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It's Time for Bankers to Go to Jail!

Joe Stringer of ACCE, the Alliance of Californians for Community Empowerment talks about why he is going to Washington, DC to risk arrest at the Department of Justice.

Stringer,in Los Angeles talks about how the foreclosure crisis has decimated his neighborhood in Watts.

It's time for bankers to go to jail!

This may be President Obama's last chance to get justice for the millions of homeowners, taxpayers, and retirees whose homes, savings, pensions and livelihoods were stolen by Wall Street bankers.

Tell President Obama:

1. Prosecute Wall Street bankers for stealing our homes, savings and livelihoods.

2. Keep people in their homes by resetting their mortgages.

3. Make Wall Street pay us back.

Sign the petition here.



Fuster Cluck! Foreclosure Settlement Checks Bounce

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The bank foreclosure settlement that was intended to speed relief to homeowners is having some problems. Probably not a surprise to those already screwed over by the Big Banks.

On Tuesday, some of the first people to receive payouts under the $9.2 billion deal between federal regulators and the mortgage industry called into a government hotline to report that their bank would not cash their check, the Federal Reserve announced in a press release. Though the unspecified problem was eventually resolved, the Federal Reserve noted, the episode is likely to further erode confidence in a program that has failed to deliver on almost every promise made by federal regulators.

From the press release:

The paying agent for checks being sent to borrowers under the Independent Foreclosure Review has assured the Federal Reserve Board that early problems with some checks have been corrected and that funds are available to cash all checks.

Some early recipients of checks informed the Federal Reserve's consumer helpline on Tuesday that they were told their checks could not be cashed. Members of the Board staff contacted the paying agent, Rust Consulting, Inc., and the paying bank, The Huntington National Bank. Rust subsequently corrected problems that led to some checks being rejected.

The Board will continue to monitor the payments closely and encourages borrowers who have concerns or experience difficulties cashing their checks to call Rust at 1-888-952-9105.

As previously announced, on April 12, payments began to 4.2 million borrowers following an agreement reached by federal bank regulatory agencies and 13 mortgage servicers. More than 50,000 people have already cashed or deposited checks.

Earlier this month, the Government Accountability Office (GAO) issued a scathing report on the review process, finding that regulators did not provide proper oversight and that some errors likely went undetected.Regulators also recently released new information suggesting that banks may have made errors in as many as 30 percent of all loans that qualified for a review, a figure far higher than previously reported.

And of course, the regulators did not escape the wrath of Senator Elizabeth Warren.

Warren embarrassed the poor regulators during a Senate Banking Committee hearing last Thursday morning as she demanded to know why they won’t reveal how frequently big banks illegally foreclosed on homeowners, only to be told that information about bank's illegal activities is "proprietary" and may not ever be disclosed.



Occupy Our Homes: Hold Wall Street Accountable

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Hold Wall Street Accountable! Occupy Our Homes Week of Action, May 18-25

Via OccupyOurHomes.org and OccupyWallSt.org:

Over the last few years, homeowners and residents around the country have taken a stand against the banks and fought foreclosures and evictions. The growing network of Occupy Our Homes supporters have signed petitions, made phone calls, and showed up to events to help families stay in their homes. Dozens of homeowners around the country have won their fights, but the crisis is far from over.

Communities have been destroyed as millions of families have already lost their homes to foreclosure, while millions more are underwater on their mortgages. The big banks are bigger and more powerful than ever. To date, no high level Wall Street executives have been prosecuted for their crimes, such as mortgage fraud and predatory lending. US attorney general, Eric Holder even admitted recently that in the administration's eyes, the banks are not only ‘too big to fail,’ they're now ‘too big to jail.’

As a new housing bubble fueled by Wall Street speculation is forming, it's clear that the financial industry didn't learn their lesson from the last mess. It's more important than ever for us to take action to demand meaningful relief for homeowners and prosecutions for the criminals at the top. Only through the power of thousands of organized homeowners taking action in the streets can we make the Attorney General and the President listen. Occupy Our Homes, the Home Defenders League, and others are joining fed-up homeowners who are ready to demand action-- join us the week of May 20th.

Over the next two months, Home Defenders from across the country will have an opportunity to tell their stories and fight back. Some will travel to Washington, DC the week of May 20th to make their voice heard directly at the Department of Justice. Join the fight! Sign up now to fight in your city. Scholarships will be available to attend the Department of Justice Action in Washington DC.

Click here to sign up



Big Banks To Review Their Own Foreclosures

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The Big Banks accused of abusing homeowners will now help to decide who gets foreclosure aid dollars. What could possibly go wrong?

