Occupy Bernal Foreclosure and Eviction Fighter Ross Rhodes at Sacramento Foreclosure Moratorium Rally

Mainstream media caught on camera our very own Foreclosure and Eviction Fighter Ross Rhodes speaking at a Foreclosure Moratorium Rally in Sacramento on June 25, 2012.

Several other Occupy Bernal members attended the rally and lobbying day in support of the Homeowner Bill of Rights and some facilitated a teach-in on foreclosures and activism.

Links: CBS video    Fox video

Letter to Editor of San Francisco Chronicle About OccuPride and Wells Fargo

Stardust sent this letter to the editor of the San Francisco Chronicle, which has not yet been printed:

At the 2012 San Francisco LGBT Pride Parade, thousands cheered the OccuPride occupation of the Wells Fargo Bank float. Forty spirited Occupy activists from Occupy SF, Occupy Bay Area United, ACCE, and Occupy Bernal leapt the barricades to celebrate LGBT freedom and protest bank abuses.

We – LGBT and straight folks of many ethnicities and foreclosure and eviction fighters battling Wells to save their homes – chanted with parade spectators along the parade route to let Wells know what we think about predatory lending and greedy, discriminatory foreclosures that trash vulnerable communities: “Stop foreclosures, save our homes!”, “Happy Pride! Take your money out… of Wells Fargo!”

LGBT liberation pioneers like Harvey Milk refused to sell our rights to the highest corporate bidder. Harvey led the fight for an end to racism and sexism, and against greedy landlords, housing speculators, anti-union bosses, and discriminatory corporations like Coors. We marched in his footsteps, and for his and our demands.

OccuPride led with a demand of the 99%: “Community not commodity!” Wells and the other 1%-ers think they own us, our country, our economy, and our political system. They think we’ll let them throw our neighbors out of our neighborhoods. We let them know loud and clear that we won’t.

ACTION: June 24 – Join OccuPride Wells Fargo Action at San Francisco LGBT Pride Parade

Update: Some Occupy Bernal folks participated in OccuPride, an action to protest the commodification of the LGBT Pride Parade and the roles of corporations like Wells Fargo and Kaiser. Check out the videos, photos, articles, and official videostream.


What: Community not commodity!
Join the protest against the over-commercialization of the San Francisco LGBT Pride festivities. Protest Wells Fargo’s treatment of the LGBT community, including the foreclosures and evictions of queer folks from our homes.

When: 10:00am on Sunday, June 24

Where: Mission and Main Streets, San Francisco


Action Videos

Thanks to Peter Menchini for this video:

Action Photos

Thanks to Janice Suess for the first two photos of the yellow banners below and thanks to Peter Menchini for the photos after those two photos.

Photo from nancymancias

Articles

Political Fail Blog

Daily Kos (check for 12th picture and comment)

Official Pride Videostream

Check out the videostream of the entire 2012 LGBT Pride Parade. The initial OccuPride action appears after the Dykes on Bikes contingent in the first chunk of the videostream and the Wells Fargo OccuPride action appears in the second chunk with the Wells Fargo contingent. Check also for a Kaiser contingent further on in the parade videostream.

ALERT: Save Archbishop Franzo King’s Home This Thursday (June 21)

Update: Wells Fargo finally got the trustee to postpone the auction of Archbishop King’s home to July 20, 2012.


Please show up to defend the Bayview home of Archbishop Franzo King and family at 1:30pm to prepare for the auction which starts promptly at 2:00pm at City Hall sidewalk, 400 Van Ness Ave., in San Francisco.

Although a Wells Fargo representative apparently told Archbishop Franzo King the bank was postponing the auction of his home, the trustee in charge of the auction still lists the bank auction for Thursday, June 21. A recent court ruling seemed to hold that verbal agreements from bank representatives aren’t worth anything, so that means we have to defend the home of Archbishop Franzo King and his family.

Archbishop King pastors the John Coltrane Church, located in the Western Addition community of San Francisco. He is a community leader and a member of the Alliance of Californians for Community Empowerment (ACCE).

