to avoidance. Foreclosure affects people mentally and emotionally. It stirs up thoughts and feelings that can create immobilizing fear; paralyzing the mind and halting the ability to become proactive.

While it might seem a daunting task, if you want to stop foreclosure, you must contact your lender. Typically, you will be assigned to a Loss Mitigator who will work with you and help determine which plan of action is best suited for you. If your lender does not have a Loss Mitigation Department, or if you are uncomfortable working with the Loss Mitigator assigned to your case, you can hire a private loss mitigator to assist you.

If you have the ability to pay the past due balance, the lender may simply reinstate your loan. More often than not, you will be questioned about what caused you to fall behind on your payments. Your lender might offer credit counseling classes or provide resources to help you better plan for the future. Chances are you will be charged late fees and accrued interest on the past due balance.

If you are unable pay past due mortgage payments your lender may offer the option of a Forbearance Agreement. This agreement might transfer the past due balance to the end of the loan or temporarily reduce or suspend payments. You will be in a better position to negotiate if you are able to offer a portion of the past due amount. However, if you don't have any cash, do not allow it stop you from asking for a Forbearance Agreement.

If you are able to show a good faith effort, lenders will be more willing to work with you. Devise a repayment plan and provide proof of your income and expenses. Make certain the plan is one you can realistically live with and do whatever it takes to stick to it. If you fail to make timely payments, your lender won't be as willing to give you a second chance.

Another way to stop foreclosure is to sell your home. This option is best for individuals who have equity in their property. It can be challenging to locate a real estate agent willing to list homes without equity. Reason being when a realtor sells your home, you have to pay them a commission fee. If you don't have any equity, there is no cash to cover the realtor's commission.

If you aren't able to find a realtor, you can attempt to sell your home on your own. This can be tricky and cost you a fortune if you don't know what you are doing. If you decide to go this route take time to educate yourself about the process. Conduct research online, at the library, or attend real estate seminars. Arm yourself with knowledge or you could end up in worse shape than you are right now.

When you place a "For Sale by Owner" sign in your front yard, be prepared to be contacted by companies offering to buy your home. The majority of these unsolicited offers are scams and should be tossed in the trash. When these people contact you it's crucial that you be extremely skeptical. While there are legitimate home buying businesses and private real estate investors that will purchase your home, many are only out to pull the wool over your eyes and leave you holding the bag.

A third option to stop the foreclosure process is referred to as a Deed in Lieu of Foreclosure. This process allows you to give your house back to the lender. You voluntarily leave the home and the bank sells it through public auction.

A Deed in Lieu of Foreclosure does not protect your credit, but it does allow you to walk away from the home and the mortgage payment. However, if there are any liens against the home, you are still obligated to pay them.

Last, but not least, you might be forced into bankruptcy to stop foreclosure. Recent changes in bankruptcy laws have made it more difficult and expensive to file. There are several types of bankruptcy chapters, so it's best to hire a bankruptcy attorney to help you determine which chapter is best for you.



robert shumake

Social <b>News</b> Site Reddit Reports 200%+ Growth in 2010

Social news site Reddit posted year-end numbers this afternoon including January and December page view stats that climbed from 250 million pageviews to more than 3X that number, ...

New Edition of Huckleberry Finn to Drop N-Word: Instant Reactions

Auburn University professor Alan Gribben, along with NewSouth Books, plans to release a newly edited edition of the Mark Twain classic, with every instance of the N-word replaced with the word.

Mike Max&#39;s <b>News</b> And Notes « CBS Minnesota – <b>News</b>, Sports, Weather <b>...</b>

In this week's News and Notes, a celebrity spotting at a Timberwolves game and what's ahead for the Vikes during their off season.


robert shumake detroit

Charlotte Foreclosures North Carolina, 4 Bd, 2.5 Ba, $ 174,900.00 : ForeclosureDataBank.com by ForeclosureDataBank


robert shumake detroit



Bankers. The red carpet's still being rolled out for them in Washington, but if there's a stain on it they'll pout for days. Jason Linkins documents the latest set of cheap white whines from very wealthy white men. (Discrimination lawsuits are a routine part of their legal troubles, too.) This time they're upset because nobody from the six largest banks in America was invited to the President's CEO Roundtable.


They're offended because they didn't meet with the President? From the looks of things they're lucky not to be meeting with the warden. Their collective rap sheet includes fraud, sex discrimination, collusion to bribe public officials ... even laundering drug money for Mexican drug cartels. One bank's even accused of ripping off some nuns! None of this criminal behavior has stopped them from sulking over a Presidential slight. Let's review the record for these corporate malefactors, and then decide:


Which of these six banks was "America's Most Shameless Corporate Outlaw" in 2010? (I mean, really: Nuns?)


#1. Bank of America


Here are some recent headlines for the country's largest bank:



  • "Bank of America Ends Year With Flurry of Lawsuits"

  • "Arizona Wants Bank of America Held in Contempt"

  • "Nevada, Arizona sue Bank of America over failed mortgage aid"

  • "Allstate Sues Bank Of America For Selling 'Toxic' MBS"

  • "Bank of America Hit With Missouri Class Action Over Loan Modifications"


Here are some of the details:


Associated Press: "Attorneys general in Arizona and Nevada filed civil lawsuits Friday against Bank of America Corp., alleging that the lender is misleading and deceiving homeowners who have tried to modify mortgages in two of the nation's most foreclosure-damaged states."


Courthouse News Service: "Bank of America violated a consent judgment it signed almost 2 years ago to provide loan modifications and help relocate borrowers, the Arizona attorney general claims ... Bank of America has continued to misrepresent 'to Arizona consumers whether they were eligible for modifications of their mortgage loans, when Bank of America would make a decision on their modification requests ... and whether and when Bank of America would foreclose upon their homes.'"


Consumer Affairs: "The bank is also facing at least three suits claiming that it reneged on duties it undertook by accepting $25 billion under the Troubled Asset Relief Program (TARP)."


In total, Bank of America's last annual report lists 29 pending lawsuits against the company. Lawsuits are not proof of guilt, of course. But the bank has already paid a fine for illegally concealing $6 billion in payouts to employees, and another fine for concealing major losses at its Merrill Lynch subsidiary. (Both fines were low - not much more than a slap on the wrist - because Bank of America was on taxpayer-funded life support at the time.) BofA also confessed to committing fraud as part of a settlement this month, which the Justice Department noted was restitution "for its participation in a conspiracy to rig bids in the municipal bond derivatives market." The Bank was also ordered to pay Lehman $590 million for illegally seizing its deposits, in violation of bankruptcy law.


