San Fernando Valley Short Sales

http://www.pbs.org/moyers/journal/10092009/transcript1.html

MARCY KAPTUR: Let me give you a reality from ground zero in Toledo, Ohio. Our foreclosures have gone up 94 percent. A few months ago, I met with our realtors. And I said, ‘What should I know?’ They said, ‘Well, first of all, you should know the worst companies that are doing this to us.’

MARCY KAPTUR: I said, ‘Well, give me the top one.’ They said, ‘J.P. Morgan Chase.’ I went back to Washington that night. And one of my colleagues said, ‘You want to come to dinner?’ I said, ‘Well, what is it?’ He said, ‘Well, it’s a meeting with Jamie Dimon, the head of J.P. Morgan Chase.’ I said, ‘Wow, yes. I really do.’ So, I go to this meeting in a fancy hotel, fancy dinner, and everyone is complimenting him. I mean, it was just like a love fest.

MARCY KAPTUR: They finally got to me, and my point to ask a question. I said, ‘Well, I don’t want to speak out of turn here, Mr. Dimon.’ I said, ‘But your company is the largest forecloser in my district. And our Realtors just said to me this morning that your people don’t return phone calls.’ I said, ‘We can’t do work outs.’ And he looked at me, he said, ‘Do you know that I talk to your Governor all the time?‘ He said, ‘Our company employs 10,000 people in Ohio.‘

MARCY KAPTUR: And I’m thinking, ‘What is that? A threat?’ And he said, ‘I speak to the Mayor of Columbus.‘ I said, ‘Why don’t you come further north?’ I said, ‘Toledo, Cleveland, where the foreclosures are just skyrocketing.’ He said, ‘Well, we’ll have someone call you.‘ And he gave me a card. And they never did. For two weeks, we tried to reach them. And finally, I was on a national news show. And I told this story. They called within ten minutes. And they said, ‘Oh, we’ll work with you. We’ll try to do some workouts in your area.’

We planned the first one after working with them for weeks and weeks and weeks. Their people never showed up. And it was a Friday. Our people had taken off work. They’d driven from all these locations to come. We kept calling J.P. Morgan Chase saying, ‘Where’s your person? Where’s your person?’ And they finally sent somebody down from Detroit by 3:00 in the afternoon. But out people had been waiting all morning and a lot of people that’s how they treat our people.

BILL MOYERS: You did a remarkable thing on the floor of the House recently. And I want to show my audience a clip of a speech in which you urge people to break the law.

(here’s the clip, Kaptur’s speech begins about 1:18)

MARCY KAPTUR: So why should any American citizen be kicked out of their homes in this cold weather? In Ohio it is going to be 10 or 20 below zero. Don’t leave your home. Because you know what? When those companies say they have your mortgage, unless you have a lawyer that can put his or her finger on that mortgage, you don’t have that mortgage, and you are going to find they can’t find the paper up there on Wall Street. So I say to the American people, you be squatters in your own homes. Don’t you leave. In Ohio and Michigan and Indiana and Illinois and all these other places our people are being treated like chattel, and this Congress is stymied.

BILL MOYERS: Wow. You are urging them to resist the law when the Sheriff shows up to throw them out of their home.

MARCY KAPTUR: I’m saying that they deserve justice, too. And that the scales of justice in front of the Supreme Court are supposed to be balanced, and they’re not. And that possession is 90 percent of the law. And that you have legal rights, as a home owner. You have a right to legal representation. You have a right before the judge to have the mortgage note produced by whomever in the system has it. Judge Boyko of Cleveland threw out six cases, because when the foreclosures came up, the financial institutions couldn’t produce the note. Our people deserve their day in court.

BILL MOYERS: What’s your explanation as an economist. And a student of this financial system as to why the banks are taking so long to help the homeowners when Congress has allocated funds for that purpose?

SIMON JOHNSON: I’m afraid that it’s pretty obvious and it’s very tragic. That they have no interest in helping the homeowners. They make money with what they’re doing. Bill, they’ll expected a lot of these mortgages they made to default, okay? It was in their models. A high default rate. Now, they didn’t expect house prices to come down so much. That’s where they got their losses. But they absolutely made these loans expecting they would have to foreclose on people. And figuring they would make money on that.

