It is no longer a question of if the banks are wrong. They clearly are.
The Problem
If you are someone who pays attention to current events and the news, it is no secret that the banks are currently in a lot of trouble. They have made a lot of mistakes and they are starting to pay the price. In the cases where individuals have sued their lenders, they have won great rewards. The problem is, most people cannot afford the thousands of dollars it takes to litigate a case against an institution with endless resources.
What did the banks do?
- We know the banks have lied, forged documents, discarded borrower documents and lost critical paperwork
- We know the banks have lobbied in Washington for legislation to protect them for being sued for all these mistakes
- We know the banks have spent millions in smear campaigns to make consumer advocate lawyers look ineffective and to make delinquent homeowners look like the problem
- We know the banks have taken BILLIONS in TARP money (your money) and still refuse to restructure or modify loans
- We know that MERS (Mortgage Electronic Registration System) is a fake entity invented by the banks to help the banks commit fraud against homeowners
The Problem with MERS - Mortgage Electronic Registration System
MERS is foreclosing on people across the country, but MERS never lent anyone any money. The banks made MERS up 15 years ago as a fake company where they can park rights and responsibilities. It allows them to transfer property, foreclose, and among other things fraud homeowners without the proper paperwork and processes. How does that work? We’re not buying it and neither are the courts. Courts are starting to take a close look at MERS. Loans are being voided on a case-by-case basis but the problem is that most homeowners cannot afford the 10s of thousands of dollars it takes to fight these cases. Please see the “truthout” article below about why MERS is one of the biggest problems the banks now have. The article speculates that as many as 62 million notes may be unenforceable! (http://www.truth-out.org/homeowners-rebellion-recent-rulings-could-shield-62-million-homes-from-foreclosure62448 )
Why won’t your lender work with you?
- Servicers reap high fees from foreclosures.
- Lenders collect private mortgage insurance from foreclosures.
- An accounting law change in 2009 means if a bank forecloses, it doesn’t write down the loss until the home sells. If it short sales, it writes it down immediately. This motivates banks to foreclose as opposed to short sale. This is a big problem.
- It’s all about money.
The Evidence
What did your lender do wrong?
http://www.nytimes.com/2010/10/28/business/28victims.html
New York Times Article about homeowners’ horror stories, about the endless mistakes made by banks, the meat of the foreclosure crisis, and the story of homeowners fighting back.
http://www.creditslips.org/creditslips/2010/11/securitization-fail.html#tp
The Big Fail: Why the banks are in a lot of trouble.
Countrywide’s Mortgage Document Errors May Doom Bank of America.
Bank employees admit wrongdoing.
Why won’t they modify your loan?
http://www.nytimes.com/2010/10/25/business/25short.html
New York times article about the banks choosing to foreclose instead of short sale because they have the possibility of making more money.
Who is winning already?
http://www.balitangamerica.tv/pinoy-homeowner-wins-against-lender-in-a-wrongful-foreclosure-lawsuit/
California woman who won a lawsuit against her lender, amazingly, after it had foreclosed upon! She’s getting it back. There will be many stories like this.
http://www.sanduskyregister.com/2010/oct/23/foreclosurelawsuit102310tjxml
Sandusky, Ohio woman sues over “robo-signing.”
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