Allocation of National Mortgage Settlement

Have you wondered about what really happened to the money negotiated through the National Mortgage Settlement Agreement? I wonder. I still wonder. Nobody seems to know exactly where the money went. A recent article on The Bryan Ellis Investing Letter breaks it down, sort of. Nobody seems to know where all the money went. I looked at on the site for the National Conference of State Legislators and found a break down for allocations state by state which was published around the time of the settlement date. The allocation of funds for Florida follows. But how the money was actually spent, remains a mystery. It seems abundantly clear that the monies did not go to beleaguered former homeowners who had already lost their homes in foreclosure.

FLORIDA ALLOCATION OF NATIONAL MORTGAGE SETTLEMENT MONIES:

$334,073,974.00 - Florida's Share

$35 million for down payment assistance;
$10 million for housing counseling;
$5 million for the state court system to help with foreclosure-related issues;
$5 million to the Office of the Attorney General to fund legal aid programs;
$9,117,895 to the Florida Prepaid Tuition Scholarship Program;
$5,262,579 to the state courts system to provide technology solutions that expedite foreclosure cases through the judicial process;
$16 million to the state courts system to provide supplemental resources to reduce the backlog of pending foreclosure cases;
$9.7 million to the clerks of the court to enhance service levels to assist and support the courts in expediting processing backlogged foreclosure cases;
$10 million to the Office of the Attorney General to provide legal aid to low- and moderate-income homeowners facing foreclosure;
$10 million to the Department of Children and Families for capital improvements to certified domestic violence centers;
$20 million to Habitat for Humanity of Florida;
$50 million to reduce rents on new or existing rental units through the State Apartment Incentive Program;
$10 million to fund the construction or rehabilitation of units through the State Apartment Incentive Loan Program;
$40 million to fund the State Housing Initiative Program;
$10 million to the Department of Economic Opportunity to fund a competitive grant program to provide housing for homeless persons;
$10 million to the Department of Economic Opportunity to fund a competitive grant program to provide housing for persons with developmental disabilities;
$5 million to the Office of the Attorney General to reimburse the office for costs and fees;
The remaining funds are directed to the state General Fund as civil penalties.

And stated on the Florida Attorney General, Pam Bondi's site:

"Attorney General Bondi formally entered a landmark $25 billion joint federal-state agreement with the nation's five largest mortgage servicers over foreclosure abuses and unacceptable nationwide mortgage servicing practices. The proposed agreement provides an estimated $8.4 billion in relief to Florida homeowners and addresses future mortgage loan servicing practices. The settlement generally releases civil claims related to robo-signing, other foreclosure-related abuses, and loan origination misconduct, but it provides no release of criminal claims or of claims related to mortgage securitization.

'This settlement will provide substantial relief to struggling Florida homeowners, and ensures that our state gets its fair share of the relief being provided nationally,' stated Attorney General Pam Bondi. "This agreement holds banks accountable and puts in place new protections for homeowners in the form of strict mortgage servicing standards.'"

AND

"Florida’s share of the total monetary benefits under the settlement is approximately $8.4 billion.

• Florida borrowers will receive an estimated $7.6 billion in benefits from loan modifications, including principal reduction, and other direct relief.
• Approximately $170 million will be available for cash payments to Florida borrowers who lost their home to foreclosure from January 1, 2008 through December 31, 2011 and suffered servicing abuse.
• The value of refinanced loans to Florida’s underwater borrowers would be an estimated $309 million.
• The state will receive a direct payment of $334 million.

In addition to the terms of the national settlement agreement, Attorney General Bondi separately negotiated an agreement with the nation’s three largest mortgage servicers to ensure that a guaranteed portion of the overall settlement funds goes to Florida borrowers.

For more information about eligibility and filing a claim:
Website: NationalMortgageSettlement.com
Email: administrator@nationalmortgagesettlement.com
Call toll-free: 1-866-430-8358 (Hearing Impaired: 1-866-494-8281).
*The line is staffed Monday through Friday from (7 a.m. to 7 p.m. Central)."

In fact, some former homeowners received checks for $300.; and a few others I know of received around $1400. The state of Florida has gleefully participated in the fleecing of Florida citizens perpetrated by the banks and that fleecing continues to this day. The mortgage crisis and great recession is the result of the biggest Ponzi scheme ever that makes Bernie Madoff look like a kindergartner.

If I had never purchased a home, a potential first time home buyer, there is no way that I would buy a home now. Not in this economy. Not after witnessing these recent events. I would stay home with Mom as long as she could stand it, and then after that I would rent. The media can blame the slow down in purchases on the weather, or alternately claim that the mortgage crisis ended. But, you don't need a weatherman to tell which way the wind blows.  

Apparently it doesn't matter ...

Apparently it doesn't matter to our government that the wealth of our citizens is being systematically depleted by the banks and our government who allow them to proceed. Apparently the fact that many of the lenders have no real claim to the property for which they pursue foreclosure is of no consequence. Case in point, a representative of JP Morgan Chase admitted in a deposition which is part of the Federal Court record in that case, that JP Morgan Chase never actually received the mortgage notes supposedly transferred from Washington Mutual. Apparently it doesn't matter that this fact, and it is now accepted as fact, continues to be ignored by the circuit courts. And foreclosures continue with the named plaintiff, JP Morgan Chase as Successor in Interest for Washington Mutual, even though it isn't true.

In Federal Court, the sworn deposition testimony of Lawrence Nardi, the operations unit manager and a mortgage officer for JPM, who was previously with WaMu and was picked up by JPM after WaMu’s failure a representative for JP Morgan Chase, Nardi, admitted that these transfers never took place. See JPMorgan Chase Bank, N.A. as successor in interest to Washington Mutual Bank v. Waisome, Florida 5th Judicial Circuit Case No. 2009-CA-005717. In the deposition entered to the court record of that case:

"(page 261, beginning at line 2): No there is no assignments of mortgage. There’s no allonges. There’s no — in the thousands of loans that I have come into contact with that were a part of this purchase, I’ve never once seen an assignment of mortgage. There is simply not — they don’t exist. Or allonges or anything transferring ownership from WAMU to Chase, in other words. Specifically, endorsements and things like that.
So, JPM allegedly “purchased” mortgage loans from the FDIC out of the WaMu failure, but there is no schedule of what loans were purchased, no assignments, no allonges, no endorsements, nothing that transferred ownership of the loans from WaMu to Chase. However, as we all know, JPM goes around the country touting that it is the “successor in interest to WaMu” (which it has admitted in Federal Court that it is not) and relies on the amorphous “FDIC Affidavit” which, as far as what the “Affidavit” is proffered for, is directly contradicted by the sworn deposition testimony of JPM’s authorized representative WHO WAS FORMERLY WITH WAMU AND WAS PICKED UP BY JPM."

And further, apparently it doesn't matter that the Department of Justice went to all the trouble of hammering out a National Mortgage Settlement Agreement. Because, that, also is being systematically ignored by the banks. Dual tracking continues as it always has. The homeowner in good faith enters into mortgage modification with their lender or servicer or whoever offers a modification, provides to them an endless stream of documents, only to find themselves facing foreclosure anyway. 

It  MATTERS!