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The Voice of the White House
Washington,
D.C., March 7, 2010: “Today, I have two subjects to discuss. The
first deals with the so-called “Fake Ft. Knox Gold Bars.” This,
very simply, in just another Chinese ripoff of the hated West and a
means of striking back at the United States for Obama’s raising
the interest rate on U.S. Treasury notes, an act which caused the
Chinese to howl with rage because this in effect cheapened billions
of dollars of such notes they were holding. Obama needed more money
to finance his recovery programs so he ignored the Chinese demands.
Vindictive as well as totally crooked, the government in Beijing
then ordered the preparation of over 5,000 400 oz fake gold bars.
These were made of gold-plated tungsten (which weighs almost the
same as gold) and stamped with fake U.S. Treasury markings. The
Chinese then exported their counterfeits all over the world to pay
for oil and other badly needed products. Like their massive
counterfeiting of U.S. gold and silver coins, the greedy Celestials
made a serious error and that was their use of provable fake numbers
on each bar. While these bars, like the Chinese gold American coins,
may look original, the reduced weight of the former and the wrong
serial number of the latter caught them. As soon as word of the fake
gold bars spread, the Chinese began to howl that they had been
robbed and tricked by the evil Americans sending them terrible
fakes. Unfortunately for them,,the world banks were able to clearly
identify these fakes and all of them were traced back to China.
Ethopia, Iran and other countries were notified that their deposits
of gold were fake and were being returned to them. China, through
bought and paid for pseudo-“Experts” in the West started a flood
of stories designed to shift the blame for their own faking onto the
United States. As China has a well-earned reputation for fraud and
counterfeiting, their laments went largely unbelieved by the
world’s banking system. Upon request, the U.S. Treasuiry can
authenticate, or denounce as fake, these bars by a simple check of
the numbers. Purchasers of the flood of fake Chinese gold U.S. coins
can do the same thing by simply weighing any suspect coin. The
Chinese fakes, while visually correct, never weigh the same because
the Chinese, typically, short the gold or silver content and then
plate the fake with 24 caret gold, giving it the outward appearance
of an original piece. It is estimated that China has faked and
exported tons of fakes. And this subjece leads me into the second
one. When the mortgage crooks cooked up their falsified credit
reports, enabling the poor to buy nice houses, these fake and
worthless mortgages were mixed in with.sound ones, “bundled” by
crooked banks and shoved offshore onto unsuspecting foreign
investors, banks and government archives. China was by far and away
the largest buyer of these items and the growing knowledge that the
MERS-protected mortgage packages are worthless is another reason why
China is increasing what is obviously a major trade war against this
countty.
It
is known, though never openly discussed in public, that the
mastermind behind the mortgage fraud was one Alan G. Shapiro who, it
is conservatively estimated, made off with over $200 billion
dollars, far more than the $74 billion his friend and fellow crook
Bernie Madoff bagged. And like Bernie, Alan stashed all his loot in
Israeli banks where no one can ever get at it. I intend to publish a
lengthy and very confidential report on Shapiro, a heavy cash
supporter of George W. Bush and his gang. About 3,000 financial
services firms pay annual fees for access to MERS, which has 44
employees and is owned by two dozen of the nation's largest lenders,
including Citigroup, JPMorgan Chase and Wells Fargo. It was the
brainchild of the Mortgage Bankers Association, along with Fannie
Mae, Freddie Mac and Ginnie Mae, the mortgage finance giants, who
produced a white paper in 1993 on the need to modernize the trading
of mortgages.”
http://lawprofessors.typepad.com/bankruptcyprof_blog/2009/04/ny-times-article-on-the-ins-and-outs-of-mers.html
As an illustration of some of the Shapiro-formulated MERS
activities, I am enclosing an actual court case that is very
revealing. I have about sixty of these and am preparing them for
publication:
NEW
YORK COURT OF APPEALS
2006
NY Int. 167
This
opinion is uncorrected and subject to revision before publication in
the Official Reports.
2006
NY Slip Op 09500
Decided
on December 19, 2006
No.
179
In
the Matter of Merscorp, Inc., et al., Respondents,
v
Edward
P. Romaine, & c., et al., Appellants, et al., Defendant.
Richard
C. Cahn, for appellants.
Charles
C. Martorana, for respondents.
Mortgage
Bankers Association; American Land Title
Association;
Federal National Mortgage Association et al.;
South
Brooklyn Legal Services et al.; County Clerks of the
Counties
of Albany, & c., amici curiae.
