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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.

POSTED BY Resolve Legal AT
10:36 pm
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Monday, October 20, 2008

Foreclosures Increase in Seattle

The Seattle Times reports today on the increasing rate of foreclosures, and notes that foreclosures in the Seattle area are up 64 percent from last year at this time. The article correctly points out that the best way to deal with a lender is to start talking early, but it fails to tell homeowners what to do to get a lender’s attention. So many of our callers report that when they call the mortgage company, they are told that no one will help them unless they are already behind!

Housing counselors are a great resource for people facing foreclosure, but they are already swamped and some programs can only help people who are low income. Unfortunately, sometimes filing bankruptcy is the only option to avoid a foreclosure.

In a Chapter 13 case, the foreclosure sale is automatically stopped and the borrower is given an opportunity to propose a plan based on their income and expenses. Not all homeowners can afford the necessary payments under a Chapter 13, but if they can, the mortgage company is required to accept them. In addition, if there are problems or questions about the amount of the loan or about irregularities in how the loan was obtained, we can look at that in the course of the bankruptcy case too.

On our website, we have lots of additional information about Chapter 13 and how it works. Start here, and then also review the FAQ’s. We are happy to meet with you for a free consultation about whether Chapter 13 bankruptcy is the best option for you to avoid a foreclosure and save your home.

POSTED BY Resolve Legal AT
9:51 am
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Monday, October 13, 2008

Krugman wins!

Paul Krugman won the Nobel Prize for economics. Professor Krugman is a personal hero of mine, for his ability to explain income inequality, the housing crisis, and the relationship between greed and our troubled economy. In addition to his scholarly work, he writes a column in the New York Times. He understands the real problems faced by the middle class. You can read his blog here. Congratulations Dr. Krugman — keep up the good work!

POSTED BY Resolve Legal AT
9:41 pm
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Monday, October 6, 2008

Will you lose your right to vote?

Both the New York Times and NPR reported in the last few days that campaign workers are concerned that voting rights will be affected by the recent increase in foreclosures. They are anticipating challenges to voters’ registration status at the polls based on foreclosure records, and are seeking to remind people to update your address as soon as possible to ensure that you are not denied the right to vote.

Losing a home through foreclosure is traumatic enough — you shouldn’t have to worry about losing your right to vote as well.

POSTED BY Resolve Legal AT
10:43 pm
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Sunday, October 5, 2008

Insurance meltdown

60 Minutes did a great story this evening explaining Credit Default Swaps. You can see the video here. Essentially, the story pointed out that “credit swaps” are insurance for mortgage-backed securities. They are not called insurance, because if they were, they would be regulated. One of the biggest problems causing the latest financial disaster is that the companies issuing the credit swaps are defaulting on them, or could default on them in the future.

A great many people made a lot of money designing, issuing, and selling credit swaps. So much so that there are now approximately $63 TRILLION in credit swap obligations outstanding. Compare that to the total deposit accounts for the entire world, which stands at approximately $40 trillion, and you can see that we are out of balance!

At Resolve Legal, we have seen an increasing use of what we call an 80/20 mortgage. In other words, a borrower takes two loans — one for 80% and a second position mortgage for the remaining 20%. It used to be that until you had 20% equity in your home, you would pay an insurance premium each month for private mortgage insurance. Well, the ever-creative mortgage industry came up with a way to avoid that insurance payment — one which home buyers were only too eager to adopt as it gave them more cash to make a larger monthly payment. Now, when the mortgage is foreclosed, it is not insured, and rarely does the second position get paid in the foreclosure process. Thus, the borrower remains on the hook to pay that debt.

On both the macro and micro scales, the system has been failing. We will all be paying for that failure for a long time to come.

POSTED BY Resolve Legal AT
7:53 pm
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Saturday, October 4, 2008

The real explanation

If you want to know what this bail out is all about, check this out:

song chart memes
more music charts

Thank you graphjam.com, and thank you Professor Nancy Rapoport for sharing it at http://nancyrapoport.blogspot.com/

POSTED BY Resolve Legal AT
10:52 pm
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Thursday, October 2, 2008

Another opinion

In the face of such an overwhelming push to pass the Paulson bailout plan immediately, it’s nice to know I’m not the only one having doubts. The New York Times editorial page published this today:

Show Us the Hope

At last count, six million people were expected to default on their mortgages this year and next, putting them at risk of losing their homes unless they can catch up in their payments or catch a break on their loan terms. And they’re not the only ones at risk. As prices drop, millions of people who have never missed a mortgage payment stand to lose their home equity. Leaving these Americans out of the bailout bill is unwise and unfair, but neither Congress nor the Bush administration has ever shown anywhere near the sense of urgency to rescue homeowners at the bottom of the collapse as they have for the financiers at the top of it. Take, for example, a new government program that took effect on Wednesday with the aim of helping as many as 400,000 struggling homeowners keep their homes. Even before it got started, the program – called Hope for Homeowners – was looking like a lead balloon. Under the program, the government will insure up to $300 billion in new, more affordable loans for troubled borrowers. For the insurance to kick in, however, lenders must first voluntarily refinance the delinquent mortgages by reducing the loan balances to 90 percent of the home’s current market value. In exchange, lenders would avoid the expense of foreclosure and uncertainty about being repaid. The government would stem the social and economic damage of more foreclosures, at presumably little risk to taxpayers.