From the Associated Press:


"A document obtained last week by the Associated Press showed a Bank of America official acknowledging in a legal proceeding that she signed thousands of foreclosure documents a month and typically didn't read them. The official, Renee Hertzler, said in a February deposition that she signed 7,000 to 8,000 foreclosure documents a month."


How generous has the taxpayer been to Bank of America? There was the TARP money, of course. And BofA, like other banks, has been suckling at the teat of Federal Reserve's discount money window throughout the crisis. And, as Zach Carter noted, the bank was also one of two institutions that were the main beneficiaries of a special Fed program called the Primary Reserve Credit Facility. There were those cushy settlements with the SEC.


BofA stock was trading at $53 at the end of 2006. As of this writing the stock is trading for $13.30. But its executives have been wasting corporate money and resources buying up 419 web URLs with insulting phrases and the names of their senior executives - most of whom nobody's ever heard of - to protect their personal reputations. No company's ever done that before. Bob Scully "blows" (bobscullyblows.com) and Bill Boardman "sucks" (billboardmansucks.com)? Who knew?


Last year two senior executives received $9.9 million and two others received $6 million in total compensation. The guy who robbed a Bank of America branch in West Palm Beach is going to prison. The bank's senior executives are hurt that they didn't get invited to the Rose Garden for tea.


Rap Sheet: BofA has probably committed more foreclosure offenses than any other single institution. It deceived stockholders, and the public, about the $6 million in bonuses it paid out (during the rescue process), and was equally deceptive about Merrill Lynch's financial status. It has also been punished for rigging municipal bond derivative bids.


Shameless Quotes: CEO Brian Moynihan's response toward demands that his bank comply with HAMP's legal requirements? "Sure," he sneered," we'll go back and check our homework again." And he says he won't accept anything but "constructive criticism." Which sounds more constructive: "suck" or "blow"?


#2. JPMorgan Chase


As we learned recently, JPMorgan Chase CEO Jamie Dimon doesn't feel loved or admired enough. Small wonder. It looks like he's running a pretty sleazy operation:


"At JPMorgan Chase & Company, they were derided as 'Burger King kids' -- walk-in hires who were so inexperienced they barely knew what a mortgage was ... revelations that mortgage servicers failed to accurately document the seizure and sale of tens of thousands of homes have caused a public uproar ..."


Failure to accurately document home foreclosures is illegal. It's lousy management, too. Dimon oversaw a sloppy operation that's going to cost his shareholders a lot of money: "JPMorgan set aside $2.3 billion of reserves to cover mortgage repurchases or litigation expenses, including some for 'mortgage-related matters,' the lender said."


A whistleblower complaint alleges that the bank "sold to third party debt buyers hundreds of millions of dollars worth of credit card accounts. . .when in fact Chase Bank executives knew that many of those accounts had incorrect and overstated balances." According to the complaint, "Chase Bank executives routinely destroyed information and communications from consumers rather than incorporate that information into the consumer's credit card file ... and mass-executed thousands of affidavits in support of Chase Banks collection efforts ... (but) did not have personal knowledge of the facts set forth in the affidavits." It also claims that "when senior Chase Bank executives were made aware of these systemic problems, senior Chase Bank executives -- rather than remedy the problems -- immediately fired the whistleblower and attempted to cover up these problems."


There are also multiple lawsuits against Chase for allegedly manipulating the price of silver, and there is at least one report that the bank is being probed by several Federal agencies (including the Justice Department) over its trading activities in precious metals.


JPMorgan Chase "agreed to pay $25 million to settle allegations it sold unregistered securities, many of which defaulted, to the state of Florida," as the Orlando Sentinel reported. That's a crime. Chase was also one of several banks that paid to settle charges that it illegally propped up a failed mortgage lender. (These settlements have typically allowed the banks to "admit no wrongdoing" - a practice which should be stopped. Crimes are crimes.)


JPMorgan Chase's behavior in Jefferson County, Alabama was pure Huey Long material. The Kingfish would've admired the way the bank spread more than $8 million around the county through local intermediaries so it could secure highly lucrative deals on municipal derivatives. As Bloomberg News put it, " JPMorgan, the second-largest U.S. bank by assets, used fees on the unregulated derivative contracts -- and a trip to a New York spa for one elected official -- to curry political favor, a decade after the SEC adopted rules to drive out pay-to-play from the $2.8 trillion municipal bond market."


The bank conducted this criminal behavior under Dimon's watch. And while it "neither admitted nor denied wrongdoing," as usual, it had to pay a three-quarters-of-a-billion dollar settlement to wrangle its way out of this snakepit of illegality.


Rap Sheet: Corruption in Alabama; widespread violation of foreclosure laws; sale of unregistered securities. Also under investigation for illegal manipulation of the precious metals market; mishandling of Madoff funds; deliberate lawbreaking in credit card processing, concealment of criminality.


Shameless quotes: "Judy Dimon says the crisis took a toll on him. He used to stand up to bullies who threatened his smaller twin; now he felt as if he, and bankers in general, were being bullied." (from a New York Times profile of Dimon)


3. Citigroup



Citi's being sued for gender discrimination by its own employees. Citi settled a class action lawsuit after illegally raising rates for credit card customers. The bank's being sued by an independent trustee for allegedly "aiding and abetting" a Ponzi schemer.


Citi executives were given slap-on-the-wrist fines for lying to investors about $40 billion in subprime exposures, which is a criminal act. It should also be remembered that Citigroup paid $2.65 billion in 2004 to settle class action lawsuits over its alleged illegal actions in propping up WorldCom stocks in return for enormous fees.


As Citi's annual report notes, "Citigroup and Related Parties have been named as defendants in numerous legal actions and other proceedings asserting claims for damages and related relief for losses arising from the global financial credit and subprime-mortgage crisis that began in 2007."


Citi is still being investigated by Italian courts for possible criminal behavior in the Parmalat case, and it's being sued by a Norwegian bank for misrepresenting its financial condition and failing to disclose material information. It's being sued by investors for misrepresenting its underwriting of mortgage backed securities.


Rap Sheet: Violation of SEC law regarding corporate disclosures; illegal rate activity toward credit card customers. Under investigation for aiding and abetting a Ponzi scheme.


Shameless quotes: "Almost all of us ... missed the powerful combination of forces at work and the serious possibility of a massive crisis." (Robert Rubin) "On November 3, 2007, I sent an email to Mr. Robert Rubin and three other members of Corporate Management. In this email I outlined the business practices that I had witnessed ... I specifically warned about the extreme risks that existed within the Consumer Lending Group." (Former Citi exec Richard Bowen)


4. Wells Fargo


They illegally laundered drug money for the Mexican cartels - and nobody went to jail.


