By Stephanie Kelton
Private Sector Surplus = Public Sector Deficit + Current Account Surplus
By Stephanie Kelton
Private Sector Surplus = Public Sector Deficit + Current Account Surplus
(cross-posted with Benzinga.com)
Public recordation in the U.S. became even more effective in spurring growth and efficiency with the development of Article 9 of the Uniform Commercial Code (UCC). Article 9 set out to make it far easier for lenders to access public records of liens by dramatically increasing the degree of uniformity in how and where such records would be kept. Article 9 was not only a governmental program that achieved its aim – it was the brainchild of an academic (Yale Law School’s Professor Grant Gilmore). Article 9 further reduced the risk of fraudulent pledges and greatly increased efficiency. Business, particularly lenders, strongly supported its adoption.
MERS (Mortgage Electronic Registration Systems) sought to privatize key aspects of the public title system. The primary purpose was to avoid recordation fees when interests in real property were assigned or transferred. MERS’ founders read like a who’s who of the entities who caused the recent financial crisis, so some scholars view its creation as an example of a private sector action intended to harm the public. This column assumes that MERS’ harms were, originally, unintended. It focuses on the insanity – from the standpoint of honest lenders and investors – of MERS’ devastation of a public system of recordation that had served business, particularly lenders and investors, brilliantly.
MERS’ problems are legion, but they are also inherent in its structure. This column addresses only one aspect of its “agency” problem. MERS is set up in a bizarre fashion designed to minimize costs. It has only a trivial number of real employees. It has no ability to check its members’ initial or continuing quality or integrity. MERS appoints its members’ personnel as MERS officers and exercises no meaningful oversight over their actions.
As I have explained in prior articles, MERS’ members have endemic, severe problems with mortgage documentation. They originated, purchased, or agreed to service loans and collateralized debt obligations (CDOs) without the underlying mortgage note. Fraud begets fraud. The exceptional incidence of underlying mortgage origination fraud led to widespread failure to prepare and maintain proper documentation – and that was before the mortgage originators failed. When the mortgage originators failed, as they did by the hundreds, mortgage documents were frequently thrown away. Mortgage documentation became particularly defective because originators could sell mortgages without the purchaser even checking whether the seller was delivering the original note.
The secondary market in nonprime mortgages operated under the financial version of “don’t ask; don’t tell.” The incidence of fraud and defective documentation in nonprime loans was so large that the purchaser faced an inescapable dilemma. If it did competent underwriting it would detect widespread fraud and missing notes and document that it knew that the nonprime loan portfolio it was purchasing (and then reselling them as the collateral for CDOs) was fraudulent. Documenting that one is selling CDOs one knows to be backed by fraudulent loans that often lacked the underlying note is an excellent strategy for going to prison and being sued by every CDO purchaser. The alternative was not to do any meaningful underwriting when purchasing nonprime loans. The no meaningful underwriting alternative, however, maximized the already perverse incentives to originate and sell fraudulent loans lacking essential documentation.
MERS’ members, therefore, had overwhelming incentives to engage in foreclosure fraud. The loans they were seeking to foreclose on often lacked essential documentation and were induced by defrauding the borrower. They had no legal right to foreclose, but that result was unacceptable to the senior officers controlling the loan servicers. They insisted on results, and did not monitor compliance with the law. The result was tens of thousands of felonies – monthly – by some of the largest financial institutions in the world. Filing false affidavits became business as usual. No one senior in the Justice Department or administration appears to be seriously upset about this. These felonies were committed by, or at the direction of, MERS “officers” – and MERS does not appear to be seriously upset about fraudulently foreclosing on the homes of tens of thousands of Americans. I study fraud by elites, and even I am stunned by the frequency and nature of the frauds and felonies and the lack of prosecutions and the overall blasé attitude by CEOs to the fraud and felonies.
By Erik Dean
Randall Wray appeared on KUOW‘s “The Conversation,” hosted by Ross Reynolds. The topic: the largest contributors to the federal deficit–Medicare, Medicaid, Social Security, and Defense. To listen click here.