PIGOTT,
J.
We
are asked to decide on this appeal whether the Suffolk County Clerk 1
is compelled to record and index mortgages, assignments of mortgage
and discharges of mortgage, which name Mortgage Electronic
Registration Systems, Inc. the lender's nominee or mortgagee of
record.
Petitioners,
Merscorp, Inc. and Mortgage Electronic Registration Systems,
Inc.(collectively "MERS"), commenced this hybrid
proceeding in the nature of mandamus to compel the Clerk to record
and index the instruments, and to declare them acceptable for
recording and indexing.
Supreme
Court denied in part petitioners' motion for summary judgment and
granted in part the cross-motion of respondents, the Suffolk County
Clerk and the County of Suffolk (collectively "the
County"), holding that although the Clerk must record and index
the MERS mortgage when presented, the Clerk may refuse to record a
MERS assignment and discharge, because those instruments violate the
"factual mandates" of section 321 (3) of the Real Property
Law.
The
Appellate Division reversed so much of Supreme Court's ruling as
relates to the assignments and discharges, finding "no valid
distinction between MERS mortgages and MERS assignments and
discharges for purposes of recording and indexing" (24 AD3d 673
[2nd Dept 2005]). This Court granted leave and we now affirm.
In
1993, the MERS system was created by several large participants in
the real estate mortgage industry 2
to track ownership interests in residential mortgages. Mortgage
lenders and other entities,3
known as MERS members, subscribe to the MERS system and pay annual
fees for the electronic processing and tracking of ownership and
transfers of mortgages. Members contractually agree to appoint MERS
to act as their common agent on all mortgages they register in the
MERS system.
The
initial MERS mortgage is recorded in the County Clerk's office with
"Mortgage Electronic Registration Systems, Inc." named as
the lender's nominee or mortgagee of record on the instrument.
During the lifetime of the mortgage, the beneficial ownership
interest or servicing rights may be transferred among MERS members
("MERS assignments"), but these assignments are not
publicly recorded; instead they are tracked electronically in MERS's
private system 4.
In the MERS system, the mortgagor is notified of transfers of
servicing rights pursuant to the Truth in Lending Act, but not
necessarily of assignments of the beneficial interest in the
mortgage.
In
April 2001, in response to an informal opinion of the Attorney
General, which concluded that recording a MERS instrument violates
Real Property Law § 316 and frustrates the legislative intent of
the recording provisions (2001 Ops Atty Gen No. 2001-2), the Suffolk
County Clerk ceased recording the MERS instruments. This proceeding
ensued.
The
County contends that the MERS mortgage is improper because that
mortgage names MERS, an entity that has no interest in the property
or loan, as the "nominee" for the lender. Thus, the County
contends MERS is not a proper "mortgagee" and the document
created cannot be considered a proper "conveyance" for
purposes of the recording statute. We disagree.
Section
291 of the Real Property Law provides, in pertinent part, that:
"a
conveyance of real property, within the state, on being duly
acknowledged by the person executing the same, or proved as required
by [the Real Property Law], and such acknowledgment or proof duly
certified when required by [such law], may be recorded in the office
of the clerk of the county where such real property is situated, and
such county clerk shall, upon the request of any party, on tender of
the lawful fees therefor, record the same in his said office"
[emphasis
added].
Real
Property Law § 316-a, which pertains exclusively to Suffolk County,
provides that "[e]very instrument affecting real estate or
chattels real, situated in the county of Suffolk, which shall be, or
which shall have been recorded in the office of the clerk of said
county on and after the first day of January, nineteen hundred
fifty-one, shall be recorded and indexed pursuant to the provisions
of this act"(emphasis added).
Thus,
sections 291 and 316-a of the Real Property Law impose upon the
Suffolk County Clerk the ministerial duty of recording and indexing
instruments affecting real property (see Real Property Law §§
290[3], 291, 316-a[1, 2], 321 [1]; County
Law § 525[1]). The Clerk lacks the statutory authority
to look beyond an instrument that otherwise satisfies the limited
requirements of the recording statute (see Putnam v Stewart, 97
NY 411 [1884]). Therefore, the County Clerk must accept
the MERS mortgage when presented for recording.
With
respect to the MERS assignments and discharges of mortgage, the
County argues that by requiring the Clerk to record the instrument,
the Clerk is recording a document that ignores the mandates
prescribed by Real Property Law § 321.
