Posts Tagged ‘In the News’

The Advertised Auction of 115 Cottonwood Street

My joyful descent into holiday weekend relaxation mode was interrupted by a Friday afternoon news story that caught my attention.  Harmon Law Offices, a Massachusetts law firm, placed an ad in the New Bedford Standard Times announcing a land sale in Fairhaven.

The advertisement stated that the land “…shall not be sold, leased or rented to any person other than of the Caucasian race or to any entity of which any person other than of said race shall be a member, stockholder, officer or director.”

In a statement issued to FOX25, Harmon Law Offices said: “This notice involves a restriction that a previous owner placed on the property. We do not condone the language and do not believe that it would be enforceable. It is industry practice to include in the notice of sale the exact legal description as set forth in the mortgage. We have removed the language for future legal notices.”

As I mentioned on Twitter, and as I’ve been thinking about on the weekend, this news story raises a number of issues. (more…)

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Massachusetts Commission Against Discrimination Launches Investigation into Advertised “Caucasion Only” Land Sale

Click the link below to read the press release from the Massachusetts Commission Against Discrimination about the “caucaisan only” land foreclosure auction sale advertised in the New Bedford Standard Times.

Twice.

Follow us on Twitter for more as this story develops (which oddly, took root at 3pm on a Friday afternoon of a long weekend that I think most people – including yours truly – really needs.)

Press Release, MCAD

Hat Tip to Fox 25.

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Under Water, Walking Away & My Two Cents

Over the holiday weekend, there were a number of press reports about a discussion paper, Under Water and Not Walking Away: Shame, Fear and the Social Management of the Housing CrisisReportedly Brent T. White, an Associate Professor at the University of Arizona’s James E. Rogers College of Law advocates that homeowners who are underwater (meaning, the outstanding mortgage balance[s] is more than the value of the home…is now, or in some cases, will ever be) should simply walk away from their obligations and not look back without feeling a bit of guilt.  Obviously this all got my attention, but before I took to this here blog and declared “You Have Got to be Kidding Me!” (which at first glance seemed like the most expedient way to address it), I opted to read the discussion paper (rather than just the abstract).  Before you click the link below, pour yourself a fresh cup of tea.

Here’s my take:

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Lending to Unemployed: Frankly, There’s Got to be a Better Way

Yesterday I tweeted about Barney Frank’s idea of giving unemployed homeowners access to low interest loans.  The theory is that it help fills a gap in the Obama Administration’s plan to address foreclosures caused by unemployment.  I think this is a bad idea (and a bit of mid-term election posturing).  And I think there’s a sounder way to help unemployed homeowners. (more…)

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Social Networking Sites and Bankruptcy: The Intersection is Dead Ahead

There are a growing number of social networking sites out there on the world-wide-interwebs that people are latching onto.   In fact, both the firm and I have latched onto Facebook (we just lauched our Fan page this week!).  So I was intrigued after recently reading that a growing number of domestic relations attorneys were beginning to scour sites like Facebook in an effort to get information on opposing parties.  At first, I found it merely interesting as I once practiced domestic relations law.  But the subject gnawed on me for several days.   Then, earlier this week, I read that collection agencies are trolling sites like Facebook looking for debtors.  Then it dawned on me: if collectors are doing it, and divorce attorneys are doing it, there really is nothing stopping any party in any legal case from looking into Facebook or other social networking sites in an effort to gain a legal advantage of any opposing party.  And this rings true in the world of bankruptcy.

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The Sunday News

A fellow bankruptcy attorney shared this article that appeared in last month’s New York Times Magazine.  I see in it some of the same difficulties I see in clients.  It also makes me question how “half-empty” the glass really is.  Although in the interest of full disclosure, the writer has a book coming out.  In other news…

ONE FLAG! Six Flags Amusement Parks files for Chapter 11 protection.

Nashua NH Telegraph:  Welcome to the New Consumer Economy.

Boston Herald:  Consumer spending may never be the same as it was.

South Coast: Home values could take years to recover.  We also could be hitting bottom (I’m not being sarcastic, it says the market “could be a reading a valley”).  I could also be a ledge (ok, that was sarcastic).

Nantucket foreclosures.  I wonder if these homeowners claim their loan was predatory?  I also have to question whether it was.

A bad apple is removed from the barrel: Brockton lawyer settles fraud suit with the Massachusetts Attorney General’s office.

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The Recession is Not Over, Take 2

My good friend and my bookkeeper has told me that she has seen the economy declining for a number of years, based on what she has seen with her clients and their vendors.  “In fact,” she once told me “I can tell how bad it is really getting by how easy it is to find a parking space on Newbury Street.”

According to a report in today’s Boston Globe, the Pottery Barn is closing its Newbury Street store.

“It’s surprising to see some one like Pottery Barn go. But there’s been so many stores leaving,” said Debbie Greenberg, owner of upscale boutique Louis Boston, which is planning to vacate its landmark Newbury Street space by next spring for another neighborhood. “The rents went up so high, and then only the stores that could afford it came, making it look like the same street in Chicago and Dallas. It’s not original anymore.”

Looks like finding a parking space on Newbury Street just got a little easier.  And after Louis Boston moves, it perhaps will get even moreso.

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ABC News: “The Recession is Almost Over”

I kid you not.  According to ABC News:

There is a growing belief among financial experts that the recession is over.

Barry Knapp, a strategist at Barclays Capital, wrote recently that the economy appears “to be in the sweet spot of a recovery” and that the recession may have ended last month, according to Bloomberg News.

Liz Ann Sonders, chief investment strategist at Charles Schwab, said on “Good Morning America” today that she agrees with that conclusion

So far, there are a little over 200 comments to this story.  Most of them do not agree with the sentiments in the report.  I think it’s fair to count me in with those who do not agree.

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Still Considering Debt Settlement?

In the past, I have written and warned readers here about it.  It is simply not all it is cracked up to be.  From CBS News/The Early Show:

[C]onsumer advocates warn that a majority of the companies can’t or won’t deliver on their promises to reduce your debt. The National Foundation for Credit Counseling recently explained that, “A settlement company may suggest that you stop paying your creditors and instead begin making deposits into a special third-party account. The settlement company will attempt to negotiate a settlement offer with your creditor once enough money relative to the debt is on deposit. This may take six months or more, although the exact length of time will vary with circumstances. During this time, the balance on your debt can continue to grow if interest and various penalty fees continue to be charged by your creditor. As a result, you may owe more than when you started and your credit may suffer.”

Even worse, there have been many instances where none of this money ever makes it to creditors — the companies simply steal it, Gibbons points out. Plus, a growing number of credit card companies refuse to work with debt settlement groups. Of course, a group probably won’t tell you that until after you’ve paid them.

More here.

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The Cramdown Bill is Dead

From MSNBC:

A dozen Democrats joined Republicans in the 45-51 vote to scuttle the bill, which Obama had said was important to saving the economy and promised to push through Congress. But facing stiff opposition from banks, Obama did little to pressure lawmakers who worried it would encourage bankruptcy filings and spike interest rates.

More here.

I remind everyone that next year, 2010, is an election year.  If you want to know who to blame, here’s the roll call vote.

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