It has been difficult for me to post something since I last did one on Tuesday - that was/is such an ugly, brutal reality emerging as a commonplace reality across the South ... what can one say after such a grim and despondent tone which occurs when the bottom has been struck so completely?
I also left it at the top of my page as it seems to demand our attention - but it isn't a news story which has received much play in the state's media. Perhaps everyone else is mute as I am just because, really, what can you say about such a dire aspect of life in America in the 21st century?
Consider this post, then, as a sort of buffer, for readers and for myself. I'd like to think the TBI's report is being closely examined by state and local officials, that they are talking about how to approach this problem and cut it out of our society. I'd like to think such conversations are taking place. The lives of so many depend on those conversations and decisions to be made.
Also, I have numerous projects in the non-digital world right now up and running, which I want to write about some too, projects which I hope can counter the bad with some good. Time will tell.
Thursday, May 26, 2011
Tuesday, May 24, 2011
Sex Slavery In Nearly Every County In Tennessee, Says TBI
Sex Slavery By County in Tennessee, Minors and Adults
The above image is from last week's special report from the Tennessee Bureau of Investigation on Human Sex Trafficking in the state and how it impacts children and adults, and how widespread this brutal practice has become.
The TBI Director Mark Gwyn says in his opening comments on this report (full online PDF here):
"The results of the study are shocking. Human trafficking and sex slavery in Tennessee is more common than previously believed possible. Focused specifically on victims between the ages of nine and seventeen, the study pulled together details that found children are moved from city to city in the state and sold as prostitutes. Tennessee, simply because of its geographical position to Atlanta and the large number of interstates that cross the state, is conducive to a traveling business.
Many times those promoting prostitution transport the child victims to large entertainment events or sporting venues where people are traveling through or visiting the state. These visitors, often referred to as ‘sex tourists’, quite often become the clients.
The National Incidence Studies of Missing, Abducted, Runaway and Throwaway Children reports that one in four children who run away from home are approached for commercial sexual exploitation within 48 hours of running away. The average age of a sex trafficking victim is 13.
Trafficking victims rarely come forward to ask for help on their own because they are drugged, brainwashed, threatened and beaten into believing authorities will abuse them worse than their captors. Many times victims are arrested for crimes they are forced to commit. Inherently, cases against the traffickers are difficult for law enforcement to investigate and a challenge to prosecute."
85 percent of the counties in this state have had reports on this cruel sexual slavery. Just a few weeks ago, a large multi-state slavery ring, operating two brothels in Hamblen County, was busted by the TBI and local law enforcement.
WBIR has a report here, including information from Christi Wigel, president of the Community Coalition against Human Trafficking in Knoxville.
Last week, the state legislature attempted to toughen the penalties and consequences for those who promote or participate and are forced to participate in this slavery. Sadly, the Senate added some changes that simply fall short of what's needed:
"This amendment also replaces the provisions of this bill that would make a minor who is charged with prostitution subject to the protective custody of the department of children's services as a possible victim of child sexual abuse. This amendment instead requires that a law enforcement officer who takes a person under 18 years of age into custody on suspicion of having committed prostitution, upon determination that the person is a minor, provide the minor with the telephone number for the national human trafficking resource center hotline and release the minor to the custody of a parent or legal guardian."
Hopefully, in the weeks ahead, local and state law enforcement will convince the state and the rest of us living in Tennessee to give them the tools they need to stop and prosecute these vermin and to provide real help to the minors trapped in Hell.
Sunday, May 22, 2011
Thank The State Lawmakers For Ending Session Early
It's far too beautiful a day to talk too much politics, but I did want to share a few thoughts about the current session of the TN Legislature which has now ended. First, thank the Good Lord they stopped before they made things any worse than they already did.
Corporations got excellent representation and more rights, the average citizen ... meh, not so much. Not a surprise since the so-called Tea Party Conservative Republicans were highly funded corporate puppets who pretended to be 'jes folks to voters.
