John L. Lewis, Plaintiff/appellant, v. United States of America, Defendant/appellee - 680 F.2d 1239 - Justia US Court of Appeals Cases and Opinions: "On July 27, 1979, appellant John Lewis was injured by a vehicle owned and operated by the Los Angeles branch of the Federal Reserve Bank of San Francisco. Lewis brought this action in district court alleging jurisdiction under the Federal Tort Claims Act (the Act), 28 U.S.C. § 1346(b). The United States moved to dismiss for lack of subject matter jurisdiction. The district court dismissed, holding that the Federal Reserve Bank is not a federal agency within the meaning of the Act and that the court therefore lacked subject matter jurisdiction. We affirm. dismissed, holding that the Federal Reserve Bank is not a federal agency within the meaning of the Act and that the court therefore lacked subject matter jurisdiction. We affirm."
Further... Examining the organization and function of the Federal Reserve Banks, and applying the relevant factors, we conclude that the Reserve Banks are not federal instrumentalities for purposes of the FTCA, but are independent, privately owned and locally controlled corporations
Monday, December 13, 2010
Friday, December 10, 2010
Video--Insider Blows The Whistle on Wall St Financial Industry Fraud
Janet Tavakoli, Wall St insider, spills the beans on her greedy colleagues. http://www.youtube.com/watch?v=WA20Am0pwtA
_________________________________________________________________________________
Bill's Comments
_________________________________________________________________________________
We are well in the grasp of the Oligarchs who own the FED and control our money and therefore Every facet of our country.
_________________________________________________________________________________
Bill's Comments
_________________________________________________________________________________
We are well in the grasp of the Oligarchs who own the FED and control our money and therefore Every facet of our country.
Tuesday, October 12, 2010
Housing prices to take another huge dive
As I wrote back in 2006, the impending collapse of the housing market was imminent. I predicted that it would brink down the entire economy, considering housings importance to the whole financial system.
Well the housing market did collapse, but the financial system did not collapse, yet.
Back then in 2006, I had no idea of the drastic, immoral and probably illegal methods the Fed would continence by the banks to avert such an event.
The Fed has printed Trillions of dollars to prop up the financial system. Wall st is inflated with government money used to purchase stocks. Bank's balance sheets are top heavy with funny money. The Fed and their cronies in the Obama administration have allowed the banks to hide the true, imploded value of their assets, especially the toxic mortgage backed securities.
I had said in my 2006 article that Joe and Mary Sixpack's ability to pay their mortgage payments were the key to the house of cards the fraudsters in Wall st and the banks had built and it still is.
However, with the drastic decline in the value of their homes, Joe and Mary have little to no incentive to pay their mortgages if the value of their homes is less than the mortgage amounts.
This is a problem I believe has been disquised and lied about. Ten years ago, the average homeowner had 50% equity in their home. At the height of the insanity, average equity had fallen to 30%.
As a result of the housing crash so far, home prices have fallen by 30% and more in certain hard hit areas. Tell me that only 25% of homeowners in Nevada, Arizona, Florida and California are underwater. Perhaps 25% at most are Above water!
The Banksters have been successful in blocking investigations into the rampant fraud that underlined so much of the housing markets, on originations and now of the foreclosure side.
But now it is all coming to light with the investigations into who owns the mortgages and therefore has the legal right to foreclose the mortgage.
Here are a look at some of the possible scenarios:
Investors in securities may demand Put Backs, refunds of the investors money paid for the security based on their fraudulent representations on the underlying securities;
Homeowners suing to get their money back who have made years of mortgage payments to an entity that had no right to those payments
Successful home owner defenses against foreclosure of their homes because of the bank's inability to prove their ownership of mortgage
Title companies refusing to guarantee title to new lenders and borrowers
A collapse of the Trillion dollar securitization game.
Short to medium term, look for housing prices to nosedive as the market grinds to a halt and deflation in the broader financial markets takes over, despite another Trillion or so of QE2, ("Qualitative easing" by the Fed in 2011.)
However, look for gold and silver to sky rocket in the face of the resulting financial chaos. In fact, I expect that you will be able to buy a home with a 1,000 OZ bar of silver, during this period, just like you could in 1982!
Long term, look for ginormous inflation when the Fed figures out how to beat deflation. Then the complete collapse of the financial economy!
Well the housing market did collapse, but the financial system did not collapse, yet.
Back then in 2006, I had no idea of the drastic, immoral and probably illegal methods the Fed would continence by the banks to avert such an event.
The Fed has printed Trillions of dollars to prop up the financial system. Wall st is inflated with government money used to purchase stocks. Bank's balance sheets are top heavy with funny money. The Fed and their cronies in the Obama administration have allowed the banks to hide the true, imploded value of their assets, especially the toxic mortgage backed securities.
I had said in my 2006 article that Joe and Mary Sixpack's ability to pay their mortgage payments were the key to the house of cards the fraudsters in Wall st and the banks had built and it still is.