Here's a suggestion: Read stories "War Torn Mexico: A Population in Terror," which begins: "Massacres, beheadings, YouTube videos featuring cartel torture sessions and even car bombs are becoming commonplace in Juarez." Study the statistics on the violent murders - which include Federal agents, children, and "penniless immigrants" - and then remind yourself: These are Wells Fargo's business partners.


Rap Sheet: Mexican drug cartels. It makes the brain reel, doesn't it?


Shameless quotes:"We're more of a Main Street bank than a Wall Street bank." ""Of all the decisions I've had to make, few have been as difficult as cutting the dividend." (Wells Fargo CEO John Stumpf)


5. Goldman Sachs


The SEC charged Goldman with fraud, and they settled the suit by admitting their marketing materials contained lies - which they called "mistakes." They were fined by Great Britain for illegally concealing US fraud investigations. Goldman has its own gender discrimination lawsuit, too, and theirs comes complete with strippers and racist emails.


Goldman's being sued for deceiving its clients over an offering its own employee privately (and thanks to Sen. Levin, famously) bragged was "a shitty deal." Goldman separately paid $60 million in Massachusetts to settle charges of predatory loan practices.


After mismanagement drove Goldman into impending doom, the firm was saved by TARP funds and Federal Reserve's Emergency Liquidity Programs. Total taxpayer aid to Goldman exceeded three-quarters of a trillion dollars. Goldman also received $13 billion in backdoor payouts through the AIG liquidation (under Tim Geithner's supervision).


Rap Sheet: Fraudulent misrepresentation; predatory loan practices; illegal concealment of an investigation. And who know what else. They're Goldman, man!


Shameless Quotes: ""We're very important ... We do God's work." (Goldman CEO Lloyd Blankfein) "If I whet My glittering sword, and Mine hand take hold on judgment; I will render vengeance to Mine enemies." (God)


6. Morgan Stanley


Earlier this year the Wall Street Journal reported that "U.S. prosecutors are investigating whether Morgan Stanley misled investors about mortgage-derivatives deals it helped design and sometimes bet against." The firm's also being sued by US Bank for fraudulently misleading it and other investors over a structured residential investment called "Tourmaline." A group of investors in Singapore is suing the firm for designing CDOs to fail and then selling them as "conservative investments."


The Financial Industry Regulatory Authority fined Morgan Stanley this year for failing to disclose material conflicts of interest to investors. The same agency hit the firm with a $12.5 million fine in 2007 for illegally concealing emails during customer arbitration hearings. In a particularly sleazy move, Morgan Stanley claimed that the emails had been lost on 9/11, when they were all safely stored in backup copies elsewhere.


MS was also sued by the EEOC for gender discrimination.


The firm was able to beat back an investors' lawsuit over bloated executive pay - it set aside 62% of net revenue for employee compensation - so its executives get to keep fat bonuses for driving the company into the ground. Greed and stupidity aren't illegal, after all.


On the other hand, their portfolio of lawsuits including one that says they defrauded nuns in Europe.


Rap Sheet: Despite numerous violations and charges, Morgan Stanley is a relatively minor player compared to its bigger colleagues. On the other hand, it illegally concealed evidence from arbitrators by using the World Trade Center attack as an excuse, and six of its own employees died in that attack. That's just vile. On top of that, they're being sued by nuns.


Shameless Quotes: "When we think back on 2001, we are filled with deep sorrow and outrage over the events of September 11. Who among us will ever forget the shock and horror of that day?" (Morgan Stanley Annual Report, 2001) "When you come that close to really going out of business, call it near death, death experience, the end of the line, whatever you want to call it, your only focus is to make sure your company survives." (former CEO John Mack)

__________________


The American people rescued these six banks. (Dimon says his bank didn't need rescuing, but how would it have fared in a collapsed economy? And the government's willingness to go easy in its illegalities was pretty helpful, too.) They've all violated the law, and they're all suspected of even more possible illegalities. And yet they're all pouting because they weren't invited to the White House along with the other CEOs.


Which is our most shameless corporate lawbreaker? In any normal period of history they'd all be considered corrupt institutions, and their leaders would be ashamed to show their faces among respectable people. But these aren't normal times, are they?


Frankly I'm stumped. They all deserve the title as far as I'm concerned.


__________________________________


This post was produced as part of the Curbing Wall Street project.


Ash was in the middle of working out a loan modification when this happened. “This is in essence a burglary,” Ash remarked. The bank took her late husband’s ashes.


But it doesn't look like there's going to be any concerted effort to fix any of these problems -- if the Fed has its way anyway:
Top policymakers at the Federal Reserve are fighting efforts to rein in widely reported bank abuses, sparking an inter-agency feud with the FDIC and the Treasury Department. The Fed, along with the more bank-friendly Office of the Comptroller of the Currency, is resisting moves to craft rules cracking down on banks that charge illegal fees and carry out improper foreclosures. The FDIC supports such rules, according to an FDIC official involved in the dispute.

The new regulations would rein in debt collection, loan modification and foreclosure proceedings at bank divisions called "mortgage servicers." Servicers have committed widespread fraud in the foreclosure process. While the recent robo-signing of fraudulent documents has received the most attention, consumer advocates have complained about improper fees and servicer mistakes that lead to foreclosure for years.

"Given that we've seen a massive failure in servicing practices and a massive failure to address servicing in an honest way, I think this is important," says Joshua Rosner, a managing director at Graham Fisher & Co., and longtime critic of the U.S. mortgage system.

Last week, the National Consumer Law Center and the National Association of Consumer Advocates published a survey of 96 foreclosure attorneys from around the country, attesting that servicers have pushed 2,500 of their clients into the foreclosure process, even as the borrowers were negotiating loan modifications with the same servicers.

The Fed is run by bankers, after all ...

I think this story tells itself. But if you haven't been following the details I highly recommend dday's coverage on this over the past few months if you want to catch up. It's an astonishing story.

Meanwhile, the wonks at Naked Capitalism have put together a petition to ask the regulators to do their jobs.

As readers may know, the banking industry is trying to prevent the FDIC from moving forward with its proposed reforms on securitizations and is also attacking related SEC reforms, namely amendments to Rule A/B.

To further the effort to curb servicer abuses, please visit the website, StopServicerScams, and sign the petition. As we have written, and as experts and foreclosure defense lawyers have reported in Congressional testimony, and as pending lawsuits by attorneys general in Arizona and Nevada allege, servicer abuses are a significant cause of foreclosures. These include including delaying and misapplying payments, using false hopes of pending mods to extract more payments from consumers, and applying compounding junk fees.

