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  <title>Richard Zombeck</title>
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  <updated>2013-05-22T09:17:44-04:00</updated>
  <author>
    <name>Richard Zombeck</name>
  </author>
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<entry>
    <title>Get to Know Yourself -- It's Masturbation Month</title>
    <link rel="alternate" type="text/html" href="http://www.huffingtonpost.com/richard-zombeck/get-to-know-yourself-its-_b_3290255.html"/>
    <id>tag:www.huffingtonpost.com,2013:/theblog//3.3290255</id>
    <published>2013-05-20T18:39:46-04:00</published>
    <updated>2013-05-20T18:46:57-04:00</updated>
    <summary><![CDATA[One night, when I was about 13-years-old, my dad caught me doing unspeakable things to myself and said, "You know, if you keep that up you're going to go blind." And I said, "Dad, I'm over here."]]></summary>
    <author>
        <name>Richard Zombeck</name>
        <uri>http://www.huffingtonpost.com/richard-zombeck/</uri>
    </author>
    <content type="html" xml:lang="en" xml:base="http://www.huffingtonpost.com/richard-zombeck/"><![CDATA[One night, when I was about 13-years-old, my dad caught me doing unspeakable things to myself and said, "You know, if you keep that up you're going to go blind." And I said, "Dad, I'm over here."<br />
<br />
I've been telling that joke since I was 19-years-old, working in a bar, trying to get tips. It landed every time, probably because most people can identify with the premise. Not the idea of getting caught, but that it's something that everyone does, no one admits to, and almost nobody talks about. And if they do, it's in jokes, horror, or very quietly with your best friend with whom you've entered into some sort of mutually agreeable suicide pact. After all, we've been told that masturbation will: make you go blind, stunt your growth, make you go insane, give you hairy palms, give you acne, and according to some, will send you straight to Hell, regardless of how many charities you donate to or lepers you cure.<br />
<br />
As Jenne Davis of <a href="http://www.clitical.com/female-masturbation.php?page=masturbation-myths">clitical.com</a> puts it:<br />
<br />
<blockquote><br />
Of course if that were true, half the world's population would be blind dwarfs with acne and hairy palms because surveys suggest that over 80 percent of women and 99 percent of men masturbate or have masturbated at some time in their lives.<br />
</blockquote><br />
<br />
You would think that the jokes, stigmas and myths would be a part of the past, like thinking you can get pregnant from a toilet seat, or that green M&amp;amp;Ms make you horny.<br />
<br />
And yet, here we are, in the 21<sup>st</sup> century seemingly heading to the 1800s which brought us such pundits as Sylvester Graham, as in Graham Crackers, who toured the country warning people about "self-pollution" and John Kellogg (Rice Krispies and Froot Loops), who on his honeymoon wrote, "Plain Facts for Old and Young, a warning on the evils of sex." <a href="http://www.clitical.com/female-masturbation.php?page=masturbation-history">Hat tip to clitical.com for a terrific history lesson</a>.<br />
<br />
Back in the day, and not that long ago, <a href="http://www.ranker.com/list/top-10-most-brutal-anti-masturbation-devices/robert-wabash?format=SLIDESHOW&amp;amp;page=1">devices were invented and the U.S. patent office has nearly 200 of these devices, specifically created to dissuade young horny kids from inadvertently feeling good</a>.<br />
<br />
On the other hand, there's an entire culture and community of "sex positive" people and groups, that I have spent the better part of the week talking to about masturbation, because this month, May, happens to be Masturbation Month. According to the press release from <a href="http://www.goodvibes.com/?kbid=188225" target="_blank">Good Vibrations</a>:<br />
<br />
<blockquote><br />
National Masturbation Month is still a necessary reminder that self-satisfaction is a healthy, accessible form of pleasure engaged in by almost everyone, of every gender and relationship status, at some time of (or throughout) their lives: It's relaxing, allows people to learn more about their own sexual response, is a basic recommendation of sex therapists that can help people with many different sexual concerns, relieves menstrual cramps, and helps keep the genitals fully functional.<br />
</blockquote><br />
<br />
It all started, according Carol Queen, PhD, Good Vibrations staff sexologist and one of the originators of the National Masturbation Month concept, in 1995 when President Bill Clinton fired the Surgeon General <a href="http://en.wikipedia.org/wiki/Joycelyn_Elders">Joycelyn Elders</a> for what the far right seemingly considered crimes against humanity. Elders opined about masturbation being addressed in sex education curricula.<br />
<br />
<blockquote><br />
I think that it is something that's part of human sexuality and it's part of something that perhaps should be taught. But we've not even taught our children the very basics. And I feel that we have tried ignorance for a very long time and it's time we try education.<br />
</blockquote><br />
<br />
The movement has since spawned such events as <a href="http://www.huffingtonpost.com/2013/05/01/masturbate-a-thon-2013_n_3192430.html?ncid=edlinkusaolp00000003&amp;amp;ir=Gay%20Voices">Philadelphia's first Masturbate-a-Thon</a>, <a href="http://www.huffingtonpost.com/2012/12/03/chinese-wankathon_n_2232063.html">China's World AIDS Day Masturbation Contest</a>, and since 2000, the <a href="http://www.sexandculture.org/">Center for Sex and Culture's</a> (CSC) annual masturbation event. This year, the CSC, will join together with the "Jack-and-Jill-Off." The event, billed as, "a collaboration between the San Francisco Jacks and women from the Institute for Advanced Study of Human Sexuality. Intended to be a safer sex event that made it possible for people of every gender and orientation to enjoy a group sex environment without concern for HIV," <a href="http://www.sexandculture.org/">will be held in San Francisco</a>.<br />
<br />
When I was contemplating writing this piece I immediately started thinking up fake names I could use for myself. I also spent more than my fair share of time staring at a list of sex experts and bloggers who had expressed an overwhelming desire to speak to me about this. I was pretty sure, that as soon as I made my first phone call I would immediately be transformed back into to <a href="http://www.bluzink.com/sex/39-coming-out-of-my-daddy-s-closet">that giggling middle school kid who had discovered his dad's Playboy collection</a>.<br />
<br />
I made my first phone call and before I knew it I was into my second day of chatting about masturbation with bloggers, doctors, and experts from all over the country. What I though was going to be a string of clinical reasoning and rationale for the physical benefits of self-pleasure, turned out to be some fascinating, enlightening conversation about just being human.<br />
<br />
As <a href="http://www.charlieglickman.com/blog/">Charlie Glickman PhD in Adult Sexual Education</a>, put it, "We could talk about the physical, psychological and emotional benefits to this, but the bottom line is, it feels good and doesn't hurt anyone. It's so incredibly common and yet it's vilified."<br />
<br />
While there are plenty of proven health benefits to masturbating, such as germ avoidance, stress relief, improved circulation, good prostate health, aleviating cramps and PMS symptoms, and curbing insomnia, the overall theme in all the conversations I had was more about the personal pleasure and benefits to relationships.<br />
<br />
Walker Thornton, who runs the self-named blog, "<a href="http://walkerthornton.com/lets-celebrate-its-national-masturbation-month/">Walkerthornton.com</a>," and writes a regular column for <a href="http://betterafter50.com/2013/05/national-masturbation-month/">betterafter50.com</a> writes:<br />
<br />
<blockquote><br />
People have been masturbating since the beginning of time; in recent years there has been a movement to make masturbation a more visible and acceptable form of sexual expression.<br />
</blockquote><br />
<br />
Thornton started writing about sex for the over-50 crowd after hearing from other women in their 50s and 60s who had never experienced an orgasm -- alone or with a partner.<br />
<br />
"It happens more than woman my age are willing to admit," Thornton said from her Virginia office.<br />
<br />
Sarah Jayne, of <a href="https://unboundbox.com/">unboundbox.com</a>, a website that offers quarterly subscription box of products, erotica, and thoughtful guidance, explained, "Most products we feature are partner agnostic and we had originally created them for couples, but more women wanted items they could use themselves. They want to know themselves and help their partner to better know them."<br />
<br />
Another blogger, JoEllen Notte from <a href="http://www.redheadbedhead.com/">readheadbedhead.com</a>, focuses on the potential benefits masturbation can offer to people in a committed relationship. As her site's tagline reads, "On a mission to save the world from mediocre sex,"<br />
<br />
"What feels good? This does! I know because I've tried it," Notte said from her Oregon office. She goes on to say,<br />
<br />
<blockquote><br />
People have this impression that you're supposed to know everything about each other and be able to make each other feel good. We all know what feels good, we need to get better about telling each other. You wouldn't try to put up a bookshelf without talking, right?<br />
</blockquote><br />
<br />
The month of May has been, for nearly two decades, the month to celebrate masturbation. It was started, in part,<a href="http://www.goodvibes.com/?kbid=188225" target="_blank"> by a knowledgeable, high-quality and comfortable "toy store" in California, Good Vibrations</a>, and the movement has blossomed into a worldwide event.<br />
<br />
In an era of repression and what some have called a war on women and sexual freedom, maybe events and movements like Masturbation Month will help us to get back to things that are good for us, feel good, and help us better understand each other and ourselves.]]></content>
</entry>

<entry>
    <title>Try Saying That in Boston, Gun Nuts</title>
    <link rel="alternate" type="text/html" href="http://www.huffingtonpost.com/richard-zombeck/wayne-lapierre-boston-guns_b_3226955.html"/>
    <id>tag:www.huffingtonpost.com,2013:/theblog//3.3226955</id>
    <published>2013-05-07T08:56:32-04:00</published>
    <updated>2013-05-07T08:56:37-04:00</updated>
    <summary><![CDATA[Bostonians opened their homes to runners who were stranded, donations have come in from all over the world to help with medical bills and the alleged criminals have been caught. The gun nuts, however, would have preferred a marauding band of gun-toting Bostonians roaming the streets looking for something to shoot.]]></summary>
    <author>
        <name>Richard Zombeck</name>
        <uri>http://www.huffingtonpost.com/richard-zombeck/</uri>
    </author>
    <content type="html" xml:lang="en" xml:base="http://www.huffingtonpost.com/richard-zombeck/"><![CDATA[Apparently the GOP and the gun nuts funding them have decided that not being the party of stupid, as Louisiana Governor Bobby Jindal suggested, is not for them. It's not even on the horizon. In fact, they've served up a whole new flavor of lunacy these days. The Boston Marathon bombing that left three dead and 140 injured is the latest fodder for the right wing lunatics to make obscenely idiotic remarks.<br />
<br />
The latest in a long line of these comments was NRA Executive Vice President Wayne LaPierre, who on Saturday <a href="http://www.huffingtonpost.com/2013/05/04/wayne-lapierre-boston-marathon-bombings-guns-nra_n_3215449.html">asked</a>, "How many Bostonians wish they had a gun two weeks ago?"<br />
<br />
He was, of course referring to the way Bostonians were, as he put it, "frightened citizens... sheltered in place with no means to defend themselves."<br />
<br />
I'm not sure that running a marathon with an assault rifle strapped to your back is a good idea. And exactly what does LaPierre think armed runners would be able to do against a bomb?<br />
<br />
<a href="http://home.nra.org/pdf/waynelapierre_130504.pdf">LaPierre goes on</a> with his ridiculous comments:<br />
<br />
<blockquote>Imagine living in a large metropolitan area where lawful firearms ownership is heavily regulated and discouraged. Imagine waking up to a phone call from the police, warning that a terrorist event is occurring outside and ordering you to stay inside your home.</blockquote><br />
<br />
Yeah, imagine that? Then imagine the Boston Police department protecting the people of Boston, <a href="https://en.wikipedia.org/wiki/Second_Amendment_to_the_United_States_Constitution">like a well-regulated militia</a>, while homemade bombs were thrown at them and over 200 shots were fired.<br />
<br />
You can watch his full speech <a href="http://www.bluzink.com/politcs/55-try-saying-that-in-boston-gun-nuts">here</a>.<br />
<br />
Imagine the bombs exploding during the Marathon and they, along with other first responders, ran towards, not away from the scene.<br />
<br />
Brookline police officers brought milk to a family with very young children during the lockdown -- maybe an example of the fascist state LaPierre wants you to believe is inevitable. Boston cops spent hours combing the city of Watertown and managed to take the suspect in without additional loss of life and not one cop lost their life defending public safety.<br />
<br />
LaPierre's not the only right-wing loon to insinuate that Bostonians are little more than liberal, hippy, wimps. On April 19, just four days after the bombing, Nate Bell, a state Rep. from Arkansas, thought it was acceptable to insult nearly 381,000 American's from thousands of miles away with <a href="http://www.huffingtonpost.com/2013/04/19/nate-bell-tweet-boston-_n_3116480.html">this tweet</a>:<br />
<br />
<blockquote>I wonder how many Boston liberals spent the night cowering in their homes wishing they had an AR-15 with a hi-capacity magazine?</blockquote><br />
<br />
This incredibly idiotic and insensitive tweet came after gun legislation failed in the Senate. Congress threw out a big "eff you" to 90 percent of the people in this country calling for stricter gun regulation and to the parents, whose kids had been riddled with bullets as they stood in Congress and watched the vote.<br />
<br />
Bell's tweet went out while Boston was still in lockdown, before the manhunt had ended. A major American city was under attack and a public official chose to accuse its people of "cowering."<br />
<br />
As Mike Dillon commented on Facebook:<br />
<br />
<blockquote>There is a HUGE buffer zone between Arkansas and Boston that affords Rep. Bell the convenience to allow those utterances to escape his apparently well-exercised pie hole. I can't help but wonder if he'd make it out of Faneuil Hall w/o being significantly bloodied if he made that statement there. If it was made in Southie, he wouldn't be able to get his hand up to hail a cab let alone run for the T.</blockquote><br />
<br />
Boston is not a city that cowers. The doctors, nurses, EMTs didn't cower as they witnessed and faced war-like injuries and amputations. The cops didn't cower. The first responders didn't cower as they ignored instinct and ran towards the blast. The residents of Boston didn't cower. They took required safety precautions and stayed out of the way of the Police who were doing their job.<br />
<br />
Bostonians opened their homes to runners who were stranded, donations have come in from all over the world to help with medical bills and the alleged criminals have been caught.<br />
<br />
The gun nuts, however, would have preferred a marauding band of gun-toting Bostonians roaming the streets looking for something to shoot.<br />
<br />
What these ignorant blowhards and the whack jobs who follow them seem to forget is that if it weren't for all those wimps in Boston there may never have been a United States of America, a Constitution, or a second amendment. There sure as hell wouldn't be a Tea Party.]]></content>
    <link href="http://i.huffpost.com/gen/1124101/thumbs/s-WAYNE-LAPIERRE-mini.jpg" type="image/jpeg" rel="enclosure"/>
</entry>

<entry>
    <title>It's Business As Usual When It Comes to Foreclosure</title>
    <link rel="alternate" type="text/html" href="http://www.huffingtonpost.com/richard-zombeck/its-business-as-usual-whe_b_3197538.html"/>
    <id>tag:www.huffingtonpost.com,2013:/theblog//3.3197538</id>
    <published>2013-05-02T08:25:41-04:00</published>
    <updated>2013-05-02T15:22:49-04:00</updated>
    <summary><![CDATA[Five years after the near complete financial meltdown of the economy in this country, nothing has really changed. Despite the billions of dollars in settlement fees the banks have shelled out, bad press, and loss of trust, it's pretty much business as usual. Actually, it's more blatant and brazen than ever.]]></summary>
    <author>
        <name>Richard Zombeck</name>
        <uri>http://www.huffingtonpost.com/richard-zombeck/</uri>
    </author>
    <content type="html" xml:lang="en" xml:base="http://www.huffingtonpost.com/richard-zombeck/"><![CDATA[Five years after the near complete financial meltdown of the economy in this country, resulting in millions of people losing their homes, nothing has really changed. Despite the billions of dollars in settlement fees the banks have shelled out, bad press, and loss of trust, it's pretty much business as usual. Actually, it's more blatant and brazen than ever.<br />
<br />
Remember HAMP? What about HAMP 2.0? The mortgage modification programs the administration paraded out as a way to save millions of homeowners from foreclosure? The same program that Tim Geithner, during a congressional hearing, flippantly admitted in 2009 was never meant to help homeowners, but more a way to alleviate the stress of too many foreclosures coming in at once.<br />
<br />
"We estimate that they can handle ten million foreclosures, over time... this program will help foam the runway for them," Geithner said during the hearing, according to Neil Barofsky, the former Special Inspector General of TARP (SIGTARP). In his book, <a href="http://www.amazon.com/Bailout-Washington-Abandoned-Rescuing-ebook/dp/B00818J57W"><em>Bailout</em></a>, Barofsky shows how HAMP's faulty design led to a myriad of problems: trapped borrowers, extended trial payments, no-doc modifications, and eventually unnecessary foreclosures. Barofsky opines in the book that Treasury didn't care about the suffering of borrowers under HAMP and that Geithner's goal was to space out the foreclosures and give the banks time to earn their way back to health -- through the other parts of the bailout, that were more profitable.<br />
<br />
When <a href="http://www.whitehouse.gov/the-press-office/remarks-president-mortgage-crisis">HAMP was released</a> in 2009, President Obama made this pretty wild and apparently idealistic claim to a crowd in Arizona:<blockquote><br />
	<br />
Here's what this means: If lenders and home buyers work together, and the lender agrees to offer rates that the borrower can afford, then we'll make up part of the gap between what the old payments were and what the new payments will be. Under this plan, lenders who participate will be required to reduce those payments to no more than 31 percent of a borrower's income. And this will enable as many as 3 to 4 million homeowners to modify the terms of their mortgages to avoid foreclosure.<br />
</blockquote><br />
<br />
More than four years later, a measly 862,000 homeowners remain in HAMP permanent modifications. As of March 31, 2013, more than 312,000 homeowners have re-defaulted on their HAMP permanent modification, according to a recent <a href="http://www.sigtarp.gov/Quarterly%20Reports/April_24_2013_Report_to_Congress.pdf">report by the office of SIGTARP</a>.<br />
<blockquote><br />
Additionally, SIGTARP is concerned that homeowners are redefaulting on HAMP permanent mortgage modifications at an alarming rate: 46.1% and 39.1% of HAMP modifications from Q3 and Q4 2009 redefaulted, 28.9% to 37.6% from 2010 redefaulted. SIGTARP recommended that Treasury research and analyze the causes of redefaults, develop an early warning system to try and prevent redefaults, and better help homeowners who have redefaulted.<br />
</blockquote><br />
<br />
The report then points out that Treasury does not require servicers to report on the reasons for redefault:<blockquote>Because redefaults are so harmful to all, Treasury should develop a better understanding of why homeowners redefault, and the characteristics of loans that are more likely to redefault. Better knowledge of the characteristics of the loan, the homeowners, the servicer, or the modification, more prone to redefault will increase Treasury's understanding of the underlying problems that cause redefaults and provide Treasury an opportunity to address these issues proactively.<br />
</blockquote><br />
<br />
So Treasury puts out a B.S. plan, gives it a catchy name, like Home Affordable Modification Program (HAMP), admits in a congressional hearing that it was meant to help the banks, and can't figure out why it's failing or why homeowners are now defaulting on the lower payments they were not only offered, but promised.<br />
<br />
Maybe. Just maybe it's business as usual.<br />
<br />
A neighbor of mine told me last week that her servicer changed from Chase to Ocwen a few months ago. Chase had given her a permanent modification in 2009, which she's been paying faithfully. Last year, Ocwen Financial Corporation took over the loan. Not only did they refuse to honor the modification Chase had granted her, they also raised her monthly payments and are demanding back-payments of the "lost income" resulting from the lowered payments.<br />
<br />
<a href="http://www.consumeraffairs.com/news/mortgage-re-defaults-increasing-at-an-alarming-rate-042913.html">The Consumer Affairs website</a> has several stories about other homeowners being granted permanent modifications, now being retracted. Here's another Ocwen story:<br />
<br />
<blockquote>We had a loan modification in place with Chase, then they sold it to Ocwen and several months later, the amount went up by $400. We are attempting to be remodified and everything we send to them is not legible or they never get it. They set up appointments and when you hang up, they say everything is fine, we got all the info. Then one week later, you get a letter saying everything is NOT fine, and you have a week to get the info (and in some cases additional info) that you just sent to them via email to them or else you jeopardize the re-modification. HAMP, this is disgraceful. If they are working in cooperation with you, you need to know that people are being given the runaround.</blockquote><br />
