How We Work with Foreclosees

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6/13/12

BECOMING A FORECLOSURE FIGHTER
WITH SF ACCE AND/OR OCCUPY BERNAL

GETTING ASSISTANCE BEATING FORECLOSURE, PROPERTY AUCTION, AND
EVICTION

WINNING AN AFFORDABLE LOAN MODIFIICATION

Here’s what we tend to do to help someone in foreclosure – but is still short of property auction or post-auction eviction – who might become foreclosure fighter, if they’re loan is with Wells Fargo. If they are with another bank, SF ACCE may also have the ability to also help them engage in direct negotiations with someone with power at their lender – B of A, Chase, Aurora, for example. SF ACCE has also helped people fight evictions, and reclaim their homes after an eviction. But those fights are not discussed in this memo.

A. Help them get hooked up with a nonprofit HUD-certified counselor, who can:

1) submit their loan modification request, once the counselor has a 3 rd party
authorization, and some financial info;

2) engage in conversation with the lender to help them get a modification;

3) help them figure out if they have the income to qualify to a loan modification with their current income; need to increase his income, or need a principal reduction to modify; and

4) help them get their auction date postponed, find out if it actually is postponed, and until when.

I have attached my roster which has the contact names and info at the two nonprofit counselors we use – MEDA and SFHDC – as well as some other useful folks. MEDA recently told Grace that they are no longer accepting clients, but Ed Donaldson at SFHDC available. MEDA has bilingual staff.

B. Help them into “escalated” review under the WF CEO’s office. Up until now, that has virtually guaranteed that WF will postpone their auctions date/s until the end of that review, although we often don’t find out that one has been postponed until the day before or even the morning of. Getting them connected with Pelosi’s Office and her staffer Alex Lazar should do get them into this escalated process, as well as get him a single point of staff contact in the CEO’s office. This assistance also requires a 3rd party authorization form, for Pelosi’s Office and becoming a counseling client.

C. Help them get onto the Mayor’s Office/staffer Jeff Buckley’s list of cases which he is pursuing individually with the lenders. This assistance also requires a 3rd party authorization form for the Mayor’s Office, and becoming a counseling client.

I have attached 3rd party authorization forms for SFHDC, Pelosi and the Mayor. This form authorizes a 3rd party to engage in conversation with the lender about his modification request, and their case in general. Someone who receives 3 rd party authorization has no power to make decisions on a loan modification request. The foreclosee reserves that right entirely for themselves.

D. Help them get into an ongoing conversation with that single point of contact at Wells Fargo.

E. If and when they receive a trustee’s notice of property auction, in addition to helping them get it postponed and/or blocking it, we need to help them track when it is scheduled to occur.

A lender carries out a property auction through a trustee. The trustee is required to make only a single public notice, with the SF Recorder/Assessor’s Office, of an auction date – the first date when they can carry out an auction. They are not required to report any subsequent changes in that date. OB and SF ACCE have paid for access to a data base that purports to report rescheduled auctions, but sometimes it is faulty and/or takes a few days to report the new date. Even a verbal statement by a lender’s staff person that they have postponed the auction date is sometimes not accurate. The best way that we have found to track an auction date is through the phone number and/or website contained in the trustees notice of the initial auction date.

F. Finally, how do you see if the foreclosee will become/help a person become a foreclosure fighter?

Becoming a foreclosure fighter helps a person: 1) save their own home in foreclosure, AND 2) win reforms and ideally permanent structural changes in the current predatory, unfair and largely racist foreclosure system. We aren’t counselors. We are leaders in fighting organizations. With our current power, we can’t help everyone who is in foreclosure. We can help individual foreclosees, if they fight. We can only win the complete restructuring of the foreclosure system by organizing and building the power to win on individual cases, and reforms of the foreclosure system – like a moratorium, or the postponement of auctions or evictions, or the reoccupation of homes form which folks have been evicted. It is only by fighting with power that we can change the entire foreclosure system into one that is fair, just and non-discriminatory.

We can only win if the people in foreclosure step up and fight for themselves, and other people in the same fix that they are in. We must help them become leaders in the fight. And it is only by them become the face and voice of the fight to end the foreclosure crisis that the lenders, the public, and potential allies like the Board of Supervisors and the Mayor will ever understand who is being hurt by foreclosure, and what it is doing to our communities.

So, sadly, we must pick and choose with whom we will work. We will work with them if they fight, and become active members in and leaders of our organizations. In developing foreclosees into foreclosure fighters, we are not hurting their ability to win their individual cases. Only 13% of the foreclosees who work with an SF HUD certified nonprofit counselor “escape” foreclosure by attaining a loan modification or some other settlement. The counselors tell foreclosees that they will increases their chances of winning if they: 1) fight back, and 2) join an organization like Occupy Bernal and SF ACCE. Lenders pay at least some attention to foreclosure fighters because they want them – and their organizations – to go away! As you can see, the small changes we have won, and the process above, has helped individual foreclosees help themselves.

