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Attorney general races threaten foreclosure investigation

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Wednesday, October 27, 2010 at 6:00 am

Iowa Attorney General Tom Miller is leading the nationwide investigation into foreclosure fraud, but he's in danger of losing re-election. (Flickr: Iowa Democratic Party)

With unusual unanimity across the political spectrum, all 50 state attorneys general announced a coordinated investigation on Oct. 13 into recent revelations that mortgage servicers routinely used “robo-signers” to approve hundreds of thousands of foreclosures without scrutinizing the underlying documents. Because state law governs the mortgage lending industry for the most part, consumer advocates and experts believe this investigation will be the most effective way to resolve the foreclosure mess and compensate homeowners.

[Congress1] “The fact that all 50 have launched an investigation into potential fraud speaks for itself,” said Kathleen Day of the Center for Responsible Lending.

But after the midterm elections, the individuals holding those offices could vary wildly, and some of the leaders of the investigation, as well as the most aggressive advocates for consumers and against banks, could find themselves out of a job.

Consider this: Of the 12 state attorneys general on the executive committee of the coordinated investigation, only two of them — Roy Cooper in North Carolina and Rob McKenna in Washington — aren’t up for re-election this year. Several of them — Jerry Brown in California, Richard Blumenthal in Connecticut, Terry Goddard in Arizona, Andrew Cuomo in New York and Bill McCollum in Florida — are running for higher office and will not return to their posts. And other races are closely contested.

Currently, 32 of the 50 attorneys general across the nation are Democrats, to 18 Republicans. According to Governing Magazine, the GOP is poised to pick up anywhere from six to 13 of those seats after November, dramatically changing the makeup of the attorneys general across the country — and potentially the nature of their investigation.

“There are good AGs and not so good AGs,” said Ira Rheingold of the National Association of Consumer Advocates. “The question is, who will be the leaders of the investigation and who will drive the decisions they make?”

Take Ohio, for instance. Attorney General Richard Cordray (D) was the first to sue a major mortgage servicer, GMAC Mortgage, over faulty foreclosure documents. “Nobody’s very comfortable with the notion that people are committing fraud upon the courts on a deliberate and systematic basis,” said Cordray of his attorney general colleagues. He seeks not only damages of $25,000 per fraudulent document, but restitution for homeowners who may have been illegally evicted from their homes. But he faces former Sen. Mike DeWine (R) in a re-election battle on Nov. 2, and a Suffolk University poll from early October showed DeWine ahead 44-38 among likely voters.

Or look at Iowa, where Tom Miller, who has been Attorney General off and on since 1978, heads up the 50-state investigation. He has been investigating abuse in the mortgage lending industry for years, and is widely recognized as one of the best attorneys general on consumer protection in the country. “Tom Miller being involved is a really good thing,” said Rheingold. “Tom has been doing this for years, and has a demonstrated record on consumer protection.”

But Miller is being challenged strongly by Brenna Findley, a Sarah Palin-endorsed 34-year-old who previously spent seven years as the chief of staff for conservative Republican Rep. Steve King. She’s raised twice as much money as Miller and has campaigned more energetically in the state. There has been no public polling since August, but with the Republican lean in statewide races in Iowa, most experts see Miller’s odds as a tossup at best.

While no attorney general candidate, Democratic or Republican, has actually pledged to drop out of the investigation into foreclosure fraud, many of the GOP candidates have focused their attention elsewhere, saying little about the issue on the campaign trail. In Iowa, Findley has run almost entirely on her vow to join the lawsuit against the federal government over health care legislation, and on an aggressive effort to crack down on sexual predators. In Florida, Republican candidate Pam Bondi has a section of her website labeled “Protecting Our Consumers” that talks generally about consumer protection and barely mentions mortgage fraud or housing at all.

While the investigators for the probe are likely to be career bureaucrats at the staff level who would probably not change from one administration to the next, the decision-makers at the top play a central role. Reuters reported last week that banks have already initiated talks with the attorneys general to reach a quick resolution to the matter. State attorney general settlements in the recent past, with lenders like Countrywide and Wachovia, have included mandates for mass mortgage modifications that would allow homeowners to stay in their homes.

“Those who understand the issues know what the remedy needs to be,” said Rheingold. “Other AGs may have political calculations. For example, they might want a one-time pot of money to give out to homeowners, so they can do a press conference and declare victory. That wouldn’t be a serious move. This should be about what you make the lenders do to comply with state law.”

