RTC Oversight Board President and Senior Vice President, Peter Monroe and Lloyd Chaisson, Issued the Following Statement Today

Tampa, FL (PRWEB) September 23, 2008

“The RTC (Resolution Trust Corporation) was created in 1989 by Congress as a federal agency to close failed Savings and Loan Associations and sell their assets at the highest value. Proceeds from sales were used, along with Congressional appropriations to pay all obligations to federally insured depositors Thousands of Savings and Loan (S & L) executives and directors were convicted. No S & L shareholder received a penny of taxpayer dollars. Innovative techniques such as the securitization of commercial mortgages were created to achieve the highest “net present value” for all assets sold. RTC was never a “bailout” in the sense of going beyond explicit federal guarantees. When the job was done, the RTC closed its doors–forever.

In 1993, it was thought that higher capital standards for all financial institutions, tighter asset appraisals and the experience of the S&L crisis itself would help prevent a reoccurrence of a financial crisis caused by mortgage defaults. Now we find ourselves, yet again, mired in a mortgage-driven crisis. However this one, if not soundly managed, could saddle future generations with unprecedented debt.

We offer this discussion of “lessons learned” from our RTC Oversight Board leadership roles in the spirit of “those who do not understand history are doomed to repeat it”. At the same time, much of the work of the RTC should be repeated. We caution officials not to act so precipitously as to replace the last 20 years of government paralysis with panic. Notwithstanding the extreme nature of the current financial crisis, “doing it right” is the most important thing that can be done. If Treasury and Congress get this wrong because of unbridled haste to “do something”, the implications are far more serious than anyone can imagine. It will take years to unwind any poor decision making.

We believe that the following ten principles must guide the current federal response:

1)

Kramer Law: Congressional Oversight Panel Weighs in on Robo-Signing


Calabasas, California (PRWEB) June 19, 2011

The Law Offices of Kramer and Kaslow released comments from lead attorney Philip Kramer regarding the latest Huffington Post article on the findings of the Congressional Oversight Panel. According to the article, the Congressional Oversight Panel, a federal watchdog created to keep tabs on the bailout, says that the “robo-signing of affidavits served to cover up the fact that loan servicers cannot demonstrate the facts required to conduct a lawful foreclosure. In essence, banks may be unable to prove that they own the mortgage loans they claim to own,” the panel said.

The article also quotes Sheila Bair, the chairman of the Federal Deposit Insurance Corporation. Blair said at a Senate panel last month that “flawed mortgage banking processes have potentially infected millions of foreclosures. The extent of the loss cannot be determined until there is a comprehensive review of the loan files and documentation of the process dealing with problem loans,” she added.

The Huffington Post reports that despite that appraisal, Bair, along with Treasury Secretary Timothy Geithner and Shaun Donovan, secretary of Housing and Urban Development, have said they want a quick settlement.

Philip A. Kramer, a Southern California attorney whose law firm Kramer & Kaslow has launched half a dozen consolidated plaintiff litigation suits against banks for such behavior commented. Of course they want to settle this quickly,” said Kramer. “If the wrongdoing by the banks is looked at closely, if it is looked at systemically, I suspect that it may well turns out there are are hundreds of thousands of loans, perhaps millions and that is not an exaggerated number for which the banks simply do not have the proper paperwork to legally foreclose, much less prove ownership.

According to the Huffington Post article, Kramers views are getting some serious support as the Attorneys General of all 50 states look into the matter. The article says that New York Attorney General Eric Schneiderman has been particularly aggressive and has targeted Bank of America, the biggest U.S. bank by assets, in a new probe that questions the validity of potentially thousands of mortgage securities and their associated foreclosures, two people familiar with the matter said.

The Huffington Post reports that, The inquiry could prove explosive: Wall Street’s great mortgage securitization machine took millions of home loans and bundled them into securities for sale to investors. If the legal steps that guide securitization — like taking mortgage documents from one party to another, a critical step under New York law — were not undertaken, then the investors who bought the bundled loans could force the companies to buy them back, compelling them to eat enormous losses.

Philip Kramer is quick to point out that there is another conclusion to Schneidermans investigations. If the New York Attorney General finds that those securities aren’t valid financial instruments at all they could take action under state law. They may end up awarding the homes to the borrowers because the banks cannot prove ownership.

More of Philip Kramers comments can be found at the Kramer and Kaslow blog.

ABOUT PHILIP KRAMER

PHILIP A. KRAMER is the senior partner of the Law Office of Kramer & Kaslow, in Calabasas, California. Kramer & Kaslow is Martindale Hubbell AV rated. Mr. Kramer is a perennial recipient of the prestigious Southern California Super Lawyer award.

