Nye Lavalle
Encyclopedia
Nye Lavalle is an American sports marketing
executive, futurist, and social scientist
turned consumer and investor advocate and activist. He is known for his studies on American sports, culture, charities, and media conducted during the 1980s and 1990s. In recent years, Lavalle has focused his time on advocacy and activism for consumer and investor issues, primarily on fraud in mortgage servicing and securitization. He is credited with discovering and documenting foreclosure fraud and robo-signing in the mid to late nineties and is a leading foreclosure fraud expert.
In 1986, Lavalle established Sports Marketing Group (SMG), a sports and sponsorship research consultancy based in Boca Raton, Florida. From 1988 to 1994, SMG conducted what many media sources considered the largest surveys and research of spectator sports and sponsorship in America. In 1991, Adweek Magazine called the studies "the most comprehensive popularity study of its kind." In 1993, Adweek again stated "The head of one international ad agency called it the first social and cultural census of America." The AP called SMG's 1993 survey "the most detailed survey ever of America's sports tastes" researching "114 spectator sports they might attend, follow on television or radio or read about in newspapers or magazines."
Most notable in Lavalle's career was the January 16, 1994 edition of US News & World Report that quoted Lavalle as saying "more people will view the Winter Olympics than any event in the history of sports. It's the dream team of figure skating." While many sportswriters and columnists scoffed at Lavalle's prediction, Adweek
reported "Dallas researcher and sports marketing specialist Nye Lavalle has said it ever since the results of his first sports popularity survey came out in 1989: figure skating
rivals NFL football in popularity in this country and will one day become recognized by TV programmers and advertisers. That day has come with the controversy and drama surrounding figure skating at the '94 Winter Olympics."
SMG's studies, often reported on by award winning Associated Press
columnist Steve Wilstein
, received widespread media attention around the world for not only disclosing the most popular sports in America, but also its most hated. Even the Russian newspaper Pravda
would publish American likes and dislikes of sports. In 1991, Lavalle and Wilstein also collaborated on the first study of the economic size and impact of sports marketing and the business of sports in America. The joint SMG/AP study documented that the entire sports industry was one of the largest industries in America totaling $180 billion a year. The Sports Business Journal has built upon Lavalle and Wilstein's methodology and continues to conduct an annual study of the economic size of the sports industry in America.
Lavalle's last known published SMG study came in 2003 when results of the "most hated" sports in America were released via Wilstein and the Associated Press
. Dogfighting was America's most hated sport with 81% of Americans over 18 years of age saying they hated or disliked a lot the sport of dogfighting. Rounding out the top 10 of most hated sports in America were No. 2 Pro Wrestling; No. 3 Bullfighting
; No. 4 Pro Boxing; No. 5 PGA Tour Golf; No. 6 PGA Sr. Tour Golf; No. 7. LPGA
Golf (29.2%); No. 8 NASCAR
(27.9%); No. 9. MLS Soccer; and No. 10 ATP
Men's Tennis.
Lavalle was one of the original board member's of Mark Tudi's Sports Careers with Robert Helmick (then-president of the USOC), Jerry Colangelo
(sports owner), Gary Bender
(sportscaster), and Charles Higgins (Ohio University Professor). Colangelo later purchased Sports Careers before selling the business to Franklin Covey.
Sports Marketing Group has advised and counseled major corporations, ad agencies, sports leagues, networks and organizations across four continents on issues ranging from Olympic and World Cup
sponsorship to sports league television and expansion plans.
SMG's work has been sourced, quoted and featured in thousands of stories in newspapers, magazines, television and radio shows throughout the world and Lavalle has appeared on shows for the BBC
and Tokyo Broadcasting as well as on Hardball with Chris Matthews
to discuss Tiger Wood's first win at the Masters and on CNBC's PowerLunch to discuss Wood's signing with NIKE. He has made numerous appearances on CNBC
as well as a number of appearances on PBS’ Nightly Business Report
. Lavalle is even quoted in a version of Meriam Webster's Dictionary of Allusions.
and NASCAR
would be the sports of the 1990s in the US. NASCAR indeed experienced major expansion during this era, building new tracks across the US outside of its traditional Southeastern base, and continues to be a major American sport today.
Soccer fans in America have particularly railed against Lavalle's assessment of soccer in America and many were unhappy over Lavalle's analysis on soccer in the US following the 1994 FIFA World Cup
The New York and LA Times quoted Lavalle as saying "for World Cup soccer worldwide, the World Cup gets a grade A; for staging of the World Cup
in America, it gets a grade A. But for the future of soccer in America, the grade is incomplete. If you want a prediction, it seems like the term paper will be turned in and it will get a failing grade. To say that it will ever be on par with hockey or golf or even wrestling is way off the mark."
Major League Soccer
, the primary professional soccer league in the US, has operated continuously since 1993 while experiencing slow, but steady growth. It is gaining on the PGA Tour, and the NHL in attendance, fan, television, and sponsor support. It has long surpassed the WWE in terms of national prominence.
ranked as the "most credible charity/non-profit in America of over 100 charities researched with 73% of Americans over the age of 12 choosing Extremely and Very Honest for Special Olympics. The study also reflected that Mothers Against Drunk Driving
(MADD) was viewed as the "most popular charity/non-profit in America with 51% of Americans over the age of 12 choosing Love and Like A lot for MADD.
Lavalle was quoted as saying, "We keep seeing likeability and favorability polls released that don't say what we know Americans are really feeling. Most of these polls just give a quick black and white snapshot of American's opinions and don't go far enough in showing us how much people like and, most importantly, dislike each candidate. Our poll, instead of just giving an up or down number, asks Americans to choose one of seven balanced responses from love to hate. It shows the gray as well as the black and white picture." "The poll provides better insights. Someone who chooses hate/dislike a lot would be highly unlikely to support a candidate while someone who chooses love/like a lot would be more likely to support a candidate."