However, with the drastic decline in the value of their homes, Joe and Mary have little to no incentive to pay their mortgages if the value of their homes is less than the mortgage amounts.
This is a problem I believe has been disquised and lied about. Ten years ago, the average homeowner had 50% equity in their home. At the height of the insanity, average equity had fallen to 30%.
As a result of the housing crash so far, home prices have fallen by 30% and more in certain hard hit areas. Tell me that only 25% of homeowners in Nevada, Arizona, Florida and California are underwater. Perhaps 25% at most are Above water!
The Banksters have been successful in blocking investigations into the rampant fraud that underlined so much of the housing markets, on originations and now of the foreclosure side.
But now it is all coming to light with the investigations into who owns the mortgages and therefore has the legal right to foreclose the mortgage.
Here are a look at some of the possible scenarios:
Investors in securities may demand Put Backs, refunds of the investors money paid for the security based on their fraudulent representations on the underlying securities;
Homeowners suing to get their money back who have made years of mortgage payments to an entity that had no right to those payments
Successful home owner defenses against foreclosure of their homes because of the bank's inability to prove their ownership of mortgage
Title companies refusing to guarantee title to new lenders and borrowers
A collapse of the Trillion dollar securitization game.
Short to medium term, look for housing prices to nosedive as the market grinds to a halt and deflation in the broader financial markets takes over, despite another Trillion or so of QE2, ("Qualitative easing" by the Fed in 2011.)
However, look for gold and silver to sky rocket in the face of the resulting financial chaos. In fact, I expect that you will be able to buy a home with a 1,000 OZ bar of silver, during this period, just like you could in 1982!
Long term, look for ginormous inflation when the Fed figures out how to beat deflation. Then the complete collapse of the financial economy!
Friday, April 2, 2010
It Pays to Fight Your Creditors!
Take the following two cases of debtors being sued by creditors:
Second Case: Ruth M. Owens, a disabled Cleveland woman, was sued by Discover Bank in 2004 for an unpaid credit card. Ms. Owens offered a defense, sending a handwritten note to the court.
“After paying my monthly utilities, there is no money left except a little food money and sometimes it isn’t enough,” she wrote.
Robert Triozzi, a judge at the time, heard the case. He found that over a period of several years, Ms. Owens had paid nearly $3,500 on an original balance of $1,900.
But Discover was suing her for $5,564, mostly for late fees, compound interest, penalties and other charges. He called Discover’s actions “unconscionable” and threw the case out.
Going to court is no guarantee of victory, of course. Consumers who do go are sometimes intercepted by collection lawyers, who press them to sign papers settling without a trial.
These settlements may be against the interests of debtors, but they sign anyway.
“We’re signing off on a lot of settlement agreements where we shake our heads and ask, ‘Why is this person settling to this?’ ” Judge Lipman said.
Second Case:
For the working poor, losing a lawsuit can mean disaster.
The case of Sidney Jones shows how punishing the system can be. In January 2001, Mr. Jones, 45, a maintenance worker from California Crossroads, Va., took out a $4,097 personal loan from Beneficial Virginia, a subprime lender now owned by HSBC, the big bank.
He fell behind, and Beneficial sued. Mr. Jones did not appear in court.
“I just thought they were going to take what I owed,” he said.
By default, Beneficial won a judgment of $4,750, plus $900 in lawyers’ fees, with the debt accruing interest at 27.55 percent until paid in full. The bank started garnishing his wages in March 2003.
Over the next six years, the bank deducted more than $10,000 from Mr. Jones’s paychecks, but he made little headway on his debt.
According to a court order secured by Beneficial’s lawyers last spring, he still owed the company $3,965, a sum nearly equal to the original loan amount. Mr. Jones, who did not graduate from high school, was baffled.
“Where did all this money go that I paid them?” he said. Dale Pittman, a consumer law lawyer in Petersburg, Va., took Mr. Jones’s case without charge, and found that all but $134 of his payments had gone toward interest, fees and court costs.
“It’s a perfectly legal result under Virginia law,” Mr.Pittman said.
***********************************************************************************
So, which way will you go? Lay down like a dog and get run over or stand up and defend yourself?
If you need help, contact me, Bill Young. I am a former bank loan officer and have many clients who have been able to Beat the Banks!
Call for a free consultation on your situation.
Bill Young, Personal Financial Consultant
646-961-3818
MORE FROM NYTIMES.COM
Current DateTime: 09:22:23 02 Apr 2010
LinksList Documentid: 22528754
BusinessDealBook BlogSmall Business News
A 1968 federal law exempts 75 percent of a worker’s wages, or 30 times the minimum wage per week, from being taken in garnishment — whichever is less. But increases in the minimum wage have failed to keep up with inflation.
As federal law stands now, just $217.50 a week is exempt from seizure. (A few states set higher cutoffs.)
