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Mary Bottari

Mary Bottari

Posted: January 3, 2011 03:28 PM

With a $4.7 trillion bailout under their belts and no harm done to their billion-dollar bonuses, don't expect Wall Street bankers to be chastened by the 2008 financial crisis. Below we list eight things to watch out for in 2011 that threaten to rock the financial system and undermine any recovery.

1) The Demise of Bank of America WikiLeaks founder Julian Assange is promising to unleash a cache of secret documents from the troubled Bank of America (BofA). BofA is already under the gun, defending itself from multiple lawsuits demanding that the bank buy back billions worth of toxic mortgages it peddled to investors. The firm is also at the heart of the robo-signing scandal, having wrongfully kicked many American families to the curb. If Assange has emails showing that Countrywide or BofA knew they were recklessly abandoning underwriting standards and/or peddling toxic dreck to investors, the damage to the firm could be irreparable.

2) Robo-signers Wreaking Havoc With lawsuits abounding, new types of fraud in the foreclosure process are being uncovered daily, including accounting fraud, fake attorneys, destroyed promissory notes and false notarization. The crisis not only calls into question the legality of untold foreclosures, it also calls into question the value of trillions of dollars worth of mortgage-backed securities held by banks, pension funds, federal, state and local governments. The only government report on the topic by the feisty Congressional Oversight Panel for the TARP acknowledges that "it is possible that 'robo-signing' may have concealed deeper problems in the mortgage market that could potentially threaten financial stability."

3) MERS Madness
In addition to outright fraud, numerous state Supreme Courts have questioned the legal standing of the Mortgage Electronic Registration or "MERS" system. MERS is listed as the mortgagee for 60% of U.S. mortgages. It is an electronic clearinghouse created by industry to bypass the property registration system developed in precolonial days to ensure that the King could not easily rob the subjects of their land. Wall Street turned to MERS to speed securitizations (and now foreclosures), but its legal standing is now in doubt and its shoddy processing of documents has major ramifications for the securitization process as well. Look for a rotten "MERS fix" in the new Congress. Let's hope it gives consumer advocates some leverage to demand justice for Americans being robbed by the new Kings on Wall Street.

4) Flash Crash Calamity The "flash crash" of May 2010 rattled the markets and caused a stunning 700 point drop in the Dow within minutes. Regulators think they know what occurred, but they are moving too slowly to put the brakes on hair-trigger trading. Seventy percent of Wall Street trades take place in milliseconds, so it is no surprise that mini-flash crashes are becoming a constant. With traders now gearing up to trade on raw news feeds and Twitter, we can anticipate even more volatility. A small financial transaction tax targeting high-volume, high-speed trades is long overdue. It would throw sand in the roulette wheel and raise much needed revenue for the federal government.

5) Bigger Behemoth Banks The Federal Reserve is planning to "stress test" the big banks again. The same 19 banks that underwent the first stress tests in 2009 will be tested again, but this time the Fed says it won't release the results. Why not? Banks with toxic mortgages and mortgage-backed securities on their books and concomitant legal exposure to "put back" law suits are being kept afloat by accounting tricks, TARP and Fed loans. Honest stress tests of still weak financial institutions may well result in sales and buyouts that will further consolidate the already concentrated banking industry and create larger and more unwieldy "too big to fail" behemoths -- backed by the guarantee of the American taxpayer.

6) Foreclosure Tsunami Housing foreclosures may top nine million in 2011 and [[Goldman Sachs]] predicts the number will reach 12 million in the next few years. The result will be another significant drop in home prices in 2011 and even more families underwater. Civilized nations see the forcible migration of a city the size of New York as an economic and humanitarian catastrophe, but not the United States. The Obama administration and Congress have callously refused to take meaningful action to aid families facing foreclosure even in the face of widespread predatory lending and rampant foreclosure fraud. The only hope now for millions of American families is aggressive action by the 50 state Attorneys General who are actively investigating foreclosure fraud. Whether they have the guts to wrestle a settlement out of the big banks that slows the foreclosure machine and offers families meaningful options has yet to be seen.

7) Bankrupt Cities and States Meredith Whitney, a research analyst who correctly predicted the credit crunch, is now warning that over 100 American cities could go bust next year. She anticipates billions worth of municipal bond defaults and warns: "next to housing this is the single most important issue in the U.S. and certainly the biggest threat to the U.S. economy." States are also in dire straits. The economic shock of mass unemployment on top of years of population decline, deindustrialization and the like have left cities unable to meet their obligations to taxpayers and retirees. With the austerity nuts in charge of the House, it may take a bankruptcy of a major player to prod an appropriate federal response to this looming disaster.

