Foreclosure statistics, like all numbers, fail to convey the human misery involved. If “irresponsible borrowers” caused Florida’s crisis, well, no one would look to the Attorney General for action. What does law enforcement have to do with irresponsible borrowers? But that’s not what happened–banker fraud and gambling wrecked the housing market. And now the banks are resorting to document fraud to process the millions of foreclosures their earlier bad acts set in motion.
“I will only have the very best, most skilled people on the job; those who embody the highest standards of ethics, responsibility, professionalism, and performance,” Bondi wrote. “These two staff attorneys clearly and repeatedly failed to measure up to these standards.”
With all the evidence, where is Florida’s lawsuit against LPS? Nevada had to take the bull by the horns since you couldn’t. Speaking of “ethics, responsibility, professionalism, and performance” … NEXT!
Sun Sentinel-
An independent report released Friday cleared Attorney General Pam Bondi‘s office of any wrongdoing in the May firings of two lawyers in her South Florida office who were nationally recognized for exposing foreclosure fraud and unsavory mortgage lending practices.
The long-awaited report from Chief Financial Officer Jeff Atwater‘s office said no laws or policies were violated in the dismissal of Theresa Edwards and June Clarkson, who had argued that their firings came down to politics, not performance.
“A review of the circumstances surrounding the termination of Edwards and Clarkson, along with the information gathered during this inquiry, did not warrant initiating a formal investigation into a potential violation of law, rule or policy,” the report says. “During the course of the inquiry there was no specific allegation of wrongdoing made by any person, and no discovery of evidence of wrongdoing on the part of anyone involved in the matter.”
The Foreclosure Crisis: As California’s AG Issues Subpoenas, Florida’s AG Quits Worrying
This Week on the Florida Senate Democratic Update
Tallahassee — In the ongoing foreclosure crisis, California and Florida have a lot in common when it comes to the high number of people caught in its grip, but that’s about where the similarities end. California’s attorney general has been aggressively pursuing banks and lender service companies, recently issuing another round of subpoenas in her drive to pursue criminal and civil charges on behalf of victims of mortgage fraud and other unscrupulous foreclosure practices.
In Florida, Attorney General Pam Bondi took a decidedly different track. Not only did she move to protect financial companies from criminal prosecution, but fired two of the most aggressive attorneys in her agency pursuing mortgage fraud shortly after taking office. News of the ouster prompted a flurry of activity to justify the abrupt dismissals, with the attorney general apparently more concerned with her own well being than that of victimized homeowners. “I can finally go to sleep now and quit worrying about how these women will attempt to destroy me,” Bondi confided in one late-night email.
This week on the Florida Senate Democratic Update, Senator Eleanor Sobel (D-Hollywood) talks about Florida’s approach to the foreclosure fraud crisis, and the firings of June Clarkson and Theresa Edwards. Three months after Bondi’s request to a fellow Republican Cabinet member for an “outside” investigation of the dismissals, Senator Sobel is still waiting for answers.
You should know by now that no one and I mean no one is coming to the borrowers rescue, even after all the fraud, after all the robo-signing… No one has tried to put a stop to this fraud.
A simple halt to investigate and an examination of the documents would easily demonstrate the massive fraud happening to titles to real estate. Each day that goes by, families continue to get evicted.
But NO.
PERIOD.
END OF STORY.
Palm Beach Post-
Florida Attorney General Pam Bondi’s effort to play catch-up and clear her name following the revelation that her office fired two highly praised foreclosure fraud attorneys suggests that she is more concerned with her image than her job.
In July, The Post’s Kim Miller broke the story of the firings, which happened in May. On Tuesday, Ms. Miller reported on emails related to the firings. In one, Ms. Bondi responds to a statement detailing that June Clarkson and Theresa Edwards were fired because of “shoddy legal work” by saying, “I can finally go to sleep now and quit worrying about how these women will attempt to destroy me.”
In another email, Ms. Bondi wrote that she learned about the firings during a “two-minute phone call” and that she “did not even know the details, nor should I have needed to know.”
A few email discussions of the FL AG’s office that show what went on behind closed doors. Go thru them and thanks to Foreclosure Hamlet for these gems.