There’s just one problem. At a Congressional hearing in September, lenders were lukewarm about participating in the new program – reluctant, it seems, to take the loss that comes with reducing loan balances.The lenders, including JPMorgan Chase, Bank of America, Wells Fargo and CitiMortgage, a unit of Citigroup, all said they were taking other steps to help troubled borrowers, like reducing a loan’s interest rate or extending its term. That’s helpful, but the industry’s efforts don’t go far enough: defaults and foreclosures continue to outstrip efforts to rework bad loans. As home prices fall, the most effective modification is to reduce the loan balance; otherwise, borrowers are in the position of repaying a loan higher than the value of the property. That burden can become unbearable when combined with unemployment or reduced work hours or unexpected expenses like medical bills.

There are two sides to the mortgage mess. The mortgage industry, in pursuit of upfront fees, deliberately made loans to people who could not afford the payments over time. They justified their actions on the self-serving and unsound basis that rising home values would forever postpone a day of reckoning. Many borrowers – naively, foolishly or selfishly – took on those loans. Yet well over a year into the housing bust, the mortgage industry still calls the shots, as if it is a victim of the borrowers. Congress could change that dynamic, by amending the bankruptcy code to allow the court to modify troubled mortgages. But lawmakers still are afraid to hold the industry accountable. Instead, they are offering Hope for Homeowners that looks to be anything but.

http://www.nytimes.com/2008/10/02/opinion/02thu1.html?_r=1&ref;=todayspaper&oref;=slogin#

POSTED BY Resolve Legal AT
10:14 am
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Wednesday, October 1, 2008

Let them eat cake

Marie Antoinette is said to have replied, when told that her poverty-stricken subjects could not afford bread, “Let them eat cake.” Although the story is likely apocryphal, it certainly captures the apparent attitude of our leaders today. While many of us struggle to make ends meet, and many are having particular difficulty making house payments, Congress is stuck in political bickering and maneuvering. The politicians that are supposed to be looking out for us seem much more concerned with their reelection campaigns or their party loyalties than what is in the best interests of the country or its citizens.

Let’s review: for many years, Wall Street investors have been making buckets of money by investing in (and marketing, and packaging, and brokering, and rating) mortgage-backed securities. The system is complicated, but essentially it works like this: a home owner takes a loan to buy a house. That loan is pooled with other loans and sold to Fannie Mae, Freddie Mac, or into a trust, and it is then “securitized.” Investors purchase securities, which represent the right to receive payments from the mortgages in the pool. The amount of money in these transactions is staggering, and the fees, salaries, and bonuses generated made many people very wealthy — private jets, yachts, New York penthouses kind of wealthy.

Now they tell us that we are going to pay for that. And we are not getting much in return. Not even cake. The fundamental flaw with the bailout plan, from what I can tell, is that it buys those very securities that were created for the benefit of the Wall Street investment companies, and does almost nothing to help the homeowners who are footing the bill.

The first version of the bailout plan, presented a few weeks ago, was only three pages long, and it was ridiculously overreaching. Under that original plan, the Secretary of the Treasury would have absolute authority to spend $700 Billion of our money however he saw fit, with no oversight by a court or Congress. The House version, voted down two days ago, was somewhat better, and included various provisions to limit executive compensation and restore any profits made to the taxpayers. Now the Senate has added even more provisions, but the basic underlying flaw is still there — the money is going to pay for the securities, and not to buy the actual home loans. So long as the government does not actually own the loans, there is no reason to think anything will change between lenders and borrowers seeking loan modification or relief.

I have been urging my friends and co-workers to contact their elected officials and ask them to oppose this bailout plan. In recent days, I think that we have all been somewhat worn down. In the absence of any true leadership, we resign ourselves to the belief that this is the best we can do. But I do not believe that — I think we can expect more out of our government, and I think we can continue to insist that we want them to work harder to find a better solution.

Of course, my friends then ask me the logical question: “What should we do then?” For several days, I have been saying I don’t know, and I still believe that it is the responsibility of all those politicians to figure it out. But I think that at a minimum, any bailout should allocate funds to purchase the actual loans, and should set up housing counseling agencies that can arrange new terms for homeowners to be able to pay their loans. A recent New York Times opinion column really stated it best — you can read it here:

http://www.nytimes.com/2008/09/27/opinion/27partnoy.html?scp=9&sq;=september+27+2008&st;=nyt

Even with all the amendments, and even though the economy is certainly in crisis and action is needed, I do not support the proposed legislation and I will continue to raise my voice against it. We can do better. In American, in the twenty-first century, we should not be required to pay taxes to refill the coffers of the rich.

Yes, individual homeowners need to be responsible for their own excessive spending too. But the system does not work at all unless homeowners are making their mortgage payments. The only real source of money coming into the securitized mortgage pools is the payments we make. And in my experience, working with people in distress every day, people WANT to be able to pay their mortgages! Any legislation to bail out the lenders must also help people pay their loans by instituting a program with teeth in it for making reasonable modification to those loans.

POSTED BY Resolve Legal AT
10:45 pm
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