<br />
<a href="http://consumeractionlawgroup.com/">Consumer Action Law Group</a><span> of </span><span>Panzarella, Gurevich, &amp;amp; Rode, (CALG)</span> in California, a member of <a href="http://homepreservationnetwork.com/2012-10-23-03-10-19/trusted-foreclosure-attorneys">the HPN Trusted Attorney Network</a> and dedicated to helping struggling homeowners, recently contacted me with a case that accurately depicts the egregious display of hubris and blatant homeowner abuse by banks.<br />
<br />
According to Lauren Rode, a partner at the firm, Rosa Carrillo, of Bakersfield, Calif., entered into repayment plan with JP Morgan Chase in December 2008. She made payments to Chase since then, totaling nearly $20,000. Chase -- and this is important -- accepted all of the payments. In fact, Carrillo would periodically contact Chase to see if she qualified for a modification and was told repeatedly, by a bank representative, that her case was under review.<br />
<br />
In May 2011, according to Rode, Carrillo was applying for another loan modification through Chase, specifically a Home Affordable Foreclosure Alternative Modification. As far as she knew everything was going well with the loan modification. In typical servicer style, Chase repeatedly asked for documents and Carrillo was honoring their requests.<br />
<br />
This past February, while Carrillo was seemingly in review for a permanent loan modification, she received a notice from Coldwell Banker, which stated that Chase, "on behalf of the owner," was giving Carrillo "options" with respect to the property. Carrillo could either move or rent the property. Despite numerous phone calls -- sometimes several a day, Carrillo could not get a response from Chase about this supposed "owner." Then, in April 2013, Caldwell Banker, on behalf of Chase, arbitrarily changed the locks to the house without going through the proper legal proceedings for eviction.<br />
<br />
Here's the good part: As it happens, the house had been sold by Wells Fargo in September 2008 -- ironically, several months before Carrillo entered into the repayment agreement with Chase.<br />
<br />
Got that? Chase continued to take money from Carrillo for five years and even put her through the painful and frustrating process of a loan modification, when the property had already been sold by another bank, and in the meantime, Carrillo's clothes, furniture, and personal belongings remain locked in the house. What happened to the $20,000 is anybody's guess.<br />
<br />
In a statement via email, Lauren Rode, now representing Carrillo wrote:<blockquote>This is obviously a tremendous mistake, whether intentional or not, on behalf of one of the largest banking institutions in our country. The mistake has been realized given Chase's display of eagerness in ridding the property of current residents to get it on the market and into the hands of a bona fide third party purchaser. Chase's actions -- selling a property in 2008 and not realizing it until 2013; processing close to $20,000 of payments and applying them to a loan that had already been wiped out in a foreclosure sale; and illegally changing locks without the proper eviction proceedings have been outlined in a complaint filed in state court and will be strongly litigated according to the letter of the law to make Rosa Carrillo whole.</blockquote><br />
<br />
And what about the massive $26 billion, forty-nine state settlement the five mega banks <a href="http://www.nationalmortgagesettlement.com/">entered into</a>? The one they pinky swore that they wouldn't engage in anymore robo-signing?<br />
<br />
<a href="http://www.nationalmortgagesettlement.com/about">From the settlement website</a>:<blockquote><br />
	<br />
The agreement settles state and federal investigations finding that the country's five largest mortgage servicers routinely signed foreclosure related documents outside the presence of a notary public and without really knowing whether the facts they contained were correct. Both of these practices violate the law.<br />
</blockquote><br />
<br />
Turns out robo-signing is alive and well too. The Massachusetts Alliance Against Predatory Lending (MAAPL) will be releasing a report in the coming weeks that will show, as most of us suspect, that the banks are still engaging in widespread illegal activity. MAAPL's previous January report shows that all the affidavits filed since the February 2012 settlement agreement are in clear violation of that agreement. <a href="http://bluzink.com/point-of-view/business/it-s-business-as-usual-when-it-comes-to-foreclosure" target="_hplink">You can read the full report here</a>.<br />
<br />
It's not much of a reach to suspect that the big banks are acting illegally, but now there's the research to prove that it's common practice and has spread through essentially all foreclosures, at least in Massachusetts. That being said, it's not much of a reach to assume that Massachusetts is not unique.<br />
<br />
Grace Ross, a coordinator at MAAPL said:<blockquote><br />
	<br />
Not only do I think that people fear that the banks are acting illegally, I also fear that our elected enforcement leaders like District Attorneys, state Attorneys General and the national oversight agencies and courts are going to just let this continue. Well, our report and our taking it to all these elected officials will give them a chance to do the right thing - let's see what they do!<br />
</blockquote><br />
<br />
So, it's pretty much business as usual. Screw the law, screw the agreements, screw the homeowners. Regardless of penalties, payouts, agreements or actual laws, banks will continue to steamroll homeowners and the courts.<br />
<br />
All of this just confirms what was already suspected about the foreclosure settlement. This entire show was orchestrated in an effort to contain the liability of the Too Big to Fail banks. To hell with prosecuting them, give them a slap on the wrist and let them get back to the important work they need to do.]]></content>
    <link href="http://i.huffpost.com/gen/1116575/thumbs/s-FORECLOSURE-mini.jpg" type="image/jpeg" rel="enclosure"/>
</entry>

<entry>
    <title>Petition to Audit the Land Record</title>
    <link rel="alternate" type="text/html" href="http://www.huffingtonpost.com/richard-zombeck/audit-land-record_b_3041225.html"/>
    <id>tag:www.huffingtonpost.com,2013:/theblog//3.3041225</id>
    <published>2013-04-09T08:04:51-04:00</published>
    <updated>2013-04-09T08:04:56-04:00</updated>
    <summary><![CDATA[Land records across the country have been polluted, diluted, laundered and rendered useless by MERS (the Mortgage Electronic Registration System), and Landtegrity.com has posted a petition demanding answers from the White House.]]></summary>
    <author>
        <name>Richard Zombeck</name>
        <uri>http://www.huffingtonpost.com/richard-zombeck/</uri>
    </author>
    <content type="html" xml:lang="en" xml:base="http://www.huffingtonpost.com/richard-zombeck/"><![CDATA[Land records across the country have been polluted, diluted, laundered and rendered useless by MERS (the Mortgage Electronic Registration System), and Landtegrity.com has posted a petition demanding answers from the White House. The <a href="http://landtegrity.com/">site is here</a> and the <a href="http://www.gopetition.com/petitions/mandated-national-land-record-audit.html">petition can be found here</a>.<br />
<br />
One of the paragraphs from the petition reads:<br />
<br />
<blockquote>Our Counties are being robbed of billions of dollars in recordation fees through unrecorded MERS assignments and we the people demand that they be paid. From the first MERS loan to the very last one. These are fees that pay for our policemen, our firemen and our roads and schools and you let the banks plunder it through slight of hand. We demand that these recordation fees NOT be paid with 1 dollar out of the US treasury but rather by the banks who premeditated and perpetrated this illegal MERS sponsored tax evasion and fraudulent foreclosure scheme.</blockquote><br />
<br />
MERS was <a href="http://www.washingtonpost.com/wp-dyn/content/article/2010/12/30/AR2010123003056_pf.html" target="_hplink">purportedly</a> and partially the brain child of Angelo Mozilo of Countrywide and is essentially a scheme that allows banks and servicers to evade fees normally associated with registering mortgages at local county registries of deeds.<br />
<br />
As Matt Taibi of <em>Rolling Stone</em> <a href="http://www.rollingstone.com/politics/blogs/taibblog/an-extremely-long-metaphor-to-explain-mortgage-chaos-20110101">pointed out back in January</a>:<br />
<br />
<blockquote>For those of you wondering why so many localities are broke, here's one small factor in the revenue drain. Counties typically charge a small fee for mortgage registration, roughly $30. But with MERS, ... you don't need to pay the fee every time there's an ownership transfer. Multiply that by 67 million mortgages and you're talking about billions in lost fees for local governments (some estimates place the total at about $200 billion).</blockquote><br />
<br />
In short, MERS enabled the industry to throw mortgages around in their chimp-like poop-flinging frenzy without keeping any kind of paperwork or paying any fees. This has left the sanctity of the land records in every registry of deeds a veritable shambles.<br />
<br />
"This isn't just affecting homeowners in foreclosure," says Jeff Greenberg the founder of Landtegrity, "MERS has polluted the majority of the land records in this country. Everyone should be concerned, especially people who are paying their mortgage and expect to own their home some day."<br />
<br />
Greenberg's efforts have received the attention of county registers around the country and of comedian and social activist Lee Camp who recorded <a href="http://www.youtube.com/watch?feature=player_embedded&amp;amp;v=xJ-IiQVQG3g">this</a> comprehensive and cogent video rant about MERS.<br />
<br />
<center><iframe width="420" height="315" src="http://www.youtube.com/embed/xJ-IiQVQG3g" frameborder="0" allowfullscreen></iframe></center><br />
<br />
Katie Hannah, a researcher with Landtegrity.com, found that there are more than 200 county registrars involved in class action lawsuits against MERS.<br />
<br />
Some notable registrars have already signed the petition and left their comments on the site. Southern Essex County, Mass., Register of Deeds John O'Brien <a href="http://www.huffingtonpost.com/richard-zombeck/mass-registry-of-deeds-a-_b_875884.html">estimates</a> the loss of revenue to the Commonwealth of Massachusetts could be as high as $200 million, and to the nation, possibly in the billions. A couple of years ago, O'Brien audited the records in his own registry and <a href="http://www.huffingtonpost.com/richard-zombeck/mass-register-john-obrien_b_888839.html">discovered</a> that 75 percent of the assignments in the registry are fraudulent.<br />
<br />
<blockquote>My registry is a crime scene as evidenced by this forensic examination. This evidence has made it clear to me that the only way we can ever determine the total economic loss and the amount damage done to the taxpayers is by conducting a full forensic audit of all registry of deeds in Massachusetts. I suspect that at the end of the day we are going to find that the taxpayers have been bilked in this state alone of over 400 million dollars not including the accrued interest plus costs and penalties. </blockquote><br />
<br />
Here's what O'Brien's office had to say when he signed the petition:<br />
<br />
<blockquote>I offer my full support to this effort and will continue to expose fraud in my registry of deeds and will continue working with people like Jeff Greenberg and Richard Zombeck. Our country was founded on protecting its citizens' property rights.<br />
<br />
The Big National Banks are taking this away with the help of settlements for pennies on the dollar by leaders we entrust to protect all of us.<br />
<br />
Mr. President you have the authority to do the right thing and protect the integrity of the land recordation system and stand up for homeowners all across the country and to hold these people accountable. If you do not lead on this crisis then MERS and its shareholder banks will continue to break the law and will do so with impunity.</blockquote><br />
<br />
Nancy Becker, the registrar in Montgomery County, Penn., who also signed the petition, is currently involved in a lawsuit with MERS to recoup lost fees and has a bill (PA HB 942) before the state legislature requiring that any and all fees be paid to the registry anytime a mortgage is transferred between parties or entities.<br />
<br />
"Every recorder I've spoken with has experienced this," Becker said, referring to the abuses of land records, "It's not exclusive to Montgomery County. They [MERS] have treated us equally."<br />
<br />
Another notable rogue activist registry of deeds and author of <a href="http://www.jeffthigpen.com/" target="_hplink"><em>On Point</em></a>, Jeff Thigpen, of Guilford County, N.C., made the following statement when he signed the petition:<br />
<br />
<blockquote>Register of Deeds offices are foundational to our democracy and the rule of law.&amp;nbsp;&amp;nbsp; For hundreds of years these local institutions have helped us establish who owns what and that people are who they say they are. When those two simple concepts are established we gain clarity, transparency, certainty in land transactions. But most importantly, we give lifeblood to commerce and continually secure our common interests in public notice in a free and open society. We must not compromise those values and work together to restore our public land records.</blockquote><br />
<br />
Elected officials who care about their jobs, constituents, and duties are unfortunately a rare breed in today's politics, but there are a few who stand up to corporate bullies and voice their outrage. At times it can feel like screaming in a vacuum. These voices need your support.<br />
<br />
The White House announced that any petition gathering 100,000 signatures will merit a response from the administration. They had initially set the bar at thirty thousand, but when they saw that frivolous requests could meet those requirements they upped the ante and put a time limit on it as well.<br />
<br />
Some might see this is an exercise in futility. Even frivolous and a waste of time. After all, the administration hasn't addressed the foreclosure and land record issue in the last five years, why start now?<br />
<br />
That was my question as well, but while it's entirely clear that no one in Washington has any intention of rectifying, much less addressing the issue of millions of land records diluted and titles clouded, homeowners at least deserve an answer as to why.<br />
<br />
In Switzerland, the law says that any issue can be put to a referendum if it attains 100,000 signatures. Here in America, it gets you a response from the White House if you can do it in 30 days.<br />
<br />
So, here's the deal: pass this around, put it on your site, ask your Facebook friends to sign it. Send it to your registry of deeds, your grandmother, your neighbors, and anyone else you think may be affected by this, which is basically everyone with a roof over their head.<br />
<br />
100,000 signatures shouldn't be too hard to achieve, considering more than <a href="http://www.npr.org/blogs/thetwo-way/2013/01/16/169564305/white-house-death-star-petition-wouldnt-pass-new-threshold">thirty thousand people signed a petition to create a Death Star</a>.<br />
<br />
<a href="http://www.gopetition.com/petitions/mandated-national-land-record-audit.html">Here's the link again</a>.]]></content>
    <link href="http://i.huffpost.com/gen/975758/thumbs/s-PAPERWORK-mini.jpg" type="image/jpeg" rel="enclosure"/>
</entry>

<entry>
    <title>California State Bar May Just be Lazy</title>
    <link rel="alternate" type="text/html" href="http://www.huffingtonpost.com/richard-zombeck/california-foreclosures_b_2523795.html"/>
    <id>tag:www.huffingtonpost.com,2013:/theblog//3.2523795</id>
    <published>2013-01-22T14:44:15-05:00</published>
    <updated>2013-03-24T05:12:02-04:00</updated>
    <summary><![CDATA[Since 2009, the California State Bar has inexplicably taken two fundamentally opposing positions regarding fees for pre-negotiation services which are necessary for a successful loan modification.]]></summary>
    <author>
        <name>Richard Zombeck</name>
        <uri>http://www.huffingtonpost.com/richard-zombeck/</uri>
    </author>
    <content type="html" xml:lang="en" xml:base="http://www.huffingtonpost.com/richard-zombeck/"><![CDATA[Last month <a href="http://www.huffingtonpost.com/richard-zombeck/california-state-bar-leav_b_2241328.html">I wrote a piece about SB-94 in California and how the State Bar out there is running a bit fast loose with its interpretation</a> of how it applies to attorneys.<br />
<br />
In fact, what I wrote was:<br />
<br />
<blockquote>In an unprecedented move that can only be described as stunning ignorance, the California State Bar recently released a legal opinion that will effectively deny legal representation to millions of homeowners faced with foreclosure. The controversy is around SB-94, a law put into effect in 2009 that was meant to protect homeowners from predatory loan modification companies.</blockquote><br />
<br />
A bit harsh? Perhaps, but despite some of the comments and emails I've received I stand by it, because the other possible theory is that the California Bar is evil, paid off, and being bribed. As much as I'd like to write an extensive article about that, there's no real evidence to support that theory.<br />
<br />
According to a number of attorneys I've spoken with on this matter, since 2009 the CA State Bar has inexplicably taken two fundamentally opposing positions regarding fees for pre-negotiation services which are necessary for a successful loan modification. On one hand, the Bar has successfully argued in court that only the negotiation with the lender is covered by SB-94. Now, they are prosecuting attorneys for accepting fees after providing contracted evaluation services, in a manner they previously found acceptable.<br />
<br />
The controversy is so ripe that attorney Robert Scurrah of CDA Law Center filed a Declaratory Relief lawsuit in Orange County Superior Court this past September on the grounds that it violated the 14th Amendment, due process and the equal protection clause of the Constitution because the statute, as applied and in practice, effectively prohibited a homeowner from obtaining legal advice regarding mortgages, since no lawyers would undertake representation if they couldn't get paid. They are asking a judge to determine what the law really says. So, this Thursday a Superior Court Judge will determine and interpret how this law should be applied.<br />
<br />
If the judge agrees with the California Bar's highly questionable take on SB-94 and how it applies to the civil code, homeowners in California will be left to fend for themselves when it comes to mortgages and fraud. Not to mention, they will be at the mercy of scam artists and scumbags bilking them for more money in return for more heartbreak.<br />
<br />
The State Bar, for its part, claims that it is simply trying to protect homeowners from scammers and that it has received "numerous" complaints from homeowners who have been ripped off by attorneys and they have proof.<br />
<br />
Here it is: According to the bar's own press release issued on September 27, 2012, they claim that since 2009 in California, there have been 700 lawyers disbarred. Twenty-two of them were disbarred related to loan modifications -- There's no indication of how many of them were related to SB-94. By the way, the state of California has 37 million residents, 500,000 foreclosures to-date, and over 200,000 licensed attorneys, so 22 in three years isn't as egregious as the bar would like us to believe.<br />
<br />
Additionally, and this is important, since SB-94 has become state law the number of complaints has remained a constant and both the number and size of scams has increased significantly. So why is the bar sticking its nose in this? Particularly since California's Attorney General, Kamala Harris, pushed through the California's Homeowner Bill of Rights which went into effect as of January 1, 2013. It specifically says that homeowners may hire lawyers to represent them in the loan modification process. The bills even provide for a private right of action for certain violations by servicers, which specifically means that homeowners are permitted to sue for damages in these instances.<br />
<br />
There have been thousands of California homeowners who have saved their homes by hiring lawyers to help them get their loans modified. Most tried it on their own and failed. They hired a lawyer and succeeded. CDA Law Center, one if the <a target="_blank" href="http://homepreservationnetwork.com/2012-10-23-03-10-19/trusted-foreclosure-attorneys">Trusted Attorneys on Home Preservation Network</a>, has helped more than four thousand homeowners in obtaining loan modifications from their lender or servicer -- in other words $1.5 billion in home loans for homeowners who are now current on their payments and able to keep their home.<br />
<br />
Of course, we don't hear much from them. They're at home thankful that the ordeal is over and they didn't lose their homes to foreclosure. These people don't come forward and sing the praises of an attorney who essentially did what he was hired to do. All the bar hears is the complaints from disgruntled homeowners who either actually got screwed or, in some cases, didn't get as good a deal as they wanted.<br />
<br />
I've probably spoken to and heard from thousands of homeowners over the last few years and foreclosure is not something most people want to talk about. There's a tremendous amount of guilt and shame we've been conditioned to take on and let's face it, there are still those illiterates who think the entire financial meltdown was somehow caused by greedy homeowners.<br />
<br />
The simple fact is attorneys help homeowners and are more effective and qualified when it comes to negotiating and getting loan modifications for those homeowners.<br />
<br />