Earlier this year, the Florida Attorney General’s Office was in the midst of a pull-no-punches investigation into foreclosure fraud.
Investigators were exposing rampant abuses. They’d netted a $2 million settlement from one company. And they were gunning for more.
But then in May, two things happened:
First, the “special counsel” to Attorney General Pam Bondi left to take a high-level job with one of the very companies the office was investigating.
One week later, the investigators were forced out of their jobs, told late on a Friday afternoon that they had 90 minutes to decide whether to resign or be fired.
An Orlando lawmaker wants two former state foreclosure investigators reinstated if performance evaluations he has requested reflect high rankings for the duo.
Democratic Rep. Darren Soto sent a public records request Wednesday to Florida Attorney General Pam Bondi, asking for evaluations and documents related to the forced resignations of Theresa Edwards and June Clarkson.
The two former assistant attorneys general had been the lead investigators on the state’s foreclosure fraud cases, but were abruptly told in May to resign or they would be fired.
Office of Attorney General
State of Florida
The Capitol PL-01
Tallahassee, FL 32399-1050
Re – Public Records Request for Documents Related to Termination of Theresa Edwards and June Clarkson
Dear Madam General,
It has come to my attention that two assistant attorney generals, Theresa Edwards and June Clarkson, were recently terminated by your office for poor performance. However, public records indicate that these terminations occurred while they were in the midst of successful mortgage fraud litigation and in spite of prior successful reviews. As a member who represents an area ravaged by foreclosure fraud, these terminations present an overwhelming public concern.
REQUEST IS HEREBY MADE pursuant to Public Records Act, Chapter 119 of the Florida Statutes that your office provides me with any and all records related to job performance of Theresa Edwards and June Clarkson within the past 3 years. Please also provide a list of all case numbers for all currently active cases managed by Theresa Edwards and June Clarkson for your office as well as the amounts of any settlements occurring within the past 3 years in any cases managed by Theresa Edwards or June Clarkson along with corresponding case number.
If you have any questions or comments, please do not hesitate to contact my office. Thank you in advance for your attention to this matter.
The White House isn’t saying much about whether Harvard law professor and consumer advocate Elizabeth Warren will be named to lead the new Consumer Financial Protection Bureau.
But the head of a key banking industry group believes it will happen soon.
Camden Fine, president and chief executive of the Independent Community Bankers of America, said Monday that he sees a “better than even chance” that President Barack Obama will nominate Ms. Warren to lead the new bureau.
The law would create an “alternative foreclosure procedure” that lenders could impose on owners of non-homesteaded properties with values far below their mortgages or properties the lender deems to be abandoned.
Under the proposed procedure, delinquent owners would waive their rights to defend the foreclosure, allowing the lender to more quickly obtain a summary judgement to auction the property.
The owners would have 30 days from the date of the foreclosure filing to opt-out of the streamlined procedure. If they do object, the owner would have the right to fight the lender.
The piñata sat alone at the witness table, facing the members of the House subcommittee on financial institutions and consumer credit.
The Wednesday morning hearing was titled “Oversight of the Consumer Financial Protection Bureau.” The only witness was the piñata, otherwise known as Elizabeth Warren, the Harvard law professor hired last year by President Obama to get the new bureau — the only new agency created by the Dodd-Frank financial reform law — up and running. She may or may not be nominated by the president to serve as its first director when it goes live in July, but in the here and now she’s clearly running the joint.
And thus the real purpose of the hearing: to allow the Republicans who now run the House to box Ms. Warren about the ears. The big banks loathe Ms. Warren, who has made a career out of pointing out all the ways they gouge financial consumers — and whose primary goal is to make such gouging more difficult. So, naturally, the Republicans loathe her too. That she might someday run this bureau terrifies the banks. So, naturally, it terrifies the Republicans.
