The Long Echo of Inequality

A friend asked me to share some thoughts on race in wake of the Trayvon Martin shooting; these are those.  

It has been half a century since the primary struggle for racial equality was at its height.  Unlike many political issues that still confound and divide us, this primary struggle has been ended.  Overt racial discrimination is illegal, is generally recognized as immoral, and today it is the exception, rather than the rule.

However, issues of racial equality continue to echo in our time.  In some ways, our society remains racist, but has changed its vocabulary to carefully avoid that label.  We discuss the problems of urban youth, underprivileged youth, gang members, high-risk youth, ethnic communities, and racially diverse neighborhoods; what we mean, in many cases, is black.

Even that word, black, has become tainted.  In some circles one must carefully say “African-American,” as though the subject just arrived from Cameroon.  We don’t trouble ourselves about the distinction for white people; we are just white, not “Dutch-American,” or “Caucasian-American.”  It is lost on many people that by avoiding one word while embracing the other, we are underscoring that just-under-the-surface idea that there is something wrong about being black.

What we have become is a culture of racial code-words.  Many of us still hold prejudices, but we feel constrained from overtly expressing them.

When the story broke nationally this year about the shooting death of Trayvon Martin, this strange racial paradigm was on full display.  The shooter described Trayvon as looking suspicious, and “up to no good.”  He later told police that he felt threatened, even though Trayvon was much smaller than him, and unarmed (Skittles are not commonly used as weapons).

In code, Zimmerman was revealing that his suspicions were aroused by the presence of a young black walking around this “non-diverse” neighborhood.  The media focus on Trayvon’s attire- a black hoodie- shows our willingness to immediately find a symbol that is more associated with black than white culture, and hold it up for partial culpability.

I was particularly intrigued by Geraldo Rivera’s comment that black parents should not allow their children to go out in public wearing hoodies, since they might be associated with, well, hoodlums (in fact, there is no etymological association, as “hoodlum” is derived from a Bavarian word for “ragamuffin”).  It struck me that this is dangerously close to telling rape victims that they are partly to blame for wearing enticing attire.

It is a credit to our society and our national discourse that this crime, which was not overtly about race, has been discussed in the context of race and prejudice.  CNN audio-enhancement technology notwithstanding, there were no immediate indications that race played an obvious role in the shooting, but our media and our discourse saw right through that and quickly reached the deeper issue.  It is one that merits discussion.

We do have a problem with racism in this country, and it is related to the long echo of inequality.  One statistic often raised in support of racial profiling is the higher occurrence of crimes among members of the black community.  This oft-quoted statistic has to do with economics, and the long legacy of denied opportunity, and not some inherently-flawed characteristic associated with the black race.  If the races started on an equal footing, those statistics simply would not exist.

But, we did not.  Just a generation ago the opportunities available to black families and white families were curtailed by law, by custom, and by society writ large.  We cannot suddenly level the playing field and assume that we have undone the adverse effects of centuries of discrimination.

If there are inequalities in our crime rates, we need to uncover their cause and work towards their eradication, rather than focusing our suspicions on members of a suspect race.  Calling Zimmerman a racist for his behavior as a community watchman may be extreme, but the shoe certainly seems to fit.

-Andrew

Published in: on May 14, 2012 at 7:57 pm  Comments (1)  

Bill Clinton 2.0

If Obama loses to Mitt Romney this November, all is not lost

Now that Mitt Romney is the presumptive nominee for the Republicans, our media and news services will quickly pivot into their tradition of horse-race, he-said, she-said coverage, and all early indications suggest that this will be a closer contest than 2008.

Of course, they also said it would be a close contest in 2008…

So, for those of us who keep up with politics and follow elections closely, the season of worry and speculation has arrived.  While I remain confident that Obama will be re-elected, there is a small, dark voice in the back of my head that asks the fatal question, “what if Romney wins?”

With my internet malfunctioning and a few hours to think that one through, I arrived at a surprising answer:

It really won’t be so bad.

Now, let me briefly lay my political proclivities on the table, so you will understand where I’m coming from:  I’m a moderate Democrat, fiercely liberal on social issues, moderate-to-conservative on economic issues, and in a pinch I will vote my social issues.  I believe in universal, single-payer health care, gay marriage, and student loan forgiveness.

In other words, I’m a mainstream Democrat, with a few issues in the minority; I don’t change my mind on important issues if I learn that 60% of poll respondents disagree.

And THAT is precisely why I don’t fear a Romney presidency.  If elected, he will govern from the exact center on every important issue, and if something he believes strongly is opposed by 51% of us, he will decide to believe something else.