Via:

Washington is seeking help from an unlikely group in its effort to distribute billions of dollars to struggling homeowners in foreclosure: the same banks accused of abusing homeowners with shoddy foreclosure practices.

In doing so, the regulators are trying to speed the process after a flawed, independent foreclosure review delayed relief for millions of borrowers, according to people briefed on the matter. But housing advocates worry that the banks, eager to end the costly process, could take shortcuts as they comb through loan files for potential errors, in some cases diverting aid from the neediest homeowners.

Regulators say they will check the work. And banks have already agreed to pay a fixed amount to troubled homeowners, creating another backstop.

According to officials involved in the process, who spoke anonymously because the matter is not public, the regulators had few alternatives.

These are the same regulators who just a month ago didn't trust the banks.

Here's how this is supposed to work, the Big Banks will now have to assess each loan for potential errors -- errors they never admitted to in the slap-on-the-wrist settlements with the Justice Department -- which will then help the Big Banks determine how much money each homeowner will receive.

Wow. How about just sending bankers door-to-door and have them slap the 4 million homeowners who lost their homes to foreclosure in the face?



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By Paul Kiel, ProPublica

As the sixth year of the foreclosure crisis comes to an end, the percentage of loans in foreclosure remains a staggering eight times higher than it was in 2005. About 5.3 million homeowners — about 11 percent of all borrowers — are behind on their payments.

But 2012 was also the year that home prices hit a bottom and have started to very slowly climb. The number of new homeowners falling behind on their payments has dropped substantially since the peak. The government also took a dramatic step: a $25 billion settlement with the five biggest mortgage servicers.

Earlier this year, ProPublica focused on one homeowner — Sheila Ramos, who lost her home in Florida and ended up living in a tent in Hawaii — to pull together all the threads of the crisis and give readers a single story that explains the causes of the crisis, the bumbling response by the big banks and Washington, and the human toll exacted by the whole debacle. It is also available as a Kindle Single, which includes extra material.

We've also been keeping a close watch on whether the government is keeping its promises about compensating victims of the crisis.

The largest program is a review overseen by federal regulators covering more than 4 million loans. It launched back in 2011, but as of mid-December, no homeowner had received any compensation. Office of the Comptroller of the Currency spokesman Bryan Hubbard said regulators had been "working toward beginning compensation for a limited number of people [this month] with reviews and remediation continuing through 2013."

The program — called the Independent Foreclosure Review — has been beset with questions about its fairness, transparency and integrity since it launched. At least partly due to those problems, many borrowers aren't even bothering to apply for compensation. As of November, only 315,000 borrowers have sent in forms requesting to be reviewed, according to the OCC's Hubbard, about seven percent of people eligible to apply. The final deadline to apply is at the end of this month.

Federal regulators designed the program to work like this: Each of the banks would hire an "independent consultant" (approved by the regulator) to conduct reviews of the bank's foreclosure cases. The bank was supposed to foot the bill, but the consultant, not the bank, was supposed to decide which of the bank's customers deserved compensation and how much.

But ProPublica has revealed evidence that the banks themselves are heavily involved in the reviews, calling their independence and integrity into question. After our story about Bank of America's involvement in its review, the bank and its consultant changed their review process. Bank of America also engineered a de facto appeals process; if the consultant decided a BofA customer deserved compensation, the bank could provide more information that it wasn't at fault. Borrowers have no such ability to appeal.

To lead its role in the review, JPMorgan Chase installed an executive named by the Justice Department for allegedly facilitating a scheme to defraud Fannie Mae and Freddie Mac. She declined to comment for our story.

In a telling irony, it seems likely the review will end up steering far more money toward the consulting companies hired by the banks than will go to harmed homeowners.

Finally, some banks have been shockingly slow to begin their reviews. Regulators have ordered Goldman Sachs and Morgan Stanley to conduct reviews of their former mortgage servicing subsidiaries, for instance, but they still haven't begun. The process covers loans that were in foreclosure in 2009 or 2010, but the review won't get going until at least 2013. That seems likely to further deter harmed borrowers from applying for compensation.

A Federal Reserve spokesperson said a company, Navigant Consulting, had been selected to conduct the review for both servicers, but the contracts had not been finalized. It's unclear when the review would begin.