8) Gas Prices above $4.00 The price of energy and other commodities shifted into high gear in late August when the Federal Reserve Chairman decided to stimulate the economy with quantitative easing. Speculators quickly began bidding up the value of asset classes like crude oil, metals and food commodities. In December, the Commodities Futures Trading Commission failed to apply position limits to these commodities, delaying rules that would crack down on speculators and aid consumers who are already seeing big price hikes at the pump. Without swift action, skyrocketing gas prices will further tank an already stalled economy.

As we hope for the best in 2011, let's prepare for the worst. The big banks are sure to deliver.

*****
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07:11 PM on 02/08/2011
Nothing will happen to the Bank of America as a result of selling worthless mortgage backed securities that were based on frauduent representations that overestimated their value and greatly underestimated their risk . The govt will simply bail out BofA again so they can continue to steal our money .Why should BofA change its' illegal activities if it gets rewarded (with taxpayer money) for them ?
03:35 PM on 01/06/2011
Home buyers are starting to ask if the banks should disclose home owners that havent made a loan payment in 1-2 years and probably dont really care if they do, in a given neighborhood they are thinking of buying into.. so many have caught a falling knife the last 2-3 years buying homes "at the bottom" that are negative valuation already with the media saying the worst was over.. but now everybody knows?? thoughts? and the appraisal implications
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04:51 AM on 01/05/2011
banks and wall street run the government no matter who you sent to d.c. rules and laws all in their favor. sure they''ll throw a bone to the peons for show but outside of that money is short from the tax payers and they want every penny. protect yourselves,go''under the radar'',cash only,buy out side the tax traps when ever possible,don't bank your savings until the problems with the banks is over.its time for a "underground economy''
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12:08 PM on 01/05/2011
Democrats AND Republicans are just two wings of what Thomas Ferguson calls the Property Party in his "Golden Rule:..." book, first published in 1995:

http://www.amazon.com/Golden-Rule-Investment-Competition-Money-Driven/dp/0226243176
Golden Rule: The Investment Theory of Party Competition and the
Logic of Money-Driven Political Systems (American Politics and Political Economy Series

"To discover who rules, follow the gold." This is the argument of Golden Rule, a provocative, pungent history of modern American politics. Although the role big money plays in defining political outcomes has long been obvious to ordinary Americans, most pundits and scholars have virtually dismissed this assumption. Even in light of skyrocketing campaign costs, the belief that major financial interests primarily determine who parties nominate and where they stand on the issues—that, in effect, Democrats and Republicans are merely the left and right wings of the "Property Party"—has been ignored by most political scientists. Offering evidence ranging from the nineteenth century to the 1994 mid-term elections, Golden Rule shows that voters are "right on the money."

Ballot access laws preserve the two-party duopoly:

http://www.freeandequal.org/videos/free-equal-ballot-access-movie/
Free & Equal Ballot Access Movie

http://rangevoting.org/Strangle.html
RangeVoting.org - Stranglehold of 2-party domination

There was more turnover in the Soviet Politburo than in the U.S. Congress
07:44 AM on 01/06/2011
That's an interesting post and view. Today many US multinational corporations have moved most of their IP and all of their manufacturing out of the US. They now make or anticipate making most of their profits outside the US. They are moving more and more of their IP-generating facilities out of the US. Their new host governments, such as China, can pull the plug with a few phone calls. So their donating to the new anonymous donor political funds like Rove's American Crossroads or Donohue's US Chamber of Commerce funds is especially ominous. While they are legal US corporations, they are essentially foreign money.

Our Pay-To-Play system is now a back door to strongly influence the USA government from outside. That system is unfortunately a Constitutional birth defect, perhaps a relic of the stretch it was to include the slave states in the new nation. Roughly that same division may yet split the USA. Pay-To-Play is now so blatant, paralyzing, and debilitating that US democracy has become a joke in the world as is American Exceptionalism. Nearly beaten by China after 2001 and broke the USA is much too "large" in the world and becoming dangerously exposed.

