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  • 20
    Sep
    2012
    6:13pm, EDT

    Officials see Iran, not outrage over film, behind cyber attacks on US banks

    By Robert Windrem and Jim Miklaszewski
    NBC News

    National security officials told NBC News that the continuing cyber attacks this week that slowed the websites of JPMorgan Chase and Bank of America are being carried out by the government of Iran. One of those sources said the claim by hackers that the attacks were prompted by the online video mocking the Prophet Muhammad is just a cover story.

    A group of purported hackers in the Middle East has claimed credit for problems at the websites of both banks, citing the online video mocking the founder of Islam. One security source called that statement "a cover" for the Iranian government's operations.

    The attack is described by one source, a former U.S. official familiar with the attacks, as being "significant and ongoing" and looking to cause "functional and significant damage." Also, one source suggested the attacks were in response to U.S. sanctions on Iranian banks.

    The consumer banking website of Bank of America was unavailable to some customers on Tuesday, and JPMorgan Chase on Wednesday had the same problems, which multiple sources linked to a denial-of-service attack, in which a website is bogged down by a large number of requests. A Chase spokesman said Wednesday that the consumer site was intermittently unavailable to some customers, but did not acknowledge then that there was an attack. On Thursday, Chase said slowness continued but was resolved by late afternoon Eastern Time. Bank of America acknowledged on Tuesday that its site had experienced slowness, but would not say what caused it.

    Senior U.S. officials acknowledge that Iranian attacks have been the subject of intense interest by U.S. intelligence for several weeks. Last week, the Joint Chiefs of Staff's Intelligence Directorate, known as J-2, confirmed continuing Iranian cyber attacks against U.S. financial institutions in a report described as "highly classified." The report was posted on internal classified U.S. government sites last Friday, September 14.


    Because of the level of classification, the officials refused to provide or confirm any specifics on these attacks. However, one official noted that Iran's uranium enrichment program had been the target of the STUXNET worm in 2010. The worm was reportedly developed by the U.S. and Israel. "The Iranians are very familiar with the environment,” quipped the official.

     

    A conservative website, FreeBeacon.com, initially reported on the Pentagon analysis, quoting it as saying,  “Iran’s cyber aggression should be viewed as a component, alongside efforts like support for terrorism, to the larger covert war Tehran is waging against the west.” U.S officials did not deny the FreeBeacon report when queried by NBC News.

    A financial services industry group,  the Financial Services Information Sharing and Analysis Center, warned U.S. banks, brokerages and insurers late Wednesday to be on heightened alert for cyber attacks. FS-ISAC also raised its raised the cyber threat level to "high" from "elevated" in an advisory to members, citing "recent credible intelligence regarding the potential" for cyber attacks as its reason for the move.

    The former head of cyber-security for the White House testified Thursday that “we were waiting for something like this from Iran.”  Frank Cilluffo, who served as Special Assistant to the President for Homeland Security under President George W. Bush, is currently an associate vice president at George Washington University and heads the Homeland Security Policy Institute. Cilluffo testified in a previously scheduled appearance before the U.S. House of Representatives’ Committee on Homeland Security, saying “the government of Iran and its terrorist proxies are serious concerns in the cyber context. What Iran may lack in capability, it makes up for in intent.  They do not need highly sophisticated capabilities—just intent and cash—as there exists an arms bazaar of cyber weapons, allowing Iran to buy or rent the tools they need or seek.”


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    The statement by the purported Muslim hackers, posted on Tuesday on Pastebin, an online bulletin board, reads in full: "In the name of Allah the companionate the merciful. My soul is devoted to you Dear Prophet of Allah. Dear Muslim youths, Muslims Nations and are noblemen. When Arab nations rose against their corrupt regimes (those who support Zionist regime) at the other hand when, Crucify infidels are terrified and they are no more supporting human rights. United States of America with the help of Zionist Regime made a Sacrilegious movie insulting all the religions not only Islam. All the Muslims worldwide must unify and Stand against the action, Muslims must do whatever is necessary to stop spreading this movie. We will attack them for this insult with all we have. All the Muslim youths who are active in the Cyber world will attack to American and Zionist Web bases as much as needed such that they say that they are sorry about that insult. We, Cyber fighters of Izz ad-din Al qassam will attack the Bank of America and New York Stock Exchange for the first step. These Targets are properties of American-Zionist Capitalists. This attack will be started today at 2 pm. GMT. This attack will continue till the Erasing of that nasty movie. Beware this attack can vary in type. Down with modern infidels. Allah is the Greatest. Allah is the Greatest."

