My friend is a school teacher in Compton. He makes around $55,000 a year, give or take. It’s never been enough to buy a home in L.A. and these days of frozen credit the dream of home ownership is further away than ever–even as home prices drop down to more affordable levels. Banks just will not lend–even to the most qualified buyers with steady, tenured jobs. The Bush Regime shoveled $300 billion–no strings, no adult supervision, no accountability–at the banksters and what happened was predictable: some of it went to scooping up other, more distressed banks and related businesses and some of it was simply stolen (in the form of self-awarded "bonuses" for… jobs well done? Rudy Giuliani may think $18.4 billion in taxpayer money to crooked, grasping millionaires (like himself) is a perfect way to get the economy moving–in essence that is the heart of the GOP trickle down theory–but most Americans are howling mad and want the stolen money returned. Missouri Senator Claire McCaskill would go even further.
Sen. Claire McCaskill has delivered a sharp threat to the wallets of corporate executives who took large compensation packages even as their companies accepted government bailout funds. Things, she warned, are going to change.
"I’ve been mad for a while," said the Missouri Democrat. "When we passed the initial half of the TARP money, [there were] rumors about bonuses, the fact that too many of these guys were holding onto the jobs even though they were running these companies into the ground. Reality didn’t seem to be the order of the day."
So McCaskill took to the Senate floor on Friday to put an end to the surrealism. In a bill that came to the surprise of reporters, her colleagues, and the White House alike–there was no coordination with the Obama administration, she said–the Missouri Democrat called for compensation for employees of bailout recipients to be capped at $400,000 a year.
"They don’t get it," McCaskill said on the floor. "These people are idiots. You can’t use taxpayer money to pay out $18-billion in bonuses… What planet are these people on?"
Planet Republicana, of course. And we elected Democrats, by substantial margins, to save us from that deadly, toxic, sociopathic planet. And that brings us back to our topic of home buying.
My friend found a house in the Glassell Park neighborhood of L.A.–a changing neighborhood–that has been hard hit by the foreclosure mania. A hard working man who speaks little English had literally been tricked into a complex variable rate mortgage that he was assured was safe for his family of six. The house is beautiful and he got it for around $500,000 with 5% down (around $25 grand). It was a stretch but he was able to make all ends meet for two years, in the meantime upgrading everything in the house–electric, plumbing, a guest cottage, a gorgeous garden… And then the full force of Bush’s Republican Economic Miracle hit. His mortgage payments more than doubled. He had just been able to make things work before this inexplicable rise in his payments. Now he couldn’t. The bank was willing to renegotiate, but not substantially. He faced foreclosure and the complete destruction of his credit–let’s hope Vice President Biden takes an active role in reforming the disgraceful bankruptcy law he helped Bush shove through Congress for his pals in the banking community now that he’s in charge of that middle class task force–and he realized he’d have to sell the house. Unfortunately, houses aren’t selling–at least not at the prices people paid in the last 15 years.
He put his house up for sale as a potential short sale for $250,000, half what it was valued at when he bought it. If the bank approved–and ate the loss–he would be able to save his credit. My friend the school teacher saw the house and offered $270,000 in cash (borrowing money not from a bank but from a friend). The deal was approved by the homeowner’s bank. But then the homeowner realized he had nowhere to go with his family. After spending months looking for a place to relocate–even out in the dreary desert communities between L.A. and Las Vegas–he realized that unless he was willing to split his children up among relatives, he couldn’t leave the home he could no longer afford to play for.
Legally, my friend the school teacher could have forced him out at this point. Escrow was about to close and he was entitled to pay the agreed amount and take possession. Ethically. . . well, how do you evict a family from their home. Instead, we found him another home (in Hollywood), and we suggested the Glassell Park guy follow the advice being offered by Ohio Congresswoman Marcy Kaptur, the longest serving Democratic woman in the House: squat in his own home.
Rep. Kaptur, who is being mentioned as a replacement for retiring Republican incumbent George Voinovich– the GOP is putting up a hapless and pathetic Bush clone, Rob Portman–is, like many Americans, steaming. She’s angry because the federal government has squandered the TARP funds without helping out homeowners. Her area of northwest Ohio has been hard hit, like southern California. Her advice is startling–and not exactly what Americans are hearing from Inside the Beltway or from the Establishment’s media: "Unless [you] have good legal representation do not leave your home because remember possession is 90 percent of the law." The revolution has started?