Several attorney general candidates on the Democratic side have boasted of their consumer protection credentials. In California, one of the states hardest hit by foreclosures since the housing bubble popped, San Francisco district attorney and statewide candidate Kamala Harris touted her past efforts, including the formation of the first-ever stand-alone mortgage and investment fraud unit in the district attorney’s office. She has already made several indictments through the unit, which has a $1 million grant from the Justice Department to investigate fraud. Harris trails Republican Steve Cooley in public polling, and Cooley has raised more money as well, while getting support from million-dollar independent expenditure campaigns led by former RNC Chair Ed Gillespie. Cooley has stressed public safety in his campaign more than consumer protection.

The campaigns for Cooley, Findley and several other Republican attorney general candidates did not respond to repeated requests for comment about their views on foreclosures and the 50-state investigation.

In New York, a key state because of the presence of Wall Street and the fact that New York trust law governs some thorny national legal issues which may determine whether or not servicers even have the standing to foreclose, Democratic candidate Eric Schneiderman said he would strongly support investigations into the banks’ activities. “I held the first hearing in the history of the state about the under-prosecution of mortgage fraud,” said Schneiderman, who supports a moratorium on foreclosures while the investigation proceeds. “The economic meltdown was driven by pools of bad mortgages. A lot of New Yorkers got stuck with those bad mortgages. Everyone in the state of New York should get a fair hearing before they’re foreclosed on.”

Schneiderman’s race in particular is emblematic of the stark difference between Democratic and Republican attorney general candidates on the issue of the financial industry, including the foreclosure crisis. His opponent, Daniel Donovan, has derived around 25% of all his campaign contributions from one hedge fund, Elliott Management, according to The New York Times. Donovan has been quoted on several occasions saying that he “doesn’t want to be anybody’s sheriff,” a reference to former New York Attorney General Eliot Spitzer, nicknamed the Sheriff of Wall Street.

“Dan Donovan has said that we shouldn’t ‘disturb the garden’ of Wall Street,” Schneiderman said. “The central tenet throughout my career, as a public interest lawyer and a public servant, is that I have sought to do justice and fight against unfairness. I don’t like bullies. I don’t like when people use their power to take advantage of people who are weaker.” Donovan, on the other hand, writes on his website that “Wall Street is the financial backbone of our state, and we must ensure that it continues to create jobs and remain the economic generator our state depends on.” Although New York Democrats are running away with races at the top of the ticket, Donovan has cut into Schneiderman’s lead, trailing in a recent Siena College poll by just seven points, 44-37.

Similarly, Florida Republican nominee Pam Bondi, who led Democrat Dan Gelber in an October Mason-Dixon poll by five points, criticized her opponent as an “activist” who would prosecute too cavalierly. (Gelber, like Schneiderman, supports a foreclosure freeze as allegations are investigated.) She told the St. Petersburg Times, “Unlike Mr. Gelber, I understand the difference between using the attorney general’s office to responsibly protect consumers vs. attacking businesses as an activist AG in the mold of Eliot Spitzer.”

An attorney general with this kind of measured, pro-business worldview, in the midst of a politically charged national investigation against the biggest banks in the country, can change the focus of the probe. “The bureaucrats won’t change over the years,” said Rheingold, “but sometimes they have to keep their heads down” when their new boss doesn’t support their actions.

“The emphasis can change with a new AG,” he added. “The goals change.”

And that would have wide-ranging effects for what Rheingold described as “the most important game in town,” the investigation by the 50 attorneys general. “After all, it’s their laws being broken,” he said. “Congress is not going to do anything. The administration has not been strong thus far. The most important challenge to the banks comes from these attorneys general.”

Correction: This story initially stated that the campaigns of Pam Bondi and Brenna Findley did not respond to requests for comment. Steve Cooley should have been listed here, not Bondi, whose campaign was not contacted. We regret the error.

David Dayen writes for the News Desk at firedoglake.com. His work has been cited by the Los Angeles Times, The New York Times and The Washington Post, and he has been a guest on NPR, Pacifica Radio and Air America.

Comments

201 Comments

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Mary Cochrane
Comment posted October 27, 2010 @ 8:21 pm

Thank God. Going in from the back-end including and flowing thru to the actual loan origination document will actually help restore the nation and identify the loopholes that exist and reveal how the loan origination document 'OMISSIONS' are responsible for the collapse of the economy now recognized as the third element of our national security. Never again should congolmerates who own banks and banks who own conglomerates be allowed to hide transactions in secret. Attorney Generals have Jurisdication of unlawful business acts and the tension in which the Legislature oversteps and prevents enforcement of laws thru Federal Administrative Agencies given Supervisory powers without authority to adjudicate unlawful business matters conjoined by US Code vesting Supervisory Powers to OCC prevented consumer complaints from ever being investigated.

