Friday, July 2, 2010

foreclosure law

I have not contributed much to the Moderate Voice during 2010 while I actively posted numerous submissions during 2009. This is due to a variety of factors that some TMV contributors and readers might understand and others may simply dismiss as just worthless excuses.


Throughout 2010, I have continued to read TMV once a day, sometimes dropping by twice as it adds new posts far more frequently than all other major Internet blogs. I really enjoy the many excellent contributions of current bloggers and editors. I constantly tell friends and acquaintances to read TMV as a great alternative to the generally biased, ignorant, and worthless crap incessantly emanating from most other Internet sources. The new commentary system also works well and the reader comments are really worth digesting.


Over the past 6 months, I have started a number of posts and abandoned them because other TMV contributors have written similar and much better articles, printing them as I still labor to finish mine while scrambling on a few part-time contract assignments that might generate some measly income. I am not a journalist so I do not possess that talent or drive to write frequently or even that well.


I have spent most of my life writing but 90% of my work has been dedicated to business and legal memoranda, contract drafting, creating business plans, making governmental applications and responses to regulatory, tax and zoning issues, legal briefs and court filings, and a variety of complex business and legal correspondences on many subjects. I could churn out those “babies” quite rapidly when the prospect of continuing or future financial compensation was involved. My pro bono assistance to some home owners with mortgage and foreclosure issues has not generated any referrals.


Internet blogging is not my strong suit. Some friends and acquaintances have recommended that I also try writing some novels, but decent character and plot development appears to be beyond my abilities. Two longer literary works lay around incomplete and garbled in various computer files. Besides, there have been published millions of literary works by far better writers, all of which can be found all over the Internet and in our bookstores and libraries. One can easily choke on all the cooking books out there today. Its disappointing to realize that my limited past contributions have been pretty useless even when cross-posted on other well-known blogs. I appear to be a prolific “writer” who in reality simply can’t write.


For the second time during my family’s 5-year residence in Arizona, we are being forced to move due to our landlord’s impending foreclosure. Fortunately Federal Public Law 111-22, effective 5/20/09, requires that all tenants receive 90-day’s notice to leave their rented premises from any owner, bank or trustee involved in a mortgage foreclosure, whether they are on a lease or on a month-to-month tenancy. We’re trying to get out of our current digs in less than half that time because the condominium complex is half empty and is no longer being well maintained.


I have nothing against our landlords but they were and are so under water financially with respect to their mortgages and current property values, they really have no sane alternatives. Legally, I can push the envelope to stay put over a longer period of time but our 11-year-old son starts the 6th Grade in Mid August, so what’s the point in fighting to stay in a place that we need to eventually leave? Of course there are additional financial burdens and logistic problems with moving. But in this depressed economy, those are probably not worth complaining about.


I am now on the free-fall toward personal oblivion that occurs to each of us who pass 50 years on this planet. I did not anticipate being in such a miserable financial state a decade ago.


When I complained about the national and global economic mess destroying so many lives in all age groups, two lucky arrogant imbeciles told me that my current plight and those of most individuals are solely our own faults and that we should not look to blame big business, casino banks and financial institutions, “laissez-faire” government, and the complete unleashing of sociopaths during the past 30 years. We should instead blame godless liberals, illegal immigrants, gays, and other lazy minorities for some of the nation’s ills. Overall they told me that I am a whiny socialist who cannot accept my divinely-assigned lot in life.


Naturally I slugged both of these commentators in the stomach and face and yelled a few choice profanities. I really felt better for a few days. I’m a small person and they were much larger individuals, so they fortunately felt nothing physically. I don’t worry about any civil lawsuits for assault though I would enjoy the ruckus I could cause in any Arizona courtroom, not being licensed here. However, writing on TMV, I cannot recommend others engaging in such wacko and uninhibited behavior.


Fortunately my spouse is working full-time and her income covers most all our basic living expenses. She also has a small 401K plan and health insurance for herself and our son. It’s not easy living on net income of around $2,000 a month but it can be done.


I have gone without any meaningful or affordable health insurance for many years. What I have purchased in the past has only been for catastrophic coverage with huge annual deductibles. It’s hard enough financially covering occasional physician visits and medications that fall well below the annual deductible. Others tell me that I am lucky to be generally healthy at my advanced age (50) and that I only require only 2 inexpensive pills to control my high blood pressure.


If I really get sick, I’ll do it on the public dole so the rest of you insured people pick up the tab because I won’t and can’t. Otherwise the U.S. medical industrial complex will simply refuse to assist me unless I come up with money up front. Well we all have to go sometime and my death panel is the quintessential American Capitalist system based upon ability to pay. Since I am not wealthy and not making a lot of money now, I’m really not worth anything to our society. Healthcare reform did not really tackle our bloated, wasteful health system that principally caters to wealthy hypochondriacs.


Over the past year, my small group of wary and sometimes frightened business clients has produced only sporadic work in any given month. Various marketing efforts to other shrinking or stagnating local small enterprises have not proven fruitful. The Phoenix prosperity since 2000 was principally based upon “growth” and when that stopped, so did the overall economy. Endless “job” searches, networking socials, or contract work applications in response to Internet research on various companies, job boards, Craigslist and other sources, have not garnered anything but a few dead-end interviews.


To state the obvious, I join many Americans in an overall sour mood towards our long-mismanaged economy. I have no interest commiserating with a bunch of out-of-work independent contractors and consultants who are as clueless as I am about what to do next. Most of the people inside companies with the authority to make contracts, buy things and services, hire people, and make decisions are no where to be found near any networking groups. I believe our weak economy is actually in the short-term “eye” of the proverbial hurricane, with a lot more permanent danger, wreckage, excitement and disaster coming over the next 2 to 10 years.