Testimony of Elizabeth Warren Special Advisor to the
Secretary of the Treasury for the Consumer Financial Protection Bureau
Before the Subcommittee on Financial Institutions and Consumer Credit
Committee on Financial Services
United States House of Representatives
Wednesday, March 16, 2011
The current economic crisis began one bad mortgage at a time. Mortgages that promised investors huge profits for low risks were the raw material of the securities that contributed to the near collapse of the worldwide economy. Irresponsible lending that encouraged people to buy homes with no realistic hope of ever paying off their loans has now led millions of families into foreclosure and bankruptcy. If there had been just a few basic rules and a cop on the beat to enforce them, we could have avoided or minimized the greatest economic catastrophe since the Great Depression. In the future, the new consumer bureau will be that cop.
FULL TESTIMONY
OHIO ATTORNEY GENERAL MIKE DEWINE
“An Analysis of the Post-Conservatorship Legal Expenses of
Fannie Mae and Freddie Mac”
HOUSE SUBCOMMITTEE HEARING ON
OVERSIGHT AND INVESTIGATIONS
WASHINGTON, DC
FEBRUARY 15, 2011
Testimony of Michael J. Williams
President and Chief Executive Officer
Fannie Mae
U.S. House of Representatives Committee on Financial Services
Subcommittee on Oversight and Investigations
“Analysis of the Post-Conservatorship Legal Expenses of Fannie Mae and Freddie Mac”
February 15, 2011
Statement of
Edward J. DeMarco
Acting Director
Federal Housing Finance Agency
Before the
Committee on Financial Services
Subcommittee on Oversight and Investigations
U.S. House of Representatives
“An Analysis Post-Conservatorship Legal Expenses of Fannie Mae and Freddie Mac”
February 15, 2011
The Hawaii House of Representatives passes bill HB894 HD1 that would prohibit non-judicial home foreclosures for five months.
“This bill is needed to stop mortgagees who want to rush into foreclosing on homes in Hawaii before appropriate legislation is enacted to deal with the mortgage foreclosure problem,” said Rep. Bob Herkes, chairman of the Committee on Consumer Protection & Commerce. “We don’t want to shut down the mortgage market, but I think we need a timeout.”
This bill allows you time to work it out with your lender or whomever is authorized to approve any settlement.
A bill (HB894 HD1) introduced by Representative Mele Carroll was sent to the House of Reps seeking to impose a five month moratorium on non-judicial foreclosure.
“This bill is needed to stop mortgagees who want to rush into foreclosing on homes in Hawaii before appropriate legislation is enacted to deal with the mortgage foreclosure problem,” said Rep. Bob Herkes, chairman of the Committee on Consumer Protection & Commerce. “We don’t want to shut down the mortgage market, but I think we need a timeout.”
Hawaii has one of the worst foreclosure rates in the country. In January, mortgage fraud was cited as the reason why the state’s foreclosure rate is the 11th highest in the nation.
Testimony of
Alan Jones
Operations Manager
Wells Fargo Home Mortgage Servicing
Before the
Subcommittee on Housing and Community Opportunity House Financial Services Committee
U.S. House of Representatives
November 18, 2010
As a company, Wells Fargo has followed three fundamental tenets:
First, we view foreclosure as a measure of last resort. In unfortunate cases where a customer simply cannot afford the property, even with a modification, we actively look at other remedies – such as short sales – to prevent foreclosure and protect the surrounding community.
Second, we hold ourselves accountable for the quality of our foreclosure data and we work to ensure our borrowers are protected from wrongful foreclosures.
And third, we understand the necessity of having procedures that ensure our documents comply with industry regulations, as well as federal and state laws.
TESTIMONY OF
REBECCA MAIRONE
DEFAULT SERVICING EXECUTIVE
BANK OF AMERICA HOME LOANS
Before the
HOUSE FINANCIAL SERVICES
HOUSING AND COMMUNITY OPPORTUNITY SUBCOMMITTEE
WASHINGTON, DC
NOVEMBER 18, 2010
Excerpt:
When industry concerns arose with the foreclosure affidavit process, we took the step to stop foreclosure sales nationwide and launch a voluntary review of our foreclosure procedures. Thus far, we have confirmed the basis for our foreclosure decisions has been accurate. At the same time, however, we have not found a perfect process. There are areas where we clearly must improve, and we are committed to making needed changes.
