Night on Fantasy Island

As a snapshot of the wildly dysfunctional state of our political union, last night’s festivities were a smashing success. All sides were serving up plenty of mom, apple pie and platitudes while ignoring what’s actually left on plates of millions of Americans –nothing.

I did find at least something to agree with in what each of the speakers said. Who can quarrel with President Obama when he calls on us to “win the future?” And I want my government as lean and mean as Paul Ryan and the Republicans do, without any wasteful subsidies that boost corporate tycoons and their overseas expansion rather than creating decent-paying jobs here at home.

It’s true that the tea party’s spokeswoman, Rep. Michele Bachman of Minnesota, looked like aliens had captured her brain and were speaking through her. Maybe we would have been better off if the aliens had captured Obama and Ryan too. At least Bachman briefly took note of the high unemployment rate before she went off to into her own rhetorical fantasyland.

That’s more than you can say for President Obama, who was pitching us his hallucination that his new pals from the Chamber of Commerce are going to beat their corporate profits into ploughshares in partnership with government, in an effort to foster new technologies and growth that we all share. Forgive me if I can’t get too worked up about this. Didn’t we try this government-corporate partnership recently? Wasn’t that what the bailout was?

Back here on Planet Earth, that didn’t work out so well for a lot of us, though it does seem to have worked well for the president’s friends at General Electric and JPMorgan Chase.

Both Ryan and Bachman aren’t interested in any partnerships; they want to dismantle government altogether so that GE, JPMorgan and the rest of the corporatariat can run the show without any interference at all. The only difference is that Bachman would like to do it faster, with less nice talk, than Ryan.

Neither the president, Ryan, or Bachman could focus on reality long enough to mention the long, steep decline of the middle class or the on-going foreclosure crisis, or offer any specific ideas on addressing those very real issues.

Back here on Planet Earth, we’re going to have to harness all of our ingenuity, strength and diversity just to wrestle our political system back from these leaders and their corporate backers before they plunder what’s left of it.

In this “Bust Bowl,” It’s Every Person for Themselves

During the 1930s, drought and dust storms combined to devastate farms in the heartland of the United States, already decimated by the Great Depression. One quarter of the population of the “Dust Bowl” lost their farms and ranches when the banks foreclosed on them. Millions left the Great Plains for California or elsewhere.

Today, the entire nation is trapped in a “Bust Bowl,” laid low from coast to coast by the collapse of an economy based largely on finance and speculation. The “official” unemployment rate, which has been above 9.5% for the last fourteen months, understates the true devastation wrought by the Wall Street debacle. Vast numbers of our citizens have descended into poverty: 42 million Americans – one in seven – are considered poor.  Just an hour or two outside LA, 15 to 20% of residents in towns like Bakersfield and Riverside are below the poverty line.

Back in the Thirties, farmers joined together to protect each other against foreclosures: trying to block authorities from seizing the farms, moving furniture back into the homes of the evicted, and refusing to bid on properties that were foreclosed. But there’s little sympathy for our neighbors evident these days.

To the contrary, speculation has ingrained itself so deeply in the American psyche that people view foreclosures as an opportunity to snatch up a home at distressed prices. And now that some banks are pulling homes off the market because they can’t prove they hold the mortgages, as my colleague Martin Berg has described, would-be purchasers are unhappy. The New York Times quoted a Florida mother who was supposed to move into a foreclosed “three bedroom steal” when Fannie Mae took the house off the market. “Now I’m sharing a room with my son,” she complained. “What the hell is up with that?”

It’s hard to feel sorry for someone who is trying to reap some kind of a windfall from someone else’s tragedy.

I know, everyone’s just trying to get by. The Times noted that one man who had lost his own home to foreclosure after falling behind on his payments had made a successful bid on another foreclosed home – his “dream house” – only to have the deal frozen by the bank.

But is the solution to beggar thy neighbor?

Consider the debt collector profiled in the New Yorker this week. A former drug dealer who did some time, “Jimmy” now runs a small operation in Buffalo, New York. He buys bad debts from businesses like banks and credit card companies for a few cents on the dollar, and then does what he can to collect from the people who owe the money. Anything he can get, he keeps. With so many Americans out of work and deeply in debt, the collection business is booming these days. Buffalo’s home to quite a few such firms these days, because, as Jimmy explains, “Buffalo is broke!” Jimmy’s got five kids and he’s trying to make a living and meet the payroll for his staff, whose job is to nag and cajole people into paying something on what they owe. Plus he’s up against some bigger firms that are willing to break the law in order to collect. But it’s not a pretty picture, especially because it soon becomes clear that Jimmy’s company is in trouble, and he may soon find himself among the debtors of Buffalo.

The average American is not going to be able to leverage himself out of this economic nightmare.

In the Thirties, the federal government ultimately came to the rescue: prodded by Roosevelt, Congress authorized the courts to reduce a farm mortgage to its diminished market value, and to suspend a farm foreclosure for three years. (A conservative US Supreme Court initially struck the law down as an improper intrusion of the government in the banking business, but it was later upheld.) Farmers were also allowed to borrow money through the federal government to pay off their old mortgages. This was the New Deal.

