The Miami Herald has found the perfect anecdote for the foreclosure scandal, the mortgage crisis, and how both are two sides of the same coin. It’s a stunning story about how a woman refinanced her home to get $50,000, wound up getting defrauded at every turn, and is set to lose it to the bank.
Here’s what reporter Toluse Olorunnipa found digging through Imogene Hall’s court records:
• Johnson Cuffy, a former mortgage broker now serving an 11-year prison sentence for grand theft, handled Hall’s refinancing in early 2006, using a strategy a state investigator described as “outright mortgage fraud.” He faces up to 30 more years in prison if convicted of 16 other mortgage fraud charges he’s facing.
• The title agent who signed the crucial deed transfers that Hall’s fraud claim rests on operated an unlicensed title company that stole more than $1.5 million from South Florida home buyers during closing proceedings between 2005 and 2007, according to Florida Supreme Court records.
• A man who listed his employer as a nonexistent Blockbuster Video store in New York somehow used Hall’s home as collateral to secure a $230,000 loan from subprime lender Argent Mortgage.
• Hall’s foreclosure was processed by the Florida Default Law Group, one of four Florida law firms being investigated by the state attorney general for using flawed documents to repossess homes from thousands of owners.
Oh, that’s not all:
Hall’s foreclosure defense lawyers, in what has become a booming — and sometimes predatory — business, charged her more than $20,000 while regularly failing to show up in court. One lawyer charged Hall $2,800 for work he did trying to withdraw himself from the case.
That’s not all, either. There are inflated appraisals, door-to-door refinance salesmen, rocket-docket judges, egregious fees, theft—all facilitated by the finance industry’s imperative to get junk loans to create toxic securities to sell to investors. It’s all put together seamlessly by the Herald. This is superb journalism.
If there’s a quibble, it’s that the paper doesn’t follow the fraud up the chain enough. It namechecks the lender as Argent Mortgage. What’s that? A unit of Roland Arnall’s Ameriquest, one of the slimiest, most predatory subprime lenders. The investigative journalist Michael Hudson calls Arnall the “one figure that did more than anyone else to grow the subprime market, and grow it into the monster that it became.”
A couple of paragraphs on Argent/Ameriquest would have gone a long way in making this story even bigger. But it’s still a gem.
Next week, global giant Deutsche Bank will be taking over the $80,000 home of a Jamaican immigrant home health aide defrauded by a system it helped create.
Now, I suppose it’s possible that Ms. Hall is just the unluckiest homeowner in the world, the Herald just happened to find her, and her story isn’t really representative of the utter corruption and criminality of the mortgage system.
Somehow I highly doubt it.
— Further Reading:
Boiler Room. The business press is missing the crooked heart of the credit crisis
Power Problem. The business press did everything but take on the institutions that brought down the financial system.
Audit Interview: Michael Hudson. “We’re in a battle now to define what happened.”
There's something missing here. Why did she refinance to get $50,000 and what did she do with the $50,00?
Most con games depend on a greedy victjm.
#1 Posted by barney kirchhoff, CJR on Wed 24 Nov 2010 at 06:00 PM
Barney, you gotta read the story. The "why" and what she did with $50k is in the lede. Doesn't matter what she did with it, though, since she got foreclosed on despite making her payments.
#2 Posted by Ryan Chittum, CJR on Wed 24 Nov 2010 at 06:54 PM
Darned good story. I'm inclined, however, to buy into the notion that sleazy characters aren't so much to blame as an economic and financial system that inevitably leads (again and again around the world and through history) to repeated collapse along these lines that, in the remedies applied, most burdens those who have been most victimized.
Though the Herald story doesn't say so, the story tilts us in that direction, toward that conclusion. When malfeasance so thoroughly permeates a system, the next step is to blame the system itself rather than the actors.
And the step after that is to get rid of the system.
#3 Posted by pelham, CJR on Thu 25 Nov 2010 at 11:01 AM
Have you read Taibbi's coverage of the foreclosure process in Florida?
http://www.rollingstone.com/politics/news/17390/232611
Brutal. So far, the best sum up of the problem I've read is by Randall Wray of the New Economics Perspectives Blog:
http://neweconomicperspectives.blogspot.com/2010/11/support-representative-kapturs-bill.html
"The next shoe that dropped was the recognition that the foreclosures, themselves are fraudulent. Heck, it wasn’t enough that banks are foreclosing on the wrong debtors, sometimes with two banks competing to foreclose on the same owner--they are also foreclosing on homeowners with no mortgages, who own their homes outright! Banks were caught hiring professional fraudsters to manufacture documents, including the “wet ink” notes that are required to prove that one is actually a creditor. Mere document forgery is not bad enough as bank management lies in court—committing perjury: they claim to have misplaced documents, lost them, cannot find them, looking for them, dog ate them, accidentally sent them through the wash. You know the drill if you have ever taught a class of freshmen.
Yet, all is said to be in order—Bank of America claims to have reviewed its foreclosures and could not find a single improper action. After all, the homeowners are clearly deadbeats who are not making payments. A bunch of borrower fraud by clever high school dropouts that duped the nation’s most sophisticated “big boy” banks. Can the banks prove that? Uh, no, they have not kept adequate records to prove who owes what, who owns what, and who has paid what to whom. But they are sure the docs will show up, as soon as the banksters can forge them...