The government's other big reaction to the foreclosure crisis, the National Mortgage Settlement, has also had its disappointments. The deal involved 49 states, the federal government, and the five largest mortgage servicers. The headline number was $25 billion, but only $5 billion of that is actually cash that the big banks would pay out. The other $20 billion is composed of "credits," awarded when the banks take steps to avoid foreclosures, for instance by offering loan modifications that cut the amount homeowners owe.

Of the cash, half — $2.5 billion — was to go to states to address the foreclosure crisis. But as we've reported, almost $1 billion of that is actually being used to patch state's ailing budgets. (See our state-by-state breakdown here.)

$1.5 billion will be sent to borrowers who lost their homes to foreclosure, with each borrower receiving only about $1,000-$2,000. That process has finally gotten underway, and the deadline for borrowers to make a claim to receive that payment is early next year. (See more info about this in our FAQ.)

As for the $20 billion in credits, the banks appear to be in the process of fulfilling those obligations, but there are plenty of questions about how much good it's doing. Some credits are for actions banks were taking already (like demolishing abandoned homes). And although government officials touted the agreement as a way to boost the number of modifications that reduced borrowers' debts, much of the banks' activity hasn't focused on keeping borrowers in their homes. Rather, the number of short sales — an agreement by the bank to sell the home for less than the amount owed — has been far higher.

As the foreclosure crisis and the government's sputtering response enter their seventh year, ProPublica will be keeping watch.



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By Paul Kiel, ProPublica, Dec. 17, 2012

The Independent Foreclosure Review is the government's main effort to compensate homeowners for harm they suffered at the hands of banks — and, as its name indicates, it's supposed to be independent.

But until recently, that was hardly the case with Bank of America. Supposedly independent, third-party reviewers would sit at a computer, analyzing each homeowner's case by going through hundreds of questions, such as whether the bank had properly reviewed a homeowner for a modification or had charged bogus fees. But the reviewers weren't starting from a blank slate. Bank of America employees had already supplied the answers, which the reviewers would have to override if they did not agree.

No evidence has emerged that Bank of America pressured reviewers to accept its answers, and the bank did not supply answers for the final questions: whether the bank should pay compensation and, if so, how much. But those ultimate determinations depended on responses to the preceding questions, and for reviewers the path of least effort was to accept the bank's answers.

This practice only ended a month after ProPublica published a story showing that Bank of America was doing much of the work itself. When that story was published, ProPublica hadn't yet learned that the answers the bank supplied showed up on the reviewers' computer screens as defaults, and Bank of America strenuously denied that it had compromised the integrity of the review. Since November, the reviewers now begin their analysis without the bank's answers.

Bank of America spokesman Dan Frahm confirmed the change: "Steps were taken" so that the independent reviewer, Promontory Financial Group, "could not view answers supplied by the Bank of America Claim Researcher."

Frahm maintained, however, that the change didn't mean the reviews completed under the prior system were tainted. Promontory's employees have always had the ability to "override any answer supplied by the Bank of America Claim Researcher," he said.

Advocates for homeowners aren't convinced. "It's hard to imagine" that Promontory's reviewers weren't influenced by having the bank's answers right in front of them, said Alys Cohen of the National Consumer Law Center. "As a result it seems obvious that the earlier reviews should be re-reviewed."

Potential Conflict of Interest

The Independent Foreclosure Review is the government's largest program to compensate victims of the banks' foreclosure abuses. 4.4 million homeowners are eligible, but homeowners must submit a claim to ensure they're covered by the review. As of the end of November, only 315,000 homeowners had done so, according to regulators, a low response rate of about seven percent.

Victims could receive up to $125,000 in cash compensation or, if possible, get their home back. The review is overseen by the nation's bank regulators, who were spurred to action in 2011 by the robo-signing scandal.

The review has been dogged by criticism since the outset, partly because of how it works. Banks hire and pay consultants to be the independent, third-party reviewers. Bank regulators must approve them, which the regulators say ensures the independence of the review. But critics argue that the consulting firms have other contracts with the banks and so have a conflict of interest: If the consultants anger the banks, they may lose future business.

For its "independent consultant," Bank of America hired Promontory. Promontory is also conducting the review for Wells Fargo, which has the second largest number of loans eligible for review (about 933,000) after Bank of America (1.3 million) of all the banks.

"A Technical Change"

As ProPublica reported in October, all four of the country's largest banks planned to participate heavily in evaluating whether homeowners were harmed, according to their contracts with the consultants. Of course, homeowners claiming their bank abused them were never told the same bank would be integrally involved in the review.

In October, ProPublica uncovered internal Bank of America memos and emails indicating that, while Promontory made the ultimate decision as to a homeowner's compensation, the bank was doing much of the review work itself.

