Imagine, if you would, that you lost your home to foreclosure, but you later learned that the entity that seized your property likely had no right to take it. It sounds unbelievable, right? Well, a recently initiated investigation involving GMAC indicates that may be exactly what has happened in tens of thousands of foreclosure cases across the country.

The investigation, undertaken by the Florida Attorney General, is examining three law firms for allegedly providing fraudulent affidavits that identify who holds the original mortgage note in foreclosure cases. According to a report from NPR, this action has caused GMAC to suspend pending eviction and foreclosure activities.

According to a Wall Street Journal article Monday, the U.S. Treasury is considering new guidelines for mortgage lenders to follow. Reportedly, these guidelines will give troubled borrowers more time to qualify for the federal program that is aimed at avoiding foreclosures. The proposals make loan-servicing companies that collect payments and handle foreclosures to give borrowers 30 days in order to respond after they are denied a modification of the terms of their loan. During the 30-day period borrowers could appeal the decision and the loan-servicing companies could not put the home on a foreclosure auction.

The loans that got us into this mess were generally the first to fall. Variable rate mortgages written without documentation for people with sketchy credit histories shocked nobody as their slide became an avalanche. But, the good stuff is starting to follow. An increasing amount of fixed rate mortgages offered to borrowers with solid credit histories are feeling their ways to foreclosure. Blame unemployment for this one. When people can't work, it gets pretty hard to pay the mortgage.

Fixed rate, high quality mortgages had a foreclosure a year ago. Last quarter, it jumped to 33%, according to a Mortgage Bankers Association report. As this happened, the amount of homeowners behind on their payments or in foreclosure just set another record high ... for the ninth month in a row. Subprime mortgages are headed in the other direction. Low quality adjustable rate mortgages are now 16% of new foreclosures -- compared to 35% last year. And, more than 18% of Federal Housing Administration loans are anywhere from one payment behind to in foreclosure, with California, Nevada, Arizona and Florida worst off: together, they accounted for 44% of new foreclosures.

Visit msnbc.com for Breaking News, World News, and News about the Economy

Fannie Mae (NYSE: FNM) has initiated a new Deed to Lease program in which homeowners facing foreclosure will be able to stay in their homes as renters.

During the first half of the year, Fannie Mae has acquired 57,000 homes through foreclosure. These are owners who do not qualify for mortgage restructuring. They must demonstrate that they could not pay their mortgage but can pay rent. The rents paid are lower than their previous mortgage payment.

Some of the jobs that have disappeared through this recession are gone forever, it seems. Even when the market turns, and even gains momentum, we could be stuck with a fairly weak employment market for a while. The recovery will take longer than we'd like, putting more distance between now and the top of the next market run. We've lost 7.2 million jobs since December 2007, and the predictions of some economists that we'll get them back by 2014 may actually seem optimistic.

Unemployment is at 9.8%, and it's expected to clear 10% early next year. Then, we have the specter of a jobless recovery with which to contend. "Full employment" is often considered to be an unemployment rate of 4% to 5%, but it could be a while before we get there. The last downturn, following the dotcom bust, resulted in a peak unemployment rate of 6.3% in 2003 ... and we're already well past that.

Why is the recovery going to be such a grind? Check out the four major reasons after the jump.

Which way is the stock market headed, up or down? That question is on the minds of many investors these days.

We've a 50% run up since the January lows. Nouriel Roubini said: "Markets have gone up too much, too fast." I see the risk of a correction, especially when the markets now realize that the recovery is not rapid and V-shaped, but more like U-shaped.

Home foreclosure filings in the United States hit a record 1.9 million in the first half of 2009, according to RealtyTrac –-- on more than 1.5 million properties. Again, unemployment is one of the primary culprits, as a lack of income makes it pretty tough to bring a loan at risk of default up to date. The number of filings is up 9% from the second half of 2008 and up almost 15% from the same period last year.

Last month, foreclosure filings were up 5% relative to May and up 33% from June 2008. The month's action was the third highest on record, and it was the fourth month in a row in which there were filings on more than 300,000 properties.

It was the largest jump in three months, as new home construction increased by 17.2% during the last month.

The increase was much higher than analysts had been expecting, and last month we moved up to an annual rate of 532,000 units... well above the 500,000 units that had been forecast.

The good news is that there was a 6% drop in foreclosures from April to May. That is the good news, but the bad news is that May was the third straight month in a row for foreclosures topping 300,000.

RealtyTrac, which is the firm responsible for these figures stated that the exact number of foreclosure filings during the month was 321,480.

Are you in foreclosure proceedings? If so, you can stay in your house longer than you might have thought. All you have to do is tell the bank to hand you a copy of the mortgage contract that proves you are on the hook to pay and specifies the terms of the foreclosure. As long as the bank cannot deliver you that contract, you can stay in the house.

I am not a lawyer; nor am I going to play one here. But if you tell the bank to "produce the note," it must deliver you the paper copy of the contract. And thanks to the way the mortgage market has changed in the last few decades, that simple request could be difficult to fulfill. That's because most mortgages used to get sold to investment banks who packaged them into mortgage-backed securities and sold them to investors around the world.

