Friday, December 24, 2010

fannie and freddie foreclosure FAIL!!!

WaPo | As the housing market came crashing down in 2008, the giant mortgage company Fannie Mae took an unprecedented step to help tackle the rising tide of foreclosures. It named an exclusive group of law firms that would help rapidly carry out the unsavory task of filing legal paperwork to remove homeowners from their homes.

Today, problems with documents handled by firms on Fannie's list - and a similar one created by its smaller rival Freddie Mac - are at the heart of federal and state probes over faulty foreclosure practices that now threaten to further undermine the housing market.

Fannie and Freddie, the largest mortgage companies, shaped the practices being challenged in courtrooms around the country. They picked law firms that could foreclose fast and paid them based on how many foreclosures they could process. Speed was essential because delays cost the companies money - and, after they were taken over by the government two years ago, meant losses for taxpayers, too.

Not only did the companies urge swift foreclosures, but in at least one case Fannie executives also greenlighted working with a firm that they knew firsthand had engaged in legally questionable practices, according to documents and interviews with lawyers and industry officials.

That firm was the Law Offices of David J. Stern in Florida, which built a hundred-million-dollar-plus business foreclosing on the tens of thousands of borrowers who lost their homes in the housing crash.

In 2000, the Fannie executive responsible for overseeing outside law firms in Florida was questioned about Stern's firm in connection with a class-action lawsuit alleging it had charged borrowers bogus fees based on fraudulent paperwork.

In a deposition, Susan Reid, an associate general counsel who oversaw Stern's firm for Fannie until two months ago, was asked by a lawyer representing borrowers why her company hired law firms such as Stern's to handle foreclosures.

"We felt that timelines and the time it took to foreclose on a piece of property . . . could be improved," she responded. She explained that with "every month" that passed, "we're losing money."

Did Fannie, she was then asked, have any safeguards to ensure that law firms, rushing to foreclosure, followed the law? "I don't know of any policies and procedures," she answered.

To the contrary: Fannie and Freddie over the years have prodded law firms and mortgage servicers that collect payments to move even faster.

When law firms or servicers have taken too long to foreclose, Fannie and Freddie have threatened to charge them a penalty fee, according to industry sources and documents. And every few months, the two mortgage companies have sent servicers report cards ranking them on how rapidly they completed foreclosures compared with their peers.


Sharga Says Decline in Home Foreclosures Won't Continue
Uploaded by Bloomberg. - Up-to-the minute news videos.

WaPo | Since the meltdown in the housing market began more than three years ago, Maryland and the District have changed their foreclosure laws to give borrowers greater protection. Virginia has moved in the opposite direction.

Last year, the state legislature overwhelmingly passed a law making it easier for lenders to defend themselves when accused of giving homeowners too little warning of impending foreclosures.

The process moves so quickly in Virginia - one of the fastest states in the nation - that homeowners can receive less than two weeks' notice that their house is about to be sold on the courthouse steps.

That confronts homeowners with an almost impossible deadline. To get a court to stop the sale in that narrow window, they must gather evidence, file a lawsuit and potentially post a bond with the court that could total thousands of dollars. Instead of trying to find a lawyer and prepare a suit, many borrowers run out the clock trying to deal with their lender.

At a time when lenders have been cutting corners and using phony documents to seize huge numbers of houses, the hurdles can be insurmountable, according to lawyers, consumer advocates and borrowers who have tried to save their homes.

"There's no question that people are losing their homes when they should not be," said James W. "Jay" Speer, executive director of the Virginia Poverty Law Center, which is part of a legal-aid network.

In many states, homeowners facing foreclosure automatically get a day in court, a chance to tell a judge why they should keep their homes. The judicial process provides at least a modest check on error and abuse.

But in Virginia and 28 other states, as well as the District, according to the RealtyTrac foreclosure information service, borrowers have no such luck. They face "nonjudicial" foreclosure processes, meaning lenders can foreclose without going through the courts.

garden state foreclosure freeze?

NYTimes | Six lenders that together have filed nearly 30,000 foreclosure actions in New Jersey this year face the possible suspension of such operations next month. The possible suspension came under a court order announced on Monday by the chief justice of the state Supreme Court, Stuart J. Rabner.

The action follows a report submitted to the Supreme Court that, citing depositions and court filings in other states, paints a picture of systemic abuses in the filing of foreclosures that include so-called robo-signing, in which employees signed hundreds of documents without checking them for accuracy.