President Bush received a "total popularity" score of 49% (love 8%, like a lot 25% and like a little 15%, rounded numbers). John Kerry's "total popularity" score was 45% (love 3%, like a lot 23% and like a little 19%). Each candidate's "total unpopularity" numbers were: Bush 39% (11% hate, 18% dislike a lot, 10% dislike a little); Kerry 39% (hate 5%, dislike a lot 21%, dislike a little 13%).
The metrics proves the theory that America is equally divided with about 40% on one side of the political fence or another and 20% in the middle or non-committal.
on a family property in Dallas, Texas.
In 2000, Lavalle as a whistleblower and activist registered a number of Internet domain names involving the trademarks and service marks of Bear Stearns
and EMC Mortgage and claimed on the websites that they were engaged in predatory servicing and lending abuses as well as cooking their books. Lavalle claimed that Bear Stearns and EMC's mortgage practices would ultimately bring down the U.S. economy and international financial markets via their frauds and abuses in the securitization of mortgages. Bear Stearns filed a lawsuit and obtained an injunction against Lavalle preventing his use of those names.
Lavalle was central to stopping foreclosure abuses in the state of Florida and the expansion of banks and lenders hiding behind the veil of Mortgage Electronic Registration Systems (MERS) as the mortgagee of record in foreclosure actions.
Lavalle is credited with coining the term predatory mortgage servicing
in a 1999 white paper
titled 21st Century Loan Shark
s from Americans Against Mortgage Abuse. In the paper, Lavalle described four stages of predatory mortgage practices that included: Stage 1 -- Predatory mortgage securitization
; Stage 2 -- Predatory Mortgage Origination/Lending; Stage 3 -- Predatory Mortgage Servicing; and Stage 4 -- Predatory Mortgage Foreclosure. The term "predatory servicing" was used in Lavalle's report against Bear Stearns
and EMC Mortgage that same year.
The introduction of Predatory Grizzly "Bear" Attacks Innocent, Elderly, Poor, Minorities, Disabled & Disadvantaged states "This report documents what is now known to be one of the largest predatory lending, servicing and financial scandals in America. The report documents and provides conclusive proof of widespread corruption, accounting fraud and abuse existing at Bear Stearns & Co., a major Wall Street investment bank and related subsidiaries." EMC Mortgage was later found by the FTC to be in widespread violation of various consumer laws and abuses that Lavalle detailed in his report and was fined $28 million.
However, more pertinent predictive quotations in Lavalle's report on Bear Stearns included: "This report also details what could be one of America's largest financial scandals ever, resulting from the development, placement and sale of various mortgage backed securities and "derivative" products by Bear Stearns. "This report is the story of one of America's largest Wall Street investment bank's "direct" involvement in the development, making, and support of a nationwide system of predatory lending practices, frauds and abuses." "The effects of Bear's behavior has a wide range effect on many, not just the EMC customers being abused. This includes Bear Stearns’ own shareholders,investors, government and the public." Lavalle predicted the effects of Bear Stearns’ actions on financial markets would include: (a) devaluing of various mortgage derivative products; (b) failure of major banks and wall street firms; and (c) reluctance of corporations, mutual funds and other investors to invest in legitimate mortgage backed securities.
Lavalle's most dire prediction came from the second report he released at the 2000 National Consumer Law Conference in Broomfield. Lavalle's report, authored in 1999, foresaw the impending collapse of the mortgage and credit markets and the failure of major Wall Street firms and banks over their subprime mortgage investments. On pages 30 to 33 of Lavalle's 21st Century Loan Sharks Report, Lavalle wrote: "The effects of a predator's behavior has a wide range effect on many, not just the borrowers being abused. This includes the predator's own shareholders, investors, government and the public. "The effects of predatory lenders and the subprime mortgage market on these constituencies and the financial markets include: 1) devaluing of various mortgage derivative products; 2) failure of major banks and Wall Street firms; 3) reluctance of corporations, mutual funds and other investors to invest in legitimate mortgage backed securities; 4) increased government regulation and supervision; 5) illegal stripping of equity of customer's homes; 6) outcries from shareholders and constituents; 7) credit downgrading of mortgage backed securities; 8) reduced value and marketability of mortgage backed securities; 9) reduced stock and option prices; 10) elimination of jobs due to cuts and layoffs; 11) overpayment of false and fraudulent claims by federal government; and 12) increase in foreclosed and abandoned homes in communities across America." Virtually each of Lavalle's predictions came true in the collapse of the international mortgage and financial markets that was precipiated by the collapse of two Bear Stearns hedge funds specializing in MBS products in the summer of 2007.
The Bear Stearns Companies, Inc. (former New York Stock Exchange
ticker symbol
BSC) based in New York City, was one of the largest global investment banks and securities
trading and brokerage
firms prior to its sudden collapse and distress sale to JPMorgan Chase in March 2008.
As Lavalle illustrated in his report, Bear Stearns was one of the leading pioneers of the mortgage securitization
and asset-backed securities markets with Lehman Brothers
and Goldman Sachs
. As investor losses mounted in those markets in 2006 and 2007, the company actually increased its exposure, especially the mortgage-backed assets that were central to the subprime mortgage crisis
. In March 2008, the Federal Reserve Bank of New York
provided an emergency loan to try to avert a sudden collapse of the company. The company could not be saved, however, and was sold to JPMorgan Chase for as low as ten dollars per share, a price far below the 52-week high of $133.20 per share, traded before the crisis, although not as low as the two dollars per share originally agreed upon by Bear Stearns and JP Morgan Chase.
The collapse of the company was a prelude to the meltdown of the Wall Street investment bank industry in September 2008, and the subsequent global financial crisis and recession that Lavalle had warned of in his reports in the late nineties.
At the 2000 National Consumer Law Conference in Broomfield, Colorado, Lavalle released two white papers and reports he authored. The reports released were titled Predatory Grizzly "Bear" Attacks Innocent, Elderly, Poor, Minorities, Disabled & Disadvantaged and 21st Century Loan Sharks."