"So I say to the American people, you be squatters in your own homes," said Congresswoman Kaptur before the House of Representatives. "Don’t you leave."
She’s called on all of her foreclosed-upon constituents to stay in their homes and refuse to leave without "an attorney and a fight," said CNN.
"If they’ve had no legal representation of a high quality, I tell them stay in their homes," Kaptur told Griffin.
Kaptur is a high-profile advocate of an increasingly popular mode of fighting foreclosures best known for it’s key phrase: "Produce the note."
By telling a bank to "produce the note," a homeowner can delay foreclosure by forcing the lender to prove the suing institution is actually the same which owns the debt.
"During the lending boom, most mortgages were flipped and sold to another lender or servicer or sliced up and sold to investors as securitized packages on Wall Street," explains the Consumer Warning Network. "In the rush to turn these over as fast as possible to make the most money, many of the new lenders did not get the proper paperwork to show they own the note and mortgage. This is the key to the produce the note strategy."
Watch the CNN video (above) to get a better idea about why Kaptur is so angry at the banksters and how to hold the vultures accountable. She says if you can’t afford to hire a lawyer, legal help is available through a number of organizations including legal aid and Advocates for Basic Legal Equality.
Related posts:
- Marcy Kaptur to Vote “No” on the Supplemental
- Bursting the DC Bubble with Public Meetings Back Home
- Eric Cantor Says Stimulus Bill Failed, Except That Whole Creating Jobs in His Home State Part
- Bad Distribution of Income Led to Great Depression: History Repeats in 2008
- Boehner Enlists Bloodhound to Look for Stimulus Jobs, Forgets They’re in His Home State





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ZED!!
Howie, you are spot on. My friend confronted a WaMu customer service agent, asking if there was such a bailout available for him as there was for WaMu. She replied, not that she knew of. He said, well, call me when there is one, because right now I have NO MONEY for you. God help us all.
Hey everyone! DIGG is open! PLEASE DIGG and comment. This news needs wider coverage in MSM!
Wowie Howie, McCaskill! Kaptur! Depend on women to inject some reality, shake things up.
I love it “stay in your House” and make them produce the “Note”. With all the finagling you spoke about how these mortgages were flipped and flopped that is the best strategy for keeping your home and negotiating a much better deal that the home owner can afford. If they hadn’t been sweet talked into these toxic mortages in the first place none of this shit wouyld be happening1
I think the banks should all take the financial hit and bite the bullet and give these home owners a decent way to keep their homes! Let them write off the losses. We already gave them billions. It the least they can do for the money!
Oh and as for their salaries I completely agree cap them with no bonuses until they pay back every red cent they got from the Taxpayers of this country!!
They are all freaking VULTURES!
Off topic but you might want to vote in poll a Media Bistro on who should host the new show on MSNBC following Rachel.
Dugg! What about you??? you know it is as easy as clicking on the link!
Yeah!
Thanks, Howie.
Banks should lower the loans to what the homes are actually worth now after all Thats what they would get in bankruptcy.
Besides who wins if they foreclose the banks will want to sell to consumers again if they don’t have a bankruptcy wrecking their credit.
That plus the banks got enough money from the bailout. This is what the bailout money was suppose to be for.
Dugg! oh and I voted for Michael Moore!
I’m one of the lucky ones… Got an adjustable rate mortgage shortly after relocating to Northwest Arkansas. That was late 2003. Late 2006, when the penalty period was just about over, I decided it was time to re-fi into a fixed mortgage. That was November, 2006. Found a fixed rate FHA loan… 6% or thereabouts. January 1, 2007 I was laid off. It was 4 weeks until closing. Thankfully, I was awarded 4 weeks severance pay. If I hadn’t had that cushion, I would not have been able to close.
That’s the good news. The bad news is that CitiMortgage holds my note.
Bastards
Damm even I am surprised about how angry people are getting! And its just the beginning unless Obama moves fast on a Better Stimulus plan than he has now!
Maybe Obama should just lower and freeze all mortgage rates?