The deflation drumbeat continues. As prices drop, businesses produce less and they cut the people doing the producing. With the exception of stocks and oil, it seems that nowhere are prices falling faster than in houses -- slashing $10 trillion in consumer wealth. And the spike in foreclosures adds more supply to the market for houses, just as demand keeps falling.

The foreclosure forecasts and initial unemployment claims figures released today are indeed sobering. The spike in foreclosures is expected to come from Pay Option mortgages, which let borrowers pay less than they owe each month and add that amount into the principal. But the Pay Option resets the rate upward when the new principal rises above 110% of the original amount.

Thanks in part to a 63% -- or $1,053 -- monthly increase in the current $1,672 average payment, foreclosures are expected to rise 125% to 3.6 million by 2010 over the three million that have occurred since 2006. Meanwhile, initial applications for jobless benefits rose to 573,000 in the week ending December 6 -- 9% more than the expected 525,000 -- from 515,000 the week before.

If this is what an Ownership Society is all about, maybe it's time to forget about Ownership and create an Affordership Society where people live within their means instead of borrowing to buy things they can't really afford.

Peter Cohan is president of Peter S. Cohan & Associates. He also teaches management at Babson College and edits The Cohan Letter.

Freddie Mac (NYSE: FRE) said today that it received a notice from the New York Stock Exchange (NYSE), warning that the mortgage firm could be delisted due to its rock-bottom share price. FRE has been trading below $1 for more than 30 days now, and must notify the exchange by December 2 whether it intends to rectify the problem.

If Freddie does decide to meet the NYSE's listing requirements, it will have until mid-May to address the share-price issue; if not, its common stock and preferred stock are subject to suspension and delisting. In a statement, Freddie Mac said it's "currently working with its conservator, the Federal Housing Finance Agency, to explore options relating to this deficiency and has not yet determined its response."

Earlier this week, Freddie's sister Fannie Mae (NYSE: FNM) received an identical warning from the NYSE. The troubled siblings hit the headlines for somewhat more respectable reasons earlier this morning, when the pair announced they would temporarily halt foreclosures during the holiday season.

After opening broadly higher this morning, FRE has fallen to a 6% loss at 46 cents per share. Sibling Fannie is faring better today; that stock is up roughly 9% at last check -- though today's gain takes the per-share price only as high as 36 cents.

Elizabeth Harrow is an analyst and financial writer in the research department at Schaeffer's Investment Research. She is featured in the video series Schaeffer's Daily Q&A on SchaeffersResearch.com.

How cutthroat have mortgage lenders been? I'd say on the pirates-and-vikings level, if data from Los Angeles this month is any indication. After a new law went into effect in early July requiring lenders to contact homeowners and attempt to avoid foreclosure before initiating the process, October foreclosures fell sharply, based on newly-scheduled home auctions (most foreclosures take 90 to 120 days to complete).

The law, however, only requires a 30-day waiting period to attempt to work things out, and does not ask the lenders to provide any proof of the options it considered; only a piece of paper evidencing attempt to contact the homeowner (which, it would seem, could be as limited as a phone message but would probably take the form of a registered letter). There does not seem to be any way to make sure that the intention behind the contact was to find a creative solution to foreclosure and many critics claim that the effect of the law will only be a 30-day delay.

Indeed, all observers are forecasting a rise in foreclosures for November that is roughly equal to the decline in October. Has anything been gained, other than a few weeks' of respite from homelessness and a momentary decrease in the supply of cheap homes? I doubt it.

In the current housing market, it has been hard to find any sort of silver lining, but we do see a little positive news today, as existing home sales in July jumped more than expected, mainly due to lower home prices.

During July, sales of existing homes rose by 3.1%. This was well above the 1.6% that Wall Street was hoping to see, but analysts caution against assuming that this is a sign that the market has finally bottomed out. Despite beating Wall Street estimates, we still have to consider the fact that home sales were over 13% lower than the same period a year ago.

While we can view the July sales figures as promising, we must also take a minute to look at home inventories, and here the picture is not so rosy. Here we see that the number of unsold single family homes is running at all time highs. Currently the market is trying to deal with a total of 4.67 million unsold homes. This is the highest level that we have seen since 1968 when the National Association of Realtors started monitoring the data.

Donald Trump, the Clown Prince of Capitalism and Chairman of Trump Entertainment Resorts (NASDAQ: TRMP), is back in the news. The Associated Press reports that he'll be bailing out Ed McMahon, the former Johnny Carson sidekick who defaulted on $4.8 million in loans on his Beverly Hills home.

Trump told The Los Angeles Times that he didn't know McMahon personally and is motivated by "compassion. . . When I was at the Wharton School of Business I'd watch him every night. How could this happen?"

Holy cow! When I read this story, I thought "Finally! I'll have a chance to do a nice piece on Donald Trump." Wrong. I am actually going to make history here and bash someone for helping an old man keep his house. First, why Ed McMahon? There are hundreds of thousands of people facing problems with their homes and, rather than quietly helping average Joe's with mortgage payments, Trump goes and spends millions of dollars to help one old rich guy keep his palace -- and then calls The Los Angeles Times to brag about it. Oh, and he had to remind everyone that he went to Wharton.

This act of charity, like everything Donald does, seems to be motivated by narcissism, grandiosity, and a thirst for publicity.

I'm caving into his desire to have his name all over the place, but I'm also calling BS on this billionaire bailout.