Here's a quick, down and dirty synopsis of what is going on in the US mortgage industry from everything I've read. It's an early read of the situation, but I think it explains why many, if not most, mortgages in the US are now worthless scraps of paper.
Traditional mortgages are simply contract between you and your local bank:
- You agree to pay a certain amount every month (principal + interest) until the loan is paid off.
- Your home (the title) is collateral on that loan.
- If you don't pay the amount specified, your home is forfeit.
However, global banks wanted to take these dull mortgages and turn them into something institutional investors could purchase. So, they developed a complex process to do this.
First, they sold the loans to the institutional investors (as securities that they are allowed to purchase according to their charters) by removing the collateral, your home, from the loan.
Second, they were supposed to send the collateral to a special reserve in case they needed it. To put it into this reserve (the trust) a complex process was developed that complied with the myriad rules controlling real estate (state, interstate commerce, etc.). This process was supposed to be done in a specified time and a specified way in order to be legal.
However, the process of dealing with the collateral was so complicated/expensive the global banks didn't do it. The collateral was NEVER attached. So, the loans that were sold to investors became ONLY this:
- You agree to pay a certain amount every month (principal + interest) until the loan is paid off.
Note that there's nothing more to this loan. No collateral. No penalty for non-payment. It's worthless.
Thing is, this isn't a paperwork error. It's gross negligence, on the bank's part, that materially altered the relationship between you and the new owner of the loan. Once the collateral was removed from the loan, it can't be reattached. Your title can't be attach to any loan without your consent. To do otherwise is theft, and that's exactly what every lawyer from here to timbuktu will be arguing.
Of course, that's not going stop the banks from trying to "fix" this. They've already tried fraudulently manufacturing paperwork to claim the title was properly sent to the reserve. They got found out and foreclosures were stopped across the country. Expect similar behavior in Congress and in the press.
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