The working poor “have difficulties maintaining payments on life’s necessities with their full paycheck,” said Angela Riccetti, a lawyer with Atlanta Legal Aid who represents indigent clients whose wages are being garnished.
“You lose 25 percent of it and everything folds.” For Leann Weaver, the woman at the grocery store, Capital One’s lawsuit made a bad situation worse.
After being evicted from her apartment, she moved in with her grandparents. Without them, she might have ended up on the street or in a shelter, she said.
Capital One declined to comment on Ms. Weaver’s case.
“We encourage anyone facing difficulties meeting their financial obligations to contact us right away,” Tatiana Stead, a bank spokeswoman, said in an e-mail message.
Ms. Weaver said she repeatedly asked Capital One for more time to pay her $2,470 debt, but last year the bank filed suit.
She failed to show up in court, and a judgment was entered against her, swollen by $1,800 in interest and lawyers’ fees.
Then the garnishment began, almost $500 a month, or a quarter of her pay.
“I can’t even look at my paychecks any more,” she said.
This story originally appeared in the The New York Times
Topics:Recession | Debt | Credit | Economic Data | Interest Rates | Inflation | Employment | Consumers | Federal Reserve | Federal Budget (U.S.) | Economy (Global) | Economy (U.S.)PrintEmailText Size
Buzz up!1 FEATURED ECONOMY & GOVERNMENT STORIES
State Debt Woes Grow Too Big to Camouflage
The Tax Attack on America
Sarkozy Urges New World Finance Rules in US Speech
12 Comments TotalCOMMENTSRadical_1 | Apr 2, 2010 12:37 PM ET
Just proves the point "at least show up for Court". While you might not win at least you'll leave knowing how bad you're going to get screwed, where if you don't go at all, you have NO IDEA what happened, or how bad the Court ruled against you. One thing is guaranteed in a Court of Law, if you don't show up you'll NEVER WIN.
Report Abuse
mcleert | Apr 2, 2010 01:05 PM ET
But it is ok for the same banks to not pay down their toxic debts and get a free % loan from the government to do as they please !!!!
Time for a national consumer law suit against all
the too big to fail banks.
Report Abuse
WaitForTheRevision | Apr 2, 2010 02:37 PM ET
Over the next six years, the bank deducted more than $10,000 from Mr. Jones’s paychecks, but he made little headway on his debt.
According to a court order secured by Beneficial’s lawyers last spring, he still owed the company $3,965, a sum nearly equal to the original loan amount. Mr. Jones, who did not graduate from high school, was baffled
LOL "who did not graduate from high school" Why throw that in here? Reporter "So Mr. Jones you seem to be uneducated would it be safe for me to ASS-U.M.E. that you didn't finish H.S.? Ahhh.. Haaa I knew it! LOL. It sounds like a simple BK filing would have saved these people cash. But yet here they are paying 500 percent more than they should and still have balances and bad credit. Credit is a scam that is sold to us and used for control. Pay cash it's better.
Report Abuse
magnets | Apr 2, 2010 02:52 PM ET
Laws have been written to declare what is owed and to demand interest and fees as well. Then people can be harassed as long as possible and perhaps additional monies can be obtained.
Unfortunately during the process a lose-lose situation is turned into a lose-lose-win situation. The debtor still loses, the original creditor still loses and the only possible winner is a third-party that wears the debtor and the system down just to collect as much as possible on their original small bet - paid to the original creditor by the third-party.
Report Abuse
magnets | Apr 2, 2010 03:18 PM ET
Let's see, the ADULT in the room should be the judge. Neither Democratic nor Republican judges seem to understand that. (Yes, politics is unfortunately now well embedded in the court system.)
People have no respect for the system. And why should they? They know they owe the debt. They would love to pay off the debt if they could. The reason they have the debt in the first place is because it was easy - not because they could afford it. They assume the judge will be fair. Unfortunately they do not know that the judge demands respect in order to be fair. You have to show up. No wonder people have no respect for the system.
Credit Card companies should raise and lower limits on a monthly basis. 20% usage is OK. 80% usage and the card gets rejected the next time use is attempted. Fixing the problem early might mean the third-party never needs to get involved.
Which would creditors rather have in the economy, people buying things or people paying penalties and fees they can not afford? Politicians should prefer consumers over debt collectors.
Report Abuse
curlqgurl | Apr 2, 2010 04:52 PM ET
I lost my job and offered Captial One 15 percent and $100 per month on a bill of $1300.
THEY REFUSED.
Report Abuse
RayRock. | Apr 2, 2010 04:56 PM ET
Show up and ask to see the original documents that prove a debt exists and that they’re authorized to collect on it. If they cannot do that then ask the judge to order them to compensate you for your time and to find in your favor and order them to cease pursuing the claim and to prohibit them from selling the debt to anyone else. It may or may not work, but it never hurts to ask.