Mr. Kramer received his undergraduate degree from Ohio State University and his Juris Doctorate from the Catholic University of America, in Washington, DC. His practice emphasizes commercial litigation and trial advocacy, with a concentration on business litigation, and real property matters. He has prosecuted and defended cases for over twenty five years.

Mr. Kramer is a licensed real estate broker and has spent considerable time providing legal services in connection with real estate issues relating to loan modification and loss mitigation, land use and zoning, environmental issues, easements, construction and development, finance, and landlord tenant matters.

Mr. Kramer is admitted to practice before all courts in the State of California, the United States Supreme Court and the United States Court of Military Appeals. Mr. Kramer has tried in excess of 200 cases. He has appeared on nationally televised programs regarding pre-trial procedure and trial strategy and has appeared as a guest lecturer on topics ranging from constitutional law to trial practice, and Mr. Kramer frequently lectures on a broad spectrum of various legal and business issues.

Mr. Kramer also serves as a Judge Pro Tem for the Los Angeles Superior Court and as a Mediator.

Mr. Kramer is also a past president of the Los Angeles West Inns of Court, a national organization dedicated to bringing professionalism and civility back into the legal profession. He also serves on numerous Boards of Directors and serves as an officer in many companies. For more information call (818) 224-3900 or visit http://kramer-kaslow.com

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Kramer Law: Congressional Oversight Panel Weighs in on Robo-Signing


Calabasas, California (PRWEB) June 19, 2011

The Law Offices of Kramer and Kaslow released comments from lead attorney Philip Kramer regarding the latest Huffington Post article on the findings of the Congressional Oversight Panel. According to the article, the Congressional Oversight Panel, a federal watchdog created to keep tabs on the bailout, says that the “robo-signing of affidavits served to cover up the fact that loan servicers cannot demonstrate the facts required to conduct a lawful foreclosure. In essence, banks may be unable to prove that they own the mortgage loans they claim to own,” the panel said.

The article also quotes Sheila Bair, the chairman of the Federal Deposit Insurance Corporation. Blair said at a Senate panel last month that “flawed mortgage banking processes have potentially infected millions of foreclosures. The extent of the loss cannot be determined until there is a comprehensive review of the loan files and documentation of the process dealing with problem loans,” she added.

The Huffington Post reports that despite that appraisal, Bair, along with Treasury Secretary Timothy Geithner and Shaun Donovan, secretary of Housing and Urban Development, have said they want a quick settlement.

Philip A. Kramer, a Southern California attorney whose law firm Kramer & Kaslow has launched half a dozen consolidated plaintiff litigation suits against banks for such behavior commented. Of course they want to settle this quickly,” said Kramer. “If the wrongdoing by the banks is looked at closely, if it is looked at systemically, I suspect that it may well turns out there are are hundreds of thousands of loans, perhaps millions and that is not an exaggerated number for which the banks simply do not have the proper paperwork to legally foreclose, much less prove ownership.

According to the Huffington Post article, Kramers views are getting some serious support as the Attorneys General of all 50 states look into the matter. The article says that New York Attorney General Eric Schneiderman has been particularly aggressive and has targeted Bank of America, the biggest U.S. bank by assets, in a new probe that questions the validity of potentially thousands of mortgage securities and their associated foreclosures, two people familiar with the matter said.

The Huffington Post reports that, The inquiry could prove explosive: Wall Street’s great mortgage securitization machine took millions of home loans and bundled them into securities for sale to investors. If the legal steps that guide securitization — like taking mortgage documents from one party to another, a critical step under New York law — were not undertaken, then the investors who bought the bundled loans could force the companies to buy them back, compelling them to eat enormous losses.

Philip Kramer is quick to point out that there is another conclusion to Schneidermans investigations. If the New York Attorney General finds that those securities aren’t valid financial instruments at all they could take action under state law. They may end up awarding the homes to the borrowers because the banks cannot prove ownership.

More of Philip Kramers comments can be found at the Kramer and Kaslow blog.

ABOUT PHILIP KRAMER

PHILIP A. KRAMER is the senior partner of the Law Office of Kramer & Kaslow, in Calabasas, California. Kramer & Kaslow is Martindale Hubbell AV rated. Mr. Kramer is a perennial recipient of the prestigious Southern California Super Lawyer award.

Mr. Kramer received his undergraduate degree from Ohio State University and his Juris Doctorate from the Catholic University of America, in Washington, DC. His practice emphasizes commercial litigation and trial advocacy, with a concentration on business litigation, and real property matters. He has prosecuted and defended cases for over twenty five years.

Mr. Kramer is a licensed real estate broker and has spent considerable time providing legal services in connection with real estate issues relating to loan modification and loss mitigation, land use and zoning, environmental issues, easements, construction and development, finance, and landlord tenant matters.