In many ways, Mitt Romney is Bill Clinton 2.0.  Clinton was rightfully criticized for triangulation; he would stake his claim to policy issues by finding that sweet spot, where a solid majority would be with him in most cases.  However, his was a static triangulation; when his majority support collapsed over health care, he still pursued it, and did not change his views to reflect the new majority.  He was a gambler, and he usually won, though he sometimes lost.

Romney has taken this approach to issues one step further.  On many issues that matter, he has changed his views depending on the electorate he faced, or the majority he sought to persuade.  Like Clinton, he does not display the strong leadership characteristics of Reagan or Bush II: he leads from behind, and like a presidential cab driver he will take the American people wherever it is they tell him to go.

It is hard to fault Romney for this approach, as it is the only way he could navigate the political path his ambition compels him to follow.  Running for governor in Massachusetts, he had to be a liberal, or he would have been trounced at the polls.  At the time he described himself as a progressive.  As a Republican primary candidate in 2008 and 2012, he switched sharply to the right, describing himself as “severely conservative.”    Now, as we enter a general election in which a moderate president faces a moderate electorate, one can predict that Romney will re-define himself with an Etch-a-Sketch shake towards the middle.

Don’t get me wrong, I’m still strongly supporting Obama, and believe he will be even more effective in his second term.  I am also confident that he will win.  However, it is somewhat reassuring to know that the alternative is not another Bush, but another Clinton.

-Andrew

Published in: on April 22, 2012 at 5:34 pm  Leave a Comment  

Darkness Constrained

Criticizing the transformation of one of my favorite authors, Anne Rice

There are a handful of authors whose style and storytelling is so appealing, I count them among my favorites.  With the exception of Bob Woodward, they are all fiction writers, and include such diverse authors as Charles Dickens, John Updike, John Steinbeck, Terry Pratchett, Tom Robbins, Stephen King, Herman Wouk, and Gore Vidal.  When I identify an author as a “favorite,” it becomes my goal to read their entire writings.   This is much easier with dead or retired writers, as modern authors have the annoying habit of releasing new material even after I have completed their existing bodies of work.

One of the first authors I “finished” reading was Anne Rice, most famously known for her vampire and witches chronicles.  Those familiar with Rice may not know that in addition to her well-known series, she has written a number of books that are, shall we say, risque, almost to the point of vulgarity.  In particular, her three-part take on the legend of Sleeping Beauty is suitable neither for children nor adults, and her decision to write it under a pseudonym was probably for the best.

Despite those vulgar mis-fires, the body of literature produced by Rice is compelling.  Before such authors as Stephanie Meyer remade vampires as teenagers full of angst, Rice crafted a vampire saga that explored the humanity of her characters, and believably described their reactions to and interactions with the preternatural forces they encounter throughout the stories.  In a parallel story-told world, that of the Mayfair Witches, Rice lavishly describes the experiences of a young girl with a mysterious family history, and follows her as she uncovers both its secrets, and her own.  The Witches saga, as well as the first five books of the vampire series (it continued a book or two past its expiration date), represent Rice at her best.

The elements that make Rice a compelling storyteller include her focus on the humanity of her superhuman characters, her ornamental descriptions of landscapes, people, and societies, and the edginess of her stories.  Undercurrents of the struggle between good and evil run through each of her novels, and her protagonists typically experience the ambiguity between those forces.  Though her early works were dark, they were not depressing, and her choice to make the “monsters” the protagonists gave her stories a freshness and originality that distinguished them from the classic Bram Stoker version of the vampire myths.

Following a near-death experience in the late 1990s, Rice underwent a spiritual reawakening, and returned to Christianity (during her early career, she was essentially athiest).  This was accompanied a few years later by a decision to stop writing about figures of darkness, and begin devoting her writing to telling the story of Jesus.  In her only non-fiction offering, a memoir entitled Called Out of Darkness, Rice explained that she realized a need to let go of the skepticism that was keeping her from the church, and to accept Jesus back into her life.  Since 2003, she has not published any more stories of the preternatural.

Instead, Rice has focused on telling plausible stories from the “lost years” of Jesus’ life, including the surprisingly readable Christ the Lord series.  It pains me to write this about an author I have admired for many years, but I believe that in making the decision to devote her writing to religious purposes, Anne Rice has lost her way.

This would be a much easier pronouncement if the religiously-themed novels were bad, but they’re not bad.  They’re actually pretty good, and that’s the problem.  Rice is an author of tremendous abilities, and when she combines her narrative style, her storytelling ability, and the edginess of her earlier works, she can write truly great novels.  Her recent stories lack that distinction.