On another note though I see this as just the beginning as soon we’ll see lenders with foreclosed homes on their hands suing those who defaulted. The lenders will scrutinize the loan documents and if there are any lies I expect lenders to sue for fraud and probably file criminal complaints as well in the very near future.
It’s about to get ugly for debtors and it’ll take years for the cases to work their way through the courts.
Report Abuse
RUOK2 | Apr 2, 2010 05:40 PM ET
Very Very Sad, that Banks were bailed out, rescued by the Taxpayers...while the banks then increased interest rates on credit, stop making loans, and play all types of accounting games to make their book look good....and what does the consumer and small business person get....SCREWED......revolt against monster banks like Citi Group , Bank of America, JP Morgan Chase.....Put your money in a local community bank that cares for the community, and WAll Street and stock prices.......Its all very sad...
Report Abuse
gliding | Apr 2, 2010 06:02 PM ET
No court should ever allow usurious interest rates in such cases, whether the defendant shows up or not. More than 10% is questionable. More than 18% is outrageous.
And if the defendant doesn't show up, then the plaintiff should pay the legal and court fees of bringing the suit, for it poses a disincentive for abuse.
Report Abuse
HLJ63 | Apr 2, 2010 06:35 PM ET
Some people think that ignoring the problem will make it all go away, like there is this kind fairy out there who waves a wand and poof! All of your debt is gone. Sorry but that fairy only appears for the Big banks who are able to tuck away their toxic assets and debt as if they don't exist.
Report Abuse
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Second Case: Ruth M. Owens, a disabled Cleveland woman, was sued by Discover Bank in 2004 for an unpaid credit card. Ms. Owens offered a defense, sending a handwritten note to the court.
“After paying my monthly utilities, there is no money left except a little food money and sometimes it isn’t enough,” she wrote.
Robert Triozzi, a judge at the time, heard the case. He found that over a period of several years, Ms. Owens had paid nearly $3,500 on an original balance of $1,900.
But Discover was suing her for $5,564, mostly for late fees, compound interest, penalties and other charges. He called Discover’s actions “unconscionable” and threw the case out.
Going to court is no guarantee of victory, of course. Consumers who do go are sometimes intercepted by collection lawyers, who press them to sign papers settling without a trial.
These settlements may be against the interests of debtors, but they sign anyway.
“We’re signing off on a lot of settlement agreements where we shake our heads and ask, ‘Why is this person settling to this?’ ” Judge Lipman said.
Second Case:
For the working poor, losing a lawsuit can mean disaster.
The case of Sidney Jones shows how punishing the system can be. In January 2001, Mr. Jones, 45, a maintenance worker from California Crossroads, Va., took out a $4,097 personal loan from Beneficial Virginia, a subprime lender now owned by HSBC, the big bank.
He fell behind, and Beneficial sued. Mr. Jones did not appear in court.
“I just thought they were going to take what I owed,” he said.
By default, Beneficial won a judgment of $4,750, plus $900 in lawyers’ fees, with the debt accruing interest at 27.55 percent until paid in full. The bank started garnishing his wages in March 2003.
Over the next six years, the bank deducted more than $10,000 from Mr. Jones’s paychecks, but he made little headway on his debt.
According to a court order secured by Beneficial’s lawyers last spring, he still owed the company $3,965, a sum nearly equal to the original loan amount. Mr. Jones, who did not graduate from high school, was baffled.
“Where did all this money go that I paid them?” he said. Dale Pittman, a consumer law lawyer in Petersburg, Va., took Mr. Jones’s case without charge, and found that all but $134 of his payments had gone toward interest, fees and court costs.
“It’s a perfectly legal result under Virginia law,” Mr.Pittman said.
***********************************************************************************
So, which way will you go? Lay down like a dog and get run over or stand up and defend yourself?
If you need help, contact me, Bill Young. I am a former bank loan officer and have many clients who have been able to Beat the Banks!
Call for a free consultation on your situation.
Bill Young, Personal Financial Consultant
646-961-3818
MORE FROM NYTIMES.COM
Current DateTime: 09:22:23 02 Apr 2010
LinksList Documentid: 22528754
BusinessDealBook BlogSmall Business News
A 1968 federal law exempts 75 percent of a worker’s wages, or 30 times the minimum wage per week, from being taken in garnishment — whichever is less. But increases in the minimum wage have failed to keep up with inflation.
As federal law stands now, just $217.50 a week is exempt from seizure. (A few states set higher cutoffs.)
The working poor “have difficulties maintaining payments on life’s necessities with their full paycheck,” said Angela Riccetti, a lawyer with Atlanta Legal Aid who represents indigent clients whose wages are being garnished.
“You lose 25 percent of it and everything folds.” For Leann Weaver, the woman at the grocery store, Capital One’s lawsuit made a bad situation worse.
