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Fitch Puts Entire US Residential Mortgage Servicer Space On Negative Outlook Over Fraudclosure Concerns
What's that you say Bank of America and JPM, "it's all contained?" Hey Fed, it's not too late to add $8 trillion in MBS to QE2. On the other hand, now we know what QE3 will be buying.

Fitch Ratings-New York-04 November 2010: Fitch Ratings has assigned a Negative Outlook for the entire U.S. Residential Mortgage Servicer ratings sector on increased concerns surrounding alleged procedural defects in the judicial foreclosure process.
'Risks to servicers include cost to research and remediate any errors, additional fees and resources, potential penalties and reputational risk,' said Diane Pendley, Managing Director and head of U.S. RMBS Operational Risk for Fitch.
This industry-wide issue will cause all servicers to be under increased scrutiny from a wide range of state and federal regulators, state attorneys general, and GSE's. All servicers will be affected, even those fully in compliance with all foreclosure rules and regulations. This is due to the increased amount of time and manpower it will take to properly address the much higher level of oversight and inquiries that are received, as well as the anticipated additional court delays.
Fitch's Rating Outlooks indicate the likely direction of any rating change over a one- to two-year period and may be Positive, Negative, Stable or, occasionally, Evolving.
Fitch has received responses to its recent survey from all of its rated servicers regarding the servicers' specific internal procedures used to verify and execute foreclosure affidavits. All servicers have indicated that they are taking this matter seriously and have reviewed or are in the process of reviewing their internal procedures used to verify and execute foreclosure affidavits.
Approximately one-third of Fitch's rated servicers have completed their reviews of foreclosure processes and the accuracy of their foreclosure affidavits.
These servicers do not believe they will need to take any corrective action or make any changes to their current processes at this time. Some servicers have estimated that they will be able to complete their review within the next several weeks, while others are still unable to give a specific estimate of how long it may take to complete their reviews.
However, 'all servicers appear to be working towards quantifying and defining their position on foreclosures,' said Pendley. Therefore, Fitch expects all servicers will have substantially completed their internal reviews by the end of the fourth quarter.
Based on the research that the servicers have completed to date on these issues, all servicers generally maintain the factual accuracy of their affidavits.
However, some have found their procedures for reviewing, signing and notarizing foreclosure documents may require changes and corrective actions. Some servicers have announced publicly that they have halted certain foreclosure and liquidation actions until their reviews are completed.
Many servicers have also stated that they will be resuming the foreclosure and liquidation actions in identified jurisdictions as they complete their reviews and determine that their processes are adequate and any needed corrective actions have been taken.
Fitch has requested its rated servicers to provide estimates on the volumes and timeframes for submitting corrected affidavits when it is found to be necessary and as this information becomes available. However, the servicer's ability to resolve each corrective action at the local court level will create a wide variety of remedial steps and associated timeframes. 'Final resolution of the foreclosure affidavit concerns and the multiple resulting investigations, along with assigned ownership rights prior to initiating foreclosure actions, may not occur until well into 2011 and possibly beyond,' said Pendley.
Fitch has discussed with its rated servicers their ability to track and segregate the additional costs associated with taking any corrective actions.
If corrective actions are needed because of a servicer error, any increased costs should be borne by the servicers and not passed through to the trusts.
These increased costs may include legal costs to correct and file new or amended foreclosure documents and the increased carrying costs for the extended foreclosure and liquidation timelines.
Fitch may place an individual servicer's ratings on Rating Watch Negative and/or downgrade the ratings if the servicer does not diligently and timely review its processes and take immediate corrective action to remediate any foreclosure action or documentation failures. Fitch may take similar actions on a servicer's ratings if the impact of the additional costs that must be borne by the servicer significantly affects its financial condition. Until those conclusions are reached, the Negative Outlook on the sector impacts all U.S. RMBS servicers.
An increase in loss severities on liquidated loans from expected trend lines or any downgrades to servicer ratings may result in negative rating actions on related RMBS classes. As a direct by-product of the recent foreclosure issues, Fitch currently expects any negative rating actions on RMBS tranches to be limited largely to non-investment grade classes and tranches that currently have a Negative Rating Outlook. Additionally, Fitch does not envision RMBS downgrades to exceed a single rating category in most cases.
h/t Econotwist
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John Titor: Headline From 2012: "New York Stock Exchange Soars As Others Crash"
Quote
While markets across the world have been crashing, the New York Stock Exchange has being seeing record gains as citizens turn to equities to protect their money from the country's hyperinflation. The benchmark Industrial Index soared 257 percent on Tuesday up from a previous one day record of 241 percent on Monday with some companies seeing share prices increase by up to 3,500 percent. But before asian traders start packing their bags and heading west, they should bear in mind that these figures are just another representation of America's collapsing economy and are almost meaningless in real terms. USA, once a Global breadbasket, is staggering amid the world's worst inflation, a looming humanitarian emergency and worsening shortages of food, gasoline and most basic goods. Inflation is at 231 million percent, but some experts put it more at about 20 trillion percent.
