Dr. Evil Running Congress?

The talk flowing from Washington about the national debt sounds too much like the goofy comedy scenes of Dr. Evil demanding "one billion gajillion fifillion shapaduluullmeleleshaprenodlash mamillion dollars" from the nations of the world to halt a nefarious destruction of the planet.

House Speaker John Boehner and his GOP brethren (like my congressman, Rep. Phil Roe) are whipping up a scarefest about the status of the national debt - while avoiding the very obvious solution right before them. "Cut 2 trillion dollars!" cries Boehner.

Cutting spending by trillions of dollars is possible, nearly 9 trillion came from Bush era policies which were never paid for and should be eliminated -- As Peter Orszag, director the Office of Management and Budget said quite plainly:

"You mentioned that $9 trillion projected deficit over the next decade. That basically reflects three things.

The first is the failure to pay for two policies in particular, the 2001 and 2003 tax cuts and the Medicare prescription drug benefit. Those were deficit financed. Over the next decade they account for $5 trillion.

Second, the economic downturn, because it triggers the so-called automatic stabilizers, which raise unemployment benefits, they raise food stamps, they cause -- revenue tends to decline during an economic downturn, all of which is beneficial because it helps to mitigate that GDP deficit that I was talking about. But it also over the next decade adds $3.5 trillion to the deficit.

And then finally, the Recovery Act accounts for less than 10 percent of that total. So basically, the $9 trillion projected deficit can be entirely accounted for by the failure to pay for policies in the past, the economic downturn, and the steps we’ve had to take to combat that downturn, which is not to say action isn’t necessary, it absolutely is. But it’s also important to realize we didn’t get here by accident."

It's clear the House Republicans don't want to cut spending or reduce the debt - they want to scare voters today in hopes of winning elections tomorrow, no matter what the cost might be.

Human Trafficking Ring In Hamblen County

Local law enforcement and the FBI helped to break up a human trafficking ring this weekend following grand jury indictments last Tuesday.

Sheriff Esco Jarnigan says women were forced into prostitution and moved all across Tennessee and Kentucky to locations in Morristown, Johnson City, Knoxville, Nashville and Louisville, Ky. to prevent them from establishing ties to the community or formulating escape plans.

WATE filed this report.



This brutal slavery is on the rise in Tennessee - as recent reports from Chattanooga and Nashville show - and the state has been working to make the punishment for these crimes greater and to provide more aid to victims of the crime.

Officials Threaten Chattanooga Press

Reporting on the recent tornado damage in Southeast Tennessee draws a strange response, according to the Chattanooga Times Free Press:

"Last Thursday, one of our reporters, Kate Harrison, was following volunteers cleaning up debris in the heavily damaged Apison area when she was confronted by three veteran, high-ranking public officials who ordered her to stop taking photographs. The officials — Hamilton County Sheriff Jim Hammond, Chattanooga Police Chief Bobby Dodd and Hamilton County’s director of emergency services, Don Allen — clearly should have known that Harrison’s work was constitutionally protected. That they could occupy such high positions and not know, or care about, or respect the nation’s First Amendment rights boggles the mind.

Harrison also was commanded by emergency services spokeswoman Amy Maxwell not to publish any of the photographs she had taken, and later was threatened with arrest. (We published one of Harrison’s photos.)

All these actions were an unconstitutional infringement on Harrison’s and this newspaper’s right and ability to serve the vital functions of a free press."

Foreclosure Law Changes Draws Fierce Debate

Tom Humphrey reports on the raging battle over a proposal to shorten the amount of times a public notice of foreclosure is published by newspapers.

I've offered several posts on this proposed legislation - and the views of those who crafted it, the Tennessee Bankers Association.

And even as the debate verges on a giant round of "did/did not" blamethrowing, there's a simple question which should be applied to most any legislation - What problem does it solve?

While the TBA maintains the cost of publishing public notices falls on delinquent mortgage holders, others in the field claim the cost falls on the banks. Makes sense, since if a mortgage can't be paid, they likely can't pay extra fees associated with foreclosure. Another claim is that newspapers are the ones making big bucks from notice publications. So what's the real target of this legislation?

It's a shame the press and the banks can't resolve this issue - but do we need changes to state law crafted to provide homeowners protection?

And the state legislature has some fairly useless debate on this topic, while ignoring the clear conflict of interest of the legislators pushing this bill. As Tom Humphrey writes:


"Rep. Jon Lundberg, R-Bristol, said the legal notices under current law amount to "government-mandated subsidies of newspapers," which receive more advertising revenue with more frequent publication and longer descriptions. He also said legislators hesitant to approve the bill are "scared of newspapers."

"I ain't scared," replied Rep. Gary Moore, D-Joelton, responding to Lundberg's remarks during a House Judiciary Committee hearing.

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"Both legislators sponsoring the bill have ties to banks. Matlock served on a bank board of directors until four years ago, he said. Matlock also lists bank holdings on a financial statement filed with the state, though he said all but "less than $1,000 worth" has been sold since he left the BB&T bank board.

Sen. Jack Johnson, R-College Grove, who is Senate sponsor of the bill, has worked for Pinnacle National Bank. The current president of the TBA, House Democratic Leader Craig Fitzhugh of Ripley, is a co-sponsor of the bill."

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"Eric Barnes, publisher of the Memphis Daily News, said a review of 50,000 notices showed the average cost as $212 each, or $636 for three publications.

Baker, the Nashville attorney, said that, as a practical matter, banks wind up paying the ad costs in all but "one in a hundred" cases simply because the homeowner has no money or is in bankruptcy.

And Henry Hildebrand, a bankruptcy trustee in Middle Tennessee, told legislators that he has seen "hundreds" of cases over the past 20 years of legally defective foreclosure moves by banks that were never detected until they reached U.S. Bankruptcy Court. He opposed the bill for reducing one of the few safeguards now benefiting homeowners in Tennessee."

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As noted at KnoxViews today, many large national banks are mired in controversy over fraudulent mortgage practices.

In Hawaii, which like Tennessee, has non-judicial foreclosure laws, the state has totally revamped existing laws to give more protection and more time to struggling homeowners.

Tennessee legislators take up their proposal again this week.