Links: Profile of Archbishop King    San Francisco Bayview article (by Carol Harvey)

ALERT: Save Our Neighbors’ Homes This Wednesday and Thursday (J20 and J21)

Update: Wells Fargo managed to sell of the home of the Davilas, but they postponed the auction of Sheila Walsh’s home until July 23, 2012.


This coming week, Wells Fargo Bank is again attacking the San Francisco Foreclosure and Evictions Fighters we know and love and trying to auction off their homes. For the first time, we’ve exhausted the legal remedies for postponing the bank sales.

IMPORTANT: We ask you to choose one or both days to Occupy the Auctions to save our neighbors’ homes.

Wednesday, June 20 Maria and Washington Davila (more info below)
Thursday, June 21 Sheila Walsh is 87 years old and has lived in her current home for 28 years. She has a mortgage with Wells Fargo and it seems like she has been a victim of financial fraud: she took out a home equity line of credit and through an apparently fraudulent transaction was charged $217,000 to her home equity loan. Her mortgage payment ballooned after the fraudulent charge and is now much more than she can afford. Wells Fargo plans to auction off her home on Thursday, June 21. She needs time and help to investigate the fraudulent charge, so she can resolve the matter with Wells Fargo and remain in her home.

We gather at 1:30pm at City Hall, 400 Van Ness Ave., to prepare for the auctions that start promptly at 2:00pm. Please bring a whistle or other noisemaker and earplugs if you have them (we have some to share).

Note: In the event a bank succeeds in selling one of our Foreclosure and Eviction Fighters homes, we will take additional action just following the Occupy the Auctions action. In the event of postponements or cancellations, we plan to go ahead and protest the other auctions taking place that day and also have follow-on actions planned.

Action Alert for Maria and Washington Davila

Wells Fargo plans to auction off the home of Bernal neighbor Felisa Yambao THIS WEDNESDAY (JUNE 20). Their tenants of seven years, Maria and Washington Davila, have been members of Occupy Bernal and have been fighting to save the home since they learned of the foreclosure several months ago. The homeowner, Felisa Yambao, is ill and lives in Las Vegas, but now has joined Occupy Bernal in fighting the foreclosure. Occupy Bernal and allies have mobilized to postpone the auction of the home several times, and now we need your help again.

Please take action with three steps to save their 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, richard.m.sintchak@wellsfargo.com, eric.tang@wellsfargo.com
Cc: action@occupybernal.org
Subject: Postpone Auction of Felisa Yambao’s Home at 4255 Folsom St., San Francisco (loan #0044522993)

Dear Wells Fargo staff,

Please take IMMEDIATE action to postpone the auction of Felisa Yambao’s home at 4255 Folsom St, San Francisco (loan #0044522993).

Ms. Yambao, who suffers from cancer, has been making efforts to negotiate a fair solution, yet Wells has scheduled her home for auction at 2:00pm, June 20, 2012, against the wishes of Yambao’s long-time tenants, Maria and Washington Davila.

Once Wells Fargo has postponed the auction of Felisa Yambao’s home, offer her a fair deal for a loan modification on terms that are sustainable, and which will allow her to continue to provide affordable housing for the Davilas.

This is an URGENT request, so please respond right away to postpone the auction.

Sincerely,

your name here
­

2) Starting at 8:00am on June 18, 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 Felisa Yambao’s home at 4255 Folsom St, San Francisco (loan #0044522993). Ms. Yambao, who suffers from cancer, has been making efforts to negotiate a fair solution, yet Wells has scheduled her home for auction at 2:00pm, June 20, 2012, against the wishes of Yambao’s long-time tenants, Maria and Washington Davila. Once Wells Fargo has postponed the auction of Felisa Yambao’s home, offer her a fair deal for a loan modification on terms that are sustainable, and which will allow her to continue to provide affordable housing for the Davilas. This is an URGENT request, so please respond right away to postpone the auction.”
­­
3) Show up at 1:45pm (auction starts promptly at 2:00pm and the auctioneers can sell off a house in less than a minute) on the sidewalk in front of City Hall, 400 Van Ness Ave, in San Francisco, to protest Wells Fargo auctioning off Felisa Yambao’s, and Washington and Maria Davila’s home.

Bring a loud voice, a whistle, earplugs, and signs to let Wells Fargo know we won’t stand for it anymore… stop illegally selling off our neighbors homes!