I believe the problem with these recent books relates to the constraint imposed by working within a religious framework, particularly as it relates to literary themes.  Her earlier stories had thematic undercurrents that were engaging and controversial.  While Rice has described her early work as consistently narrating transformative quests by her protagonists, she also explores issues of sexuality, mortality, feminism, and philosophy.  The newer stories are much more constrained and predictable in their themes of temptation, sin, redemption, and immortality through faith.  The stories lack edge, and if they had been the first books from Anne Rice I had encountered, I probably would not count her among my favorites.

I want to stress that the Christ the Lord series, particularly for readers interested in history and the early life of Jesus, is readable, accessible, and avoids being preachy.  Rice does manage to entertain as she presents her message, but the message is there, it is predictable, and it is far less fun and compelling than her early works.  It also bears mentioning that Rice is an author very much engaged with her fans, and with the political and social issues of the day.  She embraces the controversy of both her earlier works, and her evolution past them.

My recommendation to anyone unfamiliar with Rice is to take a pass on both her newer works, and her more vulgar early works (Claiming of Sleeping Beauty Trilogy, Exit to Eden).  However, the Mayfair witches, the early vampire series, and a standalone entitled Belinda are tremendously effective stories, at once engaging and enthralling.  For my part, I will continue to stay current on Rice’s new works, and I remain optimistic that the force of her writing will eventually overcome the disadvantages she faces constraining her writing to Christian themes.

Her newest effort, an upcoming novel called The Wolf Gift, comes out in February.  I will keep my fingers crossed, but I won’t be holding my breath.

~Andrew

 

Published in: on December 3, 2011 at 6:23 pm  Leave a Comment  

Keeping up with the Rockefellers

Wherein I present a theory to explain the resistance to economic reform

After my last post about the disparity in wealth and income in this country, I have been giving some additional thought to the causes behind this inequity.  I’m not referring to the question of why wealth has concentrated in the hands of the few- that is the natural consequence of our economic framework and the regressive taxation of the last decade.  Rather, I have been puzzling over why the vast majority of people have not loudly demanded that the wealthy pay a fairer share of the nation’s tax burden.

I have a theory, and I want to briefly describe and explain it.  I call it aspirational identification.

In short, we all want to be rich.  In every aspect of our lives, we are bombarded with images glorifying wealth and luxury.  We are conditioned to desire expensive clothing, jewelry, vehicles, and homes.  Given the opportunity, millions would line up for the chance to participate in degrading game shows with the goal of winning a vast sum of money.  The internet plies us with get-rich-working-from-home schemes, penny stock market trading strategies, and other shortcuts to achieving enormous wealth.

By its very nature, an economic system based on competition encourages us to take risks, in order to earn big rewards.  Some succeed, most fail.  But that aspiration, our deep-seated urge to join the ranks of the wealthy, may go a long way to explaining why the middle- and lower-classes have such a difficult time making an enemy of the upper 1%.  We all want to be like them, and given the choice, we would join their ranks without a second thought.

While the average and even above-average earner cannot truly identify with the elite, our aspirations can.  When we become fabulously wealthy, we want an opportunity to enjoy the wealth, not turn over the bulk of it to the government for redistribution.  Even though most of us will never truly achieve financial plenty on the scale of the 1 percenters, we would like to believe that, should we beat the odds, we will enjoy the full benefits of our tremendous fortunes.

Unlike my previous post, I don’t have statistics or psychological studies to back up this theory; call it a “gut feeling.”  However, I believe it goes a long way towards understanding why it is so difficult to get those who are not wealthy to unite behind the premise that our economic future depends on requiring the super-rich to pay a greater share of the cost of running our nation.

~Andrew

Published in: on October 14, 2011 at 10:28 pm  Comments (1)  

Why the 99 Percent Have it Right

Exploring the merits of class warfare

When the Occupy Wall Street movement began to receive widespread media attention, its organizers and participants were accused by many on the right of engaging in “class warfare.”  This charge has been leveled against Democratic presidents, progressive tax reform proposals, and even get-out-the-vote initiatives.

The connotation of this charge is that currently, the classes are at peace, and any attempt to radically upset the balance of economic power on behalf of the lower and middle classes is an unfair, and unprovoked, attack on the wealthy.

However, by simply looking at the economic trends over the past thirty years, you can see that the wealthy have been conducting a rather one-sided form of class warfare for decades, and they are winning big.

I want to point out four trends that, taken together, demonstrate the extent and success of this war by the wealthy.

-The wealthy are paying much less in taxes than they did thirty years ago.  How much less?  The top rate has fallen from 70% to 35%.  Moreover, much upper class income is in the form of capital gains, taxed at only 15%.  The wealthy have used their political influence during the 1980s and the first decade of this century to dramatically reduce their personal contribution to the government.