I was happy myself to see an issue I wrote about often here, a proposal to reduce public notices of foreclosure, died as it should have. In the end, the state did alter the law by declaring just what specific information must be included about the property to be foreclosed, which will reduce the costs of running such ads. But realize too, the banks and their attorneys were the ones who took the original foreclosure law designation - "a brief description" of the property - and ramped it up to a very long and detailed document which cost already struggling homeowners more money.
In truth, however, I don't think the state backed off their plans because of concern about struggling homeowners. I think that once it became very clear that this law would also apply to commercial property too, then businesses quietly voiced their total opposition to such a plan.
And the concept of public notice is not and was not designed to be a "revenue stream" for newspapers. Public notices remain the only accountability in the foreclosure process. As I noted before, the vast majority of mortgages for homes and businesses, already include specific details on the number of public notices required prior to a foreclosure process. Public notices in general remain under attack in the legislature - and it will now cost much much more for anyone to even request and receive public documents.
It's sad how the public has to pay and pay and pay for the duties elected and appointed officials are already supposed to do.
R. Neal at KnoxViews makes some great points today too about what this session of lawmakers have done:
"Us commie liberal bloggers tried to warn you, but voters were fooled anyway by Republican talk of jobs and improving our state's economy. Instead, they got a fantasy smorgasbord of conservative social engineering:
Still, Tom Humphrey at the KNS points out a few items which were at least a little bit helpful in their $30 billion dollar budget:
--$71 million for disaster relief from recent storms and flooding.
But legislation is never simple, easy or direct. Go read Southern Beale's post and you'll see what I mean.
"All of this, of course, masks the true agenda, which is to transfer power from the people to corporations.
Along those lines, this legislative session allowed corporations to donate directly to political campaigns and operate “virtual schools” (whatever the hell that is). We’ve exempted insurance agents and brokers from the TN Consumer Protection Act, and yes we’ve passed “tort reform” ....
Keep in mind, of course, that all of this pro-corporate stuff comes straight from the industry-funded ALEC, which has identical legislation in state legislatures all across the country. But if you want to still believe the fairytale that Tennessee legislators are rugged individualists who don’t take their marching orders from anyone, least of all Washington, D.C., well here’s a glass of Kool-Aid for you."
As much overblown, overtalked nonsense which tumbles out of our state legislature as they invoke this or that part of the state's constitution, I wish they would keep in mind the very first section - Article One, Declaration of Rights:
"Section 1. That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness ...
Corporations got excellent representation and more rights, the average citizen ... meh, not so much. Not a surprise since the so-called Tea Party Conservative Republicans were highly funded corporate puppets who pretended to be 'jes folks to voters.
I was happy myself to see an issue I wrote about often here, a proposal to reduce public notices of foreclosure, died as it should have. In the end, the state did alter the law by declaring just what specific information must be included about the property to be foreclosed, which will reduce the costs of running such ads. But realize too, the banks and their attorneys were the ones who took the original foreclosure law designation - "a brief description" of the property - and ramped it up to a very long and detailed document which cost already struggling homeowners more money.
In truth, however, I don't think the state backed off their plans because of concern about struggling homeowners. I think that once it became very clear that this law would also apply to commercial property too, then businesses quietly voiced their total opposition to such a plan.
And the concept of public notice is not and was not designed to be a "revenue stream" for newspapers. Public notices remain the only accountability in the foreclosure process. As I noted before, the vast majority of mortgages for homes and businesses, already include specific details on the number of public notices required prior to a foreclosure process. Public notices in general remain under attack in the legislature - and it will now cost much much more for anyone to even request and receive public documents.
It's sad how the public has to pay and pay and pay for the duties elected and appointed officials are already supposed to do.