Section
321(1)(a) provides that where it does not appear from the record
that any interest in a mortgage has been assigned, a certificate of
satisfaction must be signed by the mortgagee or the mortgagee's
personal representative in order for the recording officer to mark
the record of the mortgage as "discharged." Where it
appears from the record that a mortgage has been assigned, the
recording officer cannot mark the record of that mortgage with the
word "discharged" unless a certificate is signed by
"the person who appears from the record to be the last
assignee" of the mortgage, or his or her personal
representative (Real Property Law § 321[1][b]). As the nominee for
the mortgagee of record or for the last assignee, MERS acknowledges
the instrument and therefore, the County Clerk is required to file
and record the instruments.
Other
provisions are not to the contrary. Under section 321 [2], the Clerk
is required to record "every other instrument relating to a
mortgage," if that instrument is properly acknowledged or
proved in a manner entitling a conveyance to be recorded. Such
instruments include "certificates purporting to discharge a
mortgage" that are signed by persons other than those specified
in Real Property Law § 321(1).
Further,
section 321 (3) of the Real Property Law provides:
"Every
certificate presented to the recording officer shall be executed and
acknowledged or proved in like manner as to entitle a conveyance to
be recorded. If the mortgage has been assigned, in whole or in part,
the certificate shall set forth the date of each assignment in the
chain of title of the person or persons signing the certificate, the
names of the assignor and assignee, the interest assigned, and, if
the assignment has been recorded, the book and page where it has
been recorded or the serial number of such record; or if the
assignment is being recorded simultaneously with the certificate of
discharge, the certificate of discharge shall so state. If the
mortgage has not been assigned of record, the certificate shall so
state"
[emphasis
added].
Notably,
section 321 (3) does not call for the unrecorded MERS assignments to
be listed on the MERS discharge. Rather, under the statute, the
discharge is required either to list the assignment by the name of
the assignor and assignee, the interest assigned, and the book and
page number, where recorded, or, if the assignment has not been
recorded, to "so state."
The
legislative history of the statute supports this interpretation. In
1951, Real Property Law section 321 (3) was amended to, among other
things, insert the term "of record" (L 1951, c 159, § 1).
The relevant memoranda submitted to the Legislature in connection
with the amendment indicate that the term was inserted to
"correct a difficulty" in complying with the statute (see
e.g. Memorandum by the Executive Secretary and Director of Research
of the Law Revision Committee in support of Bill in Senate). Prior
to the amendment, the statute required that a discharge certificate
presented to the County Clerk either list all of the assignments in
the chain of title or state that the mortgage was unassigned 5.
However, problems developed when an assignment, known to the person
executing the discharge, was not in the chain of title. In those
situations, the person executing the discharge would make the untrue
statement that the mortgage was unassigned. Thus, the Legislature
amended the statute allowing the discharge certificate to either
list the assignments in the chain of title or to state that the
assignment has not been made "of record". The MERS
discharge complies with the statute by stating that the "[m]ortgage
has not been further assigned of record" and, therefore, the
County Clerk is required to accept the MERS assignments and
discharges of mortgage for recording.
Accordingly,
the order of the Appellate Division should be affirmed with costs.
CIPARICK,
J.(concurring):
I
am constrained to agree with the result reached by the majority
opinion. However, I write independently to highlight the narrow
breadth of this holding and to point out that this issue may be ripe
for legislative consideration.
I
concur with the majority that the Clerk's role is merely ministerial
in nature and that since the documents sought to be recorded appear,
for the most part, to comply with the recording statutes, MERS is
entitled to an order directing the clerk to accept and record the
subject documents. I wish to note, however, that to the extent that
the County and various amici argue that MERS has violated the clear
prohibition against separating a lien from its debt and that MERS
does not have standing to bring foreclosure actions, those issues
remain for another day (see e.g. Merritt v Bartholick, 36
NY 44, 45 [1867]["a transfer of the mortgage without
the debt is a nullity, and no interest is acquired by it"]).
In
addition to these substantive issues, a plethora of policy arguments
have surfaced during the pendency of this proceeding. For instance,
if MERS succeeds in its goal of monopolizing the mortgage nominee
market, it will have effectively usurped the role of the County
Clerk that inevitably would result in a county's recording fee
revenue being substantially diverted to a private entity.
