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Friday, April 24, 2009

At the Movies

I saw the movie The Soloist with Jamie Foxx and Robert Downey, Jr. The movie is based on the true story of a newspaper columnist who befriends a mentally ill homeless musician. The portrayal of his life on the streets was very moving, and also provided a glimpse into the enormous homeless community in Los Angeles. Ninety thousand people are homeless there, enough to constitute an entire city on their own. In Seattle, we have about 8,500 homeless residents among us.

As a bankruptcy lawyer, I feel particularly compelled to do what I can to help end homelessness. Many of our clients at Resolve Legal file bankruptcy to avoid foreclosure, and we do our best to help our clients save their homes. Few of our clients, however, face absolute homelessness. In these deeply uncertain times, though, we expect that we will see increasing numbers of formerly middle class failies who will spend some time with nowhere to call home.

We live in the world’s wealthiest nation, and we should be able to provide a place for every one of our citizens to sleep. Hopefully, this movie will inspire people to do something to help change the shameful fact of homelessness: donate money to a shelter, call or write your legislator, volunteer.

Many homeless people, when asked, say the worst part is the way people ignore them, overlook their very existence. It costs nothing to meet a person in the eyes and wish them a good day. Merely by recognizing the humanity of a fellow citizen, we can make a big difference. Perhaps that is the most important lesson of all.

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Sunday, February 15, 2009

Waiting for Obama

It’s a little like Waiting for Godot these days: a lot of nonsense talk about very big important topics, and in the end, not much to show for it. All the talk is supposed to have a lot of meaning, but some of us just can’t understand it all. I’ve seen Waiting for Godot several times in various theaters, and although I always enjoy it, it leaves me with that vaguely embarrasing feeling that everyone else in the theater must be smarter than me, because I’m not really sure I “got it.”

Listening to Treasury Secretary Geithner is just like that. Either everyone else is smarter than me, or he really isn’t giving us very good answers, but I’m not exactly sure which.

President Obama will sign the stimulus bill tomorrow, and not a moment too soon. Then Wednesday, an announcement about what they plan to do to help homeowners deal with the foreclosure situation. So far, at Resolve Legal, we have had zero luck getting any assistance or cooperation from lenders, despite everything we read in the papers. So we are hoping against all hope that Obama and Geithner will announce a plan that might acutally help. Waiting . . .and hoping . . .that relief is on the way.

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Friday, January 30, 2009

I didn’t get a bonus, did you?

Readers of this blog will not be all that surprised by the news over the last few days that over $18 Billion was taken by financial services company executives in bonuses for the stellar job they all did in 2008. It is just the kind of thing we have come to expect, which doesn’t mean it shouldn’t be criminal! At least the current President is on the side of regular people on this one, and seems to be just as outraged as we are at this unbelievable corruption.

Your tax dollars at work [detect note of sarcasm].

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Thursday, January 15, 2009

Desperation in the Air

I have not been blogging much, first because of snow days and Holidays, and then January began. There is a new note of desperation in the voices of the calls that are coming in. Clearly, fear is setting in for many people struggling with debt. The overwhelmingly bad economic news is not helping, either. And it seems obvious to us all that it is not likely to get better any time soon.

There is also hope in the air, as we count the days to the new administration taking office. But we all know that nothing can change overnight.

We have been trying to help our clients get mortgage modifications, but we are finding it to be virtually impossible. Almost every call we make results in a different answer after holding and waiting for a very long time. As far as I know, our office has not had one successful loan modification yet.

For that reason, I am hoping that the new Congress will quickly enact bankruptcy legislation that will allow people to modify their mortgages upon bankruptcy court order in a Chapter 13. Here in Seattle, we have great bankruptcy court judges who have the skill and the sense to help us get through these problems. And so, we wait and we hope, and we try to help our clients and prospective clients stay calm in the meantime.

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Thursday, December 18, 2008

Unequal Treatment

Two news stories in the last few days provide a stark illustration of the different treatment afforded the rich and the struggling middle class. The New York Times reported on the huge bonuses taken by brokers and traders at Merrill Lynch related to the sales of mortgage-backed securities. The story, which you can read in full here,details the hundreds of millions of dollars in bonuses and compensation paid out in the last few years for arranging investments in mortgages that are now in foreclosure. As I have been saying for some time now, all these home loans were being packaged up and sold for huge profits — and the rich keep getting richer. No one was really attending to the fundamental question of whether the borrowers had the ability to repay these loans; to the contrary, mortgage brokers had incentives to put people in larger, riskier loans because they earned a larger fee if they did! Then, their bosses and their bosses’ bosses repackaged and resold these same mortgages, each taking their cut along the way. All that money got taken out of the system and put into the pockets of investment bankers on Wall Street, and it’s not coming back. One of the people in the story is now advising firms who are dealing with troubled mortgage lenders — wonder what he charges for his services?