    There was no report of an attack on the New York Stock Exchange.

    Also on Thursday, the U.S. disclosed that it has  bought $70,000 worth of air time on seven Pakistani television channels to air an ad which shows President Barack Obama and Secretary of State Hillary Clinton denouncing the anti-Islamic video. In the ad, President Obama says, "Since our founding the United States has been a nation that respects all faiths. We reject all efforts to denigrate religious beliefs of others." Clinton appears after Obama and says, "Let me state very clearly that the United States has absolutely nothing to do with this video. We absolutely reject its contents. America's commitment to religious tolerance goes back to the very beginning of our nation."

    Pakistan was added Wednesday to the State Department's list of countries to which Americans should avoid travel, joining Lebanon and Tunisia, following protests across the Middle East and North Africa and the attack on the U.S. consulate in Benghazi, Libya, in which American Ambassador Chris Stevens was killed. 

    Robert Windrem is a senior investigative correspondent for NBC News. Jim  Miklaszewski is the chief Pentagon correspondent for NBC News. Patti Domm, executive news editor at CNBC and CNBC.com, contributed to this report.

    Analysis: 'Manufactured outrage' behind Middle East protests

    Click here to receive a Top News email each day from NBC News.

    Slideshow: Anger over film spreads throughout Muslim world

    Protests ignited by a controversial film that ridicules Islam's Prophet Muhammad spread throughout Muslim world.

    Launch slideshow

     

    More world stories from NBC News:

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    French officials are preparing for a potential violent backlash as a satirical magazine defends its decision to publish cartoons mocking the Prophet Muhammad. NBC's Michelle Kosinski reports.

     

    400 comments

    Gotta love the photo of the Jihadists who "hate America" running around in Nikes.

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  • 2
    Sep
    2012
    2:05pm, EDT

    Hundreds take part in 'March on Wall Street South' in Charlotte, NC

    Chuck Burton / AP

    Demonstrators gather at Frazier Park at the start of a protest march Sunday in Charlotte, N.C.

    By NBC News staff

    Updated at 6:18 p.m. ET: About 800 people chanting and carrying signs (among them, "Banks got bailed out. We got sold out") marched Sunday through the central business district in Charlotte, N.C., ahead of the Democratic National Convention to protest what they said was seedy corporate influence on politics.

    The protesters, who came from across the country, gathered at Frazier Park for a round of speeches before starting the march. They were from a coalition of more than 80 local and national groups. Media packets declared the group's mission as "building peoples' power during the DNC.

    Demonstrators had signs indicating that some were union workers, anti-war veterans and undocumented immigrants. 


    "Capitalism is holding back the human race," one sign read. "Bail out people, not banks," another sign said.

    Hundreds of chanting protesters march through uptown Charlotte, N.C., ahead of the Democratic National Convention. WCNC reports.

    The protest route was to take them past the corporate headquarters of Bank of America and a major office hub for Wells Fargo – financial institutions that some see as symbols of foreclosures and federal bailouts. Protesters also planned a stop at the headquarters of Duke Energy, the nation’s largest utility.

    Duke has been criticized for investing in nuclear energy and using coal, according to the Charlotte Observer. Protesters have asked the company to focus on wind and solar power, which emit less carbon into the atmosphere. Duke, in defense, says it aims to retire its older coal plants.

    Uniformed police officers on bicycles and on foot kept a close eye on the marchers. At least two people were arrested -- one for wearing a mask and carrying a concealed knife, and another for assaulting a government official, disorderly conduct and resisting arrest, the Observer reported.

    Ray Suarez, of PBS NewsHour, tweeted, "Just watched Occupy et. al. march through Charlotte, who were in turn watched by enough cops to invade a small country."

    Before the main event began, a small press conference was held highlighting a woman, Sylvia Sanchez, who says she must pay $20,000 to Bank of America by Sept. 14 to avoid foreclosure on a home she's owned for 12 years. The woman, whose daughter is suffering from a brain condition called hydrocephalus, said she is in debt after having retrofitted the home with wheelchair ramps.

