Still a third and even more serious problem than the two discussed in posts 299 and 300 associated with "Morgtage Gate" (Not the "pull back" or the "robo-signers" problems, this is an "unpaid local taxes" problem and boy are those local governments hungry for those taxes due them).
Billy T introduction:
When a bank sold your mortgage or swapped it with some others from another part of the country (for “diversification”) of the packages of “mortgage backed securities” MBS, (also now called “toxic trash” but given AA or better ratings, in part because of the diversification in the MBS packages and in part because many at the time believed home prices could only go up) they must locally record the change of ownership in the county’s land records offices for the transfer to a new owner to be legal (or at least safe from challenge in the courts.). To facilitate transfers of owners ship of the mortgage, usually in the mortgage there is a “nominee” granted the right the sign transfer papers. Also the banks set up a clearing house for the swaps called Mortgage Electronic Registration Systems (MERS See http://en.wikipedia.org/wiki/MERS). Being electronic, of course nothing was actually signed on any paper and transfers of ownership via MERS did not record transfers in the local land records office (or pay their recording fees). Here is MoneyMorning’s discussion of the financial disaster for US this “MortgageGate” problem probably will cause:
“…Every time there's change on the title (a change occurs when the nominee switches the lender on your title out for another), local governments require that a new title be recorded. Of course, those governments - the county or municipality that you live in - also charge a "recording fee." … Here's the problem. In creating MERS, these institutions actually changed the land-title system that this country - for much of its history - has relied upon to determine legal ownership status of land titleholders.
Not only did the lenders sidestep (read that to mean avoid) paying billions of dollars in fees to local governments, they paid themselves from the fees that MERS collected. MERS is facing class-action lawsuits and civil racketeering suits around the country and their members {US's largest banks and many others} are being individually named in all these suits. One suit alleges that MERS owes California a potential $60 billion to $120 billion in unpaid land-recording fees.
{Billy T insert: Not a problem as California is already insolvent.}
If suits against MERS and all its members are successful, unpaid recording
fees and fines (that can be as much as $10,000 per incident) would make every one of them {banks and others who wrote mortgages} insolvent. … what the Federal Reserve meant when it warned of "potential negative shocks?"
The bottom line for investors is that until all these issues are cleaned up (which might take years, or even decades) - or until there's perhaps some sort of legislative clarity that eases uncertainty - investors face the threat of a severe "correction" in any or all of the markets that have risen on the hope that the long-hoped-for U.S. recovery is finally taking hold.
From:
http://moneymorning.com/2010/10/29/mortgagegate-4/
Note MoneyMorning is an investment advisory firm, but If this drags out for years (as seems likely) the housing collapse is just starting as no one is sure who owns the homes with mortgages that were packaged into MBS. For example, no one will issue "title insurance" and without that no lender will lend the potential buyer a loan. Thus the number of home buyers will be reduced while that unsold inventory of homes continues to climb even more rapidly (See graph in post 302.) Only the rich, who can pay without any mortgage will be buying homes, and they will drive hard bargains. I.e. it will be a "buyers market" like none that has ever existed before Possible getting only 15% of what you paid for your home will be common if you must sell. X-man 2's mother got 25% (see post 301) and she may have been lucky to do so as sellers will out number buyers by at least 7 to 1 if no title insurance is available (Even the rich may not want to buy as they too cannot be sure they are getting a "clear title.")
Billy T's final comment: When Joe Homeowner learns that the bank or the investors in the MBS in which his mortgage is part, do not have any clear legal right to collect his mortgage payments, what do you think he will do? Stop paying even if he can and is not "under water." Yes, that is what I think he will do also. Thus almost all with mortgages created in the last 5 or so years (and most older ones have been refinanced to lower interest rates so are less than 5 years old) can stop paying their mortgages, at least until the courts or Congress clears up this mess. Thus the loss for the banks is not just what they must eat due to the pull back suits but may be most of all the monthly mortgage payments!
Billy T's "bottom line": Don't invest in any bank as most of them will collapse, until a Bank Bailout two, BB2, passes Congress, and given how much anger against the banks and BB1 there is, that passage of BB2 is by no means certain.