Our country has degenerated into a perverted crony capitalist system dominated by a corrupt oligarchy propped up by an Ivy League “meritocracy” that exists on paper only. Those people born into the right families, with the right schooling, networks, friends, and luck are successful financially in the American economy – even if they are wholly ignorant and incompetent. All those anecdotal “evidence” on a few success stories are merely ruses to keep Americans believing in worthless myths about our bankrupt “capitalist” system.


Our oligarchs, business and political leaders are continuously rewarded themselves for greater and greater failures merely because they are on top of our warped and bankrupt economic system. Other successful players in the U.S. economy have chosen crime, gambling and other unregulated activities. I am trying to discover my inner sociopath as I see most successful businesses today being based upon screwing others as quickly as possible, and then disappearing and starting the next short-term scam. Of course, this is only possible in our completely “unregulated” free-enterprise system. Anyone who believes that our economic and political systems are the best in the world is a complete moron.


Our society and economy no longer value or reward those who try to provide worthwhile goods and services to others. Because those with the power in government and our private sector to determine and influence national economic and political decisions are so out of touch with reality, greedy, narcissistic and sociopathic; I hold little hope for this country or even this planet’s long-term future. Our country and people cannot come up with a rationale set of priorities, and balance between competing interests. Some readers may argue with these basic premises, but most facts stubbornly point to my dismal conclusions.


Certainly the lack of any meaningful progress on any domestic or international issues, plus the continuing massive oil gush in the Gulf does not make me a “Happy Camper” during 2010 I have watched this country become consumed by various intellectual cancers: Ignorance, fear, anger, selfishness, extreme political, social and religious polarization, the rise of extremist views, and the overall sense that we as a nation can no longer accomplish anything except yell endless and mindless rants at each other.


TMV has a group of writers and editors that vainly try to speak rationally and sensibly, but compared to the 24/7 din or our superficial media and national obsessions with celebrities and useless new electronic gadgets, does anything matter any more?


To say the least, I’m in a deep funk and depression – all of which is my own damn fault according to some experts. I used to climb out by focusing on bigger issues than those plaguing me, or on other people rather than contemplating myself. Those tactics have not been working for me anymore. I’m not too sure what to do with the few decades I have left on this planet.


I have no interest in doing volunteer work – the ruse of the American right to get Americans to work for free. There are no valuable connections to be made in such work, nor will it ever turn into even modestly paid work at some future date. That’s simply not a viable option when one needs to make some money to survive. Those who propose such pointless alternatives to solve massive national unemployment and under-employment also deserve to be punched in the face.


Now our nation’s arrogant oligarchs and cluelss pundits are preaching miserly governmental fiscal policies as their “recession” has ended. When will the private sector ever grow again – only if it gets more tax cuts and subsidies? It has become more important to constantly worship and serve the gods of our bond and equity markets over the real lives of tens of millions of Americans and their families. What kind of convoluted and short-sighted thought process came up with such stupidity?


My views on all types of political, social and economic issues have been radicalized over the past 10 years and particularly during the past 6 months. This country might need an updated 1789 French Revolution “cleansing” of its powerful political and wealthy economic classes. However, they have successful convinced the masses to get angry at all the other small and powerless groups in the country, based upon all types of useless distinctions, but that has successfully deflected where the real anger should be directed.


The only thing that matters in the U.S. today is the huge and obscene disparity in wealth and income between the top 10% and the rest of the country. Until that is radically altered by any means possible, nothing will improve. I no longer consider myself to be a “moderate.” Thus my frequent contributions to TMV might be counter-productive and unwanted by the editorial staff.


I think there no longer exists any rational middle or center left in this country. The choices we face are simply incompatible and cancel each other out completely. This extreme polarization will necessitate a long-needed political and economic split of this country into many post-empire self-sustaining pieces. Our 18th Century Constitution and similar mindsets of many Americans are hopelessly outdated for the 21st Century realities.


I hope the end of the American experiment comes sooner rather than later. The baby boomers and my nameless generation currently in power deserve to reap what we have sown during our destructive, greedy, narcissistic short-sighted and worthless lifetimes. Great empires commit suicide from within and our country is rapidly moving towards such a complete collapse. I am really having trouble giving a damn anymore about this country or anyone living in it.


Marc Pascal, fed up and still ranting in Phoenix, AZ



Last week I mentioned the potential law change in California: Under California law, purchase money loans are non-recourse. However once a homeowner refinances, the entire mortgage is recourse ... that is probably going to change ...

Note: This bill, if passed, will take effect June 1, 2011. Here is the proposed bill (ht pastafarian)

From David Streitfeld at the NY Times: Battles in California Over Mortgages

Lenders in California rarely chase foreclosed borrowers for deficiency judgments. Pursuing such cases in court can be an arduous process, and few of those in foreclosure have the assets or incomes to make it worthwhile.

But the threat of such action can come in handy for lenders, servicers and collection agencies. By raising the possibility of a court fight, they can negotiate favorable terms when agreeing to loan modifications and workouts, surrenders of deeds and sales for less than the full amount owed, also known as short sales.

“Using the threat of a deficiency, full-recourse lenders often prevail upon distressed borrowers to sign new, unsecured obligations in exchange for their assent to a proposed short sale or surrender of a deed,” said William A. Markham, a lawyer with Maldonado & Markham in San Diego. “This practice will nearly vanish overnight if the new measure becomes law.”
There is much more in the article. Of course the bankers are fighting to make this apply only to new loans after June 2011. The realtors are fighting to make it apply to current loans ...



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