Take Susan Crane who played the paperwork shuffle with Chase for over a year after being told, by Chase, that she would have to stop making her payments in order to qualify for a modification. After being turned down she hired CDA Law Firm.<br />
<br />
"I am so grateful to the people there. They held my hand and wiped away my tears," the 70-year-old Rancho Santa Margarita woman says. "I truly believe I wouldn't have my home if it weren't for them."<br />
<br />
And there's Sandy Sepulveda, whose husband's plumbing business slowed down when the economy tanked. She was also told by her bank that she would have to stop making payments before anyone would consider them for a modification. Reluctantly, she did, applied for a modification, sent in endless amounts of paperwork for the better part of a year and was eventually denied and facing foreclosure.<br />
<br />
"I couldn't have done it without CDA," Sandy says. "It's a shame that they have to cluster the good with the bad, when the good are helping people who need it."<br />
<br />
<a href="http://www.cdalawcenter.com/testimonials/">You can read more testimonials here</a>.<br />
<br />
And yet, the California State Bar wants to make it virtually impossible for homeowners to get this kind of help.<br />
<br />
You certainly don't see Michelin or Zagat closing down restaurants all over the state because a handful of people complained about the food or the service in one establishment. They rarely drop a star without investigating, because even they know that some complaints are without merit and people are more likely to complain about a bad experience than they are to give kudos when they have a good experience -- particularly when that's the whole idea. Even the board of health conducts an investigation and comes to its own conclusion when they get a call.<br />
<br />
The actions of the bar when it comes to SB-94 and attorneys may not be the actions of an evil or corrupt organization, which would make for a better story. It is, however, looking more like an organization that is fundamentally lazy, ignorant, and unwilling to investigate what's going on in the trenches and how their actions will cause more harm to homeowners who have taken the brunt of the financial meltdown.]]></content>
    <link href="http://i.huffpost.com/gen/671883/thumbs/s-CALIFORNIA-FORECLOSURE-PROTECTION-mini.jpg" type="image/jpeg" rel="enclosure"/>
</entry>

<entry>
    <title>California State Bar Leaves Homeowners to Fend for Themselves</title>
    <link rel="alternate" type="text/html" href="http://www.huffingtonpost.com/richard-zombeck/california-state-bar-leav_b_2241328.html"/>
    <id>tag:www.huffingtonpost.com,2012:/theblog//3.2241328</id>
    <published>2012-12-05T14:39:04-05:00</published>
    <updated>2013-02-04T05:12:01-05:00</updated>
    <summary><![CDATA[In an unprecedented move that can only be described as stunning ignorance, the California State Bar recently released a legal opinion that will effectively deny legal representation to millions of homeowners faced with foreclosure.]]></summary>
    <author>
        <name>Richard Zombeck</name>
        <uri>http://www.huffingtonpost.com/richard-zombeck/</uri>
    </author>
    <content type="html" xml:lang="en" xml:base="http://www.huffingtonpost.com/richard-zombeck/"><![CDATA[In an unprecedented move that can only be described as stunning ignorance, the California State Bar recently released a legal opinion that will effectively deny legal representation to millions of homeowners faced with foreclosure. The controversy is around SB 94, a law put into effect in 2009 that was meant to protect homeowners from predatory loan modification companies.<br />
<br />
As with any crisis, when people are in trouble or desperate, other people jump into action to take what little money those desperate people have left. While SB 94 was little more than an imperfect knee-jerk reaction to systemic fraud, it was supposed to protect homeowners from scammers who promised to get loans modified, took hefty upfront fees, and were never heard from again. These scumbags were generally former mortgage brokers, also known as Department of Real Estate Licensees (DRE), looking to make up some of the losses from the meltdown by recycling the suckers they had sold homes to during the drunken housing orgy.<br />
<br />
Here's where it gets a little confusing, so stick with me:<br />
<br />
SB-94 amended <a href="http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=bpc&amp;amp;codebody=&amp;amp;hits=20">California Business &amp;amp; Professions Code (B&amp;amp;P Code) 10026</a> for DRE licensees and created <a href="http://law.onecle.com/california/civil/2944.7.html">Civil Code #2944.7 which applies to attorneys</a>. In both cases the language prohibits the charging of advance fees and says, "fully perform each and every service the licensee contracted to perform or represented they would perform" prior to collecting fees.<br />
<br />
The legislation also took it up a notch in respect to DRE licensees by prohibiting them from breaking up the services and charging for those. It is explicit:<blockquote><br />
The term "advance fee" as used in this part is a fee, regardless of the form, claimed, demanded, charged, received, or collected by a licensee from a principal before fully completing each and every service the licensee contracted to perform, or represented would be performed.<br />
</blockquote><br />
<br />
This next part only appears in the B&amp;amp;P Code:<blockquote><br />
Neither an advance fee nor the services to be performed shall be separated or divided into components for the purpose of avoiding the application of this section.<br />
</blockquote><br />
<br />
It is not in Civil Code 2944.7 that applies to attorneys. In fact there's nothing even close and for over two and half years the California State Bar had no issue with attorneys breaking up services and charging accordingly. In fact according to a lawsuit filed against the Bar in Superior Court in Orange County Ca., in September 2012, a State Bar investigator closed at least three investigations where "phased" payments were used by an attorney, and had no apparent problem with that.<br />
<br />
This system protects the consumer and assures the work be done before paying for it. It also allows attorneys to offer these services to struggling homeowners and be compensated, while not charging consumers for unnecessary services. Before anyone goes crazy commenting about scumbag attorneys, for the purposes of this argument, <a href="http://homepreservationnetwork.com/2012-10-23-03-10-19/trusted-foreclosure-attorneys" target="_hplink">I'm referring to trusted and ethical attorneys and I can prove that they exist</a>.<br />
<br />
According to several attorneys I've spoken with on this matter, since 2009 the CA State Bar has inexplicably taken two fundamentally opposing positions regarding fees for pre-negotiation services which are so necessary for a successful loan modification. On one hand, the Bar has successfully argued in court that only the negotiation with the lender is covered by SB-94. Now, they are prosecuting attorney's for accepting fees after providing contracted evaluation services, in a manner they previously found acceptable. One might go so far as to postulate that the Bar is playing a little fast and loose with the facts.<br />
<br />
The controversy is so ripe, that attorney Robert Scurrah of <a href="http://www.cdalawcenter.com/">CDA Law Center</a> filed a Declaratory Relief lawsuit in Orange County Superior Court this past September asking a judge to determine what the law really says. A Temporary Restraining Order and Order to Show Cause, filed by Bostwick and Jassy LLP and the Law Office of Mark Zanides on Tuesday, points to a case back in March 2010, in which a homeowner, Christopher Duenas, filed suit in U.S. District Court against the Governor of California, the Attorney General, and the State Bar seeking to enjoin enforcement of 2944.7(a) on the grounds that it violated the First Amendment, due process and the equal protection clause of the Constitution because the statute, as applied and in practice, effectively prohibited a homeowner from obtaining legal advice regarding mortgages, since no lawyers would undertake representation if they couldn't get paid.<br />
<br />
At that time, when they were being accused, the Bar vehemently denied that they were in any way making things difficult for homeowners to get help. According to the document, the Bar asserted:<blockquote><br />
The plain language of Section 2944.7(a) does not prevent Plaintiff or any homeowner from consulting with an attorney with regard to mortgage issues; rather, the statute merely limits the timing of payments for negotiating, arranging or performing a loan modification or other loan forbearance ... the statute does not prohibit consulting with an attorney.<br />
</blockquote><br />
<br />
Pretty clear, right? Apparently they didn't even think so, because later in the same motion they write:<blockquote><br />
Again, a plain reading of section 2944.7(a) does not bar an attorney from consulting with a homeowner about anything, including whether the homeowner should breach his mortgage with his lender. It merely limits the timing of compensation for certain services; namely, negotiating, arranging or performing a loan modification.<br />
</blockquote><br />
<br />
The Attorney General and a Superior Court Judge agreed with this interpretation.<br />
<br />
And that's precisely how CDA and other ethical attorneys run their business. They break up the lengthy process and individual services into manageable chunks and then charge for them when they're completed, allowing the attorney to get paid and more importantly, the homeowner to bow out of the process at any time for any reason.<br />
<br />
In what has been described as a breathtakingly hypocritical stance, last month the state bar's Review Board published a ruling that blatantly contradicts the position that both the Bar and the AG took in 2010. In fact, it's a complete reversal of their position. They now claim that attorneys cannot break up the services and fees and can only charge clients once all the services in the process have been rendered -- a process, as many know, that can drag on for months or even years.<br />
<br />
The loan modification process is not for the faint of heart and as <a href="http://www.sidelllaw.com/">Moss Sidell</a>, an attorney in Newton, Mass. and a member of <a href="2012-10-23-03-10-19/trusted-foreclosure-attorneys">HPN's trusted attorney network</a> points out in "<a href="blog/entry/proposed-limits-on-legal-representaion-for-borrowers-facing-foreclosure">Proposed Limits on Legal Representation for Borrowers Facing Foreclosure</a>".<blockquote><br />
The mortgage modification quagmire that has been created by the banks is extremely discouraging to the average consumer. Banks require that stacks of paperwork be faxed to them which include pay stubs, bank statements, tax returns, utility bills and various other documents. After all of this is sent to the banks, more often than not, the banks claim they never received the documents, or have lost them. Then the cycle begins all over again... Then to add further insult to injury, the banks require constant updating of these documents, which they frequently lose or misplace again. Meanwhile, all of this is being played out while the homeowner is very often under the tremendous financial and emotional strain of potentially losing the roof over their heads. As it can easily be seen, the consumer is at an incredible disadvantage in dealing with banks that are mega institutions with thousands of employees which among them include an army of lawyers, both in-house and outside counsel.</blockquote><br />
<br />
In a nutshell, it's not easy. It's not something any homeowner would willingly venture into and would, in most cases, be better off with the help of an attorney who knows their way around the maze.<br />
<br />
<a href="http://mandelman.ml-implode.com/2012/12/california-state-bar-recent-decision-to-cause-more-harm-to-homeowners-in-foreclosure/">As Martin Andelman points out in his post</a>:<blockquote><br />
I can't speak for anyone else, but all of that sounds to me like I could very definitely benefit from being represented by a lawyer when trying to get my loan modified in order to save my home from foreclosure. Getting a loan modified is not a simple or intuitive process. The formulas and financial analyses involved are far beyond the capabilities of most homeowners, and because of the necessity to be precise or risk a denial by the servicer, many recognize that without a lawyer experienced in the loan modification process handling the submission of their application and negotiations with their servicer, their chances of approval are greatly diminished.<br />
	<br />
The rules governing loan modifications vary depending on the program and on the investor who owns the loan, and in the case of government and programs developed internally by servicers, the rules change. There is no chance that the average homeowner can know what's involved, and certainly not at the level that an attorney specializing in the area would.<br />
</blockquote><br />
<br />
But the California State Bar in a complete 180 degree head spin straight out of <em>The Omen</em> now seems to think that the language in SB 94 prohibits lawyers from breaking up services related to a loan modification into component parts, despite there being no language prohibiting lawyers from doing so.<br />
<br />
You would think that the Bar would welcome a clear interpretation of the law by a Judge, but instead they've fought CDA at every turn. It's important to note that CDA has successfully assisted more than four thousand homeowners in obtaining loan modifications form their lender or servicer -- in other words $1.5 billion in home loans for homeowners who are now current on their payments and able to keep their home.<br />
<br />
California AG Kamala Harris fought hard for the $25 Billion National Mortgage Settlement this year. She went a step further in her efforts to protect California's struggling homeowners. Harris also championed the new Homeowner Bill of Rights, which encourages loan mods. Why the California State Bar would attempt to deny homeowners legal representation in light of the well documented lender abuses is unclear.<br />
<br />
The California Bar maintains that consumers are free to hire an attorney to assist them with their foreclosure, but attorneys who can't get paid don't have much incentive to take on a foreclosure case. Basically, and this is isn't a reach, if a homeowner were to approach an attorney needing help with a foreclosure and at any point in the research, conversation, and process a loan modification looked like a viable solution, according to the Bar's new interpretation all business would have to stop and any fees collected up to that point would be considered illegal. Kind of like asking for a mullet when you're half way through getting your head shaved and refusing to pay the hairdresser.<br />
<br />
The rest of the country is fine with attorneys representing homeowners. In fact, under the Mortgage Assistance Relief Services ("MARS") Final Rule, which is enforced by the FTC, they're even allowed to collect a retainer in advance providing they place those funds in a trust account.<br />
<br />
Up the road from me in New Hampshire homeowners pressured the legislature to pass a law allowing them to hire and, get this: pay an attorney to help them with loan modifications.<br />
<br />
"For any entity to prohibit an individual's access to competent legal counsel for any reason is, among other things, asinine. It will definitely be interesting to see to what, if any, length the CA Bar Association's actions are deemed Constitutional violations, said <a href="http://www.stellionata.com/">Mike Dillon of Stellionata Consulting, LLC in New Hampshire</a>.<br />
<br />
The problem is, and this is where the complete ignorance of the Bar comes in, is that now the door is once again open for scumbags to take advantage of homeowners. Ethical attorneys won't risk disbarment by helping homeowners and the unethical ones will swoop in.<br />
<br />
Again, from the filing:<blockquote><br />
The State Bar is far from protecting financially distressed homeowners. It will prevent them from obtaining desperately needed help, since its tortured construction of 2944.7(a) would prevent most ethical lawyers from providing loan modification representation.<br />
</blockquote><br />
<br />
As one attorney I spoke with put it, "when loan mods are outlawed, only outlaws do loan mods."]]></content>
    <link href="http://i.huffpost.com/gen/845600/thumbs/s-HOUSING-mini.jpg" type="image/jpeg" rel="enclosure"/>
</entry>

<entry>
    <title>Below the Fold: Wells Fargo Thumbs its Nose at Judge and Evicts Anyway</title>
    <link rel="alternate" type="text/html" href="http://www.huffingtonpost.com/richard-zombeck/wells-fargo-evictions_b_2024096.html"/>
    <id>tag:www.huffingtonpost.com,2012:/theblog//3.2024096</id>
    <published>2012-10-26T12:09:08-04:00</published>
    <updated>2012-12-26T05:12:01-05:00</updated>
    <summary><![CDATA[The latest example of Wells Fargo thumbing its nose at the courts and using law enforcement to carry out its dirty work is the case of Niko Black, a 37-year-old Mescalero Apache woman, suffering from a rare and terminal form of cancer.]]></summary>
    <author>
        <name>Richard Zombeck</name>
        <uri>http://www.huffingtonpost.com/richard-zombeck/</uri>
    </author>
    <content type="html" xml:lang="en" xml:base="http://www.huffingtonpost.com/richard-zombeck/"><![CDATA[<strong>Update (7:51am EST 11/02/2012):</strong><br />
<br />
Wells Fargo and Carrington Mortgage Holdings, LLC, the servicer for Niko Black's home, contacted Huffington Post editors about this blog post on Thursday, November 1, 2012 claiming that the facts were wrong. "Both of the key premises of this article are factually incorrect," they wrote.<br />
<br />
Wells Fargo's Communication Manager, Elise Wilkinson wrote:<br />
<br />
<blockquote><br />
  1. There was no court ordered stay in place on the property in question at the time of the lockout. The former homeowner, Ms. Black, had previously obtained a stay, which expired after 30 days (on June 21, 2012). The expiration of the stay was in accordance with the bankruptcy code. The lockout took place on October 21, 2012, well after the expiration of the stay.<br />
<br />
  2. Wells Fargo did not evict Ms. Black. All foreclosure and eviction decisions were made and managed by the servicer (Carrington Mortgage Services). Wells Fargo is the Trustee for a trust containing the loan on this property. As Trustee, we manage certain administrative matters and court documents are filed in our name as trustee. However, all foreclosure decisions are made by the servicer. <br />
</blockquote><br />
<br />
"This story is highly inaccurate. Please remove it or correct the facts as soon as possible," Wilkinson continues.<br />
<br />
It's an odd claim to make since the motion for relief of stay was requested by attorneys for Wells Fargo in a court filing on June 14, 2012, according to attorneys for Niko Black.<br />
<br />
I contacted Stephen Golden of Stephen R. Golden &amp;amp; Associates, the attorneys for Niko Black, and asked them to respond to the allegations.<br />
<br />
According to a recent motion filed by Stephen R. Golden &amp;amp; Associates, Wells Fargo Bank, filed a Motion For Relief From The Automatic Stay Or For Order Confirming That The Automatic Stay Does Not Apply Under 11 U.S.C. 362(l), on June 14, 2012.<br />
<br />
The request for relief from automatic stay was denied by Judge Theodor C. Albert, when Wells Fargo's attorney's failed appear in court for the hearing.<br />
<br />
Here is the statement issued by Stephen R. Golden, in response to the claims above:<br />
<br />
<blockquote><br />
It is understandable that Wells Fargo wants to at this time to disavow all participation in the foreclosure and eviction proceedings.<br />
<br />
It is undisputed that Wells Fargo was the Plaintiff evicting Miss Black in the Unlawful Detainer proceedings. Furthermore, legal counsel for Wells Fargo, Jason Burris, was at the home of Miss Black and advised the Orange County Deputy Sheriffs at her home that she had no right to possession despite her Bankruptcy. <br />
<br />
Secondly, Carrington Mortgage Servicers, as the loan servicer, is acting on behalf of Wells Fargo undoubtedly pursuant to a loan servicing agreement between these two entities. As trustee for the trust where Miss Black's loan was deposited, Wells Fargo is the purported legal holder of that loan. All actions on behalf of the trust regarding foreclosure on such loan would be the actions of Wells Fargo assuming any rights to do so in the first place.<br />
</blockquote><br />
<br />
In addition to the statement above, Stephen R. Golden &amp;amp; Associates said in a press release:<br />
<br />
<blockquote><br />
  The law office is also aware that both Wells Fargo and Carrington Loan Servicing have contacted the media in an attempt to mitigate negative public opinion. While our law office will let the facts of the case speak for themselves in Federal Court, we are making public statements from Stephen R. Golden and Senior Attorney Thomas Freidman. <br />
<br />
Our office has received a vast amount of requests from the media for information regarding Miss Black, we will begin to post non confidential information on our website beginning tomorrow.<br />
</blockquote><br />
<br />
So, in response to the first claim, why did Wells Fargo or attorneys for Wells Fargo file a 44 page motion for relief of stay, seven days prior to what they were claiming was the expiration date - why not just let it run out? <br />
<br />
As for the second claim, that Wells Fargo is not responsible for the eviction and that decisions concerning evictions fall on the servicer, "there is undeniable proof that the claim is false under the facts of this case," said Thomas Friedman, an Attorney with Golden &amp;amp; Associates. According to Friedman, who produced the documents to back up his statements, Sergeant Robert Sima, in a Declaration, dated October 29, 2012, submitted to the Bankruptcy Court, and signed under penalty of perjury, states "On August 27, 2012, the Orange County Sheriff's Department received a court ordered eviction and instructions from an attorney for Creditor Wells Fargo to conduct the eviction of Niko Black at 9581 Shannon Avenue, Garden Grove, California, 92841." Pretty clear, right? Then, on October 2, 2012, counsel for Wells Fargo sent a letter to the Orange County Sheriff's Department (attached to Sergeant Sima's Declaration), in which Wells Fargo's counsel instructs the Sheriff's Department to proceed with the eviction because "there is no automatic stay at this time".<br />
