I thought the banks had gone as far as possible to take money from the taxpayers and the government through their TARP funds and the manner in which they paid it back, enabling them to pay bonuses to their executives without government interference. They did not make the money by doing what banks are supposed to do, which is lend money. Instead, they invested it in the stock market, driving it up, and then selling and reaping the profits.
Of course, that results in capital gains that is taxable income with no offsetting deductions other than capital losses. God forbid the banksters should pay tax to the government (and the taxpayers) who bailed them out. They had to come up with a way to create more capital losses.
Of course, for these brilliant people, this was an easy task. Here is what they did, and I have the proof, which I am forwarding to the Internal Revenue Service this week. This was a JP Morgan Chase Bank transaction.
1. When they foreclose on a property, they report the "transfer value" to the county recorder. I am not sure how this affects the property taxes in other states, but in California the property taxes are assessed based upon the transfer value, as are the transfer taxes. The property for which I have the proof was reported to the county as having a transfer value of $143,000.
2. Chase then issued to the previous owner a 1099-A, as required by Federal law, to report the amount of the obligation and the fair market value of the property. In this case the outstanding principle was $283,000.00. In spite of the fact that they had shown a transfer value of $143,000 to the county, Chase reported that the Fair Market Value of the property was $345,000, more than $200,000 higher!
3. Chase then put the property on the market for $147,000, even though they had already turned down a short sale offer of $150,000 cash. They ultimately sold the property for $130,000.
What this means is that they now showed a capital loss of the difference between what they reported as the Fair Market Value ($345,000) and the final selling price ($130,000). Using those numbers, their capital loss was $215,000 which they could now offset against the capital gains from their stock dealings, saving them $32,250 in Federal taxes, and who knows how much in state taxes.
Doesn't seem like all that much for a big corporation such as Chase, but multiply that by 100,000 foreclosures and you come up with something like $3 billion dollars in fraudulent tax evasion.
In the mean time, our government leaders ignore these facts and have allowed the big banks and the rest of the financial markets to run our country because they have all of the wealth. They continue to drive down the prices of homes through the foreclosure process, while the government sits on the side lines making meaningless gestures regarding helping homeowners, while allowing the banksters free reign in destroying the fabric of America.
For more, read my book ... The American Dream Becomes the Global Nightmare
Saturday, February 26, 2011
Thursday, December 16, 2010
Tom Miller: 'We Will Put People In Jail' For Foreclosure Fraud
I would suggest that they start at the top, meaning Wall Street and Bank Executives who created the loans programs in the first place for the sole purpose of increasing profits in order to receive enhanced bonus checks and to increase stock prices that would increase their personal wealth at the expense of others. Many of these Banksters still have high positions within the Federal Government
Read the Article at HuffingtonPost
Saturday, October 23, 2010
Jerry Brown Turns Back on California Home Owners
Jerry Brown has, once again, used his position in government to make himself look like a champion of the people, and once he accomplished that goal, he turned his back on them.
In June, 2008, in his position as Attorney General of California, Jerry Brown filed suit against Countrywide Home Loans and its officers alleging various acts of fraud, predatory lending and deceptive lending practices. The suit alleged (and I know it to be true) that Countrywide would pay incentives to mortgage brokers when they put borrowers into risky adjustable rate mortgages with pre-payment penalties.
Eventually, Countrywide and Bank of America (BofA acquired Countrywide) entered into a Stipulated Judgment whereby Bank of America and Countrywide would voluntarily modify mortgages on specific types of loans without all of the normal mounds of documentation that the lenders required for loan modifications.
The problem with the Judgment was that it did explicitly stated that the judgment did not provide a private right of action by the homeowner if Countrywide and Bank of America did not abide by the judgment. In essence, the only right of enforcement was left to Jerry Brown and the Attorney General's office.
I tried helping many of the people to save their homes through modifications, but Bank of America never followed the terms of the Stipulated Judgment. They demanded tons of documentation, would never provide an answer, and failed to modify the very loans that were the subject of the judgment. When I mentioned the terms of the Judgment to employees of of Bank of America, they had no idea that it even existed. They had the script that they worked from, and that was the end of it. They continued to foreclose on homes, and then resold them at below market value prices, continuing to drive prices down.