Background:

Washington and Maria Davila have been living in a house they have been renting in San Francisco’s Bernal Heights neighborhood for the past seven years. But now, because their landlord Felisa Yambao, who lives in Las Vegas and is suffering from cancer, is in foreclosure, Wells Fargo is planning to sell the house at an auction this Friday. According to the Ellis Act, a new owner-occupant of the house eventually could evict the Davilas, and the Davilas would like to continue renting from Ms. Yambao.

Last January 20, Wells Fargo canceled an auction date after Occupy Bernal planned a protest. Last month, we mobilized again to save the home with a call-in day and protest on behalf of the Davila’s and the Yambao’s. But the bank hasn’t learned its lesson. On Wednesday, Occupy Bernal is determined to disrupt the housing auction to stop the foreclosure and eviction of our neighbors. We also will be leafleting potential home buyers, calling on them not to buy the Davila’s home.

Now Wells Fargo plans to auction Ms. Yambao and the Davilas’ home on June 20 despite:

  • San Francisco Board of Supervisors’ unanimous vote for a moratorium on foreclosures until the state legislature passes a Homeowner Bill of Rights
  • The Mayor’s request for a “pause” until the state legislature passes a Homeowner Bill of Rights
    California State Attorney General Kamala Harris’ request for Fannie Mae and Freddie Mac to suspend foreclosure activity
  • The report from San Francisco Assessor-Recorder Phil Ting that shows that 84% of a sample of San Francisco foreclosures contain at least one legal violation

These actions brought to you by Occupy Bernal, ACCE, and other supportive organizations coordinated within the Occupy the Auctions and Evictions campaign.

Link: Upcoming Bank Auctions of Foreclosure/Eviction Fighter Homes    Foreclosure/Eviction Fighter Profilesion Fighter Profiles

How We Work with Foreclosees

Download a Word format of this document

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.

Minutes of General Assembly, 14 June 2012

Occupy Bernal General Assembly Minutes
7pm on Thursday, June 14, 2012

1. Introductions

Agenda approved with addition of the following items:

* June 25 Sacramento action
* Announcement from Action Council (David Solnit)
* Communications Workgroup

2. Where we stand: Geary and Josephine’s trial loan modifications from Bank of America with assistance from SF Mayor’s office.

Update on Homeowner Bill of Rights: some parts have passed, but dual tracking and single point of contact are still in process. Discussion on how to get more action alerts out on Homeowner Bill of Rights from larger organizations. Talk with Christie Hakim if you’re interested in working on it. Judy Siff recommended putting a message in our email signatures. Also discussed petitions and Occupy Bernal’s petition to the banks for a foreclosure moratorium.

Christie reported on the Monday, June 25, Foreclosure Moratorium action in Sacramento and encouraged people to attend and to lobby. Occupy Sacramento wants FEFs to speak. Kathy asked about what Tom Ammiano and Mark Leno are doing on the legislation and Judy K. replied that Leno is an author of one of the bills. Judy K. and Christie agreed to be liaisons to the organizers of the protest and coordinate Occupy Bernal’s participation.

Hiya offered some typewriters for personalized letters, which legislators treat with more weight than electronic ones.

Mayors’ Pause Letter: calls for pause on foreclosures until Attorney General settlement in place, but has a sentence that excludes those who can’t make payments on their mortgages, so is not very helpful.