    In interviews with NBC News, rank-and file-activists cited different reasons for coming.

    Kendall Hale, a massage therapist and Obama campaign volunteer from Asheville, N.C., said that climate change was among her concerns.

    "The era of compromise may not be working so well," Hale said. She urged President Obama to "forge ahead with the issues [he's] speaking about so eloquently."

    Andie Marion, a college student also from the Asheville area, said her chief concern was "money in politics."

    "The amount of corporate power that influences a lot of the politics I think is really huge," she said.

    On the sidelines, Sunday's protest in Charlotte triggered a conversation about where the Occupy movement is headed. 

    Todd Gitlin, who wrote Letters to a Young Activist and Occupy Nation: The Roots, the Spirit, and the promise of Occupy Wall Street, told NPR: "The initial wave moved its metaphors into the household conversation and shaped politics. But I think they essentially reached the limits of what they could achieve. Now there's a sorting process."

    The Democratic National Convention opens Tuesday in Charlotte's Time Warner Cable Arena. President Barack Obama will be nominated for a new term on Wednesday. He will deliver his acceptance speech Thursday night at the outdoor Bank of America Stadium.

    The convention starts less than a week after Republicans gathered in Tampa, Fla., to nominate Mitt Romney as the party's presidential candidate.

    NBC's Jamie Novogrod and Mark Potter and contributed to this report.

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    903 comments

    Don't protest corporate involvement in the Republican and Democratic races. It's a waste of time. Vote for someone else instead! If you elect a corporate tool to the White House, you've only yourself to blame.

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    Explore related topics: protest, banks, charlotte, democratic-national-convention, march-on-wall-street-south
  • 21
    Jun
    2012
    6:25am, EDT

    Fee disputes: New consumer data hint at the stingiest, most generous banks

    By Bob Sullivan, Columnist, NBC News

    Which bank is the stingiest at handing out refunds to consumers who complain?  Wouldn't you like to know?

    This story offers some insight into the first question, based on complaints filed with the Consumer Financial Protection Bureau during the past year.

    This week, the bureau began offering consumers the chance to look into its massive database of complaints -- albeit in limited fashion. Only complaints filed since about June 1 – or 173 of the total of 42,000 -- are currently available for public viewing at the agency's website.

    But msnbc.com obtained the full database of complaints under a Freedom of Information Act request and has done some crunching of the numbers. 


    The data on the bureau's website were limited, in part, because the agency is still tinkering with the way it logs complaints.  It has several times refined the way it describes complaint resolution, for example. That means data codified under the old system are of limited value to researchers, and to the public.

    Still, with 42,000 entries, there are things to learn from the data.  For now, we're focusing on resolution involving consumers who complained they were hit with an unfair fee. There are 1,458 such complaints in the data.  Most of these complaints involved credit card accounts (a few involve student loans). 

    Squeaky wheel
    Of these fee-related complaints, 204 were labeled "closed without relief," meaning the bank gave no monetary compensation to the complainer, and another 45 were labeled "no resolution provided," for a total of 17 percent.  On the other hand, 424 were "closed with relief," and another 365 cases were designated "full resolution provided" – a winning percentage of 51 percent.  That shows the value of being a squeaky wheel, at least when it comes to fees. 

    Various other designations, such as "misdirected," or "In progress" round out the results.

    When considering data like this, it's of little use to count up totals and compare. It should be no surprise that really large banks like Bank of America attracted more complaints than medium-sized institutions like PNC Bank, for example.  But in the case of relief granted, a percentage of success or failure by consumers offers a little more information.

    It turns out the J.P. Morgan Chase customers who complained were turned down least often among the 10 banks with the most fee-related complaints -- only about 10 percent were rejected, and conversely, 83 percent were granted relief and/or resolution.  GE Capital customers actually did a little better on the relief side, with 85 percent winning. Barclays, Capital One and Bank of America customers all got some kind of relief more than 70 percent of the time.