Yet the Republicans have taken no responsibility, acknowledged no lessons learned, but just want to pick up where they left off in 2008.
Genders
Love, Tolerance, Enlightenment
10:06 PM on 01/04/2011
The very banksters who crashed the economy with fraudulent Derivatives trading have gotten trillions in .004% free money from the FED. That's what has sucked the life out of the credit markets. The Banksters would rather gamble. Had we lent the money to the states and the citizens, the economy would have recovered long ago. Trickle down still doesn't work, what a surprise.
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Richard Clay
People first, money last
09:53 PM on 01/04/2011
Happy 2011 to all and welcome to America! As we head down the road to total destruction we must remember that this is what GREED ultimately does. Unfortunately the middle class will suffer the most but when the market crashes for good and big banks fail even the rich will be vulnerable to this disaster. Is anarchy in the not too distant future and will revolution by the people for the people mark the end of America? Stay tuned...
01:20 PM on 01/05/2011
Yes, the middle class will suffer and lose a tremendous amount of their wealth, but I think the lower class will suffer the most. Think about all the budget cutting that's coming up with this new Congress and what this will mean to people who are barely (or not) making do now. Think about how the focus has been (expertly) redirected away from recession recovery to cutting the deficit. Where were these deficit cutters when W was in office? Why weren't they screaming that we were fighting 2 wars "off the budget?" We need to address the recession before attacking the deficit. The whole thing smacks of a well-orchestrated PR campaign.
11:05 PM on 02/19/2011
See you at the party. Lower Manhatten for some good old school pillaging.

Seriously, this is depressing. I hope your outlook and mine is wrong. I am stupid enough to have believed I voted for a President who would manage this and make the middle class his priority.
03:34 PM on 01/04/2011
$4.00 a gallon gas will kill any recovery all by its self. By allowing cheap money to get in the hands of investors, the investors will automatically create a bubble trying to make profits through speculation and short-term bond interest. GM went public to quickly.

People mistakenly believe GM and Chrysler went broke because of a flawed business model. The problem these companies faced was decreased wages by it consumers and speculators bidding up the price of oil to $140/barrel and steel to $1200/ton from $250/ton. It was not widely reported how the foreign companied pumped billions of dollars into their domestic car companies and the American people did not see the whole truth.

Right now the oil market is in contango. We are putting millions of barrels of oil, gasoline and distillates in inventory and Cushing, OK storage is at maximum capacity. The problem we face is that speculators can go to Dubai and do the same thing, which means we have no control over them.
03:17 PM on 01/04/2011
One of the most precarious markets missed your catastrophe list is commercial real estate. Its price bubble is based annual rental income, less overhead plus tax savings and projected price appreciation with some return on investment expectations. With unknown earnings and negative projected price appreciation, this market is in the toilet.

The problem: vacancies and falling rents combined with their future uncertainty. What is a vacant factory worth and when will someone rent it? For how much? What is the "market value" of upscale apartment or industrial/office complexes with 40% vacancy factor? How many current tenants will renew leases and at what price? As the great recession rumbles along will these factors change for the better or the worse? Most investors are wary of such risks.

Real estate investment trusts ( REIT) own a majority of commercial properties and they won't go negative (pay bank loans in excess of income) for long. The banks may soon own large quantities of unsellable mostly vacant commercial real estate. The write down will be horrendous and probably "tarped" from the US taxpayer.

This is my biggest full catastrophe banking fear for 2011/2012.

http://en.wikipedia.org/wiki/Real_estate_investment_trust
03:45 PM on 01/04/2011
Dear Deep Thought:
I'll fan you #2
People are probably tired of hearing me say this - but Sparks, NV (sister city to Reno) has around (only) 50% occupancy in its commercial properties. Nevada is a special case, certainly, but I know the situation is just as dire in other parts of the country. Poor decisions abound. Some friends and I are doing some business planning and need to rent commercial space for a wholesale kitchen. The local landlords are still trying to get square footage rates that they got during the boom. It's nuts. The stuff is sitting there empty and the won't budge on price. When I was in banking our commercial lending division intervened pretty aggressively to get property owners and managers to recognize what they could reasonably expect from the market. Out where I am that process has completely broken down. No doubt the valuation of a lot of these properties are just as questionable as the practice of trying to lease for 2006 rates.
06:46 PM on 01/04/2011
grouseless54,

My crystal ball says we are in year three of a ten to twelve year "great recession" akin to the Japanese "Lost Decade" (1990 to present).

http://www.signonsandiego.com/news/2010/jul/20/japans-lost-decade-as-lessons-us/

Long term deflation, if correct, means assets are still in an extensive bubble. During the last thirty years, large and continuing asset bubble formation, combined with increasing debt (public and private) have fueled a consumerism that created and sustained millions of jobs. That debt splurge has ended, and with it the jobs it produced. Attempts to pay down debt only exacerbate job loss.

