The Mortgage Meltdown of 2006-2010: A Crisis of Fraud, Plausible Deniability, and Failed Legal Oversight

By Daniel Edstrom *
September 24, 2024

The mortgage meltdown of 2006-2010 wasn’t just the result of risky loans or Wall Street’s greed. It was a perfect storm where nearly every step of the process—from mortgage origination to foreclosure—was marred by misrepresentation, fraud, and systemic negligence. Central to this crisis was the culture of plausible deniability, where every participant could claim ignorance of wrongdoing, allowing the entire system to collapse without anyone being held fully accountable. And even when the crisis hit, the legal and regulatory system showed significant leniency toward financial institutions while homeowners were left to face severe consequences.

Continue reading “The Mortgage Meltdown of 2006-2010: A Crisis of Fraud, Plausible Deniability, and Failed Legal Oversight”

COVID-19 Global Dashboard

COVID-19 Global Dashboard

By Daniel Edstrom
DTC Systems, Inc.
March 10, 2020

Johns Hopkins University has created a global dashboard monitoring the status of the Coronavirus 2019 (COVID-19) from over 100 countries around the world. You can see a link to this dashboard from here: http://lab27b.net/covid-19

United States Sues UBS to Recover Civil Penalties for Fraud in the Sale of RMBS Securities

United States Sues UBS to Recover Civil Penalties for Fraud in the Sale of RMBS Securities


By Daniel Edstrom
DTC Systems, Inc.

November 8, 2018

Today the United States filed a civil complaint against UBS AG and several of its United States affiliates (together, “UBS”) in federal court for the Eastern District of New York.

The complaint alleges UBS defrauded investors contributing to the 2008 financial crisis, “which resulted in lasting economic harm to the nation and unnecessary suffering for Americans”.

The complaint alleges investors “suffered catastrophic losses”. Further, the complaint alleges “These practices resulted in massive losses to investors, harmed homeowners, and ultimately jeopardized the banking system.”

The complaint alleges that UBS’ fraudulent actions were based on “mail fraud, wire fraud, bank fraud, and other misconduct.” Continue reading “United States Sues UBS to Recover Civil Penalties for Fraud in the Sale of RMBS Securities”

Wells Fargo Bank, N.A. Accused of Control Fraud through Stumpf and Other Corporate Insiders

Wells Fargo Bank, N.A. Accused of Control Fraud through Stumpf and Other Corporate Insiders

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By Daniel Edstrom
DTC Systems, Inc.

October 19, 2016

The purpose of Sarbanes-Oxley legislation is to put in place financial controls in order to not only reduce fraud, but to identify risks so that the controls can be expanded or new controls put in place. Large companies such as Wells Fargo Bank have compliance departments and ethics lines where questionable conduct (unlawful or not) can be reported “safely” in order for the company to take action to stop and/or remediate the questionable conduct. This is done so that a business operates safely and soundly, and is the perfect source for implementing new controls, enhancing existing controls, testing the effectiveness of the controls, or at least disclosing material deficiencies that can be identified and corrected at a later date. Continue reading “Wells Fargo Bank, N.A. Accused of Control Fraud through Stumpf and Other Corporate Insiders”

Glaski vs Bank of America NA et al – FOR PUBLICATION

Glaski vs Bank of America NA et al – FOR PUBLICATION

Edstrom_MortgageSecuritization_POSTER_17_x_22_v4_1By Daniel Edstrom
DTC Systems, Inc.

On August 8, 2013 the Fifth Appellate District in the Court of Appeal of the State of California ordered the Thomas A. Glaski vs Bank of America, NA et al decision published, stating:

 

 

As the nonpublished opinion filed on July 31, 2013, in the above entitled matter hereby meets the standards for publication specified in the California Rules of Court, rule 8.1105(c), it is ordered that the opinion be certified for publication in the Official Reports.

Based on the importance of this case, the text of the July 31, 2013 ruling is listed verbatim:

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THOMAS A. GLASKI,Plaintiff and Appellant,v.

BANK OF AMERICA, NATIONAL ASSOCIATION et al.

Defendants and Respondents.

F064556

(Super. Ct. No. 09CECG03601)

OPINION

 

APPEAL from a judgment of the Superior Court of Fresno County.  Alan M. Simpson, Judge.

Law Offices of Richard L. Antognini and Richard L. Antognini; Law Offices of Catarina M. Benitez and Catarina M. Benitez, for Plaintiff and Appellant.

AlvaradoSmith, Theodore E. Bacon, and Mikel A. Glavinovich, for Defendants and Respondents.

-ooOoo-

INTRODUCTION

            Before Washington Mutual Bank, FA (WaMu) was seized by federal banking regulators in 2008, it made many residential real estate loans and used those loans as collateral for mortgage-backed securities.[1]  Many of the loans went into default, which led to nonjudicial foreclosure proceedings.  Some of the foreclosures generated lawsuits, which raised a wide variety of claims.  The allegations that the instant case shares with some of the other lawsuits are that (1) documents related to the foreclosure contained forged signatures of Deborah Brignac and (2) the foreclosing entity was not the true owner of the loan because its chain of ownership had been broken by a defective transfer of the loan to the securitized trust established for the mortgage-backed securities.  Here, the specific defect alleged is that the attempted transfers were made after the closing date of the securitized trust holding the pooled mortgages and therefore the transfers were ineffective.

