MaxedOutMama
Tuesday, September 21, 2010
That's Just Amazing
I can't believe Ally would release a statement that seems so - flippant.
Good Lord. Even assuming that the information was correct when it was submitted to the legal firm handling the foreclosure (aka an harassed, underpaid and overworked paralegal), certainly charges or payments could have been received on the account during the period it took the law firm to prepare the filing. If you don't check, how do you know? What if the law firm (aka, an harassed, underpaid and overworked paralegal) made a mistake?
Would you sign affidavits of facts of which you had no knowledge? If the affidavit is incorrect, that's "technically" a crime called perjury.
Imagine what the judges are thinking....
My jaw is hanging open. There will always be some errors even if a strict procedure is followed (suppose a payment were processed incorrectly), but failure even to follow the most basic procedures guarantees problems.
So this cannot be true:
The “defect” in affidavits used to support evictions was “technical” and was discovered by the company, Gina Proia, an Ally spokeswoman, said in an e-mailed statement. Employees submitted affidavits containing information they didn’t personally know was true and sometimes signed without a notary present, according to the statement. Most cases will be resolved in the next few weeks and those that can’t be fixed will “require court intervention,” Proia said.No disrespect!
“The entire situation is unfortunate and regrettable and GMAC Mortgage is diligently working to resolve the situation,” Proia said. “There was never any intent on the part of GMAC Mortgage to bypass court rules or procedures. Nor do these failures reflect any disrespect for our courts or the judicial processes.”
Good Lord. Even assuming that the information was correct when it was submitted to the legal firm handling the foreclosure (aka an harassed, underpaid and overworked paralegal), certainly charges or payments could have been received on the account during the period it took the law firm to prepare the filing. If you don't check, how do you know? What if the law firm (aka, an harassed, underpaid and overworked paralegal) made a mistake?
Would you sign affidavits of facts of which you had no knowledge? If the affidavit is incorrect, that's "technically" a crime called perjury.
Imagine what the judges are thinking....
My jaw is hanging open. There will always be some errors even if a strict procedure is followed (suppose a payment were processed incorrectly), but failure even to follow the most basic procedures guarantees problems.
So this cannot be true:
Aside from signing the affidavits without knowledge or a notary, “the sum and substance of the affidavits and all content were factually accurate,” Proia wrote in the e-mail. “Our internal review has revealed no evidence of any factual misstatements or inaccuracies concerning the details typically contained in these affidavits such as the loan balance, its delinquency, and the accuracy of the note and mortgage on the underlying transaction.”
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From the link within the link I just offered:
"Q. Well, just I’ll ask you in regards to the entire affidavit. This was an introductory paragraph I believe referring to the entire affidavit. It stated you deposed on personal knowledge. As to everything in the affidavit, did you have personal knowledge?
A. My own personal knowledge, no."
If there is one thing most judges love beyond all else, it would no doubt be a document full of hearsay. Love it! Can't get enough! ;)
"Q. Well, just I’ll ask you in regards to the entire affidavit. This was an introductory paragraph I believe referring to the entire affidavit. It stated you deposed on personal knowledge. As to everything in the affidavit, did you have personal knowledge?
A. My own personal knowledge, no."
If there is one thing most judges love beyond all else, it would no doubt be a document full of hearsay. Love it! Can't get enough! ;)
Imagine what the judges are thinking....
That's easy.
The judges that support the administration are thinking "no harm, no foul."
The others are thinking "I hope I get one of these. They'll go through the wringer until the president pardons them later."
That's easy.
The judges that support the administration are thinking "no harm, no foul."
The others are thinking "I hope I get one of these. They'll go through the wringer until the president pardons them later."
# posted by 
: 12:03 PM
: 12:03 PM
Well, evidently it was an affidavit based on SOMEBODY ELSE'S "personal knowledge" that the affiant couldn't be expected to have any PERSONAL personal knowledge of ...
:)
word verif: rusednes
seemingly: the quality of a ruse, past tense
:)
word verif: rusednes
seemingly: the quality of a ruse, past tense
For some time, I've had a sneaky suspicion that the whole reason for the housing bubble was for the banks to suck up a huge chunk of real estate. There were folks that basically owned their houses that refinanced and have now lost it.
