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Penalized for Being Honest – A Real World Look at How Poverty Programs Work

11:42 am in Uncategorized by chicagogal

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(Photo: USDAgov/flickr)

The Census Bureau’s new report on Income, Poverty and Health Insurance Coverage is out and shows the rising poverty and income inequality levels in this country. Marcy at emptywheel did a great job reporting on her participation in a poverty simulation in conjunction with Hunger Action Week. As someone who has lived that life for far too long, it seems like a good time to talk about how that works in real life.

I live in Dupage County, Illinois, which is one of the wealthiest counties in the country with 19 out of 39 towns having an average household income over $100,000, so you rarely see the poor and would never imagine that poverty is a rising issue here. There are very few aid programs available for which I meet the qualifications, but two of them have created major problems for me this year and I’d like to focus on those because they are indicative of what millions of people go through every day while just trying to survive.

The first program is SNAP (Supplemental Nutrition Assistance Program, aka food stamps), which is federally funded, but managed by the Illinois Department of Human Services (DHS). While it’s possible to apply for SNAP benefits online or through several organizations, their only other online capability is to check your balance and expenditures. You have to reapply regularly to keep the benefits, and while they do offer an “automated” phone system for that, they only print your answers to add to an overwhelming stack of other applications being manually entered into their system. That inefficiency consistently runs 1-2 months behind, but you are not notified of that delay and end up without food money while not knowing why (to be fair, I’m told they are trying to alleviate the processing time delay).

After making a mistake with their phone system, my benefits were cancelled with no notification, which necessitated several trips to the only DHS office in the county located more than 10 miles from my home. The problem was finally resolved through a chain of people knowing people which got me to the director of that DHS office, and even then it took another couple of weeks. The whole fiasco left me with no food money for over two months and forced me to choose between food and electricity while it was still winter here.

The second program is Access Dupage, a program whose mission is to provide access to medical services to those people in the county who lack healthcare access for economic reasons. This is where I was penalized for being honest because I admitted a friend was helping me financially and included her verification letter in my renewal application. I am without healthcare because they refused to accept her letter as proof of my income and demanded that she provide documents proving her income for the prior 90 days, even though she was not applying for benefits and had no relationship with them! Their excuse for invading a non-applicant’s privacy is that it is required by their guidelines.

Overall, it sucks to be poor and is far more challenging than any job in just getting your basic needs met. It’s an invasive degrading, demeaning and demoralizing experience with endless frustrations; and is a time-sucking monster that is more expensive than people think due to high gas prices, public transportation and childcare costs for only a few minutes time with a case worker that has too many cases. I wish there was a solution to be offered, but the agencies involved don’t want to change or compromise to help more people, nor do they want to institute the efficiencies offered by current technology.

Illinois County Recorder Joins the Fight against MERS for Fraud and Deception Regarding Property Transfer Fees

2:51 pm in Uncategorized by chicagogal

Neon Notary (photo: Jeremy Brooks/flickr)

All I can say is it’s about damn time somebody in Illinois stepped up to the plate to hold banks accountable for their criminal activities! St. Clair County Recorder Mike Costello and State’s Attorney Brendan Kelly on May 21st filed a civil suit for fraud and deception against 22 banks for allegedly using MERS to “sidestep recording fees” and creating “a scheme to evade county fees and shield property transfer records from the public.” As State’s Attorney, Mr. Kelly works with and advises government at the county level, while the Attorney General provides the same services at the state level. Additionally:

We have been hearing from deputy recorders that kept having questions raised by individual home owners doing title searches,” he said. “With MERS it is very difficult to ascertain who owns what with any given piece of property.”

“It turns out that the replacement system is very inaccurate with very little oversight,” he said.

He said Illinois law is “clear and strong” regarding recording laws, but that MERS is in violation of various statutes including unjust enrichment, consumer fraud and deceptive trade practices.

