Michael Maiello's picture

    Don't Worry, People Will Lose Their Homes!

    I know you're all very concerned that some people who should lose their homes won't or that they won't lose their homes in a timely enough fashion.  Don't worry.  People will be homeless.  Our banks and government will see to it that miscreants are punished.  The Market, wronged deity that it is, will not be mocked.  It demands justice and homelessness.

    I know you're all worried because this has (predictably) been the focus of most foreclosure scandal coverage.  Are people getting something for nothing because of some paperwork and procedural errors?  Are they gumming up the court systems with their petty excuses and requests when they should be chopping up their furniture for easy removal by garbage trucks?  Are they getting something they don't deserve?

    Your bank would like you to know that it only forecloses on bad people.  So don't go sympathizing with these deadbeats or taking their side.  They're only in this mess because they're bad.  Who cares if they don't even have a mortgage?  The Market (hallowed be its name) wouldn't be punishing them if they hadn't done something bad.

    Let's pretend something for a moment.  Let's pretend that somebody who really is behind on their payments gets to keep their house because somebody lost a key document proving that the borrower owes any money.  This has not yet happened, by the way, and it likely will never happen but pretend.  Let's pretend that somebody gets a free house and the bank has to eat the loss.

    Does that make you angry?

    Because I have to admit -- it doesn't bother me.  I mean, sure, it might kind of annoy me while I'm sending my rent check to my landlord.  But it doesn't really bug me.  I'm certainly not going to get worked up over justice for the bank.

    It seems I'm in the minority there and that people need to be punished for "buying homes they couldn't afford."

    Of course, the banks will game you any chance they get.  Try being a day late on your credit card payment and see what happens.  It's just a day, right?  You're still paying all the interest.  You're still basically current.  But they can charge you a $30 fee for that and, you know what?  They will!  They can bump up your interest rate by 10 percentage points for that, and you know what?  They will!  What if you forget to transfer money from your savings account to your checking account and wind up bouncing a check?  They'll transfer the money for you and charge you $10 to do it.  Why $10?  Because that's what they want!  It has nothing at all to do with the cost of moving $50 for you.  The bank can pretty much do that for free.  But they want $10 and so they must have it and you must give it.  But all of this is okay, right?  It's all in the disclosures the bank gives you.  The bank is very upfront about fees and rules and whatnot.  You just have to read the documents.  If you don't like the terms, just go to some other bank!  What do you mean they all basically have the same terms!  Well then negotiate the contract with them.  What am I, your mommy?  Of course you can't even talk to anyone within the bank who would have the authority to negotiate its terms and conditions.  You need to be a more important person.  You're never going to get your way being a nobody.  Being a nobody is just going to get your ass foreclosed upon.

    Of course, this is just the little abuse.  If your bank gets into big trouble you will be abused mightily.  You might have to five Goldman Sachs $15 billion by bailing out AIG.  Then, later, after it has kept $15 billion, Goldman will tell you, with a straight face, that it paid back the taxpayer for "everything it owed with interest so now get out of our faces."  I would also like to take $15 billion from the taxpayer and then call us square.

    So banks get things they don't deserve all of the time, whether it's by nickel and diming customers with fees ($3 to use an ATM, just because it's in a strip club?) or billion dollar bailouts (just for taking the President of the New York Fed to a strip club with an overpriced ATM?  Given this, why in the Hell are we so concerned that somebody, somewhere, might use either a technicality or the force of the court system to get one over on a bank?

    Here's an even better question: why are we worried about that when it hasn't even happened?  ATM fees?  Those happen.  Fees for being a day late on a payment? Those happen.  Changes in lending terms that apply to existing debt balances?  Yep, that happens.  Banks raiding the Treasury to stay solvent?  Happens.  Deadbeats getting free houses because somebody forgot to sign an affidavit attached to a foreclosure proceeding?  That has never happened.  But it's a terrifying thought, isn't it?

    What I've learned from reading the coverage of the foreclosure mess is this: we hate each other and we love our big companies and that is that.  We really, really do not wish each other well.  I think in all seriousness it's that we're all to one extent or another afraid of finding ourselves without a home.  We know it happens and we know we're not so special that it can't happen to us but we want to believe we are.  So we have to consider that it only happens to people who have some sort of moral defect.  It only happens to deadbeats.  The bank won't come for my home, for my property, for my life.  I'm a good person.  I love you, bank.  I hate those bad people.  Please don't hurt me.

    Pathological, ain't it?

    Comments

    Amen.

    I feel this country doesn't have enough desperate homeless people wandering the streets, looking to scavenge or steal. How will we get back to prosperity without hordes of les miserables in every town?


    Crab Bucket

    When a single crab is put into a lidless bucket, they surely can and will escape. However, when more than one share a bucket, none can get out. If one crab elevates themself above all, the others will grab this crab and drag'em back down to share the mutual fate of the rest of the group.

    Crab bucket syndrome is often used to describe social situations where one person is trying to better themself and others in the community attempt to pull them back down.

     

    http://www.urbandictionary.com/define.php?term=crabs%20in%20the%20bucket


    What a very sad and true perspective.  Sadly, exactly right. 