In this appeal, the borrower contends the trial court erred by sustaining defendants’ demurrer as to all of his causes of action attacking the nonjudicial foreclosure.  We conclude that, although the borrower’s allegations are somewhat confusing and may contain contradictions, he nonetheless has stated a wrongful foreclosure claim under the lenient standards applied to demurrers.  We conclude that a borrower may challenge the securitized trust’s chain of ownership by alleging the attempts to transfer the deed of trust to the securitized trust (which was formed under New York law) occurred after the trust’s closing date.  Transfers that violate the terms of the trust instrument are void under New York trust law, and borrowers have standing to challenge void assignments of their loans even though they are not a party to, or a third party beneficiary of, the assignment agreement.

We therefore reverse the judgment of dismissal and remand for further proceedings.

Continue reading “Glaski vs Bank of America NA et al – FOR PUBLICATION”

Glaski Decision in California Appellate Court Turns the Corner on “Getting It”

Neil_GarfieldGlaski Decision in California Appellate Court Turns the Corner on “Getting It”

By Daniel Edstrom
DTC Systems, Inc.

The following article was posted by Neil F. Garfield of livinglies.wordpress.com and comes from the following URL: http://livinglies.wordpress.com/2013/08/02/glaski-decision-in-california-appellate-court-turns-the-corner-on-getting-it/

On the other hand we should not assume that they have arrived nor that this decision will have pervasive effects throughout California or elsewhere in the United States or other countries.

J.P. Morgan did suffer a crushing defeat in this decision. And the borrower definitely receive the benefits of a judicial decision that will allow the borrower to sue for wrongful foreclosure including equitable and legal relief which in plain language means reversing the foreclosure and getting damages. Probably one of the most damaging conclusions by the appellate court is that an examination of whether the loan ever made it into the asset pool is proper in determining the proper party to initiate a foreclosure or to offer a credit bid at a foreclosure auction.  The court said that alleged transfers into the trust after the cutoff date are void under New York State law which is the law that governs the common-law trusts created by the banks as part of the fraudulent securitization scheme.

Continue reading “Glaski Decision in California Appellate Court Turns the Corner on “Getting It””

Perils of Pooling: OneWest

Neil_GarfieldPerils of Pooling: OneWest

By Daniel Edstrom
DTC Systems, Inc.

The following article was posted by Neil F. Garfield of livinglies.wordpress.com and comes from the following URL: http://livinglies.wordpress.com/2013/07/31/perils-of-pooling-onewest/

Apparently my article yesterday hit a nerve. NO I wasn’t saying that the only problems were with BofA and Chase. OneWest is another example. Keep in mind that the sole source of information to regulators and the courts are the ONLY people who understand mergers and acquisitions. So it is a little like one of those TV shows where the only way they can get an arrest and conviction is for the perpetrator or suspect to confess. In this case, they “confess” all kinds of things to gain credibility and then lead the agencies and judicial system down a rabbit hole which is now a well trodden path. So many people have gone down that hole that most people that is the way to get to the truth. It isn’t. It is part of a carefully constructed series of complex conflicting lies designed carefully by some very smart lawyers who understand not just the law but the way the law works. The latter is how they are getting away with it.

Continue reading “Perils of Pooling: OneWest”

Perils of Pooling

Neil_GarfieldPerils of Pooling

By Daniel Edstrom
DTC Systems, Inc.

The following article was posted by Neil F. Garfield of livinglies.wordpress.com and comes from the following URL: http://livinglies.wordpress.com/2013/07/30/perils-of-pooling/

Perils of Pooling

Posted on July 30, 2013 by Neil Garfield

We hold these truths to be self evident: that Chase never acquired any loans from Washington Mutual and that Bank of America never acquired any loans from Countrywide.  A review of the merger documents approved by the FDIC reveals that neither Chase nor Bank of America wanted to assume any liabilities in connection with the lending operations of Washington Mutual or Countrywide, respectively. The loans were expressly left out of the agreement which is available for everyone to see on the FDIC website in the reading room.

Continue reading “Perils of Pooling”

Federal Reserve Board Announces Amendment to GMAC Consent Order

  Federal Reserve Board Announces Amendment to GMAC Consent Order

GMAC_1

 

 

 

 

By Daniel Edstrom
DTC Systems, Inc.

The following press release was issued on July 26, 2013:

Press Release

Release Date: July 26, 2013

For immediate release

The Federal Reserve Board on Friday released an amendment to the enforcement action against GMAC Mortgage requiring approximately $230 million in cash payments to mortgage borrowers.

Continue reading “Federal Reserve Board Announces Amendment to GMAC Consent Order”

All Assignments of a Mortgage Must Be Recorded Before the Mortgagee Begins Foreclosure by Advertisement

foreclosure_Street2All Assignments of a Mortgage Must Be Recorded Before the Mortgagee Begins Foreclosure by Advertisement

By Daniel Edstrom
DTC Systems, Inc.

The Minnesota Supreme Court issued a ruling requiring strict compliance with recording assignments prior to starting a foreclosure by advertisement.

Quote from the ruling:

Under Minn. Stat. § 580.02 (2012), all assignments of a mortgage must be recorded before the mortgagee begins the process of foreclosure by advertisement. Absent strict compliance with this requirement, a foreclosure by advertisement is void.
Affirmed.

 

Download the ruling here: http://dtc-systems.net/wp-content/uploads/2013/06/Ruiz-vs-1st-Fidelity-Foreclosure-by-Advertisement-must-have-strict-compliance.pdf