Additionally, MERS's success will arguably detract from the amount
of public data available concerning mortgage ownership that
otherwise offers a wealth of statistics that are used to analyze
trends in lending practices. Another concern raised is that, once an
assignment of the mortgage is made, it can be difficult, if not
impossible, for a homeowner to find out the true identity of the
loan holder. Amici who submitted briefs in favor of the County argue
that this can effectively insulate a note holder from liability and
further that it encourages predatory lending practices.
Unquestionably
there is considerable public value in allowing seamless assignments
of mortgages in a secondary market. However, whether this benefit
will outweigh the negative consequences cannot be ascertained by
this Court. Thus, as the recording act, which as relevant here has
not been substantially amended in the last 50 years, could not have
envisioned such a system nor its ancillary impacts, I feel that such
a decision is best left in the hands of the Legislature.
M/O
Merscorp. v Romaine
No.
179
KAYE,
Chief Judge (dissenting in part):
In
1993, members of the real estate mortgage industry created MERS, an
electronic registration system for mortgages. Its purpose is to
streamline the mortgage process by eliminating the need to prepare
and record paper assignments of mortgage, as had been done for
hundreds of years. To accomplish this goal, MERS acts as nominee and
as mortgagee of record for its members nationwide and appoints
itself nominee, as mortgagee, for its members' successors and
assigns, thereby remaining nominal mortgagee of record no matter how
many times loan servicing, or the mortgage itself, may be
transferred. MERS hopes to register every residential and commercial
home loan nationwide on its electronic system.
But
the MERS system, developed as a tool for banks and title companies,
does not entirely fit within the purpose of the Recording Act, which
was enacted to "protect the rights of innocent purchasers . . .
without knowledge of prior encumbrances" and to "establish
a public record which would furnish potential purchasers with
notice, or at least 'constructive notice', of previous
conveyances" (Andy Assocs. v Bankers Trust Co., 49
NY2d 13, 20 [1979]; see Witter v Taggert, 78
NY2d 234, 238 [1991]). It is the incongruity between the
needs of the modern electronic secondary mortgage market and our
venerable real property laws regulating the market that frames the
issue before us.
I
The
Suffolk County Clerk, pursuant to the Recording Act, has a duty to
record conveyances that are "entitled to be recorded"
(Real Property Law § 316-a [5]), and to discharge mortgages when
presented with a validly executed and acknowledged certificate of
discharge (Real Property Law § 321). Thus, as part of this
ministerial duty, the Clerk is called upon to examine an instrument
to see that it is, facially, a "conveyance" of real
property or to see that the certificate of discharge complies with
the statutory mandates. "The performance of his uniform
clerical duty requires him to compare the instruments which come to
his possession for record . . . and certify as to the identity of
their physical contents. Such a certificate does not involve the
expression of an opinion, but calls for the statement of a fact
capable of absolute demonstration" (Putnam v Stewart, 97
NY 411, 418 [1884]).
When
presented with a MERS mortgage to record, the Clerk is able to
discern from the face of the instrument that MERS has been
appointed, as nominee, "mortgagee of record." As the
instrument appears to reflect a valid conveyance (Real Property Law
§ 290 [3]), the Clerk is required to record the instrument in MERS'
name "as nominee for lender" (Real Property Law § 291).
Given that the identity of the actual lender is ascertainable from
the mortgage document itself — indeed, the use of a nominee as the
equivalent of an agent for the lender is apparent, and not unusual
— I concur with the majority that the Clerk is obligated to record
MERS mortgages.1
When
presented with a certificate of discharge, however, the Clerk has
the duty to examine the mortgage's prior assignments. The Clerk
collects fees precisely for this purpose (Real Property Law § 321
[3] ["the fee or fees which the recording officer is entitled
to receive for filing and entering a certificate of discharge of a
mortgage and examining assignments of such mortgage shall be payable
with respect to each mortgage"]). Section 321 (3) of the Real
Property Law further provides:
"Every
certificate presented to the recording officer shall be executed and
acknowledged or proved in like manner as to entitle a conveyance to
be recorded. If the mortgage has been assigned, in whole or in part,
the certificate shall set forth the date of each assignment in the
chain of title of the person or persons signing the certificate, the
names of the assignor or assignee, the interest assigned, and, if
the assignment has been recorded, the book and page where it has
been recorded or the serial number of such record; or if the
mortgage is being recorded simultaneously with the certificate of
discharge, the certificate of discharge shall so state. If the
mortgage has not been assigned of record, the certificate shall so
state"
(emphasis
added).
