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Obama Kills Bill Which Would Have Made It More Difficult for Homeowners to Challenge Foreclosures
WASHINGTON - President Barack Obama killed proposed legislation on Thursday that struck at the heart of growing political rage over how banks have moved to evict struggling borrowers from their homes.
The bill, which would have made it more difficult for homeowners to challenge foreclosures, came under the spotlight this week as the furor grew over disclosures that some of the biggest U.S. mortgage processors filed false affidavits in thousands of foreclosure cases.
Obama sent the bill back to the House of Representatives for further discussion on how it would affect the foreclosure crisis, one of the most visible signs of the deep economic problems gripping the country.
The chorus of calls from political leaders for a suspension of foreclosures grew on Thursday, with Senate Majority Leader Harry Reid and Representative Ed Towns, the Democratic chairman of the House Committee on Oversight and Government Reform, adding their voices.
The bill, the Interstate Recognition of Notarizations Act, cruised through the Senate last week with no public debate and could have shielded bank and mortgage processors from liability for foreclosure documents that were prepared improperly.
"We believe it is necessary to have further deliberations about the intended and unintended impact of this bill on consumer protections, including those for mortgages, before this bill can be finalized," the White House communications director, Dan Pfeiffer, said in a blog posting.
In a development first reported by Reuters, the bill would have required courts to accept all out-of-state notarizations, including those stamped en masse by computers in a practice that critics say has been improperly used to expedite foreclosure orders.
Senate Majority Leader Harry Reid, who is fighting a tough bid for reelection in Nevada, where foreclosure rates have been the highest in the nation, on Thursday called for the largest mortgage servicers to suspend foreclosures in Nevada.
And Towns, a New York Democrat, called for top mortgage lenders and banks to voluntarily halt all foreclosures in the country and asked New York Attorney General Andrew Cuomo to investigate allegations of fraud and other possible criminal activity.
"Losing a home can be one of the most traumatic experiences faced by an American family. Anyone forced to go through this process should be treated fairly. Sadly, it appears this may not have been the case for some borrowers," Towns said in a statement.
So far, Ally Financial Inc's GMAC Mortgage, JPMorgan Chase & Co and Bank of America have all announced that they are suspending some of their foreclosures to review whether they have been conducting them properly.
Wells Fargo has said that it is "confident" in its foreclosure paperwork, and Citigroup has also not announced plans to halt foreclosures despite increased pressure from state attorneys general and lawmakers in Washington.
Banks are expected to take over a record 1.2 million homes this year, up from about 1 million last year, according to real estate data company RealtyTrac Inc.
False notarizations figured in disclosures that GMAC, JPMorgan and other big mortgage processors filed false affidavits in thousands of cases, part of the wave of foreclosures that erupted in the wake of the financial and economic crisis.
The U.S. Justice Department said Wednesday it was probing reports the nation's top mortgage lenders improperly evicted struggling borrowers as growing numbers of lawmakers on both sides of the aisle demanded investigations.
The debate over foreclosure procedures comes just weeks before the November congressional elections with Obama's fellow Democrats braced for potentially big losses from voters frustrated by the slow economic recovery and punishingly high unemployment rates.
But while many householders may cheer efforts to get tough with banks, some experts say any blanket halt to foreclosures could risk further hobbling the economy as banks wonder whether they will ever claw back losses and the housing market grapples with by a mounting inventory of homes still likely to face foreclosure in future.
Billionaire investor Wilbur Ross said on Thursday the foreclosure debacle could slow the lending process, seen as key to pumping life back into the U.S. economy.
"I think it's more of a clogging of the system and introducing another note of uncertainty," Ross said at a Reuters summit on restructuring in New York.
MYSTERIOUS BILL
Obama's decision not to sign the bill capped a week which saw the legislation, passed by the House in April, suddenly pushed through the Senate Judiciary Committee and approved by the full Senate on September 27, the day before the Senate recessed for the midterm election campaign.
Passage of the bill caught homeowners' advocates, including lawyers and some state officials, by surprise with some saying the timing seemed peculiar.
The bill had received almost no public attention but stirred controversy once the Senate's rapid passage of bill became public.
Congressional staffers said many lawmakers and White House officials initially didn't realize that the bill, which nominally deals only with notarizations, could have big impact on foreclosure cases.
Additional reporting by Ross Colvin; writing by Andrew Quinn; editing by Leslie Adler.
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67 Comments so far
Show AllThanks, agelbert.
Clearly, there is one rule of law for the powers that be and another for you and me. What you describe is economic terrorism with malice aforethought --- clear evidence of conspiracy and racketeering that any decent prosecutor could surely pursue under RICO statutes with special grand juries.
