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mortgage crisis and the law



John
3/26/2008 7:15:09 AM


It seems to me that the lenders must have broken laws,
more than just ethics, in loaning money to those that they
knew could not pay the loan back. I hear story after story
about the lenders even helping the victims falsify or
simply falsifying their incomes or circumstances so they
could get the mortgages at all. Knowing full well that
they would most likely default. In the medical world
this would at a minimum be called malpractice, which is
legally actionable.
So why don't we hear about foreclosed home owners singling out
companies, or even the individuals who did this for law suits?
I'd like to see those individuals go to jail. And juries
all across America would no doubt agree. Corporations and
individuals can't be protected when they break laws, or
can they? It sure sounds like a bunch of lawyers could get
together on class action lawsuits on this. (and I suppose
they'd get richer and the homeowner would get $600 :-( ).
If there wasn't proper oversight as it was happening, there
should be oversight and accountability now. Accountability
to the unfortunate homeowner. All I see is the bail out
of the perpetrators of the criminal act in the first place.
The lesson we learn over and over is that big business
is immune to the law and immune to ethics and immune
to accountability, and rewarded for illegal activities.
And if they can escape prosecution for this, I think there
should be web sites that post the facts, including company
names, persons involved, and dates, etc. of people who
did this to borrowers. As long as only the truth is posted,
that surely would be legal. And some accountability could
be had by potential borrowers scanning these web sites
to find names and companies they might not want to use.
Or has this been done?
[Let me say that the only skin I have in this game is
the dropping value of my stock portfolio. But that is
enough! But if it did happen to me, I'd try every way
possible to put as much of their skin in the game
as I could!]
John
 
 
sethb@panix.com (Seth)
3/28/2008 7:21:00 AM


In article <mrbku3t3urn8i84hm2nuk5kk5opahu8e68@4ax.com>,
John <jhy001@earthlink.net> wrote:
So why don't we hear about foreclosed home owners singling out
companies, or even the individuals who did this for law suits?
Probably because the loan contracts they signed would allow estoppel
as a sufficient defense.
I'd like to see those individuals go to jail.
The ones who committed (or aided and abetted) fraud should. Not all
did; there were plenty of sub-prime loans that just didn't ask about
the borrower's income.
Additionally, what are the damages to somebody who shouldn't have been
able to buy a house and now doesn't have one?
If there wasn't proper oversight as it was happening, there
should be oversight and accountability now. Accountability
to the unfortunate homeowner.
You mean, the person who can't afford the house?
All I see is the bail out
of the perpetrators of the criminal act in the first place.
Most of them are long gone from that industry. It's the investors
(suckers) who bought the mortgages, and the companies that securitized
them, who are in trouble.
And if they can escape prosecution for this, I think there
should be web sites that post the facts, including company
names, persons involved, and dates, etc. of people who
did this to borrowers.
Feel free to start one. Web sites are quite inexpensive.
[Let me say that the only skin I have in this game is
the dropping value of my stock portfolio.
I saw it coming a year ago (after being told about it a lot) and made
money on puts.
Seth
 
 
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