Celebrating Labor Day!!

So, a soggy weekend is always a great excuse to drag out some classic movies.  Here are my choices for a great Labor Day Weekend.

Joe Hill (1971)

I first saw this in junior high school for an 8th grade field trip.  The Joan Baez song always plays in my head to this day when Labor Day comes around.

Norma Rae (1979)

A classic with Sally Fields!

The Grapes of Wrath (1940)

This is up on my list of best movies ever.  Henry Fonda is at his best in this film.

If you’re up to something a little bit less fictional, check out Studs Terkel’s Conversations with America.

Here’s a list from Berkeley to check if you need other movie and TV show suggestions with strong labor themes.

Here’s another list from Local 2209 in Roanoke, Indiana.  I chose a few that will give you some smiles!

BLUE COLLAR 1978 Richard Pryor.

MODERN TIMES Charlie Chaplin Humorous satirical look at technology’s effect on workers.

THE BIG ONE Michael Moore 1998

So, what’s up with you this labor day weekend?  Are you able to spend some time outdoors are is the weather keeping you indoors?


Is Obama’s Jobs Speech Just an Attempt to Distract Us From His Next Huge Sellout?

I came across a really provocative and perceptive post at HuffPo by Robert Prasch, an economics professor at Millbury college and author of the book How Markets Work: Supply, Demand, and “The Real World.” Prasch questions why Obama is giving a speech on jobs and unemployment now, since it has been clear from day one of his presidency that unemployment is a huge problem and since Obama and his closest advisers have shown no interest in doing anything about the problem other than periodically expressing “concern.” In Prasch’s words:

As a “rule of thumb,” it is a fair guess that the actual rate of unemployment is three-quarters again (1.75x) as high as the official or “headline” rate (BLS calculates a less-known data series called U-6 that validates this estimate). So, for example, with today’s official rate at 9.1%, it is reasonable to guess that 15.9% of the labor force is un- or under-employed (the U-6 number for August 2011 is 16.1%). This, then, is the context that best interprets the current “headline” rate of unemployment. It is, to put it mildly, a narrow definition that leaves out many people who we would usually consider unemployed. Contemplated alongside other numbers, it is evident that many American families are in desperate straights — and the situation is getting worse. Thirty percent of America mortgagees owe more on their home than its market value. As this percentage is continuing to rise, it is increasingly made up of “prime” borrowers. An amazing fifteen percent of all Americans are on foods stamps, including one-quarter of all children. This number is also rising. With so many families in such precarious condition, can anyone be surprised that wages are stagnating, unionization rates are declining, and the distribution of income is worsening?

This brings us to President Obama’s speech. Why now? After all, unemployment has been high since the day he took office. Actually, it rose initially and has remained high since. Early in his administration there was a half-hearted attempt to provide a “stimulus” to the economy, but the program was — even then — widely understood to be too small and too-heavily weighted toward tax cuts to be effective (For a criticism of tax cuts for the wealthy as an employment strategy see here). From the start it was evident that the administration’s core approach to the economy was to do whatever was necessary to support Wall Street’s largest and most irresponsible firms through thick and thin. The idea, if we can call it that, seems to have been that “trickle down” or the “invisible hand” would take care of the unemployed. So again, why now?

Prasch’s answer is both fascinating and maddening; and yet it makes a great deal of sense. He argues that the speech and any “jobs plan” along with any legislation that comes out of it, is designed to distract the media and the public while Obama and his real base–his donors–organize the passage of several free trade agreements that are strongly desired by the corporatocracy but despised by most Americans.