We will submit the signed petition in early January. Thanks for your support in this important effort.


.





Annual Holiday Fundraiser going on right now. If you can help support the blog, I appreciate it. Cheers!




|







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Charlotte Foreclosures North Carolina, 4 Bd, 2.5 Ba, $ 174,900.00 : ForeclosureDataBank.com by ForeclosureDataBank


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Thursday, December 30, 2010

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New York City to Snooki: fuhgeddaboudit. MTV wanted.

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Tuesday, December 28, 2010

foreclosure law

Only the banksters could get away with this:




TRUCKEE, Calif. — When Mimi Ash arrived at her mountain chalet here for a weekend ski trip, she discovered that someone had broken into the home and changed the locks....



The culprit, Ms. Ash soon learned, was not a burglar but her bank. According to a federal lawsuit filed in October by Ms. Ash, Bank of America had wrongfully foreclosed on her house and thrown out her belongings, without alerting Ms. Ash beforehand.



Ash was in the process of loan modification with Bank of America at the time. And they didn't just break in, they completely emptied the home, even taking "a wooden box, its top inscribed with the words 'Together Forever,' that contained the ashes of her late husband, Robert."




In Florida, contractors working for Chase Bank used a screwdriver to enter Debra Fischer’s house in Punta Gorda and helped themselves to a laptop, an iPod, a cordless drill, six bottles of wine and a frosty beer, left half-empty on the counter, according to assertions in a lawsuit filed in August. Ms. Fisher was facing foreclosure, but Chase had not yet obtained a court order, her lawyer says.



The break-in was discovered when a Canadian couple renting the house returned from the beach.



Turns out these and countless other Americans have become victims again. They're victims of the deficit peacocks.




WASHINGTON -- Despite mounting evidence of big banks committing serious fraud in the foreclosure process, the U.S. Senate eliminated $35 million in legal aid to homeowners trying to keep their homes.



The fund was wiped out in order to meet government spending caps advocated by Sens. Jeff Sessions (R-Ala.) and Claire McCaskill (D-Mo.), but will likely end up costing taxpayers much more in the long run, as wrongful foreclosures burn through the balance sheets of Fannie Mae and Freddie Mac. The slashing of the foreclosure-assistance fund is just one casualty of Washington's increasing bipartisan push to cut spending across the board....



Recent reports suggest severe, nationwide problems with the mortgage system. A survey of 96 attorneys found that banks started foreclosure proceedings on 2,500 borrowers who were negotiating a loan modification. The survey was conducted by the National Association of Consumer Advocates and the National Consumer Law Center.



There's no relief in sight from the administration, either. Treasury has refused to use any of the funds for the Wall Street bailout for homeowner legal aid. Much worse, the Federal Reserve is actually blocking new foreclosure regulations that would homeowners.




WASHINGTON -- Top policymakers at the Federal Reserve are fighting efforts to rein in widely reported bank abuses, sparking an inter-agency feud with the FDIC and the Treasury Department. The Fed, along with the more bank-friendly Office of the Comptroller of the Currency, is resisting moves to craft rules cracking down on banks that charge illegal fees and carry out improper foreclosures. The FDIC supports such rules, according to an FDIC official involved in the dispute.



The new regulations would rein in debt collection, loan modification and foreclosure proceedings at bank divisions called "mortgage servicers." Servicers have committed widespread fraud in the foreclosure process. While the recent robo-signing of fraudulent documents has received the most attention, consumer advocates have complained about improper fees and servicer mistakes that lead to foreclosure for years.



It's the banksters' world, and we're apparently to be considered lucky if we get to live in one of their houses, which is what they and the government consider them. It's hard to arrive at any other conclusion than dday does when it comes to the Fed, "They don’t want to stop the banks from breaking into your house." And your representatives in the Senate are fine with that.





In two recent pieces I harped on the problems at MERS, the Mortgage Electronic Registration System. ("Support Representative Kaptur's Bill: Time To Shut Down Mers And To Restore The Rule Of Law" and "Shut Down MERS"). Briefly, MERS purportedly offers an alternative to paperwork, maintaining an electronic record of mortgages that are usually packaged into mortgage backed securities (MBSs). When mortgages go delinquent, MERS helps mortgage servicers foreclose on homes.



I argued that MERS was created to run multiple frauds, a topic I will discuss in more detail in part two of this series. However, one of the big puzzles of the ongoing foreclosure crisis concerns the whereabouts of the "wet ink notes" -- the IOUs signed by borrowers. In foreclosure cases across the nation, the banks have been filing "lost note affidavits", certifying that they cannot find the notes that are required to prove that they have the right to take away someone's home. In some cases, the notes miraculously appear, seemingly out of nowhere, and in others "Burger King kids" have been manufacturing them for robo-signers. By law, the notes are supposed to be at REMIC trustees, held against the MBSs sold on to investors -- and must be presented to foreclose.



The real mystery is why these trustees cannot produce the notes. I think we have finally found the smoking gun. An interested reader alerted me to MERS's instruction manual, "MERS Recommended Foreclosure Procedures -- State by State", originally written in 1999, updated in 2002 and available on MERS's website (accessed by clicking on: Recommended Foreclosure Procedures).



The first thing to note is the date. Folks, this strategy was formulated in 1999. The second thing to note is these documents demonstrate that failure to properly endorse the notes and transfer them to the REMIC trustee was not an occasional mistake, but rather was MERS's business model. As we will see, MERS planned from the get-go to defraud the counties, and the IRS, and the homeowners, and the buyers of the mortgage-backed securities.



Let me provide three very clear quotes (emphasis added) from the document, and then I will explain the implications. To demonstrate that these quotes are not slips or errant comments I am appending at the bottom a couple of dozen more quotes from the manual with virtually identical wording.



We have been advised that the named plaintiff in the foreclosure action should be both the record holder of the mortgage and the owner and holder of the promissory note. This is typically considered to be the servicer because if the promissory note is endorsed in blank and the servicer has physical custody of the note, the servicer will technically be the note holder as well as the record mortgage holder. By virtue of having its employees become certifying officers of MERS, there can be an in-house transfer of possession of the note so that MERS is considered the note holder for purposes of foreclosing the loan. Therefore, MERS is both the mortgage holder and the note holder as nominee for the current servicer. Page 62

...