After being evicted from her apartment, she moved in with her grandparents. Without them, she might have ended up on the street or in a shelter, she said.
Capital One declined to comment on Ms. Weaver’s case.
“We encourage anyone facing difficulties meeting their financial obligations to contact us right away,” Tatiana Stead, a bank spokeswoman, said in an e-mail message.
Ms. Weaver said she repeatedly asked Capital One for more time to pay her $2,470 debt, but last year the bank filed suit.
She failed to show up in court, and a judgment was entered against her, swollen by $1,800 in interest and lawyers’ fees.
Then the garnishment began, almost $500 a month, or a quarter of her pay.
“I can’t even look at my paychecks any more,” she said.
This story originally appeared in the The New York Times
Topics:Recession | Debt | Credit | Economic Data | Interest Rates | Inflation | Employment | Consumers | Federal Reserve | Federal Budget (U.S.) | Economy (Global) | Economy (U.S.)PrintEmailText Size
Buzz up!1 FEATURED ECONOMY & GOVERNMENT STORIES
State Debt Woes Grow Too Big to Camouflage
The Tax Attack on America
Sarkozy Urges New World Finance Rules in US Speech
12 Comments TotalCOMMENTSRadical_1 | Apr 2, 2010 12:37 PM ET
Just proves the point "at least show up for Court". While you might not win at least you'll leave knowing how bad you're going to get screwed, where if you don't go at all, you have NO IDEA what happened, or how bad the Court ruled against you. One thing is guaranteed in a Court of Law, if you don't show up you'll NEVER WIN.
Report Abuse
mcleert | Apr 2, 2010 01:05 PM ET
But it is ok for the same banks to not pay down their toxic debts and get a free % loan from the government to do as they please !!!!
Time for a national consumer law suit against all
the too big to fail banks.
Report Abuse
WaitForTheRevision | Apr 2, 2010 02:37 PM ET
Over the next six years, the bank deducted more than $10,000 from Mr. Jones’s paychecks, but he made little headway on his debt.
According to a court order secured by Beneficial’s lawyers last spring, he still owed the company $3,965, a sum nearly equal to the original loan amount. Mr. Jones, who did not graduate from high school, was baffled
LOL "who did not graduate from high school" Why throw that in here? Reporter "So Mr. Jones you seem to be uneducated would it be safe for me to ASS-U.M.E. that you didn't finish H.S.? Ahhh.. Haaa I knew it! LOL. It sounds like a simple BK filing would have saved these people cash. But yet here they are paying 500 percent more than they should and still have balances and bad credit. Credit is a scam that is sold to us and used for control. Pay cash it's better.
Report Abuse
magnets | Apr 2, 2010 02:52 PM ET
Laws have been written to declare what is owed and to demand interest and fees as well. Then people can be harassed as long as possible and perhaps additional monies can be obtained.
Unfortunately during the process a lose-lose situation is turned into a lose-lose-win situation. The debtor still loses, the original creditor still loses and the only possible winner is a third-party that wears the debtor and the system down just to collect as much as possible on their original small bet - paid to the original creditor by the third-party.
Report Abuse
magnets | Apr 2, 2010 03:18 PM ET
Let's see, the ADULT in the room should be the judge. Neither Democratic nor Republican judges seem to understand that. (Yes, politics is unfortunately now well embedded in the court system.)
People have no respect for the system. And why should they? They know they owe the debt. They would love to pay off the debt if they could. The reason they have the debt in the first place is because it was easy - not because they could afford it. They assume the judge will be fair. Unfortunately they do not know that the judge demands respect in order to be fair. You have to show up. No wonder people have no respect for the system.
Credit Card companies should raise and lower limits on a monthly basis. 20% usage is OK. 80% usage and the card gets rejected the next time use is attempted. Fixing the problem early might mean the third-party never needs to get involved.
Which would creditors rather have in the economy, people buying things or people paying penalties and fees they can not afford? Politicians should prefer consumers over debt collectors.
Report Abuse
curlqgurl | Apr 2, 2010 04:52 PM ET
I lost my job and offered Captial One 15 percent and $100 per month on a bill of $1300.
THEY REFUSED.
Report Abuse
RayRock. | Apr 2, 2010 04:56 PM ET
Show up and ask to see the original documents that prove a debt exists and that they’re authorized to collect on it. If they cannot do that then ask the judge to order them to compensate you for your time and to find in your favor and order them to cease pursuing the claim and to prohibit them from selling the debt to anyone else. It may or may not work, but it never hurts to ask.
On another note though I see this as just the beginning as soon we’ll see lenders with foreclosed homes on their hands suing those who defaulted. The lenders will scrutinize the loan documents and if there are any lies I expect lenders to sue for fraud and probably file criminal complaints as well in the very near future.
It’s about to get ugly for debtors and it’ll take years for the cases to work their way through the courts.