-Despite the doubling of the US economy over the past three decades, wages have remained flat, if adjusted for inflation.  This means the masses’ purchasing power has not improved.  In recent years, we have maintained a higher standard of living mostly due to borrowing, but as credit lines have dried up, most people have had to reduce their lifestyle, some dramatically.  The same is not true of the wealthy; the top 1% now make 20% of the total income in our country.

-One result of the breakdown in our tax distribution and income distribution has been the concentration of wealth.  40% of our nation’s wealth is in the hands of 1% of its population.  Of all the data and statistics out there, I find this to be the most gut-wrenching.  99% of us have only 60% of our nation’s wealth.  Scary.

-Finally, as the result of our tax policies skewed towards protecting the wealthy, government services are contracting.  Schools are underfunded, especially at the university level.  The result is high tuition, often funded by (you guessed it!) student loans.  Our government cannot solve its fiscal deficit because half of our politicians will not consider any proposal that increases taxes, under any circumstances.

The middle class today is worse off than it was in 1980.  We are told that the government must spend less, and that we cannot rely on it for vital services, such as infrastructure or health care.  We are pitted against each other any time a new revenue-generating proposal is floated in Washington- the “no new taxes” line in the sand is as deep and potent as ever.  We are given distracting wedge issues, usually related to social policy, to keep the focus away from the blatant inequity in our nation’s wealth and income.

Most troubling of all, we are told that our country is becoming poor, and weak, and is unable to solve its fiscal problems.  We are told that we will soon be surpassed by other superpowers, and that our government is the problem, not the solution.  These assertions are, utterly and demonstrably, bullshit.

The wealthiest among us are doing pretty well for themselves, and should be asked to bear a fairer share of the costs of running a first-class nation.  We can afford to conduct the cutting-edge research we need to remain a world leader.  We can afford to educate our citizens.  We can afford the infrastructure we need to transition into the 21st century.  We can afford to provide everyone, no matter how wealthy or poor, with universal health care when they get sick, preventative care to prevent illness and disease, and medication when necessary.

The only thing holding us back is a small minority, holding a tremendous bulk of our nation’s treasure, and exercising a disproportionate amount of influence over our country’s political process.   The super-rich need to contribute their fair share, and help us climb out of our economic trouble by providing the money needed for real stimulus.  This is not socialism; it is fair, necessary, and fitting to a country ostensibly governed by and for the people.

-Andrew

Published in: on October 12, 2011 at 8:31 pm  Leave a Comment  

A Monopolistic Triple Play

Wherein I express my disgust with the modern cable industry.  

In a free economy, there is a persistent theory that competition drives innovation, controls prices, and generally leads to a better product or service for the consumer.  Ordinarily, this is because if a company charges too much, doesn’t offer the product/service in an effective way, or limits consumer options, people will shop elsewhere.  Even better, if a company comes along with an improvement on the product or service, they have a chance to win market share.   This theory completely breaks down when there is a lack of competition, and becomes completely irrelevant in a monopoly.

..which brings me to the subject of this thinly-veiled rant, Comcast.  Having lived on both sides of the country, however, I would imagine you can simply replace “Comcast” with the name of your local cable monopoly, as these practices are widespread.

At the outset, I want to note that Comcast is a monopoly, and has no competition in the cable industry here.  While they have television competition from satellite providers, phone competition from phone service providers, and internet competition from DSL, they are not competing on a level field.  Cable is the best and fastest way to deliver all of these services, satellite-television fanboys be damned.  And in this, there is no competition.

If Comcast were operating in a competitive market, they would lose customers for a variety of reasons.  Their service is spotty, their prices are high, and they do not offer flexible options for purchasing their services.  Moreover, their pricing scheme is absurd.

When a new customer signs up for cable service with Comcast, they are given a low “introductory” rate.  This typically lasts for six months.  After that, the bill can double, no joke.  What most people “in the know” do is wait until their introductory package rate ends, then call and threaten to cancel; this prompts the overseas customer service personnel to offer a new “introductory” rate for six more months.  Rinse, wash, repeat.  This model penalizes people for losing track of their term, and most people, myself included, only make the “threatening to cancel” call after receiving at least one large bill.

The options available to customers are incredibly constricted, as illustrated by this quick anecdote from last year’s basketball season.  My alma mater, the University of Kentucky Wildcats, were playing a rivalry game, and I had a free afternoon.  Since this was not a part of my “standard” three million channels, I figured I would have to pay-per-view it.  When I called Comcast, they told me that in order to watch the game, I would need to sign up for the “all access college pass,” or some such nonsense, for a price of $149, which would give me access to every single game televised anywhere in the country, all season long.  That was the only option.  All, or none.