SF ACCE has helped foreclosure fighters win loan modifications, even for ones that lenders have evicted from their homes. OB has helped foreclosure fighters win modifications, but so far only for people who had the income to qualify anyway.

We must test the folks that we try to help. Tell them straight up that we can’t “save” them, but we will help them fight back. And that we want them to become foreclosure fighters. Tell them what we mean by that term. Give them opportunities to do so. Invite them to the next meeting of our organizations. Ask and train them to speak to their neighbors; the media; elected officials; and representatives of the lenders. Give them the opportunity to participate in the planning of actions against the lenders, and active roles in those actions.

Attachments: Buck’s roster; 3rd party authorization forms for SFHDC, Mayor and
Pelosi’s Offices.

By Buck Bagot – 415/385-0389 OR BUCKB@DEVINEGONG.COM.

For more information, go to www.occupybernal.org, www.calorganize.org, or
www.occupytheauctions.org.

Excelsior ACCE Action Urges End to Foreclosures, Divestment from Banks in San Francisco’s Mission Neighborhood

On June 6, 2012, the Association of Californians for Community Empowerment (ACCE) Excelsior chapter protested three bank branches in the Mission neighborhood of San Francisco. Bank of America closed their doors and locked patrons inside for about 20 minutes. Protestors also visited Wells Fargo and JP Morgan Chase, urged banks to stop foreclosures and evictions, and urged bank customers to divest from banks and switch to credit unions. Occupy Bernal and Occupy SF organizers joined ACCE for the protest.

ALERT: Stop the Auction of Alberto Del Rio’s Home!

Update: A large number of folks turned out to stop the auction of the home of Bernal neighbor Alberto del Rio and his family. Fortunately, his family managed to file bankruptcy in time to postpone the auction of his home until July 6, 2012. For more details, see the video below and a further description and photos here


Link: PDF (for printing)

 STOP THE AUCTION of ALBERTO DEL RIO’S HOME!

ON FRIDAY, June 1, 1:45pm at CITY HALL (Van Ness side)

 Together we can stop predatory banks and help our neighbors!

In the past few months we’ve stalled/stopped dozens of home auctions.

 Alberto Del Rio is a Bernal Heights resident who grew up in his family home. He lives there with his wife and 3 kids. To help his mother have a decent retirement, the Del Rio family took equity out of the home and refinanced. But their loan from World Savings was a Pick-a-Payment loan. Lawsuits have found these sorts of loans to be predatory. World Savings sold the loan to Wachovia, which was then acquired by Wells Fargo. “Wells took advantage of me. Like they did so many other people. They promised us the moon,” says Alberto, who has been trying to get a loan modification since 2000. The bank has continually lost his paperwork, and refused to negotiate in good faith. The bank even advised him to stop making payments in order to qualify for a loan modification, which triggered the foreclosure process. Now, Wells Fargo is scheduled to auction his home on June 1. But we won’t let them.

YOU CAN ALSO HELP BY CALLING WELLS FARGO’s CEO and STAFF right away in protest: Just say: “Postpone the auction of Alberto Del Rio’s home at 565 Banks St., San Francisco. Loan # 47339080.” Then tell them the above story. CallCEO John Stumpf (866-878-5865), director Alfredo Pedroza (415-396-0829), communications Ruben Pulido (415-852-1279), bank managers Eric Tang (415-977-9357) and Jason O’Hara (415-554-8820).

For more info www.occupybernal.org or call 415-483-9138.

May 31: Occupella Joins the Wild Old Women at their Weekly Bank of America Protest

Update: A fabulous time was had by all, except perhaps the Bank of America security guards who locked up the front door of the bank branch once the protestors arrived.

WHAT: Occupella joins the Wild Old Women at their weekly Bank of America protest

WHEN: May 31, noon.

WHERE: Bank of America Branch, 3250 Mission Street @29th Street, San Francisco

WHY: Occupy Bernal is again in the press, under headlines such as “Occupy Bernal Blocks Auction of Foreclosed Home in San Francisco” and “Occupy Bernal Succeeds in Stalling Foreclosures.” On Thursday, the hilltop neighborhood’s famously fierce senior women invite some musical friends to celebrate, protest, and make noise, as part of their notorious weekly visits to the bank. Some say the future of Occupy is in local, neighborhood-based work — on Thursday May 31, the Wild Old Women and Occupella show how it’s done.

