Thu 2009-10-01 17:56 EDT

98489 -- Landmark National Bank v. Kesler -- Leben -- Kansas Court of Appeals

J. J. LEBEN

Landmark National Bank brought a suit to foreclose its mortgage against Boyd Kesler and joined Millennia Mortgage Corp. as a defendant because a second mortgage had been filed of record for a loan between Kesler and Millennia. In a foreclosure suit, it is normal practice to name as defendants all parties who may claim a lien against the property. When neither Kesler nor Millennia responded to the suit, the district court gave Landmark a default judgment, entered a journal entry foreclosing Landmark's mortgage, and ordered the property sold so that sale proceeds could be applied to pay Landmark's mortgage. But Millennia apparently had sold its mortgage to another party and no longer had interest in the property by this time. Sovereign Bank filed a motion to set aside the judgment and asserted that it now held the title to Kesler's obligation to pay the debt to Millennia. And another party, Mortgage Electronic Registration Systems, Inc. ("MERS"), also filed a motion to set aside the judgment and asserted that it held legal title to the mortgage, originally on behalf of Millennia and later on behalf of Sovereign. Both Sovereign and MERS claim that MERS was a necessary party to the foreclosure lawsuit and that the judgment must be set aside because MERS wasn't included on the foreclosure suit as a defendant. The district court refused to set aside its judgment. The court found that MERS was not a necessary party and that Sovereign had not sufficiently demonstrated its interest in the property to justify setting aside the foreclosure. ...The district court properly determined that MERS was not a contingently necessary party in Landmark's foreclosure action. The district court also was well within its discretion in denying motions from MERS and Sovereign to intervene after a foreclosure judgment had been entered and the foreclosed property had been sold. The judgment of the district court is affirmed.

98489; appealing; Kansas court; Kesler; Landmark National Bank; leben.

Thu 2009-10-01 10:14 EDT

Mortgage Electronic Registration Systems (MERS): A System Designed to Create the Mortgage Back Security Bubble. >> Dr. Housing Bubble Blog

Mortgage Electronic Registration Systems (MERS)...claims to be a privately-held company and their function is keeping track of a confidential electronic registry of mortgages and the modifications to servicing rights and ownership of the loans. However, if you dig deeper into MERS and their shareholders you will find the same crony bankers...shareholders include AIG, Fannie Mae, Freddie Mac, WaMu, CitiMortgage, Countrywide, GMAC, Guaranty Bank, and Merrill Lynch...MERS allowed for the mortgage backed security business to explode since it allowed mortgages to be shipped off to Wall Street to be minced into tiny tranches and sold off by the big investment banks...MERS is a front for the mortgage and banking industry. It is claimed as a system of convenience but in reality, it is nothing more than the grease to lube up the housing bubble...what is significant about the Kansas Supreme Court finding has to do with the actual legal ownership of the note and deed especially when it comes to foreclosure...MERS is a straw man...provides ``an opaque veil that clouds not only the actual real ownership of the promissory note, but title to the property.''

created; Dr. Housing Bubble Blog; MER; mortgage; mortgage Electronic Registration System; security bubble; Systems designed.

naked capitalism Tue 2009-09-22 11:32 EDT

Guest Post: If Credit is Not Created Out of Excess Reserves, What Does That Mean?

George Washington

We've all been taught that banks first build up deposits, and then extend credit and loan out their excess reserves. But critics of the current banking system claim that this is not true, and that the order is actually reversed...Steve Keen explained that 25 years of research shows that creation of debt by banks precedes creation of government money, and that debt money is created first and precedes creation of credit money...monetary reformers like Ellen Brown argue that the entire banking system is based upon a fraud. Specifically, she and other monetary reformers argue that the banks have intentionally spread the false reserves-and-credit first, loans-and-debt later story to confuse people into thinking that the banks are better capitalized than they really are and that the Federal Reserve is keeping better oversight than it really is...Monetary reformers argue that the government should take the power of money creation back from the private banks and the Federal Reserve system.

created; credit; excess reserves; Guest Post; meaning; naked capitalism.

Mish's Global Economic Trend Analysis Fri 2009-09-11 18:10 EDT

How Many Rabbits Are Left In The Hat?

Michael Shedlock

Dave Rosenberg observes simply awful employment details...65% of companies are still in the process of cutting their staff loads, manufacturing employment fell to its lowest level since April 1941, temp agency employment is still declining, flat workweek, and jobless claims stuck at 570,000 are all foreshadowing continued weakness in the labour market

hat; left; Mish's Global Economic Trend Analysis; rabbit.