That example is particularly interesting when you consider how cable works.  The provider does not pay more money per viewer; all the content has already been purchased, they simply gate-keep some users from viewing certain programming.  With a willing customer ready to shell out a few bucks for a single out-of-package program, a competitive market would insist upon reasonable pricing.

I recognize that there is a major hurdle in de-monopolizing the cable industry: it relies on infrastructure that runs into most homes in American cities.  Somebody has to own and maintain the lines.  In this regard, they are like power companies.  One can imagine a cable district, a quasi-governmental unit set up to operate with high efficiency, in a non-profit manner.  More plausibly, the cable providers should be more heavily regulated to ensure that they are offering customers more choices than the six-menu-option pricing scheme they have today, and that their profit margins are kept in check.

It is my sincerest hope that wireless technology will advance to the point of rendering reliance on cable obsolete.  I relish the idea of being un-tethered from Comcast, Insight, or any other cable monopoly.

~Andrew

Published in: on September 19, 2011 at 6:59 pm  Leave a Comment  

An Annotated Story of Dinah

Reviewing Anita Diamant’s The Red Tent

One of my favorite weekend activities is finding garage sales, especially ones advertising books.  It is simply amazing how many wonderful books one can acquire for just a dollar or two each by taking a few minutes to select them from boxes, shelves, and mats in people’s driveways.  There have been a few garage sales over the years that dramatically filled my shelves; one particular estate sale comes to mind in which Ashley and I could barely carry the boxes full of fifty-cent-each books.

Then, there are the other garage sales.

I think everyone who attends garage sales at some time or another has found themselves in this position: you drive up to the sale, and you’re the only ones there.  The offerings can be charitably described as “another man’s treasure,” but the eager owners are just so thrilled that you are there, and so eager that you find something you like.  It is at the same time awkward and sad, and as a buyer, I feel so much pressure to find something, anything, to buy, so we can move along while sparing the owners’ feelings.  Ashley and I have actually worked out a secret code for these situations, amounting to an S.O.S.;  if one of us starts whistling Tom’s Diner, it’s time to hit the road.

It was at just such a sale that I found Anita Diamant’s The Red Tent.  The garage sale ad had listed “lots of books,” which always piques my interest.  I understand that “lots” is not a particularly specific quantitative description, but it does put an idea in my head of boxes or shelves full of literature, with a few choice gems hiding, just waiting to be plucked out and added to my collection.  To this particular garage sale proprietor, “lots” meant four books.  Four.  We were there early, so it wasn’t that they had been sold already.  He literally had four books, and one of those was a decades-old school textbook.

As I always do when perusing any quantity, or lack thereof, of books, I started reading the back covers for a sense of whether the book would be interesting.  The Red Tent purported to be a different take on part of the bible story, fleshing out the story of Dinah, who is mentioned only briefly in the old testament’s “founding fathers” narrative (Abraham, Isaac, Jacob, Joseph, etc.).  Frankly, my first impression was not great, and I was preparing to put the book back, when the unmistakable whistled notes of Suzanne Vega’s only hit reached my ears.  I had two choices; pay a dollar for this book of questionable merit, or see the disappointed face of this homeowner as his only two prospects left empty-handed.

I’ve got to tell you, that was a very well-spent dollar.

The character of Dinah grows up in a world of women, which is represented by the red tent.  In biblical times, the red tent was where women gathered and lived during their monthly cycles, and when giving birth.  It was a place forbidden to men, and was at once a place of camaraderie, pain,  sisterhood, and storytelling.  The opening chapters narrate events that take place before Dinah is even born, but are described as the oral history she has been told about her family and its place in the world.

The time period of the novel starts with Jacob coming to Laban for a bride.  This is the famous biblical vignette in which he wants to marry Rachael, pays a bride price of a year’s labor, and then gets duped at the wedding and marries Leah instead.  The bible presents this as Laban’s trickery, but in The Red Tent it is the women driving the events, and a conspiracy among the women leads to this deception.

That device brings to mind The Mists of Avalon by Marion Zimmer Bradley.  In both stories, the authors have taken a fairly well-known legend and have re-narrated it from the female perspective.  Not only are the women the main characters in each story, but the famous events that take place and have been traditionally ascribed to men are shown to be directed by the women.

Dinah’s life story begins with her birth.  She is the only daughter of Leah, and only surviving daughter of Jacob.  She grows up with the siblings who will later become the tribes of Israel.  Diamant richly weaves details about the everyday life of women into her story, and the result is both compelling and believable.