We’ve also used this opportunity to further evaluate our modification program and identify additional enhancements we can make. We have done this based on feedback from you, our customers, community groups, investors, and from our regulators. We also are committed to a constructive dialogue with State Attorneys General, who have taken a leadership role on these issues.
Testimony of Stephanie Mudick JPMorgan Chase Committee on Financial Services
Subcommittee on Housing and Community Opportunity United States House of Representatives November 18, 2010
Introduction
Chairwoman Waters, Ranking Member Capito, and Members of the Committee, thank you for inviting me to appear before you today. My name is Stephanie Mudick, and I am the head of the Office of Consumer Practices at JPMorgan Chase. I am grateful for the opportunity to discuss Chase’s loan servicing business, our wide-ranging efforts to enable borrowers to keep their homes and avoid foreclosure where possible, and the recent issues that have arisen relating to affidavits filed in connection with certain foreclosure proceedings.
JPMorgan Chase is committed to ensuring that all borrowers are treated fairly; that all appropriate measures short of foreclosure are considered; and that, if foreclosure is necessary, the foreclosure process complies with all applicable laws and regulations. As I will discuss in detail later in my testimony, we regret the errors that we have discovered in our processes, and we have worked hard to correct these processes so that we get them right. We take these issues very seriously.
Chase services about nine million mortgages across every state, representing over $1.2 trillion in loans to borrowers. In our role as servicer, we are responsible for administering loans on behalf of the owner of the loan, which sometimes is Chase itself, but more often is someone else – a government-sponsored enterprise (GSE), a government agency (such as the Federal Housing Administration or the Department of Veterans Affairs), a securitization trust, or another private investor.
I will first discuss Chase’s extensive efforts to help borrowers avoid foreclosure and then discuss the issues that led to our temporary halt to some foreclosures, as well as Chase’s enhanced procedures for the foreclosure process.
“Our company’s process for preparing foreclosure affidavits was flawed”
“There were affidavits signed outside the immediate physical presence of a notary and without direct personal knowledge of the information in the affidavit”
H.R. 3808:
to require any Federal or State court to recognize any notarization made by a notary public licensed by a State other than the State where the court is located when such notarization occurs in or affects
interstate commerce
2:15 P.M. –
ONE MINUTE SPEECHES – The House proceeded with one minute speeches.
H.R. 3808:
to require any Federal or State court to recognize any notarization
made by a notary public licensed by a State other than the State where
the court is located when such notarization occurs in or affects
interstate commerce
2:14 P.M. –
VETO MESSAGE FROM THE PRESIDENT – The Chair laid before the House the
veto message from the President on H.R. 3808. The objections of the
President were spread at large upon the Journal, and the veto message
was ordered to be printed as a House Document No. 111-152. Pursuant to
the order of the House of earlier today, further consideration of the
veto message and the bill are postponed until the legislative day of Wednesday, Nov. 17, 2010, and that on that legislative day, the House
shall proceed to the constitutional question of reconsideration and
dispose of such question without intervening motion.
2:13 P.M. –
The House received a message from the Clerk. Pursuant to the
permission granted in Clause 2(h) of Rule II of the Rules of the U.S.
House of Representatives, the Clerk transmitted H.R. 3808, the
“Interstate Recognition of Notarization Act of 2010,” and a Memorandum
of Disapproval thereon received from the White House on October 8,
2010, at 12:55 p.m.
Mr. Scott (VA) asked unanimous consent That, when the House adjourns
on Monday, November 15, 2010, it adjourn to meet at 12:30 p.m. on
Tuesday, November 16, 2010, for Morning-Hour Debate. Agreed to without
objection.
Mr. Scott (VA) asked unanimous consent That, when a veto message on
H.R. 3808 is laid before the House on the legislative day of today,
then after the message is read and the objections of the President are
spread at large upon the Journal, further consideration of the veto
message and the bill shall be postponed until the legislative day of Wednesday, Nov. 17, 2010; and that on that legislative day, the House
shall proceed to the constitutional question of reconsideration and
dispose of such question without intervening motion. Agreed to without
objection.
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