We're still trying to sort out if it's wise to put our house on the market. I suspect we'd be wise to wait a few years and maybe rent out in the meantime.
We're still trying to sort out if it's wise to put our house on the market. I suspect we'd be wise to wait a few years and maybe rent out in the meantime.
teri,it actually might be a good time to sell if you can assure buyers that there are no problems with title. From what I have been reading the cavalier attitude toward "Technicalities) has been pervasive for years at all stages or origination,transfer,securitization and now foreclosure. Quite a few loans that were "in" pools and securitized may never actually have been properly transferred in. ALTA policies have been changed to reduce the risk to title companies which indicates how widespread the industry suspects the problems are. Do we need MORE lawyers?
# posted by : 7:04 AM
: 7:04 AM
And Hey, just call Rahm,he'll fix things. After all he wants to be Mayor of Chicago,right? And really,this was a minor technical glitch caused by an overzealous low level employee, not a breakdown of respect for the rile of law...
# posted by : 7:11 AM
: 7:11 AM
Hello MoM,
This seemed up your alley:
quote from the OG (original google) data-miner, Walmart:
"I don't need to tell you that our customer remains challenged…You need not go farther than one of our stores on midnight at the end of the month. And it's real interesting to watch, about 11 p.m. customers start to come in and shop, fill their grocery basket with basic items – baby formula, milk, bread, eggs – and continue to shop and mill about the store until midnight when government electronic benefits cards get activated, and then the checkout starts and occurs. And our sales for those first few hours on the first of the month are substantially and significantly higher."
hat tip ZH
This seemed up your alley:
quote from the OG (original google) data-miner, Walmart:
"I don't need to tell you that our customer remains challenged…You need not go farther than one of our stores on midnight at the end of the month. And it's real interesting to watch, about 11 p.m. customers start to come in and shop, fill their grocery basket with basic items – baby formula, milk, bread, eggs – and continue to shop and mill about the store until midnight when government electronic benefits cards get activated, and then the checkout starts and occurs. And our sales for those first few hours on the first of the month are substantially and significantly higher."
hat tip ZH
# posted by : 12:56 PM
: 12:56 PM
The mortgage mess has parallels though out the whole
economy. Every industry I can think of traded accuracy
for speed. Add in the multiplier of leverage and you have a disaster in the making. The good news is the only the bottom 80% will suffer.
Sporkfed
economy. Every industry I can think of traded accuracy
for speed. Add in the multiplier of leverage and you have a disaster in the making. The good news is the only the bottom 80% will suffer.
Sporkfed
# posted by : 3:06 PM
: 3:06 PM
A_Nonny_Mouse,
Well, evidently it was an affidavit based on SOMEBODY ELSE'S "personal knowledge" that the affiant couldn't be expected to have any PERSONAL personal knowledge of ...
Perhaps they could try the Rumsfeld Defense!
There are known personal knowns. These are things we know that we personally know. There are known personal unknowns. That is to say, there are things that we personally know we don't personally know. But here are also unknown personal unknowns. There are things we don't know we don't personally know.
Hahaha!!
"There are known knowns. These are things we know that we know. There are known unknowns. That is to say, there are things that we know we don't know. But there are also unknown unknowns. There are things we don't know we don't know." - Donald Rumsfeld
Well, evidently it was an affidavit based on SOMEBODY ELSE'S "personal knowledge" that the affiant couldn't be expected to have any PERSONAL personal knowledge of ...
Perhaps they could try the Rumsfeld Defense!
There are known personal knowns. These are things we know that we personally know. There are known personal unknowns. That is to say, there are things that we personally know we don't personally know. But here are also unknown personal unknowns. There are things we don't know we don't personally know.
Hahaha!!
"There are known knowns. These are things we know that we know. There are known unknowns. That is to say, there are things that we know we don't know. But there are also unknown unknowns. There are things we don't know we don't know." - Donald Rumsfeld
I never had a problem with Rumsfeld on that discussion.
What I noted, and the point that all the chattering asses failed to mention, was he didn't mention also have unknown knowns, which is to say things we think we know, but are wrong about.
So apropos of the twenty-oughts, no? I wonder if that's how we'll remember it, the decade of false assumptions. Hubris for short.
