Fraudulent political evictions in the US of A
Tony Gosling
tony at cultureshop.org.uk
Wed May 16 00:58:09 BST 2012
http://occupyourhomes.org/
VICTORY: Monique White Wins Negotiation to Save Her Home!
OccupyOurHomes on May 03,
2012 - http://occupyourhomes.org/blog/2012/may/3/monique-white-victory/
After a 7 month campaign led by Occupy Homes MN,
Monique White has been offered a new loan by US
Bank. In October of 2011 Monique was perhaps the
first homeowner in the nation to approach the
Occupy movement and ask for help in defending her
home from an unlawful foreclosure . The 6 month
campaign to save her home set an historic
precedent in the Bank and foreclosure reform
movement. The new loan was offered some 15 months
after the end of the Redemption period and with a
payment in keeping with the homes current value.
Supporters have camped out in and around her
home, led over a dozen marches on US Bank,
collected over 6,500 petition signatures, packed
the courtroom, shut down Bank branches, and even
marched to the homeof US Bank CEO Richard Davis.
Occupy Homes MN has worked with White and her
family since October 2011, making national and
international news in the process.
Dan's Foreclosure Story - http://www.youtube.com/watch?v=5iZBRrP5J5Q
7 Foreclosure Horror Stories (And One Possible Win)
Around the country, families are being tossed out
of their homes with astonishing regularity, with
local law enforcement enlisted to do the bidding of big banks.
May 9,
2012 |
http://www.alternet.org/story/155344/7_foreclosure_horror_stories_(and_one_possible_win)
This week, Christine Frazer and her family were
thrown out of the Atlanta home they'd lived in
for 18 years, at gunpoint in the dead of night.
They were not set upon by robbers, but by the
Dekalb County Sheriff's department, which evicted
the family at the request of Investors One
Corporation. As Steven Rosenfeld reported for
AlterNet, it was the fourth company to buy the
family's mortgage in eight months.
Occupy Our Homes: Christine Frazer's Story>:
http://www.youtube.com/watch?v=_BvY6_hpxlE
The Frazers' eviction is horrifying, but sadly
their story is all too common. Senator Sherrod
Brown, who's introduced legislation aiming to
curtail the worst practices, called it a
longstanding ugly pattern of homeowner abuse.
"You can basically throw a dart off a building
and hit someone with a foreclosure horror story,
said Matt Browner Hamlin of Occupy Our Homes.
This is the whole point -- that the crisis is
being driven by fraud and criminality by the
banks. Three million people didn't wake up one
morning and decide to just stop paying their mortgages."
Around the country, families are being tossed out
of their homes with astonishing regularity, with
local law enforcement enlisted to do the bidding
of big banks that own and resell the mortgages,
utterly detached from the people whose lives are
turned upside-down in the process. It's easy to
just look at statistics and forget the human
stories behind the numbers, so here are six
stories of families who've had to fight all sorts
of shady tactics to try and stay in their
homesand one family that might just beat the
bank and get to keep their home, with the help of local activists.
1. Harried into Health Crisis in Hempstead, New York
Charles Pollydore worked on Wall Street, not as a
trader, but in IT. He was laid off when the
markets collapsed, but kept paying his $4,200
monthly mortgage to Bank of America. I used my
401k, I used everything I had, emergency funds,
everything to keep the mortgage going under the
pretext that I was going to get a job soon, he
told AlterNet. I had to get on welfare, get on
food stamps, to get my light and my gas to stay
on. I needed Medicaid because I need medical coverage badly.
But he didn't find a job, and his diabetes
worsenedhe's legally blind and is facing the
amputation of a second toe after losing one--and
he wound up on disability. My doctors said
'We're not going to allow yourself to jeopardize
the health you have right now to keep looking for
a job,' he said. His health has dramatically
deteriorated since his fight with the bank began.
