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Woody Guthrie: The Jolly Banker
Not nearly enough time to write lately thanks to my ongoing enormous data project but came across this Woody Guthrie song I thought I’d share.
Since it’s almost Passover/Easter it’s worth pointing out the ancient Israelite’s found themselves jammed-up due to a government that “didn’t remember.” So, whereas the new material is always interesting it’s always good to take the opportunity to remember that we’ve been here before.
I don’t know if Woody’s copyright is still there. If so maybe they’ll ask me to take it down, but something tells me Woody would jump out of his grave and start singing it himself if he could.
Click here to hear Woody singing the song.
The Jolly Banker
My name is Tom Cranker and I’m a jolly banker,
I’m a jolly banker, jolly banker am I.
I safeguard the farmers and widows and orphans,
Singin’ I’m a jolly banker, jolly banker am I.
When dust storms are sailing, and crops they are failing,
I’m a jolly banker, jolly banker am I.
I check up your shortage and bring down your mortgage,
Singin’ I’m a jolly banker, jolly banker am I.
When money you’re needing, and mouths you are feeding,
I’m a jolly banker, jolly banker am I.
I’ll plaster your home with a furniture loan,
Singin’ I’m a jolly banker, jolly banker am I.
If you show me you need it, I’ll let you have credit,
I’m a jolly banker, jolly banker am I.
Just bring me back two for the one I lend you,
Singin’ I’m jolly banker, jolly banker am I.
When your car you’re losin’, and sadly your cruisin’,
I’m a jolly banker, jolly banker am I.
I’ll come and forclose, get your car and your clothes,
Singin’ I’m jolly banker, jolly banker am I.
When the bugs get your cotton, the times they are rotten,
I’m jolly banker, jolly banker am I.
I’ll come down and help you, I’ll rake you and scalp you,
Singin’ I’m jolly banker, jolly banker am I.
When the landlords abuse you, or sadly misuse you,
I’m jolly banker, jolly banker am I.
I’ll send down the police chief to keep you from mischief,
Singin’ I’m jolly banker, jolly banker am I.
MBA & Florida Foreclosure Mill Lawyers: MBS Bond Investors Aren’t “Frustrated”
Housing Wire published an article, Nightmare continues for Florida foreclosure system, that meant to blame foreclosure defense lawyers for slow foreclosure processing times. However, the article inadvertently highlighted a different but more genuine cause for the slowdown in the swamp.
Two lawyers are cited, David Rodstein of the Rodstein Law Group, and Jane Bond of McCalla Raymer. McCalla Raymer is large foreclosure filer in other states, though they’re a relatively recent entrant to Florida. The Rodstein Law Group is definitely a new firm, as I’ll explain later.
“It’s not as bad as it seems,” the article quotes Rodstein, speaking about the backlog of Florida foreclosures. ”It’s much, much worse.”
Rodstein explains his reasoning: “Borrowers can hire these (foreclosure defense) attorneys for a small monthly payment — much less than the mortgage — and the attorney can come in and easily delay the case for a year plus.”
Bond notes the problem escalated after the firm run by disgraced lawyer David J. Stern blew up. One bank went from having six lawyers in FL to 26, she adds.
Since I don’t know which servicer she is referring to I can’t check my database to see who these new firms might be. I strongly suspect two of these new firms include McCalla Raymer and the Rodstein Law Group.
“The judges are frustrated,” Bond notes. “The attorneys are frustrated. The servicers are frustrated. Everyone is frustrated.”
I’m frustrated too because, you see, Rodstein worked for disgraced and shuttered law firm Ben-Ezra Katz, and whined about the pace that his former employer was forced to turn over files to government-owned Fannie Mae. It was this slow, disorganized turnover — and the reckless lawyering that led to it — which sent our court system reeling and have caused massively higher loss severities to MBS investors.
“I really wish there was more time to do this in a more orderly manner,” said then Ben-Ezra & Katz attorney David Rodstein to the Palm Beach Post on Feb. 25, 2011, Fannie Mae wants files back from fired firm.