R. Neal at KnoxViews makes some great points today too about what this session of lawmakers have done:
"Us commie liberal bloggers tried to warn you, but voters were fooled anyway by Republican talk of jobs and improving our state's economy. Instead, they got a fantasy smorgasbord of conservative social engineering:
• Tort "reform," taking away your right to seek just compensation for injury or death due to negligence. (They say this is a "jobs" bill. Do we really want employers lured to the state just so they can avoid responsibility for their actions?)
• Made it harder for employees to seek compensation for workplace injuries. Will also allow employers to present uncorroborated, made up evidence when denying unemployment claims.
• Attacks on public education and teachers. Your tax dollars will fund private schools run by drive-by dilettantes for wealthy families, while hard-working teachers and professional educators are shut out of the discussion and subjected to greater political pressure and special interest influence to keep their jobs.
• Authorized contractors to discriminate against gay people when doing business with local governments. Set the stage for banning education about homosexuality in schools.
• Invoked the 10th Amendment to opt out of federal health care programs and regulation.
• Passed a constitutional amendment allowing the legislature to take away a woman's right to make her own decisions about reproductive health. Bonus: it will get even more conservative fundamentalist voters to the polls during the next election when it appears on the ballot for voter approval.
• Enacted a meaningless "anti-terrorism" law aimed at persecuting Muslims.
• Attacked free and fair elections by banning voter verifiable voting machines. They also made it harder for the elderly, disabled and economically disadvantaged to vote while at the same time allowing corporations to now make campaign contributions.
Still, Tom Humphrey at the KNS points out a few items which were at least a little bit helpful in their $30 billion dollar budget:
--$71 million for disaster relief from recent storms and flooding.
--$45 million in funding for Higher Education capital projects.
--$20 million to allow lottery scholarships to be used during summer school.
--$16.5 million to issue bonds for the potential expansion of the Hemlock Semiconductor plant in Clarksville.
--$16 million in nursing home funding.
--$8.5 million to restore previously scheduled rate reductions to TennCare mental health providers.
--$33 million for TennCare services like labs, X-rays, dental and transportation.
But legislation is never simple, easy or direct. Go read Southern Beale's post and you'll see what I mean.
"All of this, of course, masks the true agenda, which is to transfer power from the people to corporations.
Along those lines, this legislative session allowed corporations to donate directly to political campaigns and operate “virtual schools” (whatever the hell that is). We’ve exempted insurance agents and brokers from the TN Consumer Protection Act, and yes we’ve passed “tort reform” ....
Keep in mind, of course, that all of this pro-corporate stuff comes straight from the industry-funded ALEC, which has identical legislation in state legislatures all across the country. But if you want to still believe the fairytale that Tennessee legislators are rugged individualists who don’t take their marching orders from anyone, least of all Washington, D.C., well here’s a glass of Kool-Aid for you."
As much overblown, overtalked nonsense which tumbles out of our state legislature as they invoke this or that part of the state's constitution, I wish they would keep in mind the very first section - Article One, Declaration of Rights:
"Section 1. That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness ...
Friday, May 20, 2011
Congressman Roe Jokes About Death of President Obama
While speaking to the Johnson City Rotary Club, 1st District Congressman Phil Roe made what the Johnson City Press called a "slip of the tongue'' - saying he was glad that Obama was killed, rather than saying Osama was killed. Then he added "Well, I guess you know who I'll be voting for in November!"
Ha. Ha. It's a joke to him - and shows in his mind he equates the ruthless, brutal killer Osama bin Laden with the president.
Without a doubt, in all the heated reporting on OBL's death, many a newsperson and commentator often made the same error - but I never heard anyone once embrace the error and joke about it like my congressman did.
Rep. Roe also made a loopy prediction that a Federal Government shutdown was ahead in August, blaming the likely option of a vote to increase the Fed's debt limit. The fact is, every time the 1917-era law creating the "debt limit" has been reached, Congress has raised it. It's a pretty meaningless "law".