Pollydore, a member of the group New York
Communities for Change, has been repeatedly
applying for a mortgage modification to no avail,
sending documentation, bank statements, hardship
letters, and more, but over and over the bank
claims it hasn't received the information. BofA
refused to offer him a principal reduction
despite being presented with proof of his
disability income. Their strategy is to break
the backs of homeowners so that you give up and you walk away, he said.
He's reached out to his congresswoman, Carolyn
McCarthy, and to the attorney general's office,
but was told he had to work with Bank of America.
What protection is there for people like myself? he asked.
I told one of the [bank] executives, 'You guys
are going to have to board the house up with me
inside and let me rot and die.'
2. Fabricated Documents in Rochester, New York
Leonard Spears is 5-feet, 6 inches tall, balding
and African American, but Wells Fargo, when
serving a summons to foreclose on the Rochester
home he'd been fixing up, apparently served a
6-foot man with blond hair. Spears, of course,
says he was never served, and Wells Fargo has a
history not only of predatory lending (it paid an
$85 million fine for pushing borrowers who were
qualified for better loans into more risky
subprime loans) but of foreclosure fraud as well.
It took me three years to convert it into the
way it looks now, I did a lot of wiring, tore
down all the walls, gave up my social life
completely because I was dedicated to do this,
because this is like the American Dream, to own
property, so it was very exciting, Spears said.
To make matters worse, it turns out that Wells
Fargo wasn't even the owner of the note, but
merely the servicer. And then, when the
foreclosure did go through, the home was sold to
the Federal Home Loan Mortgage Corporation
(commonly known as Freddie Mac) for all of $500.
Yet Spears wasn't able to modify his mortgage to
stay in his home. I was willing to pay way more
than $500, Spears said. What kind of justice is that?
Take Back the Land Rochester, Occupy Rochester
and others are fighting to get Spears back in his
homethere's a petition you can sign.
3. Threatening Phone Calls in Waterford, Michigan
After a car accident Kathryn Nava wound up on
disability and had trouble making her mortgage
payments. She had a friend who was willing to
help her make her back payments, but that friend
wanted to see a payment history before giving her
the money. Nava called her mortgage lender to
request that historyand was told it would cost
her $50 per hour, and take 90 days to receive it.
So she tried again, calling the president of the
company. She got a voicemail response that
shocked her so much she recorded it and saved it.
Let me enlighten you, Kathy. First of all,
there's nothing in your contract with us says we
owe you any history, now, next year, five years
from now or the next time...I've begun
foreclosure today. I bet you're sorry now that
you made that phone call. I don't need to put up
with your crap, OK?...Bottom line, I'm doing nothing for you now.
Indeed, she did end up losing her home.
4. Illegal Eviction in Los Angeles
Eduardo Acosta and his family had won their
casea judge ruled that Green Century Investment
Group/IndyMac had no right to foreclose on the
family, that they'd filed fraudulent paperwork.
A month later, the local sheriff posted an
eviction notice to the family anyway.
This came on the heels of an audit of California
foreclosures by the San Francisco County
Recorder, which found that 99 percent of the
foreclosures examined had irregularities, and
there were clear violations of state law in 84 percent of them.
Acosta had applied for a mortgage modification
after his payment shot up to $2,000 a month, his
wife fell ill, and his monthly income plummeted.
But while the bank reviewed his modification
request, it also began foreclosure proceedingsa
common enough process that it has a name, dual
tracking. There's a bill in the Senate that aims
to ban the practice and only allow lenders to
proceed with foreclosure after working with
borrowers. This process all-too-often allows for
accidental foreclosures, where one side of the
company forecloses on a home that another
department is ostensibly working to help the family keep.
Occupy LA posted a call for help for the Acosta
family after their eviction notice. Im sure
there are a lot of people going through this,
Acosta said. Lets step up and help each other out.
The Acostas are still in their home as of the
latest report, but keeping them there has required a constant fight.