Everyone expressed their dismay at the "gross economic mismanagement" by the USA government which has led to the collapse of the Global economy, however, the stock exchange was managing to survive despite the harsh environment.
repeat edit.
I wonder when the herd will start to head for the exits to capture their gains before the shit hits the fan once again, and you know it will.
Best be fleet of foot and index finger to sell in order to use the gains for survival in the near future. People will need the money soon enough.
We have minimal inflation now due to Helicopter Ben's printing. When the economy if fully trashed, the black hole of deflation is going to swallow EVERYTHING. Euphoria in the market is currently high after this intervention. It is going to change when the SHTF event finally occurs.
I know what you did in this comment. Good work!
Who could have seen this coming?!?!
I'm shocked, shocked I tell you to find continuing problems in the mortgage sector.
(Yes, yes thank you for that fourth bailout Uncle Sam.)
Someone needs to DO something.
Yes the situation is dire! Call the President! Alert the ...
Oh look it's lunch time. I'm favoring the veal today. Cheerio ...
Sorry Obamanation's on a day trip to India with an aircraft carrier group as escort....
http://www.ndtv.com/article/india/34-warships-sent-from-us-for-obama-vis...
...wonder what the cost will be for that two day visit???? I guess teleconferencing just doesn't carry the same effect as showing up in person escorted by 34 warships!
WOW, is that what calling in the troops mean?
That is absurd !!!!
Seems more like a show of force to strike fear and terror (oh, there's that T word again)
i just couldn't be any more shocked then you, dear.
don't you miss your "little man"?
forget, who is my "little" man?
don't do little men.
What's the possibility here that the starving States make the final desperate association that the TBTF banks are in fact raw steak ready to be thrown on grill?
i got the grill-Ø
you be bringin the Steak.
how about some extra "brill-o" with your "grill-o"
If the federal government is dumb enough to back them, why shouldn't states go after the easy money? Nothing other than a really roundabout bailout of the states. Of course, given that the only game in town in virtually any market is the government, either directly or indirectly, this is not really saying much...
Fitch giving a pre cursor for down grading far more Uncle Ben debt.
Once again Fitch you are ahead of the curve
Ditto.
Yeah, can some-one explain this to me...???
The whole point of rating agencies is for all of their smart people to see this stuff out ahead of the curve isn't it.
or am I just hopelessly naive?
</s>
On the other hand, they ARE out ahead of the curve of Moodys and S&P's
Does that count?
this is good for what, 7 to 10 points to the green on the S&P?
Market just a flat line today.
Servicer LPS back above 31.
MSM forgets about Fraudclosure.
Thrist for junk at 52 week high in HYG.
I must be dreaming...
Mortgage title insurance issuance and mortgage servicers, both are nuked. This industry is collapsing.
You'll buy your house by exchanging title for an ox cart, 3 goats, and a sack of flour. Spit and a handshake and it's your'n.
How about a goat, two ounces of Silver and one very worn out sheep in exchange for that new fangled Electric bike ya got thar?
Is the statement "the sheep doesn't kick" something to which a warranty could attach or is it just puffing?
You would think PMI providers would be obliterated. But they are still out there selling it.
Deal! Squared and third...
Charlie Bravo
where's Harry Wanker when you need somebody to wave the flag and claim that all is well?
He's in Detroit giving his resume to Pontiac execs.
The carpenters got all finished widening Harry's doorways only to find that his head had gotten yet larger so they had to start over.
You would think one of the carpenters could hand Harry's computer out the window to him though?
Good on ya mate.
jimi, i can't really tell what your sign is now. pony, unicorn over the rainbow?
Yours looks like a bad bayonet gut wound. Whahappened?
