Wednesday, October 6, 2010

'Mortgage Fraud': HR 3808 as Litmus Test for Obama

on whom he really serves. I'm not holding my breath, though.

HR 3808 has already passed House and Senate without any public discussion, and it is ready for Obama to sign into law.

What is it, you ask? The bill requires all federal and state courts to recognize notarizations made in other states. The practical application?

"... the legislation, if enacted, could protect bank and mortgage processors from liability for false or improperly prepared documents. In other words, with one simple signature Obama has the capacity to prevent tens of billions in damages to banks from legal fees, MBS deficiency claims, unwound sales, and to formally make what started this whole mess: Court Fraud perpetrated by banks, a legal act, and to finally trample over the constitution."

Is HR3808 The Equivalent Of TARP 2 And Obama's "Get Out Of Jail" Gift Card For The High Frequency Signing Scandal? (Tyler Durden, 10/06/2010 Zero Hedge)

Now that the High Frequency Signing (HFS, not to be confused with HFT) scandal is mainstream, and virtually every single foreclosure in the US in the past several years is under question, with the impact on mortgage servicers (who just happen to be the TBTF banks) could be just as dire as the fallout from the credit crunch, it appears that the get out of jail card for the banking syndicate has once again materialized, this time in the form of bill HR3808: Interstate Recognition of Notarizations Act of 2009, sponsored by Republican representative Robert Aderholt. The bill, it turns out, has passed both congress and senate, and is now quietly awaiting for Obama's signature to be enacted into law. In summary, the bill requires all federal and state courts to recognize notarizations made in other states. That's the theoretical definition: the practical one - the legislation, if enacted, could protect bank and mortgage processors from liability for false or improperly prepared documents. In other words, with one simple signature Obama has the capacity to prevent tens of billions in damages to banks from legal fees, MBS deficiency claims, unwound sales, and to formally make what started this whole mess: Court Fraud perpetrated by banks, a legal act, and to finally trample over the constitution. Will Obama do it? Potentially - the banking lobby certainly has enough power over him and his superiors, the members of the FOMC. On the other hand, the populist revolt that will surely follow the enactment of such a law will certainly end any dreams of a second term, and potentially of a completed first one. The drama is now on: will Obama openly side on behalf of the bankers (without a "blame the republicans" fall back this time) or of the foreclosure "victims" (granted, the bulk of whom are deadbeat homeowners who should never have owned a home to begin with). We doubt a decision will be reached before the midterms, although quite a bit now hangs in the balance." [The article continues.]

The article cites Reuter's article explaining the conundrum, and a very curious special procedure in the Senate that allowed the bill to be rushed through, even to the surprise of the sponsor of the bill. It passed the Senate one day before the recess, on September 27 without any discussion.

Zero Hedge ends the article with this remark:

"Unfortunately even if the prompt Senatorial passage of the bill was the bankers' plan all along, they may have shot themselves in the foot by leaving it up to the president to determine if America is now a banker corporatocracy (what some may call a fascist regime), or still a place that believes in laws and regulations, as broken as they may be, in broad daylight. Our sense, is that this bill will not pass, although we have on many occasions in the past underestimated the degree of corruption in this country. On the other hand, should tens of millions of Americans have a crystallized image of one person who in their view will be "responsible" for their inability to pay their mortgage bill on time, then we just may be one step closer to the full societal collapse that many predict will accompany the end of Keynesianism.

"The ball is now in the president's court."

Now, will he, or won't he, sign this into law?

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