Denninger Weighs in on the FSA / Josh Rosner Issue

12 Oct

Karl Denninger has been a great source of information and background material on this mortgage mess for a long time around here – and true to form he did not miss the Josh Rosner action today – and here is his version of the story – thanks Karl, you always are right there when the main stream claims ignorance – with a long list of the facts you’ve been putting in front of us all for a L O N G time.

READ THIS NOW: CNBC’s Diana Olick Finally GETS IT

Ah, now we’re getting some press on the true issues:

There has been plenty of pontificating over the ramifications of foreclosure freezes on troubled borrowers, foreclosure buyers and the larger housing market, not to mention lawsuits, investor losses and bank write downs. There has been precious little talk of what the real legal issues are behind the robosigning scandal.

No there hasn’t.  I’ve been pounding the table on the bottom line on this for three and a half years, and on MERS specifically for more than a year.

The record is what it is, and every single Ticker I’ve ever published is still here, and is searchable.

Josh Rosner, of Graham-Fisher, put the following out in a note today, claiming violations of pooling and servicing agreements on mortgages could dwarf the Lehman weekend:

Nearly all Pooling and Servicing Agreements require that “On the Closing Date, the Purchaser will assign to the Trustee pursuant to the Pooling and Servicing Agreement all of its right, title and interest in and to the Mortgage Loans and its rights under this Agreement (to the extent set forth in Section 15), and the Trustee shall succeed to such right, title and interest in and to the Mortgage Loans and the Purchaser’s rights under this Agreement (to the extent set forth in Section 15)”. Also, an Assignment of Mortgage must accompany each note and this almost never happens.

We believe nearly every single loan transferred was transferred to the Trust in “blank” name. That is to say the actual loans were apparently not, as of either the cut-off or closing dates, assigned to the Trust as required by the PSA.

Rather than continue to fight for the “put-back” of individual loans the investors may be able to sue for and argue that the “true sale” was never achieved.

Ding ding ding ding ding ding ding ding.

Go ahead people, keep buying stocks.  Especially bank stocks.

This, and the intentional coverup that inevitably fails, is the stuff of which CRASHES are made when the truth is FINALLY forced into the open.


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