Let’s repeat that: the Mortgage Bankers Association asked a lawyer who worked for a firm that was shuttered based on ethical issues — and who then worked to delay handing files back to banks — to chair a committee and lie that it is foreclosure defense lawyers who slowed down foreclosures.
After almost exactly one year Rodstein apparently forgot that he actively worked to slow the transfer of files back to Fannie Mae, which as the Housing Wire article correctly notes, ground the entire FL foreclosure system to a halt. Now a lawyer directly responsible for that slowdown blames the dysfunction on foreclosure defense lawyers rather than accepting any form of personal responsibility.
As for Bond she surely knows that the General Counsel of her new employer is former Fannie Mae lawyer Susan Reid, who had something to do with attorney supervision in Florida. I’d like to be more specific on Reid’s responsibilities but the FHFA, the government agency overseeing Reid’s former employer Fannie Mae, refuses to answer Freedom Of Information Act requests. Fannie argues that they’re a “private” company, albeit one who’s soaked up $180 billion in taxpayer dollars along with cousin company Freddie Mac, and not subject to FOIA disclosure.
I’m sure readers will be shocked — shocked! — to learn that Reid left Fannie Mae after just under 19 years there, in Sept., 2010, right after Stern’s firm was exposed as a fraud-factory and exploded Death Star style. Reid worked for Fannie when they blew off a report from Nye Lavelle that decisively proved Stern was a crook.
It’s telling that these are the two lawyers the MBA chooses to chair a panel on the subject about why foreclosures linger in Florida. But it’s even more insightful that neither Rodstein nor Bond told reporter Jon Prior about the role they or their firms played in the meltdown.
Bond is right about judges being frustrated. Just today I heard a judge literally screaming at a foreclosure lawyer about her inability to “responsibly” handle these cases as she argued to delay a case. As for the other two “frustrated” groups, foreclosure lawyers and servicers, they can find the source of their frustration in any mirror.
There are two groups notably missing in Rodstein and Bond’s list: investors, who actually funded the loans, and borrowers trying to bring their cases to resolution. I realize that to Rodstein and Bond borrowers and lenders exist just to feed them fees but you’d think they’d throw them a crumb of sympathy, especially investors who’s losses continue to climb.
Bond investors, the organizations that wrote the checks, are entirely missing in their narrative.
Maybe Bond, Rodstein, and the MBA reason that both borrowers and lenders were dumb enough to trust servicers, so Rodstein, Bond, and the misnamed MBA — which doesn’t seem to hold any regard for bond investors whatsoever — believe neither has any rights. Bond holders and borrowers, in their world, are supposed to pay endless fees to the irresponsible, dishonest, and reckless agents and their attorneys that have mangled the borrower-lender relationship beyond recognition.
Rodstein’s former employer has slowed down more foreclosure cases than any Florida foreclosure defense lawyer, and maybe more than all of them put together. If Reid was overseeing FL attorney compliance during her time with Fannie Mae then the GC of Bond’s firm is responsible for slowing down even more cases than Rodstein. Except for Stern and Ben-Ezra themselves it is difficult to think of a worse choice of mouthpieces to whine about the pathetic pace of Florida foreclosures than these two liars lawyers.
“Fool me once, shame on you; fool me twice, shame on me,” is an ancient saying. By hiring the same people who caused the mess, rearranged at new law firms, who refuse to take any responsibility for the mess they caused, servicers are setting the system up for another meltdown.
I’d be happy to use my database to pull the Bar ID’s of any lawyer involved in the “old” system and deliver a list of lawyers — let’s call it a reputational background check .. OK, or maybe a blacklist — to investors who can and should insist servicers ban them from working on new cases. Pursuant to 2008 HERA’s mandate to minimize taxpayer losses the FHFA is obligated to ban the GSE’s from hiring these reckless, irresponsible, and dishonest attorneys and any firm that would hire them.
