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From the President: ‘Twas a good year, but much more to do in 2011!
Written by Dory Rand   
Friday, 17 December 2010 13:40

Looking back on the past year, I am thankful that financial justice champions made significant progress at the local, state and national levels. While we certainly did not get everything we asked for on our wish lists, we got more than the equivalent of lumps of coal in the form of new laws, rules, and programs. Woodstock Institute was pleased to collaborate with colleagues on many of the 2010 successes, including the following:

The Dodd-Frank Act, which enacted far-reaching financial reform including the creation of a new Consumer Financial Protection Bureau

Implementation of credit card reforms under the CARD Act

New overdraft loan consumer protections requiring that consumers “opt in” to the program

Interagency public hearings across the country on reforms needed to the Community Reinvestment Act and Home Mortgage Disclosure Act

Increased federal funding for Community Development Financial Institutions

New Community Reinvestment Act (CRA) rules allowing CRA credit for bank efforts in areas receiving Neighborhood Stabilization Program funds to revitalize areas hardest hit by foreclosures

Elimination of asset tests in public benefit programs in many states across the country

IRS decision to stop helping for-profit tax preparers offer income tax refund anticipation loans (RALs)

Increased regulatory scrutiny of banks involved in tax refund anticipation loans and exit of Chase and HSBC from offering RALs

Passage of payday loan and consumer loan and debt settlement consumer protection laws in Illinois

Creation of Circuit Court of Cook County Mortgage Foreclosure Mediation Program and the accompanying community outreach campaign

Woodstock’s cutting edge research, including the Diverted Opportunity report on RALs, Paying More for the American Dream IV report on mortgage lending trends, regular foreclosure updates, and the Bridging the Gap report on credit scores

Completion of Illinois Children’s Savings Account Task Force meetings, hearings and report

Looking ahead, 2011 is going to be another very busy and exciting year. Woodstock Institute will continue to work on the unfinished aspects of the policy work described above, continue to report on the impacts of foreclosures in the Chicago region, and conduct new research on fair lending, wealth creation and financial reform issues. Many states, including our home state of Illinois, must grapple with structural deficits before other progress can occur. Advocates must weigh in on discussions of the federal deficit so that proposed solutions do not further exacerbate the growing wealth gap. While we may see fewer federal legislative victories for low-wealth consumers and communities in 2011, we believe there are opportunities to enact some key regulatory changes and influence important budget policies so that we can advance economic security and community prosperity for all.

We can’t do it alone. The collaboration of diverse organizations from across the Chicago region and beyond is necessary to influencing decision-makers, educating the public, and improving the fortunes of low-wealth communities and communities of color. We value the hard work of our regional, statewide, and national partners and look forward to building new relationships in the new year.

Wishing you a safe and healthy holiday season and a happy new year!

Dory

 

add comment Comments (1)

Barbara Ann Jackson said:

...
Scores of homeowners do not contest foreclosures because:
1. They don't have knowledge of the law in order to recognize which aspects of foreclosure are legally challengeable or even fraudulent.
2. Even those who identify wrongdoing, lack funds to pay for attorneys to represent them.
3. Homeowners are told to come to foreclosure auctions with money that they do not have, so they stay away from foreclosure auctions.

**LAWYERS WHO FILE FORECLOSURES SHOULD BE INVESTIGATED http://chn.ge/eU2zAm

Homeowners are oblivious about sometimes "straw buyers" and sometimes lawyers in charge of foreclosures, obtaining illegal ownership of people's homes, and pay literally nothing through "credit bids;" and that those recorded deeds from such auctions are Null! For these very reasons, there needs to be a probe of lawyers who file foreclosures.

Also, the average lay person doesn't know about legal requirements of "standing" that prevents their homes from being repossessed via non-existent lenders, or via lenders who have no ownership of promissory notes.

Yet, courts are supposed to enforce "standing" and compliance with established laws! Illegal, defective, fraudulent foreclosure causes useless deeds for property sales; title insurance denials –and more.

Further, after certain foreclosure auctions (via simulation) result in fraudulent –NOT lender acquisitions, by lawyers or straw buyers, the common scenario becomes property flipping, neighborhood blight, rodents, and so on!

*Sample of fraudulent foreclosure acts:

-Deliberately use defunct lenders, lenders without "standing" for false civil and bankruptcy foreclosure proceedings
-Create and conceal malpractice foreclosure delays and engineer billable litigation
-Orchestrate sham foreclosure auctions; property never acquired by lenders, but 'straw buyers'
-Commit actionable wrongs (unfair debt collection, fraud, various torts) that create lawsuits
- Foreclosures naming defunct lenders, illegally recorded property deeds, flipping, blighted communities
-Unconscionably create false deficiency judgments against property owners after straw buyers acquire homes for pennies on the dollar
-Intentionally false Bankruptcy court "Motion to Lift" and "Proof of Claim" on behalf of non-existent lenders which conceals fact of a "non-secured" mortgage debt
-Involved in fraudulent collection of property damage insurance, as well as mortgage-default insurance
- Fraudulent foreclosures abet loss of property taxes to city revenue, and invites rodents, vagrants
- Thousands of families made unlawfully homeless from null foreclosure proceedings

Foreclosure lawyers are officers of the court. Lawyers are required to know applicable laws and civil procedure. This knowledge is not required of mortgage lenders, nor loan servicers.

*more @ Request for Congressional Foreclosure Panel to Examine Foreclosure Lawyers
http://www.change.org/petitions/view/ request_for_congressional_foreclosure_panel_to_examine_
foreclosure_lawyers#
December 21, 2010

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