Still, Rep. Roe had his PowerPoint presentation to show off just how evil Democrats are destroying America by daring to spend money. All the recent cheers of success via Congressional Republicans that they cut $38 billion in the budget are also meaningless. They cut money to programs which weren't active and when all the actual computations were made, the cuts amounted to just over $350 million.
In an effort to aid my congressman, here's one simple graphic to show why the debt is so large and where most of it comes from.
And to go with the above graph, here is a breakdown of the numbers and how the graph was created. Here's a sample of some of the facts Rep. Roe does not want his district to know:
"Without the economic downturn and the fiscal policies of the previous Administration, the budget would be roughly in balance over the next decade. That would have put the nation on a much sounder footing to address the demographic challenges and the cost pressures in health care that darken the long-run fiscal outlook."
Ha. Ha. It's a joke to him - and shows in his mind he equates the ruthless, brutal killer Osama bin Laden with the president.
Without a doubt, in all the heated reporting on OBL's death, many a newsperson and commentator often made the same error - but I never heard anyone once embrace the error and joke about it like my congressman did.
Rep. Roe also made a loopy prediction that a Federal Government shutdown was ahead in August, blaming the likely option of a vote to increase the Fed's debt limit. The fact is, every time the 1917-era law creating the "debt limit" has been reached, Congress has raised it. It's a pretty meaningless "law".
Still, Rep. Roe had his PowerPoint presentation to show off just how evil Democrats are destroying America by daring to spend money. All the recent cheers of success via Congressional Republicans that they cut $38 billion in the budget are also meaningless. They cut money to programs which weren't active and when all the actual computations were made, the cuts amounted to just over $350 million.
In an effort to aid my congressman, here's one simple graphic to show why the debt is so large and where most of it comes from.
And to go with the above graph, here is a breakdown of the numbers and how the graph was created. Here's a sample of some of the facts Rep. Roe does not want his district to know:
"Without the economic downturn and the fiscal policies of the previous Administration, the budget would be roughly in balance over the next decade. That would have put the nation on a much sounder footing to address the demographic challenges and the cost pressures in health care that darken the long-run fiscal outlook."
Wednesday, May 18, 2011
The Sen. Campfield Club Needs Parental Okay
I'll hand it to Knoxville Sen. Stacey Campfield -- he do love to make headlines, even ones that make him look like a high-level chucklehead (see The Daily Show). (And for the record, Stupid does not adhere to state boundaries.)
But now The Senator offers a state-mandated, nanny-government rule which would force public schools to make students get pre-approval from parents for any extra-curricular activities of clubs and organizations. Hopefully, despite the intrusion of the State Overlords, most all parents kinda sorta know what kinds of clubs and groups their children take part in - just ask most any parent and they'll tell you the long list of locations and activities they drive their children to and from.
But Big-Government, You-Need-Help-Parenting The-Sen.-Campfield apparently is utterly unaware of such familial behavior.
And really, should it not be the local school boards which set the standards for student organizations and parental notifications? And don't they do that already??
I'd hate to think students will be forced into top-secret, underground groups and confederations. Who knows, though, maybe Sen. Campfield could start one of his own ...
The Nominee (Not An Actual Photo of Sen. Campy)
But now The Senator offers a state-mandated, nanny-government rule which would force public schools to make students get pre-approval from parents for any extra-curricular activities of clubs and organizations. Hopefully, despite the intrusion of the State Overlords, most all parents kinda sorta know what kinds of clubs and groups their children take part in - just ask most any parent and they'll tell you the long list of locations and activities they drive their children to and from.
But Big-Government, You-Need-Help-Parenting The-Sen.-Campfield apparently is utterly unaware of such familial behavior.
And really, should it not be the local school boards which set the standards for student organizations and parental notifications? And don't they do that already??
I'd hate to think students will be forced into top-secret, underground groups and confederations. Who knows, though, maybe Sen. Campfield could start one of his own ...