REALLY, you think?
it is my latest geisha mask. it is beautiful. lovely ribbons and japanese papers. my white geisha face on the left. i wish we had bigger photo's to upload on ZH. wish you could see it rocky. she is my best one yet. going to do some modeling, soon as she is finished. structurally.
does it come with foot binding?
no, but you need a sideways vagina to operate it
now i can't picture why i would need a sideways vagina. how do you know i don't have a sideways vagina?
how do you know i don't have a sideways vagina?
Because you're a human?
It was a joke about asian stereotypes...
never thought about that one master george.
Don't bother,
that's Chinese anyway...
From foreclosure, to disclosure to revelation, to re-evaluation, to revolution, to re-evolution.
I like the look of this bridge. It might yet take us to the other side.
Sectorial downgrades...methinks thins might be just the first in a flood coming.
ORI
http://aadivaahan.wordpress.com
your keyboarding sounded like fun creation, O R I
Thanks Kathy. :-) Glad you liked it.
ORI
It should be called Quantitative sleazing. The sleaze bags are stealing our kids' futures.
Perhaps other children's futures. I've been taking out er... Insurance.
WTF? Fitch is all of a sudden a true believer in the Rule of Law (ancient belief). BTW, do they rate law firms.
"alleged procedural defects" my fat ass!
it was criminal rico-style fraud through and through....you lying assholes!!!!
http://www.zerohedge.com/article/another-nobel-economist-says-we-have-pr...
FBI capture . . .
Fitch makes S&P look like Moody's. (that was an insult btw)
Pinocchio is back.
Betcha a lot of this POMO money goes to FIRE to pump/ prop them hoping to kick the can and so they don't have to do secondarys
All is well. CNBC just reported that all the big bank put-backs are "manageable".
There, you all can go out golfing this lovely afternoon.
"Risks to servicers include cost to research and remediate any errors, additional fees and resources, potential penalties and reputational risk,' said Diane Pendley, Managing Director and head of U.S. RMBS Operational Risk for Fitch."
Pendley forgot to mention two other risks. First, the risk that current homeowners with mortgages that were securitized wake the fuck up and realize there's no reason whatsoever to keep making monthly mortgage payments to any servicer unable to produce the original promissory note. Not only that, the servicer is on the hook for past mortgage payments, to which the servicer wasn't entitled upon securitization.
Second, that previous homeowners who were foreclosed on wake the fuck up and realize that the foreclosure judgment is void as a matter of law and thus subject to collateral attack in future lawsuits grounded in fraud.
Just sayin.
On your first part, you need to back up the horse. Homeowners are almost certainly legally obligated to continue paying on their notes/mortgages. The original document is not a necessity for imposing liability... and the servicer is not on the hook for any past payments... The only time the servicer would be on the hook is if the real holder/mortgagee sues the servicer to collect the payments because there was never any agreement for that entity to act as servicer. The big difference here is that it's not the homeowner's money... it's the holder's... whomever that might be.
In order to establish that you don't have to pay, you'll need a cause of action, damages, and some sympathy... a homeowner looking to strategically default has none. You make the promise, you abide by it. Very big difference between a non holder fraudulently foreclosing on a home and a homeowner attempting to strategically default... completely different ballgames.
On your second point, it will vary by jurisdiction, but you're spot on with the potential issue... going to be a bitch to sift through...
You are flatly incorrect, and in need of a remedies lesson.
How is it that a servicer without a note will foreclose on a homeowner who's calling said servicer's bluff? Answer: foreclosure proceeding in court (in 23 states). Problem: servicer can't show note. Result: court lacks jurisdiction, case dismissed.
With what in that chain do you take issue?
It was repeatedly stated by me that there is a large difference between using lack of privity/failure to bring suit by the real party in interest/lack of standing to defend against a foreclosure action and using those things as a sword to stop making payments, i.e. strategically default. I do not disagree with the statement insofar as it applies to foreclosures. Clearly, if you cannot prove you have a lien on the property, foreclosure is not likely to occur.
On why the servicer would owe back payments, I'd recommend googling "unjust enrichment", and if that fails to elucidate, tack on "equitable remedy".
Try recision based on fraud through TILA or RESPA, dipshit. Recision becomes effective when fraud is discovered. Servicer on hook for all prior payments, fines, legal fees, punitive damages and possible jail time.
Maybe some study of the relevant laws would temper your opinion somewhat.
Recision, bitchez!
That's pretty strong language from someone who can't spell rescission, fuckhead.
Also, explain how in a civil proceeding a party ends up in jail. Perhaps a study of rudimentary civics would curb your dementia. You aren't ready for law, twit.
statutes can provide for both criminal and civil penalties...