Report Abuse
RUOK2 | Apr 2, 2010 05:40 PM ET
Very Very Sad, that Banks were bailed out, rescued by the Taxpayers...while the banks then increased interest rates on credit, stop making loans, and play all types of accounting games to make their book look good....and what does the consumer and small business person get....SCREWED......revolt against monster banks like Citi Group , Bank of America, JP Morgan Chase.....Put your money in a local community bank that cares for the community, and WAll Street and stock prices.......Its all very sad...
Report Abuse
gliding | Apr 2, 2010 06:02 PM ET
No court should ever allow usurious interest rates in such cases, whether the defendant shows up or not. More than 10% is questionable. More than 18% is outrageous.
And if the defendant doesn't show up, then the plaintiff should pay the legal and court fees of bringing the suit, for it poses a disincentive for abuse.
Report Abuse
HLJ63 | Apr 2, 2010 06:35 PM ET
Some people think that ignoring the problem will make it all go away, like there is this kind fairy out there who waves a wand and poof! All of your debt is gone. Sorry but that fairy only appears for the Big banks who are able to tuck away their toxic assets and debt as if they don't exist.
Report Abuse
More Comments
« First | « Previous 1 | 2 Next » | Last »
Thank you for joining our discussion. Your comment has been posted.
ADD COMMENTSPlease Sign In or Register to participate.
In order to add a comment you must click here and accept our terms and conditions.Edit Screen Name
Your Comments (Up to 1100 characters):
Please sign-in/optin or register to be able to submit comments.
Remaining characters 1100
CNBC welcomes your contribution. Please respect our community and the integrity of its participants. CNBC reserves the right to moderate and approve your comment.
Sorry, we are no longer accepting comments.PREVIEW COMMENTYour comments have not been posted yet.
Please review your submission to make sure you are comfortable with your entry.
Your Comments:
Thursday, February 11, 2010
MBA Chief Admonishes Underwater Homeowners Against Walking Away From Mortgage...
Mr. Courson, President of the Mortgage Bankers Association said about homeowners who walk away from their underwater homes, sticking the bank with the unpaid mortgage: "What about the message they will send to their family and their kids and their friends?" he asked, about a year before The Mortgage Bankers Association left their lenders holding the bag on about $30 million dollars they did not pay when they left their underwater HQ builing purchased at the height of the RE Boom in Wash DC.
Monday, January 25, 2010
Big N.Y. Housing Complex Is Returned to Creditors! Why Are You Still Struggling to Pay Your Underwater Mortgage!
Quote from the NY Times, 1-25-10: "This month, the partnership headed by Tishman Speyer defaulted on $3 billion in debt on the properties." (Stuyvesant Town) 110 buildings, over 11,000 homes (apartments)
Did you get that? The owners defaulted on #3 Billion dollar mortgage, 110 buildings and "Returned them to creditors", sent the keys to the bank?
But didn't they have a "Moral Obligation" to pay their legally contracted debt?" Are they not "Immoral Speculators" according to former Treasury Sec Paulson? How naughty, seems the loss of money was too important to them.
And how about you? Are you are still struggling to pay off your underwater mortgage, throwing your children's college future, your retirement security, the money you need to maintain your lifestyle under the bus, driven by the craven, greedy, immoral bankers who created your living hell in the first place?
But you love your house and don't want to lose it? You lost it either when you signed the contract that you were never meant to be able to repay or when Lehman Bros went bust, kicking the lid off the rotten financial garbage that was festering under the Wall Streeters who produced it, spewing all over and contaminating the entire financial system.
Oh, your credit rating...? Well, if you want to be one of people with the highest credit scores living under the viaduct when you eventually lose your home, once your 401(k) runs out, I guess you should keep on paying your mortgage.
In reality, your credit rating will rebound, even enabling you to buy another house in a few years. Buy that new car Before you default on your mortgage!
A more serious matter is that in most states, the banks can come after you for the amount of money you owe them that they do not collect from the sale of your home. This is called a deficiency judgment.
If this amount will be great, suggest you declare bankruptcy before defaulting on the mortgage. This will prevent the banks from coming after you as well as the IRS, which, ironically can levy a income tax against you based on the amount of money you Did Not pay your lender. Seems the joke is that the IRS figures since you still have that money in your possesion, they tax it as income to you!
In some, so-called, non- deficiency states, the banks cannot come after you for any deficiency betwen what they collect at the sale of your house and the remaining balance on your mortgage. These states are:
Alaska
Arizona
California
Connecticut
Florida
Idaho
Minnesota
North Carolina
North Dakota
Texas
Utah
Washington
You may still have to deal with the IRS as far as taxes on the unpaid mortgage balance goes, which requires a bankruptcy to avoid.
Think about it. How much could you rent a comparable property for? One half your mortgage payment, one third your mortgage payment?
How much money are you underwater? $50,000, $500,000? Homes will never appreciate the way they did during the boom in our lifetime. It could take decades before the values increase to cover your mortgage.