When ProPublica first presented this evidence to Promontory, Bank of America, and the bank's primary regulator, the Office of the Comptroller of the Currency, all three initially denied that Promontory was using analysis performed by the bank's own employees.

Now, even as Promontory and Bank of America confirmed they had changed their system to make the bank's analysis invisible to Promontory's reviewers, both companies insisted that the independence of the reviews had never been compromised.

"Promontory resources have always reviewed the files, performed all tests, and reached independent conclusions, without input or influence from Bank of America," said Promontory spokeswoman Debra Cope. "A technical change was made in November with respect to the visibility of information uploaded by Bank of America file preparers.... Although these responses were previously visible to Promontory reviewers, they never had any bearing on Promontory's independent testing processes."

OCC spokesman Bryan Hubbard said the OCC has a policy of not commenting on specific institutions, but added, "as we have stressed before, the OCC expects the independent consultants to exercise their independence in reviewing and evaluating each file. Our examiners are ensuring that occurs."

The NCLC's Cohen said the core problem with the Independent Foreclosure Review is that it is largely being handled in secret.

"At the end of the day, if the regulators and servicers want to put this behind them, they need the public to believe this is legitimate. Without transparency, you can't have real accountability."



The Occupy Movement: Detroit Chapter

Detroit Occupiers left Grand Circus Park nearly a year ago in the week preceding the city's Thanksgiving Day parade.

A new "mini-documentary" released on YouTube recently provides a glimpse of what it was like during those chilly days when the Detroit Occupy movement took root in October until the group left the park encampment in November 2011. "Occupy Detroit" depicts life in the encampment, from the medical tent to food preparation and the rallies it held in the streets of Detroit.

Although Occupy Detroit protestors are no longer visible on a daily basis in the public square, the movement continues to make its presence known. Members have taken an active role in supporting homeowners during bank foreclosures, occupied a school for the deaf and support other numerous causes, such as a women's rights march scheduled in Lansing later this week.

After leaving the park, a supporter donated Occupy Detroit use of a rent free building for one year. It now serves as the Occupy Detroit Activist Center at 5900 Michigan and many Occupy Detroit members have begun renting apartments above the center.



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[Photo Credit: Joshua Roberts/Bloomberg]

By Paul Kiel, ProPublica

An executive who the Justice Department says facilitated a scheme to defraud Fannie Mae and Freddie Mac is now spearheading JPMorgan Chase's role in the government's program to compensate victims of the big banks' abusive foreclosure practices.

The executive, Rebecca Mairone, worked at Countrywide and Bank of America from 2006 until earlier this year, when she left for JPMorgan Chase, according to her LinkedIn profile.

In a lawsuit filed last month in federal court in New York, Justice Department attorneys allege that Countrywide, which was bought by Bank of America in 2008, perpetrated a two-year scam to foist shoddy home loans on Fannie and Freddie. Neither Mairone nor any other individuals are named as defendants in the civil suit, and no criminal charges have been filed against her or anyone else in connection with the alleged misconduct. But Mairone is one of two bank officials cited in the suit as having repeatedly ignored warnings about the "Hustle," as the alleged scheme was called inside the company, and she prohibited employees from circulating some of those warnings outside their division.

Mairone was chief operating officer of the Countrywide lending division that allegedly carried out the "Hustle." She took the helm of JPMorgan Chase's involvement in the Independent Foreclosure Review this summer, according to a former Chase employee.

The review, overseen by federal banking regulators, requires the nation's biggest banks to compensate victims for harm they inflicted on borrowers. Victims can receive up to $125,000 in cash or, in some cases, get their homes back. But the review has already been marred by evidence that the banks themselves play a major role in identifying the victims of their own abuses, raising the question of whether the review is compromised by a central conflict of interest.

Mairone's role raises additional questions about the Independent Foreclosure Review.

The review "never seemed designed to place first the interests of those who were supposed to be helped u2014 victimized homeowners," said Neil Barofsky, the former federal prosecutor who served as the special inspector general for the Troubled Asset Relief Program, better known as the bank bailout.

"Finding out that the person running it for JPMorgan Chase is a person whose conduct in the run-up to financial crisis was allegedly so egregious that she somehow managed to be one of the only people actually named in a case brought by the Department of Justice goes beyond irony," he continued. "It speaks volumes to the banks' true intent and lack of concern for homeowners when addressing the harm that they caused during the foreclosure crisis."