The major biblical event involving Dinah, the massacre of her new husband’s village by her angry brothers, leads to a break between her and her family.  She leaves for Egypt in the company of her mother-in-law, and becomes an accomplished midwife.  Much later, she is surprised to find that the new chief adviser to the pharaoh is none other than her brother, Joseph.  With him, she travels back to Canaan to visit her father on his deathbed, where she learns that her story was not forgotten.

The best part of this novel by far is the period of time before the massacre.  Diamant has worked backwards from the one tragedy we know about Dinah and has created a richly-textured biography that is full of pain, joy, loss, pride, accomplishment, and satisfaction.  The latter part of the story, while not bad, does include a few Dickensian coincidences that help the author advance the plot; this comes across as somewhat sloppy.  However, it does not diminish the overall merit of the novel.

It was a bargain at a dollar, and worth far more.

~Andrew

Published in: on August 14, 2011 at 12:22 pm  Leave a Comment  

Kick Them When They’re Down

Wherein I discuss some of the scams and traps that cheat struggling homeowners out of money, and can cost them their homes

(insert cliche about how bad the economy is; we all know it’s pretty rotten right now)

In fact, for many homeowners the economic troubles have given them a double-barreled problem; first, home values are sometimes half what they used to be, so the houses are underwater.  Second, with reduced income, they often cannot afford to make the payments to service those high-balance loans.

The result is that, in unprecedented numbers, people are losing their homes to foreclosures, forced short-sales, or deeds-in-lieu-of-foreclosure.

As an attorney primarily practicing bankruptcy law, I meet with people on an almost daily basis who are at the end of their rope with their mortgage lender.  The sad truth is that not only will many of them lose their homes, a great many of them should never have gotten the home loans to begin with, and wouldn’t have gotten them if they, or the lenders, knew what would happen to housing values.

Though it is very popular to express hope that the government, or the mortgage industry, will help people stave off foreclosure, in many cases there is simply no salvaging the loan.  If even a reasonable payment on the property would be more than half of the borrower’s income, it is in nobody’s interest to prevent foreclosure or a short sale.  Homeownership is a worthy goal, but not everyone can or should afford to be a homeowner.

In many states, including California, the typical foreclosure involves the filing of public-record documents, including notices of default or of a pending trustee’s sale.  One side-effect of these public records is that cottage industries of “foreclosure prevention” services have cropped up around the country, and in many cases, they are scamming desperate people out of money at the precise time they need their money the most.

One of the most pervasive scams involves help with loan modifications.  In the past, I have worked with clients trying to get modifications, and have even handled some professionally.  Here’s what I learned through that experience: no attorney, and certainly no non-attorney, can consistently achieve better results than the borrower would achieve on their own.  There is no secret handshake that allows a loan to be modified; the bank requests documents, you provide documents, they either approve or deny relief.  Yes, the banks lose documents, and yes, they change their processes and give conflicting information.  They do the same thing to third-party modification companies.  Don’t confuse the bank’s ineptitude with your own inability to get the loan modified.

To be clear: if a modification can be achieved, you can attain one without help from anyone, especially anyone who wants to relieve you of several thousand dollars along the way.

Worse than the modification services, however, are the out-and-out scams.  These include forensic loan audits and ownership transfers.  In a forensic loan audit, the company charges the homeowner a hefty fee to review loan origination documents, and then tells the borrower about all sorts of heinous omissions and mistakes made by their lender.  This, they claim, will give the borrower leverage to get a loan modification, or even to sue the lender!  In the worst of these scams, the initial payment will only cover the audit itself, and then the company will ask for continued costs, such as $1,000 per month, in order to hire an attorney to sue the lender.  They tell the homeowner that this will indefinitely delay foreclosure.

Back when he was the state’s attorney general, Governor Jerry Brown filed a lawsuit against some of the largest forensic loan audit companies, accusing them of scamming millions of dollars from homeowners by promising things they could not deliver.  Make no mistake- these do not work.  The promises boil down to either a free house, which you will not get, or an indefinite delay in your foreclosure, which they cannot deliver.  The idea that the bank will be somehow forced to modify to avoid a lawsuit is simply not true.  Companies that promise to add you to a class action lawsuit against your lender are engaging in a similar type of scam, with big investments by the homeowner, big promises, and little if any chance of success.

The final scams involve deeding the property to third parties, often third parties involved in bankruptcy, to take advantage of bankruptcy protections and prevent foreclosure.   Unlike the other scams, which at their worst can cost money and emotional distress, this arrangement is certainly fraudulent, and possibly criminal.  You should never, under any circumstances, sign off on a transfer of ownership to a distressed property, unless it is agreed to by your lender.