Also, it's very easy to end up in jail in a civil proceeding, just call the judge's mother a whore and see what happens.
The "relevant laws" here are called standing and jurisdiction. As in servicers don't have the former, nor courts the latter, in any foreclosure action absent an original promissory note.
You're not disputing that, correct, nozzle?
The homeowner will not recover any payments made to the servicer, presuming the servicer has no right to those payments. First, the servicer is simply a middle man and has no right to the payments anyway; the servicer is merely a trustee for the money.
Second, you have to look at how these lawsuits will progress: (a) homeowner sues servicer alleging servicer has no right to collect the payments; (b) servicer either produces assignment documents/contracts or produces a copy of the original note/mortgage that contractually prohibit homeowner from questioning assignment; (c) presuming servicer cannot produce any of the documents or cannot rely upon contractual limitations, the servicer then files a third-party suit against the entire chain of title; (d) the court then makes a determination as to the correct party to collect the payments, which creates a binding precedent for the homeowner moving forward as to who to make the payments to; (e) presuming the court determines the servicer is not entitled to collect the payments, the servicer pays the party the court determines, all of the payments the servicer has collected from the homeowner; (f) the homeowner keeps making payments (you do not get to unilaterally decide that your note/mortgage are no longer valid... nor is that the issue before the court).
Third, unjust enrichment is generally not available when there is a written contract covering the controversy, e.g. when the homeowner executes a note and mortgage. In other words, part of seeking the court's equity jurisdiction is alleging you have no adequate remedy at law (hint, sue the original mortgagee/lender). Further, how would the homeowner not be unjustly enriched when the homeowner gets a home without paying for it? The homeowner can't eat his cake and have it too.
Fourth, I suspect the issue of waiver/laches will play a significant role in the proceedings, given the homeowner has been making payments to the servicer for many months/years. Why the impetus now all of a sudden to start asserting your rights? I think it's a fair argument to allege the homeowner has slumbered on those rights (the ability to question the assignees/servicer of the note). This may also pose an impediment to other equitable remedies for the homeowner.
The securities side is a totally different ballgame and I'm guessing it will make ripples in the fabric of our financial time. However, the property law issues are fairly straight forward and homeowner plaintiffs, seeking to strategically default and get the court's blessing for doing so, will not be afforded the same success as those seeking to invalidate fraudulent foreclosures...
http://www.zerohedge.com/article/another-nobel-economist-says-we-have-pr...
and on that downgrade, Bernanke shows his 4 Aces and says banks can raise their dividend.
I hate that fuck!
What is a Fitch?
A little bird I believe.
or...
a small stave of wood.
Why don't you come buy my mortgage? Hell...come buy my house. I will mark it to fantasy, just like the banks have done. $1 million and it's all yours Ben....
Come on...I dare ya. I promise to spend as much of that money as you give me..
Agreed. If the QE money was spent paying off people's mortgages it would make the lenders whole, reduce the GSE issues, and boost the economy. None of it is "real money" anyway.
You don't understand. The greedy fucks want the money AND the collateral.
Good enough news to leverage BAC & JPM up 5%.
And one of the goonzi 3 stooges of rating agencies in bed with our banksters now cries the chit stinks!!?? BSing of the MBSing! Take'em all out for a new rope factory tour under the guise of western justice system!! Let God sort out the rat basturds!! Besides that I think the goonzi paper crowd is a swell bunch of piled up chit!!
Sorry, this announcement is a 100% pre-arranged setup for the benefit of Obama. They're trying to make the potential disaster look horrific so Obama can be painted a hero when he signs a new version of the bill that "deems" all mortgage and foreclosure paperwork to be lawful, legal and legit... even though it overtly and massively breaks the laws.
This also offers cover for Obama, who can say to anyone who complains, "look how bad the harm would be, when all these companies get rightly downgraded (oh my!)".
This is an obvious self-serving for both Obama and Fitch.
Can't you smell an obvious setup, folks?
Your comment is so blatantly ignorant it doesn't deserve a reply, but since I junked you, I guess I'm obliged to tell you that you're $600-900 billion wrong.
Didn't you get the memo? Obama is persona non gratia.
And which memo is that?
Don't say the elections... Obama and Bernanke still pull the levers for another 27 months... at least.
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Your comment is so blatantly ignorant it doesn't deserve a reply, but since I junked you, I guess I'm obliged to tell you that you're $600-900 billion wrong.
Didn't you get the memo? Obama is persona non gratia.
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