You may not be aware, but we are in the eye of the mortgage typhoon. The subprime mess was the leading edge, the massive defaults of option arm adjustable mortgage defaults, most of which are prime borrowers; the trailing edge of the storm will hit later this year and blow away another big chunk of your equity!
Another possibility, and one that we suggest all our clients explore, is the possibility of recouping a good part of your down payment, the money from your 401(k) or even amassing a grub stake to start over, by simply stopping your mortgage payments, but remaining in your house!
This will not work in states like Texas, where trust deeds are used. They can have you thrown out of your house in 90 days!
However, most states are mortgage states and the process is far more convoluted and delay prone. We have shown people how to game the system and remain in their homes for up to 3 years, while banking their mortgage payments!
There is also a good possibility, we believe that voluntary defaults will become so common that the banks will have to capitulate and reduce the balances on their mortgages to more realistic market levels. If you are still in your home when this happens, say in 2012, a Presidential reelection year, and you have some money to make a lump sum settlement, you may even be able to keep your home.
Obviously, this is a complicated issue, but the wrong answer can mean financial ruin for you and your family. It, as Tishman Speyer demonstrated to the tune of $3 Billion dollars, not a moral issue, just plain old dollars and sense!
So, you won't get a gold star in your bank book! So what?
If you would like a free consultation to discuss your specific situation, do not hesitate to give me a call.
Bill Young, Personal Financial Coach, Former Bank Loan Officer for the Dime Savings Bank of Brooklyn.
646-961-3818
billyoung222@gmail.com
Did you get that? The owners defaulted on #3 Billion dollar mortgage, 110 buildings and "Returned them to creditors", sent the keys to the bank?
But didn't they have a "Moral Obligation" to pay their legally contracted debt?" Are they not "Immoral Speculators" according to former Treasury Sec Paulson? How naughty, seems the loss of money was too important to them.
And how about you? Are you are still struggling to pay off your underwater mortgage, throwing your children's college future, your retirement security, the money you need to maintain your lifestyle under the bus, driven by the craven, greedy, immoral bankers who created your living hell in the first place?
But you love your house and don't want to lose it? You lost it either when you signed the contract that you were never meant to be able to repay or when Lehman Bros went bust, kicking the lid off the rotten financial garbage that was festering under the Wall Streeters who produced it, spewing all over and contaminating the entire financial system.
Oh, your credit rating...? Well, if you want to be one of people with the highest credit scores living under the viaduct when you eventually lose your home, once your 401(k) runs out, I guess you should keep on paying your mortgage.
In reality, your credit rating will rebound, even enabling you to buy another house in a few years. Buy that new car Before you default on your mortgage!
A more serious matter is that in most states, the banks can come after you for the amount of money you owe them that they do not collect from the sale of your home. This is called a deficiency judgment.
If this amount will be great, suggest you declare bankruptcy before defaulting on the mortgage. This will prevent the banks from coming after you as well as the IRS, which, ironically can levy a income tax against you based on the amount of money you Did Not pay your lender. Seems the joke is that the IRS figures since you still have that money in your possesion, they tax it as income to you!
In some, so-called, non- deficiency states, the banks cannot come after you for any deficiency betwen what they collect at the sale of your house and the remaining balance on your mortgage. These states are:
Alaska
Arizona
California
Connecticut
Florida
Idaho
Minnesota
North Carolina
North Dakota
Texas
Utah
Washington
You may still have to deal with the IRS as far as taxes on the unpaid mortgage balance goes, which requires a bankruptcy to avoid.
Think about it. How much could you rent a comparable property for? One half your mortgage payment, one third your mortgage payment?
How much money are you underwater? $50,000, $500,000? Homes will never appreciate the way they did during the boom in our lifetime. It could take decades before the values increase to cover your mortgage.
You may not be aware, but we are in the eye of the mortgage typhoon. The subprime mess was the leading edge, the massive defaults of option arm adjustable mortgage defaults, most of which are prime borrowers; the trailing edge of the storm will hit later this year and blow away another big chunk of your equity!
Another possibility, and one that we suggest all our clients explore, is the possibility of recouping a good part of your down payment, the money from your 401(k) or even amassing a grub stake to start over, by simply stopping your mortgage payments, but remaining in your house!
This will not work in states like Texas, where trust deeds are used. They can have you thrown out of your house in 90 days!
However, most states are mortgage states and the process is far more convoluted and delay prone. We have shown people how to game the system and remain in their homes for up to 3 years, while banking their mortgage payments!
There is also a good possibility, we believe that voluntary defaults will become so common that the banks will have to capitulate and reduce the balances on their mortgages to more realistic market levels. If you are still in your home when this happens, say in 2012, a Presidential reelection year, and you have some money to make a lump sum settlement, you may even be able to keep your home.