In response to ProPublica's questions about Mairone's role in the foreclosure review and the suit's allegations, Chase issued a brief statement confirming that Mairone is a managing director who is "working on the Independent Foreclosure Review process." The statement added, "It would not be appropriate for us to discuss another firm's litigation."

Chase declined to make Mairone available for comment, and she did not return a message left at her home number.

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Why Florida is Sitting on $300 Million Meant to Help Homeowners

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By Cora Currier -- ProPublica

Florida has the highest percentage of home loans in foreclosure in the country. So why is more than $300 million that could help homeowners sitting unused?

Florida was awarded those millions in February as part of the $25 billion national settlement between five of country's biggest banks and forty-nine states and the District of Columbia. The settlement resolved allegations of wrongful foreclosures and other mortgage servicing abuses, and required banks to offer some homeowners the opportunity to modify their loans or refinance, or, in some cases pay homeowners directly for wrongful foreclosure.

The banks also had to pay $2.5 billion directly to state governments. Florida's sum was the largest, after California, in part a measure of how deeply the mortgage crisis affected the sunshine state.

Yet Florida is one of just a few states where the Attorney General has not announced plans for a significant portion of the money. We've contacted every state to find out what they were doing with that money. Of the $2.5 billion going to states, just over a billion dollars has been pledged for housing-related programs, while a roughly equal amount has been diverted to plug budget holes or fund programs unrelated to the foreclosure crisis. $378 million is still to be determined, and almost all of that is Florida's.

Florida's funds are caught between the Attorney General, Republican Pam Bondi, and the Republican state legislature. Bondi has pledged to make the money available to homeowners; earlier this year, she called for suggestions from the public. Some state lawmakers, however, insist that it needs to go through the regular appropriations process u2014 where it could potentially be siphoned off into other programs. And that wouldn't happen until March, when the legislative session begins.

Continue reading »



Via Occupy Wall St., via Occupy Our Homes. Be sure to check out their website for more information on how you can support on-going occupations to save homes from foreclosure, including active campaigns like this one to save the home of cancer patient Jacqueline Barber in Atlanta, the Hernandez family currently being harassed by LAPD in Los Angeles, and many more!

Four years after an economic meltdown precipitated by Wall Street greed, fraud, and recklessness in the housing market, Americans continue to face an epidemic of unjust foreclosures. While homeowners and renters seek help to keep their homes, banks have rushed to foreclose and evict, and in too many communities, homes remain vacant while neighbors sleep on the street.

But homeowners, housing justice activists, homeless advocates, and occupiers have come together to fight back under the banner of the Occupy Our Homes movement. Community organizations and occupy groups came together last December to challenge the housing crisis and confront the crooks at the banks who are stealing our homes. On December 6, 2011, scores of groups around the country participated in a day of action for housing justice, launching the Occupy Our Homes movement.

Homeowners, renters, and the homeless joined forces to fight the banks and reclaim our communities. All over the country, activists declared housing a human right. We came together, occupying our homes to prevent eviction, disrupting foreclosure auctions, restoring vacant homes to community use, and protesting the banks that caused this mess in the first place.

And we showed time and again that when people fought for their homes, they could win.

But the fight is far from over. Despite dozens of victories for homeowners around the country, banks are still choosing to foreclose instead of taking payments. Banks are still refusing to negotiate with families who seek only a fair solution that keeps them in their home. Banks are still using fraudulent tactics like robo-signing to speed through illegal foreclosures—months after a weak settlement meant to stop this practice. Bank-owned houses continue to sit empty and untended, destroying property values and pushing more and more families underwater.

A year since the start of the Occupy Our Homes movement, we are recommitting to reclaiming our homes and our futures. On Thursday December 6th 2012, we call on communities to turn the spotlight on the crisis that continues to hold our neighborhoods and our economy hostage.

We will take action together:

- Eviction defenses/home occupations
- Reclaiming vacant homes for the homeless
- Establishing foreclosure and eviction-free zones
- Foreclosure auction sit-ins
- Marches on the banks

Occupy Our Homes started with a simple idea: bring the bold, creative energy of the Occupy movement into hard-hit communities and build power through victories for the 99%. We've won homes, churches, community landmarks, and stopped evictions while relieving debt and reclaiming land along the way.

On Thursday December 6th, 2012, we’ll re-invest in this movement to defend our homes, hold Wall Street accountable, and affirm the human right to housing. Join us in solidarity with homeowners, tenants and the homeless to build a just housing system—for the 99%.

If you as an individual or any Occupy group or community-based organization are interested in participating in the D6 actions, please complete this form and someone from Occupy Our Homes will be in touch.

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