Even though the servicer has physical custody of the note, custom in the mortgage industry is that the investor (Fannie Mae, Freddie Mac, Ginnie Mae or a private investor) owns the beneficial rights of the promissory note. Page 50

...

During the redemption period, MERS will be considered to be titleholder. However, at the end of the redemption period, a deed to the investor should be executed as soon as possible so that MERS remains in the chain of title for as short a time as possible. Page 54



The foreclosure manual establishes three key points that we have long suspected:



  1. Mortgage notes were not typically transferred to the trusts, as required by law. Further, there is no clear "chain of title" for these notes--which are actually presented for endorsement only on foreclosure (if then).

  2. MERS recommended that mortgage servicers retain the notes.

  3. MERS "deputized" employees of the servicers, pretending that these became MERS employees. This allowed the fiction that MERS had the notes so that it could foreclose.




I will discuss in part two the implications for the REMICs and the mortgage backed securities. Here I will focus only on the failure to comply with the requirement to properly endorse notes and to transfer them each time a mortgage was sold -- up to a dozen times over the course of the life of a mortgage through to foreclosure. Rather than following well-established law, MERS plainly directed mortgage servicers to retain the notes. Since most mortgage lenders and servicers are members of MERS, the plan was to pretend that transactions were "in-house", hence did not require transfers of notes or reporting of sales to the county recorders.



In the document, MERS claims that its recommended procedures are "customary". In fact, there are several hundred years of "custom" that requires endorsement of notes at the time of transfer, with a clear chain of title to ensure that anyone who claims to be a creditor, and who tries to seize someone's home, has clear documentary proof of entitlement. What MERS proposes in this document is to break the chain of title, to eliminate the protection that debtors need to prevent mortgage servicers and MERS from illegally stealing their property through the use of robo-signers and the manufacture of fake documents. In other words, both law and custom were formulated to prevent the sort of foreclosure fraud that has become normal business practice -- what the MERS document calls "customary".



I do not know why MERS proposed illegal activity as a new custom. It appears that MERS wanted to keep the notes handy, held by the servicers, to speed the foreclosure process -- in other words, to run foreclosure mills. Perhaps MERS foresaw, even in 1999, a wave of foreclosures. Why else would it recommend multiple frauds (as explained in part two), urging servicers to keep the notes rather than passing them along to trustees? It now seems most likely that the fraudulent practices were recommended as a means to speed the illegal foreclosures we are now witnessing.



Remember, the servicers are the same fraudsters who are losing mortgage payments, sending foreclosure notices to the wrong homeowners, telling homeowners to skip payments so that they can qualify for modifications -- then stealing their homes, and in some cases delaying foreclosures in order to maximize late fees and penalties.



Okay, but if the servicers hold the notes, why on earth can't they find them--why do they need to file "lost note affidavits"? In a word, fraud. If they now produce the notes, it will be clear that they were not properly endorsed each time the mortgages were transferred. And they were never held by the REMIC trusts. As I will explain, that means mortgage backed securities are fraudulent and the banks are on the hook for hundreds of billions of dollars. And that the banks holding the mortgages cannot legally foreclose. That is why they are destroying the documents, and hiring robo-signers to forge new ones.



When it comes to Wall Street, things are always worse than they seem. As the reader wrote to me:



These financial institutions that defrauded homeowners, then bet against them with a stacked deck of accomplices such as MERS, mortgage servicers, foreclosure mills and others have taken predation beyond previously known levels and executed financial crimes for which they must be fully prosecuted.


Or, one might think, shot.



Here's the deal. This financial crisis is like Shrek's onion. As you peel back layer after layer of sleaze, you find that the whole damn thing is fraud. We are talking about tens of trillions of dollars of it. Tens of thousands of individuals were involved. It was thorough. It was blatant. It was even transparent, right under the noses of regulators and supervisors. It was normal business practice. It never had any fear of prosecution or punishment. Even today, it taunts the impotent administration, daring President Obama to do anything.



And it expects to win. The fraudsters have Congress in their back pocket and plan to rush through legislation to validate ex post all of their illegal activity. It is almost a foregone conclusion that Congress will pass a law early next year to legalize everything MERS and the big banks did -- lending fraud, recording fraud, tax fraud, securities fraud, and foreclosure fraud. There will be no rule of law to protect private property in the United States. Wall Street can claim any property it wants -- no proof required. That is what President Bush meant when he proclaimed a new "Ownership Society" -- as I wrote back in 2005. The plan all along was to put the bottom four deciles of Americans into permanent indebtedness while the top fraction of one percent would transfer ownership of everything to itself. So far, President Obama has stuck with the program -- overseeing the greatest wealth transfer in human history.



Continue to Part II.





********

Key quotes from the MERS document



According to the document, MERS's mission statement reads as follows:



What is MERS?



MERS serves two purposes. First, it is a national electronic registry for tracking servicing rights and beneficial ownership interests in mortgage loans. Second, MERS acts as nominee (a form of agent) for the servicer and beneficial owner of a mortgage loan in the public land records. MERS is designed to operate within the existing legal framework in all U.S. jurisdictions and did not require any changes to existing laws.



How is this made possible? Its members appoint MERS as the mortgagee of record on all loans that they register on the MERS System. This appointment eliminates the need for any future assignments when servicing rights are sold from one MERS Member to another. Instead of preparing a paper assignment to track the change in the county land records, all subsequent transfers are tracked electronically on the MERS System.



MERS does not create or transfer beneficial interests in mortgage loans or create electronic assignments of the mortgage. What MERS does do is eliminate the need for subsequent recorded assignments altogether. The transfer process of the beneficial ownership of mortgage loans does not change with the arrival of MERS. Promissory notes still require an endorsement and delivery from the current owner to the next owner in order to change the beneficial ownership of a mortgage loan.



MERS explains the registry process as follows:



With every new loan that is registered on the MERS System, it becomes more likely that you will come in contact with a mortgage loan having MERS as the mortgage holder in the chain of title. MERS is put in this position in one of two ways: the first is by an assignment from a lender or servicer to MERS. This method is usually associated with bulk transfers of servicing. The second way is with the lender naming MERS as the mortgagee of record as nominee for itself (and its successors and assigns) in the original security instrument at the time the loan is closed. We call this second option "MOM", which stands for MERS as Original Mortgagee.



"MOM" was a significant milestone for MERS and the mortgage industry. Fannie Mae, Freddie Mac, and Ginnie Mae have each approved the use of MERS as original mortgagee as nominee for a lender on the security instrument for loans sold to them and registered on the MERS System.



