EXCLUSIVE: Fannie and Freddie's Foreclosure Barons
LATE ONE NIGHT IN February 2009, Ariane Ice sat poring over records on the website of Florida's Palm Beach County. She'd been at it for weeks, forsaking sleep to sift through thousands of legal documents. She and her husband, Tom, an attorney, ran a boutique foreclosure defense firm called Ice Legal. (Slogan: "Your home is your castle. Defend it.") Now they were up against one of Florida's biggest foreclosure law firms: Founded by multimillionaire attorney David J. Stern, it controlled one-fifth of the state's booming market in foreclosure-related services. Ice had a strong hunch that Stern's operation was up to something, and that night she found her smoking gun.....(read more)
Foreclosure Sale Hurts Young Family
The young man sits at my conference table, a Sheriff’s Sale notice laid out before him.
His house, where he has lived with his kids, dog, wife and an accumulated 11 years worth of normal junk and memories the typical borrower has piled up in the garage and everywhere else, is to be sold at a Foreclosure Sale in less than three weeks. He is very nervous.
The first thing he asks me is “….whether you could call the bank and try to work it out for him. Maybe they’d pay attention to a lawyer.”
He explains that he had tried and tried, even kept a detailed record of all the calls, but never got anywhere. He had submitted papers repeatedly to get a loan modification but that did not work.
I asked him first what Bank held the mortgage. His hand is shaking as he hands me a piece of paper.....
Read Rest Here
Let's Get Dickensian
Just about every week, I see something online or in the newspaper about people either going to jail because of debt, or people being threatened with jail over debt.
Invariably, these articles are followed by a comment section, and from the caverns of the Internet miraculously emerge posters dedicated to labeling all debtors as immoral and wicked people, irresponsible, even the most deadly insult, "Liberal". Mixed in with these posts are people who profess to be telling true tales of credit card and debt struggles.
"Liberal" is used as a synonym for "Progressive Marxist", at least lately, and it is patently unfair. The most Marxist construct I can think of is the Progressive Income Tax the IRS imposes, and try not paying that. You definitely can go to jail for that one, it's not even a debate.
The true Conservative view would probably have to regard this as a moot point. If Conservatives truly believe in The Constitution (most don't being Conservative in Name Only), they'd have to view credit card debt as not a true debt in the first place, since money had neither been lent or borrowed, only UnConstitutional paper money, not backed by gold or silver (read The Constitution, that's what it says).
Usually, the justification for credit card debt jailings is that people don't show up for their court dates, therebye displaying contempt. This is bogus, because if the lawyer for the creditors doesn't show up for court, the judge just sets a new court date, with no jail time for the creditor. To me, that doesn't seem fair. Doesn't the collection lawyer show contempt too?
The whole issue reminds me of Ebenezer Scrooge, in "The Christmas Carol". When asked for a charitable donation for the poor on Christmas Eve, Scrooge looks puzzled and asks "Are there no workhouses? Have the prisons been shut down?" (something like that, sorry no exact quote today, just memory).
Scrooge was right. People should pay their debts. Society falls apart when people start reneging on the social contract, but more than anything, this illustrates the importance of moral leadership.
"When you have made evil the means of survival, do not expect men to remain good. Do not expect them to stay moral and lose their lives for the purpose of becoming the fodder of the immoral. Do not expect them to produce, when production is punished and looting rewarded. Do not ask, 'Who is destroying the world? You are."
You do get that exact quote, linked to the source.That's a quote from Ayn Rand's "Atlas Shrugged". While morals don't change, our relationship to our society does. If we are surrounded by predators, we must not be sheep.
Fair Debt Collections Practice Violations And Settlement
The following is a sampling of violations of the FDCPA, or Fair Debt Collections Practice Act that have occurred against KPWS Law Clients. The Settlement Amounts list actual monetary awards KPWS Law procured for their clients as fines for these violations. This list is ongoing, and will be updated periodically. The point of it is to show the advantage of retaining the legal counsel of KPWS Law P.C. KPWS Law has settled credit card debt for as little as ten cents on the dollar, or 10% of the original amount of the debt, while protecting the rights of their clients through the FDCPA.