On the other end of the spectrum, Bush’s government solution to help homeowners, the Hope for Homeowners program sponsored through HUD, has received a grand total of 312 applications. Even the government admits the program is a failure, as the Washington Post reports today, here. I have never really trusted that our government was going to do anything that would really help borrowers who are in trouble, and the more time goes on, the more cynical I become. I am really starting to wonder if they are purposefully introducing programs they know won’t work to stall for time while the financial services industry tries to get a strategy together. For instance, all this talk about a 4.5% mortgage program, designed for first time home buyers to buy distressed real estate — how does that help the struggling home owner who is facing a foreclosure? It doesn’t! It helps banks and mortgage lenders by providing a new class of potential customers, and the profits that they might generate, albeit at smaller margins. The argument that this will keep home prices up doesn’t help troubled borrowers either. They need a way to pay a mortgage they can afford, and higher home prices will not give them that.

The bright spot is that the more government proposals that fail, the greater the likelihood that Congress will have to relent and reform the bankruptcy code to permit loan modification. President-elect Obama advocated for just such a change on the campaign trail. Let’s hope that he’s true to his word.

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Thursday, November 27, 2008

Gratitude

We set aside this Thanksgiving holiday to commemorate a time when, in the midst of great hardship, we came together as a community to feast with our neighbors and to take time out to just be grateful. We find ourselves again in a time of great hardship, although certainly few of us have experienced the illness, cold, and hunger that were the norm in centuries past. Nevertheless, many of our neighbors are sick or cold or hungry each day. We should not forget them as we sit down to whatever feasting we enjoy.

Even in such difficult times, there is always something to be grateful for. I am blessed with a healthy family, and two wonderful daughters who are both doing pretty well for teenagers. Generally, there is enough food to eat — good, healthy food in astonishing varieties. What would the pilgrims have thought about bananas or pineapples? And virtually every American has access to clean, fresh water in abundance, delivered right to their house. Half the world does not have easy access to fresh drinking water, yet we merely have to turn a tap, and it pours forth.

The months and years ahead will likely be filled with many opportunities to worry, to work, to protest, to complain. Today, for Thanksgiving, may you find a moment to pause and remember to be grateful for what we have.

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Sunday, November 23, 2008

Still no relief in site, unless you are a bank!

The government announced this evening that it is going to provide more money to Citibank, at least $20 billion for starters, and up to $300 billion in “guarantees” for bad loans. The Treasury Department is still unwilling to allow any of the bailout money to be used to help homeowners who are struggling to pay their mortgages. And we have been finding that the mortgage companies and banks are almost impossible to reach on the phone, so even if they are willing to try to help, you probably can’t get through to them to find out.

We are hopeful that President-elect Obama’s announcements tomorrow about his plan for economic stimulus will have some impact, but frankly, we are not too optimistic. So much of the economy has been based on overspending — credit card debt, home equity, store credit — there is going to be some painful adjustment no matter what programs the new administration brings to the table. And unfortunately, we still have to wait two more months to implement those plans.

I have noticed that the previews of tomorrow’s big speech have not included much mention of what will be proposed for housing. We continue to hope that bankruptcy reform will ultimately be enacted. Currently, virtually all types of loans can be modified in a bankruptcy except residential real estate loans for primary residences. We could help so many more people if the law protected homeowners as well as it protects Lehman Brothers and Circuit City.

I don’t even know what to say about the car companies, except that I wish Resolve Legal had a private jet that I could fly around in. Showing up at Congress to ask for bailout money in a private jet is about the same as showing up for bankruptcy court in one. I don’t recommend it.

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Thursday, November 13, 2008

The Latest Brilliant Bailout Plan

While we were all looking the other way, enjoying our moment of a victorious election, your U.S. Treasury Department has been cooking up more schemes to spend your tax dollars on bailing out banks. Today’s New York Times top story, misleadingly titled “U.S. Shifts Focus in Credit Bailout to the Consumer,” reveals Paulson’s strategy to continue funneling money into banks, and refusing to provide any relief for homeowners. He categorically rejects any use of the TARP funds for mortgage relief, and apparently has cut off talks with Sheila Bair, head of the FDIC, to provide homeowners with some real options.

But that’s not all. Now, Paulson says, in addition to propping up mortgage lenders, we are going to need to prop up credit card issuers. Paulson’s brilliant plan to help consumers is to “invest about $50 billion from the bailout fund into the new loan facility, with the aim of helping companies that issue credit cards, make student loans and finance car purchases.” In other words, your government intends to create additional capacity for credit cards companies to increase the “liquidity” they have available to extend more credit to us consumers. And then to guarantee the debt to the banks using our tax dollars.