    I will add that nobody has brought up the distinct possibility that the loan servicers may well have bundled and sold each of these loans MORE THAN ONCE to differernt investors via the securitization process.  THIS COULD BE THE REAL REASON THAT THERE IS NO DOCUMENTATION / PAPER TRAIL.  The non-existent documentation and accounting is entirely consistent with this scenario.  This means that the entire plan was a true Ponzi scheme in the worst sense.  In other words, rather than selling the loan once to investors, as we have all naively been assuming, there is no reason to believe that they did not double-dip or quintuple-dip and sell the exact same loan to completely new buyers.  THIS IS A LEVEL OF FRAUD THAT THE AMERICAN PUBLIC HAS NOT YET CONTEMPLATED.
     
    There are no new laws that are necessary.  All that is necessary is for the states to FOLLOW THE EXISITING LAWS which have been around much longer than any of us, or any of the banks themselves.  These laws were devised to deal with all property frauds, including the current foreclosure frauds.  No more bailouts.  Let the chips fall where they may.

     


    Yeah, and I think this is how it trickles down.  If these loans were pledged to multiple securities then some very powerful people in the investment banking and hedge fund world got conned and they won't take it lightly.  Also, these securities are already worth so much less than was paid for them so everyone is looking for an excuse to put them back to the originators.  The lenders, servicers and securitizers realize that all of the foreclosure court dramas are blowing their cover.  At a certain point, Giant Hedge Fund A is going to say, "I wonder if one of those fraud mortgages is in that MBS I bought back in 2007?  Oh it is?  Call my biggest attorney!"


    Springtime for Hitler, eh?

     


    Phew, I was worried.


    Good post. Banks always have the upper hand. Case in point. After five years of making mortgage payments to BofA, either the bank or the post office lost a payment. Four weeks later my cell phone rings, blocked call, a voice says "This is BofA, there's a problem with your loan, please give me the last four of your social." The woman would give me no information, even what kind of loan. I thought it was a scam but after the third call I finally looked up a number for BofA services in S.C. After another hour of menu fighting I reached India. Payment not received, by the way the foreigner answered the phone as, "Home Retention Center". O.K, having wasted two or three hours I made a direct payment over the phone from a checking account, penalty waved. Now I'm tracking every payment, fearing that I may get automatically slammed back into the Home Retention paper work mill. I have been unable to set up my online account with them because it won't accept my loan number.


    Of course they must lose their homes!  If banks fail in their responsibility to take homes away from lots and lots of people, how will the rest of us homeowners be able to feel superior to the lower orders of home-deprived Americans?  Let's return houses to their rightful roles as status symbols!  Houses are for Ozzie and Harriet, not for Orlando and Rosanna.


    Open-ended welfare was already more or less abolished.  So there is a need for a new group to take the place of welfare recipients to beat up and hate on to win elections.  It's been pretty well publicized that a disproportionate share of the subprime mortgages were issued to minorities, and the Right has certainly been out there working hard to put that particular face on the situation.  So this is kind of a two-fer for them which requires minimal modification of the scripts they've been using for the last few decades.


    Right, and the minority accusations were the flip side to charging that Dodd and the Democrats created the mess by forcing the Fanny's into lower standards. I don't actually know the percentages that went to minorities. But I heard a bank stock analyst claim that many of the primary residence mortgages had been "cleared', the 'backlog" now, some 10 million, were second homes. That was probably also spin, for what purpose I don't know.


    Maybe that last part is the updated version of the cadillac-driving welfare queen, to flesh out a little more, for those who don't get it the first time, the substitution of this for welfare?


    Maybe so. These people couldn't even make one mortgage payment, yet they was speculatin on vacation homes.


    What a bunch of sarcastic f*cking cynics you all are!  Raise your hands now, if you've EVER bought into the notion that Adam Smith's Invisible Hand.  C'mon now!

                           

    Now raise your hands if you think it just might be time to retire his premise as a quaint theme of the economics of yesteryear (if then....)  And by the way, I do have a First Edition of Atlas Shrugged (Green cloth, black band w/gold lettering in VG+ condition, no dustwrapper, sorry) to sell.  I'm accepting bids.  Remember: proceeds go to save my house....


    In a recent reader review comment thread at amazon I was participating in, there was a guy, writing from a distinctly Randian point of view, who was being a complete dick had initiated incivility towards me.  I barked back at him, including a suggestion that he might want to go recite his daily passage of The Fountainhead

    He actually apologized--I had thought that never happens when someone is called on the internet for being a jerk--and later said he was more a fan of Atlas Shrugged

    It's not that hard to smoke these people out. 


    Guess you don't wanna buy my nice book, then; rats.  Okay, then; maybe I'll just give it to the Bank as an in-kind payment...Maybe I'll take a try at forging her signature...hmmm....

    Er, by the way, I wasn't intendig to conflate Rand and Smith above.  Just seemed silly to start a new paragraph....


    I'll trade you my signed copy of McCain's book. In 2000 I stood in line for two hours to get it signed, thinking at the time that he was an independent and a hero. His wife, wow, talk about ice behind the eyeballs.


