Exploding foreclosure fraud issue: An opportunity for Democrats to turn the tide

by: Mike Lux

Mon Oct 11, 2010 at 13:30


There is a huge opportunity to create a late shift for the better in Democratic electoral fortunes because of the foreclosure fraud scandal. With the issue exploding, Democrats need to take advantage of the fact that it us who are doing the right thing on this issue, while Republicans are at best standing on the sidelines doing nothing, and at worst getting in the way of solving the problem. Democrats being on the side of homeowners getting screwed and being against bankers and lawyers who are committing fraud by sending people to foreclosure mills feeds perfectly into the overall theme progressives and some Democrats have been pushing that our government and economy can only be fixed by standing up to corporate predator special interests.

The foreclosure fraud issue has been brewing a long time now. Groups like SEIU, National Peoples Action, PICO, and other community organizations have been organizing on it for many months now, and have been doing the legal research needed to start nailing these foreclosure mills and fraudulent banks. With the issue now exploding, I think there is a real chance to shift the debate to a new level. While Democrats have been slow in understanding or picking up on this issue, the good news that they are still capable of standing up for working families on an issue like this. It is Democrats who have overwhelmingly been the ones to stand up to the banks on this issue- Obama with his veto, Pelosi and Reid and many other Democrats in Congress who have taken strong stands on the issue, and Democratic Attorneys General around the country who have taken on the banks on their fraud. The Republicans, with only a couple of exceptions have been overwhelmingly silent on the issue, and in some cases, like the MI AG, have come out against doing anything to help consumers (because he didn't want to "politicize" the issue). As Digby summarized it:

A lot of people are trying to say that all politicians are the same, that your vote doesn't matter. Well, let's look at the evidence. In the last month, here are some news stories about politicians.

Democrat Alan Grayson Calls for Foreclosure Moratorium

Democrat Ohio Secretary of State Attacks Foreclosure Fraud

President Obama Pocket Vetos Pro-Bank Bill That Would Increase Foreclosures

Democrat Harry Reid Calls for Foreclosure Moratorium

Democrat Nancy Pelosi, California Democrats Calls for Investigations of Foreclosure Fraud

Democrat John Conyers and Carolyn Kilpatrick Call for Foreclosure Freeze

Democrat Ohio Attorney General Attacks Foreclosure Fraud, Sues GMAC

Democrat Illinois Attorney General Asks for Foreclosure Halt in Illinois

Democrat Maxine Waters Calls for a Foreclosure Freeze

Democrats Alan Grayson, Barney Frank, and Corrine Brown Call for Fannie to Stop Working with Foreclosure 'Mills' Being Investigated for Fraud

Democrat Earl Blumenaur Asks for a Foreclosure Freeze in Oregon

Democrat Jeff Merkley Calls for a Special Investigator for Foreclosure Fraud

Democrats Luis Gutierrez and Dennis Moore Call for Investigations of Bailout Recipients Engaging in Foreclosure Fraud

Democrat Attorney General in California Asks for Foreclosure Halt

Democrat Attorney General in Massachusetts Asks for Foreclosure Halt

And on and on and on....

Notice a pattern here? If not, let me give you another hint.

Republican Richard Shelby Tries to Weaken Rules, Kicks Regulators

I wonder why banks and corporations are spending $5 billion on this election, nearly all of that for Republicans.

From what candidates on the ground are telling me, though, it is still the business reporters who have been covering the issue, not the political reporters, and Democrats are not necessarily getting the political credit they deserve. Reporters are still trying to put the who-done-it pieces together on the scandal rather than being focused on which politicians are standing up to the bankers on the issue. We need to make sure voters understand who is fighting to make sure the banks and foreclosure mills are held accountable.

Democrats should not let this opportunity slip away from us: if we embrace this issue politically, telling a story about how we are the ones rooting out corporate corruption, we are the ones standing up to the banks when they try to defraud consumers, this could be very powerful, and it could strongly feed that broader frame around Democrats taking on special interests on behalf of the middle class. With this issue now front and center, Democrats should seize the initiative, put Republicans on the spot for why they are doing nothing to stand up to the banks. This could be one of the election dynamic turning things that upends the Republicans' ability to make their closing argument about government being the root of all evil stick. The White House right now is sounding too wonky and even-handed on this issue: they need to make clear whose side they are on.