Haven’t they been paying any attention? Is there anyone who still believes, honestly, that spending more money is the best way to get us through this economic downturn? On credit cards? Really? What are they putting in the water over there? This is the Secretary of the Treasury proposing this! It really would be funny if it weren’t so thoroughly despicable.

The only people who stand to gain from this proposal are the very bankers and Wall Street investors who created this whole mess. It seems as if the Bush administration is intent on pumping as many dollars into the coffers of their buddies before they leave office as they can possibly manage, leaving all of us to pay the consequences. This is truly an absurd idea, that we should make additional credit card dollars available, but we should absolutely refuse to provide any relief for people who are behind on their mortgage payments. I wish I could tell you how many of the people I meet with are having to decide whether to pay a credit card or pay their mortgage each and every month — more credit card debt is not the answer.
At least credit card debt is generally something I can help with in a bankruptcy case!

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Wednesday, November 5, 2008

Time for Change

It was a momentous election, and I am frankly jubilant at the result. But while our joy is without reservation, our hope that the election will bring true transformation of the disparaties between the have’s and have-not’s is tempered. Too often, we have seen political realities vanquish idealistic visions, and so we are not unduly optimistic that Barack Obama will be able to rescue us from the terrible mess we are in.

The election was long and hard, but the hardest work is clearly ahead. Our economy has been virtually destroyed by the unregulated growth of toxic mortgages and their subsequent demise. We hope that our new administration will act quickly and decisively to improve the environment for borrowers, and thereby strengthen this faltering economy for all of us.

At the recent annual Consumer Rights Litigation Conference, the following suggestions for change were offered.

*Create mandatory federal standards for loan products secured by a primary residence.
*Standardize loan products, and enact regulations to ensure that most loan are 30-year fixed mortgages, except in special circumstances.
*Re-enact usery laws, with a floating rate tied to some appropriate measure.
*Provide incentives to encourage best pricing and affordability of home mortgages, including underwriting based only on the payment stream of the loan.
*Require that loans be affordable, i.e., 38 percent or less of the home owner’s household income.
*Enact legislation ensuring full assignee liability for all purchasers of home mortgages.
*Amend the tax code to provide less incentive to add mortgage debt to primary homes.
*Clarify the duty owed by servicers to the borrower, and improve RESPA.
*Prohibit foreclosures without first offering a loan modification.
*Prohibit loans with a loan to value ratio greater than 90 percent.
*Amend the bankruptcy code to permit modification of home mortgages, even over the objections of the lender but subject to the oversight of the court.

Quite a wish list, I realize. But without significant and courageous action, our mortgage troubles are only beginning. Let’s hope our new government can do better.

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Sunday, October 26, 2008

Brought to you from the Consumer Rights Litigation Conference

I’m writing this from Portland, Oregon, the site of this year’s national Consumer Rights Litigation Conference. The conference is sponsored by the National Consumer Law Center and the National Association of Consumer Advocates. There are about 1,500 people here, and all of them are working hard every day to make the world a better place for consumers — otherwise known as regular people who spend money, buy things, and pay debts.

The whole concept of consumer rights is one that may not be familiar to many people, since it encompasses such a broad, wide-ranging set of issues. Some consumer rights issues that you may have heard about in the news recently are toys from China with lead paint; food safety; the rising costs of health insurance; and of course, the mortgage crisis.

Until recently, many of my friends and colleagues didn’t really think the mortgage crisis would affect them. They didn’t have a subprime mortgage, and they were not behind in any payments. Most of them had purchased homes long enough ago that even when prices started to go down, they still had ample equity in their homes. A few of my older friends and my parents have already paid for their homes, and don’t even have a mortgage. I think everyone now realizes that this mortgage crisis effects every single American; indeed, it probably effects the entire world.

The good news is, there are more lawyers and advocates every day, in Seattle, in Washington, and all around the United States, who are working to help prevent mortgage foreclosures and fight back against unethical debt collectors and abusive lending practices. And what a remarkable group of people they are: talented, smart, hardworking people who are passionate about protecting consumer rights.

But there is so much hard work to do, in the face of years of deregulation and unbridled greed. We are about to have an election, and a new administration will take over in the midst of this huge economic crisis. So far, neither candidate shows much inclination to change the fundamental structure of the bailout or to take the sort of radical action that would be needed to stem the tsunami of foreclosures headed our way. A prominent speaker at the conference today pointed out that the last several years have been a period essentially marked by lawlessness, at least as it concerns our financial systems. If you think about what usually happens when a new sheriff comes to town to take care of the bad guys, it isn’t very pretty! We are in for some hard times ahead.

I’ll be writing over the coming week about what I learned at the conference, and what I think we should be asking our government to do about it. The road ahead is going to be hard, but we are a strong, resilient people, and we can make it better if we work together.

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10:36 pm
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