Camera Obscura: Buffy Slays Zombies, Bonnie & Clyde vs Dracula, and Tarantino's Western

I had a mostly artsty film post all prepped and ready for today, but my inner nerd has won the day and so, a post jam-packed with fanboy/nerd news and movies is herein offered despite the hot red blush of shame I experience when telling such tales.

Warning: what follows is violent, messy and lacking in good taste.



I've been a Robert E. Howard fan for a long time and his character of Conan the Barbarian (not all the knock-offs penned by other writers) is written with a mythic style to rival any Homeric epic. While I scoffed at talk of a movie based on the character in the early 1980s, the John Milius film "Conan The Barbarian" with Arnold Schwarzenegger shut me up fast. Written by Milius and Oliver Stone the movie was and is a stunning success - great writing, powerful music, and bold action. The sequel which followed a few years later was not. It was gutter trash.

Hollywood is trying to tackle the tales of Conan again this summer, but given the writers for this new version are the same writers for such terrible movies as "Sahara", "Dylan Dog" and the incredibly butchered Ray Bradbury short story "The Delicate Sound of Thunder", this new 3-D Conan has most fanboys in doubting mode. One plus is that actor Stephen Lang (who can bring excellence to even the worst of movies/roles) is playing the villain of the piece, but a huge minus is the director here is Marcus Nispel, who has trotted some terrible remakes in recent years - the "Friday the 13th" and "Texas Chainsaw Massacre" movies.

A new preview of the Conan film is online, which you can watch here. Looks kinda weak.

But there's just no way the crew for this version can touch the mighty epic of the original.

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More swordplay is offered in the samurai action movie "13 Assassins" by director Takashi Miike. It's a remake too, based on a 1963 film, about a small group of warriors who take on an entire army. Miike's version boasts a 45-minute battle sequence which has fanboys around the internet stunned:

"In an age where even the practical effects of corn syrup blood spatter have been traded for CGI (Ninja Assassin, looking at you), it’s unthinkable that a director would film a fight sequence which relies almost exclusively on practical effects, choreography and (gasp!) good old fashioned acting. The fact that this same fight sequence goes on for 45 minutes is just plain mind-blowing -- and that’s exactly how it feels when you watch it. 13 guys with swords versus 200 guys with swords, set in the streets of a small village: you watch the entire thing play out from the first slice to the last cut."

Here's a trailer.



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Just arrived on DVD is this year's winner for Great Title and Horrible Movie all rolled into one -- "Bonnie & Clyde vs. Dracula". No reason to watch it really, but notable for being ... well, for being a strange title with nothing worthwhile to back it up.

Well, since Hollywood has already gone into a big bucks production of the book "Abraham Lincoln: Vampire Hunter", I'd say we can expect more such titles. Here's a video promoting the book:



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I dived deep into my nerdy heart when I saw the following trailer for a new video game -- it's "Call of the Dead", a variation in the Call of Duty military-themed video game franchise. For this new adventure, the set up is wildly off kilter.

It begins on the set of a movie being made by King o' Zombie movies George Romero, and the stars are (swoon) Sarah Michelle Gellar (Buffy for those in the know), Danny Trejo ("Machete"), Robert Englund (the Freddy Krueger) and Michael Rooker (from "The Walking Dead"). Without warning, the movie gets invaded by real zombies and they attack and haul of Romero. And just as quick, these Hollywood actors weapon-up and go on a gory attack.

Yes, it is silly and stupid and without value. And yes, I can't wait to play it. Here's a trailer for the video game which hit stores this week.

Bonus: a NSFW peek at how the game starts out, complete with bad puns.

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Finally, a slab of good news for Quentin Tarantino fans - he's leaked the title and script for his next film, a full blown Western called "Django Unchained".

The character of Django was a staple in the early 1960s spaghetti westerns and was played (usually) by Franco Nero, and had a reputation for being quite violent.

Tarantino toyed with the Django name before in the Takashi Miike movie "Sukyaki Western Django".

At Obsessed With Film, they offer a lengthy review of the script and the casting ideas - which includes actor Christopher Waltz from "Inglorious Basterds").

"So, we heard last week that the 7th movie from the legendary writer/director Quentin Tarantino will be Django Unchained, a Sergio Leone/Sergio Corbucci style Spaghetti Western homage that will tackle 19th century American black slavery head-on and without much sugar-coating. The movie would be centered around Django, a black slave who becomes gunslinger when freed by a German bounty hunter who takes our title character under his wing, shows him the ropes of contract killing, then helps Django find his enslaved wife who is under the control of an evil plantation owner."

I'm such a lunatic fan for Tarantino, I'd even watch "Glee" if he directed an episode ... well, maybe ...

Legislators Still Pushing Law to Shorten Foreclosure Time

State legislators are continuing their push for legislation to change foreclosure laws in Tennessee which will shorten the time it takes to foreclose on homeowners - even though the Tennessee Bankers Association, which created the legislation, denies any such move to shorten that time.

I've written about this here and here, and have received a few emails from the TBA's attorneys claiming I'm demonizing them and lying to readers. They paint this legislation as merely a battle between banks and newspapers, a claim which just doesn't hold up.

Legislation titled HB 1920 and SB 1299 originally planned to change the law so that only one public notice of foreclosure be published instead of the current 3 times law established, and now they have amended it to require only 2 notices. The TBA also claims the costs of publishing such notices are too high - citing a cost of $2500, though newspaper publishers cite the average costs of about $250.

The fact is that the current law, TCA 35-5-104 A(2) defines the description required for public notice publication as : "Describe the land in brief terms, including the street address if available."

So it seems clear to me the attorneys working for banks have created a system where the longest possible descriptions are offered, which increases attorney fees and the cost of publication. That is not a homeowners decision nor is it a decision of newspapers.

Opposition to this legislation does come from newspaper publishers, true, but as noted in an email I received from Daily Times publisher Eric Barnes, many other groups oppose it as well. He writes:

"The Land Title Association, the Bar Association, the Press Association and a variety of consumer groups are opposed to the bill.

We are opposed to the bill for many reasons:

- At 1 newspaper notice, Tennessee would have the lowest standard for public disclosure in the country, putting us below West Virginia, which requires only 2 notices. Many states require 4 or more.

