Thursday, October 29, 2009
Mortgage debt waived after bank can't find paperwork
Two weeks ago, a bankruptcy court in suburban New York did the formerly unthinkable: It waived a homeowner's mortgage debt after the bank trying to foreclose on the home couldn't submit any proof that it actually had a claim on the property. According to the New York Times, when lender PHH Mortgage was asked to provide proof that it actually held the deed for the $461,263 mortgage, it couldn't give the judge any records. Operating on the entirely reasonable principal that someone who claims to possess a piece of paper that gives them ownership to a nearly half-million dollar house should actually have that piece of paper, the judge slapped a stiff and possibly game-changing punishment on the disorganized lender. Real estate experts say this is a more common occurrence than many people realize, and the potential implications are huge. During the go-go mortgage boom years, millions of loans were bundled into financial instruments called securities and sold to investors. They, in turn, often turned around and sold those securities to other investors. Making money hand over fist was the priority; keeping good records of who actually owned which mortgage wasn't. The shambles that many banks' mortgage records are in today could cost them big -- and keep potentially thousands upon thousands of people from losing their homes. The idea that banks should have to prove that they actually own the mortgage that gives them the right to foreclose if the homeowner falls behind on their payments isn't new. A group called Consumer Warning Network has been advocating for homeowners who feel railroaded into foreclosure by the lending industry by advising them to ask the lender to "produce the note" in court during foreclosure proceedings. Good Morning America covered this tactic last spring. At the time, though, the advice was just intended to help beleageured homeowners buy some time to get their mortgage modified or find another way to come up with the money they owed. It was assumed that the banks had the proof of their claim buried in a filing cabinet somewhere. Now, though, it's clear that some lenders don't have proof that they have the right to foreclose on a home, and at least one judge has put his foot down and refused to let the lender take the home without that proof. It's a small step so far, but it's one that could have far-reaching implications because of the large number of mortgages that were repackaged and resold many times over earlier this decade. Of course, if a homeowner is in foreclosure, he or she will still lose the house if the bank has all the proper documentation. But if the bank can't produce the documentation, it's comforting to think that a judge won't let them put a family on the street just on that lender's say-so that they have the proof... somewhere.
What NOT to Use On a Job Hunt: A Gun
I don't know what is more shocking on this story. I used to live in Haverstraw, NY and yes the town is filled with some very interesting personalities to tell the truth but this just takes the cake. In these times, people use a lot crazy tactics to try to get a job, and some actually work. Brandishing a gun, however, is not one of them.
According to LoHud.com, a man took the term "Job Hunt" a little too literally. He walked into a Taco Bell in Haverstraw, NY on Monday afternoon, pulled out a gun, demanded money, then continued on to the manager's office.
This time, instead of pointing his gun, he asked the manager for an employment application.
Although the manager did not witness the attempted holdup, he told the suspect no and asked him to leave the restaurant.
The man left -- without the money or the job. Funny thing is I used to live right up the hill from the Taco Bell and used to sneak out late at night and go out my back yard and down the small sloping hill to the Taco Bell and stand at the order box and then walk up along the drive thru and pick up my order. LOL Oh, good times, good times.... and good to see that they are still there!
15 Signs Your Workplace is Dysfunctional
Does your job drive you crazy? Do you sometimes wonder if you are the only sane person in working there? Is your workplace dysfunctional, or is it you? Here's how to find out"
Sign No. 1: Conspicuously posted vision or value statements are filled with vague but important-sounding words like "excellence" and "quality"
These words are seldom defined and the concepts they allude to are never measured.
Sign No. 2: Bringing up a problem is considered more as evidence of a personality defect rather than as an actual observation of reality
In a dysfunctional company, what it looks like is not only more important than what it is, it is what it is. If you don't believe that, you are the problem. A surprising amount of information is classified. Dysfunctional companies have more state secrets than the CIA. Anything that might embarrass the boss turns out to be a national security issue.
Sign No. 3: If by chance there are problems, the usual solution is a motivational seminar
Attitude is everything, especially in places where facts are embarrassing or inconvenient. In a dysfunctional family, there's an elephant -- usually a drunken abusive parent -- in the parlor, but no one ever mentions him. To appear sane, you have to pretend that the elephant is invisible, and that drives you crazy. Businesses are full of invisible elephants, too. Usually they are things that might cause difficulties for people with enough clout to prevent their discussion. The emperor may be naked, but if you have a good attitude, you won't mention it.
Sign No. 4: Double messages are delivered with a straight face
Quality and quantity are both job one. You can do it both cheaper and better, just don't ask how. If you're motivated enough you should know already.
Sign No. 5: History is regularly edited to make executive decisions more correct, and correct decisions more executive than they actually were
Those huge salaries require some justification.
Sign No. 6: People are discouraged from putting things in writing
What is written, especially financial records, is purposely confusing. You can never tell when you might need a little deniability.
Sign No. 7: Directions are ambiguous and often vaguely threatening
Before you respond to a vague threat, remember this: Virtually every corporate scandal begins with someone saying, "Do it; I don't care how." That person is seldom the one who gets indicted.
Sign No. 8: Internal competition is encouraged and rewarded
The word "teamwork" may be batted around like a softball at a company picnic, but in a dysfunctional company the star players are the only ones who get recognition and big bucks.
Sign No. 9: Decisions are made at the highest level possible
Regardless of what it is, you have to check with your boss before doing it. She also has to check with her boss.
Sign No. 10: Delegating means telling somebody to do something, not giving them the power to do it
According to Webster's Dictionary, you delegate authority, not tasks. In dysfunctional companies you may have responsibility, but the authority lives in the office upstairs.
Sign No. 11: Management approaches from the latest bestseller are regularly misunderstood to mean what we're doing already is right on the mark
"Seven Habits of Highly Effective People," "Good to Great" and "Who Moved My Cheese?" all seem to boil down to, "quit griping and do more with less."
Sign No. 12: Resources are tightly controlled
Your department may need upgraded software, but there's been a spending freeze since 2006. Cost control is entry-level management, but in a dysfunctional company anything more sophisticated is considered too touchy-feely. Whatever you propose, the first question you will be asked is if it can be done cheaper.
Sign No. 13: You are expected to feel lucky to have a job and know you could lose it if you don't toe the line
Dysfunctional companies maintain control using the threat of punishment. Most will maintain that they also use positive rewards ... like your paycheck. A few people are actually fired, but most of those who go are driven to quit.
Sign No. 14: Rules are enforced based on who you are rather than what you do
In a dysfunctional company, there are clearly insiders and outsiders and everyone knows who belongs in each group. Accountability has different meanings depending on which group you're in.
Sign No. 15: The company fails the Dilbert Test
Dysfunctional organizations have no sense of humor. People who post unflattering cartoons risk joining the ranks of the disappeared. When an organization loses the ability to laugh at itself, it is headed for big trouble. If you'd get in trouble for printing this article and posting it on the bulletin board at work, maybe it's time to look for another job before this one drives you crazy.
Subscribe to:
Posts (Atom)