Right now, all across this country, in courtrooms and in homes, servicing rights of millions of mortgages are being sold, given away or otherwise transferred…many millions of those transfers are being made by banks that were parties to the National Mortgage Settlement or the OCC settlement.

Now why are they transferring the mortgages at all? And why are they transferring the mortgages that were the subject of the National Mortgage Settlement Litigation? Why are they able to transfer mortgages that are subject of current foreclosure litigation?

Think about this for a moment…if Ford were being sued millions of times across the country with allegations of fraud, crimes against both people and state and federal governments…and if Ford settled those claims with a formal consent agreement….would Ford then be allowed to shrug their corporate sholders, give the middle finger to the millions of Americans that were suing them and say….


And yet, this is precisely what is happening all across this country…except that it is far worse.  We’re not just talking about cars and crimes and fraud….we’re talking about billions of dollars in crimes and theft and fraud committed against the federal government…and the people of this country.

And yet, even still, the banks were not just permitted to profit enormously from their crime spree….they continue on with their crime spree!

The crime spree continues because the government (corrupt as ever) allows it.  The crime spree continues because judges continue to excuse bank crimes (after all the homeowner didn’t pay their mortgage). The crime spree continues because the vast majority of defendants in foreclosure cases do not hire an attorney or fight back.

Now let’s be clear about what’s happening in trial courts.  In the vast majority of cases, consumers are not represented by attorneys so that issues of fraud and improprieties are not even before the trial court judge.  And while there is a fair amount of criticism to go around, it may in fact be procedurally improper for trial court judges to step in and defend consumers or make comment on such issues when the consumer does not fulfill their obligation to PROPERLY bring such issues before the court….


If homeowners cared enough to hire attorneys to fight their cases, the crime spree would come screeching to a halt!

One Comment

  • nkmccarter says:

    Matt, I am an avid reader of your blog. I’ve been hanging on to your every word for a while now. However, I am concerned that you have become trapped in some ivory tower.
    People like me (and the other 4.2 million that have been shafted) do not sit idly by and watch their world get destroyed. The simple truth is PEOPLE IN FORECLOSURE CANNOT AFFORD AN ATTORNEY!
    I am very happy that you are taking one case in your county pro bono. How many indigent cases exist in your county? Perhaps you could encourage your colleagues to join you in an effort to help people.
    I am 65 years old and I have lost everything to a bunch of crooks. I could not find an attorney in my state that would litigate my case,even though I had an experienced litigator say my case was winnable. I did not have a prayer as a Pro Se Litigant. Please, stop judging us until you know a little more about what it’s like to walk a block in our shoes.

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