They Call This a Paperwork Problem

(Via ProPublica)

While it may be true that (as the NPR news helpfully informed me the other day) Courts are holding up the foreclosure process - they're only holding it up because they're encountering this kind of crap:

GMAC, one of the nation's largest mortgage servicers, faced a quandary last summer. It wanted to foreclose on a New York City homeowner but lacked the crucial paperwork needed to seize the property.

GMAC has a standard solution to such problems, which arise frequently in the post-bubble economy. Its employees secure permission to create and sign documents in the name of companies that made the original loans. But this case was trickier because the lender, a notorious subprime company named Ameriquest, had gone out of business in 2007.

And so GMAC, which was bailed out by taxpayers in 2008, began looking for a way to craft a document that would pass legal muster, internal records obtained by ProPublica show.

"The problem is we do not have signing authority—are there any other options?" Jeffrey Stephan, the head of GMAC's "Document Execution" team, wrote to another employee and the law firm pursuing the foreclosure action. No solutions were offered.

Three months later, GMAC had an answer. It filed a document with New York City authorities that said the delinquent Ameriquest loan had been assigned to it "effective of" August 2005. The document was dated July 7, 2010, three years after Ameriquest had ceased to exist and was signed by Stephan, who was identified as a "Limited Signing Officer" for Ameriquest Mortgage Company. Soon after, GMAC filed for foreclosure.

An examination by ProPublica suggests this transaction was not unique. A review of court records in New York identified hundreds of similar assignment documents filed in the name of Ameriquest after 2008 by GMAC and other mortgage servicers.

In other words years after Ameriquest died a spectacularly public death - banks would like us to believe they are signing over loans to banks who just happen to need those very documents in ongoing foreclosure cases.

Also:If the banks cannot locate the proper documents - or convince the court to accept a "recreated" one - they'll just swear it was lost and try to foreclose anyway.

Because, really would a bank lie about something so serious?

Can we please get some coverage that calls the foreclosure mess what it truly is?