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Experienced circuit court judges with decades of trial court, evidentiary and complex litigation experience have started to ask real questions about the millions of dollars in foreclosure judgments they’re signing every day in their courtrooms to entities that they cannot identify. Federal judges with hundreds of years of experience are really starting to dig into documents filed and representations made by the parties that appear before them… There are real questions being raised in bankruptcy courts and even bigger questions about fraud and collusion and federal crimes at the highest levels of American businesses.
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The best way to prove this mess all got dissolved is to go to the IRS.gov website and look for the publication # 938 for 2006 through the present. This is where you will see that the gain on sale reporting etc all stopped as the securitization machine was turned off temporarily in late 2007. The trusts were all named and reporting until the end of 07 then 08 is missing?????? They restart the reporting in 09 but it is down to only Ginnie/Freddie/Fannie/JPM/Citi and random trusts that have been created. The government absolutely knows what happened yet seems to help cover this up thinking we are too dumb to catch it.
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REMICs are subject to federal income taxes at the highest corporate rate for foreclosure income and must file returns through Form 1066. The foreclosure income that is taxable is the same as that for a real estate investment trust (REIT) and may include rents contingent on making a profit, rents paid by a related party, rents from property to which the REMIC offers atypical services, and income from foreclosed property when the REMIC serves as dealer.
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The banks' failure to file taxes occurs at every step of making loans. The banks don't lend their money or credit, they access YOUR credit and bring it into the bank. Through fractional banking they leverage up your credit 9x and make more loans. The earnings on the 9x are supposed to be reported on the 1099OID forms to the IRS. They never do report and pay the tax. I doesn't surprise me that during the securitization, they have the IRS 938 forms to submit. They don't file their taxes at any point. They withhold your credit and present you with a promissory note to make you promise to pay back your credit plus interest for the life of the loan. This is the loan we are tricked into believing we received. Since the bank has no consideration in the contract, they have no right to collateralize or demand payment for the loan. The contract was a fraud to begin with. Then, after 3 years they can file the 1099A Abandonment of credit form with your name on it stating that you abandoned your credit with them. The fact is you had no idea you received credit at the time of signing the loan application. The banks succeed in stealing your credit 3 years later. This is well known by all regulators and government. Even the CPAs know what is going on. But my CPA stated that the taxes to be paid were so miniscule in relation to the tax return of the banks that it would not be prosecuted. This is particularly so if only a few people report to the IRS that the taxes on their transactions were not paid. Just a drop in the bucket. So now that the MBS investors found out 938 tax filings were not done, we might get some action. But what about all the 1099OIDs not filed? What about all the credit stolen by the banks at the same time?........
by kayl
on Sat, 10/16/2010 - 11:18
#655143 of Zerohedge.com
[Alan Greenspan] ‘The evidence strongly suggests that without the excess demand from securitizers, sub-prime mortgage originations (undeniably the original source of the crisis) would have been far smaller, and defaults accordingly far lower’.
As will be seen, all that Greenspan did here was to describe the situation in general terms, offering no solutions and deflecting attention from his own culpability while at the same time perpetuating the CIA ‘slide’ that the crisis stemmed originally from the ‘sub-prime mortgage meltdown’.
The only element of that last statement that is true concerns the fact that when the ‘taster’ low-interest period of certain mortgages ended, very large increases in monthly payments proved impossible for lower-income householders to finance.
However the real financial scandal buried inside this ‘slide’ is that the mortgage bank prospectively gets paid FOUR TIMES per mortgage:
Payment #1: Down payment and subsequent income stream from the householder granted the mortgage.
Payment #2: A discounted payment from the ‘mortgage collectiviser’ (such as Lehman Brothers or Bear Stearns) which buys the mortgage at a discount from the mortgage bank and then sells it on to Fannie Mae or Freddie Mac, which then places the mortgage in a trust, which then creates Collateralised Debt Obligations (CDOs) after collectivisation with other mortgages (or even with dud paper), and then splits the CDOs into tranches, which are then multiplied creating a ‘basket’ of pools of tranches which are sold off to institutions, especially carousel participating institutions abroad which didn’t originally do their due diligence, with the resulting avalanche of completely worthless assets being propped up alone by the NAMES OF THE INSTITUTIONS marketing them.
Of course, from the earliest stage of this avalanche, the owners of the ‘assets’ beyond the original mortgage bank have sold them ‘without recourse’ to the holder of the original mortgage.
Therefore, if the mortgagee defaults, so that the ORIGINAL asset has become worthless, none of the parties ‘downstream’ is any the wiser. They just keep on marketing successive tranches of these fake ‘assets’ ON THE UNCHECKED ASSUMPTION that the original mortgage is still intact.
• For Greenspan, who was arrested in June 2007 and held under house arrest/in jail for three weeks to bring him to his senses, to tell Congress that he ‘couldn’t have imagined’ this being the case, is TYPICALLY SELF-SERVING and UTTERLY OUTRAGEOUS.
Payment #3:
Since the bank continues to hold the associated Universal Commercial Code 1 document that goes with the original mortgage and does not ‘travel’ with the subsequent hypothecations, the bank is in a position to sell the mortgage a second time, to a third party (which starts the replication process beyond the mortgage bank all over again).
Payment #4:
Finally, the bank of course continues to demand the repayments from the mortgagee. Should the mortgagee default, and foreclosure occurs, the bank hopes to be in a position to repossess the property, whereupon it becomes a realtor and proceeds to sell it or to provide a mortgage against it from scratch (which would open up a further three prospective payments for the mortgage bank in accordance with the above sequence).
In such cases, people facing repossession should, as we pointed out in our report dated 26th December 2007, demand that the TOP COPY of the mortgage document be presented to the Court.
Since the bank has sold the mortgage on, it may not be able to comply with this demand, in which case the repossession should be adjudged to be null and void.
• A related scam associated with this scandal here is that mortgagees may have been asked to sign THREE TOP COPIES of the mortgage documents, which of course greatly facilitates the proliferation of this fraudulent financing scam scenario.
Source 2008 Article on Worldnews.org
Originally posted by kdial1
However the real financial scandal buried inside this ‘slide’ is that the mortgage bank prospectively gets paid FOUR TIMES per mortgage:
Google Video Link |
CNBC predicts Congress will retroactively legalize foreclosure fraud
Congress will pass a bill to "forgive" banks the potentially criminal errors made in foreclosure proceedings, a senior CNBC editor predicts. In a blog column Friday, John Carney argues that lawmakers in DC won't allow the country's largest issuers of mortgages to suffer financial losses following revelations of numerous mishandled foreclosure proceedings, especially when bailing them out this time "won't cost taxpayers a dime."
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An ex post facto law or retroactive law, is a law that retroactively changes the legal consequences (or status) of actions committed or relationships that existed prior to the enactment of the law. In reference to criminal law, it may criminalize actions that were legal when committed; or it may aggravate a crime by bringing it into a more severe category than it was in at the time it was committed; or it may change or increase the punishment prescribed for a crime, such as by adding new penalties or extending terms; or it may alter the rules of evidence in order to make conviction for a crime more likely than it would have been at the time of the action for which a defendant is prosecuted.
Conversely, a form of ex post facto law commonly known as an amnesty law may decriminalize certain acts or alleviate possible punishments (for example by replacing the death sentence with life-long imprisonment) retroactively.......Generally speaking, ex post facto penal laws are seen as a violation of the rule of law as it applies in a free and democratic society. Most common law jurisdictions do not permit retroactive criminal legislation, though new precedent generally applies to events that occurred prior to the judicial decision. Ex post facto laws are expressly forbidden by the United States Constitution.
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