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Every U.S. state except one launched a joint investigation into the mortgage industry Wednesday, a move some experts fear will cause uncertainty and threaten the recovery of the housing market.
The 49 state attorneys general are investigating allegations some banks used shoddy paperwork to kick struggling borrowers out of their homes during a foreclosure crisis that is one of the most visible wounds of the 2007-2009 recession.
The mortgage is still owed, but there's going to be a problem figuring out who actually holds the mortgage, and they would be the ones bringing the foreclosure. You have a trust that has been getting payments from borrowers for years that it has no right to receive. So you might see borrowers suing the trusts saying give me my money back, you're stealing my money. You're going to then have trusts that don't have any assets that have been issuing securities that say they're backed by a whole bunch of assets, and you're going to have investors suing the trustees for failing to inspect the collateral files, which the trustees say they're going to do, and you're going to have trustees suing the securitization sponsors for violating their representations and warrantees about what they were transferring.
If this were to come to pass -- and plaintiffs lawyers will certainly be eager to show that their clients were paying the wrong mortgage holders -- the value of all instruments (including the performing ones) could plummet.
Originally posted by IamCorrect
I wonder why the attorney general of Alabama didn't choose to join the other 49 states in an investigation ....
I am asking for your attention again because of the depth of the fraud and now the size of the securitized mortgage debt OTC derivative pile of garbage that is in the trillions. This entire mountain of weapons of mass financial and social destruction is now in question. I have been telling you this for more than 2 years since the manufacturers and distributors of this crap were called by the NY Fed due to the loss of control over the paperwork.
..........
Securitized mortgage debt is going to be the final shot that kills all kinds of financial entities in the Western world. The biggest holder of this putrid junk is pension funds.
Originally posted by fraterormus
When it comes to investors and the public suing, these companies will be offered the same securities fraud protection that was recently extended to Fannie Mae and BoA.