WHO:
Occupella describes itself: “Informal public singing at Bay Area occupation sites, marches and at BART stations. We sing to promote peace, justice, and an end to corporate domination, especially in support of the Occupy movement.”

IMG_5205_1

Contact: Tita Caldwell, titacal@aol.com; 415-505-9391

Press:
“In addition to some original material, Occupella rewrites well-known songs with Occupy-relevant lyrics.”
http://www.huffingtonpost.com/2012/04/09/occupella-san-francisco_n_1413626.html

“The group … hopes commuters will walk away with a song in their head, or better yet, join in and sing.”
http://missionlocal.org/2012/04/occupella-sings-in-the-mission/

The Wild Old Women describe themselves: “Our action was started in December 2011 by a group of nine women who live in affordable senior housing in Bernal Heights.  Since then we have “occupied” the sidewalk in front of the Bank of America every Thursday from 12 – 1 p.m.  We have been joined by friends and political allies, as well as strangers who have stopped and talked to us. Our object is to protest the bank’s practice of foreclosing on people’s homes, and of raising the fees of low income people. We are also acting in solidarity with the Occupy movement, and are happy to be part of Occupy Bernal.”

Press:
“It was a slow-moving Occupy Wall Street protest, but it was an effective one.”
http://sanfrancisco.cbslocal.com/2012/01/05/wild-old-women-close-san-francisco-bank-of-america-branch/

“There’s no chanting, tents, or tear gas, and certainly no cops in riot gear. Rather, the Wild Old Women hold signs and hand out pamphlets, trying to talk to people and convince them to move their money out of the big banks.”
http://blogs.sfweekly.com/thesnitch/2012/01/wild_old_women_tita_caldwell.php

Photos:
http://occupybernal.org/wordpress/?attachment_id=212

http://occupybernal.org/wordpress/?p=238

http://occupybernal.org/wordpress/?p=190

Occupy Bernal is a neighborhood-based Occupy currently focusing on preventing the banks from throwing our neighbors out of their homes. Web: http://www.occupybernal.org

To sign up for the Occupy Bernal press list and/or obtain photos and video of the event, see http://www.occupybernal.org/press

ALERT: Protest the Foreclosure Auction of Allen Stowers’ Home

Please protest the auction of the home of Bernal resident Allen Stowers for today, May 23, 2012. Allen is out of town on business, but has asked us to protest the sale of his home.

Please come at 1:45pm to the sidewalk in front of City Hall at 400 Van Ness Ave. Bring a whistle and earplugs (we have some to share).

Tell Wells Fargo: Stop the Auction of Ernesto Viscarra’s Home!

Tell Wells Fargo: Stop the Auction of Ernesto Viscarra’s Home!

Call/Email TODAY!

Ernesto Viscarra received a trial loan modification from Wells Fargo in March. So why is his home still scheduled for auction?

Ernesto has been living in his home in the Bernal Heights neighborhood of San Francisco for 33 years. In 2008, he fell into default on his mortgage with Wells Fargo. Despite the fact that he had the ability to work out a loan modification he could afford, the bank refused to negotiate with him–until Ernesto began working with Occupy Bernal, staging demonstrations, making phone calls and sending emails targeting bank representatives.

In March, Ernesto won a trial loan modification and has been making payments ever since. Yet Wells Fargo hasn’t lifted a May 21 auction date on his home. It was in response to highly-publicized situations just like these that Atty. General Kamala Harris called for a homeowners’ bill of rights. Among other things, it would ban “dual tracking”, a practice where homeowners are simultaneously on track for a loan modification and for foreclosure, and may lose their homes as a result. Let’s call and email Wells Fargo TODAY and make sure Ernesto is NOT a victim of dual tracking.

Please take action with three steps to save Ernesto’s home:

1) Send the following email right now to Wells Fargo’s CEO, Board Members, and other staff–

To: john.g.stumpf@wellsfargo.com, alfredo.pedroza@wellsfargo.com, ruben.pulido@wellsfargo.com, boardcommunications@wellsfargo.com, jason.ohara@wellsfargo.com, eric.tang@wellsfargo.com

Cc: action@occupybernal.org

Subject: Postpone Auction of Ernesto Viscarra’s Home at 249 Anderson St., San Francisco (Loan # 46110532)

Dear Wells Fargo staff,

Please take IMMEDIATE action to postpone the auction of Ernesto Viscarra’s home at 249 Anderson St., San Francisco (Loan # 46110532).

Mr. Viscarra has lived in his home for 33 years. After four years of being ignored, he finally was able to negotiate with your institution, and was granted a trial loan modification. He has been making his payments on time, but he still has an auction date of Monday, May 21 on his home.