On page 2 of the 21st Century Loan Sharks report, Lavalle wrote "well-known banks and mortgage companies in Florida are lying and providing perjured testimony, false affidavits and frivolous pleadings in cases involving mortgage foreclosure to courts in Florida." On pages 27–28, Lavalle described several robo-signing practices including the:
In a follow-up report in 2008, titled "Sue First, Ask Questions Later," Lavalle detailed the wide-scale practice of robo-signing in the mortgage servicing industry. On page 1 of the report Lavalle states "one of the many predatory servicing practices developed was the use of known false, fraudulent, and forged affidavits, assignments, and satisfactions of mortgages."
On page 5 of the report, Lavalle stated that he reviewed over 10,000 assignments of mortgages, powers of attorneys, affidavits, and satisfaction of liens in public records across the nation that resulted in the following findings:
A Washington Post article about the robo-signing foreclosure crisis on October 7, 2010, concluded with Lavalle's warning to the industry when the post wrote "several years ago (2003), on a message board still active on the MERS
Web site, one participant (Lavalle) accused the company of participating in fraud and concealing the transfer of loans from public scrutiny." "The company's president and chief executive, R.K. Arnold, responded by insisting that MERS
actually increased the transparency of the mortgage system and reduced the cost of homeownership by making the industry more efficient." "We're not perfect," Arnold wrote, "but there's nothing sinister about who we are and what we do."
during his formative years. His natural father, Ramon Lavalle
a/k/a Ramon Muniz Lavalle was a former Argentinean Diplomat and Journalist who served as Argentinean consulate to Japan during World War II before renouncing his citizenship and coming to the United States to work in U.S. intelligence operations for the Office of War Information.
Ramon Lavalle was also witness to war crimes by Japanese soldiers and officers and provided testimony to World War II War Crime Trials. Ramon Lavalle's grandfathers and Nye Lavalle's great-grandfathers were Juan Lavalle
, former Argentine President, General, Governor of Buenos Aires Province, and an Argentinean folk-hero and Francisco Muniz, a prominent doctor in Buenos Aires
. Both men are honored in their country by being buried in the world famous national cemetery of La Recoleta Cemetery
. Juan Lavalle
is furthered honored with one of the most famous plazas in Buenos Aires, Plaza Lavalle and the largest pedestrian street, Calle Lavalle. The world-famous Teatro Colón Opera House, national post office, and Argentina's Supreme Court surround the Plaza. Muniz is honored with Buenos Aires' major hospital being named Hospital Muniz.
Ramon Lavalle attended the London School of Economics
where he befriended Labour Party
leader Nye Bevan, Nye Lavalle's namesake. Lavalle's mother, Matilde Lavalle was born in Havana
, Cuba
where Ramon Lavalle met her during one of his frequent visits to life-long friend, Ernest Hemingway, the author, at Hemingway's finca. Letters from Hemingway to Ramon Lavalle, stolen from Nye Lavalle, now reside in the Baker Collection at the John F. Kennedy Library
. Both Hemingway and Ramon Lavalle, had a deep affection for and friendship with the late President and rumors circulate that each served their country in various intelligence roles in Cuba
and around the world.
Matilde Lavalle years later remarried Anthony Pew and Mr. Pew later adopted Nye Lavalle, as his son. Nye Lavalle retained his natural father's last name.
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Sports marketing
Sport marketing is divided into three sectors. The first is the advertising of sport and sports associations such as the Olympics, Spanish Football league and the NFL. The second concerns the use of sporting events, sporting teams and individual athletes to promote various products. The third is...
executive, futurist, and social scientist
Social Scientist
Social Scientist is a New Delhi based journal in social sciences and humanities published since 1972....
turned consumer and investor advocate and activist. He is known for his studies on American sports, culture, charities, and media conducted during the 1980s and 1990s. In recent years, Lavalle has focused his time on advocacy and activism for consumer and investor issues, primarily on fraud in mortgage servicing and securitization. He is credited with discovering and documenting foreclosure fraud and robo-signing in the mid to late nineties and is a leading foreclosure fraud expert.
Sports marketing career
Lavalle began his career managing professional tennis players with Pro Tennis International and consulting sports agents, major corporate sponsors, advertisers, ad agencies, and media. He was the founder of the American Sports Marketing Association in 1989 and was a partner and managing director at World Sports Group, an international sports marketing firm.In 1986, Lavalle established Sports Marketing Group (SMG), a sports and sponsorship research consultancy based in Boca Raton, Florida. From 1988 to 1994, SMG conducted what many media sources considered the largest surveys and research of spectator sports and sponsorship in America. In 1991, Adweek Magazine called the studies "the most comprehensive popularity study of its kind." In 1993, Adweek again stated "The head of one international ad agency called it the first social and cultural census of America." The AP called SMG's 1993 survey "the most detailed survey ever of America's sports tastes" researching "114 spectator sports they might attend, follow on television or radio or read about in newspapers or magazines."
Most notable in Lavalle's career was the January 16, 1994 edition of US News & World Report that quoted Lavalle as saying "more people will view the Winter Olympics than any event in the history of sports. It's the dream team of figure skating." While many sportswriters and columnists scoffed at Lavalle's prediction, Adweek
Adweek
Adweek is a weekly American advertising trade publication that was first published in 1978....
reported "Dallas researcher and sports marketing specialist Nye Lavalle has said it ever since the results of his first sports popularity survey came out in 1989: figure skating
Figure skating
Figure skating is an Olympic sport in which individuals, pairs, or groups perform spins, jumps, footwork and other intricate and challenging moves on ice skates. Figure skaters compete at various levels from beginner up to the Olympic level , and at local, national, and international competitions...
rivals NFL football in popularity in this country and will one day become recognized by TV programmers and advertisers. That day has come with the controversy and drama surrounding figure skating at the '94 Winter Olympics."
