by russell
Just to follow up on seb's post....
Via the the powder blue satan, a pretty good introduction to the hideous train wreck that is the mortgage industry today.
The article is not very long, and is well worth a read (as are the supporting articles, links to which are included in the article). But the very very short form is this:
Garbage in, garbage out
Mortgage originators wrote loans to any warm body they could find. In addition, as it turns out their clerical skill and accuracy, shall we say, was often slipshod.
These loans were sold off and bundled into securities, where they were sliced and diced n five thousand creative ways, and then the securities were sold off.
The mortgages themselves are managed at a hands-on level by service organizations that have no interest in the note per se, they are just working for a fee.
Uh oh. Millions of these mortgages are being foreclosed on each year.
This creates two problems (at least):
1. The sheer volume is driving service organizations to not do due diligence when foreclosing. So, folks are having their homes foreclosed on fraudulently.
2, The paper itself - the documentation that is bundled into the security - is turning out to quite often be crap. As in, the note itself - the promise to pay by the buyer - isn't there.
So at some point somebody allegedly promised to pay for the loan, but we can't prove it, but they're not paying now, so the security that the mortgage part of is turning into crap, so we want to reclaim the property. But this is happening to so many loans that the servicers don't even have time to look at the docs for each one, and even if they did the paper might be garbage. So they're forging the docs and we're setting up special courts to fast-track the whole mess, but folks are starting to catch on and demanding to see the note.
Is anybody in this scenario happy? This will take years to sort out.
In the meantime, what is the status of the property? Who owns it? Can they sell it? Would you want to buy it? If you are holding the security that contains the mortgage, and the note isn't there, how are you going to get your money?
And the most fun question of all: who is responsible? Who is going to end up holding the hot potato?
Buckle up, it's going to be a bumpy ride.
Updates
Foreclosure fraud part 2, part 3, and part 4.
h/t Atrios, and kudos and thanks to Michael Konczal and Rortybomb for the series.
More updates
FUBAR
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