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Avoiding the Auction Block

Posted: 11/16/11 04:37 PM ET

No other state has experienced the dizzying heights of the housing boom or the depths of the subsequent bust quite like California. Today, four metro areas in the Golden State have the highest foreclosure rates in the country, eclipsing -- for the first time -- even Las Vegas, Nevada. In last night's look at the housing crisis that continues to cripple this country, we traveled to southern California and met Lise Johnson, a mother of four who's been in the same home for 12 years and is desperate to stay put.

And then we did something that's hard to do... we followed Johnson's loan on its journey from a subprime (and now defunct) lender in California to Wall Street, where major investment banks bundled Johnson's loan, and thousands like it, into a security called the Rali Series. The Rali Series was an investment offering that included $9 billion worth of home loans, primarily from California, Arizona and Florida. Goldman Sachs, UBS and Citigroup peddled the Rali series to institutional investors, including pension fund managers, who were looking for a supposedly safe place to put their money.


According to attorney Joel Laitman of law firm Cohen, Milstein who is representing some of these investors, the investments were rated AAA and AA, meaning the likelihood of default was virtually nil. But in 2008, Lise Johnson and thousands of other homeowners faced exploding interest rates and stopped paying. That had devastating repercussions for Laitman's clients, who saw jaw-dropping losses when they opened their pension statements.

"The narrative thread that connects Lise and homeowners like her to my clients who are conservative pension fund investors representing working people like carpenters and boilermakers...is that these groups have been left holding the bag as the big losers in this mortgage-backed security scheme" Laitman told us. Meanwhile, Laitman says, the investment banks and rating agencies made a killing. "They made their money the minute the offering was done," Laitman says.

In our investigation into both ends of the housing bust, we found that today, homeowners who took out these loans, and investors, who bought them, often want the same thing... to modify the loans and avoid the auction block, where fire-sale prices mean investors recoup little. But getting a loan modification isn't easy. The government program Home Affordable Modification Program, or HAMP, pays servicers financial incentives, a few thousand dollars for every loan a servicer modifies.

But those 'financial carrots' aren't always enough. Back in Corona, California, Lise Johnson spent three years trying to get her loan modified. She says her mortgage servicer, Aurora Bank of Littleton, CO sent her down a rabbit hole of endless phone calls, lost paperwork and unanswered questions. Johnson's lawyer told us that for servicers like Aurora, foreclosure can be a lucrative profit center because they make money off of late fees and defaults.

Johnson's home was recently foreclosed. She received an eviction notice on October 13th, which she is trying to fight.

Dan Rather Reports airs Tuesdays on HDNet at 8 p.m. and 11 p.m. ET. This program is now available on iTunes. You can also follow us on Facebook and Twitter.


 
No other state has experienced the dizzying heights of the housing boom or the depths of the subsequent bust quite like California. Today, four metro areas in the Golden State have the highest foreclo...
No other state has experienced the dizzying heights of the housing boom or the depths of the subsequent bust quite like California. Today, four metro areas in the Golden State have the highest foreclo...
 
 
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HUFFPOST SUPER USER
anonymous67
12:33 AM on 11/21/2011
Why are the executives of these criminal banks not in prison??? Fraud, perjury, bid rigging, money laundering and lying to Congress (among others) are all very SERIOUS crimes. Why has not one financial executive been criminally prosecuted since the 2008 financial crisis?

End the government COVER-UP -- appoint an independent prosecutor to investigate crimes and corruption of the 2008 financial crisis.

The 2013 statue of limitations is approaching.
12:35 PM on 11/27/2011
Because money talks!!! Sometimes I think the banks have J. Edgar Hoover type "files" on the politicians preventing them from coming down hard on the banks' lying, cheating, forging and theft! The OCC Consent Orders is a Big Fricken joke! The banks are laughing all the way to the BANK!! They raise fees to cover their Frank-Dodd "expenses" and still show huge profits!! Thieves, crooks!