Considering that St. Clair County was one of twelve Illinois counties contacted by Illinois Attorney General Lisa Madigan in July 2011 regarding an investigation into MERS that she was starting, they must feel that AG Madigan’s investigation is either going nowhere, or was dropped once she signed onto the 49-state “settlement” earlier this year. AG Madigan was one of the main negotiators for that “settlement”, but apparently had no intention of actually prosecuting the banks for their criminal activities leading up to and after the housing bubble broke. The 12 counties contacted were asked to research and submit documents listing MERS as one of the parties to a property. Each county has different guidelines as to what and how documents are recorded, so some counties have nothing more than an electronic record and others have paper copies. The other 11 counties are Champaign, Dupage, Lasalle, Madison, Kankakee, McHenry, Rock Island, Sangamon, Vermillion, Whiteside and Winnebago. Read the rest of this entry →

Illinois joins other states in questioning document fraud in foreclosures

9:51 am in Uncategorized by chicagogal

If you only get your news from the MSM, it may appear that Illinois has bypassed most of the problems other states have faced in the widespread document fraud and robo-signing scandals that have been reported elsewhere. In fact, we seem very civilized in moving our foreclosure cases through the courts despite the increasing protests trying to prevent foreclosures based solely on economic reasons. In my Chicago-area county, the judge presiding over foreclosure cases got himself some media attention recently due to his “compassion” for homeowners who cannot afford an attorney. His bright idea was to have the local HUD-certified counseling agency and a legal aid firm present in his courtroom so that he could refer homeowners to their services when they appear before him for their foreclosure cases. Let’s never mind the fact that this HUD-approved counseling agency cannot work with banks for forbearance or negotiation of a loan modification because banks and servicing agencies refuse to work with them, or that the legal aid firm he has chosen refuses to help any homeowner who wants to fight their foreclosure because they will only take clients who are in a position to negotiate a successful loan modification. For the vast majority of homeowners, there is no help to be found in Judge Robert Gibson’s courtroom. In fact, Judge Gibson (R – up for re-election in 2012) also appears to not believe in document fraud as he states in this article he wrote for The Dupage County Bar Association’s magazine in the fall of 2010 that offers advice for distressed homeowners:

The publicity surrounding the disclosure of sloppy business practices by lenders has also distracted homeowners from their primary avenues of success, as outlined above, in favor of pushing the mortgagee to demonstrate that it owns the mortgage.

The Honorable Judge is also a member of a newly formed committee to look into foreclosure issues, and presumably to eventually offer solutions. I think we can all agree that it’s about freaking time our state Supreme Court has finally figured out that there is a problem! However, upon closer inspection of this “committee”, there are no homeowner advocacy groups or even any homeowners on it. The members are 6 judges (retired and currently hearing foreclosure cases), 5 attorneys (whose focus is in banking, creditor law and mortgage lending), 1 Senior Vice President of a bank, 1 university professor who teaches bailouts and business bankruptcy in addition to bankruptcy and consumer law, and 1 representative of the Attorney General’s office who is the Chief of their Consumer Protection Division. While it would appear that there are at least one or two members who would certainly look out for the homeowners and their rights, I’m sure many would question the impartiality of this “committee” considering how many of its members actively work in and around ensuring that banks continue to have their wishes become fact by gaming the system in their favor.

A couple of counties have created mediation rules in order to try resolving homeowner issues before it is too late and the state has been holding “Help for Homeowners” seminars for the last couple of years which really just prepares homeowners for the eventual fact that they will lose their homes, but many experts (and our President!) seem to finally be coming to the realization that

nobody knows who owns what in the largest market in the world, the US residential housing market

All of this smacks of the banks getting their way by not having to prove they have the legal standing to foreclose and evict people. And you might be right, except for this recent Illinois Appellate Court ruling:

In light of our holding, we need not address whether there were genuine issues of material fact regarding the basis for the Palladinos’ default and the enforceability of the mortgage and note.

For the foregoing reasons, we reverse the trial court’s grant of summary judgment in HSBC Bank’s favor and remand for further proceedings.

Reversed and remanded.

While this ruling reversed and remanded a case ruled on by Judge Gibson’s predecessor, I do know that the Honorable Judge has now started requiring banks to submit valid documents, but he is not ruling in favor of the defendant homeowners since he seems to only be rescheduling the court dates. The question is raised about this Judge’s impartiality since his actions in these cases only gives banks more time to “find” the correct paperwork and puts those homeowners who do have attorneys further into debt by dragging out the amount of time that they have to retain and pay for those services. We’ll see if he lets me ask those questions when I am next before him in my own foreclosure case at the end of this month.