William Black was noted in a news release yesterday from the Institute for Public Accuracy. The release quotes Black on the role of financial regulators in combating fraud and links to an MSNBC piece in which Black appeared with ‘Inside Job’ director Charles Ferguson.
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William Black will be appearing tonight on the Jim Brohannon show at 10:05 EST. Check the station finder feature on www.jimbotalk.net to see if there is a station near you; or, ‘listen live’ once the show begins.
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(cross-posted with Benzinga.com)
U.S. drops criminal probe of former Countrywide chief Angelo Mozilo
Mozilo’s actions in the mortgage meltdown — which led to $67.5-million settlement against him — did not amount to criminal wrongdoing, federal prosecutors have determined.
By E. Scott Reckard, Los Angeles Times
4:11 PM PST, February 18, 2011Federal prosecutors have shelved a criminal investigation of Angelo R. Mozilo after determining that his actions in the mortgage meltdown — which led to $67.5-million settlement against him — did not amount to criminal wrongdoing.
Judge OKs Countrywide settlement but big investors opt out
Institutional investors including CalPERS say the Countrywide settlement amount is too little.
By E. Scott Reckard, Los Angeles Times
February 26, 2011Major investors opting out of a $624-million class-action settlement with Countrywide Financial Corp. said they would have recouped less than 5% of their losses on the mortgage lender’s stock had they accepted the agreement.
“A settlement on behalf of my clients would have to be a material multiple of that amount,” said Blair Nicholas of San Diego, a lawyer for the California Public Employees’ Retirement System and 15 other institutional investors. Altogether, 33 institutional investors have opted out.
The agreement was approved Friday by U.S. District Judge Mariana Pfaelzer in Los Angeles, who described the settlement as reasonable and substantial given the complexities of the case and the uncertainties of what a jury might decide.
It requires Countrywide and its parent company, Bank of America Corp., to provide $600 million for former Countrywide shareholders remaining in the case. The lender’s outside accounting firm, KPMG, added $24 million.
Countrywide and Bank of America, which bought the Calabasas mortgage lender as it skirted bankruptcy in 2008, contended the near-collapse and the investors’ losses were the unforeseeable result of the broader financial crisis. BofA acquired Countrywide, whose stock was once valued at $25 billion, for $2.5 billion in BofA stock.
The lawsuits contended that Countrywide, once America’s biggest home lender, fraudulently concealed its mounting risks as it loosened lending standards to build its market share during the housing boom.
How a Whistle-Blower Conquered Countrywide
By GRETCHEN MORGENSON
Michael G. Winston, a former executive at the Countrywide Financial Corporation. Mr. Winston spent three years in a legal battle against Countrywide, the once-mighty mortgage giant, and its current owner, Bank of America, contending that he was punished and pushed out for not toeing the company line. On Feb. 4, he won: a jury in California awarded him $3.8 million in damages.
Mr. Winston’s story provides a glimpse into how business was done at Countrywide at the height of the subprime craziness — and how assiduously Angelo R. Mozilo, the company’s fallen leader, worked to quash dissent in the ranks. Mr. Winston had the audacity to question Countrywide practices. Mr. Mozilo was not pleased and, before long, Mr. Winston was marginalized and later dismissed.
By GRETCHEN MORGENSON
October 15, 2010
Angelo R. Mozilo, the former chief executive of Countrywide Financial, once the nation’s largest mortgage lender, agreed to pay $67.5 million on Friday to settle a civil fraud case brought by the Securities and Exchange Commission last year.
Countrywide itself is paying $20 million of Mr. Mozilo’s $67.5 million payment as part of an indemnification agreement he has with the company.
How can that be? Because…
more at tax.com
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William Black was interviewed recently on InfoKrieger News. For article and video see here.
Audio (mp3) of the FCIC’s interview of William Black are avialable in two parts on the FCIC’s website. Links to the mp3’s follow.