The "robo-signer" Problem:
“… When a homebuyer signs a mortgage, the key document is the note, which is the actual IOU. In order for the mortgage note to be sold or transferred to someone else (turning it into a mortgage-backed security), the document has to be endorsed (signed) to the next person. All of these signatures on the note are called the "chain of title."
If any of these signatures are missing, {or made by a
"robo-signer" too busy to get the owner's signature} then the chain of title is said to be broken. As such, the
mortgage note is no longer legally valid. In other words, the person who took out the mortgage loan to pay for the house no longer owes the money if he doesn't officially know the payee. …”
One serious risk, of course, is that the major title companies back away from insuring sales of foreclosed properties that {don’t have clear paper chain of ownership. Many banks don’t loan if title insurance is unavailable. }
Another risk is that "strategic defaults" heat up. These are when individuals stop making mortgage payments even though they can afford to. More individuals may be encouraged to strategically default if they perceive a reduced likelihood of being forced out of their homes. In fact, some companies and websites actually promote strategic defaults. …”
From Schwab’s article called: “Dirty paper.”
“…Attorneys general in all 50 states plus the District of Columbia are jointly investigating whether paperwork and legal procedures were handled properly. At the federal level, the Treasury Department's Office of the Comptroller of the Currency last month asked seven big banks to examine their foreclosure practices. The OCC and the Federal Deposit Insurance Corp. are also working with the Fed on its examination.
In addition to probing the banks handling of foreclosure documents, Fed staffers and other federal agencies are evaluating the potential effects of the foreclosure debacle on the real-estate market and on financial institutions, Bernanke said. …”
From:
http://news.yahoo.com/s/ap/20101025/ap_on_bi_ge/us_bernanke_housing
Billy T comment: Note this is different problem from (1a) of prior post 299. It more directly effecting the housing market, than the “mortgage pull back” problem, caused by lack of “due diligence” in issuing the mortgage back “toxic trash” which may stick up to 170 billion dollar loss on the banking system. The rating companies which put AA ratings on the toxic trash will probably get off the hook with:
“Hey were not perfect, we do make mistakes.”
SUMMARY The housing market collapse is just getting started. When homes fall 10% more in price, MORE THAN HALF OF ALL MORTGAGED HOMES IN THE US WILL BE "UNDERWATER." (20% already are.)
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A few days later by edit:
"as many as 7 million homes face foreclosure or have already been seized by lenders, according to Zillow Inc.,
a clog in the pipeline {Robo-signers} may delay a housing recovery, which won’t occur until home prices stop falling. That could in turn postpone a U.S. economic recovery. Distressed properties accounted for 31 percent of all U.S. home sales last month, RealtyTrac Inc. said Oct. 14.
“If what’s a hiatus turns into a moratorium, that’s quite problematic,” Stan Humphries, chief economist for Zillow, a Seattle-based real estate data provider, said in an interview. “It will delay the ultimate bottoming process in the market.”
From:
http://noir.bloomberg.com/apps/news?pid=20601087&sid=aiI6HOF9ZkSs&pos=2