1. ALLEGED VIOLATION:
Collection Agency violates Cease and Desist Order by making collection phone calls to the KPWS client’s mother after being informed that KPWS had been retained to represent the client.
Amount Of Settlement:
$2000 fine + discharge of $12,000 debt + all mention of debt removed from credit reports so it would not hurt the KPWS client’s credit score.
2. Alleged Violation
Phone Call Abuse
Failure to provide 1692g Disclosure
Collection Agency used name other than the Legal Name of their agency.
Amount Of Settlement
$4,000 in Fines
3. Alleged Violation
Collection agency contacted the client after being informed the client was represented by KPWS.
Amount Of Settlement
$3,500 in fines.
4. Alleged Violation
Deceptive and false letter from collection agency saying the client had agreed to settle when the KPWS Client had not.
Amount Of Settlement
$2,500 fine without filing a suit.
5. Alleged Violation
Another inappropriate phone call.
Amount Of Settlement
Offered $1,000-considering it.
6. Alleged Violation
Collection Agency fails to provide a 1692g disclosure and subsequent disclosures. Threatens KPWS Client with a lawsuit.
Amount Of Settlement
Settled: $ 3,650 in fines.
7. Alleged Violation
Phone Abuse-Agent said “You just cost your f—— family $46,000!
Amount Of Settlement
$2,750 in fines.
Wells Fargo Reports $2.5 Billion in Net Income or Old Lady Losing Her Sanity and Home to Wells Fargo
Between these two headlines from April 20, 2010 I could not decide which was more important, so I figured I would use them both.
The first headline is good news for Wells Fargo shareholders who, according to their press release, stand to make forty five cents per share of common stock on 21 billion in revenue. The numbers posted reflect a giant bank which is thriving. In fact, Wells Fargo is doing so well it bought another big troubled bank last year, Wachovia, a purchase helped out by a little bit of TARP money. Things are good at old Wells Fargo.
Unfortunately, this happy prosperity is not shared with many of Wells Fargo's customers.
The second headline, which will never make the news, is one I made up. It is about a little old lady who was in my office this week. She owns a home worth about $70,000. Five years ago, she took out a loan from Wells Fargo for over $140,000. Five years ago, appraisers for banks like Wells Fargo would say anything to make sure a loan was approved and loan brokers would do anything to get the loan to closing. She was dumb to take such a large loan, and Wells Fargo was dumber to make it.
Her household income, consisting of a small pension, social security and disability for her sick husband, is about $3,100 monthly. Her mortgage payment is $1,600.00.
She is having a hard time paying such a relatively large mortgage and called Wells Fargo to see if the loan could be modified. "Sure..." the nice lady from Wells Fargo said..."All you have to do is pay off all of your credit cards."
This poor old lady has credit card bills totaling $20,000. She and her husband used them for many years, more so after he got sick and could no longer work. They can't pay them anymore. Collectors are calling her all day every day. Wells Fargo's request that the cards be paid in full is nonsensical and hardly worthy of comment, aside from the fact that these large national lenders tell their worried customers things like this every single day.
How does a lawyer advise someone in her position?
Her true situation is this. She's old enough that if she stopped paying everybody, it would take a long time for her to lose her home. The local courts are presently flooded with foreclosures, each takes a long time to process. The credit card companies will call and write her, and maybe sue in a few years, but she is underwater in every direction, and she has no assets to satisfy any judgment. The biggest price she is paying is personal. She was very distraught, having never missed timely payment of bills her whole life. I could see that the stress of her situation will simply kill her.
That's not what I told her though.
I told her to take some time and calm down, to ignore the collection calls, to stay as current on the mortgage as she is able, and to refer any lawsuits she might get to me. Now, I could see as I spoke to her that she was dumb to take such a large loan, and Wells Fargo was dumber to make it, but who is paying a higher price, the bank making billions or the little old lady crying in my office?