Angry NY Foreclosure Judge Says She’ll Order Bank Officials to Court − “In Handcuffs”

by Ken Kappel on November 21, 2011

Michael Powell of the NY Times has a delightful new article called: “Bank Excuses on Foreclosure Growing Stale.” All underwater homeowners and folks with foreclosure issues should take great strength from this article. But, First, get educated right here.

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“The Bank of America lawyer laid down a patented rhetorical move heard in courts across America. Your Honor, this Orange County, N.Y., homeowner — a New York City police officer — didn’t make enough money to qualify for a mortgage modification. He didn’t send us the right documents.”

“He didn’t, he didn’t, he didn’t, and so we should be allowed to foreclose.”

“Justice Catherine M. Bartlett of New York State Supreme Court cut off the lawyer. You, she said,”… are telling me lies.” [Emphasis Added.]

Bank of America got a bailout, and this is an outrage, how this man has been treated,” she said.”Hard-working, middle-class Americans are trying to make it, trying to refinance with your bank.” [Emphasis Added.]

“Either bank officials show up in person, the justice said, or I’m going to order them “here in handcuffs.” [Emphasis Added.]

“Rage has acquired a cleansing power. Patience as a virtue is a hard sell at the burnt end of a four-year economic collapse. Zuccotti Park shakes, rattles and rolls; television yakkers chat about inequality; and the federal judge Jed Rakoff all but heckled the Securities and Exchange Commission last week for going easy on Citigroup misbehavior.”

“Then there is Eric T. Schneiderman, New York’s attorney general, caught in Month 5 of a face-off with the White House. President Obama dearly wants to seal a deal in which the nation’s largest banks toss over a few bales of cash — $20 billion to help with foreclosure relief — and the state attorneys general agree not to pursue sprawling and explosive legal cases against the banks.” [Emphasis Added.]

Ken here. Remember this concerns AG’s agreeing to not criminally indict Bankers.

“Mr. Schneiderman and Attorney General Beau Biden of Delaware, joined by a few others, say no. Banks, they say;

should disgorge more documents,

testify more precisely and

prove more completely that they own millions of mortgage notes.

These rebel attorneys general want the banks to hand over more than $200 billion, which would enable the government to write down tens of millions of mortgages.” [Emphasis Added.]

“But in the end, their argument is elemental: ”
“Wouldn’t the nation benefit from knowing the truth about the behavior of banks and bankers? “

“If you don’t air out the policies that led to the implosion of the economy, it will happen again,” says Mr. Schneiderman.” There’s not one sentence in the proposed agreement, not one period or comma about the stuff that blew up the economy. We can’t let the banks rewrite history.” [Emphasis Added.]

“The desire to know precisely what happened during that give-a-mortgage-to-anyone-who-breathes, securitize-this frenzy has historical antecedents. In the Great Depression, the United States Senate hired another New York lawyer, Ferdinand Pecora, to write the report on its investigation of that collapse.”

“Mr. Pecora found more questions than answers, and insisted on more subpoenas, more forensic investigators and more brokers testifying under oath. Like a man reaching into a barrel of dead fish, he found a great stink. Not least, he discovered that National City (the lineal ancestor of the same misbehaving Citigroup) had sold flawed investments and that its president engaged in something close to tax evasion.”

“Seventy-eight years later, the Obama administration has Shaun Donovan, secretary of housing and urban development; the economic adviser Gene Sperling; and Attorney General Eric H. Holder Jr. dialing liberals, activists and bloggers, urging them to pressure the rebellious attorneys general to forgo emotionally satisfying inquiries and take the deal.”

“Banks make money and find loopholes, the president noted last month. These actions aren’t “necessarily against the law.” [Emphasis Added.]

Ken here. We recall the Young President actually stating: “… while they are not ethical they aren’t necessarily against the law.”

“That raises the question: How does he know? ”

Ken here. Good one. Indeed, How does the Young President know?  Perhaps, because his new chief of staff, the gatekeeper to his person, mind, eyes and ears, was recently NO. 3 man to Jamie Dimon, the Feared (by Fed Chair Ben Bernanke at least) CEO of JP Morgan Chase. OH this IS getting good. Take heart, but, get educated right here.

“Mr. Schneiderman is chary of talking too much now about his investigation. A few years back, he wrote an article for The Nation magazine, arguing that Democrats had for too long forsaken transformational politics for transactional, cut-a-deal politics. At the time, Washington Democrats dismissed such arguments as idealistic silliness.”

“Except that the cultural dial seems to be turning now.”

“Back in Orange County, the Legal Services lawyer Gina DeCrescenzo had fought for years to protect that New York police officer, William Castillo, filing motion after motion. No judge seemed to share her frustration until October, when Justice Bartlett threw out the foreclosure.”

You want to appeal me, you go right ahead,” the judge told the bank lawyer. “Because what happened here is disgusting.”

Ken here. Go Judge Go.

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