But while these robber barons and war criminals enjoy absolute, blanket immunity, those forces are deployed instead against peaceful anti-war protestors. And so we have for-profit prisons for political prisoners and drug offenders; and we wage trillion-dollar wars to kill dirt-poor opium farmers and rag-tag insurgents in mud huts and caves, purportedly hunting for bin Laden on ten-year fool's errand---expanding beyond borders with no end in sight. This is now a manifestly Orwellian universe that defies comprehension.
You are welcome, Doug,
Mens Rea is the default mindset of elitists throughout history.
"But we are told that we need not fear; because those in power, being our representatives, will not abuse the powers we put in their hands. I am not well versed in history, but I will submit to your recollection, whether liberty has been destroyed most often by the licentiousness of the people, or by the tyranny of rulers.
I imagine, sir, you will find the balance on the side of tyranny. Happy will you be if you miss the fate of those nations, who, omitting to resist their oppressors, or negligently suffering their liberty to be wrested from them, have groaned under intolerable despotism!
Most of the human race are now in this deplorable condition; and those nations who have gone in search of grandeur, power, and splendor, have also fallen a sacrifice, and been the victims of their own folly. While they acquired those visionary blessings, they lost their freedom."(Patrick Henry)
Mens Rea, "consciousness of guilt" (thanks, Google), proof of intent, is now their fatal weakness.
Worth repeating Patrick Henry (liberty or death): "...those nations who have gone in search of grandeur, power, and splendor, have also fallen a sacrifice, and been the victims of their own folly. While they acquired those visionary blessings, they lost their freedom."
Henry recognized states worse than death. How ironic it is, then, that we have become the very tyranny we fought---victims of our own success. America is snared by the vortex that relentlessly draws all empires; Israel becomes supremely racist occupiers; Russia, a paragon of state capitalism; the snake eats its tail; history rhymes.
There are very profound spiritual lessons for us in this current passage to a new Earth. Thus, history is arcing toward justice.
I am finding it hard to believe that the entire Senate voted for this stinker. But I haven't noted any denial from any part. Either they voted "yea" or abstained, but either way that includes Bernie Sanders, Russ Feingold, and Al Franken? Who wrote this damn bill anyway, Dems or Repubs? It's no wonder that the Dems are up to their ears in what Dante described as filling up the 3rd Circle of Hell!
"HR 3808: To require any Federal or State court to recognize any notarization made by a notary public licensed by a State other than the State where the court is located when such notarization occurs in or affects interstate commerce."
There it is.
Sponsor: Rep Aderholt, Robert B. [AL-4]
How can these Dem nitwits vote for anything written by a Repub?
Apr 27, 2010: This bill passed in the House of Representatives by voice vote. A record of each representative’s position was not kept.
Sep 27, 2010: This bill passed in the Senate by Unanimous Consent. A record of each senator’s position was not kept.
My daughter manages a real estate office in Seattle WA. She became a notary to facilitate her work. I don't know how much it cost in Seattle, but in AZ it cost $43. She could make a fortune doing notarizations for banks that have forged docs on their (maybe their, or what they think are their) toxic waste mortgages.
The US is indeed a third world country.
Yup, a banana republic alright. But ... we can't even grow bananas!
"How can these Dem nitwits vote for anything written by a Repub?"
Because Dems ARE THE REPUBS.
as soon as the election is over,
congress will send the same or worse bill right back under a different code name and
oh-bummer will sign it without a peep in the stealth of the night.
Most of the commenters here don't understand the confidence game that took place. The investment banks(JP morgan, and Goldman Sachs) put all these high risk loans together and sold them as AAA investments to their clients. Than they took the opposite side of the bet... Shorting the bonds and insuring the losses with AIG. If the Government didn't bail out AIG the parasites would have died. GS and JP morgan would have gone the path of Lehman Brothers. It pays to own the government. This is what the crybabies like Chameleon don't understand. GS wanted those investments to crash. In fact they bet on them to crash. That was the whole game. GS destroyed the Amerixan economy... They sold it all to China. All they have left are Ponzi schemes and Government support.
http://www.zerohedge.com/article/hr3808-equivalent-tarp-2-and-obamas-get-out-jail-gift-card-high-frequency-signing-scandal
excellent analysis of the situation we are in
Thanks for the link.
So, good old Senator Leahy from my state (Vermont) failed the people again. This really, really stinks because Vermont is the state with the LEAST foreclosures in the nation. This turncoat certainly didn't do this for his 'constituents' in Vermont as he claimed.
Another day, another Democrat in cahoots with his brother republican (Sessions) betrays the country for the banks.
This was passed by voice vote UNANIMOUSLY in the senate. Bernie Sanders, ET TU BRUTE?