    On the other side other side of the spectrum, US Bank customers fared the worst. Only 40 percent got relief; the same percentage were rejected by the bank (the data doesn't say what happened to the middle 20 percent). Also faring badly -- Citibank, Discover and American Express customers, who were rejected more than 25 percent of the time.  Capital One customers, despite their 70 percent success rate, were rejected 25 percent of the time.

    *Follow Bob Sullivan on Facebook.
    *Follow Bob Sullivan on Twitter.  

    These results should be taken with a huge grain of salt. At this level of granularity the sample size is quite small -- with some banks, there were fewer than 50 fee-related complaints.  And the banking industry has valid concerns about the accuracy of the complaints. Nessa Feddis, spokeswoman for the American Bankers Association, correctly points out that a bank that has a particularly effective internal complaint resolution program could be wrongly portrayed as a bad actor by the CFPB data. 

    "Maybe internally they have a 99 percent success rate and the only people who file with the bureau don't have a legitimate complaint, and that bank might look worst," she said.  "It would skew the percentages."

    She also said banks with high “no relief” scores could simply be “(getting) it right the first time” when it comes to billing issues.

    Feddis also complained more broadly about the idea that consumer complaints were being released to the public without vetting by a bureau official for legitimacy.

    New consumer agency launches tell-all website

    "Some people file complaints about a fee that they understood and agreed to and simply don’t want to pay, or they misremember,” she said. “There is simply no way to tell whether the complaint is valid or reasonable and the issuer doesn’t get to provide its side of the story. Hardly American due process."

    Msnbc.com chose fee-related complaints for a reason. The chief criticism of the CFPB complaint database by the banking industry has surrounded the various designations for resolution. Initially, only consumers who received monetary compensation were designated as having obtained relief. When the banking industry complained that banks often offer non-monetary relief -- such as taking steps to improve a consumer’s credit score -- the bureau agreed and changed its coding system.

    Fee-related complaints, however, offer a more clear data point for inspection: Consumers complaining about late fees, cash advance fees and balance transfer fees generally either get their money back, or they don't.  By limiting this analysis to fee-related complaints, the resolution data is still informative, with this caveat, provided on background by a person familiar with how the bureau’s database works:  A small percentage of consumers who were granted a fee waiver – as opposed to a refund – by their credit card issuer may have had their complaints coded as “without relief.”  The person said the number of entries impacted by that distinction wouldn’t skew the overall results.

    Jen Howard, spokeswoman for the bureau, said it wouldn't comment on the msnbc.com results.

    Here’s the top 10 list of most generous and most stingy banks, presented with the above caveats: 

    Granted fee relief

    1

    GE Capital

    85%

    2

    J.P M. Chase

    83%

    3

    Barclays

    78%

    4

    Wells Fargo

    72%

    5

    Capital One

    70%

    6

    Bank of America

    70%

    7

    Citi

    66%

    8

    Discover

    60%

    9

    Amex

    53%

    10

    USBank

    41%

    Denied fee relief

    1

    J.P. M. Chase

    10%

    2

    Barclays

    10%

    3

    GE Capital

    12%

    4

    Bank of America

    18%

    5

    Wells Fargo

    22%

    6

    Capital One

    25%

    7

    Citi

    25%

    8

    Discover

    27%

    9

    Amex

    31%

    10

    USBank

    41%

     

     

    Comment

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  • 10
    May
    2012
    5:51pm, EDT

    JPMorgan discloses $2B in losses in 'flawed' hedging strategy

    Christopher Whalen, Tangent Capital Partners, discusses what impact JPMorgan's $2 billion trading loss means for other financials.

    By Martin Wolk, NBC News

    JPMorgan Chase, the nation's largest bank, said Thursday it has lost $2 billion in a complex hedging strategy over the past six weeks and could lose more.

    In a conference call to analysts and investors, CEO Jamie Dimon said the 'flawed' hedging strategy was "poorly constructed, poorly reviewed, poorly executed, and poorly monitored."

    As a result, the bank expects to lose $800 million in its corporate segment this quarter, compared with previous estimates that the segment would post $200 million in profit. Some of the hedging losses were offset by taking $1 billion in previously unrealized gains from the bank's portfolio.


    Finbarr O'Reilly / Reuters, file

    Workers erect a sign for JPMorgan Chase in London.

