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HomeMy WebLinkAboutStaff Report 3.E 12/19/2011 • � L genda/Rte 4 #3 .E 0(4 t, CITY ®F PETALUMA 1 ;/ POST OFFICE,BOX.61 S 513 PETALUMA,CA 94953-0061 • David Glass Mayor December 19; 2011 Chris Albertson Teresa Barrett Mike Harris - Mike Healy Gabe Kearney Tiffany Renee Attorney General Kamala D. Harris Councilmemhers 1300 I Street, Suite 1740. Sacramento; CA 95814 Dear Attorney General Harris, On behalf of the City Council of the City of Petaluma, thank you for your recent action to form an alliance with Nevada to investigate mortgage fraud. The work of the Mortgage Fraud Strik&Force is critical to protecting,California homeowners and thus the future of our cities and counties. Nobel laureate and economist Paul Krugman City Manager's Office identified the mortgage crisis as "malign neglect" of politicians and government n English Street officials in creating a shadow banking system, the shortcomings of which are • Petaluma,CA 94952 crippling our ability to provide vital services:to our communities. For its part, the City Phone(707) 778-4345 of Petaluma does not wish to participate in this neglect, and is seeking restitution for Fax(707)778-4419 its negative impacts on our community. E-Mail g P Y comngr@ci.petalumaca.us The City of Petaluma and members of our community are working to protect and assist homeowners facing evictions. Our efforts and those of Representative Lynn Housing 78-455n Woolsey and Occupy Petaluma, to request acting Director Edward DeMarco of the Phone(707) 778-4555 y' PY Q c Fax(707)778-4586 Federal Housing Finance Agency to imposeamoratorium on foreclosure evictions E-Mail were rewarded with a short eriod of relief for stricken homeowners from December bgaebler(nci.petaluma.ca-us P 19, 2011 to January 2, 2012. There are a growing,number of allegations of mortgage • Human Resources Division fraud.becoming known through whistleblower exposure, however, and we are Phone(707)778-4534 concerned more people will lose their homes without having the ability to fight Fax(707)778-4539 wrongful evictions. • E-Marl 1�r. 'hwnanresources a7,, ci:pelatwnacans To protect homeowners from losing their homes to mortgage fraud, we ask the Attorney General's office work with the Governor, legislature and courts to Information Technology Division temporarily stay auction proceedings and suspend California Government Code Phone(707)778-4417 Fax(707)776-3623 26608, which requires County sheriffs to serve all process and notices related•to E-Mail it`ci.petahona cans foreclosures and evictions. • Risk Management Division Allegations exist that several national banks in California are engaged in the Phone(707) 776-3695 following unfair and deceptive trade practices in violation of California law: Fax(707) 776-3697 E-Mail risknrgt@ct.peialumctcaus • pervasive use of fraudulent documentation in the foreclosure process, including so-called'"robo-signing'; • foreclosing without holding the actual mortgage; EOUAL ROUSING OPPORTUNITY 1 • corrupting California land recording system through the use of Mortgage Electronic Registration Systems(MERS); and, • failing to uphold loan modification promises to California homeowners If these above allegations are true, we ask that when you proceed with a lawsuit, you seek damages on behalf of cities and counties that have lost property taxes due to the mortgage crisis, in addition to any damages that you may seek for homeowners who lost their homesbecause of deceptive shadow banking practices. Property tax revenues in Petaluma's General Fund are down 11 percent since 2007 and show a cumulative loss in excess of$800,000 from this source for the period..Property transfer tax losses for the same period show a-cumulative loss of nearly$200,000. We also request yourassistance in providing legal recourse for homeowners in California by seeking to enact judicial oversight in foreclosure proceedings. The City of Petaluma appreciates your leadership in protecting homeowners by expanding your investigation in partnership with Nevada, seeking fair settlements for those that have lost their homes due to alleged fraud, and implore you to work with the Governor, legislature, and courts to stop further evictions and auctions until these alleged fraudulent actions and victims of fraud can find legal options to protect them from losingtheir homes. Sincerely, David Glass Mayor of Petaluma cc: Lynn Woolsey, U.S. Representative Sonoma County Sheriff Steve Freitas 2