One other thought on all this: I think the foreign money being used by the Chamber thing adds to the dynamic: their ads are everywhere. I have always believed that when you are being outspent in a campaign, you have to turn the tables by targeting all the money being spent against you. If the foreclosure fraud crisis is in the front pages every day, reminding voters of corporate corruption issues, and we can be relentlessly raising questions about where does the money come from for all those attack ads by the Chamber- Wall Street, foreclosure mills, and foreign companies?- I think the anti-corporate special interest frame just keeps building. Where I hope we can get to is that every time people see those Chamber ads, or other ads from groups they have never heard of, they are thinking of money from Wall Street, foreclosure mills, and foreign companies.

We have all seen last month breaking news and/or new frames shift electoral dynamics. The collapse of health care in the fall of '94 drove Democratic base performance into the dirt, and turned a tough year into a route. The fundraising scandal that broke in Oct of '96 changed the dynamics just enough to keep us from retaking Congress. The focus on impeachment in the fall of '98, and our "it's time to move on and deal with the issues that really matter" pushback turned a likely Democratic slaughter into a good year for us. The Foley scandal in Oct of 2006 stopped a potential Republican comeback dead in its tracks, and turned a close call into us easily retaking Congress. I think this foreclosure fraud crisis could be the same kind of deal. It allows us to take anti-special interest frame we have all been building for a while, and bring it to a whole different level. But we need to seize the issue, and take the credit we deserve for doing the right thing in fighting for consumers against the power of the big bank fraud. If we are willing to wholeheartedly take this mantle on, the election dynamic has the real potential for a last minute shift.  

Mike Lux :: Exploding foreclosure fraud issue: An opportunity for Democrats to turn the tide

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The White House disagrees with you that this is a big issue (4.00 / 7)


And has disagreed since the primaries (4.00 / 3)
In early 2008, as Hillary Clinton was making foreclosures and issue, Obama dismissed a freeze using the same defense of the banks that Axelrod voiced this weekend:
In San Antonio on Tuesday, Obama said that Clinton's foreclosure freeze was potentially "disastrous," rewarding "people who made this problem worse" by benefiting banks that profit from high mortgage rates.

A "blanket freeze," Obama added, might "drive rates through the roof for those trying to buy or refinance. Experts say the value of homes will fall even more, and even more families could face foreclosure."



[ Parent ]
Personally, I think the president has been a bubble since (4.00 / 1)
getting into office. He fundamentally doesn't seem willing to address the shift of economic circumstances that happened to this country after the fall of Lehman Bros. None of the democratic leadership has been willing to do so. I dont know if Clinton would have been any better.  

[ Parent ]
Well, imho Clinton was more concerned about delivering... (0.00 / 0)
...at least something. Not necessarily real improvement, but still something that he could sell as a success. With Obama, it's much too often as if he doesn't care at all!

[ Parent ]
No, they are tied to the same forces (4.00 / 2)
She would have been tweaking at the edges too because the Democratic Party is a right wing party. Once you accept that they are a right wing party, almost everything you see right now makes sense. Its only the denial of this assertion that leads to debates about what he really thinks, or how we can message differently, etc.

My view is this: One of these parties is going to be gone in the next decade because there is no longer a viable center. There is only the right and far right.


[ Parent ]
Hillary Clinton throughout the primary campaign was very concerned about foreclosures (4.00 / 1)
She was very concerned with the little guy and Barack Obama ridiculing her proposals to help the homeowner was something that happened more than once.  I was always astonished that people did not see what this signified if he became the nominee and president.

And her proposal was a modern HOLC that was set up by FDR.  She called for a foreclosure moratorium in additon to the HOLC, Home Owners Loan Corporation.  An entity which would redo mortgages, INCLUDING PRINCIPAL REDUCTION, so people could stay in thier homes and not depress communites or destroy even more wealth.  Barack Obama ridiculed both.

He proposed HAMP which has been a gift to banks not homeowners. Which has barely helped anyone stay in their homes because it refused to force a method for doing principal reductions.

She was always more sinceely for the little guy than Obama was and now we see it in this crisis.

I think you putting her in the category that there's no difference between one politician and another is just wrong.  In this matter she cared, she had proposals to help people and we would be in a different place than we are now.

"Incrementalism isn't a different path to the same place, it could be a different path to a different place"
Stoller


[ Parent ]
Except then ... (4.00 / 1)
... the Marines might be battling for their lives in the streets of Tehran, which is also a different place.