"[W]here
the statutory language is clear and unambiguous, the court should
construe it so as to give effect to the plain meaning of the words
used" (Raritan Dev. Corp. v Silva, 91
NY2d 98, 107 [1997][emphasis and citations omitted]).
Plainly, the statute requires all assignments of the mortgage to be
listed on the certificate of discharge, whether recorded or not. The
statute first sets out this general requirement, then it addresses
each possible scenario in turn: if the assignment was recorded, the
Clerk must enter the book and page; if the assignment of mortgage is
being recorded simultaneously, the certificate shall so state; if
the assignment was not recorded, the certificate similarly shall so
state. To read the statute as providing that the certificate
"either" list the recorded mortgage "or" simply
state that the assignment has not been recorded renders the language
of the preceding sentences superfluous and the clause regarding the
listing of recording details "if recorded" nonsensical.
"[T]he
clearest indicator of legislative intent is the statutory text"
(Majewski v Broadalbin-Perth Cent. School Dist., 91
NY2d 577, 583 [1998]). The Court need not look to
legislative history when the plain meaning of the statute is clear,
and surely should not look to legislative history to override the
plain meaning of the statute, as the majority now does.
Here,
moreover, the legislative history of § 321 is inapposite. Real
Property Law § 321 was amended in 1951 to ameliorate the situation
"where assignments are known by the signing party to have
existed but are not in his chain of title because the mortgage has
been reassigned to the assignor," such as when "a mortgage
has been pledged to secure a loan and on repayment . . . has been
reassigned to the mortgagee without the assignment ever having been
recorded" (Recommendation of the Law Revision Comm, Bill
Jacket, L 1951, ch 159, at 20; see also Mem of Law Revision Comm,
Bill Jacket, L 1951, at 11). Thus, the situation the amendment
addressed was when a mortgagee's assigned, unrecorded mortgage was
reassigned back to the mortgagee, and the mortgage was then
transferred by the mortgagee to a subsequent holder or discharged by
the original mortgagee himself. In such a case, "there appears
to be no reason for requiring a statement that the mortgage has not
been assigned [as] the certificate is executed by the original
mortgagee" (Recommendation of the Law Revision Comm, Bill
Jacket, L 1951, ch 159, at 20 [emphasis added]), or transferred by
the original assignor after it had been assigned back to him (see
Report of Comm on Real Property Law, Bill Jacket, L 1951, at 9).
Under
the MERS system, by contrast, assignments are made from one lender,
to another lender, to another lender, and so on down the line. The
1951 amendment, which assumed that the mortgagee would be
discharging the reassigned mortgage, or that a subsequent holder
would discharge it unaware that the previous owner had assigned away
and been reassigned the mortgage, is thus inapplicable to the issue
under review.
II
The
MERS system raises additional concerns that should not go unnoticed.
The
benefits of the system to MERS members are not insubstantial.
Through use of MERS as nominee, lenders are relieved of the costs of
recording each mortgage assignment with the County Clerk, instead
paying minimal yearly membership fees to MERS. Transfers of mortgage
instruments are faster, allowing for efficient trading in the
secondary mortgage market; a mortgage changes hands at least five
times on average.
Although
creating efficiencies for its members, there is little evidence that
the MERS system provides equivalent benefits to home buyers and
borrowers — and, in fact, some evidence that it may create
substantial disadvantages. While MERS necessarily opted for a system
that tracks both the beneficial owner of the loan and the servicer
of the loan, its 800 number and Website allow a borrower to access
information regarding only his or her loan servicer, not the
underlying lender. The lack of disclosure may create substantial
difficulty when a homeowner wishes to negotiate the terms of his or
her mortgage or enforce a legal right against the mortgagee and is
unable to learn the mortgagee's identity. Public records will no
longer contain this information as, if it achieves the success it
envisions, the MERS system will render the public record useless by
masking beneficial ownership of mortgages and eliminating records of
assignments altogether. Not only will this information deficit
detract from the amount of public data accessible for research and
monitoring of industry trends, but it may also function, perhaps
unintentionally, to insulate a note holder from liability, mask
lender error and hide predatory lending practices. The County
Clerks, of course, are concerned about the depletion of their
revenues — allegedly over one million dollars a year in Suffolk
County alone.
Admittedly
we do not know, at this juncture, the extent to which these concerns
will be realized. But it would seem prudent to call to the attention
of the Legislature what is at least a disparity between the relevant
statute — now 55 years old — and the burgeoning modern-day
electronic mortgage industry.