MERS seemed to offer the perfect instrument for fraud, with its motto “process loans, not paperwork”. The Florida Mortgage Bankers Association admits that its members purposely destroyed the notes on the belief that electronic registry was sufficient, more modern, and carried no paper trail. Banks all over the country “misplaced” damaging documents, fed them to dogs and shredders, and then replaced them with conveniently more useful forgeries. Most notes were probably never transferred from the brokers—many of whom went bankrupt—putting mortgages and securities into a hellish limbo. Some reports indicate that fired workers took notes home as bargaining chips for back pay. They probably ended up lining bird cages and cat litter boxes. Can anyone say “clear chain of title”? In any event, who wants paperwork that might result in real jail time? Best to give it to the birds...
In response to this mess, Representative Marcy Kaptur (Ohio) is going to introduce legislation to prohibit Fannie and Freddie from buying new mortgages that are registered in MERS. Since there is virtually no activity in mortgage markets save what Fannie and Freddie are doing, this would effectively take away all new business from MERS...
Predictably, the industry has responded with an army of lobbyists who are spreading funds around Washington, hoping to buy the support that will be needed to protect MERS and the fraudsters. They want Congress to retroactively legalize everything MERS and the banksters did: legalize the avoidance of recording fees that cost counties billions of dollars; legalize the tax fraud that reduced Treasury revenue; legalize the illegal foreclosures; and legalize the securities fraud."
So it's Kaptur versus the bankers again.
Ryan, you once wrote "Every newspaper in every community in the country can do a MERS story—probably a really good one."
They should really start writing some, like soon.
#4 Posted by Thimbles, CJR on Thu 25 Nov 2010 at 06:50 PM
For more on the Marcy Kaptur, MERS war read here:
http://www.washingtonpost.com/wp-dyn/content/article/2010/11/18/AR2010111806137.html
The devils are still here:
http://us.penguingroup.com/nf/Book/BookDisplay/0,,9781591843634,00.html
#5 Posted by Thimbles, CJR on Thu 25 Nov 2010 at 07:01 PM
A half hour in, Taibbi and Sam Seder give the audio book version of the crisis:
http://majority.fm/2010/11/24/wednesday-november-24-2010/
#6 Posted by Thimbles, CJR on Thu 25 Nov 2010 at 08:24 PM
Please do read this book for more on Arnall and Ameriquest. This is excellent reporting and deserves a larger readership.
#7 Posted by Michael Hudson's The Monster, CJR on Fri 26 Nov 2010 at 09:44 AM
RICO these conspirators.
#8 Posted by Pantherq, CJR on Sun 28 Nov 2010 at 03:03 PM
The US housing and American dream has become a total nightmare - upside down. Americans are now entangled in a sphagetti style mess of underwater mortgages, foreclosure-gate, bank fraud, evictions, defaults and crashing home prices. This is the worst nightmare..how can people possibly live in their homes like that. Disgusting to say the least. On top of that you have loan sharks, lawyers, home lenders and govt agencies that are still out their trying to get you. A complete collapse of morality, values, ethics on top of the housing collapse.
#9 Posted by Non Broker, CJR on Mon 29 Nov 2010 at 01:43 AM
Greedy victim is irrelevant to the core scam. The scam was driven by the banksters. They drove the off balance sheet banking shadow system in the first place. I have written that it was because underwriting was pulled that all this was accomplished. And the BIS and Greenspan were pushing shadow bank loans at Basel 2 in 1998. In Feb 2004, Greenspan advocated a "better deal" with an adjustable loan. The private MBS were ramped up in late 2003. Greenspan knew this and he cannot plead ignorance. This ponzi was fostered by the central banksters. and we may as well face it. http://hubpages.com/hub/Foreclosuregate-for-Dummies
#10 Posted by Gary Anderson, CJR on Mon 29 Nov 2010 at 07:57 PM
Greedy victim is irrelevant to the core scam. The scam was driven by the banksters. They drove the off balance sheet banking shadow system in the first place. I have written that it was because underwriting was pulled that all this was accomplished. And the BIS and Greenspan were pushing shadow bank loans at Basel 2 in 1998. In Feb 2004, Greenspan advocated a "better deal" with an adjustable loan. The private MBS were ramped up in late 2003. Greenspan knew this and he cannot plead ignorance. This ponzi was fostered by the central banksters. and we may as well face it. http://hubpages.com/hub/Foreclosuregate-for-Dummies
#11 Posted by Gary Anderson, CJR on Mon 29 Nov 2010 at 08:01 PM
thank you Mortgage-Mod-Monster.com There has to be way to fight these animals that drove up home prices. i live in a county in florida that average salary did not keep up with the average home price. now we are allat risk of losing our homes because we cant afford these outrageous mortgages. when gas prices went up the summer of 2007 so did food prices and every thing els except salaries. now no one can catch up motgage appraisal fraud needs to be addressed by the state attourneys. why is it being left from mainstream. oh everyone i figured out why.......your going to love this when appraisals are done even if over valued and the mortgage is aproved because remember the bak is selling the mortgage they dont care. remember the property appraisers in all 50 staes never said a thing why...........is money in the coffers pocket. if a home rise 50k in just 5 months they love it more propert taxes for the county. this went on unchecked i all 50 states. so the we thought some one was watching the hen house but instead he was helping the fox get to the hens and steal our hard earned earnest downpayments. how could they let this happen to us why didnt any of these property appraisers say anything to the govenors. they just let prices of rise unchecked because let me hear everyone reading this at one time. MORE MONEY IN THEIR COFFERS. so now florida, and all other homeswoners are on the hook for the nasty deeds of these people. what goes around comes around. hopefully all us honest people who are bringing up good children will be helped before we lose our homes. please if there is some out there has read this please write your senetor, govenor, rep anyone that will listen we need help
#12 Posted by foreclosure goddess, CJR on Sat 4 Dec 2010 at 03:10 PM