It is common knowledge that the White House plans to submit three completed “Free Trade” agreements to the Senate this September — South Korea, Colombia, and Panama. (As always, these treaties are primarily about guarantees and protections for financial and investment flows, restrictions on intellectual property, and related issues. But exploring their content will have to await another post.) With a remarkable sense of timing, the administration also plans to mark Labor Day 2011 by opening multi-party talks on a Trans-Pacific Free Trade Area. (Trade negotiators, lawyers, lobbyists, and hundreds of corporate honchos are invited to these talks — critical economists, civil society groups, and the public are not.) The President’s “voter base” is firmly opposed to these secretive and largely detrimental deals, as is the bulk of the American public. This opposition would most likely intensify if the public were fully briefed on their contents. Simultaneously, there is no question that the President’s “donor base” is highly enthusiastic about these deals — after all, they were in the room when the details were hammered out. Wall Street, the Chamber of Commerce, and the National Association of Manufacturers are beside themselves with excitement. The treaties promise extraordinary protection of financial and investment flows, innumerable exemptions from regulation, new and lucrative opportunities for off-shoring jobs, and political recognition and validation of the absence of labor protections and union rights that is a characteristic of most of these nations and regions. K-Street lobbyists can look forward to high fees and lavish banquets during and after the Senate vote. Big agricultural intermediaries look forward to crushing South Korean farmers with their heavily subsidized produce. This year, Colombia is on track to outperform its 2010 record of murdered unionists. If you’re a plutocrat or one of their paid representatives, what’s not to like?

My conjecture is that the forthcoming speech and any accompanying legislation was and is intended to provide political cover and a welcome distraction throughout the passage of these “Free Trade” treaties.

And, Prasch argues, any parts of the proposals that might actually help the unemployment problems will be stripped out by the Republicans, and Obama can claim that he really wanted to create jobs but the mean old Republicans wouldn’t allow it. The usual Obama apologists will defend the poor, put-upon president.

As I said this makes a lot of sense to me. And it makes me utterly livid. Obama is quickly becoming a laughing stock, but he doesn’t seem to care as long as he can please the ultra rich. I have to admit, I can’t understand how someone with such a huge ego can surrender his own dignity like this. But it’s happening. A child could see it at this point.


Don’t welcome the Neoconfederate Overlords

I used to be a Republican.  I registered as a Democrat when I moved to Louisiana 15 years ago. The Clinton Presidency was a beacon of hope for what I considered a party so co-opted by crazies that I couldn’t take it any more.  As some of you know, I ran for state office in Nebraska and was completely stalked and harassed by right to life true believers and looney bin church members.  I used to work for Republican candidates during my high school years.  I attended many state and county conventions. During the 80s there was a distinct change.  The conventions were packed with people recruited from church pews that were sent with directions on who to vote for and which principles to remove from the party platform. They removed the ERA and support for abortion rights with some of the most specious reasons I’d ever heard.  I really thought if I heard any one mention unisex bathrooms one more time that I was going to slap some one silly.

All I ever got for nearly everything I said was some absolutely insane diatribe that wasn’t grounded in reality let alone science or economics or sound principles of governance.  You can’t really debate any one who insists the earth is less than 10,000 years old and that scientists lie. The minute you run for office to start a policy discussion, you become labelled a politician and branded as part of the problem.  They hate you for your education and call you an elite.  You are screamed down for attending celebrations of women’s suffrage for ‘marching with lesbians in the street’ as if that was some kind of craven and criminal act.  I’ve seen rabid dogs with less crazed eyes than the looks I’ve seen on anti-choice zealots.  I completely understand why people always say they never knew they had a mass murderer burying bodies in yards right next to theirs.  They choose not to see what’s going on.  So many people avoid being truly awake.  No amount of evidence seems to wake people who really want to be uninformed.

I totally self-identify as an Independent now because I think it’s pretty obvious that both parties are only interested in self-sustenance and not the country.  I will not ever get involved with party politics again but I  occasionally will work for a candidate. The last campaign I volunteered for was Hillary Clinton’s campaign for the Democratic nomination.   I watch the new Republican party machinations with complete horror.  An article in TruthOut has brought back all my angst felt while I was trying to help wrest the party from religious and John Birch-style extremists in the 80s and 90s.  Its headline is this: “Goodbye to All That: Reflections of a GOP Operative Who Left the Cult”.  The author is Mike Lofgren who served as a Republican staffer–mostly in a budget analyst position for the House and Senate–for 30 years and has now quit.  You should read the article and be very afraid. It’s an insider’s guide to the rebirth of the confederacy where quoting the Bible justifies any form of slavery and violence as a state’s right.