Jerry Brown never took any further action to enforce the terms of the Judgment.
Jerry Brown got the publicity he needed to start his new run for Governor of California, and now he needed to appease those who could provide campaign contributions ... the banks who had fresh TARP money.
Jerry Brown states that he is a "seasoned servant of the people of California." The truth is that he is a professional politician who loves nothing better than to spend the taxpayer's money on his pet projects and supporters. California does not need another 4 years of Jerry Brown.
In June, 2008, in his position as Attorney General of California, Jerry Brown filed suit against Countrywide Home Loans and its officers alleging various acts of fraud, predatory lending and deceptive lending practices. The suit alleged (and I know it to be true) that Countrywide would pay incentives to mortgage brokers when they put borrowers into risky adjustable rate mortgages with pre-payment penalties.
Eventually, Countrywide and Bank of America (BofA acquired Countrywide) entered into a Stipulated Judgment whereby Bank of America and Countrywide would voluntarily modify mortgages on specific types of loans without all of the normal mounds of documentation that the lenders required for loan modifications.
The problem with the Judgment was that it did explicitly stated that the judgment did not provide a private right of action by the homeowner if Countrywide and Bank of America did not abide by the judgment. In essence, the only right of enforcement was left to Jerry Brown and the Attorney General's office.
I tried helping many of the people to save their homes through modifications, but Bank of America never followed the terms of the Stipulated Judgment. They demanded tons of documentation, would never provide an answer, and failed to modify the very loans that were the subject of the judgment. When I mentioned the terms of the Judgment to employees of of Bank of America, they had no idea that it even existed. They had the script that they worked from, and that was the end of it. They continued to foreclose on homes, and then resold them at below market value prices, continuing to drive prices down.
Jerry Brown never took any further action to enforce the terms of the Judgment.
Jerry Brown got the publicity he needed to start his new run for Governor of California, and now he needed to appease those who could provide campaign contributions ... the banks who had fresh TARP money.
Jerry Brown states that he is a "seasoned servant of the people of California." The truth is that he is a professional politician who loves nothing better than to spend the taxpayer's money on his pet projects and supporters. California does not need another 4 years of Jerry Brown.
Tuesday, August 10, 2010
Friday, April 2, 2010
Join me in mourning the passing of Jaime Escalante
Who was Jaime Escalante, and why should we mourn his passing? If you know who he was, then you know why we should be mourning. If you do not know, then it is time that you find out and demand that your elected representatives, children, grand children, teachers and school administrators also learn about this remarkable man.
Jaime Escalante was a math teacher in the failing high school, Garfield High, in East Los Angeles in 1981. The school was close to losing its accreditation, and many of the teachers blamed it on the economy and the economic status of the surrounding community. His response was the “Kids will rise to the level of expectation that you set for them.” He went back to his class, which was Math 1-A, and told them that he was going to teach them Algebra. He told them that all they needed was “Ganas” …. DESIRE!
He made them work hard and learn. He took a group of 18 students, made them attend summer school to learn Trigonometry and Math Analysis. Then, during their senior year, he taught them Calculus in preparation for taking the Advanced Placement Exam, which would have entitled the students to college credits. Eighteen took the test in 1982, and all 18 passed.
But wait … the testing organization that monitored the exam suspected that they had cheated, causing an uproar in the school and the community against Mr. Escalante. All of the students agreed to take the exam again, probably a harder version this time, under the supervision of the two investigators of the alleged cheating.
They all passed again. More students passed the AP Calculus Exam that year than any other high school in Southern California. By 1987, there were 87 students passing the AP Calculus Exam from Garfield High School.
This story is chronicled in the movie “Stand and Deliver” which was released in 1988. If you have never seen it, you can rent it on DVD. If you have seen it, then see it again. We as a society have forgotten what education is really about.