I’m sure in a future post I’ll be discussing when and how bankruptcy can help preserve home ownership.  After all, it’s my profession, and I love what I do.  My purpose in posting this today is to warn people against the “too good to be true” scams that are preying on people who are desperate to keep their homes.  Before you spend a dime on foreclosure prevention, you should research the company, get a second opinion, and figure out exactly what your goal is, and what you realistically hope to achieve.  If it sounds too good to be true, (finish cliche here).

Published in: on August 3, 2011 at 6:06 pm  Leave a Comment  

Uncompromising

Wherein I explain the basis for my views on gay rights, and why this issue is different than most other political issues of our day

During my final year as an undergraduate, I had an experience that has deeply affected my view on social politics.  At the time, it immediately reinforced my position on one particular issue, but over time my reaction to this incident has colored my view on many political debates, and my political outlook more broadly.  I will be the first to admit my bias, and I am biased against certain conservative religious activists.  This story will explain why.

I was fortunate in the Spring of 2004 to secure an internship with my state senator, Ernesto Scorsone.  Scorsone represented the northern half of Lexington in the Kentucky Senate, and was viewed as a liberal member of the caucus.  The job was intensive, frenetic, and endlessly satisfying for a 21 year old with boundless energy and optimism.  The year prior to my internship, Scorsone had also finally made public what many long knew; he became Kentucky’s first openly gay senator.

If you can think back to 2004, that was the year of the marriage ballot initiatives.  In many states, religious conservatives were sponsoring constitutional amendments to specifically ban gay marriage.  As both a gay legislator and a liberally minded one, Scorsone vigorously opposed the measure, but in conservative Kentucky, it seemed fated to pass.

On one particular day during the session, the bill’s supporters came to rally from all over the state.  Churches sponsored buses to bring hundreds of activists to bear, and they crowded the Frankfort Capitol to demand passage “in the defense of marriage.”

In my mind’s eye I can still see these folks, best described as an angry mob.  They cloaked their views as being pro-family and pro-tradition, but we all knew why they were there.  They both hated and feared homosexuality and homosexuals, and saw in the gradual societal acceptance of gays and lesbians a challenge to their established worldview.  This group brought to mind the quote of William James, “A  great many people think they are thinking when they are merely rearranging their prejudices.”

In retrospect, it is clear to me that in Ernesto Scorsone they saw a fitting object for their hatred.  A gay man, a liberal, representing a community largely comprised of minorities.  As Scorsone’s only intern during that term, I was easily identified with him, and felt their venom directed at me, also.

During the course of the day, I would frequently run messages back and forth between the Senate and the Assembly, whose respective chambers book-ended the main hall of the Capitol.  Each time, I had to pass through this mob, listening to their insults, their paranoia on full display, their fear and hate made more urgent and more extreme by their numbers.

In the early afternoon, as I was navigating a path through this crowd on my way back to the Senate chamber, an older man in need of both a laundering and a dentist leaned close to me and said “you people make me sick!”  As I moved to pass him, he spit at me, a large goober that thankfully missed my face, but spoiled my tie.

I spent the balance of the day defiant, giving an interview to the local newspaper and trying, though in futility, to use this incident to highlight why the bill was misguided.  It was a day of high passion and drama, and it has left a mark on my political outlook that persists to this day.

Never before have constitutions been amended to specifically deny rights to a group of people.  The “debate” about gay rights is not really a debate at all: it is and has always been a core civil rights issue, perhaps the only issue our parents’ generation left virtually untouched for ours to tackle.  Gay marriage does not cheapen straight marriage.  It does not deny people their religious beliefs.  If a church decides to refuse to conduct gay marriages in its facility, it can do so, as many churches refuse to participate in inter-faith unions.  However, a government that permits adults to enter into a special legal relationship with their chosen partner should not be in the business of withholding that right from certain classes of people.

During the next generation, young people will ask us incredulously if we remember when being anti-gay was commonplace among politicians, and was a socially acceptable thing to be.   Make no mistake- those who would deny gays and lesbians equal rights in any area of the law are not pro-family, pro-religion, or pro-anything else.  They are anti-gay.  As a court in Los Angeles recently opined, there is no rational basis at all for denying equal rights to gays and lesbians simply because of their sexuality.

As I hope I have made perfectly clear, I have very strong views on this topic, and it is perhaps the only political issue on which I will not “agree to disagree.”  It is both moral and political, and on this one there are no fuzzy boundaries.  To co-opt the ultimatum usually used by conservatives, you’re either with us, or you’re against us.