To those millions of Americans who have finally begun paying attention to politics and watched with exasperation the tragicomedy of the debt ceiling extension, it may have come as a shock that the Republican Party is so full of lunatics. To be sure, the party, like any political party on earth, has always had its share of crackpots, like Robert K. Dornan or William E. Dannemeyer. But the crackpot outliers of two decades ago have become the vital center today: Steve King, Michele Bachman (now a leading presidential candidate as well), Paul Broun, Patrick McHenry, Virginia Foxx, Louie Gohmert, Allen West. The Congressional directory now reads like a casebook of lunacy.

It was this cast of characters and the pernicious ideas they represent that impelled me to end a nearly 30-year career as a professional staff member on Capitol Hill. A couple of months ago, I retired; but I could see as early as last November that the Republican Party would use the debt limit vote, an otherwise routine legislative procedure that has been used 87 times since the end of World War II, in order to concoct an entirely artificial fiscal crisis. Then, they would use that fiscal crisis to get what they wanted, by literally holding the US and global economies as hostages.

The debt ceiling extension is not the only example of this sort of political terrorism. Republicans were willing to lay off 4,000 Federal Aviation Administration (FAA) employees, 70,000 private construction workers and let FAA safety inspectors work without pay, in fact, forcing them to pay for their own work-related travel – how prudent is that? – in order to strong arm some union-busting provisions into the FAA reauthorization.

Everyone knows that in a hostage situation, the reckless and amoral actor has the negotiating upper hand over the cautious and responsible actor because the latter is actually concerned about the life of the hostage, while the former does not care. This fact, which ought to be obvious, has nevertheless caused confusion among the professional pundit class, which is mostly still stuck in the Bob Dole era in terms of its orientation. For instance, Ezra Klein wrote of his puzzlement over the fact that while House Republicans essentially won the debt ceiling fight, enough of them were sufficiently dissatisfied that they might still scuttle the deal. Of course they might – the attitude of many freshman Republicans to national default was “bring it on!”

It should have been evident to clear-eyed observers that the Republican Party is becoming less and less like a traditional political party in a representative democracy and becoming more like an apocalyptic cult, or one of the intensely ideological authoritarian parties of 20th century Europe. This trend has several implications, none of them pleasant.

He continues to write about how the media has not really awakened to the true nature of the party’s activists as well as a list of the current lunatic ideology that has captured the Republican political machinery.   I’ve often written about the way the press never seems to hold any one to account for lying.  They are complicit in the destruction of political discourse.  They refuse to call out obvious lies.

The media are also complicit in this phenomenon. Ever since the bifurcation of electronic media into a more or less respectable “hard news” segment and a rabidly ideological talk radio and cable TV political propaganda arm, the “respectable” media have been terrified of any criticism for perceived bias. Hence, they hew to the practice of false evenhandedness. Paul Krugman has skewered this tactic as being the “centrist cop-out.” “I joked long ago,” he says, “that if one party declared that the earth was flat, the headlines would read ‘Views Differ on Shape of Planet.'”

Lofgren cites a fairly recent article from The New Republic worth reading. Its’ written by John B Judis and titled ” If Obama Likes Lincoln So Much, He Should Start Acting Like Him”. 

Over the last four decades, the Republican Party has transformed from a loyal opposition into an insurrectionary party that flouts the law when it is in the majority and threatens disorder when it is the minority. It is the party of Watergate and Iran-Contra, but also of the government shutdown in 1995 and the impeachment trial of 1999. If there is an earlier American precedent for today’s Republican Party, it is the antebellum Southern Democrats of John Calhoun who threatened to nullify, or disregard, federal legislation they objected to, and who later led the fight to secede from the union over slavery.

Today, Republicans are threatening a government shutdown and an international monetary crisis over raising the debt ceiling. They have demanded a set of ruinous concessions as a condition for raising the ceiling. These conditions would include draconian budget cuts at a time when economic growth has virtually stalled—it grew a mere 0.9 percent the first half of this year—because of the exhaustion of the 2009-10 government stimulus. To gain Tea Party votes, House Speaker John Boehner set another condition for raising the debt ceiling again in six months: the passage by the House and Senate of a constitutional amendment to balance the budget. An amendment of this kind would make it impossible for the federal government to reverse economic downturns. The Republicans are, in effect, demanding a major constitutional change in return for not shutting down the government and undermining the American economy. That’s insurrectionary behavior.