- Public notice is not just about notifying the homeowner; it’s about notifying:
- Neighbors whose property values are inextricably tied to the neighborhood,
- Family members who may be unaware of the financial problems of a parent or grandparent,
- Non-profits and other entities who may be able to help a homeowner avoid foreclosure,
- Municipalities, neighborhood associations and CDC’s who are on the lookout for the blight and crime that is too often a result of foreclosures.

- The bankers claim no one reads the notices; in fact, they do. We get calls and emails every day from people about our notices, whether they’ve seen them in print, online, or in an email. However, a stripped down notice with a just a book and page number would render those notices almost meaningless.

- While there are a handful of examples of newspapers charging onerous amounts for notices, in truth the statewide average is less than $250/notice. And that price is falling."


Also opposed -

Former legislator Susan Lynn, who writes:

"This is not a conservative or liberal issue, but one of fairness. A property owner deserves to get the best price for their home in a forced sale. The public deserves to know that a government-proscribed procedure, foreclosure, is creating an opportunity. In return, the bank is deemed to have acted in good faith when foreclosing on a home."


Nancy Releford of the Home Equity Mortgage LLC

"Tennessee is going against national trends to protect the consumer and granting special favors to banks ..."


Mortgage attorney Webb Brewer, who writes:

"Reduction in the publication of notices of foreclosure would also reduce the number of people who might come to a foreclosure sale to bid on the property if a homeowner is not able to avert the sale. Since Tennessee law allows a mortgage lender to collect the difference between the amount owed on a loan and the foreclosure sale price minus expenses, it is in the consumer’s best interest for the sale to bring the highest possible price. Currently, in most cases mortgage companies purchase the properties they foreclose on for far less than the real value of the property, leaving a large deficiency. The bills under contemplation would make this situation worse."

Despite these concerns, the legislation moves forward. The TBA claims "shorter notices help everyone" and:

"Banks do not want to be in the real estate business."

And yet, they are indeed in such a business.

The only way to slow it down or have it further debated - you have to get involved and contact your representatives and senators. The directory for Senators is here, for Representatives here, legislators is here and I urge you to contact them today.

The Dawn of a New Day?

One aspect which struck me hardest last night as news unfolded that US forces had located and stormed the plush mansion compound where the Al Quaeda leader Osama Bin Laden was hidden, and that he had been killed in a firefight - the mostly youthful faces of those out in front of the White House and on the streets of Manahattan and around the nation.

So many celebrating the news were in the early to late twenties, and for that group most of all, Bin Laden has been the giant villain to end all villains. Since they have been children - nine, ten, eleven years old - the evil terrorist and his network of killers has held enormous influence. They essentially have grown up in a grim world terrorism and Bin Laden had created and on the evening of May 1st, 2011 that world changed again.

For many thousands of young people in the Middle East - in Egypt, Libya, and more - the terrorist was already irrelevant as the protests and demands of a younger generation pushed to end dictatorships and seek a more democratic and more free world.

Certainly, terrorism will remain a fact of life for far too many people. But for now, a brighter future has been seen and felt for the first time in nearly a decade and we all hope this is the future which flourishes.

TN Moves To Ban Teachers Union

Pretty much as expected and predicted, the state of Tennessee is following up on their plan do ban unions in Tennessee, starting with teachers, for now.

Never mind those comments from legislators recently that they were NOT going to create anti-union legislation, see, because they are just repealing the law that makes unions for teachers legal. How is that anti-union? We love teachers. We are reforming education!

"House Speaker Beth Harwell and key lawmakers have agreed to completely repeal the 1978 law that gave teachers the ability to unionize, casting aside an earlier compromise that would have let them continue to negotiate with school boards over a few issues.

They now plan to accept a Senate measure that would ban contracts negotiated by teachers unions and replace them with employee handbooks written by local school boards." (via the Tennessean)

Yes, all this economic turmoil was caused by those ultra-rich teachers in Tennessee. Problem solved! What's next? Looking for work? Your local school is probably going to hire folks ....

Superman Renounces U.S. Citizenship

In the landmark 900th issue of Action Comics, the magazine where Superman came to life, the iconic hero has announced he's renouncing his US citizenship - he is American no more. It follows his presence at a protest rally in Iran, where he joined the protest though he took no 'super' actions.

Of course, with the cost of that comic book at 6 dollars, I wish he'd renounce such high prices too. I've always been a comics fan, though when prices starting hitting 3 bucks a pop some years back, I stopped buying them. But I still like them for the most part - they are a fascinating collection of pop art and pop culture which has been constant in the country since Clark Kent, aka Superman, hit the stores in 1938 - and I do read them when I can.

And since comics are also a major source of movies too this is shaping up as a pop culture Event for Supes to chide the world for dividing and attacking each other on nationalistic ideals. (And a way to keep Supes comics selling and to appear popular and topical).

I'm sure the Controversialists of FOX News and such will wail and bemoan such an iconic change, even if it is just one of those "durned heathen funny books". Tennessee has a historic political tie to comic books, thanks to TN Senator Estes Kefauver's infamous Congressional hearings on them back in the 1950s. A Madisonville native, the Democrat senator was charged to probe the effects of comic books on young people and found, of course, they were horrible.

Action Comics number 900 would likely make Sen. Estes Kefauver's head explode.

(Personally, I sort of expected trouble for Superman when he donned a hoodie and started walking across America last fall - an Emo Superman is not a pretty thing.)

Pop Fiction has to change to keep up with Pop Culture - or it becomes dull. Even fictional heroics are defined by the times.

I never was a big fan of Supes - he had too few flaws and too much perfection to drive a storyline. I've been more of a Marvel Comics kind of guy - especially the X-Men, which has this nice subext about life for minorities.

More here at Wired

"In an age rife with immigration paranoia, it’s refreshing to see an alien refugee tell the United States that it’s as important to him as any other country on Earth — which in turn is as important to Superman as any other planet in the multiverse."

And here via a FOX News site:

"Besides being riddled with a blatant lack of patriotism, and respect for our country, Superman's current creators are belittling the United States as a whole. By denouncing his citizenship, Superman becomes an eery (sic) metaphor for the current economic and power status the country holds worldwide.