Wells Fargo & Co. unique situations allows WFHM employees to take consumer property by deception, find investors, do deals in secret thru affiliates – Title Resources Group – Settlement Agents – Wells Fargo & Co. thur Jerboa Funding LLC and Thirty_eight_Hundred Fund of WFC HOLDINGS COPRORATION June 2004 through June 2009? I've revealed WFHM not registered to do business since June 2004 has in secret closed loan originations (3) days prior to even presetntment of the actgual loan origination documents thru affilaites hwo are not a bank but pulled into the bank thru joint ventures with Wells Fargo & Co. and Title Resources Grou (TRG). Check and you'll see in NJ, Nevada, Maryland, and more there were employees selling home mortgages financial products for Wells Fargo Bank and present to consumers after the secret closings with investors including Lehman Brothers documetns as 'Servicer'. Will the Legislature allow the State Attorney Generals to investigate the foreclosure mills – documents submitted by servicers not the actual investors? Indeed consumer complaints have been ignored and citizens have no Standing when banks commit unlawful business acts against them. See Transaction Flow Chart:

http://www.saveamericaonemortgageatatime.com – See Realogy Chart and TRG ? Wells Fargo & Co. (Thirty-Eight Hundred Fund LTD formerly known as Jerboa Funding LLC) channes currency thru Cayman Islands and collects servicing fees for asset-securiteis and links to loan originations deposits into Treasury of Wells Fargo Securities LLC a subsidiary who appears as a pass thru agency and one who does not report federal taxes – see KPMG LLP documents in Linked Box.Net Mary Cochrane


Barbara Ann Jackson
Comment posted October 27, 2010 @ 9:08 pm

People who scorn deadbeats, don’t know everybody’s story. Incredibly, they assume everybody in default is unwilling to PAY rent. While spewing anger about living 'rent free', scoffers absurdly acquiesce to ‘White Collar foreclosure fraud’ –which includes confiscation of distressed properties via falsified court bankruptcy and state court pleadings, criminal extortion, appalling privacy invasion; and scorners seem delighted about law credentials being utilized for dishonest, criminal, enrichment against people who are already in distressed circumstances –some of them innocently. AMAZING.

Lenders are not required to know laws –ATTORNEYS are! Often, attorneys are the ones who are making severe errors, and committing the very frauds that provide basis, defenses, and reasons to attempt negotiating mortgage contracts. Attorneys / foreclosure mills are often why foreclosures take so long to conclude.

Such should be held accountable for foreclosure improprieties and concealing malpractice against their lender-clients, as well as for committing Unfair Debt Collection Practices, extortion, and fraud against borrowers. Some attorney conduct is appallingly egregious –and some irreparably harmful!

Discovery of their misconduct can begin by comparing blighted neighborhoods and foreclosure conveyances to non-existent lender companies; bankruptcy “Lift Stay” motions that “lack standing,” “proof of claims” different from 'lift stays' “movers”; and illegal property deeds. And, lawyer are wrong for injurious frauds, failing to “effect service” or failing at any substantive Civil Procedure requirement –not homeowners for refusing to cooperate with erroneous, fraudulent confiscation.

http://lawgraceorg.newsvine.com/_news/2010/10/26/5355803-fraudulent-foreclosures-victims-and-accountability


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Vnader
Comment posted October 29, 2010 @ 3:41 pm

Thank you for stating that not all people are deadbeats in regards to the foreclosure fraud. My husband and I are certainly not but we cannot get GMAC to correct records from the very beginning of the modification which started in September 2009. They used what they called an “advance payment” which we were lead to believe would set up the escrow accounts to repay themselves for an advance payment for property insurance and then interest rather than setting up an escrow account for the real estate taxes that came due January 2010. They then threw our escrow account into a negative and increased the monthly payment amount to cover the negative balance all the while pocketing over $600.00 which we think is illegal from what we understand in reading the HAMP Frequently Asked Questions #27. :”Will a modification under HAMP include property taxes and homeowners insurance? Yes. All loans modified under HAMP must include an escrow account for payment of future property taxes and hazard insurance, unless prohibited by state law. If your existing loan does not include an escrow account, one will be established. A new escrow account may require collection of a sufficient reserve to pay the taxes and insurance on or before they are next due. The reserve amount cannot be added to the modified loan amount. The servicer may give you the option of paying the reserve amount at the time the loan is modified or the option of spreading the amount over a period of 60 months and including it in the monthly escrow payment.” It has also come to light in a Licking County, Ohio case #09 CV 0205TMM, that GMAC outsourced various pieces of the foreclosure process with Fiserv, Inc. It is stated in the case that Fiserv “creates and maintains the records and calculates the amounts allegedly due from borrowers” so it is no wonder that GMAC cannot answer questions regarding our account, they probably cannot read the records kept by the outsourced company. This is all so frustrating for “John Q. Public” because it is the taxpayers who ultimately are the ones to pay over and over and over again!!!