<br />
<center>________________________</center><br />
<br />
<strong>Original post:</strong><br />
<br />
Wells Fargo is once again at the center of controversy with help from the California Orange County Sheriff's Department. You may have read Martin Andelman's piece "<a href="http://mandelman.ml-implode.com/2012/05/husbands-suicide-yesterday-wells-fargo-to-evict-wife-tomorrow-anyway/" target="_blank">Husband's Suicide Yesterday, Wells Fargo to Evict Wife Tomorrow Anyway</a>" and my follow up, "<a href="http://www.huffingtonpost.com/richard-zombeck/below-the-fold-wells-farg_b_1632898.html">Wells Fargo Gets Picked Up On Radar</a>" outlining a myriad of Wells Fargo's missteps, abuses, and egregious behavior.<br />
<br />
The latest example of Wells Fargo thumbing its nose at the courts and using law enforcement to carry out its dirty work is the case of Niko Black, a 37-year-old Mescalero Apache woman, suffering from a rare and terminal form of cancer.<br />
<br />
<a href="http://blogs.ocweekly.com/navelgazing/2012/10/niko_black_garden_grove.php" target="_blank">According to the <em>Orange County Weekly</em></a>, on the morning of October 10, Orange County deputies broke down Niko Black's door despite a court order taped to it forbidding them to do so, put a gun in her face and crumpled up the court order. They then carried her out of the home in her wheel chair and left her on the sidewalk while they locked up her home. The deputies locked her medication and medical equipment in the house as well, denying her access to it.<br />
<br />
<blockquote>Because I have a very aggressive form of cancer, every appointment, every day is crucial," she says. "I'm a person with a lower immune system. That's why all my nursing care, my physical therapy, my medical equipment, everything is set up for home care. This violates the Americans with Disabilities Act.</blockquote><br />
<br />
The eviction according to the <em>OC Weekly</em> and the law offices of Stephen R. Golden and Associates, was in violation of a court order.<br />
<br />
"Wells Fargo filed a motion about an inch thick all the reasons why they should be allowed to evict me," Black told the <em>OC Weekly</em>. "The federal judge denied them and stated very clearly they are not to. The bank illegally acquired an unlawful detainer, an eviction, without due process. They did it with fraudulent paperwork." <br />
<br />
The Sheriff's spin department went into overdrive on Tuesday, taking to the airwaves on the same station (<a href="http://www.ktlkam1150.com/cc-common/podcast/single_page.html?podcast=DavidCruz&amp;amp;selected_podcast=Cruz102312_1351043593_11378.mp3" target="_blank">KTLK-AM 1150</a>) that originally broke the story, saying that it's standard protocol to enter a home during an eviction with weapons drawn. They also claim that no guns were pointed. A claim that Black refutes:<br />
<br />
<blockquote>Sergeant Bob Sima puts a gun to my face, finger on the trigger, no safety and walks around me. There's no reason, except for to threaten my life, for an intimidation factor, to put a gun to my head.</blockquote><br />
<br />
The part about defying the court order seemed to have slipped their mind in the statement. Neither the Sheriff's department nor attorneys for Wells Fargo would return phone calls in regards to this post. <br />
<br />
According to witnesses, Jason R. Burris, an attorney for Wells Fargo, with a full eleven months of experience, ordered deputies to ignore the federal order and forcibly remove Black from the home. They also broke windows and smashed a security camera placed over the front door.<br />
<br />
Stephen R. Golden of <a href="http://www.stephengoldenlaw.com/" target="_blank">Stephen R. Golden and Associates</a> and a member of the <a href="http://homepreservationnetwork.com/get-help-now-professional-services/directory-professional-services" target="_blank">HPN trusted attorneys network</a> announced earlier this week that the firm would be taking on Black's case:<br />
<br />
<blockquote>Miss Black was evicted and locked out of her Garden Grove home by the Orange County Sheriff's office in violation of a federal court order.<br />
<br />
<br />
Niko is struggling with cancer and was granted the court order due to medical reasons by a federal judge. The Orange County Sheriff and Wells Fargo Bank chose to ignore the order and evict Miss Black anyway. The order issued by a federal bankruptcy judge was very clear in its language and was clearly ignored by the Sheriff and Wells Fargo Bank. Stephen R. Golden was retained "Pro Bono" and has set to work with an eight-person legal team to right the wrong.<br />
</blockquote><br />
<br />
Wells Fargo filed a motion in July to lift the stay that is automatically applied through a bankruptcy filing, but according to court documents didn't bother to show up in court, so the the motion was denied. Instead, Wells figured they'd go ahead with the eviction, sent some paperwork over to the Orange County Sheriff and <a href="http://www.ktlkam1150.com/cc-common/podcast/single_page.html?podcast=DavidCruz&amp;amp;selected_podcast=Cruz102312_1351043593_11378.mp3" target="_blank">the rest is history</a>.<br />
<br />
Theodor C. Albert, a Federal Bankruptcy Court Judge for the United States bankruptcy court in California, on October 18, ordered Wells Fargo and the Orange County Sheriff's department to appear in court, " to show cause why sanctions should not be imposed for violation of the automatic stay." The hearing is set for November 13. Let's see if they show up for this.<br />
<br />
Thomas Friedman, a civil rights attorney at Stephen R. Golden Associates said in an interview:<br />
<br />
<blockquote>We have no information at this time about any claimed 'standard operating procedure' within the Orange County Sherriff's Department. Second, we are currently more concerned with the clear, ongoing violation of Ms. Black's right to remain in her home, in accordance with the Bankruptcy Court's Order forbidding her removal, than we are in an unnecessary debate about applying standard procedure when dealing with severely disabled citizens. Isn't the answer to that clear? Finally, we have no objection where a police officer employs a reasonable standard operating procedure when the situation is 'standard.' But, if a police officer enters a home with his or her weapon drawn, and is faced with a disabled, ill, one-hundred pound female, in a wheelchair, holding an order that precludes the very act the police officer is engaged in, then, I would ask, should we be discussing standard operating procedure, or using good judgment?</blockquote><br />
<br />
Good question. When exactly did it become standard operating procedure to treat fellow human beings like they were standing (or sitting) in the way of business? More specifically, when did the OCSD amend its "Standard Operating Procedure" to include the willful ignorance of a federal court order regardless of a corporate entity's instruction -- especially when allegedly displayed in plain sight? And, when did law enforcement become enforcers rather than protectors?]]></content>
    <link href="http://i.huffpost.com/gen/789035/thumbs/s-CYBER-ATTACKS-WELLS-FARGO-mini.jpg" type="image/jpeg" rel="enclosure"/>
</entry>

<entry>
    <title>Elizabeth Warren: 2 | Scott Brown: Duh</title>
    <link rel="alternate" type="text/html" href="http://www.huffingtonpost.com/richard-zombeck/elizabeth-warren2-scott-b_b_1934473.html"/>
    <id>tag:www.huffingtonpost.com,2012:/theblog//3.1934473</id>
    <published>2012-10-03T12:16:00-04:00</published>
    <updated>2012-12-03T05:12:02-05:00</updated>
    <summary><![CDATA[If Scott Brown is going to question Elizabeth Warren's character based on whether or not she checked a box on a job application 20 years ago, doesn't it stand to reason that his character be questioned for helping mortgage companies railroad homeowners into toxic and exploding mortgages?]]></summary>
    <author>
        <name>Richard Zombeck</name>
        <uri>http://www.huffingtonpost.com/richard-zombeck/</uri>
    </author>
    <content type="html" xml:lang="en" xml:base="http://www.huffingtonpost.com/richard-zombeck/"><![CDATA[The first debate between Scott Brown and Elizabeth Warren was riddled with racial undertones and <a href="http://www.huffingtonpost.com/richard-zombeck/scott-brown-mean-girl_b_1914904.html">cheap shots from Brown on Warren's heritage among other things</a>. The following week, a video of Brown's staffers was released showing them making tomahawk gestures and yelping like <i>Injuns</i> from an <a href="http://youtu.be/-mPtDSBjwP0">old episode of F-Troop with the Hekawis</a>. Brown isn't the only member of the GOP to stoop to racially charged innuendos however. Apparently, Romney campaign staffers are having a good ole time having their friends and family spread <a href="http://youtu.be/tpAOwJvTOio">a video of "Obama Phone" on social media</a>. This is another bogus swipe that reeks of desperation and can be easily refuted in less than <a href="http://www.lmgtfy.com/?q=obama+phone">ten minutes with a Google search</a>.<br />
<br />
The second Brown Warren debate on Monday was no different. Brown, rather than answering questions about relevant issues, is apparently still <a href="http://www.esquire.com/blogs/politics/elizabeth-warren-scott-brown-debate-2-13301587">more interested in making stuff up, getting booed by the crowd, and making snotty condescending remarks</a>, such as "I'm not in your classroom," paraphrasing a line he'd used on Martha Coakley two years ago. Not surprisingly, Brown came away from the debate proving that he feels strongly both ways on many issues.<br />
<br />
After the commercial break, Brown stepped out of his pickup up truck, wearing his still stiff-off-the-rack Carhartt barn coat, and into a steaming pile of dung when moderator David Gregory asked him to name his ideal Supreme Court Judge. "Scalia", he answered, sparking a wave of boos from the audience. Scalia is widely considered among the top two most conservative justices on the bench - the same judge who said he was "adamantly opposed" to Roe v. Wade, opposes equal protection for women, and even opposes the right to contraception -so much for Brown being a big fan of women's rights. He then rattled off Anthony Kennedy, John Roberts, and Sotomayor, in much the same way he rhythmically rattles off every conceivable form of energy when the conversation turns to oil - much like grade school children rehearsing their multiplication tables.<br />
<br />
Brown also managed to squeeze in a slightly grandiose comment that "[he's] the only one in this race fighting for unions. <a href="http://www.esquire.com/blogs/politics/elizabeth-warren-campaign-13132703">Why then, did Harold Schaitberger, the president of the International Association of Firefighters announce that both the local and national firefighters unions were endorsing Warren</a>?<br />
<blockquote><br />
We don't give out our endorsements easily," Schaitberg said. "And we don't need her opponent, who may look good in his jacket and his blue jeans and his truck, and who wants to be a regular Joe, but who votes against working-class people.<br />
</blockquote><br />
<br />
One issue that didn't come up during the debate, but has seen considerable traffic on the internet and the blogs, is Scott Brown's ties to the mortgage industry and what role he may have played in the mortgage meltdown.<br />
<br />
During an interview, Scott Brown made the following comment about his past business:<br />
<blockquote><br />
I am a real estate attorney. I have a very small practice," Sen. Brown, (R-Mass.) told reporters Thursday afternoon. "The last seven or eight, nine years, it was run out of my home, and the clients that I represent are small banks, cooperative banks and a couple mortgage companies, focusing as one of their attorneys on real estate. I go to people's houses, I do real estate closings, and as a title agent: Fidelity National and First American. So those banks are Wrentham Cooperative Bank, Hyde Park Cooperative Bank, Middlesex Savings Bank, and a couple of smaller mortgage companies -- some of them are no longer in business.<br />
</blockquote><br />
<br />
What's particularly interesting about that statement is that Fidelity National is the former parent of LPS, which owned DocX, the document forgery firm featured on 60 Minutes and home of the Robosigning scandal. LPS is under a consent order with the Federal Reserve Board for its servicing activities, and DocX was criminally indicted by the state of Missouri. Brown was doing work for Fidelity National when it still owned LPS.<br />
<br />
So if Brown knew what Fidelity National was up to and how it could potentially adversely affect homeowners, did he have an ethical responsibility to notify his clients? And does that speak equally to his character in the same way he relentlessly questions Warren?<br />
<br />
Adam Levitin, Professor of Law at Georgetown Law first asked the question last week:<br />
<blockquote><br />
It's not clear exactly what Brown was doing for these clients--title work sounds innocent and boring enough, and Brown certainly isn't responsible for all of his clients' misdeeds. But at the very least, Brown's association raises a host of questions. Who were those "mortgage companies" that he worked for? It's nice that Brown named a bunch of local banks, but I wonder what lies under the "mortgage company" label? What did Scott Brown understand about the mortgage market he was facilitating? Did he recognize that there was a bubble? (He was a town property assessor at one point, so one would think he'd notice this sort of thing.) If not, what does that say? And if so, what does that say? How many predatory loans did Scott Brown facilitate? How many of the loans where he handled the closing resulted in foreclosure? What would he say to those families that lost their homes to predatory loans?<br />
</blockquote><br />
<br />
Brown's response to questions about this could very well be, "I was just doing paperwork for people," which would shoot holes in all his talk about being a real lawyer in real court rooms. As Levitin points out in the same post, "That's not good enough. Either Brown was so inept that he didn't see that the loans he was closing were becoming untenable or Brown saw the problem and didn't do anything."<br />
<br />
Several blogs picked up on Levetin's post: <a href="http://news.firedoglake.com/2012/09/28/scott-brown-worked-as-real-estate-attorney-with-notorious-document-fraudster-lps/">David Dayen from Firedog Lake</a>, <a href="http://www.dailykos.com/story/2012/09/28/1137549/-Scott-Brown-worked-as-real-estate-lawyer-for-predatory-loan-company?showAll=yes">Joan McCarter of Daily Kos</a>, <a href="http://www.huffingtonpost.com/mike-lux/dumb-idea-put-the-guys-wh_b_1923732.html">Mike Lux of HuffPo</a>, and even Yves Smith of Naked Capitalism who claims to avoid politics couldn't resist re-posting the majority of Levitin's piece.<br />
<br />
The simple question is: If Scott Brown is going to question Elizabeth Warren's character based on whether or not she checked a box on a job application 20 years ago, doesn't it stand to reason that his character be questioned for helping mortgage companies railroad homeowners into toxic and exploding mortgages?]]></content>
    <link href="http://i.huffpost.com/gen/799180/thumbs/s-MITT-ROMNEY-SENATE-mini.jpg" type="image/jpeg" rel="enclosure"/>
</entry>

<entry>
    <title>Scott Brown: Mean Girl</title>
    <link rel="alternate" type="text/html" href="http://www.huffingtonpost.com/richard-zombeck/scott-brown-mean-girl_b_1914904.html"/>
    <id>tag:www.huffingtonpost.com,2012:/theblog//3.1914904</id>
    <published>2012-09-26T08:53:11-04:00</published>
    <updated>2012-11-26T05:12:02-05:00</updated>
    <summary><![CDATA[Scott Brown is running against Elizabeth Warren here in Massachusetts. They both agreed early on that the race would be about issues. That's a promise that Warren has kept, but that Brown seems to have forgotten as soon as he uncrossed his fingers behind his back.]]></summary>
    <author>
        <name>Richard Zombeck</name>
        <uri>http://www.huffingtonpost.com/richard-zombeck/</uri>
    </author>
    <content type="html" xml:lang="en" xml:base="http://www.huffingtonpost.com/richard-zombeck/"><![CDATA[Scott Brown is running against Elizabeth Warren here in Massachusetts. They both agreed early on that the race would be about issues. That's a promise that Warren has kept, but that Brown seems to have forgotten as soon as he uncrossed his fingers behind his back.<br />
<br />
Warren continues to talk about issues that concern working families across the country and in the Commonwealth of Massachusetts, while Brown prefers the catty, bitchy, snide remarks that we'd expect to come from the cast members of "<a href="http://www.imdb.com/title/tt0377092/">Mean Girls</a>."<br />
<a href="http://www.wbur.org/2012/09/21/brown-warren-debate-payne">Dan Payne of WBUR wrote</a>:<br />
<br />
<blockquote><br />
	If you like your debater to be condescending, snide, repetitive, off topic, rote, eager to get personal, willing to toss out extraneous comments and charges, and full of phony manners (thanking the host for every question), then Sen. Scott Brown is your man.<br />
</blockquote><br />
<br />
During their first debate Brown launched immediately into attacking Warren's heritage. <br />
<br />
"Professor Warren claimed that she's a Native American and a person of color, and as you can see, she's not," said Brown, pointing to Warren on stage. <a href="http://leanforward.msnbc.com/_news/2012/09/20/13997015-barney-frank-rips-scott-brown-over-his-attacks-on-elizabeth-warren?lite">Rachel Maddow of MSNBC picked up on that remark</a>, asking Barney Frank during an interview if that was, in fact, a racially charged remark. "I feel like it's racially offensive to say 'I can tell you're not Native American. Look at you,'" Maddow said.<br />
<br />
Let's be very clear that Brown's claim about <a href="http://www.huffingtonpost.com/2012/05/10/elizabeth-warren-minority-status_n_1508060.html">Warren's background has been addressed ad nauseum and she was clearly vindicated of this fabricated accussation - it's old news</a>. To perpetuate this lie is beneath any elected official, much less one who replaced the late Ted Kennedy. Let's also be clear that Brown continuously calling Warren "Professor" during the debate wasn't out of respect, but was a dog whistle to the blue collar and working class people in Massachusetts who have always been at odds with, and hold a fair amount of contempt towards the Harvard and MIT crowd in Massachusetts.<br />
<br />
By the way, <a href="http://www.huffingtonpost.com/2012/09/25/scott-brown-elizabeth-warren-ethnicity_n_1914337.html?ncid=edlinkusaolp00000009">Brown has since denied making remarks</a> about Warren's ethnicity, despite the debate having been aired on national TV, watched by millions of viewers, recorded, and played all over the interwebs.<br />
<br />
Brown also saw fit to fabricate his own resume during the debate. Soon after questioning Warren's character, Brown launched into a diatribe of self-importance, as Laura Clawson of Daily Kos points out:<br />
<br />
<blockquote><br />
Sen. Scott Brown is a very important man, and at Thursday night's debate with Elizabeth Warren, he added another resume item you might not have known about. Not only does Brown <a href="http://articles.boston.com/2012-06-21/metro/32343049_1_kings-and-queens-senator-brown-edward-m-kennedy-institute">meet secretly with kings and queens</a>, not only does <a href="http://www.dailykos.com/story/2012/07/13/1109490/-Does-Secretary-Clinton-really-have-Scott-Brown-on-speed-dial?detail=hide">Secretary of State Hillary Clinton</a> call him all the time, but he's also "one of the ranking members on the Armed Services Committee."<br />
</blockquote><br />
<br />
That last one about ranking member may sound pretty good, but it's a lot like saying you were a "Sanitary Engineer" on your resume instead of "cleaned toilets at the bar." <a href="http://www.esquire.com/blogs/politics/elizabeth-warren-scott-brown-debate-12910145">Here's a clip from Charles P. Pierce at Esquire</a>:<br />
<br />
<blockquote><br />
Also, at one point, Brown, who has not met with kings and queens, and who did not see the secret Osama bin Laden death photos, claimed that he was "one of the ranking members" of the Senate Armed Services Committee. Yes, he is. He is ranked sixth. In the event that John McCain, Jim Inhofe, Jeff Sessions, Saxby Chambliss, and Roger Wicker all move to Guam to launch new careers as a pick-up basketball team, Scott Brown would be chairman. This may seem like a minor thing, but if Brown is going to make a meal out of Warren's alleged "character" issue regarding her ancestry, then his tendency to aggrandize his place in history ought also to be somewhere on the table.<br />
</blockquote><br />
<br />
Brown wouldn't take questions after the debate. Actually he appeared to leave in a bit of a huff. Both candidates were scheduled to meet the press briefly after the debate's conclusion. Brown however, after spending the entire evening as a tough guy, beat feet, leaving his campaign manager, Jim Barnett, to stand there and say, "The Senator has had a long day".<br />
<br />
A long day? A long day is working two jobs; paying taxes in a state aptly named "taxachusettes"; making sure your kids are fed, have clothes and health care; looking over your bills every night and wondering when you're going to throw in the towel on your underwater mortgage. It's not sitting in Congress with a three times better than average salary and taxpayer paid health care, trying to avoid the evening's debate. That's right, Republicans attempted stall tactics in order to keep Brown in DC and away from the debate, <a href="http://news.firedoglake.com/2012/09/20/reid-calls-out-scott-brown-for-trying-to-duck-ma-sen-debate-with-elizabeth-warren-tonight/">but Harry Reid called them out and Brown made it to Boston</a>. Here's what Reid said on the floor of the Senate:<br />
<br />
<blockquote><br />
Madam President, I'm so sorry. We have no more votes today. No more votes today. It's obvious to me what's going on. I've been to a few of these rodeos. It is obvious there is a big stall taking place. One of the Senators who doesn't want to debate tonight won't be in debate. Well, he can't use the Senate as an excuse, there will be no more votes today.<br />
</blockquote><br />
<br />
