SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Strategies & Market Trends : Mish's Global Economic Trend Analysis -- Ignore unavailable to you. Want to Upgrade?


To: Hawkmoon who wrote (114036)10/7/2010 1:34:31 PM
From: John Metcalf1 Recommendation  Read Replies (1) | Respond to of 116555
 
That's right, Hawk. There are still features of contract and real estate law that must be settled under various State laws. Virtually every contract specifies the State law under which it will be construed.

Even if a State must accept a notarization, the dispossessed may still file a fraud charge against the notary in the originating State, if warranted. A robo-signer could still be liable for damages, loss of license, RICO violations, etc.

Somehow, the Beach Boys come to mind as we go "serfing":

There's an ocean of debt
Across the USA
From the sands of Orlando
To Cali-forn-i-a
People sleeping in boxes
Under the viaduct
Let's go serfing in Cuba
The USA is f'd!



To: Hawkmoon who wrote (114036)10/7/2010 3:44:53 PM
From: Yulya  Respond to of 116555
 
Obama Won't Sign Bill Affecting Foreclosures

By DAMIAN PALETTA

WASHINGTON—President Barack Obama won't sign into law an overlooked piece of legislation that critics say would make it easier for banks and others to process foreclosure proceedings without human signatures, a person familiar with the matter said.

Mr. Obama will send the bill back to Congress using a process known as a "pocket veto." It's his second pocket veto, but the first one designed to scotch a bill the White House opposes. In December, Mr. Obama declined to sign a spending bill the White House said was unnecessary because Congress had passed another.

His decision comes amid growing complaints from lawmakers that the administration and regulators haven't done enough to intervene in a scandal tied to thousands of foreclosures that critics argue were processed with improper documentation.

Ally Bank, Bank of America Corp. and J.P. Morgan Chase & Co. have halted foreclosures in 23 states in recent weeks to review how many documents tied to these foreclosures might have been filed improperly. A central issue is the practice of "robo" signing, when documents are signed quickly by computers or people who don't review the documents.

The bill in question, HR 3808, passed the Senate on Sept. 27 by unanimous consent. The House passed the bill by voice vote in April. Many bills that aren't considered controversial pass this way, with members of both parties essentially letting it move through Congress without debate.

The bill is called the Interstate Recognition of Notarizations Act of 2009, and it was authored by Rep. Robert Aderholt (R., Ala.). A spokesman for Mr. Aderholt didn't return a call for comment.

The bill was co-sponsored by Reps. Bruce Braley (D., Iowa), Michael Castle (R., Del.), and Artur Davis (D., Ala.).

The bill would require state and federal courts to "recognize any notarization made by a notary public" licensed in any state. This would include electronic signatures. The bill would have been a big win for businesses who complained it was too easy for people to challenge notarized documents in court when notaries were licensed in different states.

"This legislation will help businesses around the nation by eliminating the confusion which arises when states refuse to acknowledge the integrity of documents notarized out of state," Mr. Aderholt said when the bill passed the Senate. "This bill offers a common-sense solution to a problem that is more widespread than is generally recognized."

It is unclear how the bill might have affected the current foreclosure scandal, but liberal groups have insisted in recent days that Mr. Obama veto it. A spokesman for Mr. Aderholt said: "Contrary to some blogs and reports, there is absolutely no connection whatsoever between Congressman Aderholt's legislation and the recent foreclosure-documentation problems."

Ohio Secretary of State Jennifer Brunner said Tuesday if the bill became law it would make it harder for consumers to challenge foreclosures.

The bill raised difficult policy decisions for government officials. Some argue it should be easier for banks and others to process documents electronically to help reduce the backlog of foreclosures and help the housing market. But there have also been questions about the loan-servicing and foreclosure-processing industry, which is loosely regulated and now faces accusations of fraud.

Attorney General Eric Holder said Wednesday that the Financial Fraud Enforcement Task Force was looking at the issue, but it is unclear if prosecutors have opened a formal investigation into the matter.