Action on individual cases

What end of Alberto’s auction postponement means

3. Assessment of Alberto auction protest: 50 people came out to the auction. David Solnit made awesome mirrors. Alberto filed for bankruptcy so his house wasn’t sold. Kat mentioned how cool the mirrors are, the way they show peoples’ faces in the reflection. Fred found the action super-inspiring and felt the auctioneers and investors were very frustrated. Jose said we stopped some other auctions from happening. Tita felt uncomfortable with the intensity of how the protestors were talking to the people and felt the protestors were verbally violent. Incident where we mistakenly yelled at someone who was a supporter. Tita wants people to come and feel safe at our demonstrations… she saw several people distancing themselves from the action. Perhaps we should have a nonviolence training. Kathy felt horrible at Alberto’s grief when he announced that his family had to file bankruptcy. Julien mentioned that deciding about violence can involve tactical questions, for example, if we get physically violent at an action, then we would invite police repression. Bruce reported that an auctioneer was calling people telling them that there was a huge demonstration. He mentioned that even after discussing the issue of violence for over 50 years, but still haven’t come to any agreement. Alice brought up an incident where an investor pushed her and we had a discussion on how to deal with the situation. Fred suggested a discussion about the pushing scenario and how to respond and felt that we don’t have an agreement in the room about what nonviolence is. Stardust suggested a nonviolence training at 12:00 noon on Saturday after the action planning meeting at ACCE, but some people said they couldn’t come. Bruce suggested creating a card that lists the nonviolence guidelines for the protest… great idea! Kathy L. suggested to Alice and Fred determining what it would take to file a complaint. Elaine suggested an immediate response pertinent to the auction actions, as well as a longer-term Occupy Bernal discussion on violence. Hiya suggested that people meet with Stardust who want to figure out what should go on an action agreement card for the auction action. Fred suggested meeting before an action for an orientation. Those interested will discuss with Stardust immediately after the meeting. Stardust volunteered to draft a card for the auction action and send it to the group for comments. Kat volunteered to prepare a proposal on a nonviolence discussion for the next GA and invited others to participate with her. Elaine feels the discussion is necessary prior to the training. Consensed on the proposal for the auction action card and preparing a nonviolence discussion for the group.

4. Foreclosure and eviction fighter deadlines report

Stardust reviewed the cases and when our foreclosure and eviction fighters are up for auction. Maria talked a bit about her situation.

5. Suggested action calender from ACCE meetings, next coalition meeting

David Solnit reported back from Action Council. David let the Action Council and the Direct Action Workgroup know that things are coming to a head with the housing actions. They want to help Occupy Bernal. They would prefer to have 2-6 weeks notice and prioritize actions.

Christie thinks planning our actions with more notice would be good so that other groups can join in and be effective.

Stardust reported on the action planning meetings co-held with ACCE. He described the actions on the calendar handout.

Kat said she felt the Homeless Shelter action should have a day of its own. Stardust said he feels we really need to escalate our response. Julien said he felt there were too many actions on the list and they should be spread out over more time. Bruce talked about how to indicate which actions should be prioritized, especially for people who can only take limited time off from work. Fred likes how there are actions after the auction actions, especially in the case where auctions get canceled or postponed. Fred suggested sending an email saying “this is the week” and asking people to pick at least one day they can come this week to help their neighbors. David mentioned that to outreach to folks with a short message works better than a complex message. David said to put off the Stumpf action and to advertise the auction actions. Christie would like to focus on getting people to the auctions, along with the email alerts that go along with that.

In summary, the group seemed to think it would be a good idea to delay the Stumpf action and to downplay announcing the actions after the auction actions (and perhaps to restrict it to actions that are simple, such as the Points of Light action).

6. Outreach

Diane will call for an outreach workgroup meeting and coordinate some tabling activities. The education and outreach workgroup meetings typically take place at 10:00am on Sundays at Progressive Grounds.

Julien talked about how we do outreach to foreclosure and eviction fighters. Doorknocking happens at 10:30am each Sunday at Progressive Grounds. Julien brought up the idea of hosting house parties with foreclosure and eviction fighters.

7. Communications

Diane would like to prepare some literature for Occupy Bernal. Diane would like Occupy Bernal to include a broader message with our literature. Christie will work with Diane on the materials, since she has already prepared some. Jose suggested wording of “Do you know someone who is facing foreclosure…?” rather than “Are you facing foreclosure…?”

8. Announcements

* Kathy L. announced that Supervisor Wiener proposing a nasty measure to enable condo conversions and remove rent control protections.

* Elaine announced an event with Boots Riley scheduled for 6pm on Saturday, June 16, at the Redstone Building.

* Diane announced availability of Occupy Bernal buttons available for $3-5.

* David announced events related to solidarity with the student movement in Quebec including:

– Movie screening at 8:30pm on Thursday, June 28, 555 California St.
– Solidarity march at 11:30am on Friday, June 29, 580 California St.

* Fred announced that Occupy SF Housing is planning a campaign around Ellis Act conversions.

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

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.