Brown supporters and staffers, of course, are no less prone to the antics of the ignorant than the man they follow and work for. On Tuesday Brown supporters and staffers where filmed making "war whoops" and "tomahawk chops", presumably in reference to Warren's Cherokee and Delaware heritage (<a href="http://youtu.be/r1XpAD8auCY">see video here</a>).<br />
<br />
Brown quickly condemned the antics in a statement later that day. Of course he did. That doesn't detract from the fact that he hired the staffers and that he hired them for a reason. As <a href="http://www.esquire.com/blogs/politics/scott-brown-staffers-indian-whoop-video-13064243">Charles Pierce points out</a>:<br />
<blockquote><br />
There's only one reason to pound the issue about Elizabeth Warren's ancestry and that is to race-bait, to gin up the lizard-brained anger at "quotas" and "affirmative action." Brown already tippy-toed down that line last week in the debate, when he explained that he can tell an Injun jes' by lookin' at one. You talk about her like she gamed the system and you're not merely casting aspersions on her career, but you're giving a nudge-nudge, wink-wink to all the usual suspects out there who know somebody who knew somebody who was related to somebody who knew somebody who didn't get the job they should have had. This is also what they do. This is also what they've always done. This is also why you hired people because this is what they do.<br />
</blockquote><br />
<br />
Brown has stooped to a new low and it's not the first time he's used staffers to do his dirty work. On Tuesday, <a href="http://www.huffingtonpost.com/2012/09/25/scott-brown-elizabeth-warren-press-conference_n_1913917.html?utm_hp_ref=politics">Brown's Campaign Manager Jim Barnett crashed a press conference for Elizabeth Warren supporters</a> and, in at least on case, aides have threatened bloggers with law suits.<br />
<br />
If Brown can't address the issues like he promised he would, he should at least try to fly below the radar. People in Massachusetts aren't as stupid as he'd like to believe and the contempt he's showing for voters is frankly embarrassing. He is patently outclassed, out smarted, and out of his league in this race.]]></content>
    <link href="http://i.huffpost.com/gen/788264/thumbs/s-SCOTT-BROWN-LIZ-WARREN-mini.jpg" type="image/jpeg" rel="enclosure"/>
</entry>

<entry>
    <title>Below the Fold: Where did the $26 Billion go?</title>
    <link rel="alternate" type="text/html" href="http://www.huffingtonpost.com/richard-zombeck/where-did-the-26-billion-_b_1879457.html"/>
    <id>tag:www.huffingtonpost.com,2012:/theblog//3.1879457</id>
    <published>2012-09-14T10:45:59-04:00</published>
    <updated>2012-11-14T05:12:01-05:00</updated>
    <summary><![CDATA[Oddly enough, everyone who was so quick to applaud the settlement and take the opportunity to grandstand as a homeowner advocate six months ago, has become conspicuously quiet when it comes to follow through. An unfortunate recurring theme.]]></summary>
    <author>
        <name>Richard Zombeck</name>
        <uri>http://www.huffingtonpost.com/richard-zombeck/</uri>
    </author>
    <content type="html" xml:lang="en" xml:base="http://www.huffingtonpost.com/richard-zombeck/"><![CDATA[<em>A wrap-up of stories and posts you might have missed or overlooked -- the ones below the fold.</em><br />
<br />
You may remember some hubbub back in February about some talks involving a <a href="http://www.nytimes.com/2012/02/09/business/states-negotiate-25-billion-deal-for-homeowners.html?pagewanted=all&amp;amp;_moc.semityn.www">$26 billion settlement that was supposed to provide relief to nearly two million American homeowners</a>. Many homeowner activists, bloggers, and homeowners themselves saw the settlement is nothing more than another giveaway to placate the banks and servicers. It's starting to look as though they were right.<br />
<br />
Despite the warnings, outrage, and in some cases pleading, some of the biggest voices in the consumer advocacy community touted the settlement as a positive thing for homeowners.<br />
<br />
AFL-CIO President Richard Trumka said:<blockquote><br />
The banks broke the law by railroading homeowners through the foreclosure process. Today's settlement provides compensation for foreclosure victims without requiring individuals to waive their legal claims. While banks must be made to pay more to help homeowners, the settlement includes needed principal write-downs so homeowners can stay in their homes.<br />
</blockquote><br />
<br />
<a href="http://www.usatoday.com/money/story/2012-02-09/mortgage-settlement-usa-today-cover/53033812/1">Alys Cohen of the National Consumer Law Center</a> said it would move the ball forward and that it was a game changer. <a href="http://www.usatoday.com/money/story/2012-02-09/mortgage-settlement-usa-today-cover/53033812/1">Iowa Attorney General Tom Miller</a>, who headed up the whole process, said "This agreement is the only way we're going to get to substantial principal reduction."<br />
<br />
<a href="http://www.naacp.org/press/entry/naacp-statement-regarding-the-department-of-justices-mortgage-servicing-set">NAACP President and CEO Benjamin Todd Jealous</a> said:<br />
<blockquote><br />
This monumental settlement is a strong step towards assisting the millions of current and former homeowners that were exploited, discriminated against and taken advantage of by major mortgage servicing banks. The principal reductions, refinancing and other relief will provide desperately needed relief.<br />
</blockquote><br />
Former White House Advisor, Van Jones, now running "<a href="http://rebuildthedream.com/splash-prince/">Rebuild the Dream</a>" and never one to miss an opportunity to pipe up about something somewhere said:<blockquote><br />
That is small comfort, perhaps, but it was hard won. So we should honor the hard work of New York State Attorney General Eric Schneiderman, California Attorney General Kamala Harris and others, including many grassroots progressive organizations like New Bottom Line. They fought courageously to prevent a total sweetheart deal for the banks. This outcome is the result of determined activism, and without this heroic effort, the deal would have been drastically worse.<br />
</blockquote><br />
<br />
All pretty big names with pretty big voices congratulating themselves and their colleagues over a job well done, but looking at what's actually been accomplished in the last six months as a result of the settlement there's been very little follow-through from anyone who previously saw this as a victory.<br />
<br />
The Social Science Research Network <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2138314">released a study last month</a> that was collaborative effort of the Federal Reserve Bank of Chicago, the government's Office of the Comptroller of the Currency (OCC), Ohio State University, Columbia Business School, and the University of Chicago measure the impact of HAMP - the government's anti-foreclosure program.<br />
<br />
According to the report nearly 800,000 homeowners could have avoided foreclosure had the banks done a better job at modifying loans. <a href="http://www.propublica.org/article/foreclosure-fail-study-pins-blame-on-big-banks">ProPublica's Paul Kiel put together a fairly in-depth article</a> on the findings of the report, in which he writes:<blockquote><br />
	<br />
Unfortunately for homeowners, most mortgages are handled by banks that haven't been properly staffed and thus have modified far fewer loans. If these worse-performing banks had simply modified loans at the same pace as their better performing peers, then HAMP would have produced about 800,000 more modifications. Instead of about 1.2 million modifications by the end of this year, HAMP would have resulted in about 2 million.<br />
</blockquote><br />
It's a bit sympathetic to the bank's claims that they were understaffed and overworked, but still a worthwhile read.<br />
<br />
So what about the $26 billion? In some cases, the banks are dragging their heels. The Office of Mortgage Settlement Oversight released <a href="https://www.mortgageoversight.com/wp-content/uploads/2012/08/ProgressReport08292012.pdf">its first report on August 29</a> - just six months later. According to the report, Bank of America, the bank responsible for the biggest portion of the agreement had yet to modify a single mortgage.<br />
<br />
<a href="http://www.latimes.com/business/money/la-fi-mo-mortgage-settlement-foreclosure-bank-of-america-20120829,0,2371259.story">The Los Angeles Times reported</a><br />
<blockquote><br />
The report showed that Bank of America Corp. faltered in one key area of the settlement, completing no modifications of first mortgages from March 1 to June 30, the period covered in the first status report released by the Office of Mortgage Settlement Oversight.<br />
	<br />
The other four banks covered by the settlement -- JPMorgan Chase &amp;amp; Co., Wells Fargo &amp;amp; Co., Citigroup Inc. and Ally Financial Inc. -- reported that they had completed 7,093 modifications of first-lien mortgages worth a total of $749 million. JPMorgan Chase completed the most such modifications with $367 million.<br />
</blockquote><br />
<br />
As an added twist, according to <a href="http://www.stltoday.com/business/columns/jim-gallagher/are-banks-sidestepping-the-foreclosure-settlement/article_5bd2c57e-f843-11e1-9983-0019bb30f31a.html">Jim Gallagher of the St. Louis Post-Dispatch</a>, banks could be completely sidestepping the foreclosure settlement with short sales:<blockquote><br />
That raises the question: Would the banks have forgiven that debt even without the settlement? Have banks found a nifty way to reduce the amount $25 billion they agreed to pay to settle the suit over their foreclosure practices?<br />
	<br />
The figures are similar across the nation. At least 60 percent of the money is supposed to go to homeowner relief. But the bulk of that is going for short sales.<br />
</blockquote><br />
<br />
More egregiously, the settlement money that was to be used to provide relief for homeowners is instead being used by some state officials to fill budget holes, top off coffer, and offset taxes.<br />
<br />
New Jersey Governor Chris Christie, the latest to jump on the "we have free money and screw homeowners" band wagon, wanted to divert $75 million earmarked for New Jersey homeowners to offset tax breaks for the state's wealthiest residents, <a href="http://blog.nj.com/njv_guest_blog/2012/09/gov_christie_robbing_nj_homeow.html">according to NJ.com</a>.<br />
<br />
In Texas, <a href="http://www.nytimes.com/2012/05/16/business/states-diverting-mortgage-settlement-money-to-other-uses.html?pagewanted=all">$125 million went straight to the general fund. Missouri will use its $40 million to soften cuts to higher education</a>. Indiana is spending more than half its allotment to pay energy bills for low-income families, while Virginia will use most of its $67 million to help with revenue. <a href="http://saportareport.com/blog/2012/08/top-hud-official-disappointed-by-georgias-handling-of-national-mortgage-settlement/">Georgia plans use its $99 million to lure companies to the state</a>.<br />
<br />
So, as it happens, it looks like the settlement wasn't such a great idea or the big first step everyone claimed it would be. The banks and servicers still get to do what they want; they get to do it how they want; and individual states get to use the money however they want as long as it's not to help struggling homeowners for whom the money was intended for in the first place.<br />
<br />
Oddly enough, everyone who was so quick to applaud the settlement and take the opportunity to grandstand as a homeowner advocate six months ago, has become conspicuously quiet when it comes to follow through. An unfortunate recurring theme.]]></content>
</entry>

<entry>
    <title>Below the Fold: Credit Card Robo-Signers, Bogus Debt and Comcast Blocks a Site?</title>
    <link rel="alternate" type="text/html" href="http://www.huffingtonpost.com/richard-zombeck/below-the-fold-credit-car_b_1823690.html"/>
    <id>tag:www.huffingtonpost.com,2012:/theblog//3.1823690</id>
    <published>2012-08-23T11:53:36-04:00</published>
    <updated>2012-10-23T05:12:11-04:00</updated>
    <summary><![CDATA[According to the New York Times, the debt collection industry has been a heavy user of "robo-signed" affidavits. Remember the robo-signing debacle with mortgages?]]></summary>
    <author>
        <name>Richard Zombeck</name>
        <uri>http://www.huffingtonpost.com/richard-zombeck/</uri>
    </author>
    <content type="html" xml:lang="en" xml:base="http://www.huffingtonpost.com/richard-zombeck/"><![CDATA[<em>A wrap-up of stories and posts you might have missed or overlooked -- the ones below the fold.</em><br />
<br />
Let's say I loaned you $500. It's a friendly loan, so we agree to some terms and you start sending me a check every month. I'm a little fickle however, so I keep changing the date I expect your check to arrive, arbitrarily change the interest rate, and charge you fees when you're late or when I feel like it - or simply claim I never got your payment. What should have been, in theory, five simple payments of one hundred dollars has now become a convoluted mess of fuzzy math, bad accounting, and erroneous made up fines. Because I keep adding to your original debt payments have gone on for close to a year and have included dozens of confusing communications and frustrating phone calls. One day, out of the blue, you get a letter from me with a court date and a statement for $2000 I claim you now owe me.<br />
<br />
If you don't show up for the court appearance, I win by default and you owe me $2000 for a $500 loan. If you do show up, you're going up against me and a stack of affidavits signed by my friends and family swearing that you owe me two grand. So here's the question: Do you come to court and fight me?<br />
<br />
Of course you do. I'm a lunatic. Most people would fight against a blatant attempt to rip them off, but according to <a href="http://dealbook.nytimes.com/2012/08/12/problems-riddle-moves-to-collect-credit-card-debt/?ref=business">a recent article in <em>The New York Times</em></a> the credit card industry has been pulling stuff like this on a pretty regular basis. According to the article, the debt collection industry has been a heavy user of "robo-signed" affidavits. Remember the robo-signing debacle with mortgages? You know, that little blip in the news about <a href="http://thinkprogress.org/economy/2012/03/13/443365/pizza-banks-robo-signing/">pizza delivery guys, Walmart greeters, and hairdressers being paid minimum wage to sit in a room and sign off on fraudulent documents as Vice-President of corporations</a>? Remember the <a href="http://www.huffingtonpost.com/2012/02/02/robo-signing-settlement_n_1251025.html">$26 Billion dollars that was supposed to go homeowners that never really made it to anyone</a>? Well, it's back and it appears the banks have been doing the same thing with credit cards.<br />
<br />
The <em>Times</em> article covers how credit card companies frequently file erroneous lawsuits, in many cases stating that a customer owes money when they've paid off the balance, or balance is inaccurate. And unlike foreclosure-land, where even after the revelation of widespread and varied mortgage abuses, most judges remained pro-bank, when it comes to credit card debt, the conduct of lenders is so bad that judges are actually showing some signs of skepticism.<br />
<br />
From "Problems Riddle Moves to Collect Credit Card Debt" - NYT:<blockquote><br />
	<br />
As they work through a glut of bad loans, companies like American Express, Citigroup and Discover Financial are going to court to recoup their money. But many of the lawsuits rely on erroneous documents, incomplete records and generic testimony from witnesses, according to judges who oversee the cases.<br />
	<br />
Lenders, the judges said, are churning out lawsuits without regard for accuracy, and improperly collecting debts from consumers. The concerns echo a recent abuse in the foreclosure system, a practice known as robo-signing in which banks produced similar documents for different homeowners and did not review them.<br />
</blockquote><br />
<br />
Hopefully, unlike the recent case of Goldman Sachs walking away from any liability or accountability for their role in the financial crisis banks will be held accountable in court for their blatant abuse of coustomers. Matt Taibbi at Rolling Stone had a good piece titled, <a href="http://www.rollingstone.com/politics/blogs/taibblog/ag-eric-holder-has-no-balls-20120815">Goldman Non-Prosecution: AG Eric Holder Has No Balls</a> in which he points out:<blockquote><br />
	<br />
You know that look a dog gives you when you show it something confusing, like an electric razor or a lawn sprinkler? That's the look federal prosecutors give when companies like Goldman wave their attorneys' sanctifying opinions at them. They scratch their heads and say: "Oh, wow, well since this was signed in Australia by three millionaire lawyers wearing magic invisibility cloaks, it really isn't fraud! They're right!"<br />
	<br />
As one high-profile attorney currently working on a closely-watched case involving a Wall Street bank put it to me yesterday: "With these Justice guys, everything the Wall Street lawyers say makes perfect sense to them, no matter how dumb it is.<br />
</blockquote><br />
<br />
It's the same look a lot of judges get when you talk to them about the Mortgage Electronic Registration System (MERS), securitization, or clouded chains of title. Credit card debt however, is a little more clear cut and easy to understand. You borrow a certain amount of money at a certain rate of interest and pay it back in a certain amount of time. There's not a lot of wiggle room when it comes to this and nowhere near the amount of moving parts that come with a mortgage. According to the article, interviews with dozens of state judges, regulators and lawyers showed lenders trying to collect money that had already been paid or that companies had increased the size of the debt by adding erroneous fees and fines.<br />
<br />
The <em>Tampa Bay Times</em> reported earlier this month that JPMorgan Chase was reporting inflated and inaccurate balances in thousands of customer accounts:<blockquote><br />
	<br />
A former employee and whistle-blower at JPMorgan Chase said that after she discovered and reported to managers that inaccurate balances were found in nearly 23,000 delinquent accounts, she was fired from her assistant vice president job. The U.S. Office of the Comptroller of the Currency is investigating the claim. In a review of lawsuits filed by credit card and other companies, the Federal Trade Commission's division of financial practices found some of the industry's lawsuits were based on incomplete or false paperwork.<br />
</blockquote><br />
<br />
Courts across the country are <a href="http://bottomline.nbcnews.com/_news/2012/08/20/13375779-courts-flooded-with-poorer-americans-representing-themselves?lite">flooded with tens of thousands of cases</a>. Most of the defendants represent themselves and are unable to afford legal representation. <a href="http://dealbook.nytimes.com/2012/08/12/problems-riddle-moves-to-collect-credit-card-debt/?ref=business">Judge Noach Dear, a civil court judge in Brooklyn, presided over as many as 100 such cases a day</a>. A vast majority of the cases have no merit and no supporting evidence - it's a numbers game.<br />
<br />
As <a href="http://www.metrickesq.com/">Ira Metrick, a New Jersey consumer and foreclosure defense attorney</a> puts it, "It's cheaper for the credit card companies to lose a few cases when they are questioned, compared to the expense of doing every case the right way."<br />
<br />
Remember the bean counters and the Pinto? Why fix a whole line of exploding cars when only a few families are going to burn to death? It's cheaper to settle the law suits than it is to keep everyone safe.  <br />
<br />
As for proof of debt, the card companies play the same game that was played by the mortgage industry. Rather than provide tangible evidence of the debt, they provide bogus and illegal affidavits from "experts". Much like the mortgage robo-signing had its infamous signers - <a href="http://www.lexisnexis.com/community/realestatelaw/blogs/troubledloans/archive/2011/08/09/linda-green-the-original-robo-signer.aspx">Linda Green probably being the most well-known</a>, made famous by <a href="http://www.huffingtonpost.com/richard-zombeck/mass-registry-of-deeds-a-_b_875884.html">Massachusetts Registry of Deeds John O'Brien</a>, the card companies have their own in-house forgers.<br />
<br />
From OCC Probing JPMorgan Chase Credit Card Collections - American Banker<blockquote><br />
	<br />
One of Chase's most prolific affidavit signers was Ruben Alcaraz, one of three San Antonio liaisons with the in-house collections attorneys, court filings indicate. By law, collection affidavits require the signer to be familiar with the bank's pertinent records. "Based upon my review of the Plaintiff's books and records of Defendant's account(s), I have personal knowledge of the facts set forth in the attached pleading," states one Pennsylvania card-debt affidavit signed by Alcaraz. "This verification is made subject to the penalties of [Pennsylvania law] relating to unsworn falsification to authorities."<br />
	<br />
Numerous former employees say that Alcaraz and his colleagues rarely if ever reviewed such files. They routinely signed stacks of affidavits on flights and in meetings, which in some cases were attended by Helaire, Lazinbat and Chase compliance staffers. Nobody objected, Almonte and others say. Alcaraz also describes himself in the court documents as an "officer of the bank" and an "Assistant Treasurer." High-level Chase management had instructed the staff to stop signing documents using such titles around the middle of the last decade, four Chase sources say. But Lazinbat ordered them to do it anyway. An operator for Chase's internal switchboard identified Alcaraz as a "business analyst."<br />
</blockquote><br />
<br />
It gets better. In March of this year American Banker reported that JPMorgan Chase sold $200 million of bad debt to collection agencies without actually providing any proof of that debt - you know those infuriating calls that come up as "unknown caller" you get twenty times a day when you're sitting down to dinner, at your desk, riding in your car, on a date, just getting up, etc.<blockquote><br />
	<br />
