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TBF
02-20-2009, 11:12 AM
Standing up for the Myrna Millingtons (http://socialistworker.org/2009/02/20/standing-up-for-myrna)

February 20, 2009

WHAT DO you do when your 73-year-old grandmother is being threatened with being put out on the streets?

Not many of us have been faced with such a dilemma in our lifetime, but the prospects of having to confront it have increased exponentially over the past 12 months. Unless you've been living under a rock, or you're a Wall Street titan, you realize that the foreclosure rate in the United States is single-handedly changing the landscape of our country.

Now the real question is: In what direction do we want our beloved country to change? Regardless of your attitude towards change, it is, by and large, agreed that this change will be of gargantuan proportions.

How ironic that the very symbol of the soundness of our capitalist society--land and home ownership--would be the very force leading us to question the viability of the system.

In order to answer the question of which direction we want America to change, we must clearly define the word we.

Are we John Boehner, the Republican House leader who recently questioned President Barack Obama's $275 billion proposal to deal with the foreclosure crisis. "Does your plan compensate banks for the bad mortgages they should never had made in the first place?" Boehner asked. "Will individuals who misrepresented their income or assets on their original mortgage application be eligible to get taxpayer funded assistance?"

Are we Lloyd Blankfein, CEO of Goldman Sachs, who, despite not taking a bonus last year, said, "Compensation is an integral part of the practicality of financial institutions in order to retain talent."

Or maybe we are Myrna Millington, a homeowner in Laurelton, Queens, who banded together with an assortment of local unions, nonprofit groups and members of her community to save her home of nearly 40 years.

"I think it's not fair the banks get all of our funds, and then to let this happen to us little people," Myrna said. "There must be an end to this, and it's got to start somewhere!" That sentiment is resonating throughout our country.

On a brisk Thursday morning, Myrna and over 100 protesters gathered on her front lawn to demand that homeowners get a fair shot at keeping their homes and their livelihoods. Although Myrna's home had been foreclosed on since September 2008, she successfully deferred its auction by seeking loan counseling with ACORN Housing, the non-profit organization that planned the demonstration.

Myrna took a second mortgage on her home to pay for renovations and repairs. Unbeknownst to her, the loan turned out to be sub-prime. Like millions of other homeowners in America, what began as a simple restoration loan turned into Myrna Millington's worst nightmare. The absurd interest rates on Myrna's second mortgage started a downward spiral in her payment schedule, the culmination of which I witnessed in a quiet neighborhood in Queens.

Under the Obama administration's housing plan, Myrna Millington's predicament is far from solved. The plan outlined by Obama on February 18 excludes second mortgages. The administration is disinclined to even try to find the middle ground on a loan modification with a second lender.

There are several more hurdles that Myrna would have to jump over to stay in her home. Our government seems to be taking a very cautious approach to helping the taxpayers who bailed out--and will continue to bail out--the financial system.

That's why we, the Myrna Millingtons of this country, have to be pro-active and take matters into our own hands. "I think we have to stand together to stop this insanity," she told me. "We all live in this community, and we have to fight for each other. We're gonna fight to the end!"

choppedliver
02-20-2009, 05:08 PM
Not a big fan of the queen of left gate keepers AG, but I approve this message...

(hope this isn't an info dupe)


http://www.commondreams.org/vie
w/2009/02/04-8 (http://www.commondreams.org/view/2009/02/04-8)



Published on Wednesday, February 4, 2009 by The San Francisco Chronicle
Facing Foreclosure? Don't Leave. Squat

by Amy Goodman

Marcy Kaptur of Ohio is the longest-serving Democratic congresswoman in U.S. history. Her district, stretching along the shore of Lake Erie from west of Cleveland to Toledo, faces an epidemic of home foreclosures and 11.5 percent unemployment. That heartland region, the Rust Belt, had its heart torn out by the North American Free Trade Agreement, with shuttered factories and struggling family farms. Kaptur led the fight in Congress against NAFTA. Now, she is recommending a radical foreclosure solution from the floor of the U.S. Congress: "So I say to the American people, you be squatters in your own homes. Don't you leave."

She criticizes the bailout's failure to protect homeowners facing foreclosure. Her advice to "squat" cleverly exploits a legal technicality within the subprime-mortgage crisis. These mortgages were made, then bundled into securities and sold and resold repeatedly, by the very Wall Street banks that are now benefiting from TARP (the Troubled Asset Relief Program). The banks foreclosing on families very often can't locate the actual loan note that binds the homeowner to the bad loan. "Produce the note," Kaptur recommends those facing foreclosure demands of the banks.

"[P]ossession is nine-tenths of the law," Rep. Kaptur told me. "Therefore, stay in your property. Get proper legal representation ... [if] Wall Street cannot produce the deed nor the mortgage audit trail ... you should stay in your home. It is your castle. It's more than a piece of property. ... Most people don't even think about getting representation, because they get a piece of paper from the bank, and they go, 'Oh, it's the bank,' and they become fearful, rather than saying: 'This is contract law. The mortgage is a contract. I am one party. There is another party. What are my legal rights under the law as a property owner?' "If you look at the bad paper, if you look at where there's trouble, 95 to 98 percent of the paper really has moved to five institutions: JPMorgan Chase, Bank of America, Wachovia, Citigroup and HSBC. They have this country held by the neck."

Kaptur recommends calling the local Legal Aid Society, Bar Association or 888-995-4673 for legal assistance.

The onerous duty of physically evicting people and dragging their possessions to the curb typically falls on the local sheriff. Kaptur conditions her squatting advice, saying, "If it's a sheriff's eviction, if it's reached that point, that is almost impossible." Unless the sheriff refuses to carry out the eviction, as Sheriff Warren C. Evans of Wayne County, Mich., has decided to do. Wayne County, including Detroit, has had more than 46,000 foreclosures in the past two years.

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<snip>


According to a report by RealtyTrac, "Foreclosure filings were reported on 2.3 million U.S. properties in 2008, an increase of 81 percent from 2007 and up 225 percent from 2006." As the financial crisis deepens, people facing foreclosure should take Kaptur's advice and tell their bankers, "Produce the note."
© 2009 The San Francisco Chronicle

Copyright Amy Goodman. Amy Goodman is the host of "Democracy Now! [1]," a daily international TV/radio news hour airing on 700 stations in North America. She was awarded the 2008 Right Livelihood Award, dubbed the “Alternative Nobel” prize, and received the award in the Swedish Parliament in December.

Article printed from www.CommonDreams.org
URL to article: http://www.commondreams.org/view/2009/02/04-8