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Turn on Chris Hayes right fugging now - the banks have been stealing people's (Original Post) malaise Apr 2013 OP
You want to get away with Grand Larceny? baldguy Apr 2013 #1
Frightening malaise Apr 2013 #4
How to rob a bank? Own one. SharonAnn Apr 2013 #19
Watching now. n/t RebelOne Apr 2013 #2
More details here malaise Apr 2013 #3
"A total of $3.6 billion in cash will be distributed ..." From taxpayers' money, probably. AnotherMcIntosh Apr 2013 #10
None of it is taxpayer money. tridim Apr 2013 #11
Money is fungible. AnotherMcIntosh Apr 2013 #16
actually I don't think the losses in a lawsuit are deductible dsc Apr 2013 #22
If I understand you correctly, I believe that you are saying that (1) the amounts paid to the AnotherMcIntosh Apr 2013 #28
Those 1,082 military foreclosures were FELONIES, btw. dixiegrrrrl Apr 2013 #15
And it's not hard to check, there's a website. Shrike47 Apr 2013 #20
+1 dixiegrrrl. K&R GiveMeFreedom Apr 2013 #26
+1,000 malaise Apr 2013 #30
Yea mal. elleng Apr 2013 #5
Grand larceny indeed malaise Apr 2013 #6
Wouldnt it be nice if we had an Admin that would look out for us? nm rhett o rick Apr 2013 #7
that would be teh awesome... KG Apr 2013 #8
Yeah. It would be much better if we had the Romney admin. Honeycombe8 Apr 2013 #18
Neglect is neglect, no matter who is doing it. nt valerief Apr 2013 #21
There is a difference. One person is not the same as another. The ACA is better than no health care Honeycombe8 Apr 2013 #33
Kick! octoberlib Apr 2013 #9
Oh Boy!!! bvar22 Apr 2013 #12
Who cares? We've got some REAL liberalhistorian Apr 2013 #13
:sarcasm: is how yous does it. /nt TheMadMonk Apr 2013 #24
The settlement covers borrowers notadmblnd Apr 2013 #14
It's been through this world I've rambled deutsey Apr 2013 #17
Profound malaise Apr 2013 #31
Indeed! In_The_Wind Apr 2013 #34
Can someone in Mass. send this Senator Warren? Left Coast2020 Apr 2013 #23
They are lucky the citizens aren't armed to the teeth. alfredo Apr 2013 #25
No kidding. n/t GiveMeFreedom Apr 2013 #27
Malaise, yes, the foreclosures were wrongful and illegal and the actual number is far greater than 4 ms.smiler Apr 2013 #29
Thanks for this malaise Apr 2013 #32

malaise

(269,219 posts)
3. More details here
Tue Apr 9, 2013, 08:08 PM
Apr 2013
http://bostonherald.com/business/real_estate/2013/04/us_banks_to_send_checks_in_foreclosure_settlement
<snip>
The nation's largest banks will begin sending payments this week to millions of Americans who may have been wrongfully foreclosed on during the housing crisis.

A total of $3.6 billion in cash will be distributed to 4.2 million borrowers who lost their homes or were at risk of foreclosure, the Federal Reserve and the U.S. Comptroller of the Currency said Tuesday. Payments will range from $300 to $125,000. About 90 percent of borrowers whose mortgages were serviced by 11 of the banks will receive payments by the end of April, the agencies said.

The last group of payments is expected in mid-July.

A large share of those receiving payments, about 3 million borrowers, will each get only $300 or $400, according to data issued by the two agencies. Around 80 percent of them will receive $1,000 or less.

At the other end of the scale, $125,000 payments will go to 1,082 military personnel, who were foreclosed upon in violation of a law prohibiting foreclosures on active-duty service members, and to 53 borrowers who weren't in default on their mortgages but still lost their homes.

Generally homeowners who were wrongly denied a loan modification are entitled to relatively small payments. By contrast borrowers whose homes were deemed to be unfairly seized are eligible for the biggest payments.
---------------
People should be going to prison here not paying fines.

Spitzer coming up after Alexis Goldstein
 

AnotherMcIntosh

(11,064 posts)
16. Money is fungible.
Tue Apr 9, 2013, 09:11 PM
Apr 2013

If the banksters aren't using taxpayer money, it's not from lack of trying.

When you say that "None of it is taxpayer money," you do know, don't you, that they will deduct the payouts?

At the very least, the use of the deductions will result in the payouts being subsidized by U.S. taxpayers.

dsc

(52,169 posts)
22. actually I don't think the losses in a lawsuit are deductible
Tue Apr 9, 2013, 10:37 PM
Apr 2013

since the gains from one aren't taxable. In other words Smith sues Jones for 1k. Smith has paid the tax on the 1k since it was at one time income to Smith, but Jones doesn't pay taxes on the 1k.

 

AnotherMcIntosh

(11,064 posts)
28. If I understand you correctly, I believe that you are saying that (1) the amounts paid to the
Tue Apr 9, 2013, 11:57 PM
Apr 2013

homeowners or former homeowners is not taxable to them and (2) because the amounts paid to them are not taxable, then the banks cannot deduct the payments.

If that's not what you are saying, please just let me know.