I am aware of situations in which Wells Fargo staff have engaged in dual tracking, where homeowners are simultaneously on track for a loan modification and for foreclosure, and have lost their home as a result.

Please make assurances that you will make good on the terms of Mr. Viscarra’s loan modification and take immediate action to cancel the auction of his home.

Sincerely,

your name here

2) Starting at 8:00am on May 16, call the following Wells Fargo representatives with the message below.

Contact:

  • Wells Fargo CEO John Stumpf at 866-878-5865
  • Wells Fargo Director of California Local Government Relations Alfredo Pedroza at 415-396-0829
  • Wells Fargo Communications Staff Ruben Pulido at 415-852-1279
  • Wells Fargo Branch Manager Eric Tang at 415-977-9357
  • Wells Fargo Branch Manager Jason O’Hara at 415-554-8820

Tell them (or leave a message):

 “Please take IMMEDIATE action to postpone the auction of Ernesto Viscarra’s home at 249 Anderson St., San Francisco (lLoan # 46110532). Mr. Viscarra has lived in his home for 33 years. After four years of being ignored, he finally was able to negotiate with your institution, and was granted a trial loan modification. He has been making his payments on time, but he still has a May 21 auction date on his home. I am aware of situations in which Wells Fargo staff have engaged in dual tracking, where homeowners are simultaneously on track for a loan modification and for foreclosure, and have lost their home as a result. Please make assurances that you will make good on the terms of Mr. Viscarra’s loan modification and take immediate action to cancel the auction of his home.”

3.) If the sale of the home is not cancelled, join us on the steps of City Hall (Van Ness side) on Monday, May 21, at 9:45 a.m. to stop the auction.

A family-friendly street party and the Good Neighbor Awards

Video of the Occupy Bernal Fiesta by selene video

Occupy Bernal Media Advisory
For Immediate Release

Contact: Annie B., 415-483-9138, press@occupybernal.org

What: A family-friendly street party and the Good Neighbor Awards.

Where: Andover Street between Cortland and Ellert

When: May 19, 2012 from 1-4 p.m.

Occupy Bernal is proud to have helped prevent the evictions of some of our neighbors! To show appreciation for the hard work and perseverance of Bernal locals, we’re throwing a “foreclosure fighter” fiesta.

In addition to hobnobbing with our neighbors; still in their homes no thanks to the banks:

– the infamous Wild Old Women who regularly shut down the local Bank of America branch to national acclaim are expected

– hear organizer Stardust play oboe in the Occupy Bernal Band

– see Occupy Bernal instigator Beth Stephens and artist/activist Annie Sprinkle hand out the awards to neighbors whose homes are in foreclosure and who are fighting to stop predatory bank practices.

– eat barbecue cooked by foreclosure fighter Tom German

– enjoy a potluck, live music, kids activities, education, silkscreening with Families Occupy San Francisco [ https://www.facebook.com/pages/Families-Occupy-San-Francisco/236531299734365 ], and lots more

Facebook event page: https://www.facebook.com/events/349658901761052

To sign up for the Occupy Bernal press list and/or obtain photos and video of the event, see http://www.occupybernal.org/press

A Call for Collaborators

PDF version of this Call for Collaborators—please distribute

The Good Neighbor Award Ceremony & Foreclosure Fighter Fiesta

Andover St. between Cortland & Ellert (Next to library)

Saturday, May 19th, 1:00-4:00 pm

YOU are invited to co-create this event with us.

WE’RE HAVING A BLOCK PARTY POTLUCK to honor our wonderful foreclosure fighter neighbors + activists. We’ll celebrate the successful actions that have helped keep neighbors in their homes and acknowledge the amazing work we’ve done to help stop foreclosures.

Meet folks who care about people.

SEEKING entertainers, acoustic musicians, a deejay, production manager,
production assistants, planners, food/beverage help, set up/clean up angels, sponsors, people to poster, social network help, a press liaison, seeking involvement of related organizations (i.e.: MEDA, ACCE, SF Housing), tabling assistance, graphic designer, decoration, kid’s activities (sidewalk chalk, bubbles, crafts, face painter), gate monitors, journalists to spread the good news, documentarians, food/drinks for pot luck, and more.

Let us know what YOU want to do.

Join us for production meetings on Sundays at Progressive Grounds on Cortland & Bennington, 10-11:30 a.m. May 6 & 13. Friday night, May 18, 6-8 p.m.

Want to collaborate? We need YOU!

Call Annie S. & Beth today: 415-847-1323 or Annie B. 415-821-7617
Or email anniesprinkle@me.com
More info: occupybernal.org