    "The portfolio has proved to be riskier, more volatile and less effective as an economic hedge than we thought," Dimon said in the call, which was monitored by msnbc.com. "There were many errors, sloppiness and bad judgment."

    The company's shares plunged more than 6 percent in late electronic trading after the loss was announced. Other bank stocks, including Citigroup and Bank of America suffered heavy losses as well.

    Dimon said the bank suffered losses as a result of a strategy to hedge against global credit risk. He declined to specify further.

    He said the bank is working through the problems but expects continued volatility, and losses could grow.

    "Hopefully this will not be an issue by the end of the year," he said.

    He said some of the losses were a result of the volatile market environment. Markets have been roiled recently by concerns over Europe, which has slipped back into recession.

    The losses are still a relatively small amount compared to the approximately $200 billion portfolio managed by the company's chief investment office, where the hedging strategy was executed.

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    399 comments

    JPMorgan Chase, the nation's largest bank, said Thursday it has lost $2 billion in a complex hedging strategy over the past six weeks and could lose more. In a conference call to analysts and investors, CEO Jamie Dimon said the 'flawed' hedging strategy was "poorly constructed, poorly reviewed, poo …

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    Explore related topics: banks, jpmorgan, featured
  • 12
    Mar
    2012
    7:16am, EDT

    Homeowners battle banks to stop foreclosures ... and win

    Steven Bridges for msnbc.com

    Jewel and Jack Miser stand in front of their home in Sweetwater, Tenn. After trying for more than a year to modify their loan, they won a settlement in court that cut their monthly payment by about 15 percent.

    By John W. Schoen, NBC News

    Revenge can be sweet. It can be even sweeter when you use your enemy’s own weapons to extract vengeance.

    Six years into the worst wave of foreclosures since the Great Depression, shoddy underwriting and legal shortcuts are coming back to haunt mortgage lenders. Homeowners, sick of being pushed around by the banks, are fighting back, sometimes with David and Goliath results.

    In 2008, Jewel Miser and her husband Jack began trying to get Bank of America to modify their mortgage when Jack lost his job after a local auto parts factory closed.

    “We were just a month behind then,” said Jewel. “But I tried every way in the world. And they just put me off and gave me excuses.”

    After more than a year of dead ends and red tape, the Sweetwater, Tenn., couple found a lawyer who successfully challenged the shaky paper trail on which the lender relied on to prove it owned the Miser's note. In the resulting settlement, the bank agreed to new loan terms that cut the Miser’s monthly payments by roughly 15 percent, paid their legal fees and stopped the foreclosure.

    "I did not want to lose my home," Jewel said. "We had done so much work to it. When you find a home and know it's your home you don't want to lose it. I tried every way in the world."

    The Misers and other homeowners who are fighting back in court are using the legal quagmire created by the mortgage lending industry to win loan modifications that lenders have been unwilling or unable to extend voluntarily.

    When these homeowners get to court, they find a laundry list of shoddy practices that undercut lenders’ legal claim to foreclose, say consumer attorneys who have pursued these cases. Many cases are tainted by “robo-signers” who failed to properly review files, despite swearing under oath they had done so. Other title claims are undone by improper accounting, including unwarranted fees, and payments that were not credited.

    Consumer attorneys also are attacking lenders’ effort to paper over missing links in the chain of documents required to prove that a bank owns a loan and has the right to foreclose. Some of those defective paper trails date to the sloppy underwriting that accompanied the frenzy of mortgage lending in the 2000s, when hundreds of now-defunct lenders churned out a blizzard of notes that were instantly offloaded to investors.

    “There are more (homeowner) claims because lenders operated in flagrant disregard of the law,” said Diana Thompson, a veteran consumer attorney with the National Consumer Law Center. “You only have a claim against the lender if the lender didn't do what they were supposed to do.”

    Lenders' disregard for the law is still rampant, according to consumer advocates and regulators. Last month, a survey of 260 consumer attorneys in 45 states by the NCLC found that thousands of homeowners were improperly foreclosed on in just the past year. In more than 80 percent of the cases, the lender scheduled a foreclosure sale while processing a loan modification. In four out of five cases, the attorneys reported, lenders failed to properly credit payments or wrongly claimed homeowners owed bogus fees.