The Nominee (Not An Actual Photo of Sen. Campy)Monday, May 16, 2011
Foreclosure Chances 38% Higher In Tennessee
72 Tennessee legislators said YES to shorten the amount of public notices published for home foreclosures this past week - despite information which indicates that such practices have very negative economic reactions - for homeowners and commercial property owners - and for the state's economy in general.
Tennessee is one of only 5 states (Michigan, New Hampshire, Tennessee Utah, and West Virginia) which do not offer a judicial review of foreclosures (25 states offer the option of either having a judge review the process or for a non-judicial review). While it is true such judicial reviews can offer greatly lengthen the foreclosure process, that's a result of offering greater consumer protections.
Since TN does not offer that option, some striking statistics emerge in recent studies:
"What we found is not only do these neighborhoods that do not require a judicial process have higher rates of foreclosure but as a result, they have a much steeper decline in housing prices and real outcomes”, says Mian. “It’s possible that the further decline of the broader economy makes people feel less wealthy and so they start becoming more cautious with new investments and buying debt.”
Tennessee is one of only 5 states (Michigan, New Hampshire, Tennessee Utah, and West Virginia) which do not offer a judicial review of foreclosures (25 states offer the option of either having a judge review the process or for a non-judicial review). While it is true such judicial reviews can offer greatly lengthen the foreclosure process, that's a result of offering greater consumer protections.
Since TN does not offer that option, some striking statistics emerge in recent studies:
"What we found is not only do these neighborhoods that do not require a judicial process have higher rates of foreclosure but as a result, they have a much steeper decline in housing prices and real outcomes”, says Mian. “It’s possible that the further decline of the broader economy makes people feel less wealthy and so they start becoming more cautious with new investments and buying debt.”
The researchers collected data from RealtyTrac.com, Fiserv Case Shiller Weiss, Zillow.com, and Equifax to study foreclosures, house prices, and delinquency rates by zip code, respectively.
The rate of foreclosure per delinquent home in 2008 and 2009 is twice as high in non-judicial states. A delinquent home has a nineteen percent chance of being foreclosed in a judicial state, but thirty eight percent in a non-judicial state."
As noted in last week's Senate Judiciary Committee meeting on the bill, mortgage attorney Steve Baker, "There is no compelling reason to shorten the time for publication of public notices," and further, "The more notices published for a sale, the more it helps to create a better market" for potential buyers.
Sen. Jack Johnson, sponsor of the bill, noted in his testimony "... it may be considered I have a personal interest in this bill" as he is a board member for a state bank. Other comments, from the Tennessee Bakers Association, said "banks pay the fees for the public notices if a mortgage holder can not." It's safe to say if a mortgage holder cannot pay their bills, then they will be unlikely to pay any publication fees.
Sen. Jerry Jones noted in her opinion piece in The Tennessean:
"We are facing economic challenges not seen for decades. But instead of helping Tennessee residents hold onto their homes and get back on their feet, this legislation will make it easier to foreclose and harder on working families to recover from hard times."
House sponsor of the bill (HB1920) Rep. Jimmy Matlock, also a banker, said in an opposing editorial:
"But it is a complicated issue and at any rate is nothing but a red herring to divert attention away from the real issue — money."
Thursday, May 12, 2011
Take A Survey On Politics and Online Activity
I was contacted by educators from the School of Journalism at University of Texas working with Barb Kaye, a professor in the Journalism and Electronic Broadcasting at University of Tennessee-Knoxville to share with you a new survey on online activity and political news and information. They've urged me to reach out to my readers and ask you to take the survey too, and I hope you do. Just click here to take the survey.
The purpose of this survey is to examine the uses and users of online sources for political information. We ask that only those individuals who access websites, blogs, social media sites, Twitter, and YouTube for political information participate in this survey. Additionally, respondents must be eligible to vote in the U.S.