In order to make MOM work, changes were made by Fannie Mae and Freddie Mac to their uniform security instruments allowing MERS to be named as the mortgagee in a nominee capacity for the lender. First, to reflect the interrelationship of the promissory note and mortgage and to ensure these two instruments are tied together properly, the recital paragraph names MERS, solely as nominee for Lender, as beneficiary. Second, it is made clear that the originating lender rather than MERS is defined as the "Lender". This change was made so that everyone understands that MERS is not involved in the loan administration process. Third, as mortgagee of record, MERS needs to have the authority to release the lien of security instrument, or if necessary, foreclose on the collateral on behalf of the lender. Such authority is provided by adding a paragraph to the security instrument informing the borrower that MERS holds only legal title to the interests granted by the borrower. It also informs the borrower that, if necessary to comply with law or custom, MERS may exercise the right to foreclose and sell the property and may take any action required of the Lender to release or cancel the security instrument.



Once MERS is named in the original security instrument or by way of an assignment, the document is then recorded in the appropriate public land records. From this point on, no subsequent assignments of the mortgage to a MERS member needs to be recorded. MERS remains in the land records, as mortgagee, throughout the life of the loan so long as servicing is not sold to a non-MERS member. All subsequent transfers of ownership in mortgage loans and servicing rights for that loan are tracked electronically between MERS members through the MERS System. This process eliminates the opportunity for a break in the chain of title.



So the basic scam is that when a loan is securitized, MERS is named as the mortgagee of record ("MOM"). Yet MERS does not hold the note. Instead, MERS pretends to hire someone in the firm that holds the note to maintain the fiction that it has got the note. Yet, it is the REMIC trustee that must hold the note to make the securities lawful. It is clear throughout the document that proper procedure is never recommended by MERS, instead, it is recommended that the servicer hold the note in almost all cases.



Here follow direct quotes from the document, as they appear but with emphasis added.



Even though the servicer has physical custody of the note, custom in the mortgage industry is that the investor (Fannie Mae, Freddie Mac, Ginnie Mae or a private investor) owns the beneficial rights to the promissory note.



If the promissory note is endorsed in blank and the servicer has physical custody of the note, the servicer will technically be the note holder as well as the record mortgage holder. By virtue of having the servicer's employees be certifying officers of MERS, there can be an in-house transfer of possession of the note so that MERS is considered the note holder for purposes of foreclosing the loan. Pg 22 MERS doc



If the promissory note is endorsed in blank and the servicer has physical custody of the note, the servicer will technically be the note holder as well as the record mortgage holder. By virtue of having its employees become certifying officers of MERS, there can be an in-house transfer of possession of the note so that MERS is considered the note holder for purposes of foreclosing the loan. Pg 34



Please Note: Fannie Mae's foreclosure regulations require an assignment from MERS to Fannie Mae in the Parish of Orleans. This means that Fannie Mae will be the foreclosing entity. This is the same requirement that exists when the servicer is the record mortgage holder.



Even though the servicer has physical custody of the note, custom in the mortgage industry is that the investor (Fannie Mae, Freddie Mac, Ginnie Mae or a private investor) owns the beneficial rights to the promissory note.



possession of the note so that MERS is considered the note holder for purposes of foreclosing the loan. Pg 44 (Note: something was omitted here. This is exactly the way it reads on the page.)



If the promissory note is endorsed in blank and the servicer has physical custody of the note, the servicer will technically be the note holder as well as the record mortgage holder. By virtue of having the servicer's employees be certifying officers of MERS, there can be an in-house transfer of (Note: something missing here also)



MERS should remain as the titleholder for as short of time as possible. Pg 45



We have been advised that the named plaintiff in the foreclosure action should be both the record holder of the mortgage and the holder of the promissory note. This is typically considered to be the servicer because if the promissory note is endorsed in blank and the servicer has physical custody of the note, the servicer will technically be the note holder as well as the record mortgage holder. By virtue of having the servicer's employees be certifying officers of MERS, there can be an in-house transfer of possession of the note so that MERS is considered the note holder for purposes of foreclosing the loan.



Even though the servicer has physical custody of the note, custom in the mortgage industry is that the investor (Fannie Mae, Freddie Mac, Ginnie Mae or a private investor) owns the beneficial rights to the promissory note. Pg 46



Even though the servicer has physical custody of the note, custom in the mortgage industry is that the investor (Fannie Mae, Freddie Mac, Ginnie Mae or a private investor) owns the beneficial rights of the promissory note. Pg 50



During the redemption period, MERS will be considered to be titleholder. However, at the end of the redemption period, a deed to the investor should be executed as soon as possible so that MERS remains in the chain of title for as short a time as possible. Pg 54



We have been advised that the named plaintiff in the foreclosure action should be both the record holder of the mortgage and the owner and holder of the promissory note. This is typically considered to be the servicer because if the promissory note is endorsed in blank and the servicer has physical custody of the note, the servicer will technically be the note holder as well as the record mortgage holder. By virtue of having its employees become certifying officers of MERS, there can be an in-house transfer of possession of the note so that MERS is considered the note holder for purposes of foreclosing the loan. Therefore, MERS is both the mortgage holder and the note holder as nominee for the current servicer. Pg 62



Even though the servicer has physical custody of the note, custom in the mortgage industry is that the investor (Fannie Mae, Freddie Mac, Ginnie Mae or a private investor) owns the beneficial rights to the promissory note. Pg 63



Please Note: Fannie Mae's foreclosure regulations require an assignment from MERS to Fannie Mae in New Hampshire. This means that Fannie Mae will be the foreclosing entity. This is the same requirement that exists when the servicer is the record mortgage holder. Pg 66



If the promissory note is endorsed in blank and the servicer has physical custody of the note, the servicer will technically be the note holder as well as the record mortgage holder. By virtue of having the servicer's employees be certifying officers of MERS, there can be an in-house transfer of possession of the note so that MERS is considered the note holder for purposes of foreclosing the loan. Pg 68



Even though the servicer has physical custody of the note, custom in the mortgage industry is that the investor (Fannie Mae, Freddie Mac, Ginnie Mae or a private investor) owns the beneficial rights of the promissory note.



If the promissory note is endorsed in blank and the servicer has physical custody of the note, the servicer will technically be the note holder as well as the record mortgage holder. By virtue of having the servicer's employees be certifying officers of MERS, there can be an in-house transfer of possession of the note so that MERS is considered the note holder for purposes of foreclosing the loan. Pg 70



We have been advised that the named plaintiff in the foreclosure action should be both the record holder of the mortgage and the holder of the promissory note. This is typically considered to be the servicer because if the promissory note is endorsed in blank and the servicer has physical custody of the note, the servicer will technically be the note holder as well as the record mortgage holder. By virtue of having the servicer's employees be certifying officers of MERS, there can be an in-house transfer of possession of the note so that MERS is considered the note holder for purposes of foreclosing the loan.