The lenders were ordered to appear on Jan. 19 to demonstrate why the state should not suspend their foreclosure actions. They are Ally Financial, formerly GMAC; BAC Home Loan Servicing, a subsidiary of Bank of America; Chase Home Finance, part of JPMorgan Chase; OneWest; Wells Fargo Financial New Jersey; and CitiResidential Living, a subsidiary of Citibank.

“It’s important that the judiciary ensures judges are not rubber-stamping documents that may not be reliable,” Judge Rabner said on a conference call.

Wells Fargo plans to fight the move, a spokesman said. Representatives for the other banks either declined to comment or could not be reached.

no foreclosure representation in cali

NYTimes | In California, where foreclosures are more abundant than in any other state, homeowners trying to win a loan modification have always had a tough time.

Now they face yet another obstacle: hiring a lawyer.

Sharon Bell, a retiree who lives in Laguna Niguel, southeast of Los Angeles, needs a modification to keep her home. She says she is scared of her bank and its plentiful resources, so much so that she cannot even open its certified letters inquiring where her mortgage payments may be. Yet the half-dozen lawyers she has called have refused to represent her.

“They said they couldn’t help,” said Ms. Bell, 63. “But I’ve got to find help, because I’m dying every day.”

Lawyers throughout California say they have no choice but to reject clients like Ms. Bell because of a new state law that sharply restricts how they can be paid. Under the measure, passed overwhelmingly by the State Legislature and backed by the state bar association, lawyers who work on loan modifications cannot receive any money until the work is complete. The bar association says that under the law, clients cannot put retainers in trust accounts.

The law, which has few parallels in other states, was devised to eliminate swindles in which modification firms made promises about what their lawyers could do, charged hefty fees and then disappeared. But foreclosure specialists say there has been an unintended consequence: the honest lawyers can no longer afford to assist Ms. Bell and all the others who feel helpless before lenders that they see as elusive, unyielding and skilled at losing paperwork.

The revelations three months ago that large banks were sloppy and negligent in preparing foreclosure documents underscore just how important it is for distressed homeowners to have representation, lawyers and consumer advocates say. Homeowners whose cases were handled improperly have little way of knowing it. Even if they found out, they would be hard-pressed to challenge a lender without a lawyer.

“Consumers just don’t know what is going on,” said Walter Hackett, a former banker who is now a lawyer for a nonprofit service in Riverside. “They get a piece of paper saying they are going to lose their homes and they freak out.”

prichard is the future

NYTimes | This struggling small city on the outskirts of Mobile was warned for years that if it did nothing, its pension fund would run out of money by 2009. Right on schedule, its fund ran dry.

Then Prichard did something that pension experts say they have never seen before: it stopped sending monthly pension checks to its 150 retired workers, breaking a state law requiring it to pay its promised retirement benefits in full.

Since then, Nettie Banks, 68, a retired Prichard police and fire dispatcher, has filed for bankruptcy. Alfred Arnold, a 66-year-old retired fire captain, has gone back to work as a shopping mall security guard to try to keep his house. Eddie Ragland, 59, a retired police captain, accepted help from colleagues, bake sales and collection jars after he was shot by a robber, leaving him badly wounded and unable to get to his new job as a police officer at the regional airport.

Far worse was the retired fire marshal who died in June. Like many of the others, he was too young to collect Social Security. “When they found him, he had no electricity and no running water in his house,” said David Anders, 58, a retired district fire chief. “He was a proud enough man that he wouldn’t accept help.”

The situation in Prichard is extremely unusual — the city has sought bankruptcy protection twice — but it proves that the unthinkable can, in fact, sometimes happen. And it stands as a warning to cities like Philadelphia and states like Illinois, whose pension funds are under great strain: if nothing changes, the money eventually does run out, and when that happens, misery and turmoil follow.

It is not just the pensioners who suffer when a pension fund runs dry. If a city tried to follow the law and pay its pensioners with money from its annual operating budget, it would probably have to adopt large tax increases, or make huge service cuts, to come up with the money.

Current city workers could find themselves paying into a pension plan that will not be there for their own retirements. In Prichard, some older workers have delayed retiring, since they cannot afford to give up their paychecks if no pension checks will follow. Fist tap Nana.

Thursday, December 23, 2010

a society far and above anything else on earth....,


Video - Celebration of conservative American values People as Property.

WaPo | "Dixie," that emotionally freighted and much-debated anthem of the old Confederacy, starts soft when it's done right, barely above a whisper. But each sotto voce syllable of the opening verse, each feather-light scrape of the fiddle strings, could be heard without straining when the ladies in the hoop skirts and the men in the frock coats rose in reverence to celebrate the 150th anniversary of South Carolina's secession.
"We are very proud of who we are," said Chip Limehouse, a South Carolina legislator who rented a historically accurate suit and vest for the formal ball celebrating the anniversary. "This is in our DNA."