For the wheel's still in spin And there's no tellin' who That it's namin'. -- Dylan

[ Parent ]
She wouldn't be one to start wars (0.00 / 0)
She may continue ones we started but then that's where we are now.

"Incrementalism isn't a different path to the same place, it could be a different path to a different place"
Stoller


[ Parent ]
bwahahaha what (0.00 / 0)
she threatened to "obliterate Iran"

[ Parent ]
deterrence theory (0.00 / 0)
Clinton was asked "What would you do if Iran launched a NUCLEAR strike against Israel?" in the context of discussing deterrence theory, which has been at the heart of US foreign policy for over 50 years.  She said, "I would obliterate them."  This wasn't a statement that she'd launch a first strike.  This was a statement in keeping with what has been standard American foreign policy since Truman.  You can disagree with that if you want but you can't make her more of a warmonger than any other US president since 1948.  And in fact, Obama, when asked the question, said he'd respond the same way, he just didn't like the "tone" -- classic Obama waffling.  

One thing that drives me nuts about the blogosphere is the perpetuation of statements like "she said she wanted to oblierate Iran!" without context.  I could say the same thing about Obama's idiotic statement that as president he'd support an undivided Jerusalem as the capital of Israel -- also a profoundly provocative comment at the time -- but completely out of context, as he further explained that he meant he did not want Jerusalem to become a walled city in the way of East Berlin.


[ Parent ]
"the tone" (0.00 / 0)
I suppose casually tossing out the genocide of an entire people is totally cool if you look at it in context.  An eye for an eye, after all!

Hillary is the living heart and soul of DLC Triangulation.  Oh and she's in the C-Street Family.  So, yeah, she really fucking sucks.  Just slightly more than the guy who won.


[ Parent ]
Conventional Wisdom (0.00 / 0)
I bought into the conventional wisdom that Clinton was better on domestic issues and Obama was better internationally.  Since I was more concerned about international issues at the time, it was easy for me to go with my (already) preferred candidate.

Oh, and Clinton was extra divisive, though through no fault of her own.  You know how divisive those Clintons are.

How ironic, in so many dimensions.  I don't know about 11 dimensional chess, but we definitely have 11 dimensional irony.


[ Parent ]
"Oh, and Clinton was extra divisive, though through no fault of her own. " (0.00 / 0)
also all of the highly devisive shit she said

[ Parent ]
You assume (4.00 / 1)
that this:

From what candidates on the ground are telling me, though, it is still the business reporters who have been covering the issue, not the political reporters, and Democrats are not necessarily getting the political credit they deserve.

is an oversight, or accidental?

If the Democrats were pounding the issue - big if in my book - would political reporters be allowed to report it?  The only thing that surprises me is that business reporters are reporting it.  But, maybe they are obliged to in order to maintain even a mere whiff of credibility.


Business Reporters are responding to their readers (0.00 / 0)
The investors in the MBSs are very interested because they JP Morgans and Goldmans just may have to repurchase a bunch of junk.  

[ Parent ]
"Democrats being on the side of homeowners"? ALL Dems? (4.00 / 4)
Mike, are you aware that Dreckselrod's recent pro-bank statements don't sound that way at all? Can't someone in the WH make that jerk shut up, send him on an urgent mission to Tuvalu, the Arctis, Somalia or somewhere? As long as this nutcase blabbers to the media, the Dems won't be able to convince ANYONE they're on the side of the homeowners!

Especially since they aren't! (4.00 / 1)


For the wheel's still in spin And there's no tellin' who That it's namin'. -- Dylan

[ Parent ]
Well, you know, Jeff, this is the 21st century... (4.00 / 1)
...and the new rule is, perception is everything! In the media, in the internet, in the public mind. You may call that the Windows™ of perception. So, who cares about the truth nowadays? Really, the only problem is that Dreckselrod ruins the image the Dems want to create. Didn't that idiot read the latest talking point about coordinated messaging? {/snark}

[ Parent ]
But with that said ... (4.00 / 1)
... the actual world does have some impact on perception.

How this has been playing in the media, for instance, has been very divided.  If WE try to sugar-coat it, we will lose credibility among people that I, for one, would not want to lose credibility with.

However it gets spun, there's no slam dunk here for anyone.

For the wheel's still in spin And there's no tellin' who That it's namin'. -- Dylan


[ Parent ]
Then there's this: (4.00 / 2)

White House Mostly Overlooked Foreclosure Fraud Concerns, Sought Banks' Help With HAMP
.