Even though the servicer has physical custody of the note, custom in the mortgage industry is that the investor (Fannie Mae, Freddie Mac, Ginnie Mae or a private investor) owns the beneficial rights to the promissory note. Pg 76



Even though the servicer has physical custody of the note, custom in the mortgage industry is that the investor (Fannie Mae, Freddie Mac, Ginnie Mae or a private investor) owns the beneficial rights to the promissory note.



If the promissory note is endorsed in blank and the servicer has physical custody of the note, the servicer will technically be the note holder as well as the record mortgage holder. By virtue of having the servicer's employees be certifying officers of MERS, there can be an in-house transfer of possession of the note so that MERS is considered the note holder for purposes of foreclosing the loan. Pg 80



Please Note: Fannie Mae's foreclosure regulations require an assignment from MERS to Fannie Mae in Rhode Island. This means that Fannie Mae will be the foreclosing entity. This is the same requirement that exists when the servicer is the record mortgage holder. Pg 87



Even though the servicer has physical custody of the note, custom in the mortgage industry is that the investor (Fannie Mae, Freddie Mac, Ginnie Mae or a private investor) owns the beneficial right to the promissory note. Pg 88



We have been advised that the named plaintiff in the foreclosure action should be both the record holder of the mortgage and the holder of the promissory note. This is typically considered to be the servicer because if the promissory note is endorsed in blank and the servicer has physical custody of the note, the servicer will technically be the note holder as well as the record mortgage holder. By virtue of having the servicer's employees be certifying officers of MERS, there can be an in-house transfer of possession of the note so that MERS is considered the note holder for purposes of foreclosing the loan.



Even though the servicer has physical custody of the note, custom in the mortgage industry is that the investor (Fannie Mae, Freddie Mac, Ginnie Mae or a private investor) owns the beneficial rights to the promissory note. Pg 89



Even though the servicer has physical custody of the note, custom in the mortgage industry is that the investor (Fannie Mae, Freddie Mac, Ginnie Mae or a private investor) owns the beneficial right to the promissory note. Pg 91



MERS prefers to not take title to the property, so the Certificate of Sale should be assigned if possible. However, either option is acceptable. Pg 92



MERS should only be in the chain of title for as short of a time as possible. As soon as the eviction is completed, the deed to HUD should be recorded. Pg 94



The servicer usually has physical custody of the note at the time of the foreclosure with a blank endorsement. This makes the servicer the noteholder for the purposes of foreclosing. However, custom in the mortgage industry is that the investor (Fannie Mae, Freddie Mac, Ginnie Mae or a private investor) owns the beneficial rights to the promissory note. Pg 99



We have been advised that the named plaintiff in the foreclosure action should be both the record holder of the mortgage and the holder of the promissory note. This is typically considered to be the servicer because if the promissory note is endorsed in blank and the servicer has physical custody of the note, the servicer will technically be the note holder as well as the record mortgage holder. By virtue of having the servicer's employees be certifying officers of MERS, there can be an in-house transfer of possession of the note so that MERS is considered the note holder for purposes of foreclosing the loan.



MERS should only remain the titleholder for as short as time as possible. A subsequent deed should be executed to the investor immediately. Pg 100



Local Counsel advises that the promissory note is endorsed to the servicer prior to commencing a foreclosure so that the servicer becomes the noteholder. In order for a foreclosure to be brought in the name of MERS, the note should be endorsed to MERS so that MERS is the noteholder. Pg 102







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IN 'GREEN NEWS EXTRA' (see links below): The reactor on your roof: Caltech breakthrough uses solar power to generate liquid fuel; Fmr. Shell president predicts $5-a-gallon gas by 2012; EPA develops neurotoxicants list; Obama admin takes ...

Fugitive Banker Surrenders in $1.2 Million Fraud Case - AOL <b>News</b>

A former Oregon bank manager who fled after she was accused of stealing up to $1.2 million from customers has surrendered in California, the FBI said. The FBI had been seeking 37-year-old Shawna Leimomi Moore-Saia since Oct. 27, ...


bench craft company scam

Making <b>News</b> and Entertainment More Social in 2011 - Facebook <b>...</b>

In April, The Washington Post integrated Facebook Platform to create a social experience across the site with “Network News.” The Washington Post has seen more than 280% increase in referral traffic year-over-year, as news becomes ...

Brad Friedman and Desi Doyen: Green <b>News</b> Report: December 28, 2010 <b>...</b>

IN 'GREEN NEWS EXTRA' (see links below): The reactor on your roof: Caltech breakthrough uses solar power to generate liquid fuel; Fmr. Shell president predicts $5-a-gallon gas by 2012; EPA develops neurotoxicants list; Obama admin takes ...

Fugitive Banker Surrenders in $1.2 Million Fraud Case - AOL <b>News</b>

A former Oregon bank manager who fled after she was accused of stealing up to $1.2 million from customers has surrendered in California, the FBI said. The FBI had been seeking 37-year-old Shawna Leimomi Moore-Saia since Oct. 27, ...


bench craft company scam

Making <b>News</b> and Entertainment More Social in 2011 - Facebook <b>...</b>

In April, The Washington Post integrated Facebook Platform to create a social experience across the site with “Network News.” The Washington Post has seen more than 280% increase in referral traffic year-over-year, as news becomes ...

Brad Friedman and Desi Doyen: Green <b>News</b> Report: December 28, 2010 <b>...</b>

IN 'GREEN NEWS EXTRA' (see links below): The reactor on your roof: Caltech breakthrough uses solar power to generate liquid fuel; Fmr. Shell president predicts $5-a-gallon gas by 2012; EPA develops neurotoxicants list; Obama admin takes ...

Fugitive Banker Surrenders in $1.2 Million Fraud Case - AOL <b>News</b>

A former Oregon bank manager who fled after she was accused of stealing up to $1.2 million from customers has surrendered in California, the FBI said. The FBI had been seeking 37-year-old Shawna Leimomi Moore-Saia since Oct. 27, ...


bench craft company scam

Making <b>News</b> and Entertainment More Social in 2011 - Facebook <b>...</b>

In April, The Washington Post integrated Facebook Platform to create a social experience across the site with “Network News.” The Washington Post has seen more than 280% increase in referral traffic year-over-year, as news becomes ...