    An audit by the San Francisco assessor’s office last month found lenders routinely broke the law in some 400 foreclosure cases over the past three years. Last April, the nation's top two bank regulators, the Federal Reserve and the Office of the Controller of the Currency, reviewed the foreclosure and loan modification practices and found a litany of "deficiencies and weaknesses" that "represent unsafe or unsound practices and violations of applicable law."

    Though 49 state attorneys general have settled a sweeping complaint covering a long list of fraudulent and deceptive foreclosure practices, a handful of states are pursuing lawsuits against the mortgage industry. New York Attorney General Eric Schneiderman, named to a federal task force to investigate mortgage fraud, has charged lenders with deceptive and fraudulent foreclosure filings based on a national mortgage electronic registry system, known as MERS. The lawsuit claims that Bank of America, J.P. Morgan Chase and Wells Fargo, “have repeatedly submitted court documents containing false and misleading information that made it appear that the foreclosing party had the authority to bring a case when in fact it may not have.”

    Rachel Maddow describes the protest movement to help people resist foreclosure and stay in their homes, and shares video of their unique tactic of singing to interrupt foreclosure auctions.

    Regulators how vowed to crack down on these practices. Lenders say they are correcting them. 

    "In 2010, we reviewed our processes and procedures and put in place a number of improvements and worked with our regulators," said Jumana Bauwens, a Bank of America spokeswoman. "And we continue to improve our processes and procedures."

    But lenders still have more work to do, according to consumer attorneys, judges and mortgage industry professionals. Until reforms are widely adopted, it has fallen to homeowners and their attorneys to try to see that the law is enforced.

    Loan modification
    Borrowers have been taking their disputes with lenders to court for decades. The latest efforts, though, have been sparked by rising frustration with other means of trying to get a loan modified, say consumer attorneys. Early in the mortgage crisis, millions of homeowners, encouraged by the industry, tried working directly with lenders.

    A succession of government-sponsored programs aimed at providing mortgage relief to millions of borrowers have fallen far short of promises.

    "They (lenders) advertised all the time: 'If you want get your mortgage modified all you have to do is call,'” said Jewel Miser. "I called about 100 times. Each time they would tell me different things or that it was 'in process' - but they weren't doing anything."

    In its review, the OCC also cited widespread failings of lenders’ "voluntary" mortgage relief efforts. The government’s highly-touted Home Affordable Modification Program (HAMP) has badly underperformed expectations, according to housing advocates and counselors working with homeowners, largely because the decision to modify a loan still rests entirely with the lender.

    Bauwens, the Bank of America spokeswoman, said that since the Misers applied for their loan modification, the process has been streamlined and reviews and decisions are now made much more quickly. 

    "We are in a very much better position to be able to respond to customers modifications in a much more timely manner," she said.

    But consumer attorneys said that, in some cases, homeowners are being denied modifications that should have been made under government guidelines.

    “Because of the government’s failure to enforce HAMP and failure to hold (lenders) accountable, in many cases in order to get a HAMP modification for which they are complete qualified, homeowners have to hire an attorney and sue their lender,” said Thompson of the NCLC.

    That often means a trip to bankruptcy court for a Chapter 13 proceeding, which allows people with a regular income to adjust their debt. Once in court, a foreclosure is typically halted automatically, placing the burden on the lender to have the process re-instated. That forces the lender to prove it owns the mortgage and to account fully for any disputed back payments. When the lender is unable to do so, consumer lawyers say, it is more likely to agree to settle by modifying the loan terms, often by simply lowering the interest charged to current market rates.

    Lenders rarely forgive principal, even on homes that are deep underwater, say consumer attorneys. But while bankruptcy law prevents a judge from writing down the primary mortgage on residential property, other loans don’t enjoy that protection.

    That means judges often are able to force lenders to take deep losses on second and third mortgages, said Raffi Tal, who advises homeowners facing foreclosure at Los Angeles-based Peak Corporate Network. “That by itself is a great advantage to borrowers who can afford to make the first mortgage payment - just by canceling the second (mortgage).”

    Some bankruptcy courts, including the Southern District of New York, have established special procedures to speed loan modification negotiations between homeowners and lenders.

    But it hasn’t been easy.