The Florida Bar has obviously decided not to take any disciplinary measures against these lawyers. Indeed, Stern himself still has a license in good standing to practice law; there has been no disciplinary action taken against him. The FL Bar even threw out an ethics referral from an appellate court.
However, self-regulation can and should deliver a simple solution: fire foreclosures lawyers that had anything to do with creating the current mess, as well as any firm that hired them. That alone will send a message for new firms, with new lawyers, to responsibly and respectfully respond to the judges frustration, a feeling which — despite being non-existent to mill lawyers — I can attest is shared by bond bond investors and borrowers.
Hello Amazon .. Goodbye LPS?
This morning Amazon’s Web Services Group announced the “Amazon Simple Workflow Service,” a strong alternative to LPS Desktop, the core application by Lender Process Services.
Some background: Amazon has a division called Amazon Web Services, well-known in tech circles, where they “rent” servers and server-related functions. It is easy to use and inexpensive.
Amazon keeps adding services besides just renting raw computers: Simple Workflow (SWF) is their latest offering. Other services include computer storage rental, DNS hosting, email server rental (don’t worry; they take precautions to prevent spam) .. their list keeps growing.
I use Amazon’s rental service when I need, say, twenty servers to grind through a set of data. Rather than buying or renting twenty real computers with a few clicks I can do the same from Amazon. My servers are ready within a minute or two, they go away (and so does the cost of maintaining them) after I need them, and it doesn’t even cost much.
Many companies buy hundreds or even thousands of computers as needed. For example, Netflix uses AWS to stream their videos so they can rent the computers at night, when more people are watching TV, without bearing the cost of paying for them during the day.
LPS is the foreclosure processing service that was spun off from Fidelity Title Insurance. They’re the bad-boy of the mortgage servicing industry and seem to get themselves perennially in trouble. For example, LPS is the company that acquired DocX, which employed “Linda Green” and the high-school students signing her name on forged property documents. They shut down DocX awhile ago but still have high-volume signing offices spread around the country.
LPS’ core offering is LPS Desktop that enables workflow, the ability to farm out and track foreclosure related tasks as they grind through the system. Time prevents a full explanation of every problem but LPS Desktop seems, even more than MERS, to be at the core of many of the self-inflicted foreclosure related problems ailing the country.
That makes sense because LPS is inherently conflicted; they offer many of the “services” that LPS Desktop enables. Much like a grocery store is likely to put their higher-profit private label items at eye-level, or charge a premium for other companies to do so, there’s an inherent conflict-of-interest between LPS’ service offering and LPS Desktop that enables banks to “shop” for those services.
Luckily for the country, and not so lucky for LPS, Amazon’s offering seems to do exactly the same thing as LPS Desktop. It’s not “free,” in the money sense, like LPS Desktop is, but it is free from conflicts of interest, unlike LPS Desktop. SWF, like most Amazon web services, is inexpensive and looks easy to implement.
For example, I could probably quickly create an LPS Desktop clone in a short amount of time, especially if I re-purpose the core document review technology in my Find The Fraud application.
Now that this technology exists there is no reason for banks to continue using LPS Desktop.
I was once in a business seminar where some consultants said that the elements of trust are honesty, reliability, competence, and caring. This describes Amazon, and it’s exactly the opposite of LPS.
Servicers should switch to Amazon’s SWF service ASAP. It’s a neutral, conflict-free vendor with a reputation for integrity and competence, to handle their workflow management needs.
I obviously am not a fan of foreclosures: I think they’re costly and oftentimes result from the bad-faith failure to mitigate breaches of contract. Foreclosure is oftentimes a first option when it should be a last option. Still .. it is inevitable that foreclosures will happen. In that case they should be handled responsibly, respectfully, and thoughtfully.
Switching from LPS to Amazon, a neutral vendor, to manage the core coordination, facilitation, and workflow is a good first step to cleaning up the foreclosure process.