I am not an expert on Lincoln, but I have a pretty good idea what he would say if he were to suddenly appear on the scene. He would reject the Republican majority’s attempt to blackmail the rest of the government and the nation. If, because of Republican intransigence, the Congress were unable to raise the debt ceiling by August 2nd, I suspect he would follow Bill Clinton’s advice and raise the debt ceiling unilaterally on the grounds of the fourteenth amendment, which says that “the validity of the public debt … shall not be questioned.” That’s certainly a risky move. If Obama were to do it, he could eventually face a hostile Supreme Court majority, just as Lincoln’s suspension of habeas corpus aroused the ire of Chief Justice Roger Taney in 1861. But, given the dangerous game that the Republican Party is playing, that’s a risk worth taking.

I am completely baffled by the inability of people that like Ron Paul to listen to him and not hear the same confederate language that framed the civil rights era.  He uses the same language I heard in the 60s and 70s when people in the south were trying to justify all their Jim Crow Laws and their monumental laws supporting voter disenfranchisement.  We’re seeing today’s Republican Governors pass legislation to restrict access to votes.  We’re seeing Republican Governors and legislation restrict access to a constitutionally protected medical procedure. Still, there seems to be a distinct lack of outrage by people who supposedly support limited government on these actions.  This is the same group of people that are now screaming about the size of federal debt while they were more than willing to spend incredible amounts of money on unnecessary military actions and items during the Reagan years and the Bush 43 years.  The hypocrisy is just maddening. The complicity of the press in presenting this insanity as simply another view point is virtually treasonous.

Back to Lofgren who demonstrates point-by-point that the Republican party is obsessed with protecting its rich constituents, promoting war and military industry, and has a religious bent now based on the view of the inevitability of apocalypse.   This alliance of neoconfederates, crony capitalists, religious fanatics, and war mongers has been 40 years in the making.

It is my view that the rise of politicized religious fundamentalism (which is a subset of the decline of rational problem solving in America) may have been the key ingredient of the takeover of the Republican Party. For politicized religion provides a substrate of beliefs that rationalizes – at least in the minds of followers – all three of the GOP’s main tenets.

Televangelists have long espoused the health-and-wealth/name-it-and-claim it gospel. If you are wealthy, it is a sign of God’s favor. If not, too bad! But don’t forget to tithe in any case. This rationale may explain why some economically downscale whites defend the prerogatives of billionaires.

The GOP’s fascination with war is also connected with the fundamentalist mindset. The Old Testament abounds in tales of slaughter – God ordering the killing of the Midianite male infants and enslavement of the balance of the population, the divinely-inspired genocide of the Canaanites, the slaying of various miscreants with the jawbone of an ass – and since American religious fundamentalist seem to prefer the Old Testament to the New (particularly that portion of the New Testament known as the Sermon on the Mount), it is but a short step to approving war as a divinely inspired mission. This sort of thinking has led, inexorably, to such phenomena as Jerry Falwell once writing that God is Pro-War.

It is the apocalyptic frame of reference of fundamentalists, their belief in an imminent Armageddon, that psychologically conditions them to steer this country into conflict, not only on foreign fields (some evangelicals thought Saddam was the Antichrist and therefore a suitable target for cruise missiles), but also in the realm of domestic political controversy. It is hardly surprising that the most adamant proponent of the view that there was no debt ceiling problem was Michele Bachmann, the darling of the fundamentalist right. What does it matter, anyway, if the country defaults? – we shall presently abide in the bosom of the Lord.

I frequently lament that not enough people really pay attention to candidates when they exercise their voting rights. However, unless you are willing to do your homework and embrace the idea that politicians may not be who they say they are, you will wind up as one of those low information voters that’s easy prey to the likes of Rick Perry. Back to Lofgren.