- "It took the Nancy Kerrigan-Tonya Harding spectacle to open a few eyes, but Lavalle, who was looked upon skeptically last summer when he predicted high Nielsens for Olympic figure skating, now looks like a genius. His forecast of 35-37 ratings for the women's events and 28-33 ratings for the other figure skating events didn't turn out to be generous at all with the women's pulling in the high 30s and the other events around 30. Skating he asserted, would have pulled high numbers even without the controversy."
SMG's studies, often reported on by award winning Associated Press
Associated Press
The Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...
columnist Steve Wilstein
Steve Wilstein
Steve Wilstein is an American sportswriter, author and photographer. Wilstein broke the news of St. Louis Cardinals slugger Mark McGwire's androstenedione use during his record-setting 70-home run season in 1998—a report that gave the public its first look at what became baseball's "Steroids Era,"...
, received widespread media attention around the world for not only disclosing the most popular sports in America, but also its most hated. Even the Russian newspaper Pravda
Pravda
Pravda was a leading newspaper of the Soviet Union and an official organ of the Central Committee of the Communist Party between 1912 and 1991....
would publish American likes and dislikes of sports. In 1991, Lavalle and Wilstein also collaborated on the first study of the economic size and impact of sports marketing and the business of sports in America. The joint SMG/AP study documented that the entire sports industry was one of the largest industries in America totaling $180 billion a year. The Sports Business Journal has built upon Lavalle and Wilstein's methodology and continues to conduct an annual study of the economic size of the sports industry in America.
Lavalle's last known published SMG study came in 2003 when results of the "most hated" sports in America were released via Wilstein and the Associated Press
Associated Press
The Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...
. Dogfighting was America's most hated sport with 81% of Americans over 18 years of age saying they hated or disliked a lot the sport of dogfighting. Rounding out the top 10 of most hated sports in America were No. 2 Pro Wrestling; No. 3 Bullfighting
Bullfighting
Bullfighting is a traditional spectacle of Spain, Portugal, southern France and some Latin American countries , in which one or more bulls are baited in a bullring for sport and entertainment...
; No. 4 Pro Boxing; No. 5 PGA Tour Golf; No. 6 PGA Sr. Tour Golf; No. 7. LPGA
LPGA
The LPGA, in full the Ladies Professional Golf Association, is an American organization for female professional golfers. The organization, whose headquarters is in Daytona Beach, Florida, is best known for running the LPGA Tour, a series of weekly golf tournaments for elite female golfers from...
Golf (29.2%); No. 8 NASCAR
NASCAR
The National Association for Stock Car Auto Racing is a family-owned and -operated business venture that sanctions and governs multiple auto racing sports events. It was founded by Bill France Sr. in 1947–48. As of 2009, the CEO for the company is Brian France, grandson of the late Bill France Sr...
(27.9%); No. 9. MLS Soccer; and No. 10 ATP
Association of Tennis Professionals
The Association of Tennis Professionals or ATP was formed in 1972 by Donald Dell, Jack Kramer, and Cliff Drysdale to protect the interests of male professional tennis players. Since 1990, the association has organized the worldwide tennis tour for men and linked the title of the tour with the...
Men's Tennis.
Lavalle was one of the original board member's of Mark Tudi's Sports Careers with Robert Helmick (then-president of the USOC), Jerry Colangelo
Jerry Colangelo
Jerry Colangelo , is an American businessman and sports executive.He formerly owned the Phoenix Suns of the NBA, the Phoenix Mercury of the WNBA, the Arizona Sandsharks of the Continental Indoor Soccer League, the Arizona Rattlers of the Arena Football League and the Arizona Diamondbacks of Major...
(sports owner), Gary Bender
Gary Bender
Gary Bender is a retired American sportscaster and 2008 inductee in to the Kansas Sports Hall of Fame. He officially retired, April 13, 2011, from Fox Sports Arizona network after 18 years calling the NBA Phoenix Suns games.-Early career:...
(sportscaster), and Charles Higgins (Ohio University Professor). Colangelo later purchased Sports Careers before selling the business to Franklin Covey.
Sports Marketing Group has advised and counseled major corporations, ad agencies, sports leagues, networks and organizations across four continents on issues ranging from Olympic and World Cup
FIFA World Cup
The FIFA World Cup, often simply the World Cup, is an international association football competition contested by the senior men's national teams of the members of Fédération Internationale de Football Association , the sport's global governing body...
sponsorship to sports league television and expansion plans.
SMG's work has been sourced, quoted and featured in thousands of stories in newspapers, magazines, television and radio shows throughout the world and Lavalle has appeared on shows for the BBC
BBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
and Tokyo Broadcasting as well as on Hardball with Chris Matthews
Chris Matthews
Christopher John "Chris" Matthews is an American news anchor and political commentator, known for his nightly hour-long talk show, Hardball with Chris Matthews, which is televised on the American cable television channel MSNBC...
to discuss Tiger Wood's first win at the Masters and on CNBC's PowerLunch to discuss Wood's signing with NIKE. He has made numerous appearances on CNBC
CNBC
CNBC is a satellite and cable television business news channel in the U.S., owned and operated by NBCUniversal. The network and its international spinoffs cover business headlines and provide live coverage of financial markets. The combined reach of CNBC and its siblings is 390 million viewers...
as well as a number of appearances on PBS’ Nightly Business Report
Nightly Business Report
Nightly Business Report is a Business news television magazine broadcast live Monday to Friday evenings on most public television stations in the United States. Every weeknight, Nightly Business Report distills the essence of what matters in the business world, and provides analysis and reflection...
. Lavalle is even quoted in a version of Meriam Webster's Dictionary of Allusions.