Fanboy meltdown!

(hat-tip to TGW for alerting me to this story)

Birther Is Code For Racist

The sideshow carnival act of the Conservative Republican/Tea Party/Reality TV Star Candidates which have been clamoring for that non-white fellow in the White House to pony up proof he's American has been deeply disgusting and got served up a smackdown yesterday by President Obama. For some elected officials, of course, the issue is far from over, because it is not about law, it is about racism.

For Donald Trump and all the networks devoting time and newsprint devoted to this idiocy, they have been after ratings in one of the worst ways, by playing up racial fears.

Goldie Taylor at The Grio.com said it very well:

"When they tell you this isn't racial, don't believe them. This controversy was constructed solely as a way to de-legitimize the presidency of a black man. Those who question the location of Barack Obama's birth are the very same people who would pack up and move out of the neighborhood if someone like me moved in next door.

When they say they want to take their country back, they mean from us.

According to a recent Public Policy Polling survey, a stunning 51 percent of Republicans believe the president wasn't born in the United States. In Mississippi, nearly half of all Republicans believe interracial marriage should be illegal. If they had their way, not only would Obama not be president, he never would have been born.That's how far we have not come.

Some 112 years after my grandfather was snatched from a street corner in the central west end section of St. Louis, it seems we still need to prove our right to be here.

I thought we were better than this."

TN Bankers Now Blame Newspapers For Foreclosure Costs

I received yet another angry email from attorney for the Tennessee Bankers Association, Amy Smith, about their plan to make foreclosures easier in Tennessee - but it seems the blame has gone from my rogue and reckless blogging and is now aimed at that dirty, old, money-grubbing newspaper business. The original bill as approved is here.

I'll reprint her complete email below, but first I again must speak my mind.

I might buy some of the TBA's arguments if they had less blamethrowing.

And at least here on this blog, I've linked to the actual locations and names of those whose information I have used - however, the TBA's Counsel offers this with no names attached:

"We have sent response letters to every major newspaper in the state that has run distasteful, inaccurate and misleading articles and editorials about the proposed legislation. But no newspaper has printed our response."

Then NAME these publications. Call them out.

In fact, after explaining the legislation to one of the largest consumer groups with an active lobbying effort in the state (specifically that we intend to file amendments clarifying that the street address must be included, notices must be published two times rather than one, and that this will not change the foreclosure process at all), they are now fine with the legislation."


What group? They have a name don't they?

These claims that the TBA's decision to create and pass legislation which will reduce the amount of time it takes for foreclosure notices to be given to homeowners who have been falling behind is merely a way to protect and save homeowners money just doesn't make sense to me.

Cut out the number of mortgage policies in effect in TN which contractually call for 3 published notices - a protection within a mortgage agreement meant to protect lenders and borrowers and a quite common agreement -- how many would that leave? How old a mortgage or how poorly created would it be to lack such an agreement? Is that number the majority of mortgages held, a minority, half, twenty-five percent?

Yes, I know there is a push by some in the state legislature to remove all public notices from newspapers, with the claim that everyone can access the information via the internet. But we live in Tennessee, which is mostly rural and which has areas without the access to the internet and there are companion bills to allow government itself to start charging higher and higher fees to access "public information". Personally, I say require public notices to be published in print and online both. It's not like we can all assume that government and business always and only have the best interests of residents and voters in mind. If such were true, why vote? Why read any news? Everything is hunky dory!

And since the TBA's legislation has gotten so much negative response, they offer to change the notice reduction from three to one and now to two. So one less public notice - is that going to create any notable change in revenues or just make the process quicker?

Banks pay attorneys to get foreclosures rolling and get those title searches done and get those notices written up and if those costs have become too high, then maybe the banks are being overcharged?

The process in Tennessee can take up to 100 days, but 60 days is the average time from notice to sale of property.

So I am left with many questions about just what problem exactly this legislation is trying to address. And, below, as promised is the complete uncut email from TBA Counsel Amy Smith:

"Joe,

I appreciate you keeping me informed on your posts. In it you asked several questions about what I have done, or not done.

You mention being flattered by the email I sent to you. I assure you this is not the only communication TBA has sent in the past few weeks to critics of our bill. We have sent response letters to every major newspaper in the state that has run distasteful, inaccurate and misleading articles and editorials about the proposed legislation. But no newspaper has printed our response. I suppose the saying is true, “never pick a fight with someone who buys ink by the barrel”. The newspapers have nothing to gain by printing our letters (other than, of course, publishing the other side of their one-sided story) and everything to lose – most importantly, revenue.

This legislation will not speed up the process by which banks can foreclose nor it will make the process any easier. Despite what the articles say, the process is much longer than 21 days (on average, 100 days at a minimum) and requires multiple notices – not just the ones published in the newspapers. In fact, the notice in the newspaper is sent to the debtor and co-debtor(s) via certified mail, and this comes after at least three other notices sent over the previous 2-3 months.

This will in no way harm homeowners. In fact, it will only benefit them. As I mentioned, banks are not the ones responsible for paying the costs of foreclosures. Homeowners are. By reducing the cost of the ads, it will save homeowners a significant amount of money.

Unfortunately this message has gotten lost. And, the newspapers are to blame. They are not opposing this bill with everything they’ve got because they have the public interests at heart. They are opposing this bill because it will be a huge reduction in revenue for an industry already in trouble. Their revenues have declined in recent years as many more citizens are turning to online publications, and foreclosure notices are one of their biggest sources of revenue. Take that and couple it with the fact that this year other groups have been pushing to remove other legal notices entirely from the newspapers and post on the internet, and you’ve got the real reason there is so much opposition to this bill. Newspapers fear that even if the slightest reduction in public notices occurs (ie, REVENUE), then what is next??

It is a valid concern, but when you have to choose between newspaper revenue or homeowners foreclosure costs, who should win? It’s an easy question, but with all the misleading and inaccurate stories newspapers have been publishing lately, they’ve managed to portray this as a fight between newspapers/consumers and the banks who are one of the major causing of the housing crisis.

