Many residents believe that they were manipulated into taking bad loans, targeted because of their skin color. Over the past couple of years, well-publicized evidence has supported this notion.
In 2009, a federal lawsuit accused Wells Fargo of targeting working-class black people for subprime mortgages, loans with higher interest rates and less favorable terms to compensate for a borrower's perceived financial insecurity. One loan officer testified that employees called them "mud people" and described the mortgages as "ghetto loans." In November 2011, former banker James Theckston explained to the New York Times that some account executives "targeted less savvy borrowers — those with less education, without previous mortgage experience, or without fluent English — and nudged them toward subprime loans," because they earned a higher commission for those transactions. A 2010 study by Princeton's Woodrow Wilson School of Public and International Affairs concluded that black homeowners with similar credit profiles and down payment ratios to white borrowers were more likely to receive subprime loans. And in December 2011, Bank of America agreed to pay a $335 million settlement after the Justice Department alleged that the bank's Countrywide Financial unit charged higher rates and fees to minority borrowers than to financially comparable white borrowers.
Michael Short
Geary Brown, a trucker, saw his monthly mortgage payment shoot up from $1,800 to $2,800 around the time the recession hit. He faces eviction this month.
Michael Short
Since Dexter Cato took back his Bayview house, it has become the rallying point for local homeowners facing foreclosure, a hub for fliers and barbecue.
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"They dangled a carrot in front of people that didn't know a lot of what they were doing," says Rhodes. "'You can send your children to college! Buy a new car! Go on a vacation! When was the last time you went on a vacation? All you gotta do is pull some money out of your house, all you have to do is refi!'"
"That's all we want," he adds, "to send our kids to college. Get a new car. Go on a family vacation. We want that apple pie we see on TV."
A nagging knee injury put Brown's wife on disability in 2008. So when the recession hit and Brown's business slowed, the household didn't have the second income to balance the budget. It was around this time that the mortgage payment jumped to $2,800. This surprised Brown, who had been under the impression that he was locked into the original rate.
"I should have read and understood what they were doing," he says. "I should have read the fine print about the percentage rate on the loan, and how long that was supposed to last. I didn't think about the economy. I didn't see that far ahead."
Brown began missing payments. Then in early 2010, his wife was diagnosed with pancreatic cancer. He didn't want to worry her about the financial matters, so he kept the urgency of the mortgage situation to himself. He sold one of his big rigs and laid off most of his employees. With fewer drivers but higher mortgage payments, Brown gave himself more trucking shifts. The infrastructure projects spurred by the federal stimulus package, he says, opened up much-needed work for him. He spent most days on the road.
Brown was scraping together enough to meet payments, but not enough to cover the months he had missed. In November 2010, he paid American Home Financing, a foreclosure assistance service, $3,500 to help get him a loan modification. The company told him to stop paying his mortgage until a representative got back to him, he says (American Home Financing did not answer several calls from SF Weekly). This was a common piece of advice: In many cases, banks only considered modification once a homeowner proved hardship. But American Home Finance never got back to him. (The Better Business Bureau has given the company an "F" rating.) Brown missed six straight payments.
Bank of America says that around this time Brown was offered a trial modification program, where borrowers must complete three monthly payments at the modified rate before being considered for a permanent modification. The bank claims he missed the trial payments. Brown says he doesn't remember getting this offer.
He continued to seek a loan modification. Bank of America continued to decline. After all, the bank no longer owned the mortgage — like many loans, Brown's had been bundled with others and sold to investors. So the bank was looking out for the investors' interest. From that perspective, the math is simple: Usually for a bank to modify a loan, says Bank of America spokesman Rick Simon, the modification must yield the investor more profit (or less loss) than the foreclosure sale would.
"In the end, the loss taken by the investor to modify a loan, including lost interest income over the average life of a mortgage, must be less than the expected loss incurred if the loan goes to foreclosure," Simon explains.
On Sept. 6, Harborview Mortgage Loan Trust, the investment group that purchased Brown's loan from Bank of America, became the owner of Brown's deed. Two months later, the bank offered Brown $5,000 to leave the house. He considered it. "But I put too much into that house," he says, before adding with a chuckle, "How 'bout I give you $5,000 and I keep the house?"
By January the bank had put the house up for auction. The property was appraised at $252,191. In February, Brown's wife died.
Weekdays at 2 p.m. investors gather at the City Hall steps for an auction of foreclosed property. The size of the group varies, depending on the number and appeal of the day's products. On this day in April, about a dozen are in attendance. No one is willing to give a name on the record, and no one sees much financial promise in Bayview properties.