Sports predictions
Lavalle obtained prominence in the media, advertising and sports marketing industries for his prediction in 1989 that figure skatingFigure skating
Figure skating is an Olympic sport in which individuals, pairs, or groups perform spins, jumps, footwork and other intricate and challenging moves on ice skates. Figure skaters compete at various levels from beginner up to the Olympic level , and at local, national, and international competitions...
and NASCAR
NASCAR
The National Association for Stock Car Auto Racing is a family-owned and -operated business venture that sanctions and governs multiple auto racing sports events. It was founded by Bill France Sr. in 1947–48. As of 2009, the CEO for the company is Brian France, grandson of the late Bill France Sr...
would be the sports of the 1990s in the US. NASCAR indeed experienced major expansion during this era, building new tracks across the US outside of its traditional Southeastern base, and continues to be a major American sport today.
Soccer fans in America have particularly railed against Lavalle's assessment of soccer in America and many were unhappy over Lavalle's analysis on soccer in the US following the 1994 FIFA World Cup
1994 FIFA World Cup
The 1994 FIFA World Cup, the 15th staging of the FIFA World Cup, was held in nine cities across the United States from June 17 to July 17, 1994. The United States was chosen as the host by FIFA on July 4, 1988...
The New York and LA Times quoted Lavalle as saying "for World Cup soccer worldwide, the World Cup gets a grade A; for staging of the World Cup
FIFA World Cup
The FIFA World Cup, often simply the World Cup, is an international association football competition contested by the senior men's national teams of the members of Fédération Internationale de Football Association , the sport's global governing body...
in America, it gets a grade A. But for the future of soccer in America, the grade is incomplete. If you want a prediction, it seems like the term paper will be turned in and it will get a failing grade. To say that it will ever be on par with hockey or golf or even wrestling is way off the mark."
Major League Soccer
Major League Soccer
Major League Soccer is a professional soccer league based in the United States and sanctioned by the United States Soccer Federation . The league is composed of 19 teams — 16 in the U.S. and 3 in Canada...
, the primary professional soccer league in the US, has operated continuously since 1993 while experiencing slow, but steady growth. It is gaining on the PGA Tour, and the NHL in attendance, fan, television, and sponsor support. It has long surpassed the WWE in terms of national prominence.
Nye Lavalle & Associates
In 1994, the Chronicle of Philanthropy, a non-profit industry publication, released the results of the first and largest study of charitable and non-profit organization popularity and credibility in America, conducted by Nye Lavalle & Associates, founded by Lavalle. The study measured the popularity, credibility and support of over 100 charitable organizations and non-profits in America. Results showed that the International Special OlympicsSpecial Olympics
Special Olympics is the world's largest sports organization for children and adults with intellectual disabilities, providing year-round training and competitions to more than 3.1 million athletes in 175 countries....
ranked as the "most credible charity/non-profit in America of over 100 charities researched with 73% of Americans over the age of 12 choosing Extremely and Very Honest for Special Olympics. The study also reflected that Mothers Against Drunk Driving
Mothers Against Drunk Driving
Mothers Against Drunk Driving is a non-profit organization in the United States that seeks to stop drunk driving, support those affected by drunk driving, prevent underage drinking, and overall push for stricter alcohol policy...
(MADD) was viewed as the "most popular charity/non-profit in America with 51% of Americans over the age of 12 choosing Love and Like A lot for MADD.
Presidential popularity poll
As part of Lavalle's America's study in 1992, Lavalle applied the popularity polling metrics he created for sports, athletes, and celebrities to presidential candidates and presidents. So as not to influence elections and draw wider scale criticism from both left and right leaning political groups, Lavalle withheld the results. However, in 2004, Lavalle for the first time released results of his presidential poll finding for the Pew Research Foundation. The impetus behind the release was that current day presidential "approval" polls did not adequately measure the hatred and vitriol many Americans were exhibiting towards presidential candidates and presidents.Lavalle was quoted as saying, "We keep seeing likeability and favorability polls released that don't say what we know Americans are really feeling. Most of these polls just give a quick black and white snapshot of American's opinions and don't go far enough in showing us how much people like and, most importantly, dislike each candidate. Our poll, instead of just giving an up or down number, asks Americans to choose one of seven balanced responses from love to hate. It shows the gray as well as the black and white picture." "The poll provides better insights. Someone who chooses hate/dislike a lot would be highly unlikely to support a candidate while someone who chooses love/like a lot would be more likely to support a candidate."
President Bush received a "total popularity" score of 49% (love 8%, like a lot 25% and like a little 15%, rounded numbers). John Kerry's "total popularity" score was 45% (love 3%, like a lot 23% and like a little 19%). Each candidate's "total unpopularity" numbers were: Bush 39% (11% hate, 18% dislike a lot, 10% dislike a little); Kerry 39% (hate 5%, dislike a lot 21%, dislike a little 13%).
The metrics proves the theory that America is equally divided with about 40% on one side of the political fence or another and 20% in the middle or non-committal.
Financial and mortgage fraud career
Since the Olympics in 1996, Lavalle has pursued the investigation, analysis and exposure of mortgage fraud, abuse and predatory lending, servicing and securitization schemes. He began his investigation in 1993 after identifying mortgage fraudMortgage fraud
Mortgage fraud is crime in which the intent is to materially misrepresent or omit information on a mortgage loan application to obtain a loan or to obtain a larger loan than would have been obtained had the lender or borrower known the truth....
on a family property in Dallas, Texas.
In 2000, Lavalle as a whistleblower and activist registered a number of Internet domain names involving the trademarks and service marks of Bear Stearns
Bear Stearns
The Bear Stearns Companies, Inc. based in New York City, was a global investment bank and securities trading and brokerage, until its sale to JPMorgan Chase in 2008 during the global financial crisis and recession...
and EMC Mortgage and claimed on the websites that they were engaged in predatory servicing and lending abuses as well as cooking their books. Lavalle claimed that Bear Stearns and EMC's mortgage practices would ultimately bring down the U.S. economy and international financial markets via their frauds and abuses in the securitization of mortgages. Bear Stearns filed a lawsuit and obtained an injunction against Lavalle preventing his use of those names.
