HR 3808

What’s Behind the Foreclosure Crisis

By Numerian posted by Michael Collins

“MERS acts as nominee in the county land records for the lender and servicer. Any loan registered on the MERS® System is inoculated against future assignments because MERS remains the nominal mortgagee no matter how many times servicing is traded. MERS as original mortgagee (MOM) is approved by Fannie Mae, Freddie Mac, Ginnie Mae, FHA and VA, California and Utah Housing Finance Agencies, as well as all of the major Wall Street rating agencies.” About theMortgage Electronic Registration System, MERS

The foreclosure scandal surrounding the US financial industry is being portrayed by the banks as a technical problem which requires that some documentation errors be fixed. The White House has rejected the calls of many in the Congress for a nationwide moratorium on foreclosures on the grounds that there are quite a lot of them that are legitimate and should be processed. Government officials say it is going to take just a little bit of time to sort out these from the flawed foreclosures.
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ForclosureGate and Real Estate Armageddon

Michael Collins

I wrote the story below in response to an outrageous trick Congress just tried to play on the public.   As many of you know, the Senate passed HR 3808 The Interstate Recognition of Notarizations Act of 2010 unanimously on September 27.   The bill was a carefully crafted, stealth “silver bullet” for the big banks to deal with their increasing legal problems with foreclosures.   President Obama exercised a “pocket veto,” which means he let it die after Congress adjourned. (Image)

While my story  focused on the process and contempt shown to citizens by Congress in that process, I became aware of a much broader issue.   We may well  be on the verge of a real estate value meltdown as a result of very bad behavior, illegal in many cases, by the big banks combined with the legitimate push back of mortgage holders.

If banks can’t foreclose and people can do a strategic default and walk away (0r live free in their residence), what will happen to real estate values?

The larger question emerged in reviewing bank bad behavior.

If there are fundamental flaws in many, maybe most mortgage, flaws of a serious legal nature, what if a strategic default movement spreads beyond just those facing foreclosure?  That’s where Armageddon comes in
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Why Does Congress Hate America?

Michael Collins

Oh, it’s just that Collins guy mouthing off again.

Actually, I was far too easy on Congress yesterday in Lawless Nation – Congress.

Here’s why:  HR 3808 The Interstate Recognition of Notarizations Act of 2010

The bill is the response to the events outlined in a story that  Numerian scooped on foreclosure problems.  The banks are in big trouble.  They failed to follow the law and rules in handling mortgages.  Instead of foreclosing on home owners, those upside down and under water can consider strategic defaults on the mishandled notes.  Legal efforts have reached a point where there’s a “tsunami of legal action against mortgage servicers” as Tyler Durden calls it.

A clever Mandarin somewhere figured out that by changing the law on notarizations, after the fact, Congress could stop the tsunami by “making it more difficult for homeowners to challenge foreclosure proceedings against them.”  (See Ellen Brown)

HR 3808 passed both houses of Congress with ease.  How? (See “Major Actions”) On April 27, it passed the House by a voice vote.  On September 27, it passed the Senate unanimously.   It took just minutes for the bill to pass in both chambers.  Things move right along when there’s no debate.

It was more important for Congress to fix things for the bankers than to keep constituents in their homes in the midst of a relentless financial crisis, as a cold winter approaches.  Congress has inherent contempt for the people.   We’re probably not even important enough to hate.
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H.R. 3808 Interstate Recognition of Notarizations Act of 2010

The Library of Congress    THOMAS

Bill Summary & Status
111th Congress (2009 – 2010)
H.R.3808
Major Congressional Actions


H.R. 3808  Title: Interstate Recognition of Notarizations Act of 2010
Sponsor: Rep Aderholt, Robert B. [AL-4] (introduced 10/14/2009)      Cosponsors (3)
Latest Major Action: 9/30/2010 Presented to President (who killed the bill)

MAJOR ACTIONS

10/14/2009 Introduced in House
4/27/2010 Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.
9/27/2010 Senate Committee on the Judiciary discharged by Unanimous Consent.
9/27/2010 Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.
9/27/2010 Cleared for White House.
9/30/2010 Presented to President. (President Obama refuses to sign the bill  It dies…for now.)

From: govtrack.us  a civic project to track Congress

H.R.3808

One Hundred Eleventh Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the fifth day of January, two thousand and ten

An Act

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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Interstate Recognition of Notarizations Act of 2010’.

SEC. 2. RECOGNITION OF NOTARIZATIONS IN FEDERAL COURTS.

Each Federal court shall recognize any lawful notarization made by a notary public licensed or commissioned under the laws of a State other than the State where the Federal court is located if–

(1) such notarization occurs in or affects interstate commerce; and

(2)(A) a seal of office, as symbol of the notary public’s authority, is used in the notarization; or

(B) in the case of an electronic record, the seal information is securely attached to, or logically associated with, the electronic record so as to render the record tamper-resistant.

SEC. 3. RECOGNITION OF NOTARIZATIONS IN STATE COURTS.

Each court that operates under the jurisdiction of a State shall recognize any lawful notarization made by a notary public licensed or commissioned under the laws of a State other than the State where the court is located if–

(1) such notarization occurs in or affects interstate commerce; and

(2)(A) a seal of office, as symbol of the notary public’s authority, is used in the notarization; or

(B) in the case of an electronic record, the seal information is securely attached to, or logically associated with, the electronic record so as to render the record tamper-resistant.

SEC. 4. DEFINITIONS.

In this Act:

(1) ELECTRONIC RECORD- The term ‘electronic record’ has the meaning given that term in section 106 of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7006).

(2) LOGICALLY ASSOCIATED WITH- Seal information is ‘logically associated with’ an electronic record if the seal information is securely bound to the electronic record in such a manner as to make it impracticable to falsify or alter, without detection, either the record or the seal information.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.