Great-great-great-granddad fought the Yankees, lost his plantation, was bathed in glory, the men and women at the ball like to say. They're proud of their ancestors, they declare, and that's why they paid $100 apiece to take part in an event touted as a "joyous night of music, dancing, food and drink."

John B. Hines, a wealthy Texas oilman and cattle rancher, helped, too. He sent a $5,000 sponsorship for the affair because he loves the Old South: "They created a society far and above anything else on Earth." As for the NAACP demonstrators outside, Hines said, their arguments are "nonsense. The NAACP's just hard up for a reason to bitch at people."
Outside Charleston's bulky concrete municipal auditorium, on an unseasonably chilly Southern night, some of the men and women in a crowd of about 100 were thinking about their own ancestors: slaves who picked the cotton for the forebears and allies of the men and women inside. "Disgusting," the Rev. Joseph A. Darby, vice president of the local NAACP chapter, said of the event inside.

On the street, they lifted protest signs; inside, they lifted drinks with names like "Rebel Yell." The stubborn inside-outside faceoff that throttled this jewel of a Southern city on Monday night hints at dramas to come, an unending series of Civil War anniversaries stretching from secession and the firing on Fort Sumter to the laying down of arms at Appomattox. For the next 41/2 years - the span of the bloodiest conflict in U.S. history - Americans black and white will have ample opportunities to wrestle with delicate, almost-impossible-to-resolve questions of legacy and history, of what to commemorate and what to condemn.

South Carolina was the first state to secede from the Union, but the commemoration will be followed by similar events in other states - parades and balls and speeches and plaques. The anniversaries will press current politicians to tiptoe through minefields of nuance. Charleston Mayor Joe Riley called the Secession Ball "unfortunate" and "the opposite of unifying," but several big-name lawmakers not only attended, but donned costumes to do so.

the essence of conservatism

paecon | In a previous issue of the Review, both Thomas Wells and Bruce Elmslie argue that I got it wrong when I pointed out in “Free Enterprise and the Economics of Slavery” that in The Wealth of Nations, Smith treated slaves as property. I argued that since they were property—one could buy and sell them—one could ignore their human misery. I used Smith, as well as John Locke, to illustrate this peculiar Anglo-American tradition of basing freedom (free enterprise) on property and property rights. (On the European continent, freedom was generally based on the human will (Rousseau) or the moral will (Kant). So, did Smith treat slaves as property in The Wealth of Nations or did he not?

In Civilizing the Economy, where I provide more details about Smith’s treatment of slaves in The Wealth of Nations, I quote his comparison of the treatment of cattle and slaves:[1]

In all European colonies the culture of the sugarcane is carried on by negro slaves . . . . But the success of the cultivation which is carried on by means of cattle, depend very much upon the good management of those cattle; so the profit and success of that which is carried on by slaves, must depend equally upon the good management of those slaves, and in the good management of their slaves the French planters, I think it is generally allowed, are superior to the English.[2]

Comparing the management of cattle and of African slaves, of course, expresses the full meaning of “chattel slavery,” since chattel has the same root as cattle. Furthermore, just as cattle were treated as property, so were slaves.

Elmslie makes much of Smith’s argument that free labor, in most cases, is superior to slave labor. Smith does write this, but I think he is thinking about this much like one would think about getting the most from what one has purchased. As Patricia Werhane has pointed out, for Smith, labor is property. The difference between whether it is free or slave labor depends on who controls it. She writes:

Because that property [one’s productivity] is one’s own, to which one has a perfect right, and because productivity is exchangeable, one should be free to exchange this commodity, and others should be free to employ it. Thus one can sell one’s labor productivity (but not one’s strength and dexterity) without thereby selling oneself into serfdom. If one is not paid for one’s productivity, one’s property rights will be violated. Worse, because one’s productivity is an outcome of one’s own labor, if it is not recognized as an exchangeable commodity, one thereby will be treated as a slave.[3]

Slaves, in other words, were not free to exchange their labor, but were exchanged as labor. So when Smith argues that free labor is usually more productive than slave labor, he is merely calculating how to get the best return from one’s investment.