5. Sent to the Psychiatric Ward in Lodi, Wisconsin
An Associated Bank representative helped send
Bill Schroeder to a psychiatric ward for 72 hours
after a telephone argument over Schroeder's missed mortgage payments.
Schroeder told the Wisconsin State Journal that
during their conversation the bank rep called him
worthless and said the bank didn't care what
happened to him as long as it got its money.
"I made an offhand response," Schroeder said. "I
said, Maybe I'll just go get my gun and shoot
myself and you can have my life insurance.'"
They hung up and Schroeder made a trip to the
grocery store. When he got back, a police car was
in his driveway to take him to the hospital.
The bank rep was apparently slightly more
concerned about Schroeder's health than he let on
and had called the police. Yet it didn't seem to
occur to the bank that perhaps the way to show
real concern for homeowners' mental health would
be to not make threats in the first place.
The Schroeder family wound up selling their home
in a short sale, which left them still owing the
bank $31,256 to make up the difference between
their mortgage and the sale price of the home,
which was down $66,000 after the bursting of the
housing bubble. They estimated to the State
Journal that they'll be making payments on a
house they don't have anymore for the next seven years.
6. Disappearing Documents in Ohio
Gina Brooks and her husband applied for their
first mortgage modification with Wells Fargo's
ASC Mortgage servicer when they were only a
couple of months behind on their payments. They
were denied the first time and chose to go
through a Chapter 13 bankruptcywhich would allow
them to keep their home and keep paying their
mortgage. I had lived in this house for 14
years, she said. I didn't want to lose my home.
In July 2010, after the bankruptcy, she submitted
another modification request and was again
denied. The money she and her husband were paying
on their mortgage alone was leaving them little
to live on, and they finally decided to switch to
a Chapter 7 bankruptcy, which would leave them
without their home. In a last-ditch effort, she
wrote to her mortgage company, and then called in when she didn't hear back.
I was told at that time they had no record
whatsoever of anything I had ever sent in since I
started in 2009, Brooks said. No record of her
repeated denials, her requests, her bankruptcies.
Nothing. No one was familiar with her case.
Brooks had already started packing her home when
a friend suggested she contact her senator.
Through an intervention by Sherrod Brown (D-OH)'s
office, she was offered a full refinance on her
home by Wells Fargobut after two years of
fighting with the lender, her refinance added
$31,000 to her mortgage. Brooks said she's
grateful to have her home, but frustrated to be
paying interest on interest. Why did it take me
two years, two bankruptcies and all of this
headache when they could've done it in one month?
7. Possible Victory in Minneapolis
Monique White's home was the site of one of the
first Occupy-related foreclosure defenses last
November, when she refused to be bought off by
Freddie Mac's cash for keys offer. That
would've given her a small reimbursement for
voluntarily giving up her home after it had been
repossessed by U.S. Bank and sold to Freddie Macwithout her knowledge.
Neighborhoods Organizing for Change had already
been working with White, but they reached out to
Occupy and the group responded, sending occupiers
to camp out on White's property to prevent eviction.
Now, thanks to tireless action by a team of
lawyers, activists, and White herselfwho
traveled to U.S. Bank's shareholder meeting to
personally ask the bank's CEO, Richard Davis, for
helpshe's got a tentative deal to modify her
mortgage to allow her to stay in her home.
The Huffington Post reported:
It took US Bank a matter of days to come up with
a principal reduction that allowed White to pay
$686.36 a month to stay in her home. White, who
works two part-time jobs and is in training for a
full-time union position, said it was a little
steep, but she could make it work.
Occupy Homes Minnesota activist Nick Espinosa
told the Huffington Post, "It does show that when
we shine a light on these cases and bring them to
the public eye, that the bank is more than
capable of negotiating -- even though they've
said all along that that is not their
responsibility. It's a huge victory, and it
represents exactly the kind of deal that every
homeowner in America should be getting from the banks."
Sarah Jaffe is an associate editor at AlterNet, a
rabblerouser and frequent Twitterer. You can follow her at @sarahljaffe.
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