Everyone is complaining about a lack of money for education, which is a serious problem. The real problem is lack of discipline and desire to learn. Unfortunately, we do not make education mandatory in the United States, only attendance at classes. Students earn a failing grade, but are given enough to move on to the next level in order for teachers and administrator to look good, and to keep parents of failing students from complaining about how their innocent children are being treated.
Our education system needs to start demanding performance from students, parents, teachers and administrators. It amazes me how a freshman high school class starts with 600 students, but only 400 graduates. Somehow the drop-out rate is mathematically calculated to be “less than 10%.” Whoever establishes these make believe numbers either were in the mortgage banking business before, or were products of our school system. Pressure, and perhaps some penalties, should be assessed against parents who do not maintain proper control over their students.
Teachers must be given more ability to discipline students and administrators must make parents and students accountable for their own results. Furthermore, we should not be having “standardized tests” for students, or having teachers create the exams for the courses they are teaching. The schools system (state and federal) should decide what courses will be required, what books should be used, and the publisher or writer of the books should design the exams that test what was expected to be learned.
Finally, we must recognize that some children were meant to go on to higher education, and some are not. We must be providing some vocational training to those who are not, so that they actually have a reason to go to school and can be productive in their lives. If there is hope in the future, there is power in the present.
For many people, it takes only one or two positive role models to shape their lives in a positive direction. Fortunately, I had some when I was younger, and many of the students of Jaime Escalante were fortunate to have him. Education is the ticket to freedom. Our students can become the true Champions.
Jaime Escalante was a math teacher in the failing high school, Garfield High, in East Los Angeles in 1981. The school was close to losing its accreditation, and many of the teachers blamed it on the economy and the economic status of the surrounding community. His response was the “Kids will rise to the level of expectation that you set for them.” He went back to his class, which was Math 1-A, and told them that he was going to teach them Algebra. He told them that all they needed was “Ganas” …. DESIRE!
He made them work hard and learn. He took a group of 18 students, made them attend summer school to learn Trigonometry and Math Analysis. Then, during their senior year, he taught them Calculus in preparation for taking the Advanced Placement Exam, which would have entitled the students to college credits. Eighteen took the test in 1982, and all 18 passed.
But wait … the testing organization that monitored the exam suspected that they had cheated, causing an uproar in the school and the community against Mr. Escalante. All of the students agreed to take the exam again, probably a harder version this time, under the supervision of the two investigators of the alleged cheating.
They all passed again. More students passed the AP Calculus Exam that year than any other high school in Southern California. By 1987, there were 87 students passing the AP Calculus Exam from Garfield High School.
This story is chronicled in the movie “Stand and Deliver” which was released in 1988. If you have never seen it, you can rent it on DVD. If you have seen it, then see it again. We as a society have forgotten what education is really about.
Everyone is complaining about a lack of money for education, which is a serious problem. The real problem is lack of discipline and desire to learn. Unfortunately, we do not make education mandatory in the United States, only attendance at classes. Students earn a failing grade, but are given enough to move on to the next level in order for teachers and administrator to look good, and to keep parents of failing students from complaining about how their innocent children are being treated.
Our education system needs to start demanding performance from students, parents, teachers and administrators. It amazes me how a freshman high school class starts with 600 students, but only 400 graduates. Somehow the drop-out rate is mathematically calculated to be “less than 10%.” Whoever establishes these make believe numbers either were in the mortgage banking business before, or were products of our school system. Pressure, and perhaps some penalties, should be assessed against parents who do not maintain proper control over their students.
Teachers must be given more ability to discipline students and administrators must make parents and students accountable for their own results. Furthermore, we should not be having “standardized tests” for students, or having teachers create the exams for the courses they are teaching. The schools system (state and federal) should decide what courses will be required, what books should be used, and the publisher or writer of the books should design the exams that test what was expected to be learned.
Finally, we must recognize that some children were meant to go on to higher education, and some are not. We must be providing some vocational training to those who are not, so that they actually have a reason to go to school and can be productive in their lives. If there is hope in the future, there is power in the present.
For many people, it takes only one or two positive role models to shape their lives in a positive direction. Fortunately, I had some when I was younger, and many of the students of Jaime Escalante were fortunate to have him. Education is the ticket to freedom. Our students can become the true Champions.