Lavalle was central to stopping foreclosure abuses in the state of Florida and the expansion of banks and lenders hiding behind the veil of Mortgage Electronic Registration Systems (MERS) as the mortgagee of record in foreclosure actions.
Lavalle is credited with coining the term predatory mortgage servicing
Predatory mortgage servicing
Predatory mortgage servicing is a pejorative term used to describe abusive, unfair, deceptive, or fraudulent mortgage servicing practices of some mortgage servicers during the mortgage servicing process. There is no legal definition in the United States for predatory mortgage servicing...
in a 1999 white paper
White paper
A white paper is an authoritative report or guide that helps solve a problem. White papers are used to educate readers and help people make decisions, and are often requested and used in politics, policy, business, and technical fields. In commercial use, the term has also come to refer to...
titled 21st Century Loan Shark
Loan shark
A loan shark is a person or body that offers unsecured loans at illegally high interest rates to individuals, often enforcing repayment by blackmail or threats of violence....
s from Americans Against Mortgage Abuse. In the paper, Lavalle described four stages of predatory mortgage practices that included: Stage 1 -- Predatory mortgage securitization
Predatory mortgage securitization
Predatory mortgage securitization is a pejorative term used to describe mortgage securitization products that were created with lax underwriting standards and improper due diligence...
; Stage 2 -- Predatory Mortgage Origination/Lending; Stage 3 -- Predatory Mortgage Servicing; and Stage 4 -- Predatory Mortgage Foreclosure. The term "predatory servicing" was used in Lavalle's report against Bear Stearns
Bear Stearns
The Bear Stearns Companies, Inc. based in New York City, was a global investment bank and securities trading and brokerage, until its sale to JPMorgan Chase in 2008 during the global financial crisis and recession...
and EMC Mortgage that same year.
Financial market predictions
At the 2000 National Consumer Law Conference in Broomfield, Colorado, Lavalle released two white papers and reports he authored. The first report was titled Predatory Grizzly "Bear" Attacks Innocent, Elderly, Poor, Minorities, Disabled & Disadvantaged and detailed Bear Stearns and its EMC Mortgage unit's predatory practices in the marketplace.The introduction of Predatory Grizzly "Bear" Attacks Innocent, Elderly, Poor, Minorities, Disabled & Disadvantaged states "This report documents what is now known to be one of the largest predatory lending, servicing and financial scandals in America. The report documents and provides conclusive proof of widespread corruption, accounting fraud and abuse existing at Bear Stearns & Co., a major Wall Street investment bank and related subsidiaries." EMC Mortgage was later found by the FTC to be in widespread violation of various consumer laws and abuses that Lavalle detailed in his report and was fined $28 million.
However, more pertinent predictive quotations in Lavalle's report on Bear Stearns included: "This report also details what could be one of America's largest financial scandals ever, resulting from the development, placement and sale of various mortgage backed securities and "derivative" products by Bear Stearns. "This report is the story of one of America's largest Wall Street investment bank's "direct" involvement in the development, making, and support of a nationwide system of predatory lending practices, frauds and abuses." "The effects of Bear's behavior has a wide range effect on many, not just the EMC customers being abused. This includes Bear Stearns’ own shareholders,investors, government and the public." Lavalle predicted the effects of Bear Stearns’ actions on financial markets would include: (a) devaluing of various mortgage derivative products; (b) failure of major banks and wall street firms; and (c) reluctance of corporations, mutual funds and other investors to invest in legitimate mortgage backed securities.
Lavalle's most dire prediction came from the second report he released at the 2000 National Consumer Law Conference in Broomfield. Lavalle's report, authored in 1999, foresaw the impending collapse of the mortgage and credit markets and the failure of major Wall Street firms and banks over their subprime mortgage investments. On pages 30 to 33 of Lavalle's 21st Century Loan Sharks Report, Lavalle wrote: "The effects of a predator's behavior has a wide range effect on many, not just the borrowers being abused. This includes the predator's own shareholders, investors, government and the public. "The effects of predatory lenders and the subprime mortgage market on these constituencies and the financial markets include: 1) devaluing of various mortgage derivative products; 2) failure of major banks and Wall Street firms; 3) reluctance of corporations, mutual funds and other investors to invest in legitimate mortgage backed securities; 4) increased government regulation and supervision; 5) illegal stripping of equity of customer's homes; 6) outcries from shareholders and constituents; 7) credit downgrading of mortgage backed securities; 8) reduced value and marketability of mortgage backed securities; 9) reduced stock and option prices; 10) elimination of jobs due to cuts and layoffs; 11) overpayment of false and fraudulent claims by federal government; and 12) increase in foreclosed and abandoned homes in communities across America." Virtually each of Lavalle's predictions came true in the collapse of the international mortgage and financial markets that was precipiated by the collapse of two Bear Stearns hedge funds specializing in MBS products in the summer of 2007.
The Bear Stearns Companies, Inc. (former New York Stock Exchange
New York Stock Exchange
The New York Stock Exchange is a stock exchange located at 11 Wall Street in Lower Manhattan, New York City, USA. It is by far the world's largest stock exchange by market capitalization of its listed companies at 13.39 trillion as of Dec 2010...
ticker symbol
Ticker symbol
A stock symbol or ticker symbol is a short abbreviation used to uniquely identify publicly traded shares of a particular stock on a particular stock market. A stock symbol may consist of letters, numbers or a combination of both. "Ticker symbol" refers to the symbols that were printed on the ticker...
BSC) based in New York City, was one of the largest global investment banks and securities
Security (finance)
A security is generally a fungible, negotiable financial instrument representing financial value. Securities are broadly categorized into:* debt securities ,* equity securities, e.g., common stocks; and,...
trading and brokerage
Stock broker
A stock broker or stockbroker is a regulated professional broker who buys and sells shares and other securities through market makers or Agency Only Firms on behalf of investors...
firms prior to its sudden collapse and distress sale to JPMorgan Chase in March 2008.