The 2004 incident in Frankfort has also colored my view in general of religious conservatives in the US South.  It played a significant role in my decision to relocate after college to California, which has a reputation for being more accepting and less religiously fervent.  To be sure, there are thoughtful religious conservatives, and while I may disagree with their positions, they can at least articulate them well.  They were not in evidence on that Spring day in Frankfort.  Rather, the people I observed appeared as a stereotypical and stereotyping angry mob.  They were incited by political leaders who told them what to think and made their legislative proposal fit neatly into the mob’s preconceived worldview.

I perceived a great deal of hatred and venom resting just beneath the surface of these conservatives, and it only took a carefully stated wedge issue to bring it out in force.  I see echoes of this in many people’s response to Barack Obama, to Nancy Pelosi, to the new health care law, to the deficit proposal.  They do not oppose things or debate things; they hate things.  They yell, and curse, and spit to make their passion felt.  I fear for what this active and angry minority would do if directly incited to violence.

Gradually, I believe education and what Thomas Friedman calls “the flattening of the world” will erode the strength of the narrow-minded, as exposure to the broader world of diverse people breeds acceptance and understanding.  It cannot happen quickly enough.

~Andrew

Published in: on July 27, 2011 at 11:41 pm  Comments (2)  

The Pleasure of Reading Dorian Gray

Wherein I explain why Oscar Wilde’s The Picture of Dorian Gray is my favorite novel so far

Reading a book in public can invite querulous snippets of conversation.  This alternatively welcome and unwelcome truth can interrupt the flow of a good book, but does result in human contact in such unlikely places as, say, a MUNI bus.  Often, the interrupting stranger simply inquires as to the title, nods or grunts in satisfaction at the reply, and rejoins the anonymous scenery of the city’s background.  Other times, the question and answer spark the tinder of a real conversation.

One question I have been asked countless times in those conversations always catches me off guard: what is your favorite book?  I have learned not to respond with what comes naturally, which is “favorite book of what kind?”  That tends to confuse people.  So, I have accepted that it is socially aberrant to be unable to identify the one book that stands out among all other and is worthy of the title “favorite.”

For about two years, my favorite book was The Count of Monte Cristo by Alexandre Dumas.  For anyone unfamiliar, he is the author best known for The Three Musketeers and The Man in the Iron Mask.  The Count of Monte Cristo, much different from these other stories, details the protagonist’s careful, meticulous, and ultimately gut-wrenching revenge on his former lover, and the friend who betrayed him.  The revenge tale is brilliantly conceived, indulgent in detail, and very satisfying.

When I first picked up The Picture of Dorian Gray, the only novel written by playwright Oscar Wilde, I was underwhelmed.  The publishers of my particular copy used such brilliant literary devices as small pages, unnecessarily long chapter spacing, and courier new font to buff the book out to its still modest 164 pages.  My previous knowledge of Oscar Wilde consisted in large part of witty quotations, and the overall impression that if one looked up the old noun “dandy” in an illustrated dictionary, his image would appear.  However, the book had found its way into my hands, and I figured that reading it would be a one-sitting venture, and would add another so-called classic to my list.

As it turned out, the book took me nearly a week to read.  The reason is not that the book is difficult to understand, or dense, or confusing.  Rather, I found on every other page a passage or excerpt that was so amusing, so insightful, or so profound that I would stop reading, mark the page, and seek out my wife so I could share it with her.  I quoted it to my parents, to my friends, even to some of my coworkers.  The writing was so good, the ideas and observations so on-point, that I simply could not read it quickly.

The plot of the story is a good one.  An artist paints a portrait of a young man, Dorian Gray.  The subject believes it is a great work, but he remarks sadly that it is a shame that he will grow old and his good looks will fade, but the picture will remain young and handsome.  He laments that it cannot be the other way around.

Of course, the story’s device is that things do become the other way around.  The picture ages, and Dorian does not.  As he becomes morally depraved, it is the features of the picture, not his own, that show the signs of a hard life.  The face in the picture becomes cruel, older, withered; Dorian remains young and unblemished.

There is a particularly good representative scene in which a man confronts Dorian for wronging a female relation of his some years past.  Faced with being beaten or killed by the angry relative, Dorian insists that he be taken in front of a streetlight.  When the man sees his illuminated face, he remarks that this must be the wrong person, for nobody who committed such a cruel act so long ago could still be so young and innocent-looking.

Throughout the short novel, Dorian struggles against a life of depravity, though he outwardly expresses his desire to be good.  In the end, he destroys the picture, and it returns to its original, youthful state, while his body is transformed into the monster he has truly become.

Though the guilty pleasure of The Count of Monte Cristo is superior in many other technical respects, I have never thoroughly enjoyed reading a book as much as I did The Picture of Dorian Gray.  It is a refreshing, thought-provoking, and worthwhile read.

~Andrew

Published in: on July 26, 2011 at 3:54 am  Leave a Comment