Sunday, June 5, 2011

Larry Platt, Prominent Securitization Lawyer, Made False Statements About BofA Mortgage Transfers « naked capitalism

Here is a follow up article regarding story in Fortune regarding the cover up by the big banks and some of there representatives who have recently been caught in several different lies. 

From Yves Smith at Naked Capitalism (yves is the authority on the housing crisis and how corruption on wall street and within the major banks have screwed the american public)
Among other things, its shows prominent securitization attorney Larry Platt, who accused judges who interfered with the imperial rights of banks to foreclose of engaging in an “assault on the legal system,” to be a liar. Funny how that type is eager to try to say everyone else is engaged in bad conduct.

Contrast Platt’s statements with Field’s findings:

To check DeMartini’s testimony, Fortune examined the foreclosures filed in two New York counties (Westchester and the Bronx) between 2006 and 2010. There were 130 cases where the Bank of New York (BK) was foreclosing on behalf of a Countrywide mortgage-backed security. In 104 of those cases, the loan was originally made by Countrywide; the other 26 were made by other banks and sold to Countrywide for securitization.

None of the 104 Countrywide loans were endorsed by Countrywide – they included only the original borrower’s signature. Two-thirds of the loans made by other banks also lacked bank endorsements. The other third were endorsed either directly on the note or on an allonge, or a rider, accompanying the note.

The lack of Countrywide endorsements, combined with the bank’s representation to the court that these documents are accurate copies of the original notes, calls into question the securitization of these loans, as well as Bank of New York’s right, as trustee, to foreclose on them. These notes ostensibly belong to over 100 different Countrywide securities and worse, they were originally made as long ago as 2002. If the lack of endorsement on these notes is typical — and 104 out of 104 suggests it is — the problem occurs across Countrywide securities and for loans that pre-date the peak-bubble mortgage frenzy.

In other words, DeMartini and the supposedly incompetent were truthful, and the damage control team, including outside counsel, lied. I wonder, given the dive that Bank of America stock has taken, whether Bank of Americas’ misstatements on this topic constitute securities fraud. If so, Platt has not only enabled but participated in it directly.

The reason I am harping on this is the American Securitization Forum, SNR Denton, K&L Gates and others went on a full bore campaign to defend their meal tickets last fall, and their rearguard action is looking increasingly to be an utter fabrication. Yet the media took up their line because they were large recognized players. What is offensive is not only is Platt not about to suffer any reputational consequences, but small firm attorneys like Nick Wooten who are targeting banking industry malfeasance get hit with frivolous sanctions motions and industry mouthpieces like Housing Wire trumpet them as if they are serious.

Yes, Virginia, we have a two tier system of justice in this country. And we need to understand all its ugly manifestations if we are to have any hope of rooting it out.


Larry Platt, Prominent Securitization Lawyer, Made False Statements About BofA Mortgage Transfers « naked capitalism

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