First, it was GMAC that had to suspend foreclosures because they were caught manufacturing the paperwork needed to take people’s homes.
Then, JPMorgan Chase was forced to do the same, citing problems with documentation. From the Chase article:
The Associated Press said that the company has acknowledged its employees “signed some affadavits about loan documents without personally verifying the files,” and said the bank has asked judges to hold off on entering judgments on the foreclosures in question until its review is complete.
Now, Bank of America is following suit. These banks, their employees, and their attorneys are being caught committing perjury, yet there are still people out there who are blaming this economic meltdown on the borrowers by accusing them of borrowing money they couldn’t afford to repay. They blame the Government for “requiring” banks to lend to people who couldn’t pay.
They blame everyone except the banks, who took in trillions in profits by making sub-prime loans, then got a government bailout when the loans collapsed, and are now committing fraud to take people’s homes.
Why aren’t people being put in jail for this? Why are these lawyers not being disbarred?
Another problem being overlooked is this: When a foreclosure is found to have been awarded because of fraud, that foreclosure is void or voidable. When a lawyer, who is considered to be an officer of the court, is found to have fraudulently presented facts to court so that the court is impaired in the impartial performance of its legal task, the act, known as “fraud upon the court”, is a crime deemed so severe and fundamentally opposed to the operation of justice that it is not subject to any statute of limitation.
What does this mean for the future of Real Estate? That means that no one can issue title to a single piece of property without considering the possibility that someone can have a previous foreclosure voided, and that property returned to the previous owner. Think about the implications of this, and the effect it will have on prices.
The 10 largest mortgage lenders in the Nation control 78% of the mortgages. They are:
1 Bank of America- 26% market share – suspended foreclosures due to fraudulent documentation
2 Wells Fargo – 24% market share
3 JP Morgan Chase- 10% market share – suspended foreclosures due to fraudulent documentation
4 GMAC- 4% market share- suspended foreclosures due to fraudulent documentation
5 Citigroup – 3.5% market share
6 US Bank Home Mortgage – 3% market share
7 PHH Home mortgage – 2.5% market share
8 SunTrust – 1.75% market share
9 Provident Funding -1.65%
10 Branch Banking and Trust 1.6%