    Consumer attorneys often are outgunned by big banks. Though more than six million households are either delinquent or in foreclosure, there are fewer than 500 consumer attorneys nationwide who specialize in suing to stop foreclosures, according to the NCLC’s Thompson. As demand for legal help has risen, more lawyers have shifted the focus of their practice to fighting foreclosures. That can include attending seminars focused on the legal arguments used to successfully challenge lenders in court.

    For the past six year, Max Gardner has been running "boot camps" out of his Shelby, N.C., farmhouse, training consumer attorneys from across the country in the finer points of turning the mortgage mess to their clients’ advantage. More recently, Gardner has been taking these seminars on the road.

    On a recent visit to New York, Gardner summoned several dozen lawyers, mortgage industry veterans and a handful of reporters to an intensive weekend crash course in a grab bag of legal strategies. It included a tour deep into the weeds of the Uniform Commercial Code, a subject that has been known to put law students to sleep. Once trained, the more than 200 boot camp alumni in 39 states communicate via listserv, swapping tips and sharing legal opinions that help them build arguments to stop the next foreclosure.

    Though they’ve won case-by-case victories for individual homeowners, consumer attorneys such as Gardner say regulators continue to turn a blind eye to improper and illegal foreclosures. The industry has been able to keep regulators at bay, he said, by effectively managing public opinion about its role in the foreclosure crisis.

    “I think they've done pretty good job - on the other side - of getting across the message that these are just a bunch of deadbeats trying to get a free home,” he said. “And that these (wrongful foreclosures) are just the result of technical problems.”

    “So let’s just forget about the system of justice, due process and the rules of evidence and everything else. They’re just glitches. They don't mean much,” he said sarcastically.

    For borrowers, those glitches can mean the difference between homelessness and holding onto their house. For lenders, the process of fixing those errors can prove costly. Once challenged in court, some lenders decide it's cheaper to settle the case and move on to the next foreclosure waiting in the pipeline.

    “I have quite a few cases where the banks just walked away from the foreclosure litigation and either dismissed the action formally or just abandoned the litigation,” said April Charney, a staff attorney with Jacksonville Area Legal Aid, who has defended hundreds of Florida homeowners facing foreclosure since the market crashed in 2006.   

    Homeowner victories in court go largely unreported, however. In some cases, lenders demand borrowers keep quiet as a condition of stopping the foreclosure and settling the case. Other borrowers feel intimidated, say consumer lawyers, fearing the lender could find a reason to restart the foreclosure process again.

    “Unless the loan is paid off, there’s always the risk of further fighting,” said Thompson. “And you just don't want to have the (lender) have a reason to be looking over your client’s payment records with a fine tooth comb.”

    Up host Chris Hayes pivots the conversation from the foreclosure crisis plaguing Detroit, to the future of suburban housing communities and how architecture may play a role. Architect Michael Bell joins Up to discuss this shift, and his installation in New York's Museum of Modern Art that addresses "rehousing the American dream."

     

    542 comments

    With all of these examples of fraud committed by the banks why are we 4 years into a depression and the "Justice" Department hasn't held anyone accountable? It should not be up to the individual home owner to force the banks to obey the law.

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  • 22
    Nov
    2011
    8:51am, EST

    Cash-strapped cities, schools say: 'Your Ad Here'

    Robert Ray / AP

    A pedestrian walks across a bridge along the Chicago River in downtown Chicago past a bridge house with a Bank of America advertising banner. The advertisements installed this month are turning heads and reviving a debate over how governments around the world raise money in tough economic times.

    By Carla K. Johnson, Robert Ray, The Associated Press

     Seven vinyl banners draped this month along one of Chicago's most iconic bridges, advertisements some have dubbed "a visual crime" and "commercial graffiti," are reviving a debate about how governments raise money in tough economic times.

    In the aftermath of the Great Recession, a public school district in Colorado is selling ads on report cards and Utah has a new law allowing ads on school buses. Chicago Mayor Rahm Emanuel's administration, straining to fill a $600 million budget hole, is looking to raise $25 million from ads on city property — including bridges, electrical storage boxes and garbage cans.

    The effort kicked off this month with Bank of America ads on the 81-year-old Wabash Avenue Bridge, which crosses the Chicago River and has appeared in movies including "About Last Night" and "The Dark Knight."