This brings me to another point I’d like to clarify. In your original post, you reference the recent regulatory “fixes” that were just issued for the 14 biggest mortgage firms. I do not deny this. But this is completely irrelevant to this issue at hand. Those banks are not behind this legislation. This legislation has come from the Tennessee banks, mainly the community banks, who know their customers and have good relationships with them and who are active in the community and do whatever it takes to keep a customer in his/her home rather than foreclose.

Banks have nothing to gain by pushing legislation that would speed up the process or cause any less bidders at the sale. This would only serve to reduce the amount of money a home is sold for in foreclosure, which would have only negative consequences for the bank.

I mentioned earlier that one of our biggest challenges is fighting a group that can “buy ink by the barrel”. They can write whatever they want, and trust me, they have, and we have no means to respond to their attacks as they refuse to publish our letters. That is why I responded to you article. Although TBA is fighting a nearly impossible battle in getting our message out there, we have not stopped trying. I spoke to another blogger for over an hour recently about the reasons we support this bill and what its real impact will have on the foreclosure process. I, and other at TBA, have also communicated with other groups who have been mislead by the newspapers.

In fact, after explaining the legislation to one of the largest consumer groups with an active lobbying effort in the state (specifically that we intend to file amendments clarifying that the street address must be included, notices must be published two times rather than one, and that this will not change the foreclosure process at all), they are now fine with the legislation.

Also, you argue that you did not put misinformation in your blog because you obtained this through another blog and newspapers articles. If you truly wanted to print the facts rather, not opinions, you would have done your own research. Everyone knows that there is always another side to the story. In your case, you chose to blog only about the newspapers side…the side that has only their revenue at stake in this."

And again, there it is - only newspapers have revenue at stake in this? Homeowners do. And so do banks.

American Passports Set For Massive Changes

It's about to become next to impossible for an American to get a passport - unless you get it today, or by some fluke, if the so-far-seldom-reported-time for public comment on this idea is not extended.

And I mean it's gonna be tough -

"The U.S. Department of State is proposing a new Biographical Questionnaire for some passport applicants: The proposed new Form DS-5513 asks for all addresses since birth; lifetime employment history including employers’ and supervisors names, addresses, and telephone numbers; personal details of all siblings; mother’s address one year prior to your birth; any “religious ceremony” around the time of birth; and a variety of other information. According to the proposed form, “failure to provide the information requested may result in … the denial of your U.S. passport application.”

The State Department estimated that the average respondent would be able to compile all this information in just 45 minutes, which is obviously absurd given the amount of research that is likely to be required to even attempt to complete the form."

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"It seems likely that only some, not all, applicants will be required to fill out the new questionnaire, but no criteria have been made public for determining who will be subjected to these additional new written interrogatories. So if the passport examiner wants to deny your application, all they will have to do is give you the impossible new form to complete. (NOTE: This requirement will likely be used if there is "questionable authenticity" to someone's birth records ... so, maybe this is a Birther Bill?)


It’s not clear from the supporting statement, statement of legal authorities, or regulatory assessment submitted by the State Department to the Office of Management and Budget (OMB) why declining to discuss one’s siblings or to provide the phone number of your first supervisor when you were a teenager working at McDonalds would be a legitimate basis for denial of a passport to a U.S. citizen.

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"Extra points to the person who gives the best answer in the comments to the question on the proposed form, “Please describe the circumstances of your birth including the names (as well as address and phone number, if available) of persons present or in attendance at your birth.”

TN Bankers Association Does Not Like Their Cup of Joe Powell

On April 14th, I published a post about proposed legislation regarding foreclosure laws in Tennessee and my concerns that it would be harmful to homeowners.

On Friday afternoon, I received the following email from Amy B. Smith, Associate Counsel for the Tennessee Bankers Association, which is backing this initiative. I'm always glad to hear from readers and wanted to share the email with the rest of you:

"From: Amy Smith
Subject: Proposed Foreclosure Notice Publication Law
To: jptropics99@yahoo.com
Date: Friday, April 22, 2011, 4:05 PM

Joe,

I just came across your recent blog “TN Legislature Hates Homeowners” and was quite disappointed of the false depiction presented in the title, and especially in the content of what you posted. It could not be farther from the truth, and a little bit of research on your part would have prevented all of the misinformation you cite.

Saying that this legislation will hurt homeowners could not be farther from the truth. The legislation is intended to do just the opposite – it would reduce the financial burden placed on homeowners facing foreclosure by (1) reducing the number of times an advertisement of a foreclosure sale must be published in a newspaper from three times to two (original bill provided for one time, but an amendment will be offered to increase it to two), and (2) clarifying that the advertisement must only contain a reference to the deed book and page number rather than the full metes and bounds description (an amendment has already been offered that further clarifies that the description must also contain the street address and map and parcel number.

Below are a few key points about the bill – what it does, and, more importantly, what it does not do – that will clearly show just how off-base your blog is.

It would only replace the lengthy and hard-to-read metes and bounds description with a reference to the deed book and page number. It would not eliminate or otherwise change the content of foreclosure sale advertisements.

It would not eliminate any actual notice to the debtor. The debtor would continue to receive late payment notices, notice of default, notice of collection, and, most importantly, notice of the foreclosure sale by certified mail.

It would not shorten the foreclosure process, which takes a minimum of 100 days.

It would not affect publication requirements for any foreclosure under deed of trust that specifically requires foreclosure notices to be published three times.

Banks do not pay the costs of foreclosures, property owners do. The cost of advertising in a newspaper can be as high as $2,500.

50% of foreclosures sales that are advertised in newspapers do not happen, which means that those property owners were able to make up their late payments and avoid foreclosure by also paying the costs of the advertisements, which at $2,500, is as much as one or two mortgage payments.

TBA supports this legislation because reducing the cost of the foreclosure process is one of the most effective ways to help prevent a homeowner from losing his/her home once the foreclosure process begins. Banks lose money on foreclosures, and the last thing they want to do is be in the real estate business.

If you have any questions or would ever like to call into question a bill backed by TBA or the character or integrity of our association or the state legislators we support, I encourage you to please research first, write later. Maybe then, you could avoid writing stores as inaccurate and completely misleading as this one.