As the originators of credit card loans, banks are at the headwaters of the rivers of bad debt that flow into the collections industry. Over the last two years, Bank of America has charged off $20 billion in delinquent card debt. The bank settles or collects a portion of that itself and retires other accounts when borrowers go bankrupt or die. An undisclosed portion of the delinquent debt gets passed along to collectors. Once sold, rights to such accounts are often resold within the industry multiple times over several years.<br />
</blockquote><br />
<br />
Much like the anti-homeowner/moral hazard argument that always seems to come up around these topics, I'm anticipating that we'll hear a flurry of comments about how irresponsible borrowers brought this on themselves and if everyone just paid their bills on time and read their contracts none of this would have ever happened. To that argument I submit that the deck is stacked against the consumer. I have seen due dates change at the drop of a hat, fees mysteriously appear on statements and balances more than triple in a matter of months. There is no such thing as an even playing field and for the most part the other side cheats.<br />
<br />
Take this quote from the third page of the <a href="http://judiciary.house.gov/hearings/pdf/Donovan090505.pdf">written testimony of Michael D. Donavan before House Subcommittee on Commercial and Administrative Law's hearing on the Federal Arbitration Act</a>:<blockquote><br />
	<br />
During the course of the litigation, the class action lawyers discovered that Providian intentionally had embedded the wrong zip code into the bar codes for the return bill payment envelopes to ensure that customer payments would be delayed and thereby increase the late fee revenues Providian could charge and collect.<br />
</blockquote><br />
<br />
Did you get that? In order to slam consumers with bogus fees, they made sure the payments were late.<br />
<br />
Paperwork is often laughably incorrect and almost too obviously forged or fabricated:<blockquote><br />
	<br />
In 2010, Discover sued Taryn Gregory for more than $7,000 in credit card debt. Ms. Gregory, of Commerce, Ga., had fallen behind on her bills, but said she had accumulated only $4,000 in debt.<br />
	<br />
After the suit was filed, Ms. Gregory, a 41-year-old child care assistant, asked Discover for proof of the balance. The resulting documents, which were reviewed by The New York Times, have inconsistencies. One statement, for example, says it was produced in 2004, but advertisements on the bottom of the document bear a 2010 date.<br />
</blockquote><br />
<br />
A couple of years ago I went to court for a $2600 Capital One credit card balance. It was one of those introductory cards with a $750 limit. In other words you have a maximum purchasing power of $750 until you pay off or pay down that amount. You couldn't buy $1000 worth of stuff, much less $2600. I sat in court for several hours (they call cases alphabetically around here) and watched as dozens of people lined up to speak to the collection agency's attorney. He asked each defendant one question: "How much can you pay each month?" Not one person questioned the debt nor did they ask for proof. They took an entire day off of work to agree to pay something because it was sent to them on official letterhead and was from a financial institution. When it was my turn, I asked for his proof of my debt. He shuffled through an enormous stack of papers and came up with, well, nothing. He showed me a statement from Capital One and I pointed out that a statement wasn't a proof of debt. It would be like me showing up at your house with construction paper and a crayon claiming you owed me that two grand from my previous example.<br />
<br />
After some discussion and wanting to settle a legitimate debt, we agreed on a reasonable amount. I paid it, got a receipt and the debt was removed from my credit report.<br />
<br />
There's no doubt that experiences like this are nerve racking. I had my share of dry heaves for two days anticipating my court appearance, but the thought of being railroaded and bullied out of more money than I actually owed just because the other guy is bigger than me and wants my lunch money was frankly unappealing.<br />
<br />
The paperwork at the banks is horrendous. The mortgage mess has proven that. We've seen time and time again that bogus signatures, affidavits and forged documents have permeated our legal system and made a mockery of a legal system that we once saw as flawless and fair.<br />
<br />
According to the New York Times article, nearly 95 percent of lawsuits result in default judgments simply because the person doesn't show up, and that's a win for the banks. A win that can result in garnered wages and frozen bank accounts for the card holder - something the credit card companies are apparently banking on.<blockquote><br />
	<br />
Many judges said that their hands are tied. Unless a consumer shows up to contest a lawsuit, the judges cannot question the banks or comb through the lawsuits to root out suspicious documents. Instead, they are generally required to issue a summary judgment, in essence an automatic win for the bank.<br />
	<br />
"I do suspect flaws," said Harry Walsh, a superior court judge in Ventura, Calif. "But there is little I can do."<br />
</blockquote><br />
<br />
If you're facing a situation like this, there's quite a bit of legitimate help out there for consumers in need. You can check out the <a href="http://www.naca.net/">National Association of Consumer Advocates</a>; <a href="http://www.maxbankruptcybootcamp.com/find-graduates">Max Gardner's Bankruptcy Boot Camp has a list of graduates from all around the country</a>; and we're putting together a directory of trusted attorneys over at <a href="http://homepreservationnetwork.com/">Home Preservation Network</a>. You can always drop us a line with the contact form if you can't find what you're looking for.<br />
<br />
At the very least, show up in court, educate yourself and know your rights. <a href="http://www.creditslips.org/creditslips/2012/08/learn-how-to-defeat-debt-collection-cases-involving-junk-debt-buyers-and-other-robo-signers.html?utm_source=feedburner&amp;utm_medium=feed&amp;utm_campaign=Feed%3A+creditslips%2Ffeed+%28Credit+Slips%29">Nathalie Martin over at CreditSlips.org</a> had a great write up in which she points to a "fantastic paper" written by Professor Peter Holland at U Maryland Law, titled, "<a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2079155">Defending Junk-Debt-Buyer Lawsuits</a>." Download it, read it, and absorb it.<br />
<br />
<strong>Et cetera:</strong> In an unrelated but pertinent story, I recently wrote about <a href="http://www.huffingtonpost.com/richard-zombeck/wells-fargo-retaliates-by_b_1595308.html">Wells Fargo freezing the bank accounts of some well-known and outspoken financial bloggers</a>. The plot seems to have thickened with Comcast customers now unable to get to those sites. Aaron Krowne, the site's founder wrote in a post on August 15<sup>th</sup>, nearly ten day into the blackout:<blockquote><br />
	<br />
So now we have to wonder: did Wells Fargo pull strings with COMCAST to "punish" ML-Implode by blacking us out to the major US broadband provider? Or -- even more disturbing -- are Wells and COMCAST both mere instruments of a concerted action being directed from even higher levels -- i.e. a harassment and subversion campaign by the government itself (and/or the masters of the all-powerful "banking cabal" -- who make the US federal government jump when they say "jump")?<br />
	<br />
Since COMCAST is by far the largest ISP, if "someone" wanted to send a signal to our plucky truth-to-power-speaking site by making it "disappear" as viewed from a single internet service provider, COMCAST would be the one to pick to send the clearest message -- horse-head-like.<br />
</blockquote><br />
<br />
You can read the entire post <a href="http://blog.ml-implode.com/2012/08/why-has-largest-us-isp-comcast-totally-blacked-out-ml-implode/">here</a>. If you're a Comcast customer, we've posted it over at Home Preservation Network <a href="http://homepreservationnetwork.com/blog-opinion-analysis/entry/why-has-largest-us-isp-comcast-totally-blacked-out-ml-implode">here</a>, since as of the writing of this post the site is still inaccessible to Comcast customers. Three weeks should be more than enough time for one of the largest internet providers in the country to fix a DNS issue.<br />
<br />
<em>Content concerning legal matters is for informational purposes only, and should not be relied upon in making legal decisions or assessing your legal risks.  Always consult a licensed attorney in the appropriate jurisdiction before taking any course of action that may affect your legal rights.</em>]]></content>
</entry>

<entry>
    <title>Below the Fold: Ed DeMarco Should Do His Job -- It's a Matter of Principal</title>
    <link rel="alternate" type="text/html" href="http://www.huffingtonpost.com/richard-zombeck/below-the-fold-demarco-sh_b_1731214.html"/>
    <id>tag:www.huffingtonpost.com,2012:/theblog//3.1731214</id>
    <published>2012-08-02T13:45:12-04:00</published>
    <updated>2012-10-02T05:12:06-04:00</updated>
    <summary><![CDATA[Acting Federal Housing Finance Agency (FHFA) Director Ed DeMarco has not been shy about letting underwater homeowners sink. This week, he made it painfully clear that despite the Administration calling for principal reduction, he would have no part of it.]]></summary>
    <author>
        <name>Richard Zombeck</name>
        <uri>http://www.huffingtonpost.com/richard-zombeck/</uri>
    </author>
    <content type="html" xml:lang="en" xml:base="http://www.huffingtonpost.com/richard-zombeck/"><![CDATA[<em>A wrap-up of stories and posts you might have missed or overlooked -- the ones below the fold.</em><br />
<br />
Acting Federal Housing Finance Agency (FHFA) Director Ed DeMarco has not been shy about letting underwater homeowners sink. This week, he made it painfully clear that despite the Administration calling for principal reduction, he would have no part of it. His reasoning appears to be more out of contempt for borrowers and the minions whose loans are held by Fannie and Freddie Mac than any legitimate business or accounting decision.<br />
<br />
Since 2008, DeMarco has run the FHFA as an independent regulator of the now government (and taxpayer) owned Fannie Mae and Freddie Mac. Over the past year DeMarco has been under pressure by liberal advocates, congressman, and journalists to use his position and authority to help struggling homeowners.<br />
<br />
In March of this year, Rep. Barney Frank called DeMarco "rigid" in <a href="http://thehill.com/homenews/house/215369-barney-frank-joins-calls-for-top-fannie-freddie-regulator-to-be-replaced">The Hill</a> and chastised DeMarco for the way he's running the agency:<blockquote><br />
He's acting as if he was head of two private companies called Fannie and Freddie and not taking into account the impact this has on the economy, and I think he should be more cooperative with efforts to reduce foreclosures.<br />
</blockquote><br />
<br />
<a href="http://peters.house.gov/news-releases/us-rep-gary-peters-denounces-fhfas-decision-to-deny-assistance-to-thousands-of-underwater-homeowners/">Congress Gary Peters of Michigan wrote in a press release</a> on Tuesday:<blockquote><br />
By refusing to implement a principal reduction program, FHFA is turning it's back on hundreds of thousands of underwater homeowners and costing taxpayers billions of dollars. Principal reduction would not only help struggling families stay in their homes, it would also stabilize housing markets and bring much needed relief to communities that have been hit the hardest by the housing crisis. I introduced the Preserving American Homeownership Act to force FHFA to give thousands of underwater homeowners the option of principal reduction and I'm going to keep fighting to get it done.<br />
</blockquote><br />
<br />
Peter Goodman of Huffington Post wrote a scathing piece about DeMarco, calling him the single largest obstacle to a meaningful recovery.<blockquote><br />
If DeMarco were fire chief and your house became engulfed in flames, you could forget about calling 911. By his reasoning, the taxpayer would be best served by keeping the fire engines in the station, lest they get damaged in the line of duty. It would not matter whether the flames licking your windows were the result of your recklessness or the product of an explosion at, say, the methamphetamine lab down the street. He would not run up the municipal water bill by saving your block.<br />
</blockquote><br />
<br />
Even Republican (and international gaffer) Mitt Romney is on board with similar plans that have been proposed to DeMarco. <a href="http://www.washingtonpost.com/blogs/ezra-klein/post/mass-refinancing-the-biggest-thing-obama-can-do-without-congress/2011/08/25/gIQA8RG1nP_blog.html">Glenn Hubbard, Romney's chief economic adviser who also served as President George W. Bush's chief economist proposed plans that would reduce monthly payments</a>:<br />
<blockquote><br />
Hubbard is an advocate for using Fannie Mae and Freddie Mac to set off a nationwide wave of mortgage refinancing. In a paper co-authored with Columbia economist Christopher Mayer, Hubbard estimates that more than 75 percent of the homeowners with 30-year mortgages backed by Fannie or Freddie are paying interest rates higher than 5 percent. But for the past two years, interest rates have been closer to 4 percent. That means tens of millions of Americans are paying more than they need to every single month.<br />
</blockquote><br />
<br />
Or, as was also proposed, he could have let Fannie and Freddie borrowers use the Treasury's principal reduction plan, HAMP, resulting in homeowners paying interest on less mortgage.<br />
<br />
On Tuesday, <a href="http://www.fhfa.gov/webfiles/24113/PFStatement73112.pdf">in a one page, two paragraph, 204 word letter</a>, he rejected that option:<br />
<br />
After extensive analysis of the revised HAMP PRA, including the determination by the Treasury Department to begin using Troubled Asset Relief Program (TARP) monies to make incentive payments to Fannie Mae and Freddie Mac, FHFA has concluded that the anticipated benefits do not outweigh the costs and risks. Given our multiple responsibilities to conserve the assets of Fannie Mae and Freddie Mac, maximize assistance to homeowners to avoid foreclosures, and minimize the expense of such assistance to taxpayers, FHFA concluded that HAMP PRA did not clearly improve foreclosure avoidance while reducing costs to taxpayers relative to the approaches in place today.<br />
<br />
Treasury Secretary Tim Geithner <a href="http://www.treasury.gov/connect/blog/Documents/letter.to.demarco.pdf">followed up with an eight page public letter</a>, accompanied by a five page memorandum in which Treasury staff lays out their case for principal reduction. In the letter Geithner argues that allowing principal reduction would ultimately save taxpayers as much as $1 billion.<blockquote><br />
	<br />
I do not believe it is the best decision for the country because, as we have discussed many times, the use of targeted principal reduction by the GSEs would provide much needed help to a significant number of troubled homeowners, help repair the nation's housing market, and result in a net benefit to taxpayers.<br />
</blockquote><br />
<br />
Geithner, probably refraining from saying, "Now you're just making stuff up," referred to the FHFA's numbers as "selective" and pointed out that the agency's own analysis "has shown that permitting the GSE's to participate in the program could help up to half a million homeowners and save the GSEs $3.6 billion compared to standard loan modifications.<br />
<br />
Geithner ends his letter with an uncharacteristic and surprisingly empathetic tone:<blockquote><br />
	<br />
Five years into the housing crisis, millions of homeowners are still struggling to stay in their homes, and the legacy of the crisis continues to weigh on the market. You have the power to help more struggling homeowners and help heal the remaining damage from the housing crisis. I hope you will move to address these problems with a sense of urgency and force commensurate with the scale of the remaining challenges.<br />
</blockquote><br />
<br />
So what's DeMarco's problem? Moral Hazard and his aforementioned apparent contempt for the common man. According to DeMarco if he were to allow principal reduction, interest reduction, or even start handing out vouchers for a free hot dog at the ball park, homeowners everywhere would suddenly leap into action (or inaction) and all go into default. He also argues that it would cost taxpayers money.<br />
<br />
There are a couple of problems with DeMarco's logic, aside from the painfully obvious ones, one of the more glaring being that he's starting to appear like little more than a civil servant hack with delusions of grandeur.<br />
<br />
There are plenty of ways to avoid the "moral hazard" of homeowners suddenly revolting against mortgage payments in an effort to get a free house. More to the point there's little evidence to support DeMarco's fear that homeowners will suddenly stop paying their mortgage. In fact, following the recent <a href="http://www.justice.gov/opa/pr/2012/February/12-ag-186.html">$25 Billion AG settlement</a>, credit rating agency Fitch saw no signs of strategic default rising. <a href="http://www.housingwire.com/news/fitch-sees-no-sign-strategic-default-rising-principal-reductions">Housingwire wrote in a July article</a>:<blockquote><br />
	<br />
Fitch views strategic defaults as an ongoing concern. That said, there does not appear to be any sign yet of a material change in the behavior of underwater borrowers attempting to strategically default to qualify for a reduction.<br />
</blockquote><br />
<br />
Another obvious solution, but seemingly out of DeMarco's grasp is a simple, yet effective, cutoff date. <a href="http://www.nationalmortgagenews.com/dailybriefing/principal-reduction-economic-decision-not-moral-1031208-1.html">Laurie Goodman of Amherst Securities recently offered one simple solution</a>: Make it a one-time program open to borrowers that are already delinquent when the program begins. This would limit the borrower's ability to default intentionally just to be eligible. Too easy? How about some skin in the game? John Griffith and Jordan Eizenga <a href="http://www.americanprogress.org/issues/2012/03/principal_reductions.html">writing for AmericanProgress.org</a> suggest shared appreciation:<blockquote><br />
To maximize returns to Fannie and Freddie, we propose a pilot program that reduces principal--often by as little as 5 percent or 10 percent--without creating skewed incentives for borrowers. Through so-called "shared appreciation" modifications, Fannie or Freddie agrees to write down a portion of the principal on deeply underwater loans in exchange for a portion of the future appreciation on the home. The borrower has a reason to keep paying, while the lender benefits when home prices eventually stabilize and rebound.<br />
<br />
Since the borrower has to give up a meaningful share of future home price appreciation, basically establishing a cost for program participation, the shared appreciation modification is not particularly attractive to borrowers that don't need it. And by phasing in the principal reduction--say, over the course of three years contingent on meeting every monthly payment--the borrower has additional incentive to stay current on their mortgage. Both of these program rules deter borrowers from defaulting on their loan just to get a reduction in principal, what some critics call the "moral hazard" problem.<br />
</blockquote><br />
<br />
So really, the moral hazard argument, which seems to be the only one DeMarco is going with, also assumes that homeowners can default at little or no cost - hence the contempt. Delinquencies affect credit scores, cause stress, and can still end in foreclosure despite any well laid plans - there's always a risk.<br />
<br />
It's not as if any of this is news to DeMarco. Back in June, Rep. Gary Peters along with two other congressmen introduced "<a href="http://peters.house.gov/news-releases/us-reps-peters-campbell-and-ellison-introduce-bipartisan-plan-to-help-underwater-homeowners-stay-in-their-homes/" target="_hplink">The Preserving American Homeownership Act of 2012</a>," a thoughtful and cogent solution to DeMarco's arguments. "This legislation offers homeowners that meet certain criteria the opportunity to repay and remain current on their loan, which would prevent Fannie Mae and Freddie Mac from incurring additional losses," Peters said.<br />
<br />
The bill offers a pilot program for struggling homeowners with Fannie and Freddie loans and a trial period:<br />
<blockquote><br />
<br />
The Preserving American Homeownership Act directs the FHFA and FHA to create a principal reduction pilot program.  Where principal reduction would result in a net present value gain for taxpayers, the homeowner would be eligible for an immediate reduction in principal to a loan to value (LTV) ratio of 115%.  If the homeowner continues to make payments for three years additional reductions would be phased in resulting in a LTV ratio of 95%.  In order to be eligible for a principal reduction, the homeowner would have to be in danger of foreclosure and so deeply underwater that other remedies, such as principal forbearance, interest rate reduction, or term adjustment will not be enough to give the homeowner an affordable monthly payment.</blockquote><br />
<br />
The bill, as the press release on Peters' website points out is a bipartisan effort to give relief to underwater homeowners. "Too many Americans, including thousands in Minneapolis, have been dealing with this housing crisis for six years with little relief," said Rep. John Campbell (R-CA) who co-authored the bill along with Keith Ellison (D-MN). "Any homeowner whose house is 'underwater' is struggling and this bill could give them a clean slate. This bill would let families keep their homes and let investors preserve their investment, which would be fair to families, good for our communities, and would contribute to our economic recovery."<br />
<br />
There's even mention of a shared appreciation model, making it painfully obvious that FHFA would stand to benefit from the plan:<br />
<blockquote><br />
Losses to taxpayers are further reduced by requiring homeowners to share in any future appreciation.  If the borrower sells their home or refinances their mortgage he or she is required to share up to 50% of any appreciation in value to offset the cost of the principal reduction.</blockquote><br />
<br />