It is this broad and ever-widening gulf between the traditional Republicanism of an Eisenhower and the quasi-totalitarian cult of a Michele Bachmann that impelled my departure from Capitol Hill. It is not in my pragmatic nature to make a heroic gesture of self-immolation, or to make lurid revelations of personal martyrdom in the manner of David Brock. And I will leave a more detailed dissection of failed Republican economic policies to my fellow apostate Bruce Bartlett.

I left because I was appalled at the headlong rush of Republicans, like Gadarene swine, to embrace policies that are deeply damaging to this country’s future; and contemptuous of the feckless, craven incompetence of Democrats in their half-hearted attempts to stop them. And, in truth, I left as an act of rational self-interest. Having gutted private-sector pensions and health benefits as a result of their embrace of outsourcing, union busting and “shareholder value,” the GOP now thinks it is only fair that public-sector workers give up their pensions and benefits, too. Hence the intensification of the GOP’s decades-long campaign of scorn against government workers. Under the circumstances, it is simply safer to be a current retiree rather than a prospective one.

If you think Paul Ryan and his Ayn Rand-worshipping colleagues aren’t after your Social Security and Medicare, I am here to disabuse you of your naiveté. They will move heaven and earth to force through tax cuts that will so starve the government of revenue that they will be “forced” to make “hard choices” – and that doesn’t mean repealing those very same tax cuts, it means cutting the benefits for which you worked.

The lessons of the last year could not be clearer.  If you live in a state with a governor and a legislature sympathetic to these views, you’re watching the country descend into a locus of neoconfederate states where the state serves the plantation masters and the rest of us are slaves to ideology, servitude, debt and old tyme religion.  We are all share croppers now.   Take some time to think about this on a weekend that celebrates the struggles that our grandparents endured to bring us in to the modern age.  Think about this as we descend in to Civil-War era politics and mindsets. Also, be very aware that the absolute ineptitude and corruption of the Democratic party and their inability to stop this insanity is as treasonous as the ‘fair-minded’ press.  We the People need to do something quickly.


The Awakening

a little too late …  oh, and some of these folks deserve a swift kick for what they did a few years ago

Paul Krugman:

I’ve actually been avoiding thinking about the latest Obama cave-in, on ozone regulation; these repeated retreats are getting painful to watch. For what it’s worth, I think it’s bad politics. The Obama political people seem to think that their route to victory is to avoid doing anything that the GOP might attack — but the GOP will call Obama a socialist job-killer no matter what they do. Meanwhile, they just keep reinforcing the perception of mush from the wimp, of a president who doesn’t stand for anything.

Maureen Dowd:

Obama’s re-election chances depend on painting the Republicans as disrespectful. So why would the White House act disrespectful by scheduling a speech to a joint session of Congress at the exact time when the Republicans already had a debate planned?

And why is the White House so cocky about Obama as a TV draw against quick-draw Rick Perry? As James Carville acerbically noted, given a choice between watching an Obama speech and a G.O.P. debate, “I’d watch the debate, and I’m not even a Republican.”

The White House caved, of course, and moved to Thursday, because there’s nothing the Republicans say that he won’t eagerly meet halfway.

No. 2 on David Letterman’s Top Ten List of the president’s plans for Labor Day: “Pretty much whatever the Republicans tell him he can do.”

On MSNBC, the anchors were wistfully listening to old F.D.R. speeches, wishing that this president had some of that fight. But Obama can’t turn into F.D.R. for the campaign because he aspires to the class that F.D.R. was a traitor to; and he can’t turn into Harry Truman because he lacks the common touch. He has an acquired elitism.

MSNBC’s Matt Miller offered “a public service” to journalists talking about Obama — a list of synonyms for cave: “Buckle, fold, concede, bend, defer, submit, give in, knuckle under, kowtow, surrender, yield, comply, capitulate.”

And it wasn’t exactly Morning in America when Obama sent out a mass e-mail to supporters Wednesday under the heading “Frustrated.”

It unfortunately echoed a November 2010 parody in The Onion with the headline, “Frustrated Obama Sends Nation Rambling 75,000-Word E-Mail.”

