Ohio Uses State Monies to Deal with Mortgage Fraudsters and Foreclosures.

I had posted earlier that a lot of the mortgages were turned into Credit Default Swaps, which meant that the mortgages themselves were not held by financial companies, but split over and over into some very ugly, shady deals.

My earlier post on this issue, click here.

The State of Ohio has found grounds to agree with me, and they are actually going ahead with a plan to deal with the greedy jerks who perpetrated some pretty nasty frauds.

How significant is the foreclosure problem in Ohio?
It’s immense. One in 58 households [is] facing foreclosure. That’s one per neighborhood.

Why did you decide to address the mortgage problem by creating this team of lawyers?
The first thing we talked about was whether we could create mediation programs in the courts by asking the judges to encourage or force the servicers to at least sit down and talk to borrowers about an arrangement. But what we concluded was that there is a real inequality, because to file a mortgage foreclosure you have to be a lawyer. And homeowners—particularly those that are in default on their mortgage note—don’t have lawyers. They are at a real disadvantage in negotiating. So it was not good enough just to have mediation, but both parties in the mediation need to be represented by lawyers.

What will the lawyers do?
The lawyers will work with the borrowers to see if there are defenses to the actual foreclosure, whether there was fraud or unsuitability in the creation of the mortgage to begin with, and then to assist in two other ways: either to help litigate the case or to help structure a settlement.

What legal footing might you have to mount defenses against foreclosures?
With these complex mortgage products—the adjustable rates, the no-document loans that were out there—there are all types of things in the generation of loans that give rise to defenses. And with the fact that these loans then started to become sold seven, eight, nine, 10 times in the process, there are even legitimate legal issues as to whether or not the person filing the foreclosure has the legal right to file a foreclosure because they don’t have ownership of the mortgage note.

In Ohio, documents related to real estate have to be in writing; it’s called the statute of fraud. We just convinced a court of appeals—the 10th District Court of Appeals in Franklin County, Ohio—to find that you can’t bring a foreclosure action if you don’t have paper that proves that you own the house.

What percentage of struggling Ohio homeowners could mount a credible defense against foreclosure?
I think in probably 25 percent to 50 percent of the cases. If you look at the foreclosures, I use the following rules of thumb. About half of them are related to some form of financial catastrophe—a medical problem, loss of a job. Of the remaining half, about 25 percent are mortgages that involved outright fraud, where the buyer, the seller, the appraiser—everybody was cut in. So it’s that last 25 percent where people got in over their heads through buying a house that they simply couldn’t afford, or they got loans that they didn’t understand the terms of.

What percentage of home foreclosures do you think you might be able to prevent?
I think the vast majority of them. It would be in the best interest of the servicer and the borrower to try to find some accommodation.

But these contracts are between the borrower and the lender. Why should the government of Ohio be legally challenging them?
The fact is that the evidence is mounting that these wholesalers—and mortgage brokers who supplied them—targeted working-class, middle-class, unsophisticated consumers for generating these loans. So the fact is that there was a conscious effort to find people who wouldn’t be able to negotiate the contract at arm’s length. If a mortgage professional says, “Look, your payment is $500. I know this says it goes up in a year—don’t worry, we’ll come back and refinance you,” I think it’s very reasonable to think that it is not entirely the homeowner’s fault that the mortgage goes into default.

Yep. This is what my own point is, that some people got “snookered” by some people who made money off the backs of people who trusted in financial services, brokers and others.

Frankly, I would love to see these fraudsters charged, fined, lose their own property as “assets gained through illegal actions”. Yes, even the heads of banks, brokerages, real estate companies, developers should be dealt severely by the law.

For those living in Ohio, you need to be very glad you, at least, have someone willing to step up and do something effective.