It is true that I do not give much credit to Smith’s statements against slavery in his other writings, although I do recognize them. The issue, however, is not Smith’s view of slavery as a moral philosopher, but his view as an economist. When he thinks economically, if we may call it this, he treats slaves as property. This is significant because we live in his legacy of this uncivil economics. In this tradition, we can be quite civil, in our religious, legal, and political life, but uncivil in our economic life. As we see the commercial gaining control over the civic today, we need not only to expose this tradition of treating people and the planet as property, but also to switch to a economics based on civic relations, rather than on one based on property and property relations.

conservative echo chambers

CSMonitor | Add the coffee shop to an ever-growing list of places ghettoized by conservatives. Conservatives can attend ideologically friendly colleges like Hillsdale or Bob Jones University to avoid the influence of liberal professors. They can tune into conservative radio stations and marinate in hours of right-wing chatter. They can even consult Conservapedia, the right-wing encyclopedia site embracing "a conservative approach to education." (A taste: the first header under the entry Barack Hussein Obama reads "Obama is likely the first Muslim President.")

The proliferation of conservative-only institutions isn't new. In the 1960s and 1970s, leaders of the newly formed conservative movement perceived a need for alternatives to institutions they believed were riddled with liberal bias. To some extent, they were right. By the 1960s, the majority of Americans were liberal, supporting unions, civil rights, and government programs for the middle-class and poor. Media, universities, and government agencies tended to reflect this.

But conservatives have transformed a solid argument about liberal bias into something else entirely. They argued that institutional liberalism was not a reflection of the zeitgeist but rather a result of a liberal elite forcing everyone in its reach to march in ideological lockstep. Based on this argument, the right built an ever-growing network of conservative media, foundations, universities, and organizations – what liberal commentator Sidney Blumenthal called the counter-establishment.

The counter-establishment's foundation on the idea of an entrenched liberal elite colors the mission of today's conservative enterprises, which tend to assume anything not labeled conservative is liberal by default. Conservapedia, which proclaims itself "The Trustworthy Encyclopedia" warns that the founders "do not allow liberal bias to deceive and distort here," implying all other encyclopedias do.

Likewise, A Conservative Cafe's owner insists that coffee houses are "havens for liberal ideas and decaying social values." Yet modern coffee houses are hardly liberals-only. Starbucks, for instance, flourishes in GOP strongholds, be they in northern Virginia or the reddest reaches of Idaho. Orange County, Calif., is littered with latte peddlers.

Liberals, too, have carved out spaces for themselves – places such as the website DailyKos or The Nation magazine – but they have not created a set of replacement institutions.

Some may say that there is no real harm done by conservative self-segregation; that those who choose it are not likely to change their political stances anyway.

But shared experiences are a key component of democratic culture. Without the cross-pollination of ideas that occurs when people with opposing views come in contact, ideologies harden, extremism flourishes, and prejudices grow.

Sustaining a common political culture is tough enough when Americans share less public space and participate in fewer organizations. To limit commerce and conversation and even cups of coffee to political comrades leads us further and further from a united America. Fist tap Arnach.

Wednesday, December 22, 2010

aerobiology


Video - Phil Collins In the Air Tonight

The Scientist | The air is teeming with microbes, and scientists are finally starting to understand how they influence everything from meteorology to epidemiology. Every cubic meter of air holds up to 100 million microorganisms, but the diversity and behavior of these microbes remains masked to microbiologists — until recently, that is.

Thanks to next-generation sequencing techniques, scientists are finally uncovering the details of the biodiversity and biogeography of this largely unknown ecosystem. They are discovering airborne microbes do much more than just ride the wind transmitting disease — microbes also help create the intricately beautiful designs in snowflakes and facilitate the formation of clouds, for example. Studying them, researchers say, could give insight into how to better monitor global climate change, as well as predict and track weather cycles and disease and allergen outbreaks.

"There's going to be an explosion of studies using these new techniques," said Jessica Green, microbial ecologist at the University of Oregon.

Recent research published in PNAS suggests that the diversity of microbial life in the air is on par with the soil, at least in urban areas, yet the air remains vastly understudied in comparison.

"Just seven or ten years ago we didn't realize bacteria existed in clouds," said Anne-Marie Delort, professor of microbiology and organic chemistry at Université Blaise Pascal in France. Now researchers know microbes act as a surface for the condensation of water vapor in the atmosphere, thus forming clouds. Recent research publish in Science shows microbes also play the same role during snowflake formation and other types of precipitation. The next step, Delort said, is to uncover their metabolic activity in clouds and influence on atmospheric processes. If they are metabolically active, she added, microbes could not only be acting as cloud condensers, but affecting the carbon and nitrogen cycles as well.

p.s. This cat I been following for a decade on yahoo groups has known all about aerobiology and atmospheric electrodynamics and has been sharing this knowledge with a tiny group of interested correspondents for over a decade.

When Big Heads Collide....,

thinkingman  |   Have you ever heard of the Olmecs? They’re the earliest known civilization in Mesoamerica. Not much is known about them, ...