Amy
Amy B. Smith
Associate Counsel
Tennessee Bankers Association
211 Athens Way
Nashville, TN 37228-1603
Phone: 615-244-4871 ext. 116
Fax: 615-324-1994

Now I have to wonder a few things after receiving from such a communication from this organization's legal counsel. First, I'm flattered they think my opinion and it's availability to the public has such worth and value that it demanded a response from their attorney. And I have a few other thoughts too, but first let me share with you the email I sent back to Amy Smith this morning:

"Dear Amy,

Thank you for reading my blog and offering your comments as Associate Counsel for the
Tennessee Bankers Association regarding the bill under consideration in the Tennessee legislature. I'm always happy to hear from readers!

And thanks too for your offer to respond to any questions I might have in relation to this
legislation. I'll put some thoughts together and send them along shortly.

I must note, however, you're quite mistaken that I had "misinformation" in my post. The articles I cited, 2 from the NYTimes and 1 from a blogger and 1 from an editorial in the Knoxville News Sentinel, were accurately quoted. Another error you made was that my headline on the post was a statement of fact. It was not - it was a question. And yes, I do have concerns that the current chairman of the TBA, Craig Fitzhugh, is also a House member, and a co-sponsor of this legislation.

The rest of the post was my opinion - which I will continue to offer readers, such as yourself, and to my elected representatives. I look forward to continued communication with you and trust you realize your emails and comments may be used on my blog as I continue to discuss public policy issues in our state government.

Thanks again for your support,
Joe Powell
http://cupofjoepowell.blogspot.com

I wonder if their legal counsel also communicated with the editorial board of the Knoxville News Sentinel, which termed the bill "shameful"? I may be wrong, but I think the AP ran that editorial statewide as well.

I wonder if their legal counsel also communicated with the New York Times reporters or editors whose reports noted that leaders in Congress find enormous fault with the current economic collapse should lay at the feet of our financial institutions?

I wonder if their legal counsel communicated with the blogger at A Disgruntled Republican, which I also quoted in my post, or did they communicate with the EPPC he mentioned, which is opposing the removal of all government notices from publication requirements in newspapers?

Or did their legal counsel just communicate with me about their feelings for my opinion on this public policy issue?

And over the weekend, I read more on the legislation, such as this report by Chas Sisk at the Tennessean:


"Proper notice is not going to be given when the process of foreclosure used in this state is one in which it is already pretty easy to foreclose,” said Art Powers, president of the Tennessee Press Association and publisher of the Johnson City Press.

The bill could ultimately threaten the state’s foreclosure law itself, Baker said.

If Tennesseans conclude they are not being told enough about foreclosures, they could demand courts to take a greater role. That would slow the process and lead to costs far higher than the price of advertising, he said.

“This thing is not broken,” he said. “I think it’s a bad bill for both sides.”

Well, as I wrote to Amy Smith, I do have more questions and I do appreciate that she reached out to me to offer to help me understand it. I hope to share more of our discussions and thoughts on this topic and others in the days ahead.

And of course, you are free to share your thoughts here or anywhere else too!

NOTE: See latest UPDATE here.

Modern Tales of Capitalism - or, A Child's Garden of Marketing

There's this skeezy and dangerously deceptive side to marketing and advertising which Americans have perfected and which we really, really do not want to think about. It's because we are accomplices to the eternal pitches and the endless fakery, we sort of love our objectified identities, we like being admired for being a trendsetter (the new term for such folks is now 'early adopter') and a trend follower, and this maze of emotionally-tied evidence is not just some example weird low self esteem, it's also an admission that we are embracing the hype despite the fact it is hype. Our attitudes towards ourselves and our world gets mixed into this murky world and things get confused.

Hollywood is a master of this deception, mingling hype and hokum and we all sort of accept it.

A 2009 movie called "The Joneses", starring David Duchovny and Demi Moore, dives deep into this brave new world and both Hollywood and audiences just were not sure what to do with the movie. it mostly tanked at the box office and critics were stymied to explain the mechanics at work here.

The story seems simple - a group of sales people are hired by a giant corporation to pretend to be a family in high-end suburbia, but they are really together for one reason: to casually influence the neighborhood to buy products the fake family shows off as the trappings of success. Shoes, jeans, TVs, cars, sunglasses, purses, golf clubs, frozen food, bottled drinks, make-up, jewelry, games, cell phones ... an endless list of things. The company which has placed them in this world requires monthly status reports charting whether the fake family is hitting the mark on sales and demands for the things they are hyping. Failure is not accepted.

The companies use the fake family to sell products, the fake family earns high incomes by pushing items as new must-haves, the neighbors eagerly seek to follow the lead of the fakers, the fakers pretend it's just a job and push the idea that happiness is found in objects, in envy, in competition.

Not a pretty, idealistic America here - it's a greedy place, though one decked out in style. First-time writer/director Derrick Borte is a former ad man and he expertly lays out all the conflicted ideas with an easy satiric flair, but he's almost too good at his work. By the time the movie hits the three-quarters mark he has fallen in love with his fake family and their fake friends and he seeks out some kind of happy ending. But it falls flat, seems as fake as everything else. And that turned off audiences and critics - the monster is too real, too familiar and it just made everyone uncomfortable.

That's one reason I liked it - it captures an ugly world so well that attempting to find a 'happy ending' for it is just more fakery. We've all been taking part in a giant game of self-delusion and it just doesn't sit well at all.

It's very uncomfortable to realize how much we all participate in being reduced to a marketing demographic, but we still eagerly participate in it just the same. And not just in America.

As proof that it happens, take a look at this very real and very global new infotainment theme park, more rightly termed "advertainment", which has been growing in many nations and is about to land for the first time in America.

It's called KidZania - a fascinating article in Slate on this new kind of adult-directed child's play is a must read:

"Right now, in eight malls spread across three continents, thousands of children are dressed as pilots and flying digital planes from mock cockpits, anchoring news broadcasts in fully functional TV studios, or wearing helmets and extinguishing faux flames with real water cannons.

This is KidZania, a multinational chain of family entertainment centers, where kids try out professions that have been downsized, simplified, and made fun. At these soccer field-size franchises in malls from Tokyo to Lisbon, children play at being adults.