I'm mad as HELL and I'm not going to stop fighting for myself and others similarly situated!
wbearl
Retired Manager Mechanical Operations
08:58 PM on 11/20/2011
For all practical purpose California is where the Housing Collapse started. In the 90's I traveled to California a lot. During the 90's with all of the Military Base Closings (California suffered more closures than any other state) and the lay offs and lose of military personal, the housing industry pretty much crashed. In places like San Diego which for all practical purposes was a military town, housing values dropped 50% in just one year. Way to many people found they owed more on their houses than they were worth and simply walked away from the homes. Savings and loans began going under. In 1995 most real estate "For Sale" signs said Fore Closured Property.
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PRONESE
Somewhat Opinionated Curmudgeon
07:05 PM on 11/20/2011
No mention of the approximate loan value or monthly payments that he is responsible for.
Interesting.
R/ PRONESE
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unfoxworthy
We:ScottOlsens,the misfits,out to change the world
05:02 PM on 11/20/2011
Dan,
Formerly you were a main stream media poster child,
but now...
hey - I like the transition!
You know, all Americans must realize that this is our moment. We either step outside our comfort zone and speak up - or protract out a future wrought with sub-mediocrity for the rest of or lives and for those destined to be the "generations to come".
Too many challenges lay before us to harbour a stout but impotent ruling class.
03:54 AM on 11/20/2011
This is the banking "innovation" we are told we must not inhibit. Seduce the borrower, in at least some cases, pursuing them to take on even more debt than they had intended, pass off the iffy loan to investors, and apart from the few lenders that got stuck holding the bag, the banks have been laughing all the way to the vault.
07:00 AM on 11/20/2011
So we got Dodd Frank which was 2,000 pages and didn't address the flawed rating agency model. Why was that?
TheAntiOkie
Saying you're Christian doesn't prove anything
01:41 PM on 11/20/2011
Republican obstruction.
11:14 AM on 11/18/2011
Both the people who took out the mortgages and the purchasers of the securities failed to look closely into what they were doing. Any time you are signing for large sums of money, you should do a close analysis of the figures and how the deal is supposed to work.

You rely on others to say it is OK? You rely on representations from guys who will make money whether the deal is good or not? That's not the way that a prudent borrower or investor should proceed.
This user has chosen to opt out of the Badges program
04:14 AM on 11/20/2011
It's easy to blame the victim but the truth is it was the lenders that failed their clients. It's well documented that lenders went specifically for minorities, in many cases people who had never owned homes, and convinced them that they could buy a house. They got commission on the number of loans, specifically sub-prime loans, that they could open. It's also been documented that even if people qualified for prime loans, they were given sub-prime loans. It was more profitable. Now, these people are supposed to be professionals. If a supposed professional is telling you (someone who has never owned a home but has been told that's what the American Dream is all about) that you can afford a house and you should act now because now it's the time to buy, then you're going to trust that "professional."

Also, let's not forget those who were already 10 - 15 years into a mortgage before the housing bubble broke and were told that they could modify their loans and take advantage of lower interest rates and fell for it. In Florida in particular, it was nuts, i knew homeowners getting phone calls everyday from real estate agents "checking" if they either wanted to sell their home or refinance the house. Many people sold their homes or refinanced their loans when they didn't have to. In the early 2000's almost everyone I knew was selling or buying a house. They got caught in the madness.
04:25 AM on 11/20/2011
Agreed up to a point, but the most of the borrowers were just work-a-day ordinary people relying on what banking professionals said was OK. This wasn't a loan from some guy in an alley, but your friendly, fiscally conservative neighborhood bank. Banks are the good guys, aren't they?

After all those dodgy loans were put though a blender, it was pretty hard for the investor to track what was in them (at this point even the banks don't seem to know) but there was that triple-A seal of approval. Surely the rating agencies had done their homework?

And the risk-averaging strategy of CDOs sounded plausible -- except that the palm-off-the-risk-to-others incentive for the loan originators to mass produce otherwise unacceptable high risk loans, greatly biased these aggregations toward instability, after which systemic collapse wasn't a matter of if but when.
05:59 PM on 11/17/2011
I'd Rather Dan, the has-been just retire and go away. I am tired of seeing his pathetic news reports on nothing important. Unless you have something to report to help Americans just go away Dan Rather.
12:50 PM on 11/17/2011
maybe you can get romney to have an operation to install a soul.. then you can try to petition him wiht a few hundred other homeless people to beg him to allow you to live in one of his mansions.
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HUFFPOST SUPER USER
DebtNavigation
Attorney and Author
11:01 AM on 11/17/2011
Soon Mr. Rather will have the opportunity to report on collective actions against foreclosure undertaken by those whose homes are at risk. Occupy Wall Street is turning toward action on this front as they rightly should. Wall Street is making money off foreclosing, and drying up that flow will get a lot of them out of their towers, some without benefit of elevators or stairs.