Jesse's Café Américain Wed 2009-09-02 18:45 EDT

Russian Professor Panarin Sees US Following the Russian Collapse Model

Jesse

Professor Igor Panarin, whose book The Crash of America is just out, now claims that by November the book will be yesterdays news because the events described in it will have alrady come to pass.

Jesse's Café Américain; Russian Collapse Model; Russian Professor Panarin Sees.

Steve Keen's Debtwatch Sun 2009-08-30 20:48 EDT

Debtwatch No. 38: The GFC--Pothole or Mountain?

Cassander

``The Marxian view is that capitalistic economies are inherently unstable and that excessive accumulation of capital will lead to increasingly severe economic crises. Growth theory, which has proved to be empirically successful, says this is not true.'' wrote Economics Nobel Prize winner Edward C. Prescott. Prescott also claimed ``the Great Depression was a conscious choice by American workers to enjoy more leisure, in response to unspecified changes in the labour market'' Apparently debt played no role. The capitalistic economy is stable, and absent some change in technology or the rules of the economic game, the [...]

38; Debtwatch; GFC; Mountain; Potholes; Steve Keen's Debtwatch.

Thu 2009-07-30 00:00 EDT

Zero Hedge: The Exuberance Glut Or The Dollar-Euro Short Squeeze Race

-- David Roche ``the securitization of debt, and creation of derivatives amounted to a huge virtual printing press, primarily fueled by a massive increase in risk appetite which allowed for a huge expansion in the value of claims on financial assets and goods and services...the Fed has little to no control over this "printing press" at this point, which at last count was responsible for over 90% of the liquidity in the system''

Dollar-Euro Short Squeeze Race; Exuberance Glut; Zero Hedge.

Thu 2009-07-30 00:00 EDT

Mish's Global Economic Trend Analysis: Initial Unemployment Claims Jump; Continuing Claims Hit 6.5 Million, 15th Consecutive New Record

15th Consecutive New Record; 5; Continuing Claims Hit 6; Initial Unemployment Claims Jump; Mish's Global Economic Trend Analysis.

Fri 2009-05-08 00:00 EDT

Rebuttal To Mish: FRL - The Market Ticker

fractional reserve lending defended against claim of fraudulence; ``So long as the bank never lends out more unsecured than it has in excess capital, there has been no fraud. The instant the bank does so, it has committed fraud.'' ``Our failure is regulatory. It is against the law to commit fraud and yet we have refused to prosecute those who have claimed to be solvent when they are not. ''

FRL; Market Ticker; Mish; Rebuttal.

Tue 2009-04-21 00:00 EDT

On Speculation, Wall Street and Hedge Funds - The Market Ticker

``securitization is inherently a process of wealth-stripping'' ``the claim of "wealth creation" in any of this "financial product innovation" is a bald-faced lie.''

Hedge funds; Market Ticker; Speculators; Wall Street.

Tue 2009-04-21 00:00 EDT

naked capitalism: Guest Post: What Do Pensions Have in Common with AIG?

by Leo Kolivakis; ``Both were claiming to run a core business when in reality they were fueling a Ponzi scheme using "sophisticated instruments" or "alternative investments" that threaten the security of the global financial system''

AIG; common; Guest Post; naked capitalism; pension.

Wed 2009-02-11 00:00 EST

naked capitalism: China Claims 6.8% Economic Growth for 4Q 2008

4Q 2008; 8; China Claims 6; economic growth; naked capitalism.

Tue 2008-10-28 00:00 EDT

naked capitalism: DTCC Claims Lehman Credit Default Swap Worries Overblown, Net Payments Only $6 Billion

6; DTCC Claims Lehman Credit Default Swap Worries Overblown; naked capitalism; Net Payments.

Mon 2008-08-04 00:00 EDT

London Banker: What's up with the covered bond push?

"Whenever Henry Paulson at Treasury, Ben Bernanke at the Fed and Shiela Bair at FDIC agree on anything, American taxpayers should check for their wallets...When the troubled bank nonetheless fails, our golden circle creditors get the good collateral in an expedited release from FDIC under its new policy statement. The FDIC is left with all the toxic waste assets and liability for depositor insurance claims, with no prospect of recovery"

covered bond push; London Banker; s.

Fri 2008-05-02 00:00 EDT

Mish's Global Economic Trend Analysis: Demographics Of Jobless Claims

"Boomers will be competing with their children and grandchildren for jobs that in many cases do not pay living wages"

demographics; Jobless Claims; Mish's Global Economic Trend Analysis.

Sun 2007-07-01 00:00 EDT

SVB Asset Management - Investment Strategy Outlook

The Hedonic Wars, 2006-10-26; understating inflation; Bill Gross claims inflation understated; hedonic adjustments

Investment Strategy Outlook; SVB Asset Management.