Brad Friedman and Desi Doyen: Green <b>News</b> Report: December 28, 2010 <b>...</b>

IN 'GREEN NEWS EXTRA' (see links below): The reactor on your roof: Caltech breakthrough uses solar power to generate liquid fuel; Fmr. Shell president predicts $5-a-gallon gas by 2012; EPA develops neurotoxicants list; Obama admin takes ...

Fugitive Banker Surrenders in $1.2 Million Fraud Case - AOL <b>News</b>

A former Oregon bank manager who fled after she was accused of stealing up to $1.2 million from customers has surrendered in California, the FBI said. The FBI had been seeking 37-year-old Shawna Leimomi Moore-Saia since Oct. 27, ...


bench craft company scam

Making <b>News</b> and Entertainment More Social in 2011 - Facebook <b>...</b>

In April, The Washington Post integrated Facebook Platform to create a social experience across the site with “Network News.” The Washington Post has seen more than 280% increase in referral traffic year-over-year, as news becomes ...

Brad Friedman and Desi Doyen: Green <b>News</b> Report: December 28, 2010 <b>...</b>

IN 'GREEN NEWS EXTRA' (see links below): The reactor on your roof: Caltech breakthrough uses solar power to generate liquid fuel; Fmr. Shell president predicts $5-a-gallon gas by 2012; EPA develops neurotoxicants list; Obama admin takes ...

Fugitive Banker Surrenders in $1.2 Million Fraud Case - AOL <b>News</b>

A former Oregon bank manager who fled after she was accused of stealing up to $1.2 million from customers has surrendered in California, the FBI said. The FBI had been seeking 37-year-old Shawna Leimomi Moore-Saia since Oct. 27, ...


bench craft company scam

Making <b>News</b> and Entertainment More Social in 2011 - Facebook <b>...</b>

In April, The Washington Post integrated Facebook Platform to create a social experience across the site with “Network News.” The Washington Post has seen more than 280% increase in referral traffic year-over-year, as news becomes ...

Brad Friedman and Desi Doyen: Green <b>News</b> Report: December 28, 2010 <b>...</b>

IN 'GREEN NEWS EXTRA' (see links below): The reactor on your roof: Caltech breakthrough uses solar power to generate liquid fuel; Fmr. Shell president predicts $5-a-gallon gas by 2012; EPA develops neurotoxicants list; Obama admin takes ...

Fugitive Banker Surrenders in $1.2 Million Fraud Case - AOL <b>News</b>

A former Oregon bank manager who fled after she was accused of stealing up to $1.2 million from customers has surrendered in California, the FBI said. The FBI had been seeking 37-year-old Shawna Leimomi Moore-Saia since Oct. 27, ...


bench craft company scam

Making <b>News</b> and Entertainment More Social in 2011 - Facebook <b>...</b>

In April, The Washington Post integrated Facebook Platform to create a social experience across the site with “Network News.” The Washington Post has seen more than 280% increase in referral traffic year-over-year, as news becomes ...

Brad Friedman and Desi Doyen: Green <b>News</b> Report: December 28, 2010 <b>...</b>

IN 'GREEN NEWS EXTRA' (see links below): The reactor on your roof: Caltech breakthrough uses solar power to generate liquid fuel; Fmr. Shell president predicts $5-a-gallon gas by 2012; EPA develops neurotoxicants list; Obama admin takes ...

Fugitive Banker Surrenders in $1.2 Million Fraud Case - AOL <b>News</b>

A former Oregon bank manager who fled after she was accused of stealing up to $1.2 million from customers has surrendered in California, the FBI said. The FBI had been seeking 37-year-old Shawna Leimomi Moore-Saia since Oct. 27, ...


bench craft company scam

Making <b>News</b> and Entertainment More Social in 2011 - Facebook <b>...</b>

In April, The Washington Post integrated Facebook Platform to create a social experience across the site with “Network News.” The Washington Post has seen more than 280% increase in referral traffic year-over-year, as news becomes ...

Brad Friedman and Desi Doyen: Green <b>News</b> Report: December 28, 2010 <b>...</b>

IN 'GREEN NEWS EXTRA' (see links below): The reactor on your roof: Caltech breakthrough uses solar power to generate liquid fuel; Fmr. Shell president predicts $5-a-gallon gas by 2012; EPA develops neurotoxicants list; Obama admin takes ...

Fugitive Banker Surrenders in $1.2 Million Fraud Case - AOL <b>News</b>

A former Oregon bank manager who fled after she was accused of stealing up to $1.2 million from customers has surrendered in California, the FBI said. The FBI had been seeking 37-year-old Shawna Leimomi Moore-Saia since Oct. 27, ...


bench craft company scam

Making <b>News</b> and Entertainment More Social in 2011 - Facebook <b>...</b>

In April, The Washington Post integrated Facebook Platform to create a social experience across the site with “Network News.” The Washington Post has seen more than 280% increase in referral traffic year-over-year, as news becomes ...

Brad Friedman and Desi Doyen: Green <b>News</b> Report: December 28, 2010 <b>...</b>

IN 'GREEN NEWS EXTRA' (see links below): The reactor on your roof: Caltech breakthrough uses solar power to generate liquid fuel; Fmr. Shell president predicts $5-a-gallon gas by 2012; EPA develops neurotoxicants list; Obama admin takes ...

Fugitive Banker Surrenders in $1.2 Million Fraud Case - AOL <b>News</b>

A former Oregon bank manager who fled after she was accused of stealing up to $1.2 million from customers has surrendered in California, the FBI said. The FBI had been seeking 37-year-old Shawna Leimomi Moore-Saia since Oct. 27, ...


bench craft company scam

Making <b>News</b> and Entertainment More Social in 2011 - Facebook <b>...</b>

In April, The Washington Post integrated Facebook Platform to create a social experience across the site with “Network News.” The Washington Post has seen more than 280% increase in referral traffic year-over-year, as news becomes ...

Brad Friedman and Desi Doyen: Green <b>News</b> Report: December 28, 2010 <b>...</b>

IN 'GREEN NEWS EXTRA' (see links below): The reactor on your roof: Caltech breakthrough uses solar power to generate liquid fuel; Fmr. Shell president predicts $5-a-gallon gas by 2012; EPA develops neurotoxicants list; Obama admin takes ...

Fugitive Banker Surrenders in $1.2 Million Fraud Case - AOL <b>News</b>

A former Oregon bank manager who fled after she was accused of stealing up to $1.2 million from customers has surrendered in California, the FBI said. The FBI had been seeking 37-year-old Shawna Leimomi Moore-Saia since Oct. 27, ...


bench craft company scam