Kevin Drum:

Barack Obama has pretty much caved in to the Republican contention that budget deficits are the biggest problem our economy faces. He’s pretty much caved in to the Republican contention that higher taxes are bad for the economy. And he’s pretty much caved in to the Republican contention that nothing big can done to improve the unemployment picture.

So what’s his next cave-in on the economy? Apparently this. I guess regulatory uncertainty is what’s holding us back after all. So much for the agenda-setting power of the presidency.

Open thread … have at it!!!

(Here’s some info on Chris Britt who penned this great political Cartoon.)


Will the Banksters Finally Pay?

Federal regulators have finally decided to go after seventeen  big banks for bad mortgage lending practices.  In question are $200 billion in toxic mortgages sold to now bankrupt Fannie and Freddie.  The Federal Housing Finance Agency (FHFA) is the regulator suing BOA, JP Morgan, Morgan Stanley, Goldman Sachs and others. You may recall I wrote on a FED investigation last month.  This comes way too late to help many people who were put into loans they couldn’t possibly handle who were later evicted, but it may give these folks standing in future court suits to recoups some of their losses.  Financial sector-related equities and bonds lost in what was a dismal Friday market already given the unemployment figures.

The litigation represents a more intense effort by the federal government to go after the financial services industry for its supposed mortgage failures.

Indeed, the cases were brought on the basis of 64 subpoenas issued a year ago, giving the government an edge in its investigation that private investors suing the banks lack.

The Obama administration as well as regulators like the Federal Reserve have been criticized for going too easy on the banks, which benefited from a $700 billion bailout package shortly after the collapse of Lehman Brothers in the autumn 2008.

Much of that money has been repaid by the banks — but the rescue of the mortgage giants Fannie and Freddie has already cost taxpayers $153 billion, and the federal government estimates the effort could cost $363 billion through 2013.

Even though the banks already face high legal bills from actions brought by other plaintiffs, including private investors, the suits filed Friday could cost the banks far more. In the case against Bank of America, for example, the suit claims that Fannie and Freddie bought more than $57 billion worth of risky mortgage securities from the bank and two companies it also acquired, Merrill Lynch and Countrywide Financial.

In addition to suing the companies, the complaints also identified individuals at many institutions responsible for the machinery of turning subprime mortgages into securities that somehow earned a AAA grade from the rating agencies.

The filing did not cite a figure for the total losses the government wanted to recover, but in a similar case brought in July against UBS, the F.H.F.A. is trying to recover $900 million in losses on $4.5 billion in securities. A similar 20 percent claim against Bank of America could equal a $10 billion hit.

In a suit that identifies 23 securities that Bank of America sold for $6 billion, the company “caused hundreds of millions of dollars in damages to Fannie Mae and Freddie Mac in an amount to be determined at trial.”

The most interesting thing about these new lawsuits is that it is obvious that some of the most egregious practices like backdating  and robosigning are still being practiced even as these banks are making tons of fees from foreclosure. It’s hard to sympathize with an industry unable to correct it’s own bad practices.  This is especially true since so much tax payer money has gone to stabilize the results of these practices already.  This is from the American Banker and it’s damning.

Some of the largest mortgage servicers are still fabricating documents that should have been signed years ago and submitting them as evidence to foreclose on homeowners.

The practice continues nearly a year after the companies were caught cutting corners in the robo-signing scandal and about six months after the industry began negotiating a settlement with state attorneys general investigating loan-servicing abuses.

Several dozen documents reviewed by American Banker show that as recently as August some of the largest U.S. banks, including Bank of America Corp., Wells Fargo & Co., Ally Financial Inc., and OneWest Financial Inc., were essentially backdating paperwork necessary to support their right to foreclose.

Some of documents reviewed by American Banker included signatures by current bank employees claiming to represent lenders that no longer exist.

Many banks are missing the original papers from when they securitized the mortgages, in some cases as long ago as 2005 and 2006, according to plaintiffs’ lawyers. They and some industry members say the related mortgage assignments, showing transfers from one lender to another, should have been completed and filed with document custodians at the time of transfer.

“It’s one thing to not have the documents you’re supposed to have even though you told investors and the SEC you had them,” says Lynn E. Szymoniak, a plaintiff’s lawyer in West Palm Beach, Fla. “But they’re making up new documents.”

