The Mortgage Fiasco in Simple Terms

Posted: October 18th, 2010 by Militant Libertarian

by John Robb, Global Guerrillas

Here’s a quick and dirty synopsis of what is going on in the US mortgage industry from everything I’ve read.  It’s an early read of the situation, and it comes with the usual caveat “I am not a lawyer,” but I think it explains why many, if not most, mortgages in the US are potentially worthless scraps of paper.

The reason I spent the time to explain this, is that this could be one of the factors (along with currency wars and sovereign defaults) driving a massive financial crisis over the next year or so.


Here it is.  Traditional mortgages are simply contract between you and your local bank:

However, global banks wanted to take these dull mortgages and turn them into something institutional investors could purchase.  So, they developed a complex process to do this.

First, they sold the loans to the institutional investors (as securities that they are allowed to purchase according to their charters) by removing the collateral, your home’s title, from the loan.

Second, they put the title in a special pool that “simulated” the effects of collateral on the loans they sold.  To accomplish this, the banks had to a create a complex process to comply with the myriad rules controlling real estate transactions (state, interstate commerce, etc.) and federal tax laws.  Further, this process was very rigid.  It to be completed in a specified time (within the year of the securitization) and in a specified way in order to be legal.

However, and here is where things went really wrong.  The banks, and their representatives didn’t do the paperwork, as required by law, on millions of mortgages.  Why?  In some cases the process of filing the paperwork was considered too expensive and was put off.  In other cases, it was avoided because it could trigger unwanted liability given the claims made by the sellers of the loans to investors (as in:  the quality of the loans was very high, when they had reason to believe this was otherwise).

In any case, the collateral was never actually transferred properly.  So, the loans that were sold to investors became simple contracts:

Note that there’s nothing more to this loan.  No collateral.  No foreclosure for non-payment.


Thing is, this isn’t a paperwork error.  It’s gross negligence, on the bank’s part, that materially altered the relationship between you and the new owner of the loan.  Once the collateral was removed from the loan, it can’t be reattached.  Your home’s title can’t be attached to a loan willy nilly and without your consent.  To do otherwise is theft, and that’s exactly what every lawyer from here to Timbuktu will be arguing.

Of course, that’s not going stop the banks from trying to “fix” this.  They’ve already tried fraudulently manufacturing paperwork via fake, backdated signitures to claim the title was properly sent to the reserve.  They got found out and foreclosures were stopped across the country.  Expect similar behavior in Congress and in the press.


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