In Mexico in the mid-'90s Wall Street engineered a currency coup that tripled the debt owed by small businesses and family farms and also allowed for them to be massively ratejacked on top of it. Mexicans consequently formed the "el Barzon" movement and pushed back Wall Street and deposed their ruling party of 60+ years. In this country YouTube phenom Ann Minch has already declared the debtors' revolt and begun going after them.

If you've been pushed under, you can read every other page of my book for free: http://www.scribd.com/doc/25443175/Debt-Hope-Down-and-Dirty-Survival-Strategies-Evaluation-Version-Complete
nothingchanges
too soon old, too late smart
10:02 AM on 11/17/2011
Avoiding the Auction Block

Campaign finance reform?

Most profitable Auction site I know of is Congress............................."What am I bid for my vote on financial oversight......Do I hear One million? Do I hear Two?"

Best Government money can buy.....................................and it shows.
HopeWFaith
We the People
08:49 AM on 11/17/2011
Dan, thank you for this in depth. Please stay on it and follow her through the rest of the way. We need people like you speaking out on this daily.
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HUFFPOST SUPER USER
Carl Caroli
Give peace a chance
07:52 AM on 11/17/2011
Profits over people. It's the American way.
08:26 AM on 11/17/2011
Profit is hard to find nowadays, profit is over.

Hardwork is needed to earn your wages.
lastpost
see biography
06:19 AM on 11/17/2011
"the investments were rated AAA and AA, meaning the likelihood of default was virtually nil."
Doesn’t claiming an ability to correctly classify the security of an investment, subsequently proven false, constitute cases of misrepresentation and misselling?

"unanswered questions"
Its as if some humongous red-tape worm has burrowed into the very bowels of co-operative human existence. Draining the life out of that victim. While the medicine necessary to expel it is being deliberately withheld.
11:11 AM on 11/17/2011
A lot of these investors bought insurance policies on these loans, called dirivatives, only to find the insurance company didn't have any money either.
10:33 AM on 11/18/2011
They also purchased "Credit Default Swaps" which pay when homeowner defaults. This is one of the reasons homeowners are encouraged to default.
03:18 AM on 11/17/2011
“we followed Johnson's loan on its journey from a subprime (and now defunct) lender in California to Wall Street, where major investment banks bundled Johnson's loan, and thousands like it, into a security called the Rali Series.....the investments were rated AAA and AA, meaning the likelihood of default was virtually nil.â€

The reasons why a security composed of subprime mortgages can be AAA or AA while none of the individual mortgages used to create that security is rated that highly are not intuitively obvious. In fact, for many people, it seems impossible that mortgages that are each risky themselves can collectively form a low risk investment even in theory. That background information needs to be part of this article.
06:53 AM on 11/20/2011
Read 'Too big to fail' by Sorkin. What Goldman did was realize the rating agencies were using the average credit score to predict default. So they bundled in low credit scores with high credit scores to get an average credit score which had a low rate of default. It is the danger of using averages. My head is in the fridge, my feet are in the fire, on average I am comfortable.

The rating agency model is flawed where Goldman was hiring the agency to rate their product. If they didn't like what they got hired a different rating agency. It's a highly flawed model which was not addresses in Dodd-Frank despite Al Franken's pleas.
02:36 PM on 11/20/2011
Securitization is not quite that simple. Tranching dealt with different default risks within CDOs, which were rated on the slice averages rather than the overall average of the CDO’s contents. To use your example, the head, body and feet were, in fact, rated separately - but still not accurately. Some of Goldman’s clients realized long before Goldman did that mortgage default risk was being underpriced - Paulson and Burry for example. Recognizing mispriced opportunities is what investing is all about. If you believe that the market is underpricing Google shares (or anything else) then you buy. If you believe that the market is overpricing anything; then you sell (if you already own) or short (if you do not own).
02:40 PM on 11/20/2011
Thanks for this fact. It was a weak cover for the rating agencies so they did not look out and out bought. F'd.
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BigBearcatBill
This is the real Bearcat - a Binturong
12:27 AM on 11/17/2011
I think our mortgagers are going to start showing up with Chinese and Saudi owners ready to repossess homes. Saw on news show the other day that there are already special hospitals here just to have foreigners (think China was main client) fly their pregnant wives in to have their baby here in USA and get citizenship, then fly back home - they are birthing the owners of the foreclosed houses here so when they get a few years old they can all move over here with their new American kid into our houses.