Judge: Deutsche Bank does “crappy work” on US foreclosures

by David VIckrey
Published: Last Updated on 0 comment 4 views

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Yesterday two of America's largest motgage lenders (Chase and Ally Bank/GMAC)  announced that they were suspending home foreclosures due to sloppy documentation. Savvy homeowners with good legal counsel are getting the foreclosures thrown out in court:

Defense lawyers say the disclosures are symptomatic of the carelessness, if not outright fraud, that lenders have been exhibiting for years in their rush to file cases. Many necessary documents have disappeared, with defense lawyers saying the lenders often do not even have standing to foreclose.

Deutsche Bank, however, America's Foreclosure King, is pressing on in its efforts to evict tens of thousands Americans from their homes, even though the bank's awful documentation practices are being increasingly challenged in court.  One judge in Brooklyn is fed up with Deutsche Banks "crappy work":

Judge Schack — the scourge of numerous banks and poorly prepared attorneys — has thrown out dozens of foreclosure applications … I'm not the creator of this mess," he complained. The mess, he said, is in the recording and assignment of mortgage sales. Often people with physical control of a mortgage agreement come to his courtroom, he noted, but don't have clear title to the property.

"It's not my fault. I'm not the bank. Ask Chase Manhattan. Ask Deutsche Bank. Ask Bank of New York. Ask Wells Fargo. I don't know why they do crappy work," said the judge.

And not just in Brooklyn.  Across the US homeowners are crying foul over Deutsche Bank's substandard practices.  In Los Angeles a young student, Zenat Ali, dropped out of medical school to help her mother fight a foreclosure notice from Deutsche Bank:

In an order filed Tuesday, Los Angeles County Superior Court Judge R. Bruce Minto said the family had "shown a probability of success" in its claim that fouled-up paperwork invalidated the transfer of the mortgage in 2006 when it was sold in a bundle of loans that were used to create mortgage-backed securities.

If that's true, Deutsche Bank — the trustee for the pool of loans where the Ali mortgage wound up — might not have been legally entitled to foreclose on the Ali loan, as the big German bank did last December.

When Deutsche Bank does succeed in foreclosing and asssuming ownership of a proprety, it is often a terrible landlord

For 22 days earlier this year, Gilbert Aguilar lived without gas and electricity in his one-bedroom rental apartment here in East Oakland. The building went into foreclosure and the bank (Deutsche Bank) that took it over was his new landlord.

It comes as no surprise that foreclosures are exacting a terrible toll on the health of millions of Americans:

  • Almost one-third of tenants in foreclosed properties said they were living in sub-standard conditions with mold, pests and utility shut-offs.

• Rates of stress, depression and anxiety were twice as high for foreclosed residents as others.

• Nearly 90 percent of foreclosed residents were struggling to make ends meet. Many have to decide whether to pay for food, health care or utility bills.

• The foreclosure rate is twice as high among the unemployed as those working full-time or part-time.

 

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