What ever happened to that pile of toxic assets that the banks were sitting on?
Wall Street Journal reporter Michael Rapoport took a look at that the other day.
But banks still hold plenty of the bad assets that once spooked investors: mortgage-backed securities, collateralized debt obligations and other risky instruments. Their potential impact concerns some accounting and banking observers.
In part due to those bad assets, the top 10 U.S.-owned banks had $13.8 billion in “unrealized losses” that have lasted at least a year in their investment portfolios as of Sept. 30, according to a Wall Street Journal analysis.
And:
One problem centers largely on “Level 3” securities, illiquid investments that can’t be easily valued using market prices. According to the Journal analysis, as of Sept. 30, the top 10 banks had $360.7 billion in “Level 3” securities. That amounts to 42.6% of the banks’ shareholder equity, a pile of assets whose value is hard to verify.
The Journal is good to point out, too, that these assets are valued at what the banks say they’re valued at. In other words, they’re marked to myth.
&mdash The Associated Press’s Michelle Conlin takes a look at the demise of Florida foreclosure king David J. Stern, profiled so vividly by Mother Jones last summer.
What’s particularly of interest to us is this somewhat tossed-off quote from a Legal Aid source:
“There’s a David Stern in every state, sometimes more than one,” says Jacksonville Legal Aid attorney April Charney, who has successfully stopped foreclosure for hundreds of Florida families.
Charney may not mean there’s somebody who’s done exactly what he’s done. I’m guessing she means that since laws differ from state to state, that there’s a foreclosure processing mill in each state—probably not as bad as Stern’s, but it sure seems like a good story for metro business reporters.
So who processes the foreclosure filings in your state?
— Speaking of, the Financial Times reports that the SEC is ” homing in on the question of whether investors were misled about the home loans used to back securities.”
Hey, we’re coming up on the fourth anniversary of the CDO bust. But better late than never.
While declining to discuss any investigations, (The SEC’s Kenneth) Lench highlighted areas that could be of concern: “Were representations relating to the transfer or documentation of mortgages into the loan pools accurate? Did activities such as ‘robo-signing’ contradict those representations? Were disclosures to investors regarding the quality of the loans in the pools accurate?”The same issues are playing out in private lawsuits filed in courts around the country in an attempt to get banks to repurchase faulty home loans.
Yves Smith adds some analysis and an interesting bit of media criticism:
It’s worth nothing that only the Financial Times seems to be carrying this story (yours truly did check on key word variants in Google News and came up empty-handed). They also deem it to be worthy of front page placement. This is only an isolated sighting, but one of the features of the runup to the financial crisis was an ongoing news disparity between the Financial Times and US business press, particularly the Wall Street Journal. The FT would pick up on stories that seemed important and were too often either completely ignored or reported by the American financial outlets only in in a selective manner. So if we see more bypassing of inconvenient news by the usual suspects in the US, take heed.

Why, if the banks took all the TARP money, were these toxic assets allowed to stay on the banks books. Where is THAT regulation. But instead they are selling all the toxicity and still foreclosing on an asset that was written off. Why are they demanding FULL mortgage from homeowners on TARP assets?? I am so horrified at our government. Our government is so crooked and so full of chronic toxin lies. They are all pathological liars. This is pathetic. Lynch is a perfect name for the SECOND leader. Do u suppose he made up that name? Do we have anyone honest left in leadership In this country? Right now; seems like everyone in authority is either in on the take or retarded. Debi
#1 Posted by debi, CJR on Thu 10 Feb 2011 at 08:11 AM
The key to understanding the push to foreclose and the depth of fraud in the "robo-signer
http://www.huffingtonpost.com/l-randall-wray/post_1440_b_797563.html
as are all the econ bloggers on neweconomicperspectives blogspot site.
(Read all three parts, they're linked in the beginning of article 3 above)
The problem is you have loans that were sloppily processed and fraudulently filled in order to rush them through for the wall street securities chop shops. The record of ownership was kept at the industry run registry in order to scam counties out of transfer of ownership fees.
The reason why this was necessary is because when we talk about home ownership, we are talking about two properties. There's the house, which is owned by the purchaser, and there's the debt, which is owned by the lender.
That debt is attached to a note for the property which allows the holder of the debt to foreclose on the property for failure to meet the terms of the note agreement.