As Lavalle illustrated in his report, Bear Stearns was one of the leading pioneers of the mortgage securitization
Securitization
Securitization is the financial practice of pooling various types of contractual debt such as residential mortgages, commercial mortgages, auto loans or credit card debt obligations and selling said consolidated debt as bonds, pass-through securities, or Collateralized mortgage obligation , to...
and asset-backed securities markets with Lehman Brothers
Lehman Brothers
Lehman Brothers Holdings Inc. was a global financial services firm. Before declaring bankruptcy in 2008, Lehman was the fourth largest investment bank in the USA , doing business in investment banking, equity and fixed-income sales and trading Lehman Brothers Holdings Inc. (former NYSE ticker...
and Goldman Sachs
Goldman Sachs
The Goldman Sachs Group, Inc. is an American multinational bulge bracket investment banking and securities firm that engages in global investment banking, securities, investment management, and other financial services primarily with institutional clients...
. As investor losses mounted in those markets in 2006 and 2007, the company actually increased its exposure, especially the mortgage-backed assets that were central to the subprime mortgage crisis
Subprime mortgage crisis
The U.S. subprime mortgage crisis was one of the first indicators of the late-2000s financial crisis, characterized by a rise in subprime mortgage delinquencies and foreclosures, and the resulting decline of securities backed by said mortgages....
. In March 2008, the Federal Reserve Bank of New York
Federal Reserve Bank of New York
The Federal Reserve Bank of New York is one of the 12 Federal Reserve Banks of the United States. It is located at 33 Liberty Street, New York, NY. It is responsible for the Second District of the Federal Reserve System, which encompasses New York state, the 12 northern counties of New Jersey,...
provided an emergency loan to try to avert a sudden collapse of the company. The company could not be saved, however, and was sold to JPMorgan Chase for as low as ten dollars per share, a price far below the 52-week high of $133.20 per share, traded before the crisis, although not as low as the two dollars per share originally agreed upon by Bear Stearns and JP Morgan Chase.
The collapse of the company was a prelude to the meltdown of the Wall Street investment bank industry in September 2008, and the subsequent global financial crisis and recession that Lavalle had warned of in his reports in the late nineties.
Robo-signing controversy
Robo-signing, a practice first identified and reported by Lavalle in 1999, is a term used by consumer advocates to describe the robotic process of the mass production of false and forged execution of mortgage assignments, satisfactions, affidavits and other legal documents related to mortgage foreclosures and legal matters being created by persons without knowledge of the facts being attested to. It also includes accusations of notary fraud wherein the notaries pre and/or post notarize the affidavits and signatures of so-called robo-signers. In the fall of 2010, major U.S. lenders such as JP Morgan Chase, Ally Financial f/k/a GMAC, and Bank of America suspended judicial and non-judicial foreclosures across the United States over the potentially fraudulent practice of robo-signing.At the 2000 National Consumer Law Conference in Broomfield, Colorado, Lavalle released two white papers and reports he authored. The reports released were titled Predatory Grizzly "Bear" Attacks Innocent, Elderly, Poor, Minorities, Disabled & Disadvantaged and 21st Century Loan Sharks."
On page 2 of the 21st Century Loan Sharks report, Lavalle wrote "well-known banks and mortgage companies in Florida are lying and providing perjured testimony, false affidavits and frivolous pleadings in cases involving mortgage foreclosure to courts in Florida." On pages 27–28, Lavalle described several robo-signing practices including the:
- "filing of fraudulent and false affidavits by predatory lenders claiming that they own the note when in fact they are only the servicer;"
- "filing of fraudulent and false affidavits by predatory lenders claiming that they lost the note when in fact they never had control of the document;"
- "filing of fraudulent and false affidavits by predatory lenders claiming an indebtedness that is not owed;"
- "filing of fraudulent and false affidavits by predatory lenders claiming amounts owed that are nonrecoverable from the borrower;"
- "filing of fraudulent and false affidavits by predatory lenders claiming control and custody of documents that are not in their control and custody;"
- "filing of fraudulent and false affidavits that claim to support knowledge of facts not known by the affiant;"
- "supporting motions for summary judgement with fraudulent and false affidavits;"
- "using corporate dummies as corporate reps that are trained to avoid questioning and obstruct justice;" and
- "witness tampering."
In a follow-up report in 2008, titled "Sue First, Ask Questions Later," Lavalle detailed the wide-scale practice of robo-signing in the mortgage servicing industry. On page 1 of the report Lavalle states "one of the many predatory servicing practices developed was the use of known false, fraudulent, and forged affidavits, assignments, and satisfactions of mortgages."
On page 5 of the report, Lavalle stated that he reviewed over 10,000 assignments of mortgages, powers of attorneys, affidavits, and satisfaction of liens in public records across the nation that resulted in the following findings:
- That servicers, default servicing outsourcers and their lawyers are forging documents with “squiggle marks” that are not the marks or signatures of the actual officer that is notarized to be the signatory;
- Squiggle marks with “initials only” are designed so that anyone can sign an officer’s or vice president’s signature, instead of the signatory;
- Dozens of variations of a squiggle mark that are consistently different than several or a dozen other squiggle marks of the same signatory, notary, and/or witness to the document;
- Squiggle marks and full signatures that are diametrically opposed to the known signature of the signatory;
- The same “officer” or “vice president” of a bank or lender being an officer and/or vice president for dozens of other banks and lenders;
- The same “officer” or “vice president” of a bank or lender signing and being located in various cities across the United States;
- The named “officer” or “vice president” of a bank or lender being a notary public or witness on other identical assignments, affidavits, and satisfactions;
- Pre-stamped assignments and notary signatures on assignments, affidavits and proof of claims;
- Second page notarizations that are attached to documents that do not conform in type and style to the first page of the document;
- Automated signatures on computer of “both” the notary and the signatory; and
- Backdating of dates on assignments and signatures of officers dating years after a company has been out of business or gone bankrupt.