Think of aggregate debt creation as moving future jobs to the time the debt is incurred/spent, and asset bubbles creating "wealth" out of thin air that return to nothingness as the bubble deflates. When the debt increase stops, so do the jobs it created. To make matters worse, money used to repay past debts looses more jobs through decreased consumption.

Bulletin: most of our current job losses are permanent. There is no escape, so plan
accordingly.
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Mary Bottari
04:26 PM on 01/04/2011
Good point. Lots of banks failing because of this including here in Wisconsin.
02:58 PM on 01/04/2011
Since banks create the money they "lend" out of thin air, and they created and popped the housing bubble, court awards should be limited to actual damages to each party, lest the borrower suffer inordinate and unwarranted damages at the hands of the banks. The borrower is the victim of the the bank whose actions in the market were deliberaly designed to facilitate mass foreclosure fraud. So if the borrower put down 15% on a $1MM house @ 6% and made 36 payments of $5,096.18 = $183,462.46 + $150,000 (downpayment) + $34,051.08 interest @ 5% on the downpayment = $367,513.54 in minimum financial damages that the home owner should be due, leaving the bank with whatever they can get from the sale of the house as the maximum a bank should, in all fairness be able to get. If one makes the case that the actions of the bank were in fact part of a larger fraud, whether the specific bank knew it or not (they should have known), then the home owner should get treble damages, for a total in excess of the value of the house. This would compensate the home owner for the damage done to their credit rating and reputation and would provide the disincentive needed to protect the integrity of the system and homeowners specifically from criminal gangs of bankers, who would then have no incentive to rig the system to facilitate this kind of fraud! Collectively, these mass foreclosures are treasonous.
02:44 PM on 01/04/2011
If one bank goes, all the Big Walls will tumble, frankly I don't think it's BoA, look to the real worldwide octopus, Citigroup..
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maxro89
03:02 PM on 01/04/2011
Yes, on May 6 of 2009, the shares of Citigroup going lower to .97 dollar and today is almost 5 dollar per share. On May 6 of 2010 was the flash crash, where the Dow was lost 998.50 points in just minutes. The companies affected were Proctor and Gamble and Accentura that in milliseconds cost just pennies. The question is what is going to happen in this May 6 2011.
02:15 PM on 01/04/2011
The situation won't improve until someone explains the predicaments our country and cities face in a language the average American can understand. Shall we assume at the level of an eighth grader?

Joe Six-Pack and Company do not watch the TV programs or read the newspapers and magazines where the problems have been stated cogently. Yet if they do not understand what is going on and act on that understaning, things will get worse, not better. Why? Just consider the composition of the current Congress? Have an answer?

I don't know whether Jon Stewart, Stephen Colbert, David Letterman or someone with greater pull among the 25-35 year-olds could do it, but G-d knows Mr Obama cannot (too detatched, too academic) and since there is no one in Congress the majority of Americans trust, the "teacher" needs to be someone with smarts and charisma.

As I listen to my wife's and my automobile mechanic and the plumbers, electricians, yard men in our quite modest retirement community, the clerks in the shops we patronize, I realize how little they understand. I'm no expert, and I am in the minority because I read, listen to the radio and watch TV attentively to collect information and opinions I can sift through to draw my own conclusions.

Frankly, I fear what we Americans may do to ourselves far more than what individuals or small groups of terrorists, the Iranians, the North Koreans, the Taliban, al Quaeda may do.
12:06 AM on 01/06/2011
I agree that we Americans may do ourselves more harm than those we label as foes. But, I would say this is largely due to apathy and an inability to unite for a common cause, which is survival. Like you, I read, analyze and discuss. But, I think some "average" Americans are just "fed" up. No one appears to listen, respond to, or represent their needs or interests. Representatives and senators preach their willingness to address key common objectives, but nothing changes. We still have unaffordable health care, diminished education opportunities, fewer jobs, decreasing wages, shelves filled with low-quality, toxic products from our global trading "partners", dependence on foreign oil, and stagnated movement on bringing alternative energy sources to market. I could go on. Also, I do think many "average" Americans do understand the dire circumstances we are all facing. All they have to do is look around at their communities. The large volume of vacant business centers, foreclosed homes, thrift stores, food assistance centers should be enough evidence.
UkrainianPrince
history buff
02:28 PM on 01/06/2011
argus4 you are spot on!!