Saving banks not so popular helping homeowners Very Popular!
I want the GOP on C-Span filibustering this so we can use it in the next election.
Either we push hard now while people still believe in us or there will not be a second chance at bat.
Kaptor and McCaskill are leading a long overdue campaign of stand up and shame the bastards. What we’ve been watching on Wall Street too long is the obscenity of what is allowed [I almost said legal, but I’ve got a hunch that those who wanted to could come up with a legal case to stick on these greedy hogs.]
Sunday NYT columns are up and Dowd’s come up with demanding disgorgement. Make them, the bonus babies, give it back.
Rich has a strong column on the Republican rush to the bottom. And speaking of women, how about Campbell Brown challenging Rush to a debate. Sure it’s about ratings and theatre. But it part of the new world order, too.
We shall yet overcome….
TCU with the hambone!
;~P
agreed. now is the time to take no prisoners. push them over the cliff.
stand UP america.
Machiavelli suggests doing things that are the hardest early during your reign once and permanently so as to get them done and over.
Taking over the Banks to save homes, National HealthCare, end the war in Afghanistan to pay for National HealthCare’s upfront costs until the savings start to come in, retooling the Big Three to make hybrid cars all this has to be now.
Before the GOP gets a plan together.
Then if we are right about our ideas the GOP will be stuck arguing and lying about popular programs that work.
Right now GOP lies spread doubt about our ideas before we can even try them.
Lets change the terrain of this battle to our liking. Lets let the GOP fight a battle thats already over!
The leading case is In re Foreclosure Cases, from the northern district of Ohio, which probably explains Kaptur’s outrage. The court required the bank to produce evidence that it owned the note, and apparently would accept an assignment. Actually, the person who is trying to foreclose has to be the “holder” of the note, which is the named person in the case of a note payable to order of a named person, or the person in possession of a bearer instrument. You can only transfer a note by negotiation, which means endorsing the original.
All courts agree on this, there are no cases to the contrary. You would be amazed at how hard it is to find the original note, and a surprising number are gone. No one can find them.
This gives the lawyers something to work with in court. And even a pro se person could deal with it if someone explains this stuff.
I am very glad the women are standing and voicing their concerns! It is about time that MSM pays attention to women and their issues that they face.
this is what we need. i learned a long time ago. never get a woman angry. it’s big trouble.
I can’t believe that all this is happening before my very eyes. It does feel like revolution.
Just one thing – there are plenty of us who did not buy houses we couldn’t really afford who are having trouble making ends meet. We are expected to pay the banks while they still get to pay themselves with my money. So yeah, I am pissed, too.
I am shocked, shocked. All these kompooters and the smartest guys in the world, and the paperwork gets “lost”. Mistakes can happen and the investment bankers are people too. Perhaps not exactly people, but close to people. Certainly the investment bankers do make mistakes. Trillions of dollars worth of mistakes.
Way to go Marcy and Claire! But, why would these “people” lose the paperwork on a mortgage? These are important documents after all. There is something missing in the “Financial Meltdown” story.
The GOP lost Dowd? First Tweety and now Dowd?
Is Rush the GOP’s new leader because he is the biggest and or only guy they have left?
The 22%ers are all the GOP is trying to appeal to now?
Things are worse than I thought for the GOP!
One of the reasons the paperwork is so lousy is greed: the people in charge paid squat to their workers, whose attention to detail was equal to their pay.
Tweety and MoDo are fairweather fans.
True we have to be careful about all our new friends.
i’ll tell you how they lose it. back in the early 80s i was out of work and got a temp job that involved a bank merger/takeover. here is what they had me do (i am not a realestate person/lawyer)…
i had to certify that all documents regarding a huge clump of mortgages were in order. There were 6 of us. they gave us a check list and the individual folders. for those of you who have not bought a house, the paperwork is/was crazy. the buyer took my word for it that my judgement was sufficient for the task. i was paid minimum wage.
it was a scam.
correct. see 30.
The Woman are leading this Charge Now I want Obama to follow! Rahm must be so angry he is losing control of the message.
Rahm only thinks he understands Machiavelli I think he read the Classic Comics version or Cliff Notes!