The survey should take between about 15 - 20 minutes to complete. If you have any questions or would like access to past work, please email us at UT-Austin.politicalsurvey@hotmail.com
As part of the survey procedures we're including a "snowball" option - we're asking you to please send the survey URL to people you know who access websites, blogs, social media sites, Twitter or YouTube for political information and are at least 18 years old.
URL: http://survey.utk.edu/mrIWeb/mrIWeb.dll?I.Project=SOURCES2011
Please copy the URL into an email, onto a website or blog, or Tweet it to those you think would be interested in filling out the survey.
The purpose of this survey is to examine the uses and users of online sources for political information. We ask that only those individuals who access websites, blogs, social media sites, Twitter, and YouTube for political information participate in this survey. Additionally, respondents must be eligible to vote in the U.S.
The survey should take between about 15 - 20 minutes to complete. If you have any questions or would like access to past work, please email us at UT-Austin.politicalsurvey@hotmail.com
As part of the survey procedures we're including a "snowball" option - we're asking you to please send the survey URL to people you know who access websites, blogs, social media sites, Twitter or YouTube for political information and are at least 18 years old.
URL: http://survey.utk.edu/mrIWeb/mrIWeb.dll?I.Project=SOURCES2011
Please copy the URL into an email, onto a website or blog, or Tweet it to those you think would be interested in filling out the survey.
TN Legislature Pushes Forward on Bills Changing Public Record Laws, Foreclosures, Teachers Unions
As mentioned previously, a wide range of bills creating many changes to the state's laws on
-- Citizen requests for public records
-- Shorten the number of public notices for foreclosures
-- Eliminating collective bargaining for Teachers Unions
and many others remain under consideration, with some hearings to be held today. UPDATE: the House version of the foreclosure law (HB1920) was passed today on a vote of 72 Yes and 19 No.
There was some lengthy and often contradictory debate this week on a proposal being pushed by the Tennessee Bankers Association to reduce the number of public notices of foreclosures currently required. This bill not only affects homeowners, but all commercial property mortgages as well.
The bill (SB 1299) was approved on a vote of 5 to 4. However, it is most notable that the Senate sponsor of the bill, Sen. Jack Johnson, and two members of the Senate committee considering the bill, Sen. Doug Overbey and Sen. Brian Kelsey, all invoked what's called Rule 13. Rule 13 requires that voting members must state if they have a potential "personal interest" in the legislation being considered.
Rule 13 does not require them to not vote, just to state out loud: "... it may be considered that I have a degree of personal interest in the subject matter of this bill, but I declare that my argument and my ultimate vote answer only to my conscience and to my obligation to my constituents and the citizens of the State of Tennessee."
If such personal interests did require them to abstain from voting, the measure would have died.
During the debate, one aspect of the bill received wide approval, that of defining specifically what information describing the property to be foreclosed. Current law simply says "a brief description" and over the years, that has turned into an often very lengthy legal description, which is costly to create and to publish.
But it's the issue of reducing the number of times the notice would be published from 3 to 2 (the original bill would have made only 1 publication mandatory) which has the biggest impact. The cost of the publication also is disputed. TBA officials claim the notices serve little function, as most mortgage holders already know if they are behind in payments and facing foreclosure. But mortgage attorney Steve Baker refuted that, saying more notices means more people will and do attend public auctions of foreclosed property, and further, that since the state does not require any court oversight of foreclosures, public notices insure the most possible exposure to attract buyers and creates a more robust market for sales.
"There's no compelling reason to shorten the time for public notice," he said, adding "Tennessee already has one of the fastest and least expensive foreclosure processes in the country."
The TBA also claims the cost of publication is around $3000, though they offered no average cost figures. Newspaper publisher Eric Barnes testified the cost was only $212 per notice, currently making the cost just over $600, and added that in his area of West TN, banks will often publish notices in publications which charge the banks more. Further, the shorter descriptions being considered will also drop the costs of public notice publication by 30 to 40 percent.