With plenty of support from the public, congress, journalists, economists, and the Administration, DeMarco's push back seems more like a spoiled child's tantrum as opposed to simple ignorance on the part of a life long civil servant with an axe to grind. <br />
<br />
This isn't simply about underwater homeowners and "responsible borrowers" looking down their noses at people in trouble. This about the economy at large. As the article, "Why is Ed DeMarco Blocking a Win-Win Housing Program?" in Time points out:<blockquote><br />
Even if you're not an underwater homeowner, this pertains to you because American taxpayers -- through the government's conservatorship of Fannie Mae and Freddie Mac -- own or guarantee roughly 60% of the outstanding mortgages in America. So if proponents of principal reduction are correct, implementing such a plan through Fannie and Freddie would save taxpayers money, help out struggling homeowners, and stimulate the broader economy.<br />
</blockquote><br />
<br />
The simple fact is, that there's a very good chance the <a href="http://www.whptv.com/news/local/story/Foreclosure-crisis-could-get-worse/OXnwbmRVoUa1RIWJqxjx_A.cspx?rss=50">foreclosure crisis could get worse</a> as <a href="http://www.realtytrac.com/content/foreclosure-market-report/midyear-2012-metro-foreclosure-market-report-7305">almost 60 percent of the nation's largest metropolitan areas saw increased foreclosure activity in the first half of 2012</a>, according to a recent report from foreclosure information website RealtyTrac, and <a href="#ixzz22JkD2Lhy">cities are being destroyed by foreclosures</a>.<br />
<br />
DeMarco seems to be gladly taking on the role of, as my dad used to say, a pimple on the ass of progress, and should be more concerned with actual mandates of his job. Under <a href="http://www.fhfa.gov/webfiles/23344/StrategicPlanConservatorshipsFINAL.pdf">the statute creating the FHFA</a>, that job is to protect Fannie and Freddie's finances and to ensure that they are "in sound and solvent condition," not to prevent net losses of taxpayer money.<br />
<br />
Even if it were his job to preserve taxpayer money, it's not even clear if he's correct in that assessment. As Paul Krugman points out in a piece calling for DeMarco's firing, simply titled, "<a href="http://krugman.blogs.nytimes.com/2012/07/31/fire-ed-demarco/">Fire Ed DeMarco</a>" DeMarco's analysis fails to take into account the benefits of economic growth potentially realized by Fannie and Freddie resulting from the plan:<blockquote><br />
	<br />
That's a very arguable point even on its own terms, because the paper he cited (pdf) in support of his stance took no account of the positive effects on the economy of debt relief -- even though those effects are the main reason for offering such relief. Since a reduction in debt burdens would strengthen the economy, this would mean greater revenue -- and this might well offset any losses from the debt forgiveness itself. Furthermore, even if there's a small net cost to taxpayers, debt relief is still worth doing if it yields large economic benefits.<br />
</blockquote><br />
<br />
Krugman goes on to argue and point out just who DeMArco is working for here:<blockquote><br />
In any case, however, deciding whether debt relief is a good policy for the nation as a whole is not DeMarco's job. His job -- as long as he keeps it, which I hope is a very short period of time -- is to run his agency. If the Secretary of the Treasury, acting on behalf of the president, believes that it is in the national interest to spend some taxpayer funds on debt relief, in a way that actually improves the FHFA's budget position, the agency's director has no business deciding on his own that he prefers not to act.<br />
</blockquote><br />
<br />
Americans are a hearty and hopeful lot and DeMarco may be counting on that, but the situation doesn't appear to be getting better any time soon. If the housing market doesn't improve, unemployment keeps rising, and life continues to happen in the form of divorce, illness, bills, taxes, etc., strategic default may begin to look like the light at the end of tunnel. Then we'll see how sanctimonious DeMarco can afford to be.]]></content>
</entry>

<entry>
    <title>Below the Fold: Rumor Has It We're Screwed</title>
    <link rel="alternate" type="text/html" href="http://www.huffingtonpost.com/richard-zombeck/below-the-fold-rumor-has-_b_1704354.html"/>
    <id>tag:www.huffingtonpost.com,2012:/theblog//3.1704354</id>
    <published>2012-07-26T13:07:49-04:00</published>
    <updated>2012-09-25T05:12:06-04:00</updated>
    <summary><![CDATA[We're screwed. That's as good a place to start this post as any. Congress and the Administration have been co-opted -- bought and paid for. Financial regulation is a joke and fraud is a business model and seen as standard operating procedure.]]></summary>
    <author>
        <name>Richard Zombeck</name>
        <uri>http://www.huffingtonpost.com/richard-zombeck/</uri>
    </author>
    <content type="html" xml:lang="en" xml:base="http://www.huffingtonpost.com/richard-zombeck/"><![CDATA[<em>A wrap-up of stories and posts you might have missed or overlooked -- the ones below the fold.</em><br />
<br />
We're screwed. That's as good a place to start this post as any. Congress and the Administration have been co-opted -- bought and paid for. Financial regulation is a joke and fraud is a business model and seen as standard operating procedure. Fines are so ridiculously non-punitive that they not only don't serve as punishment, but may actually incentivize crime.<br />
<br />
I made that point on <a href="http://www.revolutionboston.com/podcast/2011-11/3304">Revolution Boston 1510 back in November 2011 on The Jeff Santos Show</a>, "If I got arrested robbing houses and had to give back ten percent of what I stole, not only would I keep robbing houses, I'd hire a crew."<br />
<br />
In the <a href="http://www.chomsky.info/articles/199805--.htm">words of Noam Chomsky</a>:<blockquote><br />
	<br />
	The most effective way to restrict democracy is to transfer decision-making from the public arena to unaccountable institutions: kings and princes, priestly castes, military juntas, party dictatorships, or modern corporations.<br />
</blockquote><br />
<br />
Even the normally conservative publication <a href="http://www.economist.com/node/21558260">The Economist</a> used the term "Bankster" in a recent piece.<br />
<br />
For some, there's no apparently obvious way out of this. We've become so entrenched and apathetic that upward movement or change seems nearly impossible.<br />
<br />
L. Randall Wray, Professor of Economics at the University of Missouri-Kansas City and Senior Scholar at the Levy Economics Institute of Bard College, NY, writes at the end of a recent post on Economonitor, "Why We're Screwed" that there are two possible scenarios.<blockquote><br />
	<br />
	In the first, we allow Wall Street to carry on its merry way, as the foreclosure crisis continues and Wall Street steals all homes, packaging them into bundles to be sold for pennies on the dollar to hedge funds. All wealth will be redistributed to the top 1% who will become modern day feudal lords with the other 99% living at their pleasure on huge feudal estates.<br />
</blockquote><br />
<br />
Which will take decades and, according to Wray, seems inevitable and by design.<br />
<br />
The second is that, "the 99% occupy, shut down, and obliterate Wall Street," and it's a pretty fair assumption that we won't see that any time soon.<br />
<br />
Add to the mix a general public that's beaten, depressed, apathetic, over worked, under paid, over medicated (prescribed or otherwise), and generally misinformed or ill-informed and there's not much fight left.<br />
<br />
The LIBOR scandal, for example, has been discussed ad nauseam. Misreported as it is, it's still being talked about. For people who get their news in sound bites in the hopes of appearing well informed at the office or in the bar what they get isn't always what they need.<br />
<br />
Larry Kudlow from the self-named <a href="http://video.cnbc.com/gallery/?video=3000103521&amp;amp;play=1">"Kudlow Report" on CNBC called the LIBOR debacle a victimless crime</a>. Remember, this is coming from an over paid guy with his own show on a major network. Not some unpaid hack blogging on Huffington Post. Of course, this is <a href="http://www.celebritynetworth.com/watch/vXLubmqOjE8/larry-kudlow-blames-poor/">the same guy who blamed poor people for the mortgage crisis</a>. A statement like that could only come from someone who either has no business commenting, much less reporting, on the economy, or is simply lying.<br />
<br />
Kudlow argues in the segment that when the LIBOR went down it benefitted borrowers, so who cares? The problem is it didn't just go down. It was manipulated in both directions. As far as it being a victimless crime: LIBOR goes up, it affects mortgages, student loans, credit cards, rent, etc. LIBOR goes down and it affects <a href="http://www.huffingtonpost.com/2012/07/11/libor-scandal-lawsuits_n_1665708.html">state and local government</a> - schools, nursing homes, roads, hospital - yup, no victims there.<br />
<br />
Student loan too high? LIBOR. Rent going up? LIBOR. Mortgage just adjusted to 12 percent? LIBOR. Leaky roof at the nursing home, no pillows at the hospital, three-year-old pot hole on your street? LIBOR. In fact there's probably a little LIBOR in your morning coffee.<br />
<br />
Here's your victimless crime explained by <a href="http://www.alternet.org/story/156352/wall_street%27s_biggest_heist_yet_how_the_high_wizards_of_finance_gutted_our_schools_and_cities">Pam Martens over at Alternet</a>. The whole piece is well worth reading as Martens worked on Wall Street for 21 years:<blockquote><br />
	<br />
	The Libor rate was used to manipulate, not just tens of trillions of consumer loans, but hundreds of trillions in interest rate contracts (swaps) with municipalities across America and around the globe. (Milan prosecutors have charged JPMorgan, Deutsche Bank, UBS and Depfa Bank with derivatives fraud and earning $128 million in hidden fees.)<br />
	<br />
	Rigging Libor also inflated the value of the trash that Wall Street was parking in 2008 and 2009 at the Federal Reserve Bank of New York to extract trillions in cash at near zero interest-rate loans from the public purse. When rates rise, bond prices decline. When rates decline, bond prices rise. The Federal Reserve made loans to Wall Street based on a percentage of the face value of their bonds and mortgage backed securities that they presented for collateral. By pushing down interest rates, the banks were getting a lift out of their collateral, allowing them to borrow more.<br />
</blockquote><br />
<br />
As America watches the disparity of wealth grow exponentially, we need to understand that this was not, as Kudlow would like us to believe, a handful of drunken frat boys monkeying with some esoteric index overseas. This was a cartel style, institutionalized transfer of wealth on an unfathomable scale and a crime that the Fed, Congress, and the Administration knew about.<br />
<br />
Here's a quote from a transcript that Mark Gongloff of HuffPo wrote about in "<a href="http://www.huffingtonpost.com/2012/07/13/new-york-fed-libor-documents_n_1671524.html" target="_hplink">New York Fed's Libor Documents Reveal Cozy Relationship Between Regulators, Banks</a>."<blockquote><br />
	<br />
	"We know that we're not posting um, an honest LIBOR," a Barclays employee tells a New York Fed analyst in an April 11, 2008, call, "and yet we are doing it, because, um, if we didn't do it, It draws, um, unwanted attention on ourselves."<br />
	<br />
	The New York Fed representative expresses sympathy and understanding:<br />
	<br />
	"You have to accept it," she says. "I understand. Despite it's against what you would like to do. I understand completely."<br />
</blockquote><br />
<br />
Nice and cozy. Maybe we'd see a little pat on the head or a group hug in the video version. Hot cocoa anyone?<br />
<br />
More to the point of this sort of behavior being standard operating procedure, in "<a href="http://www.washingtonpost.com/opinions/elizabeth-warren-libor-fraud-exposes-a-rotten-financial-system/2012/07/19/gJQAvDnDwW_story.html">Libor fraud exposes Wall Street's rotten core</a>," at the Washington Post.<blockquote><br />
	<br />
	We don't know who else was fixing bets. Other big banks, including some of the largest in the United States, are under investigation. Barclays doesn't appear to have acted alone, and it is clear that its fixes weren't secret deals by rogue traders. Traders put requests to manipulate the rates in writing and even joked about delivering champagne to those who helped them. It is also clear that many of those who didn't have a fixer -- including consumers, community banks and credit unions -- lost money. Barclays padded its bottom line by taking money from everyone else. It won when it shouldn't have won -- and others lost when they shouldn't have lost. The amount of money involved is staggering.<br />
</blockquote><br />
<br />
The article also points out that on any given day, the credit related transactions linked to LIBOR could be worth $800 Trillion.<br />
<br />
In L. Randall Wray's piece, "<a href="http://www.economonitor.com/lrwray/2012/07/23/why-were-screwed/" target="_hplink">Why We're Screwed</a>," he writes of the banks:<blockquote><br />
	<br />
	... they took over the whole economy and the political system lock, stock, and barrel. They didn't just blow up finance, they oversaw the swiftest transfer of wealth to the very top the world has ever seen. They screwed workers out of their jobs, they screwed homeowners out of their houses, they screwed retirees out of their pensions, and they screwed municipalities out of their revenues and assets.<br />
	<br />
	Financiers are forcing schools, parks, pools, fire departments, senior citizen centers, and libraries to shut down. They are forcing national governments to auction off their cultural heritage to the highest bidder. Everything must go in firesales at prices rigged by twenty-something traders at the biggest and most corrupt institutions the world has ever known.<br />
</blockquote><br />
<br />
No article about the irresponsible and criminal behavior of bankers would be complete without the requisite troll blaming consumers and homeowners. Here's a comment from a reader who calls themselves SirCadbury and is a card carrying member of the "You were asking for it by wearing that skirt" club. Here's the comment (emphasis not mine):<blockquote><br />
	<br />
	Just because you are good at something and make money from it, EVEN AT THE EXPENSE OF OTHERS WHO DIDN'T WORK AS HARD OR STUDY, does not make you a thief or any sort of a criminal.<br />
	<br />
	You want to know THE REAL REASON your silly example of schools, fire departments etc.... have lost????? THEIR OWN GREED!!!<br />
</blockquote><br />
<br />
There's apparently not enough evidence in the world to stop idiotic comments like this from continuing, but I'm going to try any way.<br />
<br />
In a recent article in "The Raw Story" Sarah Jaffe of Alternet wrote "<a href="http://www.rawstory.com/rs/2012/07/21/countrywide-whistleblower-reveals-rampant-mortgage-fraud-part-of-everyday-business/">Countrywide whistleblower reveals rampant mortgage fraud part of 'everyday business</a>,'" in which she writes about whistleblower Eileen Foster, who was an investigator in charge of Fraud Risk Management at Countrywide. The article is a great read for anyone who wants to start their day with that sickening feeling that usually accompanies utter rage. The following quote from the piece is for the anonymous "SirCadbury" and others of his ilk, who still think this all about greedy and irresponsible borrowers.<blockquote><br />
	<br />
	A team of investigators went to Boston to look into the complaints in person and were shocked by what they found. "Typically when you're looking for fraud you've got to really look because one of the primary components of a fraud is concealment," Foster said. "These people weren't concealing it. They were concealing it from corporate, but every person who walked into those branches every day was a participant."<br />
	<br />
	"One process was to cut a signature off one document, paste it and make a photocopy so it looks like an original signature," she continued. "A part and parcel of everyday business was to do anything it took to fund a loan."<br />
	<br />
	They had templates for fabricating documents, cases of Wite-Out for changing names and a method for gaming the automated underwriting system--plugging in income values until they got one that worked and allowed them to underwrite the loan. They'd keep a template bank statement from each bank, then plug in different borrowers' names and an asset amount to prove that the borrower could make the payments on the loan.<br />
</blockquote><br />
<br />
Let's leave it at that.]]></content>
</entry>

<entry>
    <title>Below the Fold: Putting the &quot;Lie&quot; in Libor to Steal Trillions</title>
    <link rel="alternate" type="text/html" href="http://www.huffingtonpost.com/richard-zombeck/below-the-fold-putting-th_b_1668040.html"/>
    <id>tag:www.huffingtonpost.com,2012:/theblog//3.1668040</id>
    <published>2012-07-12T12:15:27-04:00</published>
    <updated>2012-09-11T05:12:10-04:00</updated>
    <summary><![CDATA[Here's an idea: How about holding the financial masters of the universe accountable for this little Libor thing and using that to pay for healthcare and pay down the deficit everyone seems so worried about?]]></summary>
    <author>
        <name>Richard Zombeck</name>
        <uri>http://www.huffingtonpost.com/richard-zombeck/</uri>
    </author>
    <content type="html" xml:lang="en" xml:base="http://www.huffingtonpost.com/richard-zombeck/"><![CDATA[<em>A wrap-up of stories and posts you might have missed or overlooked -- the ones below the fold.</em><br />
<br />
<snip><br />
<br />
<strong>Update: </strong>The Way in which the LIBOR benchmarks are calculated was simplified in this post, as pointed out by "BritishBankers" in the comments.<br />
<br />
<a href="http://www.bbalibor.com/bbalibor-explained/the-basics" target="_blank">As stated on the BBA website:</a><br />
<br />
<blockquote>Thomson Reuters is the designated calculation agent for BBA LIBOR. Data submitted by panel banks into the bbalibor process is received and processed by Thomson Reuters and the data is calculated using guidelines provided by the FX&amp;MM Committee.</blockquote><br />
<center><br />
****</center><br />
<br />
It's been a bit surprising to witness the conspicuous lack of pitchforks and torches, what with all the hubbub about the Libor having been rigged. It's not as if it's headline news though. The media, if they mention it all, has given it a requisite plug between Tom and Katie's break up and the weather. If it makes it past the cutting room floor, it's being downplayed as inconsequential and unimportant. They're describing it as an inter-bank interest rate, rolling their eyes and sloughing it off as something that only affects those financial geniuses on Wall Street. True, the definition does lend itself to that assumption. From Wikipedia: The <a href="http://en.wikipedia.org/wiki/Libor">London Interbank Offered Rate is the average interest rate estimated by leading banks in London that they would be charged if borrowing from other banks</a>. Move along, nothing to see here.<br />
<br />
So here's what you need to know if you don't read past the next few paragraphs: As Matt Taibbi puts it in an <a href="http://www.rollingstone.com/politics/blogs/taibblog/talking-wall-street-corruption-libor-scandal-with-eliot-spitzer-20120706?stop_mobi=yes">interview on Eliot Spitzer's Viewpoint</a>, "Libor is the Sun at the center of the financial universe ... this is like finding out the world is built on quicksand." Libor, Spitzer clarifies, affects every interest rate in the world.<br />
<br />
More importantly, Libor is the standard interest rate used to determine consumer interest rates on credit cards, adjustable rate mortgages, interest-only mortgages, and a majority of small business loans. Lenders earn money by offering consumers loans based on the Libor rate. For example: "LIBOR +1" or the "LIBOR rate + one percent." Meaning that as Libor moves up or down, it can change the amount you pay every month to service your debt. If you have a small business, own a home, finance a car, have a credit card, Libor is in your life.<br />
<br />
Every morning the British Bankers Association would call around to the 16 big banks and get a number -- what their interest rate was for the day. The four highest and four lowest numbers got thrown out, the remaining eight are, for all intents and purposes, averaged out and voila: the Libor rate for the day is determined. The problem, in Taibbi's assessment, is that the banks were lying about their numbers, essentially faking their own credit scores and as a result screwing us out of trillions of dollars one percentage point at a time. Incidentally, Libor was also used to establish the base price for credit-default swaps, the financial instrument of mass destruction at the heart of the 2008 financial crisis.<br />
<br />
That being said, the deafening silence and apathy is astounding. "If some guy had held up a bank and taken a percentage point from every customer in the bank, there'd be a nationwide manhunt," former Ohio AG Marc Dann said in a recent conversation, "This was not a hard crime to miss unless you believe the actors aren't cheaters." <a href="http://www.dannlaw.com/">Dann currently has his own practice</a> and has focused his efforts on defending homeowners in foreclosure.<br />
<br />
<a href="http://www.huffingtonpost.com/2012/07/09/seven-and-a-half-things-you-need-to-know_n_1660227.html?ref=topbar">Barclays Bank of England is at the center of the scandal</a> and it hasn't been made too apparent by the press that nearly every major bank, such as <a href="http://www.huffingtonpost.com/2012/07/05/barclays-bankers-libor-scandal_n_1651761.html?utm_hp_ref=divorce&amp;amp;ir=Divorce&amp;amp;utm_source=pulse&amp;amp;utm_medium=direct&amp;amp;utm_medium=referral&amp;amp;utm_source=pulsenews">Bank of America, Citigroup, UBS and JPMorgan Chase</a>, were allegedly involved in fixing the rate as well.<br />
<br />
State side there's the usual crew chiming in. Gretchen Morgenson, in her <em>NYT</em> piece, "<a href="http://www.nytimes.com/2012/07/08/business/barclays-case-opens-a-window-on-wall-st-fair-game.html?pagewanted=2&amp;amp;_r=1">The British, at Least, Are Getting Tough</a>," looks at how the Brits are handling the scandal compared to our Congress and regulators. While the British government is taking this whole fiasco seriously and actually conducting investigations, our folks are, for the most part, submitting to the banks' pushback of more regulation and greater transparency.<br />