Funny the Banks hoisted on the GOP’s cheaper labor Petard:)
Great and timely post, Dugg it. Have a couple of friends getting foreclosed and I’m pretty certain in the one case that paper has been traded like the cheap whore it is.
thers upstairs
We haven’t made a mortgage payment in six months. The bank came to us with an offer of 25% off of the balance with a fixed rate of around 5%. We don’t know yet if we qualify. I am hesitant to take it. I think the house is worth less or why would they offer us what they did. The new balance is $245,000. There are condos around the corner not selling for $80,000. I think my neighborhood is in big trouble. And it is f’ing hot in the summers here and we are having a drought.
The New Left educated middle class, upper middle class white women. It seems the angry White Males have run out of ideas so its the women’s turn:)
The social dynamics of this revolution are quite interesting.
Back in September I wrote an Oxdown Post.I suggested that the best way to produce liquidity for the banks ,would be for the banks to re-negotiate the terms of these sub-prime mortgages.Doing this would help make it easier for homeowners to pay their mortgages and produce the liquidity that the banks needed.Another advantage would be to that home values would stop dropping and begin to rise.
Of course this is not what we got,we got a bailout so rich Ceo’s could make their yacht payments,man I’m so glad Bush and his pals are done
Talk to the Lawyers at the Lake they might be able to give you an opinion or refer you to someone.
Heck that is how they sold the bailout before the election to us.
Howie,
First you did a bang up job with your candidates an even managed to get money out of poor me.
I question the notion of:
The American dream of home ownership
I am an American and this is not a dream of mine. For one not having lots of money to plunk down to buy one I saw a mortgage as a type of indentured servitude where some bankers were making money because I need a place to live. YUCK.
Sure it represents a kind of independence. My house is my castle and get off my property mentality.
But I actually prefer the freedom that renting offers… and the absence of having to take care of property and using more land than I need to live on and so on and so on.
As you can see the so called American dream has become a nightmare that millions of Americans have to LIVE each day.
Housing is not an investment. It is a right and the mortgage model is a capitalist’s wet dream.
Anybody?
Seems reasonable. I guess people love to shop, so maybe shopping for mortgages is fun!!!
But I think that the stimulus package should level the rate for everyone. If a bank can offer a good rate for one person, why not another. I do understand that risky loans are problematic, but then either don’t loan, or loan at a flat 2% difference.
I’m in the same boat as you but it’t only been two months since I made a payment ,this on my new modified loan
at 10 3/4 %
The bank just sent a new modification package (on their own ) slashing my rate to 9% and addind another 17000 in principal to yhe total .
I sent it back un-signed I think I’ll try the squatter option next !
We shall.
That is a suck ass proposition. What is the Fed rate right now? And they want you to pay 9%. Fuck ‘em. And if you don’t have the money now will you have a little less next month to make the payment? What is the likely hood of the job situation getting worse, real estate going down more, and the financial industry finally coming “clean” with the real amount they have lost?
“The Woman are leading this Charge Now I want Obama to follow!”
Colbert famoustly sez reality has a liberal bias, so do women have a liberal bias…by some points in elections so far. The repugs have actually lost but don’t really know how badly yet. We have growing numbers of the talented, energetic and reality based women on our team and they don’t, simple as that imo.
Not to be complacent just confident about the future.
The reverse musical chairs is not going to sell off all the foreclosed homes. When a family leaves a foreclosed home it is unlikely that they will buy another home or be able to afford it. This begins to sound like homes without families living in them owned by banks.
Ain’t them banks lucky owning all that real property. Ya know the collateral they own when they give you a loan.
I suppose what will happen is that families will begin to live together again and not spread out all over the place. We will see more people per unit and lots of empty homes at this rate.
I’m hoping I can hold out till some sort of legislation is passed that lets bankruptcy judges modify loans.
I’ll use what little money I have to hire an attorney and drag this out in court for ever I’ve owned my house for 25 years the banks not taking it without a fight
Empty houses-not so great.
Extended families-great idea.
We already filed for bankruptcy in ‘03 due to medical bills. We have been hit by all of the repug bullshit in this house except having loved ones go to war. Illness, student loans, job loss, katrina, no health insurance, blah blah blah.
