Posted by | October 15, 2010 08:34 | Filed under: Top Stories

Americans are being thrown out of their homes in some cases because they signed mortgages with disreputable companies. Some of the companies foreclosing on homes are doing so with questionable legality, as Paul Krugman notes.

But do they actually have the right to seize these homes? Horror stories have been proliferating, like the case of the Florida man whose home was taken even though he had no mortgage. More significantly, certain players have been ignoring the law. Courts have been approving foreclosures without requiring that mortgage servicers produce appropriate documentation; instead, they have relied on affidavits asserting that the papers are in order. And these affidavits were often produced by “robo-signers,” or low-level employees who had no idea whether their assertions were true.

In many cases there is no documentation.

…loans were sold off to mortgage “trusts,” which, in turn, sliced and diced them into mortgage-backed securities. The trusts were legally required to obtain and hold the mortgage notes that specified the borrowers’ obligations. But it’s now apparent that such niceties were frequently neglected. And this means that many of the foreclosures now taking place are, in fact, illegal.

This is very, very bad. For one thing, it’s a near certainty that significant numbers of borrowers are being defrauded — charged fees they don’t actually owe, declared in default when, by the terms of their loan agreements, they aren’t.

This is where regulation comes in.

For example, the Center for American Progress has proposed giving mortgage counselors and other public entities the power to modify troubled loans directly, with their judgment standing unless appealed by the mortgage servicer. This would do a lot to clarify matters and help extract us from the morass.

And it’s where we have to stop demonizing an entity that can make sure that consumers are protected. That entity may involve legislation and rule-making. Yes, the United States government.

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Copyright 2010 Liberaland
By: Alan

Alan Colmes is the publisher of Liberaland.