SIMON JOHNSON: These are very smart, very profit-oriented people. I can assure you, if there was money in it for them. They would be negotiating you know, very various kinds of re-schedulings of these loans. They don’t want to do it. They it’s not in their interest. It’s not where the money is. Follow the money. The money is where Jamie Dimon says it is. Jamie Dimon says, ‘You ain’t seen nothing yet,’ in terms of his lobby in Washington. He’s on the record as saying, he’s this is his big initiative right now.

BILL MOYERS: To?

SIMON JOHNSON: To spend more time in Washington, more time cultivating all those relationships on Capital Hill and in the executive branch. And you know what else Jamie Dimon said to his shareholders? To his shareholders meeting this year, he said, with regard to 2008, the year of what we regard as the greatest financial crisis, an absolute human tragedy. He said, Jamie Dimon said to his shareholders, ‘This was perhaps our best year ever.’

MARCY KAPTUR: Think about what these banks have done. They have taken very imprudent behavior, irresponsible. They have really gambled, all right? And in many cases, been involved in fraudulent activity. And then when they lost, they shifted their losses to the taxpayer. So, if you look at an instrumentality like the F.H.A., the Federal Housing Administration. They used to insure one of every 50 mortgages in the country. Now it’s one out of four.

MARCY KAPTUR: Because what they’re doing is they’re taking their mistakes and they’re dumping them on the taxpayer. So, you and I, and the long term debt of our country and our children and grandchildren. It’s all at risk because of their behavior. We aren’t reigning them in. The laws of Congress passed last year in terms of housing, were hollow. Were hollow.

MARCY KAPTUR: Foreclosures in my area have gone up 94 percent. And we know the basic rules of economics. Housing leads us to recovery. Housing was the precipitating factor in this economic downturn. Unless you dealing with the housing sector, you aren’t going to have growth in this economy

BILL MOYERS: You’re both saying the financial world, the banks in particular, are putting their interests above anybody else’s interest. And they’ve got the power in the executive branch, and the Congress to back up their demands, right?

SIMON JOHNSON: This is capitalism, Bill. That’s what they’re supposed to do. They represent their shareholders, they’re appointed by the board of directors to make money for their shareholders. And the way they think that they can best make money is to shape the regulatory rules around housing around derivatives, around all everything we used to have that kept the financial sector under control. Has all been, you know, washed away, one way or another, by their efforts, right? They make money in the boom, that way. And when and when bad things happen, they shove all the downside onto the taxpayer. That’s what they’re doing their job.

MARCY KAPTUR: It’s socialism for the big banks. Because they’ve basically taken their mistakes and they’ve put it on the taxpayer. That’s the government. That’s socialism. That isn’t capitalism.

JPMorgan Blamed in $200M Ponzi Scam
By MARIA DINZEO, 11-9-09
SAN FRANCISCO (CN) – A class action claims JPMorgan Chase conspired and aided and abetted a Ponzi scam by letting its operators move and launder nearly $200 million through a Washington Mutual bank in Napa. Morgan Chase bought WaMu after it imploded from bad bets on real estate.
Lead attorney Niall McCarthy said in an interview that Washington Mutual knew about the investment scam. McCarthy said Caribbean-based Millennium Bank offered his three clients bogus “high-yield” certificates of deposit. His client Neerja Gursahaney bought a bum CD allegedly valued at $4 million, McCarthy said.
“Their basic liability is that the management team in Napa branch set up system that allowed the scheme to take place,” McCarthy said. He added that he was not sure if anyone outside the Napa branch knew about the scheme.
McCarthy said the Napa branch received millions of dollars in deposits through a remote banking system it had set up, allowing Millennium Bank to transfer ten of millions to offshore bank accounts.
McCarthy said there is no way Washington Mutual could not have known that Millennium Bank was scamming its customers.
“They had to audit the business and do some inquiries to make sure it was legitimate, and obviously the most minimal inquiry would determine the investments were nonexistent,” McCarthy said.
According to the federal complaint, the SEC uncovered Millennium’s Ponzi scheme in March and froze its assets, preventing the victims from suing Millennium as well.
“For many plaintiffs the loss was devastating, as it was the majority of their life savings,” McCarthy said. “They feel that anyone who facilitated the scheme should be held responsible and they are very eager to proceed with the case.”
“Right now there is a court order in place that keeps us from suing (Millennium), because basically they’re bankrupt,” McCarthy said. “If that order is lifted we can add them as defendants.”
The class demands damages and restitution for fraud and conversion. McCarthy works with Cotchett, Pitre and McCarthy of Burlingame.