<br />
<blockquote>With each new financial imbroglio, the gulf widens between Main Street's opinion of Wall Street and the industry's view of itself. When Mr. del Missier, the former Barclays chief operating officer, took over as chairman of the Securities Industry and Financial Markets Association last November, he said: "We will continue to work on maintaining and burnishing the level of confidence investors have in our markets, in our own financial institutions, and in the general economic outlook for the future.<br />
	<br />
<br />
	Given the Libor scandal, let's just say good luck with that.</blockquote><br />
<br />
<br />
In "<a href="http://www.rollingstone.com/politics/blogs/taibblog/why-is-nobody-freaking-out-about-the-libor-banking-scandal-20120703#ixzz20HQz8orr">Why is Nobody Freaking Out About the LIBOR Banking Scandal?</a>" Taibbi shows his usual outrage at the lack of coverage on the part of the American press. Pointing out that the top stories in the midst of a story so big and relevant it's impossible to miss were instead, the healthcare ruling, which makes sense, the heat, Tom and Katie, how Katie can wear heels again now that she's not married to a short person, Joe Sandusky, and how fat Chris Christie is and why the hell he hasn't done the bypass surgery yet.<br />
<br />
<blockquote>But to me what's missing from all of this is the "Holy F*#&amp;amp;ing Sh#t!" factor. This story is so outrageous that it shocks even the most cynical Wall Street observers. I have a friend who works on Wall Street who for years has been trolling through the stream of financial corruption stories with bemusement, darkly enjoying the spectacle as though the whole post-crisis news arc has been like one long, beautifully-acted, intensely believable sequel to Goodfellas. But even he is just stunned to the point of near-speechlessness by the LIBOR thing.</blockquote><br />
<br />
I'm still amazed that Taibbi didn't make Joshua Brown's "<a href="http://www.huffingtonpost.com/joshua-m-brown/best-financial-journalists_b_1605584.html">The 25 Most Dangerous People in Financial Media</a>" list. I'm hoping it was an oversight.<br />
<br />
In England and most of Europe, the press is having a field day and people are understandably outraged. Get this: Even government officials are freaking out. <a href="http://www.nakedcapitalism.com/2012/07/massive-furor-in-uk-over-libor-manipulation-wheres-the-outrage-here.html">Yves Smith wrote</a>:<br />
<br />
<blockquote>Yves: The Guardian quotes Mervyn King, Governor of the Bank of England:<br />
	<br />
<br />
"It is time to do something about the banking system...Many people in the banking industry are hardworking and feel badly let down by some of their colleagues and leaders. It goes to the culture and the structure of banks: the excessive compensation, the shoddy treatment of customers, the deceitful manipulation of a key interest rate, and today, news of yet another mis-selling scandal."<br />
	<br />
Yves: Could you imagine Ben Bernanke saying that? And consider this remark from a <em>Guardian</em> article by Will Hutton:<br />
	<br />
"Investment banking is an organized scam masquerading as a business. It is defined by endemic conflicts of interest, systemic amoral behavior and extreme avarice. Many of its senior figures should be serving prison sentences or disgraced - and would have been if British regulators had been weaned off the doctrine of "light touch" regulation earlier and if the Serious Fraud Office's budget had not been emasculated by Mr Osborne. It is a tax on wealth generation and an enemy of honest endeavor - the beast that is devouring British capitalism."</blockquote><br />
<br />
Try getting comments like that from our media or elected officials. Congress and the media seem to be okay with letting this one just slide by, while England's MPs are going hard and fast at the Bank Deputy Governor for his role in the rigging. <a href="http://www.harwichandmanningtreestandard.co.uk/uk_national_news/9805598.MPs_to_grill_Bank_deputy_governor/?utm_medium=referral&amp;amp;utm_source=pulsenews">From the Harwich and Manningtree Standard</a>:<br />
<br />
<blockquote>... the fierce debate over banking ethics will rage on as Labour leader Ed Miliband delivers a speech on his vision for the sector. He will point to the Libor rate-fixing scandal as vindication of his much-criticised attack last year on "predatory" capitalism and promise wide-ranging action.</blockquote><br />
<br />
It's as if millions of Americans getting ripped off to the tune of trillions of dollars is really no big deal, much less a surprise to anyone and that's what makes this particular incident disgusting. The whistle blower law firm of <a href="http://www.labaton.com/en/about/press/Labaton-Sucharow-announces-results-of-financial-services-professional-survey.cfm">Labaton and Sucharow conducted a survey</a> of 500 senior executives in the United States and the UK about unethical and illegal conduct in the financial market.<br />
<br />
<blockquote>According to the survey, 24 percent of respondents reported a belief that financial services professionals may need to engage in unethical or illegal conduct in order to be successful, while 26 percent of respondents indicated that they had observed or had firsthand knowledge of wrongdoing in the workplace. Particularly troubling, 16 percent of respondents reported that they would commit a crime--insider trading--if they could get away with it.</blockquote><br />
<br />
Earlier this week the GOP tried again for the 31<sup>st</sup> time to <a href="http://www.huffingtonpost.com/2012/07/11/health-care-repeal-bill_n_1665710.html">repeal the healthcare bill</a> that will give millions of Americans access to affordable healthcare and place us among the rest of the civilized countries that actually take care of their citizens instead of forcing them to bend over, grab their ankles, and get ready for another financial institution or corporation to stick it to them.<br />
<br />
Here's an idea: How about holding the financial masters of the universe accountable for this little Libor thing and using that to pay for healthcare and pay down the deficit everyone seems so worried about?]]></content>
</entry>

<entry>
    <title>Below the Fold:  Wells Fargo Gets Picked Up On Radar</title>
    <link rel="alternate" type="text/html" href="http://www.huffingtonpost.com/richard-zombeck/below-the-fold-wells-farg_b_1632898.html"/>
    <id>tag:www.huffingtonpost.com,2012:/theblog//3.1632898</id>
    <published>2012-06-28T16:08:02-04:00</published>
    <updated>2012-08-28T05:12:04-04:00</updated>
    <summary><![CDATA[Wells Fargo can't seem to get enough bad press these days. While working with the "any press is good press" theory may work for loud mouths like Rush Limbaugh and Glenn Beck, it's not a strategy normally employed by most consumer based businesses.]]></summary>
    <author>
        <name>Richard Zombeck</name>
        <uri>http://www.huffingtonpost.com/richard-zombeck/</uri>
    </author>
    <content type="html" xml:lang="en" xml:base="http://www.huffingtonpost.com/richard-zombeck/"><![CDATA[<em>A wrap-up of stories and posts you might have missed or overlooked -- the ones below the fold.</em><br />
<br />
For quite some time Wells Fargo managed to stay below the media's radar and let the other guys like Bank of America and JPMorgan Chase, for example, bear the brunt of consumer and activist outrage. Lately, it seems, they've had to prove that they're equally nasty and contemptible as the others. Foreclosing on <a href="http://sfbayview.com/2012/wells-fargo-threatens-foreclosure-leader-archbishop-kings-home-auction-tomorrow-june-21/#.T-MDS5-PGhI.facebook" target="_hplink">priests</a> and <a href="http://www.bizjournals.com/southflorida/blog/2012/06/wells-fargo-sends-chabad-of-boca-raton.html" target="_hplink">temples</a>; <a href="http://www.huffingtonpost.com/richard-zombeck/wells-fargo-retaliates-by_b_1595308.html" target="_hplink">closing</a> bank accounts without apparent reason; promoting and profiting from <a href="http://www.dailykos.com/story/2012/04/12/1082753/-STUNNING-Wells-Fargo-launders-Mexican-drug-cartel-money-then-invests-in-for-profit-prisons" target="_hplink">private prisons</a>; and <a href="http://www.rollingstone.com/politics/news/the-scam-wall-street-learned-from-the-mafia-20120620?page=2" target="_hplink">ripping off</a> towns, states and counties with bid rigging that skimmed money slated for schools, hospitals, and nursing homes.<br />
<br />
Wells Fargo can't seem to get enough bad press these days. While working with the "any press is good press" theory may work for loud mouths like Rush Limbaugh and Glenn Beck, it's not a strategy normally employed by most consumer based businesses.<br />
<br />
In <a href="http://www.huffingtonpost.com/richard-zombeck/wells-fargo-retaliates-by_b_1595308.html">a piece I wrote a couple of weeks ago</a> I speculated that Wells Fargo had closed the bank accounts of ML-Implode's Aaron Krowne out of retribution for Martin Andelman's articles about Wells Fargo's egregious and reprehensible track record in respect to homeowners and foreclosures. It's important to note that Andelman blogs independently, is not paid by ML-Implode, and ML-Implode does not dictate or control what he writes. His blog, however, is hosted on ML-Implode. In essence, it would be like closing Arianna Huffington's bank account because of something I wrote on Huffington Post.<br />
<br />
Wells Fargo took particular offense, asserting that the headline was factually incorrect, but claimed that for privacy reasons they cannot disclose publicly the specifics behind the decision to close accounts. They asked that the title of the article be changed to not use the word "retaliation" and that somehow the original headline, "Wells Fargo Freezes Account in Retaliation," was inaccurate since one of the articles mentioned, "<a href="http://mandelman.ml-implode.com/2012/05/husbands-suicide-yesterday-wells-fargo-to-evict-wife-tomorrow-anyway/">Husband's Suicide Yesterday, Wells Fargo to Evict Wife Tomorrow Anyway</a>," by Martin Andelman was written after they had made the decision to close the account. Andelman's article was written on May 14 and Wells Fargo made the decision to close Krowne's account on May 11.<br />
<br />
While there's a potential argument in favor of that interpretation, that's not the only article in which Andelman chastises Wells Fargo. Some of the articles include the following: "<a href="http://mandelman.ml-implode.com/2012/05/arizona-loan-modification-couple-says-wells-fargo-is-the-scammer-2/">Arizona Loan Modification - Couple Says Wells Fargo is the Scammer</a>," in May 2010; "<a href="http://mandelman.ml-implode.com/2012/05/arizona-judge-orders-wells-fargo-to-testify-on-loan-modification-practices-2/">Arizona Judge Orders Wells Fargo to Testify on Loan Modification Practices</a>," in August 2009; "<a href="http://mandelman.ml-implode.com/2012/04/federal-judge-magner-wells-fargos-behavior-highly-reprehensible/">Federal Judge Magner: Wells Fargo's Behavior 'Highly Reprehensible</a>'," in April, 2012; and "<a href="http://mandelman.ml-implode.com/2009/06/wells-fargo-closes-accounts-if-firms-offer-loan-mod-services/">Wells Fargo Closes Accounts if Firms Offer Loan Mod Services</a>," in July 2009. In this last piece he writes:<br />
<br />
<blockquote>Today, I was informed that Wells Fargo Bank is unilaterally closing the business checking accounts of companies simply because they are offering loan modification services. Yes, you read that right. Business checking accounts. Because you offer to help people obtain loan modifications from banks... like Wells Fargo.</blockquote><br />
<br />
<br />
Incidentally, one of ML-Implode's advertisers is <a href="http://restreportmatters.com/">RESTReportMatters.com</a>, a "no upfront fees" NPV analysis company that has had some impressive success helping homeowners secure loan modifications after being erroneously denied by Wells Fargo and other major servicers, according to Manager Michael Nazarinia.<br />
<br />
In the same week that ML-Implode's accounts were closed, Nazarinia's Wells Fargo business checking, personal checking, and personal savings accounts were also <a href="http://mandelman.ml-implode.com/2012/06/wells-fargo-hates-me-bank-freezes-closes-wrong-account/" target="_hplink">all closed</a>. Adding to the pile of "coincidence" Wells Fargo also closed the bank accounts of a former RESTReportMatters.com employee and, presumably out of good measure, the account held by the employee's mother.<br />
<br />
While Wells Fargo claims to be unable to publicly disclose why they close accounts, they were also unable to disclose their reasons to the individual account holders. Krowne, Nazarinia, and the others say they all received the same unsigned generic form letter dated May 11, 2012 from "Risk Operations and Fraud Prevention Services."<br />
<br />
The opening and closing paragraphs of the letter read:<br />
<br />
<blockquote>Please be advised that Wells Fargo has made a decision to exit the relationship with you and close the above referenced account (s). Your account (s) will be closed within thirty (30) days from the date of this letter.<br />
<br />
...<br />
Should you have any questions, you may contact your local Store Manager or your Relationship Manager, if applicable.</blockquote><br />
<br />
Surprisingly, the letters were sent with no explanation as to what risk or potential fraud caused this action. Adding to the confusion, neither Wells Fargo employees nor the "Store Managers" at the Wells Fargo branches, when asked by Krowne or Nazarinia, were able to provide a reason for the accounts being closed.<br />
<br />
In my earlier piece I wrote of Krowne:<br />
<br />
<blockquote>Aaron Krowne, ML-Implode.com's founder and publisher is one of the more respected and well known bloggers in the financial activist community. It's surprising that Wells Fargo would willingly poke that potential hornet's nest and risk the backlash from his supporters.</blockquote><br />
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In the last two weeks Wells Fargo, who has managed to fly under the radar of many homeowner and consumer advocates, has received more attention than a business could hope for.<br />
<br />
Steve Dibert of MFI-Miami and a former mortgage broker during the boom years posted, "<a href="http://www.mfi-miami.com/2012/06/whistles-were-the-only-thing-not-being-blown-by-wells-fargo-employees/">Whistles Were The Only Thing NOT Being Blown By Wells Fargo Employees</a>" in which he describes, in detail, the "perks" many brokers and real estate professionals allegedly received when doing business with Wells Fargo.<br />
<br />
<blockquote>I can tell you that on the wholesale lending side we were also enticed with "special perks" by lenders. Both Wells Fargo and Countrywide aggressively enticed us to write large volumes of sub-prime loans. Where Wells Fargo offered their retail loan officers trips to family friendly 5-Star Caribbean resorts, the perks we received on the wholesale lending side more resembled a Hunter S. Thompson novel filled with naked women, booze and drugs.</blockquote><br />
<br />
Abigail Fields of Reality Check, in her piece, "<a href="http://abigailcfield.com/?p=1364">Wells Fargo: Lying, Cheating, Paranoid, Vicious</a>," lays out point-by-point the ways in which Wells Fargo has allegedly cheated, lied, and acted unethically.<br />
<br />
<blockquote>As to paranoid, well, consider Wells's vindictive closure of checking accounts to punish a blogger for highlighting how Wells's actions contributed to a borrower's suicide. A banking behemoth fears a little ol' blogger so much it feels the need to retaliate by closing a bank account of a vaguely though not financially affiliated websites? Has CEO John Stumpf lost his mind?<br />
<br />
<br />
As to Wells's viciousness, well there is that suicide story. Or this one. Or this latest needless infliction of misery.</blockquote><br />
<br />
In it she links to another of Andelman's articles titled, "<a href="http://mandelman.ml-implode.com/2012/06/wells-fargo-hates-me-bank-freezes-closes-wrong-account/">Wells Fargo Hates Me! Bank Freezes, Closes Wrong Account</a>," which is not entirely dissimilar to "Bringing Up the Rear: John Stumpf, CEO, Wells Fargo Bank," a piece he wrote for the <a href="http://www.thenichereport.com/blog/bringing-up-the-rear-john-stumpf-ceo-wells-fargo-bank/">Niche Report</a>. It's no longer at the Niche Report, but <a href="http://shortsalemc.com/2012/06/bringing-up-the-rear-john-stumpf-ceo-wells-fargo-bank/">can be found in its entirety here</a>.<br />
<br />
From the article:<br />
<br />
<blockquote>What sort of a company engineers this sort of strategic core competency anyway? Remember Ford's infamous Pinto strategy... rather than fix the problem, just settle them as they exploded? Well, this Wells Fargo stuff makes that look as benevolent as Girl Scouts selling cookies after church.<br />
<br />
<br />
Wells Fargo actually engineered a strategy and built a system to rampantly abuse the individuals in our society least able to defend their interests. This is a bank that deserves to have a statue erected in its likeliness and even its own Lazarus-styled sonnet.</blockquote><br />
<br />
Stumpf, <a href="http://www.huffingtonpost.com/2012/06/20/jamie-dimon-pay-package_n_1612257.html" target="_hplink">according to Mark Gongloff</a> of the Huffington Post, is the second highest paid bank CEO after JPMorgan Chase's Jami Dimon with $23 Million and $19.8 Million in compensation respectively.<br />
<br />
In the last week alone, Wells has made the news for <a href="http://sfbayview.com/2012/wells-fargo-threatens-foreclosure-leader-archbishop-kings-home-auction-tomorrow-june-21/#.T-MDS5-PGhI.facebook">foreclosing on a priest</a> in San Francisco and a <a href="http://www.bizjournals.com/southflorida/blog/2012/06/wells-fargo-sends-chabad-of-boca-raton.html">Jewish temple and school in South Florida</a>.<br />
<br />
<blockquote>Archbishop King suspects the bank could be engaging in a form of "dual tracking" where one department makes a promise to work with the homeowner while another sends auctioneers to points of sale like San Francisco City Hall and, unknown to the owner, auctions off the home.</blockquote><br />
<br />
Daily Kos ran an article, "<a href="http://www.dailykos.com/story/2012/04/12/1082753/-STUNNING-Wells-Fargo-launders-Mexican-drug-cartel-money-then-invests-in-for-profit-prisons">STUNNING! Banksters launder foreign drug cartel money as Wells Fargo invests in for-profit prisons</a>," in April about Wells Fargo's involvement in private prisons. Quoting from the <a href="http://www.salon.com/2012/04/11/wells_fargos_prison_cash_cow/">original article published in Salon.com</a>, the post reads:<br />
<br />
<blockquote>As Wells Fargo has grown over the years, using its bailout funds to gobble up rival Wachovia and expand to the East Coast, so has the U.S. prison population. By 2008, one in 100 American adults were either in jail or in prison - and one in nine black men between the ages of 20 and 34, many simply for non-violent offenses, justice not so much blind as bigoted. Overall, more than 2.3 million people are currently behind bars, up 50 percent in the last 15 years, the land of the free now accounting for a full quarter of the world's prisoners.<br />
<br />
<br />
These developments are not unrelated.<br />
<br />
A driving force behind the push for ever-tougher sentences is the for-profit prison industry, in which Wells Fargo is a major investor. Flush with billions in bailout money and an economic system designed to siphon wealth from the working class to the idle rich, Wells Fargo has been busy expanding its stake in the GEO Group, the second largest private jailer in America. At the end of 2011, Wells Fargo was the company's second-largest investor, holding 4.3 million shares valued at more than $72 million. By March 2012, its stake had grown to more than 4.4 million shares worth $86.7 million<b>.</b></blockquote><br />
<br />
I suggest you read the entire piece in Salon before assuming that anyone's gone off the rails with conspiracy theories.<br />
<br />
Matt Taibbi of <a href="http://www.rollingstone.com/politics/news/the-scam-wall-street-learned-from-the-mafia-20120620?page=2">Rolling Stone recently published an article</a> that, while long is by no means a slog, details how the TBTF banks were engaged in bid rigging of municipal bonds in "virtually every state, district and territory in the United States," and how "Wall Street wiseguys" spent the past decade taking part in a breathtakingly broad scheme to skim billions of dollars from cities and small towns across America.<br />
<br />
<blockquote>How did they rig the auctions? Simple: By bribing the auctioneers, those middlemen brokers hired to ensure the town got the best possible interest rate the market could offer. Instead of holding honest auctions in which none of the parties knew the size of one another's bids, the broker would tell the pre&shy;arranged "winner" what the other two bids were, allowing the bank to lower its offer and come in with an interest rate just high enough to "beat" its supposed competitors. This simple but effective cheat - telling the winner what its rivals had bid - was called giving them a "last look." The winning bank would then reward the broker by providing it with kickbacks disguised as "fees" for swap deals that the brokers weren't even involved in.</blockquote><br />
<br />
According to the article<b>, </b><span>four banks took part in the scam: UBS, Bank of America, Chase and, you guessed it, Wells Fargo.</span><br />
<br />
Taibbi also appeared alongside Yves Smith of Naked Capitalism in an interview with Bill Moyers last week and towards the end of the interview says of the bankers, "They genuinely think they earn all their money .... These guys really think that they have a unique and special genius that entitles them to earn the vast sums of money that they pay themselves."<br />
<br />
Moyers near the very end of the interview, referring to Wall Street and the banker's attitudes and actions, offers a definition of a sociopath, as being "radically deprived of empathy." To which both Smith and Taibbi agree. <a href="http://www.nakedcapitalism.com/2012/06/matt-taibbi-and-your-humble-blogger-on-bill-moyers.html">You can watch the interview here</a>.]]></content>
</entry>
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