Newscast Media NEW YORK—A tentative deal has been negotiated by JPMorgan Chase CEO Jamie Dimon to settle a case for $13 billion regarding fraudulent mortgage-backed securities (MBS) that were never mortgage backed.
Here is how the scam works: The banks bundled mortgages into pools. These pools of mortgages were then further divided into what is referred to as “tranches”. The tranches are based on the credit scores of homeowners. For example, those with a high beacons score 750+ would be in the top tier. Then those with, say 700-749 would be in the tranche below. Homeowners with 600-699 would be in the next tranche and the bottom tranche would have the lowest credit score, and would be the riskiest. In essence, a tranche is a slice of a deal in structured financing.
These pools of mortgages, also referred to as “derivatives” are then sold on the secondary market in form of a bond that is backed by the value of the house (mortgage). The bond certificate that is issued is what is referred to as a “mortgage-backed security” or a “Collateralized Debt Obligation” (CDO).
These mortgage-backed securities are put into a trust called a Real Estate Mortgage Investment Conduit Trust (REMIC Trust). A trustee like JPMorgan Chase or Bank of America or Wells Fargo is then chosen to oversee the trust. The trust is usually called something like Alternative Loan Trust 2010-XYZ Certificate series. (The year indicates when the trust was opened).
Each trust is then insured with what is referred to as “credit default swaps” that way if a homeowner defaults, the bank cashes in on the insurance policy which is up to 30 times the amount of the home. For example if a person purchases a home for $200,000 the insurance money the bank would get is ($200K X 30)= $6,000,000, for just one home. The bank then sends the homeowner an eviction notice and sells the home again for perhaps $80,000. This money is mostly pocketed by the foreclosure attorneys who run the scam for the banks.
The problem is, during the bailout, the government gave JPMorgan Chase & Company, $390 billion as the Troubled Asset Relief Program (TARP). At the time of the bailout, the bank then declared the derivatives (mortgage-backed securities/collateralized debt obligations) in its possession as “toxic assets.” Upon declaring the CDOs toxic assets, the trusts became defunct and ceased to exist. In other words, the trusts were empty, because the government bought all of them out through TARP. However, because of greed, these banks continued to sell derivatives knowing that those mortgage-backed securities were never mortgage backed and the trusts were empty. That’s how they caused the financial meltdown that started in 2007 and is continuing to be felt to this very day.
So even if JPMprgan Chase and Co. were to pay $13 – $23 billion out of the $390 billion they received, it wouldn’t hurt them. It would be like a drop in the bucket…all of which is taxpayer money. What!
The banks defrauded the federal government (by taking TARP money and continuing to sell bogus mortgage-backed securities); they defrauded investors (by selling them bogus mortgage-backed securities from phantom trusts); they defrauded homeowners (by selling the titles to their homes multiple times on the secondary market, hence creating a cloud on those titles); and finally, they are defrauding the court system (through the use of greedy corrupt attorneys who use forged documents to steal thousands of properties across America, on behalf of trusts that do not even exist!)
Obama is finally cracking down on the big fish. The corrupt attorneys in this game are like sardines, the CEOs like Jamie Dimon, are the crocodiles Obama is going after. I’ve been to Africa and I have swum in the River Nile. Anyone will tell you that before you can safely swim or fish in the Nile, you have to make sure the area is not infested with crocodiles. What Obama is doing is, he’s getting rid of the crocodiles, and once he is done with them, then he’ll go after the sardines.
There is an old African saying that goes: “The big fish is caught with the big hook.” The big fish here are the bank CEOs, the big hook is the Department of Justice.
The entire story about this fraudulent scheme and the settlement between JPMorgan Chase and the Justice Department can be found here.
Guest article by Michael Olenik
Newscast Media — The pooling and servicing agreement (PSA) is a contract that should govern the terms under which trillions of dollars worth of equity in the land of the United States of America was flung around the world. These contracts should govern how disputes over ownership and interest in the land that was the United States of America should be resolved. Pretty simple stuff, right? I mean if I’m a millionaire big shot New York Lawyer working for big shot billionaire Wall Street Investors and banks, then I’d do my job as a lawyer to make sure the contract was right and that all the “is” were dotted and the “Ts” were crossed right?