A Washington Post article about the robo-signing foreclosure crisis on October 7, 2010, concluded with Lavalle's warning to the industry when the post wrote "several years ago (2003), on a message board still active on the MERS
MERS
Mortgage Electronic Registration Systems, Inc. is a privately held company that operates an electronic registry designed to track servicing rights and ownership of mortgage loans in the United States...
Web site, one participant (Lavalle) accused the company of participating in fraud and concealing the transfer of loans from public scrutiny." "The company's president and chief executive, R.K. Arnold, responded by insisting that MERS
MERS
Mortgage Electronic Registration Systems, Inc. is a privately held company that operates an electronic registry designed to track servicing rights and ownership of mortgage loans in the United States...
actually increased the transparency of the mortgage system and reduced the cost of homeownership by making the industry more efficient." "We're not perfect," Arnold wrote, "but there's nothing sinister about who we are and what we do."
Personal and family history
Lavalle was born in Detroit, Michigan and later raised in Grosse PointeGrosse Pointe
Grosse Pointe refers to a coastal area in Metro Detroit, Michigan, United States that comprises five adjacent individual communities. From southwest to northeast, they are:*Grosse Pointe Park, city*Grosse Pointe, city*Grosse Pointe Farms, city...
during his formative years. His natural father, Ramon Lavalle
Ramon Lavalle
Ramon Lavalle a/k/a Ramon Muniz Lavalle was a former Argentinean Diplomat and Journalist who served as Argentinean consulate to Japan during World War II before renouncing his citizenship and coming to the United States to work in U.S...
a/k/a Ramon Muniz Lavalle was a former Argentinean Diplomat and Journalist who served as Argentinean consulate to Japan during World War II before renouncing his citizenship and coming to the United States to work in U.S. intelligence operations for the Office of War Information.
Ramon Lavalle was also witness to war crimes by Japanese soldiers and officers and provided testimony to World War II War Crime Trials. Ramon Lavalle's grandfathers and Nye Lavalle's great-grandfathers were Juan Lavalle
Juan Lavalle
Juan Galo de Lavalle was an Argentine military and political figure.-Biography:Lavalle was born in Buenos Aires to María Mercedes González Bordallo and Manuel José de La Vallée y Cortés, general accountant of rents and tobacco for the Viceroyalty of the Río de la Plata.In 1799, the family moved to...
, former Argentine President, General, Governor of Buenos Aires Province, and an Argentinean folk-hero and Francisco Muniz, a prominent doctor in Buenos Aires
Buenos Aires
Buenos Aires is the capital and largest city of Argentina, and the second-largest metropolitan area in South America, after São Paulo. It is located on the western shore of the estuary of the Río de la Plata, on the southeastern coast of the South American continent...
. Both men are honored in their country by being buried in the world famous national cemetery of La Recoleta Cemetery
La Recoleta Cemetery
La Recoleta Cemetery is a famous cemetery located in the exclusive Recoleta neighbourhood of Buenos Aires, Argentina. It contains the graves of notable people, including Eva Perón, Raúl Alfonsín, and several presidents of Argentina.- History :...
. Juan Lavalle
Juan Lavalle
Juan Galo de Lavalle was an Argentine military and political figure.-Biography:Lavalle was born in Buenos Aires to María Mercedes González Bordallo and Manuel José de La Vallée y Cortés, general accountant of rents and tobacco for the Viceroyalty of the Río de la Plata.In 1799, the family moved to...
is furthered honored with one of the most famous plazas in Buenos Aires, Plaza Lavalle and the largest pedestrian street, Calle Lavalle. The world-famous Teatro Colón Opera House, national post office, and Argentina's Supreme Court surround the Plaza. Muniz is honored with Buenos Aires' major hospital being named Hospital Muniz.
Ramon Lavalle attended the London School of Economics
London School of Economics
The London School of Economics and Political Science is a public research university specialised in the social sciences located in London, United Kingdom, and a constituent college of the federal University of London...
where he befriended Labour Party
Labour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
leader Nye Bevan, Nye Lavalle's namesake. Lavalle's mother, Matilde Lavalle was born in Havana
Havana
Havana is the capital city, province, major port, and leading commercial centre of Cuba. The city proper has a population of 2.1 million inhabitants, and it spans a total of — making it the largest city in the Caribbean region, and the most populous...
, Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
where Ramon Lavalle met her during one of his frequent visits to life-long friend, Ernest Hemingway, the author, at Hemingway's finca. Letters from Hemingway to Ramon Lavalle, stolen from Nye Lavalle, now reside in the Baker Collection at the John F. Kennedy Library
John F. Kennedy Library
The John F. Kennedy Presidential Library and Museum is the presidential library and museum of the 35th President of the United States, John F. Kennedy. It is located on Columbia Point in the Dorchester neighborhood of Boston, Massachusetts, USA, next to the Boston campus of the University of...
. Both Hemingway and Ramon Lavalle, had a deep affection for and friendship with the late President and rumors circulate that each served their country in various intelligence roles in Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
and around the world.
Matilde Lavalle years later remarried Anthony Pew and Mr. Pew later adopted Nye Lavalle, as his son. Nye Lavalle retained his natural father's last name.
News clips, articles, and additional sources
http://www.sponsorintell.com/PDF%20Files/SMGClips%2785-%2793.pdfhttp://www.sponsorintell.com/PDF%20Files/SMGClips%2793.pdf
http://www.sponsorintell.com/PDF%20Files/SMGClips%2793-%2794.pdf
http://www.sponsorintell.com/PDF%20Files/SMGClips%2794-%2796.pdf
http://www.sponsorintell.com/PDF%20Files/SMGClips%2796-2007.pdf