Children can play surgeon, detective, journalist, courier, radio host, and dozens more jobs. They can buy and sell goods at the KidZania supermarket, take KidZania currency that they earn to an operational bank staffed with adult tellers, and be security guards escorting KidZania currency around the park. They can assemble burgers and pizzas, which they can then eat, or give makeovers to other paying children. At the planned KidZania Santiago, Chile, minors will be able to play at being miners. One-size-fits-all costumes supersize the cute factor. The result of all this is mass-produced adorability.

But at the heart of the concept and the business of KidZania is corporate consumerism, re-staged for children whose parents pay for them to act the role of the mature consumer and employee. The rights to brand and help create activities at each franchise are sold off to real corporations, while KidZania’s own marketing emphasizes the arguable educational benefits of the park.
---

"And kids aren’t just migrant laborers in KidZania. They are KidZanians, citizens of the nation of KidZania. There is a national anthem and a red and yellow flag, the colors split by the letter K. The KidZania logo itself is that same fluttering flag. Each child receives a bank account, an ATM card, a wallet, and a check for 50 KidZos (the park’s currency). At the park’s bank, which is staffed by adult tellers, kids can withdraw or deposit money they’ve earned through completing activities—and the account remains even when they go home at the end of the day. A lot of effort goes into making the children repeat visitors of this Lilliputian city-state. Also, KidZania itself isn’t cheap. Both parents and children are required to buy tickets to enter—a family of four pays $150 to visit KidZania Tokyo during peak hours—and franchises around the world continue to draw hundreds of thousands of visitors every year.

Like any good nation, KidZania has its elites, too. Each park has a congress of 14 children. Really, it’s a focus group that meets once a month. The kids talk about what they’re doing at school and, more importantly, what’s going on at KidZania. They go on trips to visit the workplaces of KidZania’s sponsors and visit other parks around the world. KidZania can then ensure that the experience is suited to children’s ever-changing needs and whims. Even the adult management uses governmental titles; the most senior manager of each franchise is referred to as the “Governor.”

In addition to using the lingo of an aspiring nation-state with its own proxy legislature, KidZania has a bill of rights. KidZania grants each child “The Right To Know, The Right To Be, The Right To Care, and The Right To Play.”

ProMexico, a Mexican government initiative to promote Mexican commerce, says in its literature that, “KidZania emulates the positive aspects of capitalism.” Linn, though, said, “I don’t see what’s positive about [KidZania]. The more kids are immersed in commercialization, prepackaged fun, the less experience they have of making their own fun, of using their own imaginations, and the more they are dependent on corporations to supply their fun for them.”

Stimulus Grant Gets ETSU New Film/TV Production Studio

Thanks to a $1.2 million stimulus grant, students at East Tennessee State University has a state-of-the-art facility for radio/TV/and film production. (via)



This program is one of many which grows robust educational and financial opportunities for success headed by the Tennessee Film, Entertainment and Music Commission which makes Tennessee a top destination for all types of entertainment production.

Tennessee Breaking Law With Lethal Injection

It comes as little surprise that our government - from the local, state and federal levels - simply make mistakes. Errors occur in matters of bookkeeping, record-keeping, finance, and even typos are in evidence in legislation which pass through the many hurdles of sub-committees and committees.

One area which needs to be as mistake-free as humanly possible is the execution of prisoners - the death penalty. Wrongful execution - the deaths of those found to be innocent - has been rigorously studied nationwide. Execution of those innocently charged is not a minor glitch. It's a real horror story.

And now Tennessee, along with many other states - are under court orders to halt lethal injections since the drugs used have been illegally obtained. The Tennessean newspaper reports these drugs have been illegally obtained via an unregulated overseas supplier:

"A federal lawsuit filed in Washington, D.C., accuses multiple states, Tennessee included, of possibly violating drug import laws by purchasing thiopental from a British company called Dream Pharma, run out of the back of a London driving school. Nebraska and South Dakota, obtained 500 milligrams each from an Indian company called Kayem Pharmaceutical."

Seems this state (and others) are breaking the law in their plans to execute criminals.

The medicine under review is in short supply:

"[due to] a nationwide shortage of that key drug used in lethal injections has largely ground to a halt executions across the nation. Like other states, Tennessee has had to turn over its stock of sodium thiopental to the U.S. Drug Enforcement Administration because of allegations it may have been illegally obtained from an unregulated overseas supplier."

Another chemical, Pentobarbital, has become a recent substitute, even though the drug's Danish manufacturer, has issued to following statement regarding use of the drug for lethal injection:

"Lundbeck's position regarding the misuse of pentobarbital in execution of prisoners

Lundbeck is dedicated to saving people’s lives. Use of our products to end lives contradicts everything we’re in business to do, which is to provide therapies that improve people’s lives. Lundbeck is opposed to the use of its product for the purpose of capital punishment.

Lundbeck markets pentobarbital solely for its approved use, among other things to treat serious conditions such as a severe and life threatening emergency epilepsy that results in 42,000 deaths a year in the US if not treated effectively. It is evident that use of this product to carry out the death penalty in US prisons falls outside its intended use.

We have engaged in a constructive dialogue with human rights advocates to discuss and evaluate ideas to prevent the incorrect use of our product for lethal injections. We have carried out a thorough assessment of ways to control distribution for use in capital punishment.

Lundbeck does not control the application of pentobarbital. And based on our evaluation and the advice of external experts, we have concluded that there are no viable steps Lundbeck can take to prevent end-users from obtaining the product for unapproved use, short of withdrawing the product from the market. However, taking pentobarbital off the market would be a tragedy for the patients who benefit from legitimate uses of this important therapy.

Medical experts and human rights advocates alike agree that discontinuation of the supply of pentobarbital could have a significant negative effect on patient care.

We will continue to urge states in the US to refrain from using pentobarbital for the execution of prisoners as it contradicts everything we stand for as a company."

I'm On the Pavement Thinkin' About The Government

hat-tip to Bob Dylan

TN Legislature Hates Homeowners?

Tennessee's legislature is again making a bold stride backward. Their steady stream of legislation moving backwards certainly seems to be the theme of 2011.