The banks argue that creating such documents is a routine business practice that simply “memorializes” actions that should have occurred years before. Some courts have endorsed that view, but others, such as the Massachusetts Supreme Judicial Court, have found that this amounts to a lack of sufficient evidence and renders foreclosures invalid.

Yves Smith at Naked Capitalism has been following this issue closely and continues to have harsh words for banks and banker apologists.

It’s disturbing at this juncture that Felix Salmon more or less falls in with the bogus bank party line on “memorializing” (he finesses it by saying they need to do it “transparently”). I suggest he try talking to an attorney who is expert in securitizations and does not have opinion letter liability on this matter. The contracts that governed these deals were immutable and set forth in precise detail the steps various parties to the deal were required to perform. That included strict cutoff dates for getting the properly prepared notes and mortgages to the securitization trusts. Long-standing precedents for New York trusts (virtually all RMBS trusts are New York trust) call for delivery to the trust to be as perfect as possible. Since all securitization through at least the late 1990s did deliver all the notes and mortgages to the trusts as stipulated, there is no excuse for later changes in practice (as in if the parties wanted to simplify procedures for reasons of cost or convenience, they needed to change the governing agreements to reflect that).

Put it another way: what about the Statute of Frauds don’t you understand? And while some judges have sided with banks, the robosigning scandal and greater media coverage of mortgage abuses has led many jurists to be much less bank friendly than they were a mere year ago. The trend is moving decisively against, not for, the banks.

The American Banker article, disappointingly, fails to discuss what these continued abuses mean. As we have stressed in repeated past posts, the failure to get the notes to the securitization trusts by the cutoff date is not fixable by any legitimate means. Do you think banks and law firms would continue to fabricate documents, particularly in the wake of so much harsh media and Congressional scrutiny, if they had any other way out?

The failure to get the notes to the securitization trust correctly does NOT mean that no one has the right to foreclose. It does mean that the party that can foreclose is someone earlier in the securitization chain who was paid for the note but in effect, no one bothered to collect it from him. No one wants that party to foreclose because, first, it would prove that the securitization did not have the note and investors were misled, and second, there is no way to get the proceeds into the trust for the benefit of the investors.

The FHFA actions against the banks rush to originate loans to package and dump is based in lack of due diligence which is central to the role of any lending institution. I’ve written a lot about this having been straight out of grad school and part of the secondary mortgage process back in the 1980s when the S&L crisis exploded.  My huge S&L was desperate to grab fee income any way it could to stay afloat.  Practices this time were based on giving people bonuses just to give high numbers.  That’s always a disaster policy from a quality stand point.

Buried in the filings themselves, however, is a damning portrait of the excesses of the housing bubble, when borrowers were able to obtain home loans without basic proof of income or creditworthiness, and banks appeared only too happy to mine profits taking the risky loans and assembling them into securities that could be sold to investors.

In the complaint against Goldman Sachs, for example, the suit says that “Goldman was not content to simply let poor loans pass into its securitizations.” In addition, the giant investment bank “took the fraud further, affirmatively seeking to profit from this knowledge.”

When an outside analytics firm, Clayton, identified potential problems in the underlying mortgages Goldman was turning into securities, the suit said, “Goldman simply ignored and did not disclose the red flags revealed by Clayton’s review.” Goldman Sachs declined to comment, as did JPMorgan Chase, Morgan Stanley, Credit Suisse and Citigroup.

Similar behavior in terms of warnings provided by Clayton transpired at Bank of America, Citigroup, Deutsche Bank, RBS and UBS, according to the complaints.

My hope is that this leads to some policy to compensate homeowners taken in by these schemes but I’m not holding my breath.  Speculators and gamblers should not be rewarded for causing homeless and lost wealth for honest people looking to live the American Dream.  My worry is that Timothy Geithner’s presence as Treasury Secretary will force policy that continues to prop up the wrong people. This entire spectacle is another example of the opposites reality we know seem to inhabit.  In this version of “It’s a wonderful life”, the cautionary tale is the ending.