*
* * * * * * * * * * * * * * * *
Order
affirmed, with costs. Opinion by Judge Pigott. Judges Rosenblatt,
Graffeo, Read and Smith concur. Judge Ciparick concurs in result in
an opinion. Chief Judge Kaye dissents in part in an opinion.
Decided
December 19, 2006
Notes
1 Edward
P. Romaine resigned as County Clerk December 31, 2005. Judith A.
Pascale is currently the Acting County Clerk.
2 Among
the entities creating MERS were the Federal National Mortgage
Association, the Federal Home Loan Mortgage Corporation, the
Government National Mortgage Association, and the Mortgage Bankers
Association of America.
3 Members
of the MERS system also include entities such as insurance
companies, title companies and banks.
4 If
a MERS member transfers servicing interests in a mortgage loan to a
non-MERS member, an assignment from the MERS member to the non-MERS
member is recorded in the County Clerk's Office and the loan is
deactivated within the MERS system.
5 The
purpose of such requirement was to facilitate the work of the
recording officer in marking the record of the mortgage.
1
I also agree that the issues concerning the underlying validity of
the MERS mortgage instrument — in particular, whether its
failure to transfer beneficial interest renders it a nullity under
real property law, whether it violates the prohibition against
separating the note from the mortgage, and whether MERS has standing
to foreclose on a mortgage — are best left for another day.
Although MERSCORP initially requested a declaratory judgment that
the MERS instruments were "lawful in all respects" (which
Supreme Court denied) the instruments' validity has not yet been
addressed.;;;;;;;
How
to Find out if You’ve got MERS on Your Mortgage!
There is
only one way to find out if the MERS problem affects you and that
is to go to your County courthouse and do a title search on your
home. All it takes is a little time. You will have to
pay for copies should you want them, but simply knowing is
enough. I would say a title company or bank can do this,
but the only information that counts is in the Courthouse
records. I have seen instances, albeit rare,
where the title company and bank information isn’t current with
the latest at the Courthouse.
If you
find MERS on your mortgage, there is a high probability that
no one can deliver clear title to you at any time, even when the
mortgage is paid off or the property put up for sale.
If you
find MERS on your mortgage and would like the name of the best
specialist attorneys in the country to help you sort it out, please
make a request and I will be happy to send you more specific
information to help you.
This is a free service, by the way. .http://chinkinthearmor.net/
March
8, 2010 by The
Guardian/UK
Blame
It on the Bubble
The
financial crisis is just a sideshow – the real reason for the
economic downturn is the rise and demise of the housing bubble
by
Dean Baker
Politicians
and the media continue to refer to the economic downturn as being
the result of a financial
crisis. This is wrong. We have 15 million people out of
work because the housing bubble that drove the economy since the
last recession finally burst. The financial crisis may have been
good entertainment for those who like to see huge banks collapse,
but it was a sidebar. The real story was the rise and demise of the
housing bubble.
Those
who claim that the real problem was the financial system and its
faulty regulation can be disproved with a single word: Spain.
Spain
is noteworthy because it now has an unemployment
rate of more than 19%, the highest rate in any of the
wealthy countries. Spain did not have a financial crisis. In fact,
its well-regulated financial system is often held up as model for
the United
States.
Spain
did have a horrific
housing bubble. As a result, the share of construction in
the economy rose from less than 8% of GDP at the end of the 90s to
12.3% in 2007. By comparison, it is typically less than 6% of GDP in
non-bubble years in the United States. This rapid rate of
construction led to enormous overbuilding, which meant that a
collapse was inevitable with construction falling to far below
normal levels.
The
run-up in house prices also had the predictable effect on
consumption. Because people believe that the run-up in house prices
is based on fundamentals, homeowners assume that their newly created
housing wealth is real and they spend accordingly. Spain's saving
rate fell from just under 6% in 2000 to 3% in 2007. When the housing
wealth created by the bubble disappeared people naturally cut back
their consumption.
This
is Spain's crisis. According to the IMF, housing starts in Spain
fell by 80% from the peak of the boom. While total construction has
not fallen as much (repairs and non-residential construction did not
decline nearly as much), if construction in Spain fell by 50%, this
would imply a loss in annual demand of more than 6% of GDP. That
would translate into a drop in demand of more than $800bn in the
United States.
Similarly
the loss of housing wealth reverses the housing wealth effect. If
consumption fell enough to return the savings rate to its pre-bubble
level, then this would imply a loss in annual consumption demand of
more than three percentage points of disposable income. In the US
this would amount to more than $300bn in lost annual consumption.