In the meantime, I suggest that no one will find any Code provision, Regulation, or case-law to support a theory that the deduction of business expenses incurred to settle lawsuits are dependent upon whether the amounts are includible in the recipients' gross incomes. The issues in this type of situation are independent.

Whether the amounts are includible in the recipients' gross incomes depends upon a number of factors, including the theory or theories by which the money was sought. Not all recoveries are tax-free, although some are. Some recoveries can have both taxable and nontaxable components. Since you mentioned certain words (losses, gains, taxable), and since you referred to "Smith" and "Jones," I assume that you have a background in law and may even be an attorney. If true, you may also recognize that the determination of a nontaxable portion may depend upon each taxpayer's basis in the amount that they receive.

From time to time, the Congressional Research Service provides reports for Congress which address certain issues. One report entitled "Tax Issues in Litigation: Treatment of Judgment and Settlement Payments and Deductibility of Legal Expenses," which was updated in 2006, can be found here: http://congressionalresearch.com/RL32253/document.php

The report does not cover all issues on the subject, and it may or may not be the most current one. However, it is a professional and unbiased explanation of the law as understood by the CRS at the time that the report was written. Any research on the issue of deductibility should include an examination of IRC 162 and the related Regs. There are also special rules related to banks.

Honeycombe8

(37,648 posts)
33. There is a difference. One person is not the same as another. The ACA is better than no health care
Wed Apr 10, 2013, 07:40 AM
Apr 2013

reform. Millions of acres set aside for preservation is better than millions of acres turned into WalMart parking lots. A pay fairness bill for women is better than binders full of women. Pulling out of Afghanistan is better than doing a surge there. Proposing a chained CPI without protections for Social Security recipients is better than privatizing Social Security. Cuts to Medicare is better than privatizing it into a voucher system.

bvar22

(39,909 posts)
12. Oh Boy!!!
Tue Apr 9, 2013, 08:54 PM
Apr 2013

President Obama and Attorney general Eric Holder are going to jump right on THIS.
This is even too blatant for THEM to ignore.

At LONG Last, we are going to see RICH Bankers doing the Perp Walk for their crimes!




You will know them by their WORKS,
not by their excuses.
[font size=5 color=green]Solidarity99![/font][font size=2 color=green]
--------------------------------------------------------------------------------------------------------------------------------[/center]

liberalhistorian

(20,821 posts)
13. Who cares? We've got some REAL
Tue Apr 9, 2013, 09:01 PM
Apr 2013

criminals to go after, like people who buy snickers bars with their food stamps or people with disabilities scamming the system. Sheesh. Priorities, people, priorities!

(Can't find the sarcasm thingie, but really hope it wouldn't have been needed!!)

notadmblnd

(23,720 posts)
14. The settlement covers borrowers
Tue Apr 9, 2013, 09:07 PM
Apr 2013
whose homes were in any stage of the foreclosure process in 2009 or 2010. It ended an independent review of loan files that the two agencies ordered in 2011.

Banks and consumer advocates had complained that the loan-by-loan reviews were time-consuming and costly and didn't reach many affected borrowers. Some questioned the independence of the consultants who performed the reviews, who often ruled against borrowers.

Consumer advocates have criticized the deal, saying the regulators settled for too low a price by letting banks avoid full responsibility for wrongful foreclosures.

The other banks in the settlement are HSBC, MetLife Bank, PNC Financial Services, Sovereign, SunTrust, U.S. Bank, Aurora, Morgan Stanley and Goldman Sachs.

__

Borrowers can call Rust Consulting, the paying agent, at 1-888-952-9105 to update their contact information or verify that they are covered by the settlement.

http://bostonherald.com/business/real_estate/2013/04/us_banks_to_send_checks_in_foreclosure_settlement

deutsey

(20,166 posts)
17. It's been through this world I've rambled
Tue Apr 9, 2013, 10:00 PM
Apr 2013

I've seen lots of funny men
Some will rob you with a six-gun
And some with fountain pen

-Woody Guthrie

ms.smiler

(551 posts)
29. Malaise, yes, the foreclosures were wrongful and illegal and the actual number is far greater than 4
Wed Apr 10, 2013, 12:11 AM
Apr 2013

million.

This page contains the video of the All In with Chris Hayes segment:

http://stopforeclosurefraud.com/2013/04/09/foreclosure-settlement-a-nationwide-crime-scene-all-in-w-chris-hayes/

What many homeowners don’t realize though is that the very same problems, wrongdoing and illegal activity that is determined during and/or after foreclosure, is present nearly the entire time the homeowner is making mortgage payments.

MERS breaches the mortgage contract and clouds the property Title, as does mortgage securitization. MERS and the banksters prefer that homeowners ignore the damages owed to them and simply concentrate on making mortgage payments until the time when regardless of payment history, they are ready to steal the property.

It takes forged, invalid, robo-signed documents to simulate ownership of mortgage loans in foreclosure, the same as it would take at this very moment to simulate ownership of a mortgage that is duly paid.

If you are a homeowner, do you have any idea how many Assignments MERS has failed to file in your county land records? Do you have any idea how many gaps and breaks MERS created in your chain of Title? Under the laws of your state, do you know if your mortgage even remains valid?

Damages for wrongful foreclosure are generally about 3 times the value of the property. These homeowners will receive $500 to $125,000. These homeowners need to find counsel and sue.


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