Then there are all the Democrats who voted for the bill that Obama had to "send back," as the word "veto" couldn't choke its way out of Obama's throat.  Then there's all the reporting that foreclosures have to be stopped because if the banks foreclose, they won't be able to sell without clean titles, and the banks would rather keep false assets on the books rather than lose them through foreclosure.

Yeah, this would be a brilliant way for the Democrats to score lots of points.  For about a day.

For the wheel's still in spin And there's no tellin' who That it's namin'. -- Dylan


Well, still, Obama somewhat repaired that with his veto. (4.00 / 1)
But, you're right, if the WH doesn't come out with a stronger stance that is pro-homeowners and anti-banks, this will be a flash in the pan.

[ Parent ]
just stop the fraud (4.00 / 2)
I don't know if a foreclosure freeze will do more good than harm, but clearly we've got to do something about all the fraud. Deregulation clearly hasn't worked. How about some evidence-based policy?

 http://www.SincereJobs.com

How about sending some people to jail? (4.00 / 5)
And I don't mean homeowners or the homeless.

For the wheel's still in spin And there's no tellin' who That it's namin'. -- Dylan

[ Parent ]
That would send an impressive all-American message. (0.00 / 0)
Namely, everybody is equal before the law! No "get out of jail" cards for the rich. Well, indeed, sending some lying bank managers and criminal lawyers into jail would make a big impression. Every politician should love that. But Obama, well, who knows how Obama ticks...

[ Parent ]
Tock Tick Tock Tick (4.00 / 1)
With Obama, everything is backwards.  The Dem is really a Repub, etc.

[ Parent ]
Hehehe, "tock tick" (0.00 / 0)
Good one, Shainzona!
:D

[ Parent ]
I believe the legislation that Obama "pocket vetoed".... (4.00 / 3)
(After days of screams from real progressives/liberals) was passed by a voice vote with no one voting "No" in either the House and the Senate.

I guess all of those Dems were on a bathroom break when that happened.


Actually, this should tell you something (4.00 / 4)
The obvious point is you can't trust anyone in Washington.  But if you think a bit deeper, you realize how profound this is.  Kucinich could have stopped this, he didn't.  So could have Feingold.  So could any one of a number of our best progressives in congress.  None stopped it.

It is important to get better people into congress, but this proves beyond a shadow of a doubt that the overall solution is not simply better people.  The problem runs deeper than that.


[ Parent ]
Which is why I have very little sympathy for Feingold right now (4.00 / 1)
While I would prefer the GOP not win, the truth is that he's not exactly being the gate keeper as a progressive that we need him to be. if he's the best we got, then we are in trouble.  I disagree that the problem runs deeper than the people there. The problem is that the progressives that are there are used to capitulation.  

[ Parent ]
meta: so, is Mike going to respond to any of this or what (4.00 / 1)
run in, make assertions, run out

good question (0.00 / 0)
We are getting restless.

For the wheel's still in spin And there's no tellin' who That it's namin'. -- Dylan

[ Parent ]
It's like shooting fish in a barrel (0.00 / 0)
From the Battling Proletariat Daily (New York Times), A Foreclosure Tightrope for Democrats:

President Obama told executives at the time [2009] that his administration was the bulwark between their industry and the public's anger.  Now the administration is again seeking to demonstrate its concern over industry practices without taking steps that it fears will damage the economy.

Tell us how the congresspersons on the block this November can exploit this issue without Dumping their main man in the White House.

For the wheel's still in spin And there's no tellin' who That it's namin'. -- Dylan


[ Parent ]
So for those of us who haven't been following this issue (0.00 / 0)
can someone concisely explain what the "foreclosure fraud scandal" is?

econo - blogs (0.00 / 0)
The real honest players in left blogistan have been the econo-blogs and not the political blogs, at least when it comes to following the ins and outs of the Obama Administration's complete capitulation to Wall Street and the ramifications (ie bankruptcy and unemployment) for Main Street:  Yves Smith at Naked Capitalism is the best place to start.  Rortybomb has a nice series up on the foreclosure fraud.

While the political blogs spent 2 years parsing the ins and outs of 11-dimensional chess, the economics blogs have been calling out this admin for its betrayal of Main Street and the working class since the first days of TARP, and those first days of TARP were the perfect foreshadowing of what was to come with HCR and FinReg.


[ Parent ]
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