The Overdogs Bite Back

Our corporate lords are a sensitive lot. They want it all. They want total control of the government and they want love and appreciation.

Who can blame them for being upset? They spend all that money to buy the government, hire all those lobbyists, all those PR people.

It’s true the politicians help them out when business is bad, but do they everything just the way the corporate overlords want? Apparently not.

Who knew?

And we don’t express enough love for them, or appreciate them enough for all the good things they say they do.

Instead, we brats just want them to pay more taxes, or put another way, the same rate of taxes they used to.

Even one of their own, Warren Buffet, tries to make them look bad by suggesting maybe they could afford to pay a little more in taxes.

Now the CEOs are mad as hell and they’re not going to take it any more.

And they've created a new more loveable name for themselves:  job creators? Who wouldn’t love a job creator?

They want to make sure they’re getting their message across about how swell they are. It’s called, wonderfully enough, the Job Creators Alliance.

In an odd coincidence, their message bears a striking resemblance to pure Republican propaganda. Even the tiniest speck of regulation appearing on the horizon, for example Dodd-Frank financial regulation, causes the job creators to tremble and quake, and stop doing the only thing they really care about – creating jobs.

The Job Creators Alliance doesn’t blame the deep recession or the lack of demand for unemployment. They blame Dodd-Frank. This mild bit of financial regulation is blasted while the CEOs tote out one of the Republicans’ favorite phony themes – the financial collapse wasn’t caused by Wall Street greed, fraud and carelessness, but by Fannie Mae and Freddie Mac.

And the other big problem? You guessed it. Mandated health insurance.

Because both Dodd-Frank and mandated health insurance tamper with one of the job creators’ real sacred cows – the free market system.

As staunch defenders of the free market system, the CEO’s web site ought to be aflame with their righteous anger at the bailout and the Federal Reserve’s secret trillions in loans that propped up so many businesses in the wake of the economic collapse. But in what I’m sure is just an oversight, the job creators’ haven’t gotten around to posting about it yet.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Don't Foreclose on the Rule of Law

As the foreclosure process implodes in the U.S., the big banks and their defenders are scrambling to defend the mess they’ve created, dismissing serious legal issues as mere technicalities.

I covered courts as a reporter for years and I learned something about legal technicalities.

What I learned was that whenever some lawyer started dismissing some legal rule as a technicality, they were about to try to heave some of their adversary’s fundamental rights out the window.

In the foreclosure mess, those adversaries would be the banks’ former business partners, their borrowers, the people they loaned money to.

Now the big banks are trying to dismiss the rules that govern the foreclosure process as legal technicalities.

Take for example the Florida case in which a judge ruled earlier this year that a document that was supposed to show that U.S. Bank owned the mortgage in December 2007 wasn’t created until the following year. The document filed by the bank, the judge wrote in March, “did not exist at the time of the filing of this action…was subsequently created and…fraudulently backdated, in a purposeful, intentional effort to mislead.” She dismissed the bank’s case.

The bank’s lawyer blamed carelessness. He explained: “Judges get in a whirl about technicalities because the courts are overwhelmed....The merits of the cases are the same: people aren't paying their mortgages.”

One of the other things I learned was that judges tended to use very precise wording in their rulings. If the judge in the Florida case was feeling overwhelmed, she didn’t mention it. What she did say what that somebody had fraudulently created a document.

That’s not a technicality. And it doesn’t matter if you’ve been making your mortgage payment or not. Banks are not allowed to foreclose on a home using fraudulent documents. Period.

One of the aspects of the rule of law is that it applies the same to everybody: a bank isn’t allowed to submit fraudulent documents to a court any more than a pauper is. That’s not a technicality. That’s the rule of law.

In the most recent brouhaha, a number of big banks, Ally, PNC Financial, J.P. Morgan Chase and Co and Bank of America, have acknowledged that their officials didn’t actually read key foreclosure documents before submitting them in court. Some documents appeared to have been forged; others appeared to contain false information.

A number of state attorney generals across the country have threatened legal action against the banks. Faced with a firestorm, some banks have voluntarily halted foreclosures in 23 states: the ones where judges oversee foreclosures. Only Bank of America has halted foreclosures in all 50 states.

One of the first banks to acknowledge that its own paperwork hadn’t been properly reviewed was Ally Bank, formerly known as GMAC. The latest controversy wasn’t the first time GMAC’s legal work on foreclosures came under scrutiny.

In 2006, Bloomberg News reported, another Florida judge sanctioned the company, finding that it submitted false affidavits to the court in a foreclosure case. The judge ordered GMAC to submit an explanation, certify that its policies had changed and pay the opposing party’s legal costs of more than $8,000.

As a result, GMAC’s legal department issued a statement that told employees “not to sign verifications on court pleading documents unless you have independently reviewed and checked the facts.”

The new policy, the Journal reported, was distributed in June 2006; it also stated in italics and boldface that GMAC employees should sign documents only in the presence of a notary. GMAC told the court  that the policies were “being corrected.”

Three and a half years later, a GMAC employee said in a deposition that his team of 13 people signed about 10,000 documents a month without reading them.

Deborah Rhode, a Stanford Law professor, told Bloomberg, “It’s not ‘technical’ when people attest under oath to knowledge they don’t have, and it doesn’t matter that in fact there isn’t actual error or discrepancy,” Rhode said. “Any court would take this very seriously.”