My neighbors been trying to seel his house for over a year now
I wonder if my bank thinks my house will sell any faster
read this:
” I believe in worldwide Ponzi schemes and universal gullibility. I believe that reckless lending can be cured by reckless borrowing and that fraudulent borrowing can be healed by fraudulent lending. I believe that a housing bubble fueled by loose credit can be corrected by easing credit. I believe that each trillion of hallucinated dollars that disappears in a puff of Wall Street smoke then always reappears magically from behind a Treasury Department mirror.
I believe in America’s almighty financial geniuses and monetary officials, who destroy wealth indiscriminately and indefinitely, and whose kingdom shall have no end. It is divine justice that those who cause financial catastrophes are rewarded with public money, while innocent bystanders are punished in their stead. I believe that central banks can print all the money anyone will ever need. I believe that if one stimulus package does not work, the next one surely will.
I believe in the redeeming power of financial complexity. I believe that hedge funds and sovereign wealth funds are righteous to enter into incomprehensible contracts having convoluted ownership and no inherent value. And I believe that opaque, secretive companies which pretend to insure those investments are offering a valuable service, even if this requires the use of public money.”
~~~ModNote: Always provide a link when quoting outside material, when possible. And keeping your excerpts at or below 200 words keeps FDL within FairUse guidelines. Thanks.~~~
Unfortunately bankruptcy is” my ace in the hole “,I just hope it works I have one debt ,my mortgage
My replacement is here ,my workday is officially over .
Be back in 30 mins. !!
bye!
dugg!
awesome, Howie.
nighty night all.
:)
Ohio is a mortgage state, in Ohio one has a mortgage. California is a note and deed of trust state.
Is the “show me the note” valid in California? In California Title to the property is hypothecated to the trustee, who is the foreclosing entity, acting on the borrower’s instructions.
Is EW of bmaz there to answer this? Or must I ask my attorney (which I will Monday).
One debt, and its hard to file bankruptcy. Loose the house (a non-recourse loan I hope), and now you hve no debt (no roof either).
That’s our Congresswoman….and she will be there for her communities!
I still haven’t figured out why the idea of using the “bailout” money to pay off the mortgages of people like these is so off-the-wall. We’re throwing around trillions of dollars, and we might be able to do a great deal of good for ten million households at $100,000 each. Adjust the figures to suit … It certainly might prevent a lot of suffering and, since people seem to care about it, expense to society to have people living in their own homes instead of bunking in tent cities and under bridges, gettin sick, turning to crime, removing their talents from the job pool — and on and on.
I am a liberal Deomcrat, but I can’t for the life of me understand how it is fair to people who bought a house they could afford, and are making the payments, to give those who can’t make the payments, either a write down of the mortgage, or an interest rate below market. Look at it this way: say my neighbor and I each bought roughly the same house, at the roughlysame time, for roughly the same amount, with roughly the same mortgage. I make all my payments on time. He, on the other hand and for whatever reason, can’t. Let’s say we live in California and the houses were both bought for, say, 800,000. Let’s say the bank is forced to write his value down to 500,000. Let’s say we both sell our houses in 10 years, again for the same price, say for 500,000. At that point I owe 600,000, he owes 300,000. He would receive a 200,000 windfall, paid for in part by me. I would have to pay 100,000 to get out. I can promise you he won’t be at my door, offering to pay the 100,000 out of his profit. How is that in any way fair? It’s not.
The only way out of this mess is for a judge to look at each and every case individually. If a criminal act was committed, then the criminal should be made to make the victim whole. If the government contributed to the criminal act, either by way of failing to enforce the law, or actively assisting the criminal, then the government should be made to pay an amount equal to their share in the crime.
Just making a blanket law that says anyone in trouble gets their interest or their loan reduced, is wrong.
Although, if I thought I could get away with it, I would stop making my payments and say produce the note, as well. If the bank screwed up so bad that they cannot prove they own the mortgage, then I guess there’s not much to say other than, the homewoner basically won the lottery…
Yes, the note strategy is applicable in deed of trust states. My comment at 21 explains why. The issue is who holds the note, not the way the security interest in the house is set up.
and the friggin countrywide dude in charge made like 400 million, sick
As an Ohioian, I love Kaptur’s approach. This starts happening nationally, I would imagine the banking industry will be turned on it’s head and start begging for regulatory measures.