There
is no easy mechanism to replace more than $1tn in lost demand. This
is why Spain's economy is in a severe slump right now. Note that
just about all analysts agree, Spain's financial system was well
regulated and it had none of the loony loans and outright corruption
that pervades Wall Street and the US financial system. Yet, it is
suffering from this economic downturn even more than the United
States.
The
moral of this story is that the problem is not first and foremost a
financial crisis. It might be fun to watch the Wall Street and
government boys sweat as they stay up late trying to keep the big
banks from drowning in the cesspools they created. But this is all a
sideshow. No one saved us from a "second Great
Depression," they just saved the jobs and wealth of the Wall
Street crew.
The
economy's real problem is simply the loss of demand created by
collapse of the bubble. Throwing even more money at the banks is a
way to ensure that they don't suffer from the consequence of their
own greed and stupidity. It is not a way to restore the economy to
health.
Restoring
the economy to health is about finding a replacement for the demand
lost as a result of the collapse of the bubble. In the short-term,
this means increased government spending and tax cuts. Deficits put
money in the economy, and using the old-fashioned view that people
work for money, we can determine how much money we need to spend for
the government to get the economy back
towards full employment levels of output.
In
the longer term, we need to move towards more balanced trade, with
higher exports and fewer imports making up for the demand lost due
to collapse of the housing bubble. This will require a lower-valued
dollar - everything else in the trade picture is just for show.
We
do need financial reform. We have an incredibly wasteful and
reckless financial industry. But bad financial regulation by itself
did not give us 10% unemployment, nor would good regulation have
been sufficient to prevent it. Just ask the workers in Spain.
March
7, 2010 by CommonDreams.org
Time
for a U.S. Revolution – Fifteen Reasons
by
Bill Quigley
It
is time for a revolution. Government does not work for regular
people. It appears to work quite well for big corporations, banks,
insurance companies, military contractors, lobbyists, and for the
rich and powerful. But it does not work for people.
The 1776 Declaration of Independence stated that when a long
train of abuses by those in power evidence a design to reduce the
rights of people to life, liberty and the pursuit of happiness, it
is the peoples right, in fact their duty to engage in a revolution.
Martin Luther King, Jr., said forty three years ago next
month that it was time for a radical revolution of values in the
United States. He preached “a true revolution of values will soon
cause us to question the fairness and justice of many of our past
and present policies.” It is clearer than ever that now is the
time for radical change.
Look at what our current system has brought us and ask if it
is time for a revolution?
Over 2.8 million people lost their homes in 2009 to
foreclosure or bank repossessions – nearly 8000 each day –
higher numbers than the last two years when millions of others also
lost their homes.
At the same time, the government bailed out Bank of America,
Citigroup, AIG, Bear Stearns, Fannie Mae, Freddie Mac, the auto
industry and enacted the troubled asset (TARP) program with $1.7
trillion of our money.
Wall Street then awarded itself over $20 billion in bonuses
in 2009 alone, an average bonus on top of pay of $123,000.
At the same time, over 17 million people are jobless right
now. Millions more are working part-time when they want and need to
be working full-time.
Yet the current system allows one single U.S. Senator to stop
unemployment and Medicare benefits being paid to millions.
There are now 35 registered lobbyists in Washington DC for
every single member of the Senate and House of Representatives, at
last count 13,739 in 2009. There are eight lobbyists for every
member of Congress working on the health care fiasco alone.
At the same time, the U.S. Supreme Court decided that
corporations now have a constitutional right to interfere with
elections by pouring money into races.
The Department of Justice gave a get out of jail free card to
its own lawyers who authorized illegal torture.
At the same time another department of government, the
Pentagon, is prosecuting Navy SEALS for punching an Iraqi suspect.
The US is not only involved in senseless wars in Iraq,
Afghanistan and Pakistan, the U.S. now maintains 700 military bases
world-wide and another 6000 in the US and our territories. Young men
and women join the military to protect the U.S. and to get college
tuition and healthcare coverage and killed and maimed in elective
wars and being the world’s police. Wonder whose assets they are
protecting and serving?
In fact, the U.S. spends $700 billion directly on military
per year, half the military spending of the entire world – much
more than Europe, China, Russia, Iran, Pakistan, North Korea, and
Venezuela - combined.
The government and private companies have dramatically
increased surveillance of people through cameras on public streets
and private places, airport searches, phone intercepts, access to
personal computers, and compilation of records from credit card
purchases, computer views of sites, and travel.