    NO DEAL!  LOL!!! Mine's worth a few hundred bucks, more if I can forge well.

    Brrrr...yes, she is chilling.  I'll never think of McCain any way other than this:

    http://www.hulu.com/watch/1608/saturday-night-live-tv-funhouse---fun-with-real-audio

    (Gotta sit through the ad...)


    Ever wonder what Smith does with that Invisible Hand of his when he's not invisibly tweaking the market?


    Now you may have noticed Obey didn't weigh in on that question, eh?  He's obviously waiting for Quinn to say, "Down yer pants" or "holding Geithner's eyebrows up to his hairline".  Nah; he'd do better than that; Obey should have, too, IMHO.  Fallin' down on the job, there, PUG???


    Howzat? Better?


    Better, LOL!  Night, Q.  Er...how ya make Daffy's arm jiggle?  Invisible hand?



    "Now raise your hands if you think it just might be time to retire his premise" - Well, smartypants, how are ya gonna count'em if they're invisible, eh?

    Er....LOL!  (Grumble, grumble...always gotta be some fuckin' wise-ass geniuses doggin' my trail here, grumble.....)

    Go watch the McCain video; pee yer pants if ya gottem...then make me an offer on my book, diamond-boy.

    Egad; Tom Tomorrow weighs in:  LOL!  (NOt so Very Invisible, either....)

    (from Salon.com)


    LOL! For that book, I'll offer you 500 million dollars in AAA B of A Mortgage backed securities. Safe as houses. Promise. ... what book are we talking about again...? Does it come with a putback option?

    If not, I will simply sue the Title Insurers.  So there!  I heart BOA.  And Wells Fargo.  And Books That Hold Their Values, unlike Real Property (Where is Scarlett O'Hara's daddy now????)

    http://emptywheel.firedoglake.com/2010/10/21/fidelity-nationals-role-in-the-cover-up/

    I know many of you dis-admire (shut-up) FDL, but here is emptywheel on insurers, ha ha.

    I am so peeved that my last blog was so dissed here, I posted it at FDL, where I actually might get some comments, even if they say, "Hey; Crap Diary, Stardust."  It's far better than being ignored like here.


    Sorry Stardust that I didn't play on that thread. As you know, I've pretty much said all I have to say about ethics and God elsewhere... I really liked your blog!

    Apology accepted, though it really wasn't about God; it was about a possible, unapologetically new road for Democratic politics about government Doing Good for all Americans.  Ah, well...  Did you at least watch the Smigel cartoon?  Took me forever to find it...


    "Safe as houses!" I hadn't thought about how ironic that now sounds. Thanks.


    Free Market Capitalistic Spam at work; thank you for the kind lesson we so needed.  I'd like one Buffy the Vampire Slayer, please; could you super-size it?


    Destor, I remember very distinctly, after hearing the Santelli rant last year and trying to parse the aftermath, thinking to myself, "Christ, do we hate each other this much?"  I don't say that lightly.  Think about what this all means for our culture: We live in a time and place when people will be absolutely incensed at the idea that one of their neighbors might see some upside from some poor decisions, then they'll turn around and tell you with complete sincerety that i-bank bonuses are legitimate merit pay.  "Pathological" might be the beginning of an attempt to describe it, but at this point I'm more or less comfortable (if that's even a word that should be applied to this situation) to say that our culture has gone totally fucking rotten on a very fundamental level.

    Add to all of this that America is supposed to be the most religious country, by self-identification, on the planet and that the religion of choice, Christianity, supposedly preaches forgiveness and charity as its key tenets... well, it's madness.


    I agree.  We are all on this earth together and we need to relize that.


    If our culture is a psyche, I'd say that "pathological" is right, and a treatable condition.

    If our culture is a fruit, I'd say you're right and it's "rot" and... well... you can't treat or reverse rot, can you?

    The big question is (and I am glad you brought this up because this is really why I posted) is, "are we sick, or are we dying?"

    I dunno.


    I'm gonna pick door B.  Hope I'm wrong.  Some thoughts on the dismantling of property rights via the current machinations of the banks in the mortgage crisis and its effect on the country and probably the world.  Thanks for a great post Destor.


    If it makes you feel any better, all evidence points to Santeli's rant being pre-scripted by mega-millionaires. Maybe it's because I don't have television myself, but I'm always amazed when people take what is put on that boob-tube at face value.

    My impression is that they are SELLING this to Americans, not getting it from Americans.

    I think we are neither sick nor dying (to speak to Destor's query). I believe we're being poisoned.


    Mr. Destor, for such a flamboyant dresser you sure are depressing.

    I don't think the average person is represented in the media. The media are motivated to create the impression that everyone would be up in arms over it - so the politicians keep letting banks kick everyone out.

    Media isn't reality. They hate *us* and love our big companies ... because they ARE big companies. And they do not wish us well at all. If the banks make money ... they make money. More importantly, if the banks have to eat the toxic shit they turned our housing market into - they LOSE a ton.

    {sigh}


    Banks are a moral hazard.


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