It will take a few years before most Amercians begin to notice the decline as a economic and military power. We have already lost our moral compass and our industrial base and will limit, if not lose, our higher educationa­­l standing.

Americans are so out of touch with reality and the rest of the world, it will be a shock to find what the political class likes to call our "American Exceptiona­­lism" is no longer exceptiona­­l.” Maybe it never was after the early 60's.
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Greyfox01
My shoe knows more than THEY do.
02:09 PM on 01/04/2011
If you don't rattle your congressman cage they are not going to know, or care that you are in a rage over fuel prices, foreclosures, jobs. Senior's and families continue to turn down their thermostats, more of our seniors and the very young are ending up in the ER with repertory infections. Fuel price are in fact higher than they were this time in 2008. Food prices are rising, rents are rising, corporate insanity is rising, and we do nothing! Has everyone in this once mighty nation gone insane, does anyone care about the corporate takeover of this nation. Speculators are gambling with your very life this marning, and each day hedge fund groups continue to hold the nation hostage with their insane greed for more, always more, never enough! Americans are literally dying because of hedge fund groups like Goldman Sachs who's disregard for the effects their greed is having on our nation. Has our self esteem as Americans sank so low that we will allow our families to suffer the indignation by greed infected hedge fund managers, who's job to use false rumor if need be to rise profits for their investors. WHY aren't you calling your congressmen and raising hell! OPEC is saying that the US economy is growing, and that you are comfortable with $100 a barrel for crude oil, are you, really?! If not say so!! Start a gasoline boycott in you town. Spread the word ... we want justice!
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Jophoenix
03:01 PM on 01/04/2011
my name is Jo but not with a 6 pack, this is exactly what "The Anti American Manifsto" is about "action"
I have lived through discourse and hope that this doesnt happen but if we set back and do nothing it can and will happen and I for one will not like the outcome. So its up to those of us who do read indeed study the issues to stand up before its to late. I think late is NOW.
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democrats for life
republicans need not apply
02:05 PM on 01/04/2011
if we lose the world reserve currency, look for gas to be 8 dollars per gallon. this is not a opinion, but a fact
01:40 PM on 01/06/2011
if your talking about the dollar than OPEC wont even deliver.
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Trepasky
Sanity is neither free nor easy
01:42 PM on 01/04/2011
Banks will have to give out $1,000,000 bonuses instead of the $1,000,000,000 this past year.
Sure going to be a lot of pain in the pocket book for those poor CEOs and other high dollar folks.
I sure wish I could feel bad for them.

Housing and employment are bound together. As housing values drop, unemployment goes up. As employment increase housing values increases. Looks like it will be a few more years before either housing or employment begin to increase.

The bank and other financial organizations have it all. They can gamble with our money and expect us to bail them out. They can sell toxic assets and then claim ignorance when the sucker err buyer complains. Heck, they can even act like terrorist and demand that Congress pay them (bail out) or suffer the consequences.

Some body should be accountable but that will have to wait until everyone today is dead and buried. Too many of those alive today who could do something have their hands in the pockets of the bankers!
04:10 PM on 01/04/2011
"Banks will have to give out $1,000,000 bonuses instead of the $1,000,000­,000 this past year."

They should give out the Clark Griswold Special instead: membership in the "Jelly of the Month" Club.
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Trepasky
Sanity is neither free nor easy
04:27 PM on 01/04/2011
Yes, and then they would have something to share !
01:40 PM on 01/04/2011
News like this tells me its time to start making yourself more resilient to the shocks that appear inevitable. "Thriving During Challenging Times, The Energy, Food and Financial Independence Handbook" is a great roadmap to get you started on the road to personal independence. http://www.cammather.com/
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GuyCybershy
01:37 PM on 01/04/2011
"Banks, Bailouts and Manufactured Market Crashes" with Max Keiser.

http://www.kpfa.org/archive/id/66383
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Jophoenix
03:09 PM on 01/04/2011
Thanks, good idia Max Keiser is wonderful I wish I had the money to bail because I too think if we dont stand up and I see no real hope that we will it is hopeless as its going.