    "I think it's disgusting," Chicago resident Linda Rosenthal said recently, shaking her head as she surveyed the signs. "The architecture in Chicago is stunning. To see this awful advertisement angers me."

    The white ads with blue lettering and Bank of America's logo are posted on limestone bridge tender houses, which hold the equipment used to raise the bridge when tall boats pass beneath. Bank of America paid $4,500 to put seven signs on the bridge for about a month, said city spokeswoman Kathleen Strand.

    Strand promised the city's new campaign will have "policies to protect the integrity of Chicago's facade" and likened the initiative to the Chicago Transit Authority bringing in about $20 million annually from abundant ads on buses and elevated trains that don't seem to anger anybody.

    "The municipal marketing strategy is really about pursuing innovative opportunities to avoid having to cut city services or increase the tax burden on Chicagoans," Strand said.

    Still, some ask where the line will be drawn. Could the city's historic Water Tower be next? Or Grant Park's famed Buckingham Fountain?

    The city's two major daily newspapers have faced off with opposing views. Chicago Tribune architecture critic Blair Kamin called the bridge ads "a visual crime" and "a grotesque cheapening of the public realm." A Chicago Sun-Times editorial said the ads, while unappealing, "beat going bust."

    Bank of America spokeswoman Diane Wagner said the company said yes when Chicago officials asked if the bank wanted to advertise on the bridge because it's a major employer and philanthropic supporter in the city.

    "We agreed to be the first company to display on the bridge because we want to help the city explore new revenue sources and we think this is an innovative way to generate new revenue," Wagner said.

    Was it a smart move?
    Chicago advertising professionals doubt it was a smart move for either side.

    "I have made my living in advertising, but there has to be better ways to raise money," said Tim Terchek, executive creative director of the Drucker Group ad firm. What's more, the bridge ads could backfire if public disgust sticks to the bank, he said.

    Leo Burnett Company's chief strategy officer Stephen Hahn-Griffiths overlooks the bridge ads altogether.

    "It's like commercial graffiti," Hahn-Griffiths said. "It makes no sense from a marketing perspective and I question the intent of doing this because it does not seem like a smart decision."

    Former Milwaukee Mayor John Norquist, president and CEO of the Chicago-based Congress for the New Urbanism, suggested the city could instead rent out spaces like the City Hall lobby or library and cultural center theaters for weddings and other events.

    "Placing advertising on a city's architectural assets takes away from the public realm," Norquist said.

    Some officials across the country, and the world, disagree.

    In Rome, an Italian shoe company founder has pledged to foot $34 million to restore the Colosseum — the ancient arena blackened by pollution — and its founder has said the gesture could launch more private sponsorship for public benefit in Italy. In Venice, Mayor Giorgio Orsoni defended the use of publicity on restoration of such projects as the famed Doges Palace, saying sponsors' contribution allowed the work to be accelerated.

    But Venice also has strict rules on the use of advertisements. Only 10 percent of an exposed facade can be covered, and ads for cigarettes, alcohol and those featuring nudity are banned.

    Back in the U.S., a suburban Salt Lake City school district plans to be Utah's first to plaster its buses with advertisements in an effort to generate additional revenue without raising taxes. While the ad revenue is expected to supplement the Jordan School District's budget, officials said it won't be enough to make up for the recent budget cuts.

    It's a similar story in Golden, Colo., where Jefferson County Public Schools' report cards now feature ads for the CollegeInvest college savings program. The ads raise $30,000 a year.

    "Parents understand where we are at with the funding issues and most of the reaction has been positive," said school district spokeswoman Lorie Gillis.

    Retiree Jim Phillips, who leads free tours of Chicago's bridges, challenged the city to channel public curiosity about the structures into money-making ventures, such as charging tourists to see the bridge houses' inner workings.

    "If it gets to the point advertisements go on more of these historic structures, I don't think there's any way to stop them on others," Phillips said. "What if you put a NASCAR suit on the Picasso? What if you slapped a Google sign on one of the lions at the Art Institute?"

    11 comments

    They'll still go stone cold bankrupt, due to their public debt ponzi schemes, but for a while they'll have a little more money to funnel to their corporate cronies and consultants.

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