Yesterday, legislators - led by Rep. Jimmy Matlock and Sen.Jack Johnson - moved a new bill to make it even easier for banks for rush through a foreclosure on homeowners. While nationally, 14 major mortgage firms were ordered to begin a process of reimbursement and corrective policies to provide more protection for homeowners struggling since the economic collapse -- a collapse brought on by "deceptive" practices in the mortgage market.

Rep. Matlock and Sen. Johnson introduced HB 1920 and SB 1299, which drops the number of required public notice publications of foreclosure from three times to just once. Currently, Tennessee homeowners have few protections - it can take as little as 21 days to foreclose on a property and the one way to halt it is to file bankruptcy and our state has one of the highest bankruptcy rates in the nation. The bill, as noted at the A Disgruntled Republican blog, would:

Their shorter process would be:
1. A single letter to the homeowner.
2. A single public notice in the paper.
(No property description in the public notice.)
(Errors would legally be allowed to appear in the notice.)
3. Sell the property at auction.

It's shameful.

But, as I said, given the constant moves against citizens in favor of corporate interests, this terrible legislation is likely to sail through the legislature and to hell with the consequences.

Tea Party Republicans vs. ??? Anyone??

The Tea Party Republicans in Washington prevented new hiring in the IRS -- even though by then end of 2010, some $330 billion in taxes had not been collected ... that's about nine times the amount the TPRs claim they will "save" in taxpayer funds. The fact is, for every dollar spent by the IRS nets $10 in return. More on the recent GAO study here.

Now, of course, the TPRs want to threaten the economy with another government shutdown. Take Alabama's Senator, Richard Shelby - he voted to increase the debt limit seven times in the eight years of the Bush/Cheney administration, but now says such a move warrants a government shutdown, though the move would reach far beyond our political wrangling and stir a potential global economic disaster.

Battling the TPR -- well wait, there is no battle. The knee-jerkism surrounding the TPR makes for nifty and utterly untrue sound bites for the cable media to rattle off. The sad thing is how President Obama and Democrats have failed to challenge them:

"More broadly, Mr. Obama is conspicuously failing to mount any kind of challenge to the philosophy now dominating Washington discussion — a philosophy that says the poor must accept big cuts in Medicaid and food stamps; the middle class must accept big cuts in Medicare (actually a dismantling of the whole program); and corporations and the rich must accept big cuts in the taxes they have to pay. Shared sacrifice!

I’m not exaggerating. The House budget proposal that was unveiled last week — and was praised as “bold” and “serious” by all of Washington’s Very Serious People — includes savage cuts in Medicaid and other programs that help the neediest, which would among other things deprive 34 million Americans of health insurance. It includes a plan to privatize and defund Medicare that would leave many if not most seniors unable to afford health care. And it includes a plan to sharply cut taxes on corporations and to bring the tax rate on high earners down to its lowest level since 1931.

The nonpartisan Tax Policy Center puts the revenue loss from these tax cuts at $2.9 trillion over the next decade. House Republicans claim that the tax cuts can be made “revenue neutral” by “broadening the tax base” — that is, by closing loopholes and ending exemptions. But you’d need to close a lot of loopholes to close a $3 trillion gap; for example, even completely eliminating one of the biggest exemptions, the mortgage interest deduction, wouldn’t come close. And G.O.P. leaders have not, of course, called for anything that drastic. I haven’t seen them name any significant exemptions they would end.

---

"What’s going on here? Despite the ferocious opposition he has faced since the day he took office, Mr. Obama is clearly still clinging to his vision of himself as a figure who can transcend America’s partisan differences. And his political strategists seem to believe that he can win re-election by positioning himself as being conciliatory and reasonable, by always being willing to compromise.

But if you ask me, I’d say that the nation wants — and more important, the nation needs — a president who believes in something, and is willing to take a stand. And that’s not what we’re seeing."

Morristown Legislator Don Miller Is Now Snoop Doggy Dog Miller

Morristown legislators Rep. Don Miller and Sen. Steve Southerland had their plans for re-naming the TN Highway Patrol as the state's Police Force shot down last week - and Rep. Miller was dubbed Snoop Doggy Dog Miller in legislation which he also signed on to sponsor, saying "I didn't know what I was signing at the time".

Tom Humphrey has the story:

"The bill (HB1835) then became the subject of joking on the House floor about possible name changes for the sponsor, Republican Rep. Don Miller of Morristown, and Col. Tracy Trott, the commander of the Highway Patrol who pushed for passage.

As approved earlier by the Senate 33-0, the bill would change the official name from Tennessee Highway Patrol to "Tennessee State Patrol." Trott, Miller and Senate sponsor Steve Southerland, R-Morristown, say the idea is simply to reflect that the agency has broader functions than enforcing traffic laws.

In the House floor debate, Miller said Trott has sent an email to troopers around the state and that responses showed officers supported the name change by a 6-to-1 margin. But several lawmakers - including Republican Reps. Scotty Campbell of Mountain City, Matthew Hill of Jonesborough and Curtis Halford of Dyer - said troopers they had spoken with opposed the change.

---

"By tradition, House members engage in a round of joking at the expense of a freshman legislator passing his or her first bill on the floor. Though freshman Miller's first bill was not passed, Rep. Phillip Johnson, R-Pegram, went ahead with the joshing, proposing a mock bill - House bill 1010, since Miller represents the 10th House District.

The bill, read aloud on the floor by Johnson, declared that Miller would henceforth be known as "Snoop Doggy Dog Miller." Trott, in turn, would be known on weekdays as "Colonel On-the-Spot Trott" and, on weekends, as "Colonel Too-Hot-to-Trot Trott."

UPDATE: Taking heat for the name change and the high costs involved (and being the butt of jokes from other legislators) Rep. Miller is trying to chore up the talk about his proposed bill -- but the costs would be higher and a good point had been made that using additional funds to hire more officers might be a better approach. Again, Tom Humphrey has the story:

"According to the Safety Department, out of the THP's $91 million budget in 2009-2010, designated spending on non-traffic enforcement areas included:

--Executive Protection $1.9 million

--Special operations: $1.6 million.

--Capitol security: $1.5 million.

--Criminal Investigative Division: $1.5 million.

--Office of Professional Responsibility: $820,700.

--Aviation: $573,000.

--Governor's Marijuana Task Force: $518,500.