Saturday, August 8, 2009
How to Fix Education in America
We constantly hear about how the education system has deteriorated in America, especially for those of us in California. Our government, of course, thinks that the cure to the problem (as it thinks is the cure to any problem) is to through more money and bureaucracy at education efforts. Isn’t it funny how our governments do the same thing time after time, and yet expect a different result?
Here are some simple solutions to the education problem, which will also have a dramatic impact on other trouble areas.
1. Everyone becomes an adult at the age of 18 for everything. That means we reduce the drinking age to 18, and raise the driving age to 18! One other provision, however, will be that you cannot obtain a driver’s license until one has received a high school diploma.
The impact will be that a) we will not need parking lots at the high schools for anyone except teachers, b) high school aged people won’t be driving around for fun, and can spend more time studying, c) there will be fewer deaths caused by reckless driving by teenagers, and d) there will be an incentive to stay in school to get their diploma, rather than drop out.
If they do not get their diploma, they cannot obtain a driver’s license until age 21, which means they cannot consume alcohol until that age, or upon obtaining a high school diploma, whichever is earlier.
2. There should be a uniform dress policy in every school until college. Too much emphasis is placed on image and popularity, and not enough on results. If the children want to dress differently after school, and their parents do not have the backbone to maintain some form of discipline in how their children dress, they can do so outside of school hours.
3. Eliminate “Standardized” testing. Our schools are like automobile assembly plants … crank them out as fast as possible. Teachers, many times at the insistence of school administrators, pass kids on to the next level, even though they have not earned that promotion. Teachers make exams simple, so the kids can pass them and not be held back (or damage their fragile self confidence).
The writer and publisher of the textbooks should include exams that are to be used in conjunction with the textbook so that all students are being tested in the same manner, and so the exams actually test to see if the students have absorbed the material that is being presented. If they do not pass, then they repeat the class. Remember … no diploma, no driving.
4. Allow teacher to teach and administrators to administrate the day to day workings of the school. Parents may not interfere with these people as long as they are following all of the rules that are created for all schools. Instead, hold the parents responsible for the conduct of their children, and give the schools more authority to discipline those who require it.
5. Finally, let’s move to a year round school calendar. Coordinate all of the local schools to the same calendar so families can plan vacations, but keep the school year moving with no more than 4 weeks off in any one stretch.
These three simple suggestions will resolve numerous problems in addition to those already mentioned. There will be less truancy, meaning less crime committed by teens. This will ultimately lead to a reduction in other crimes and help reduce the long term prison population. Furthermore, our children will actually become educated and be able to obtain better jobs, and be more productive to our society, which will result in more American initiative and ultimately more tax revenue. We will no longer need to import educated people from India and China to fill the highly skilled jobs.
Our children will rise to the level of expectation that we set for them. Let's raise our level of expectations now!
Here are some simple solutions to the education problem, which will also have a dramatic impact on other trouble areas.
1. Everyone becomes an adult at the age of 18 for everything. That means we reduce the drinking age to 18, and raise the driving age to 18! One other provision, however, will be that you cannot obtain a driver’s license until one has received a high school diploma.
The impact will be that a) we will not need parking lots at the high schools for anyone except teachers, b) high school aged people won’t be driving around for fun, and can spend more time studying, c) there will be fewer deaths caused by reckless driving by teenagers, and d) there will be an incentive to stay in school to get their diploma, rather than drop out.
If they do not get their diploma, they cannot obtain a driver’s license until age 21, which means they cannot consume alcohol until that age, or upon obtaining a high school diploma, whichever is earlier.
2. There should be a uniform dress policy in every school until college. Too much emphasis is placed on image and popularity, and not enough on results. If the children want to dress differently after school, and their parents do not have the backbone to maintain some form of discipline in how their children dress, they can do so outside of school hours.
3. Eliminate “Standardized” testing. Our schools are like automobile assembly plants … crank them out as fast as possible. Teachers, many times at the insistence of school administrators, pass kids on to the next level, even though they have not earned that promotion. Teachers make exams simple, so the kids can pass them and not be held back (or damage their fragile self confidence).