Senators Overbey, Kelsey, Campfield, Bell and Yager voted in favor of the bill, while committee chair Sen. Beavers voted no, along with Senators Barnes, Ford, and Marrero.
Other bills which continue to get legislative approval include:
• SB0326: Opts out of Medicare and Medicaid and establishes state program funded by federal funds formerly spent on Medicare and Medicaid.
-- Citizen requests for public records
-- Shorten the number of public notices for foreclosures
-- Eliminating collective bargaining for Teachers Unions
and many others remain under consideration, with some hearings to be held today. UPDATE: the House version of the foreclosure law (HB1920) was passed today on a vote of 72 Yes and 19 No.
There was some lengthy and often contradictory debate this week on a proposal being pushed by the Tennessee Bankers Association to reduce the number of public notices of foreclosures currently required. This bill not only affects homeowners, but all commercial property mortgages as well.
The bill (SB 1299) was approved on a vote of 5 to 4. However, it is most notable that the Senate sponsor of the bill, Sen. Jack Johnson, and two members of the Senate committee considering the bill, Sen. Doug Overbey and Sen. Brian Kelsey, all invoked what's called Rule 13. Rule 13 requires that voting members must state if they have a potential "personal interest" in the legislation being considered.
Rule 13 does not require them to not vote, just to state out loud: "... it may be considered that I have a degree of personal interest in the subject matter of this bill, but I declare that my argument and my ultimate vote answer only to my conscience and to my obligation to my constituents and the citizens of the State of Tennessee."
If such personal interests did require them to abstain from voting, the measure would have died.
During the debate, one aspect of the bill received wide approval, that of defining specifically what information describing the property to be foreclosed. Current law simply says "a brief description" and over the years, that has turned into an often very lengthy legal description, which is costly to create and to publish.
But it's the issue of reducing the number of times the notice would be published from 3 to 2 (the original bill would have made only 1 publication mandatory) which has the biggest impact. The cost of the publication also is disputed. TBA officials claim the notices serve little function, as most mortgage holders already know if they are behind in payments and facing foreclosure. But mortgage attorney Steve Baker refuted that, saying more notices means more people will and do attend public auctions of foreclosed property, and further, that since the state does not require any court oversight of foreclosures, public notices insure the most possible exposure to attract buyers and creates a more robust market for sales.
"There's no compelling reason to shorten the time for public notice," he said, adding "Tennessee already has one of the fastest and least expensive foreclosure processes in the country."
The TBA also claims the cost of publication is around $3000, though they offered no average cost figures. Newspaper publisher Eric Barnes testified the cost was only $212 per notice, currently making the cost just over $600, and added that in his area of West TN, banks will often publish notices in publications which charge the banks more. Further, the shorter descriptions being considered will also drop the costs of public notice publication by 30 to 40 percent.
Senators Overbey, Kelsey, Campfield, Bell and Yager voted in favor of the bill, while committee chair Sen. Beavers voted no, along with Senators Barnes, Ford, and Marrero.
Other bills which continue to get legislative approval include:
• SB0326: Opts out of Medicare and Medicaid and establishes state program funded by federal funds formerly spent on Medicare and Medicaid.
• SB0932 Weakens wage and hour and workers' compensation laws, makes it easier for employers to deny future medical claims for workers' compensation settlements, establishes presumption of natural/aging cause for workplace injury unless proven otherwise by injured worker, with additional special requirements for proving work related hearing loss and carpal tunnel syndrome.
• SB 1915: Increases campaign contribution limits, allows corporations to contribute to candidates; allows members of the general assembly and the governor to fundraise as candidates for other elective offices during session.• SB0940: Makes it more difficult for whistleblowers and victims of discrimination to prove their cases against employers.