Obviously, this is a complicated issue, but the wrong answer can mean financial ruin for you and your family. It, as Tishman Speyer demonstrated to the tune of $3 Billion dollars, not a moral issue, just plain old dollars and sense!
So, you won't get a gold star in your bank book! So what?
If you would like a free consultation to discuss your specific situation, do not hesitate to give me a call.
Bill Young, Personal Financial Coach, Former Bank Loan Officer for the Dime Savings Bank of Brooklyn.
646-961-3818
billyoung222@gmail.com
Friday, January 8, 2010
Underwater? Stop Paying Your Mortgage, Stupid!
University of Arizona law professor. Brent White agrees with my recommendation to those who owe more money than their home is worth! (Underwater)Stop Paying Your Mortgage, Stupid!
I have been arguing for more than a year as I saw people's lives being destroyed by using their retirement funds, college funds, etc to pay on a mortgage on a house that is worth less than the loan. Invariably, when the funds ran out, they lost the house anyway, leaving them totally destitute. This makes no financial sense. Corporations and businesses don't play by these rules. Case in point: Maguire Properties Inc., one of the largest commercial landlords in California, walked away from seven prime office buildings in Los Angeles and Orange counties last year, defaulting on loans worth more than $1 billion. "The deal no longer made financial sense!"
Tishman Speyer walked away from a $3 Billion mortgage on 110 buildings in NY's Stuyvesant Town after property values fell to half of the purchase price.
Sunshine Properties, a major hotel owner let a string of Hyatt's, Hiltons and other marque properties go back to the lender when their values fell.
Morality? Please! What would Ben Bernanke, or Tim Geitner do if they were in such a dire situation?
We are under no obligation to adhere to any moral standards that are different from the banks who made the immoral loans that brought down the financial system. They knew what they were doing, but only saw the dollar signs generated by the lending frenzy.
Then, when the inevitable defaults happened, will they write down the balance of your underwater mortgage so that you can pay it off? You mean the banks taking a real loss, are you kidding? They even strong armed the government, (you and me) to pay off their paper losses! They have totally forfeited any moral claims on borrowers, in my estimation.
As a former bank loan officer myself, I will show you how to stay in your home for 12-36 months without ever making an additional mortgage payment, allowing you to recoup some of your lost money so you can accumulate a nest egg for your future.
So, if you are underwater in your home, get over it. Think of the money, like a business person. The house has been lost due to the financial schenanigans of the banks. Save your money, prepare to find a cheaper rental. It is even possible that you will be able to buy another, similar or better house in the future at a much better price.
Your credit may be bad for 7 years, so buy that car or whatever before you do this but think about it, do you really want to be the one with the highest credit score among your homeless mates living in a card board box under the viaduct?
If you would like to know how you can stop paying your mortgage and remain in your home for 12-36 months, contact me.
Bill Young, Personal Financial Consultant
I have been arguing for more than a year as I saw people's lives being destroyed by using their retirement funds, college funds, etc to pay on a mortgage on a house that is worth less than the loan. Invariably, when the funds ran out, they lost the house anyway, leaving them totally destitute. This makes no financial sense. Corporations and businesses don't play by these rules. Case in point: Maguire Properties Inc., one of the largest commercial landlords in California, walked away from seven prime office buildings in Los Angeles and Orange counties last year, defaulting on loans worth more than $1 billion. "The deal no longer made financial sense!"
Tishman Speyer walked away from a $3 Billion mortgage on 110 buildings in NY's Stuyvesant Town after property values fell to half of the purchase price.
Sunshine Properties, a major hotel owner let a string of Hyatt's, Hiltons and other marque properties go back to the lender when their values fell.
Morality? Please! What would Ben Bernanke, or Tim Geitner do if they were in such a dire situation?
We are under no obligation to adhere to any moral standards that are different from the banks who made the immoral loans that brought down the financial system. They knew what they were doing, but only saw the dollar signs generated by the lending frenzy.
Then, when the inevitable defaults happened, will they write down the balance of your underwater mortgage so that you can pay it off? You mean the banks taking a real loss, are you kidding? They even strong armed the government, (you and me) to pay off their paper losses! They have totally forfeited any moral claims on borrowers, in my estimation.
As a former bank loan officer myself, I will show you how to stay in your home for 12-36 months without ever making an additional mortgage payment, allowing you to recoup some of your lost money so you can accumulate a nest egg for your future.
So, if you are underwater in your home, get over it. Think of the money, like a business person. The house has been lost due to the financial schenanigans of the banks. Save your money, prepare to find a cheaper rental. It is even possible that you will be able to buy another, similar or better house in the future at a much better price.
Your credit may be bad for 7 years, so buy that car or whatever before you do this but think about it, do you really want to be the one with the highest credit score among your homeless mates living in a card board box under the viaduct?
If you would like to know how you can stop paying your mortgage and remain in your home for 12-36 months, contact me.
Bill Young, Personal Financial Consultant
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