The writer and publisher of the textbooks should include exams that are to be used in conjunction with the textbook so that all students are being tested in the same manner, and so the exams actually test to see if the students have absorbed the material that is being presented. If they do not pass, then they repeat the class. Remember … no diploma, no driving.
4. Allow teacher to teach and administrators to administrate the day to day workings of the school. Parents may not interfere with these people as long as they are following all of the rules that are created for all schools. Instead, hold the parents responsible for the conduct of their children, and give the schools more authority to discipline those who require it.
5. Finally, let’s move to a year round school calendar. Coordinate all of the local schools to the same calendar so families can plan vacations, but keep the school year moving with no more than 4 weeks off in any one stretch.
These three simple suggestions will resolve numerous problems in addition to those already mentioned. There will be less truancy, meaning less crime committed by teens. This will ultimately lead to a reduction in other crimes and help reduce the long term prison population. Furthermore, our children will actually become educated and be able to obtain better jobs, and be more productive to our society, which will result in more American initiative and ultimately more tax revenue. We will no longer need to import educated people from India and China to fill the highly skilled jobs.
Our children will rise to the level of expectation that we set for them. Let's raise our level of expectations now!
Thursday, July 23, 2009
Jerry Brown Rides Away Again
Once again, the illustrious Jerry Brown has grandstanded on behalf of the little people in order to get some headlines, and then turns his back on them while running for governor.
More than a year ago, as attorney general for the state of California, Mr. Brown filed a lawsuit against Countrywide Home Loans and its subsidiaries for its unlawful predatory lending practices, which was shown in great specificity in the complaint that was filed. Countrywide and Bank of America agreed to settle the lawsuit by agreeing to spend $8 billion dollars to modify those predatory loans.
Once that agreement was put into place, Mr. Brown pounded his chest and told everyone who was listening that he brought Countrywide to its knees, and that thousands of people would have their homes saved and the crash in real estate values would end. Countrywide/Bank of America announced their home retention program through which they would address all of these loans.
Fast forward one year, and we discover that foreclosures still take place, the value of property had continued to plummet, and realistic mortgage modifications are few and far between.
I have worked with many victims of these predatory loans, and my experience has been that they either say “You don’t qualify,” or they come up with a “modification” that is meaningless and unworkable. That allows the lenders to say, “Most of the modifications that are made are defaulted on again.”
Furthermore, Countrywide is a small percentage of the problem. Why didn’t Brown sue the others, such as World Savings (now, Wachovia and Wells Fargo) and Washington Mutual (now Chase)? There are dozens of others that continue to use government bailouts, while allowing the victims of these predatory loans to wallow in despair, destitution and continued unemployment.
Oh, I forgot. He needs to concentrate on another run for governor.
More than a year ago, as attorney general for the state of California, Mr. Brown filed a lawsuit against Countrywide Home Loans and its subsidiaries for its unlawful predatory lending practices, which was shown in great specificity in the complaint that was filed. Countrywide and Bank of America agreed to settle the lawsuit by agreeing to spend $8 billion dollars to modify those predatory loans.
Once that agreement was put into place, Mr. Brown pounded his chest and told everyone who was listening that he brought Countrywide to its knees, and that thousands of people would have their homes saved and the crash in real estate values would end. Countrywide/Bank of America announced their home retention program through which they would address all of these loans.
Fast forward one year, and we discover that foreclosures still take place, the value of property had continued to plummet, and realistic mortgage modifications are few and far between.
I have worked with many victims of these predatory loans, and my experience has been that they either say “You don’t qualify,” or they come up with a “modification” that is meaningless and unworkable. That allows the lenders to say, “Most of the modifications that are made are defaulted on again.”
Furthermore, Countrywide is a small percentage of the problem. Why didn’t Brown sue the others, such as World Savings (now, Wachovia and Wells Fargo) and Washington Mutual (now Chase)? There are dozens of others that continue to use government bailouts, while allowing the victims of these predatory loans to wallow in despair, destitution and continued unemployment.
Oh, I forgot. He needs to concentrate on another run for governor.
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