The number of people in jails and prisons in the U.S. has
risen sevenfold since 1970 to over 2.3 million. The US puts a higher
percentage of our people in jail than any other country in the
world.
The tea party people are mad at the Republicans, who they
accuse of selling them out to big businesses.
Democrats are working their way past depression to anger
because their party, despite majorities in the House and Senate, has
not made significant advances for immigrants, or women, or unions,
or African Americans, or environmentalists, or gays and lesbians, or
civil libertarians, or people dedicated to health care, or human
rights, or jobs or housing or economic justice. Democrats also think
their party is selling out to big business.
Forty three years ago next month, Rev. Martin Luther King,
Jr. preached in Riverside Church in New York City that “a time
comes when silence is betrayal.” He went on to condemn the Vietnam
War and the system which created it and the other injustices clearly
apparent. “We as a nation must undergo a radical revolution of
values. We must rapidly begin the shift from a “thing oriented”
society to a “person oriented” society. When machines and
computers, profit motives and property rights are considered more
important than people, the giant triplets of racism, materialism and
militarism are incapable of being conquered.”
It is time.
Bill
is legal director of the Center for Constitutional Rights and a law
professor at Loyola University New Orleans. Quigley77@gmail.com
ADL
opposes recognition of “genocide” in Turkey and Ukraine
March 5,
2010 |
EU Times
The
House Foreign Affairs Committee voted 23 to 22 to acknowledge the
mass murder of Christians, mostly ethnic Armenians, by the Turks
early in the 20th century. Turkey officially denies that they
committed genocide against Christians Armenians, Greeks, and others.
The
main group that has been lobbying congress not to recognize the
killings as “genocide” is the Anti-Defamation League. A militant
left-wing group that claims to represent the interests of Jewish
people. Conservative Jews however, universally denounce the group as
an embarrassment and being a leading cause for animosity towards
Jews. In reality the ADL is a $50 million dollar a year fund-raising
hustle that spits venom at conservatives and files lawsuits against
expressions of Christianity in public. The ADL is the main group
that fostered a hate campaign against Mel Gibson and pressured
distributors not to handle his theatrical adaptation of the Passion
Play, called “The Passion.” To put it simply, the ADL is the
most well funded and well known anti-Christian organization in the
United States.
The
ADL has opposed the recognition of the Ukrainian Holocaust and the
Christian Holocaust in Turkey as acts of “genocide.” The actions
taken by the ADL, which justifies it’s own existence with the
Jewish Holocaust, could not be any more sinister and hypocritical.
The
ADL, which critics routinely dub an “unregistered foreign lobby
for Israel,” defends Turkey because of their military alliance
with Israel. Turkey is Israel’s only Muslim military ally and
their only regional military ally. However in recent years, this
relationship has been strained and may not continue for much longer.
It
is also true that historically Sephardi Jews have thrived in Turkey,
with many taking refuge in Turkey after their expulsion from Spain
in 1492. Historically manly Jews have even held leadership positions
in Turkey. However, most American Jews are Ashkenazim Jews, not
Sephardi. Also, relations between Turkish Jews and their neighbors
have been sour since the 1948 Arab-Israeli war. With a large portion
of the Jewish population in Turkey having know emigrated. Though
many Jews remember Turkey as the leading “Jewish safe haven” for
456 years where Jews were a thriving merchant class.
The
reasons that the ADL has opposed recognition of the mass killing of
Christian Ukrainians by the Soviets as “genocide,” is even more
mysterious. It may stem from the open secret that Lazar Kaganovich
is an ethnic Jew. Kaganovich is called the “architect of the
Ukrainian Holomodore.” In which access to and from large areas of
the Ukraine were blocked and vast numbers deliberately starved to
death. Kaganovich’s Jewish ethnicity almost never appears in
print. However, according to an article published by Tel Aviv
University, “38.5 percent of those holding the most senior posts
in the Soviet security apparatuses [in 1936] were of Jewish
origin.” View Source.
The
ADL justifies it’s militancy and aggressiveness by holding that
Jewish suffering in the 20th century was unique and unparalleled. So
much so that it seeks to deny the suffering of others. These actions
had led many Americans on the left to denounce the ADL in recent
years. Several towns in New England have removed ADL “No Place For
Hate” signs from their towns over this very issue. It has also
fostered animosity towards Jewish people in general among the left
and the right. The very thing that the ADL alleges it is fighting.
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