Mr. Kramer is admitted to practice before all courts in the State of California, the United States Supreme Court and the United States Court of Military Appeals. Mr. Kramer has tried in excess of 200 cases. He has appeared on nationally televised programs regarding pre-trial procedure and trial strategy and has appeared as a guest lecturer on topics ranging from constitutional law to trial practice, and Mr. Kramer frequently lectures on a broad spectrum of various legal and business issues.

Mr. Kramer also serves as a Judge Pro Tem for the Los Angeles Superior Court and as a Mediator.

Mr. Kramer is also a past president of the Los Angeles West Inns of Court, a national organization dedicated to bringing professionalism and civility back into the legal profession. He also serves on numerous Boards of Directors and serves as an officer in many companies. For more information call (818) 224-3900 or visit http://kramer-kaslow.com

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More Securitization Press Releases

Home owners Looking for Hope in House loan Settlement Oversight Report


Minneapolis, Minnesota (PRWEB) August 31, 2012

The National Mortgage Settlement was reached in between forty nine states and 5 of the countrys most influential financial institutions, consisting of: Ally/GMAC, Financial institution of The united states, Citi, JPMorgan Chase and Wells Fargo. Each and every individual lender agreed to adhere to new home loan serving standards and to provide mortgage modification and other varieties of reduction. Amidst problem that the settlement was in truth possible to apply, Joseph A. Smith, Jr., was appointment as Keep an eye on on April 5, 2012 of the Workplace of House loan Settlement Oversight (OMSO).

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Two days ago, Smith and the OMSO launched the first progress report.

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Quantities on principal reduction are the first amount that Property Vacation spot is looking for. Currently being understood as the guide goal of the settlement, it stands out in the report that banks have nevertheless to control $ 1 billion to minimize the high charges. The report info exhibits that $ 749 million in first-lien and $ 231 million in second-lien reductions are the only numbers in from banking institutions. Disappointingly, the Lender of America has $ to report.

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Anti-blight packages like bulldozing residences, providing residences absent, and forgiving deficiency judgments have made up an equivalent element to the number report as very first-lien modification forgiveness. Very on the opposite, brief revenue quantities show genuine development, a confirmation that banking companies prefer limited product sales to draining foreclosures. Right here is in which the dollars came from:&#13

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Accomplished 1st Lien Modification Forgiveness $ 749.36M&#13
Finished Forgiveness of pre-three/one/12 Forbearance $ 348.94M&#13
Completed Second Lien Modifications and Extinguishments $ 231.42M&#thirteen
Brief Product sales Finished $ 8.669B&#13
Overall Other Software Action $ 458.75M&#thirteen
Refinance Consumer Relief $ 102.78M

Numerous surprise just what variation the Settlement has created in excess of life’s all-natural course of the way things switch out. Optimism is up with a balancing caution. “I will proceed to check the banking companies endeavours to satisfy their obligations beneath this settlement, as my workplace proceeds its perform to keep financial institutions and other monetary establishments accountable for the destruction theyve induced in our communities, stated Illinois Attorney Basic Lisa Madigan. Concluding his report, Smith explained, “I feel we have created a excellent first phase.”

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The true query for several is centered on the place are the principal reductions for liable house owners who work challenging to obtain them? In reply as to why the financial institutions should comply greater, Realtor Journal suggests, “For starters, many of these institutions contributed to the problem with their securitization schemes and ended up rescued with trillions of dollars in taxpayer-funded bailout income. Though a significant volume has been paid back again, some has not and will never ever be returned.”

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However it was not essential by the Settlement, Smith sponsored the creation of the OMSO, a not-for-income business intended to offer administrative help for his function. As transparency is essential for the Home loan Settlement to be successful, also, the OMSO will allow Smith to have out obligations transparently and independently with administrative oversight from the Board of Administrators.

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The OMSO what to hear what customers are declaring about their activities with the five mortgage loan servicers. From mid-April to mid-August, folks from throughout the nation submitted issues about the troubles they are facing, and it goes a long way to provide about clarity to our leaders in office.

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The Business office of the House loan Settlement Oversight requests help from a broad pool of intrigued members. It welcomes any property mortgage loan borrower, including the counselors, attorneys, or other specialists who assist the property owner, who have experiences with their Servicers that seem to violate these new requirements must share that information with OMSO through its site. Right here is the hyperlink. House Vacation spot encourages worried homeowners to make use of the invitation to gain aid and share any activities of violation.

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Contact Jenna Thuening, proprietor of Residence Destination if you are a Minneapolis location home-owner facing a short sale, foreclosure, or require a person with the expertise of a Licensed Distressed House Professional to chat to. Get in touch with 612-396-7832.

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