New post on Livinglies’s Weblog
New post on Livinglies’s Weblog
Mortgage group concerned about payment structures for fines
Group says large banks have the option to leverage loans they don’t own in order to settle violations
BY CHRIS DIMARCO
October 8, 2013 • Reprints
While the Department of Justice (DOJ) and J.P. Morgan and Chase Co. have still yet to reach a settlement to resolve a number of pending probes, investors are concerned that they could be unfairly required to shoulder the burden the banks pay out.
A group of mortgage bond investors has penned a letter to the DOJ, asking it to prevent any bank from using mortgage-backed security adjustments to pay fines. They did not directly imply that the settlement they were talking about stemmed from the ongoing discussions between JP and the DOJ, but raised concerns surrounding settlements with any major bank.
The group, the Association of Mortgage Investors (AMI), represents about 25 individuals and controls about $56 billion in assets under its organization. In the letter, which was reviewed by The Wall Street Journal, the group’s executive director Chris Katopis says, “Parties sued by the government or third-parties should not be able to settle with assets that they do not own, namely other people’s money.”
As of last week, J.P. Morgan and the DOJ had yet to come to agreement terms that would end a series of investigations pending for the bank. Settlement figures as high as $11 billion have been kicked around, according to individuals close to the case, although no official word has been made. According to speculation, $7 billion of that total would be paid out in fines, with an additional $4 billion going towards relief for struggling homeowners.
The Association of Mortgage Investors is said to be posturing proactively because of previous mortgage settlements made this year. In these settlements, banks could receive partial settlement credit if they reduced loan-balances. However, many of the mortgages they reduced balances on were managed by investors, and therefore not technically owned by the banks.
There has been little news out of the J.P. Morgan talks outside of speculation, and it is not known if the Department of Justice is considering the type of payment structure the AMI is fearful of in their talks.
There are thousands of people in Japan reporting to be suffering massive and recurring nosebleeds in recent days — Gundersen:
Japanese doctors explain that, “We know our patients have radiation illness” but we are forced to keep it secret (VIDEO)
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Over 3,000 ppl mostly of age under 30 are suffering from recurring massive nosebleeding in Japan
Source: Takahiro Katsumi (Foreign Policy Aide to Senator Tadashi Inuzuka, a member of the House of Councillors of the Japanese National Diet –Source)
Date: Updated Oct. 1, 2013
h/t Anonymous tips
- FACT: Over 5,000 ppl were reported of tweeting “nosebleed”（hanaji) over the past two-day period from 9/22-9/23 http://togetter.com/li/567445
- FACT: Over 3,000 ppl were reported of tweeting “can’t stop my nosebleed” (hanaji ga tomaranai) during the week of 9/20-9/30 (as of 12am 10/01/2013 JST)http://togetter.com/li/568710
- FACT: Over 2,500 ppl were reported of tweeting “I’m nosebleeding” (hanaji ga deta) during the short days of 9/28-9/30 (as of 12 am 10/01/2013 JST)http://togetter.com/li/570016
[…] WHAT YOU CAN DO:
For Japanese Facebook and Twitter users, I’ve been asking for assistance to help spread the survey to as much of the affected people as possible using the list shown above. For users overseas, I would like to ask the following: Help me create a database out of this massive list; Help me find reliable statistics on nosebleeding in general vis-a-vis abnormal nosebleeding; and Help me devise a way to bring in the international civic community’s attention on the matter.
‘Radioactive Spill’ at Fukushima: Tons seeping into ground; ‘Widespread structural problems’ indicated with tanks — Nitrogen injection for preventing explosions at reactors temporarily halted
Nuclear regulator criticized for ‘red tape’ job
Japan’s nuclear regulator is coming under fire from intellectuals. They’re being criticized for bureaucratic behavior.
The Nuclear Regulation Authority fielded comments on Monday from 6 experts who are studying the crisis in Fukushima. The discussion was a review of the NRA’s first year of operation.
“Fear of contaminated food and radioactivity in the metropolitan area” Takashi Hirose
The World Must Take Charge at Fukushima
Dr. Helen Caldicott Talks Bluntly About Fukushima
Attorney Mark Stopa Shows Guts Confronting Appellate Court Bias Posted on October 4, 2013 by Neil Garfield
I have just received a copy of a daring and tempestuous motion for rehearing en banc filed by the winner of the appeal. The homeowner won because of precedent, law and common sense; but the court didn’t like their own decision and certified an absurd question to the Florida Supreme Court. The question was whether the Plaintiff in a foreclosure case needs to have standing at the commencement of the action. Whether it is jurisdictional or not (I think it is clearly jurisdictional) Stopa is both right on the law and right on his challenge to the Court on the grounds of BIAS.