What I noted, and the point that all the chattering asses failed to mention, was he didn't mention also have unknown knowns, which is to say things we think we know, but are wrong about.
So apropos of the twenty-oughts, no? I wonder if that's how we'll remember it, the decade of false assumptions. Hubris for short.
# posted by : 12:02 PM
: 12:02 PM
AllanF,
"What I noted, and the point that all the chattering asses failed to mention, was he didn't mention also have unknown knowns, which is to say things we think we know, but are wrong about."
Indeed.
I didn't really have a problem with the quote either by the way. It is actually something I could have said. I just found it amusing.
I was at my tax preparer's office a few years ago and was bringing up all these problems we are having as a country. They suggested that maybe I should be running the country.
I said that they really would not want that. I'm apparently the same personality type as Donald Rumsfeld. The look on their faces was priceless.
INTJ
"What I noted, and the point that all the chattering asses failed to mention, was he didn't mention also have unknown knowns, which is to say things we think we know, but are wrong about."
Indeed.
I didn't really have a problem with the quote either by the way. It is actually something I could have said. I just found it amusing.
I was at my tax preparer's office a few years ago and was bringing up all these problems we are having as a country. They suggested that maybe I should be running the country.
I said that they really would not want that. I'm apparently the same personality type as Donald Rumsfeld. The look on their faces was priceless.
INTJ
Thanks, Tom. The house is actually paid off. My boyfriend's late wife bought it for around $30k back in the 70s. They didn't take out any loans and managed to pay off the mortgage during good times. So that part should be easy. The reports we get from our agent are showing around 144 days on the market. There are some sales but not a lot. Most of the sales I see are on new houses. I guess the title mess would explain that.
Thanks, Tom. The house is actually paid off. My boyfriend's late wife bought it for around $30k back in the 70s. They didn't take out any loans and managed to pay off the mortgage during good times. So that part should be easy. The reports we get from our agent are showing around 144 days on the market. There are some sales but not a lot. Most of the sales I see are on new houses. I guess the title mess would explain that.
teri,days on market is a deceptive statistic. I live in Sonoma County Ca and if a home is well presented (good curb appeal,fresh paint,sparkling clean) and priced correctly it sells fast,often in days. The huge number of houses that are not correctly priced and sparkling clean sit on the market,seemingly forever.The entrance is the most important,make it inviting.The worst errors are clutter and too high a price. If you do it right you might even spur a small bidding war!
# posted by : 8:30 AM
: 8:30 AM
My experience selling is a year old, but I'd agree with Tom Stone. We had our place freshly painted and staged, and even though it was a starter home, we had a couple of offers in a week. We had clean title (our loan was with a community bank that doesn't sell mortgages, and our current loan is with the same bank). I've seen places in our same neighborhood sit on the market for months, but they are usually short sales or need a lot of work. There aren't a lot of buyers out there, but they are looking for something they can move in to right away.
# posted by : 9:57 PM
: 9:57 PM
I recommend every one interested in this issue take a triip to Naked Capitalism and read Yve's posts from late last night about FUBAR paperwork. And as to buyers,they are there. They want a home in decent shape to live in at a reasonable price for the area. Clean it up then price it right and it will sell quickly.
# posted by : 8:51 AM
: 8:51 AM
The news on the real estate front is good to hear! We did some work to the front of the house this spring. Still need to finish painting and clear out 30 years worth of stuff in the garage. Then we tackle the stuff that needs work inside. They had a fire at the house in 2006. It was rebuilt structurally and they put in some nice stuff like hardwood floors. It's nice for a basic tract house. So I think there's hope but I do wish we could get it on the market now. Thanks again.
I can't believe Ally would release a statement that seems so - flippant.
You're surprised? Really? In a climate where big corporations will not be prosecuted for anything by either party?
Nothing surprises me anymore.
Perjury seems to be the word of the day. It is amazing.
Perjury hasn't been properly prosecuted for decades.
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You're surprised? Really? In a climate where big corporations will not be prosecuted for anything by either party?
Nothing surprises me anymore.
Perjury seems to be the word of the day. It is amazing.
Perjury hasn't been properly prosecuted for decades.
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