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Comment posted October 29, 2010 @ 5:26 pm

Why should it matter what party an Attorney General is part of, to simply do their job, and protect the consumers in their respective States?

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I work for a mortgage company that has the idea of do not worry about how many loans we screwed up but how many we have not. This from a Corporate employee. That is a slap in the face, I hope the investigation does not end. I went through it and it cost me alot in Atty fees. After filing in Federal and State courts I have my home. 5 years of fighting.


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The Problem:
Homes are being sold after foreclosure or short sale far below actual market
value. These homes are flooding the market, which has been driving down market value of surrounding properties for the past five years.
The Solution:
“Sell” the house to the current owner at current market value instead of
foreclosing. Erase the original mortgage and start a new mortgage at the current
market value ONLY IF the current owner agrees not to sell the property within
five years. The new loan would be contingent on agreeing to paying back the
original mortgage to the company if the owner sells the house before the five
year period ended.
Mortgage companies would be receiving the same amount in monthly payments from the current owner as they would from a new buyer – what’s the difference who makes the payments? It’s going to be sold for a reduced price anyway, so why not “sell” it to the current owner if they can afford the new payments based on current value?
Everybody Wins:
Mortgage companies would save money by not having pay for the foreclosure
process, not having to pay property taxes during the foreclosure process, not
having to pay the staff that is needed to manage all the distressed properties
the mortgage company has, not having to pay real estate commissions, and not
having to sell a home that, on many occasions, has been damaged by the former owner. Also, it would not be months before the property is actually sold, and instead, the mortgage companies would be receiving monthly payments towards a new loan, instead of nothing on the original loan. The property would continue to be maintained, instead of deteriorating bringing down the value of
neighborhood homes. Mortgage companies will continue to receive the exact
same mortgage payments that they would receive if they sold the home to another person. Owners of real estate would keep their homes for a minimum of five more years. This would greatly decrease the real estate inventory of short sales and foreclosures, helping to start the return of a normal real estate market. The economy would begin to recover.
Russ Eppen, Realtor
Broker/Salesperson


Russ Eppen
Comment posted January 19, 2011 @ 8:29 pm

The Problem:
Homes are being sold after foreclosure or short sale far below actual market
value. These homes are flooding the market, which has been driving down market value of surrounding properties for the past five years.
The Solution:
“Sell” the house to the current owner at current market value instead of
foreclosing. Erase the original mortgage and start a new mortgage at the current
market value ONLY IF the current owner agrees not to sell the property within
five years. The new loan would be contingent on agreeing to paying back the
original mortgage to the company if the owner sells the house before the five
year period ended.
Mortgage companies would be receiving the same amount in monthly payments from the current owner as they would from a new buyer – what’s the difference who makes the payments? It’s going to be sold for a reduced price anyway, so why not “sell” it to the current owner if they can afford the new payments based on current value?
Everybody Wins:
Mortgage companies would save money by not having pay for the foreclosure
process, not having to pay property taxes during the foreclosure process, not
having to pay the staff that is needed to manage all the distressed properties
the mortgage company has, not having to pay real estate commissions, and not
having to sell a home that, on many occasions, has been damaged by the former owner. Also, it would not be months before the property is actually sold, and instead, the mortgage companies would be receiving monthly payments towards a new loan, instead of nothing on the original loan. The property would continue to be maintained, instead of deteriorating bringing down the value of
neighborhood homes. Mortgage companies will continue to receive the exact
same mortgage payments that they would receive if they sold the home to another person. Owners of real estate would keep their homes for a minimum of five more years. This would greatly decrease the real estate inventory of short sales and foreclosures, helping to start the return of a normal real estate market. The economy would begin to recover.
Russ Eppen, Realtor
Broker/Salesperson


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