The concurring opinion of the court actually says that the court is ruling for the homeowner because it must — but asserts that it is leading to a result that fails to expedite cases where the outcome of the inevitable foreclosure is never in doubt. In other words, the appellate court has officially taken the position that we know before we look at a foreclosure case that the bank should win and the homeowner should lose. The entire court should be recused for bias that they have put in writing. What homeowner can bring an action or defend an action where the outcome desired by the courts in that district have already decided that homeowners are deadbeats and their defenses are quite literally a waste of time? Under the rules, the Court should not hear the the motion for rehearing en banc, should vacate that part of the decision that sets up the rube certified question, and the justices who participated must be recused from hearing further appeals on foreclosure cases.
Lest their be any mistake, and without any attempt to step on the toes of Stopa’s courageous brief on an appeal he already won, I wish to piggy back on his brief and expand certain points. The problem here might be the subject of a federal due process action against the state. Judges who have already decided foreclosure or mortgage litigation cases before they even see them are not fit to hear them. It IS that simple.
The question here was stated as the issue of standing at the commencement of the lawsuit. Does the bank need to have a claim before it files it? The question is so absurd that it is difficult to address without a joke. But this is not funny. The courts have rapidly evolved into a position that expedited decisions are better than fair decisions. There is NOTHING in the law that supports that position and thousands of cases that say the opposite is true under our system of law. Any judge who leans the other way should be recused or taken off the bench entirely.
In lay terms, the Appellate Court’s certified question would allow anyone who thinks they might have a claim in the future to file the lawsuit now. And the Court believes this will relieve the clogged court calendars. If this matter is taken seriously and the Supreme Court accepts the certified question for serious review it will merely by acceptance be making a statement that makes it possible for all kinds of claims that anticipate an injury.
It is bad enough that judges appear to be ignoring the requirement that there must be an allegation that a loan was made by the originating party and that the Plaintiff actually bought the loan. This was an obvious requirement that was consistently required in pleading until the courts were clogged with mortgage litigation, at which point the court system tilted far past due process and said that if the borrower stopped paying there were no conditions under which the borrower could win the case.
It is bad enough that Judges appear to be ignoring the requirement that the allegation that the Plaintiff will suffer financial damage unless relief is granted. This was an obvious requirement that was consistently required in pleading until the mortgage meltdown.
Why is this important? Because the facts will show that lenders consistently violated basic and advanced protections that have been federal and State law for decades. These violations more often than not produced an unenforceable loan — as pointed out in law suits by federal and state regulators, and as pointed out by the lawsuits of investors who were real lenders who are screwed each time the court enters foreclosure judgment in favor of the bank instead of the investor lenders.
It is not the fault of borrowers that this mess was created. It is the fault of Wall Street Bankers who were working a scheme to defraud investors by diverting the real transaction and making it appear that the banks were principals in the loan transaction when in fact they were never real parties in interest. Nobody would seriously argue that this eliminates the debt. But why are we enforcing that debt with completely defective mortgage instruments in a process that confirms the fraud and ratifies it to the damage of investors who put up the money in the first place? The courts have made a choice that is unavailable in our system of law.
This is also judicial laziness. If these justices want to weigh in on the mortgage mess, then they should have the facts and not the stories put forward by Wall Street that have been proven to be pure fiction, fabrication, lies and perjury. That the Court ignores what is plainly documented in hundreds of thousands of defective mortgage transactions and the behavior of banks that resulted in “strangers to the transaction” being awarded title to property — that presents sufficient grounds to challenge any court in the system on grounds of bias and due process. If ever we had a mass hysteria for prejudging cases, this is it.
Neil Garfield | October 4, 2013 at 9:26 am | Tags: bias, Mark Stopa, motion for rehearing en banc, recusal, removal of judge, standing | Categories: CORRUPTION, Eviction, foreclosure, foreclosure mill, investment banking, Investor, MODIFICATION, Mortgage, Motions, Pleading, politics, securities fraud, Servicer | URL: http://wp.me/p7SnH-5GX