Things are very simple when the lender holds on to the note and the owner holds on to the house, but in the shadow bank world the mortgage broker sells the note to wallstreet chop shop, the chop shop fences a few thousand bundled together on the market, and each of these transactions require a change of ownership of the note. Each change has to be registered in the city which cost a fee. These little fees add up as the cdo's get bought and sold in the churn of the market.
So, to make is easier to move the shells around, MERS acts as the proxy owner. The right to collect payments from the debt moves around from security owner to security owner and those changes are recognized in MERS's little database, but MERS is "the owner" when it comes to questions of "Where's all the city fees this shell game is supposed to be incurring?"
Mr Banker: "MERS is the owner. Says so in the city registry. *sinister smile showing gold plated teeth*"
There's only one glitch in all this. These playboys put MERS on the city registries, but they didn't give MERS the notes.
And since there was sloppy work and fraud in originating the notes, you can expect sloppy work and fraud when it came to retaining notes.
Therefore what were these securities being sold here? What's the point of being listed as "the guy who gets the mortgage payments" if the security you're sold doesn't contain the paperwork establishing your claim nor the right to foreclose once those payments stop?
That's fraud and in the case of fraud you can tell the Wallstreet shadow bank to buy back those securities and/or sue. The banks are desperate to wrap up and foreclose on these delinquent mortgage deals before investors wise up and demand buybacks, like freddy and fannie did with Ally Financial:
http://www.businessweek.com/news/2010-12-27/ally-settles-fannie-buyback-demands-for-462-million.html
who had robo-signer, Jeffrey Stephan, and David Stern working feverously on see-no-evil speak-no-evil foreclosures before they got caught.
All the banks participated in look-the-other-way mortgage origination, they all played the shell game with MERS acting as the placeholder, the documentation is shoddy and/or lost, and there were few states unscathed.
There is a David Stern in every state because there has to be in order to foreclose without the notes.
If you had a system that encouraged endemic crime, you'll need people to clean it up. And those people will be required to commit endemic crime.
fraud in, fraud out.
Or as Wray puts it:
"In any
#2 Posted by Thimbles, CJR on Thu 10 Feb 2011 at 12:30 PM
I don't know why the comment software ate the first part of my post but, from memory, it was supposed to say:
"The key to understanding the push to foreclose and the depth of fraud in the "robo-signer / foreclosure mill" relationship is MERS. Randall Wray is essential reading on this subject"
For making me type that out twice, here's a video and transcript of an interview with
http://neweconomicperspectives.blogspot.com/
blogger, William Black, discussing the FCIC report.
http://www.therealnews.com/t2/index.php?option=com_content&task=view&id=31&Itemid=74&jumival=6189
#3 Posted by Thimbles, CJR on Thu 10 Feb 2011 at 12:40 PM
My refinance was included in Citigroup Trust no longer reporting to SEC. I read the PSA and found the answer as to why, when I was already contracted with one enitty, WF pulled my credit report and obtained a RELS appraisal. The entity I was dealing with obtained an appraisal ($170,000.0) for my 952 sf 1920 bungalow. I disagreed with this figure and obtained my own ($165,000.00) which showed me as having a pool (not) and comparables with attached garagess (obviously a + in vlaue as stated on appraisal report $5,000.00) I do not have an attached garage (so my own out of pocketappraisal is inflated). Ahhhh but when I requested the first appraisal from WF, one of their employees (most likely a temp with no experience) sent me the appraisal WF obtained ($186-$202,000)consisting of 3 pages with way too much information missing on comparables and my own home. Knowing I can do online land reords search where I live, I did and filled in the blanks. Not much to my surprise already knowing this appraisal wa inflated, a 2 family home with 1900+ sf was used as a comparable to my 952 sf bungalow). WF, in writing stated that the appraisal they obtained was for lending purposes only yet the PSA states WF/Servicer was to obtain an appraisal specifically through RELS or one of its affilates. I know their appraisal was to decieve investors buying up the 79 Certificates of the Trust, without a doubt.
BTW, Wells Fargo refuses to answer why they pulled my credit report and why the appraisal was obtained prior to closing, I wasn't obtaining my refinancing through them. They even refuse to respond to my request of written proof I gave them permission or on what day and to whome I gave permission to verbally
Its been over a year dealing wth WF for answerss. I have all kinds of evidence that I will be sending to all propre RE governing agencies, consumer protection and our attorney general, happily supplying a copy to WF to give them a heads up.
Who said the unemployed are lazy wasting their time online in social networking and chatrooms LOL
#4 Posted by Kim, CJR on Thu 8 Sep 2011 at 05:12 PM