• *HB1875: Allows state officials to charge a fee for viewing or producing public records. (NOTE: The bill will create a new cost for public records requests based on the hourly wages of any and all employees who work to fill that request and for all the time they claim they require to locate, preview, redact, and copy the records being requested.)• HB 0130: Abolishes teachers' unions ability to negotiate terms and conditions of professional service with local boards of education. NOTE: has already passed Senate, this is a special committee hearing in House. (NOTE 2: House Speaker Beth Harwell decided to cast a vote on this bill in order to break a tie vote, which would have killed this legislation.)
Wednesday, May 11, 2011
Life In The Age of the Algorithm
An in-depth essay explores how what is written online may not be written by a person, but by a mathematical formula. Is it the end of writing, the start of a new age, or are some folks simply worried about change?
"As computers have become faster and more powerful—and as the costs of storage and bandwidth have plummeted—there is virtually no limit to the specificity, size and complexity of computer algorithms. They are insinuating themselves into more and more areas of our lives: in the office, on trading floors and financial exchanges, even on movie screens. And the most ubiquitous and influential algorithm of the digital age is the one you encounter every time you type a few words into that rectangular bar on your computer screen: search."
Read the whole essay here.
"As computers have become faster and more powerful—and as the costs of storage and bandwidth have plummeted—there is virtually no limit to the specificity, size and complexity of computer algorithms. They are insinuating themselves into more and more areas of our lives: in the office, on trading floors and financial exchanges, even on movie screens. And the most ubiquitous and influential algorithm of the digital age is the one you encounter every time you type a few words into that rectangular bar on your computer screen: search."
Read the whole essay here.
Tuesday, May 10, 2011
TN Legislature Voting On Changes to Public Records, Foreclosure Laws, Teachers Unions
KnoxViews has a roundup of new legislation headed for votes today and tomorrow which have been making headlines and offer a wide range of changes to state law, including making it tougher to gain access to public records and making it easier for homes to be foreclosed.
Just some of the items up for consideration:
Just some of the items up for consideration:
• SJR0221: Constitutional amendment banning income tax.
• SJR0118: Requests Congress to propose an amendment to the US Constitution prohibiting unfunded federal mandates and programs except during declared fiscal emergency.
• SJR0119: Requests Congress to propose an amendment to the United States Constitution that would authorize states to rescind certain federal laws.
• SB0326: Opts out of Medicare and Medicaid and establishes state program funded by federal funds formerly spent on Medicare and Medicaid.
• SB0932 Weakens wage and hour and workers' compensation laws, makes it easier for employers to deny future medical claims for workers' compensation settlements, establishes presumption of natural/aging cause for workplace injury unless proven otherwise by injured worker, with additional special requirements for proving work related hearing loss and carpal tunnel syndrome.
• SB 1772: Legalizes moonshining in Cocke Co.
• SB 1915: Increases campaign contribution limits, allows corporations to contribute to candidates; allows members of the general assembly and the governor to fundraise as candidates for other elective offices during session.
• SB1299: Reduces requirements for publication of foreclosure notices in newspapers.
• SB0940: Makes it more difficult for whistleblowers and victims of discrimination to prove their cases against employers.
House Finance Ways and Means Committee
• *HB1875: Allows state officials to charge a fee for viewing or producing public records.
House Education Committee
• HB 0130: Abolishes teachers' unions ability to negotiate terms and conditions of professional service with local boards of education. NOTE: has already passed Senate, this is a special committee hearing in House.
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.
Monday, May 09, 2011
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.
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.
Sunday, May 08, 2011
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.
"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.
---
"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."
---
"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."
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.
---
"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."
---
"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."
---
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.
Friday, May 06, 2011
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.
---
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.
---
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:
---
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.
---
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 ...
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.
---
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.
---
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:
---
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.
---
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 ...
Thursday, May 05, 2011
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.
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.
Monday, May 02, 2011
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.
Friday, April 29, 2011
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 ....
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 ....
Thursday, April 28, 2011
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.
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."
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