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 »  Home  »  Business & Economics  »  Home uncertainty for the holidays
Home uncertainty for the holidays
By Tri-State Defender Newsroom | Published  12/10/2009 | Business & Economics | Rating:
Home uncertainty for the holidays
by Charlene Crowell
NNPA News Service

Every 13 seconds another foreclosure occurs. African-Americans continue to suffer disproportionately.

As Wall Street financiers defend multi-million dollar bonuses after receiving   taxpayer-funded billion dollar bailouts, families on main street continue to struggle to keep their piece of the American dream.

A recent analysis by the Center for Responsible Lending (CRL), an independent nonprofit research and policy organization, studied first-lien, owner-occupied mortgage loans made to African-Americans. Of the 50 states, Florida had the largest number of African-Americans in foreclosure, with 58,474 foreclosures projected for 2009, followed by California with 32,297.

However when CRL analyzed foreclosures as a percentage of each state’s total foreclosures, a different pattern emerged. African Americans were likely to fare worst in the District of Columbia, Maryland, Georgia, Mississippi and Louisiana.  In 2009 alone, 301,500 African-American families are expected to lose their home to foreclosure. By 2012, foreclosures woes will affect an estimated 1,115,200 African-American families.

They are left to ponder one question: Were they simply victims of the free-falling financial system, or rather the targets of unlawful, abusive lending practices?

“Empirical research shows that the leading cause of the problem was the characteristics of the market and mortgage products sold, rather than the characteristics of the borrowers who received those products,” Keith Ernst, CRL Director of Research, said in sworn testimony to the Joint Economic Committee of the U.S. Congress.

He added, “Even more troubling, originators particularly targeted minority communities for abuse and equity-stripping subprime loans, according to complaints and affidavits from former loan officers alleging that this pattern was not random but was intentional and racially discriminatory.”

For example, according to the Baltimore Sun, between 2005 and 2008, foreclosures involving one lender, Wells Fargo, accounted for 71 percent of foreclosed and vacant properties in mostly Black neighborhoods. The same news report also claimed that Wells Fargo made subprime loans to 65 percent of its black customers; while only 15 percent of whites received subprime loans.

In response, civil rights organizations, as well as state and local government officials are pursuing legal action against lenders and mortgage servicers that engaged in predatory practices This spring, the NAACP and other advocacy groups filed separate class action lawsuits in U.S. District Court against several of the nation’s largest lenders including JP Morgan Chase, Citigroup, and Wells Fargo.

More recently, Illinois Attorney General Lisa Madigan filed a lawsuit alleging that Wells Fargo Bank and its subsidiaries discriminated against African-American and Latino homeowners by selling these consumers high-cost subprime mortgage loans while white borrowers with similar incomes and credit ratings received lower-cost loans.

In a statement announcing the lawsuit, Attorney General Madigan said in part, “As a result of its discriminatory and illegal mortgage lending practices, Wells Fargo transformed our cities’ predominantly African-American and Latino neighborhoods into ground zero for subprime lending.”

Madigan, along with several other attorneys general, also successfully negotiated an $8.4 billion, multi-state settlement in a predatory lending lawsuit against Countrywide, similar to a $10 million settlement this June in Massachusetts. Massachusetts Attorney General Martha Coakley successfully fought subprime lender Fremont Investment & Loan for its lending practices.

The City of Baltimore also has filed foreclosure-related legal action. And the Memphis City Council and the Shelby County Commission have endorsed plans to sue mortgage lenders for practices that target African-American and poor neighborhoods with practices that local officials label predatory and discriminatory.

Yet, while the nation’s justice system slowly and deliberately unfolds, many African Americans continue to suffer everyday from disproportionately high unemployment.

Some are angry federal intervention and, in some cases, local and state scrutiny did not arrive until long after the financial foreclosures virus had spread from black and Latino areas into white neighborhoods.

As the holiday season unfolds, many homeowners are wondering if they will have a home come January – and, if so, for how long.

(Charlene Crowell is the NNPA financial writer.)

 

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  • Comment #1 (Posted by Barbara Ann Jackson)
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    As it pertains to this nation’s foreclosure crisis, people without legal knowledge, as well as without means to pay a skilled lawyer are grossly disadvantaged. Also, there is too often the problem of judges favoring more affluent or politically connected litigants. Additional irony to this equation is that if person does not have knowledge of the law, he or she is not likely to even recognize when circumstances require judicial oversight (and statute of limitation might run).

    Prior to the foreclosure ‘produce the note' challenge, typically people who become delinquent on their mortgage loan, packed up and moved out for fear of their belongings being put out on the sidewalk. But a person with some knowledge about the law is both mindful of (unintentionally) default on the loan, as well as observant that the entity repossessing the property has a lawful right to do so, and that collection of that loan is not being done in an unfair or illegal manner. (If fraud, unfairness, or illegality reach a stage of injury, an additional matter other than foreclosure might result, as the Fair Debt Collection Practices Act, the U. S. Constitution, and Civil Rights are basic entitlement to every citizen.

    By the same token, the same theory about which lender rightfully owns the loan note, should apply for any type of loan debt being demanded by someone claiming to be the lender's hired agent. Unfortunately, the appalling and incredible reality is that some borrowers are primary targets for scams. Inadequate knowledge of the law and one's rights can render a person seriously victimized. To reiterate, the problem about not knowing enough about law is that when certain things happen to some people, they don't recognize those things are even weighty enough to obtain a lawyer's advice --not to mention affordability of a consult. Accordingly, one thing each of us can do is start becoming familiar with simple legal concepts, and build a knowledge base (something like getting familiar with carpentry, plumbing, or something in case of needing to know what to do).

    I cannot refrain from mentioning those who are more-than-annoyed about what is termed "dead beat" borrowers. However, we don't know the whole story behind how or why people might appear to be, or they might actually be deadbeat. We WOULD BE AMAZED at what took place in some people's lives to cause them to be where they are. Another thing is that, for those who are pleased with themselves for being savvy enough to get good mortgage plans, or not borrow too much money, or have foresight to know they would be laid off, or divorced- and are pleased with themselves at being able to timely make payments- again, I can't help but think if whole stories were known about how some people came to their financial predicaments, empathy rather than disdain would be the appropriate reaction. In fact, for some people, it was indeed an unfair, corrupt court system which, instead of meting justice, inflicted additional hardship and agony. Also, often people who make savvy choices do so as a result of being enlightened or educated at some point. But prior to obtaining knowledge and insight, MOST people make unsound or unwise decisions from time to time. Since not everyone has the same ability to acquire essential information, and not everyone acquires knowledge via the same means, in these troubled times, there is not much room for scorn. (Incidently, it is clear from news reports that some people's valued education and good fortune derives from political connections and cronyism. As such, their opportunities are better. Sadly, some of those people sit on courtroom benches and do injustice by making deals with lawyers, and committing other inequities.) A powerful truth: Proverbs 30: 7-9.

    Having said all the above, I suggest the newly published report from The Brennan Center for Justice entitled, “Foreclosures: A Crisis in Legal Representation,” and the October 5, 2009 article, “Lack of Legal Help: One More Way the Deck Is Stacked Against Homeowners,” by Arianna Huffington -the Huffington Post. (Both of these can be viewed online.) Also see “Illegal Foreclosures & Evictions, Appalling Lender / Lawyer Abuses, Impediments to Justice,” @ http://newsblaze.com/story/20091011141440lawg.nb/topstory.html

     
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