ALERT: Demand Deutsche Bank Stop Eviction of William Bailes and Caregiver Gigi Ellis

Update as of October 8, 2012: Deutsche Bank has agreed to postpone the eviction of William Bailes and Gigi Ellis in order to hopefully come to a mutually agreeable solution, so we have postponed the October 9 protest and all phone calls and emails for the action alert.


Deutsche Bank has pursued a protracted battle to evict disabled renter William Bailes and his niece, caregiver, and homeowner Gigi Ellis from their Bernal home in San Francisco. Bill and Gigi want to remain in their home, where Bill’s doctor says he must remain to receive the nearly round-the-clock care he requires for life-threatening illnesses including hepatitis C, interstitial lung disease, and pulmonary fibrosis, which has him on an oxygen tank.

The eviction is scheduled for Wednesday, October 10.

Please take action to help the Bill and Gigi:

1) EMERGENCY RALLY
When: 9:00am on Tuesday, October 9
Where: Deutsche Bank office, 101 California Street at Davis Street, San Francisco (one to two blocks from Embarcadero BART station)

2) Call and email Deutsche Bank with the following message:

* Seth Waugh, CEO, +1 212-250-5646 or main line +1 212-250-2500

* Jeffrey Ruiz, Director, +1 212-250-3667

* Duncan King, Head of Press & Media Relations, +1 212-250-4864

* Randall Naiman, Eviction Attorney for Deutsche Bank, +1 858-535-4808

Sample messsage:

To: seth.waugh@db.com, jeffrey.ruiz@db.com, duncan.king@db.com, info@naimanlaw.com
Cc: action@occupytheauctions.org
Subject: Stop the Eviction of William Bailes and Caregiver Gigi Ellis at 433 Nevada Street in San Francisco

Please stop the eviction of disabled renter William Bailes and his niece, caregiver, and homeowner Gigi Ellis from their home at 433 Nevada Street in San Francisco. Bill and Gigi want to remain in their home, where Bill’s doctor says he must remain to receive the nearly round-the-clock care he requires for life-threatening illnesses including hepatitis C, interstitial lung disease, and pulmonary fibrosis, which has him on an oxygen tank. The eviction is scheduled for Wednesday, October 10.

Gigi Ellis was in negotiations for a loan modification from Washington Mutual (which took over the loan from Long Beach Mortgage and was later acquired by JP Morgan Chase) when Deutsche Bank foreclosed on the home without Gigi’s knowledge. Please stop the eviction and negotiate with Bill and Gigi so that they can obtain a loan modification or have a third party purchase the home so they can remain in their home.

Please don’t put disabled people out on the streets.

3) Please mark your calendars for possible eviction defense on Wednesday, October 10.

For updates and this action alert: http://occupytheauctions.org/wordpress/?p=4873

ACCE and Occupy Protest Foreclosures at Noe Valley Bank Branches

Foreclosure and Eviction Fighters and supporters from the Alliance of Californians for Community Empowerment (ACCE), Occupy Noe, Occupy Direct Action Workgroup, and Occupy Bernal protested against foreclosures of neighbors homes at three bank branches on the afternoon of Saturday, August 11, 2012.

The protestors presented a list of demands to bank managers at the local Noe Valley bank branches for Bank of America, Wells Fargo, and JP Morgan Chase. The managers at Wells Fargo and JP Morgan Chase faxed the demands as requested by the protestors, but the branch manager at the Bank of America branch refused to do so, so the protestors closed down the bank.

Coverage:

Steve Rhodes at Bank of America

Steve Rhodes at JP Morgan Chase

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.

Mayors’ Pause Letter

June 6, 2012

Mr. James Dimon
JPMorgan Chase & Company
President and Chief Executive Officer
270 Park Ave
New York, NY 10017

Dear Mr. Dimon:

We are writing to you and the CEOs of the nation’s four other mortgage loan servicers that
settled in the joint federal-state mortgage settlement to ask that your company pause foreclosure proceedings against eligible borrowers until the settlement is finalized and the monitoring mechanisms are fully in place.

As the terms of this landmark agreement evolve from language into action, our residents deserve interim protections until the monitoring administrators are fully in place. After years of uncertainty, California’s homeowners need the opportunity to participate under the terms of the federal-state settlement agreement that is just months away from being available. A temporary pause in foreclosures against only eligible borrowers would provide this relief.

Over the next six to nine months, the settlement administrator, attorneys general, your company and the other mortgage servicers – Bank of America Corporation, Wells Fargo & Company, Citigroup Inc., and Ally Financial Inc. – will work to identify homeowners eligible for the immediate cash payments, principal reductions, short sales, and refinancing. Those borrowers who are eligible will receive letters informing them of next steps.

While this process unfolds, we are asking your company to pause foreclosure proceedings against borrowers who could receive a letter in the future informing them of their eligibility for relief as outlined in Exhibit D of the five lenders’ consent judgments. The settlement is targeted toward homeowners who could remain in their homes if a principal reduction or refinancing option were available to make their loan more affordable. Some of those homeowners you agreed to evaluate are currently delinquent on their mortgages, while others are underwater but current on their mortgages. We believe the settlement’s specific eligibility requirements adequately constrain the pause such that borrowers must continue to make payments, or risk losing protection from this temporary halt in foreclosures.

Unfortunately, the California cities we represent are at the center of our nation’s foreclosure crisis. The residents of our state, who California State Attorney General Kamala Harris represented at the bargaining table, deserve the opportunity to participate in the terms of the agreement for which her office advocated and to which your company agreed. This includes:

• Providing a minimum of $12 billion in principal reductions on loans or offering short sales to approximately 250,000 California homeowners who are underwater on their loans and behind – or almost behind – in their payments.

• Refinancing the loans of 28,000 homeowners who are current on their payments but underwater on their loans using an estimated $849 million of the refinance program.

• Receiving assistance from the $1.1 billion estimated to be distributed to homeowners for unemployed payment forbearance and transition assistance, as well as to communities to repair the blight and devastation left by approximately 16,000 recent foreclosures. Vacant homes would not be included in the pause, as we can all agree that it is in the best interest of the neighborhood those homes are located in, their city and our economy in general for those homes to return to market as quickly as possible.

• Monitoring by UC Irvine law professor Katherine Porter, a noted specialist in foreclosures and bankruptcy, with an agreement that allows Attorney General Harris to enforce the penalty provisions in California state court.

As your servicing staff know well, distressed borrowers are very difficult to reach. The pause will allow our cities the time to partner with your servicing staff, the Attorney General’s office, and local HUD-certified counseling agencies to plan a comprehensive communication and outreach strategy to identify eligible borrowers and inform them of their rights under the settlement. As a result, we believe borrowers will be more informed of their rights, more organized with their financial documentation, more willing to stick through the process of having their loan evaluated for modification, and ultimately, more likely to receive relief under the settlement.

Thank you for your consideration of this request.

Sincerely,

Mayor Edwin Lee, San Francisco

Mayor Chuck Reed, San Jose

Mayor Kevin Johnson, Sacramento

Mayor Jean Quan, Oakland

Mayor Ashley Swearengin, Fresno