But that’s not at all what’s happened. In our scraggly street level offices, far below the big fancy marble encased towers of American law and finance simple dirt lawyers defending homeowners started actually reading these contracts. We ask lots of questions about just what all those fancy words in their big shot contracts mean. Invariably, the big shot lawyers and the foreclosure mills tell us, “Don’t you worry about all them words you scraggly, simple dirt lawyer. Those words aren’t important to you.”
But increasingly judges recognize that the words really do mean something. Take note of the following statements from the recent Ibanez Ruling:
I concur fully in the opinion of the court, and write separately only to underscore that what is surprising about these cases is not the statement of principles articulated by the court regarding title law and the law of foreclosure in Massachusetts, but rather the utter carelessness with which the plaintiff banks documented the titles to their assets.
The type of sophisticated transactions leading up to the accumulation of the notes and mortgages in question in these cases and their securitization, and, ultimately the sale of mortgaged-backed securities, are not barred nor even burdened by the requirements of Massachusetts law. The plaintiff banks, who brought these cases to clear the titles that they acquired at their own foreclosure sales, have simply failed to prove that the underlying assignments of the mortgages that they allege (and would have) entitled them to foreclose ever existed in any legally recognizable form before they exercised the power of sale that accompanies those assignments.
The Ibanez decision underscores the fact that it is important for all of us to know and understand how the pooling and servicing agreements directly impact what is occurring in the courtroom. And for assistance with understanding the PSA and how to find it, more commentary from Michael Olenick at Legalprise:
Overview of PSAs
Securitized loans are built into securities, which happen to look and function virtually identically to bonds but are categorized and called securities because of some legal restrictions on bonds that nobody seems to know about.
The securities start with one or more investment banks, called the Underwriter (should be called the Undertaker), that seems to disappear right after cashing in lots of fees. They create a prospectus that has different parts of the security that they are proposing. Each of these parts is called a tranche. There are anywhere from a half-dozen to a couple dozen tranches. Each one is considered riskier.
Each tranche is actually a separate sub-security, that can and is traded differently, but governed by the same PSA, listed in the Prospectus. Similar tranches from multiple loans were often bundled together into something called a Collateralized Debt Obligation, or CDO. So besides the MBS there might also be one or more CDOs made up of, say, one middle tranche of each MBS. Each tranche is considered riskier, usually based a combination of the Credit Scores of the people in the tranche and the type of loans (ex: full/partial/no doc, traditional/interest-only/neg am, first or secondary lien, etc…).
CDOs were eligible for a type of “insurance” in case their price went down called a Credit Default Swap, or CDS (also known as “synthetic CDOs). There was actually no need to own the CDO to buy the insurance and many companies purchased the insurance, that paid out handsomely. [That's what the AIG bailout was for, because they didn't keep adequate reserves to pay out the insurance policies.]
Later, investors could also purchase securities made up of multiple CDOs, much the same way that CDOs were made up of tranches of multiple MBSs. These were called “CDOs squared.” Not surprisingly, there were also a few “CDOs cubed, CDOs of CDOs squared. CDOs were virtually all written offshore so little is known about who owns them, except that they were premised on the idea that since there was
collateralized mortgage debt at their base they could not collapse. Their purpose was to spread the various of risks of mortgages which, back then, meant prepayment of high interest debt and default.
Investors were actually way more obsessed with prepayment because they thought the whole country could not default; to make sure of that MBSs and all their gobbly gook were spread around the country; you can see where in the prospectus. They were almost more concerned with geographic dispersion than
One warning on those secondary filings, servicers and trusts both break them out as assets. How one loan can be reported as an asset in two places is a mystery, but considering this doesn’t even cover the CDOs and CDSs dual reporting doesn’t seem to strange. You’ll see your loan keep wandering through the financial
system, with one exception (next paragraph), right up to the present day. You can even see how much the investment banks thinks that its worth over time since they report out both original amount and fair market value.
The exception – when your loan really does disappear – is when it was eaten up by the Federal Reserve’s Toxic Loan Asset Facility, TALF. But you can look that up to and see how the government purchased your loan for full-price, when investors on the open market were only willing to pay a few cents on the dollar. If
your loan went to TALF you can find it in the spreadsheet here:
Your loan will be in the top spreadsheet and the genuine lender in the bottom.
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Categories: News Tags: CDS, collateralized debt obligations, credit default swaps, derivatives, how to find your pooling and servicing agreement, how to find your psa, MBS Trust, mortgage backed securities, pooling and servicing agreement, psa, REMIC, REMIC Trust, REMICs, SEC, securities and exchange commission, TARP, Toxic assets