This time around, Wall Street firms have been given access to trillions of dollars of federal money at rates approaching zero interest, but with no requirement that they lend this taxpayer money back to taxpayers at all, much less at fair interest rates. Thus the banks, credit card companies and investment firms are back in business and in fact, most are rolling in dough. The rest of us have to pay exorbitant interest to borrow our money, if it is offered at all. And at the behest of Wall Street, the US Senate rejected a proposal to allow federal bankruptcy courts to modify mortgages so people could stay in their homes. A few days ago, the Obama administration rejected a nationwide moratorium on foreclosures. "While we understand the eagerness to make sure that no American is foreclosed upon in error, we must be careful not to over-reach and apply a remedy that will make the underlying problem of foreclosures worse," according to the Federal Housing Administration.

I'd call this a "Raw Deal."

The Credit Wolves Stalk South-Central

Before they fell into a costly cycle of subprime refinancing, Harold and Patricia King could afford to live in their modest two-bedroom home in south-central Los Angeles. They had paid $17,500 for it in 1968 with the help of a low-interest G.I loan.They raised two children and two grandchildren there. Harold retired in 1994 after 30 years on General Motors’ assembly line. His wife retired a few years later from her clerical job with the school district. They had a monthly fixed income of $2,900 and a fixed monthly mortgage payment of less than $1,000. They could handle it.

Unlike some who were able to take advantage of the cash they squeezed from the value of their homes, the Kings have little more than financial devastation to show for it. They refinanced 10 times — eight times between 2000 and 2006 — through various financial institutions. They wound up with more than a half million dollars in debt and payments more than their monthly income. Earlier this year they joined the more than 1 million other homeowners across the country that face foreclosure.

While we’ve seen and heard lots of stories of families suffering through losing homes they could never actually afford, the King’s saga puts into sharp focus one of the overlooked aspects of the on-going foreclosure crisis –many homeowners who had traditional– and affordable – mortgage loans were sold into subprime hell via refinancing deals.

In its 2006 study, “Losing Ground,” the Center for Responsible Lending found that between 1998 and 2006, “the majority of subprime loans have been refinances rather than purchase mortgages to buy homes,” and that homeowners who repeatedly refinance face a higher likelihood of facing foreclosure.

In February, the Kings packed their belongings in boxes, preparing for the loss of their long-time home. But they decided to fight for the home they’ve lived in for more than 40 years.  With the help of their lawyer, they’ve been able to stave off foreclosure, at least through the rest of the year. They’ve gone on the offense, suing their most recent lenders earlier this year for fraud and elder abuse.

Tracking the complex cast of characters and institutions with key roles on the business side of the Kings’ plight also offers a stark reminder that the explosive growth in subprime created vast wealth that never trickled down to hard-hit communities like south-central Los Angeles, a once-vibrant largely African-American and Latino neighborhood increasingly blighted by the lasting marks of the severe recession – high unemployment and high rates of foreclosure.

Take for example Deutsch Bank, which bought the MortgageIT firm that provided one of their Kings’ refinancings. In 2009, the banking giant increased its compensation to its executive board nine-fold over the previous year, led by the bank’s president, who was paid $13 million. Deutsch Bank’s path through the rocky financial crisis was helped along by its share of more than $50 billion it got in funds from the taxpayer bailout–funds the federal government paid to insurance giant AIG, which were then passed on to AIG’s clients – what has been labeled the “back-door bailout.”

The Kings also crossed paths with a lesser-known firm called Green Tree, which at one time was hired to act as the servicer on their loan – collecting the Kings’ mortgage payments every month. Founded by Lawrence Coss, a former car salesman, the firm had made a fortune in the 1990s by loaning money to people to buy mobile homes. Around the time Harold King was retiring from GM, Coss was drawing attention as the country’s highest-paid executive, winning a $69 million bonus ­– the largest bonus of all time when it was awarded in 1996. The following year he did even better, with a $102 million bonus. However, the fat profits that got Coss the bonus later turned out to be a mirage, built from bundles of risky loans and shaky accounting. Coss had to give some of his bonus back but managed to hang onto his ranches and philanthropic foundation. If anybody had been paying attention back in 2001, the unraveling of Green Tree’s business could have provided an early warning signal of the problems to come.

But in places like south-central Los Angeles, the country’s financial institutions were on a lending spree.  The Kings originally borrowed some money against their equity to supplement their retirement income. But then a series of lenders decided that the retired couple on a fixed income were good candidates for much larger refinancing.  What they offered the Kings were adjustable-interest rate loans with low teaser rates and exorbitant closing costs, fees and prepayment penalties. The Kings readily acknowledge now that they are financially unsophisticated and didn’t understand what they were getting themselves into. The deeper they went into debt the worse they felt.

“I felt guilty; I didn’t want to discuss it,” Patricia King says now. “I knew that something was deeply wrong. You hope for the best. But nothing good ever happened.”

Eventually lenders told the Kings that they needed to find somebody with better credit if they wanted to refinance their home. They brought in their 35-year-old grandson Antonio, who at the time worked at the Coca-Cola bottling plant.

According to the Kings’ lawsuit, Antonio King informed lenders that his monthly income was $3,700 a month, but when the broker or lender prepared the application, it showed his monthly income as $10,200 a month. The application, submitted on Antonio King’s behalf, also exaggerated the value of the home, from $154,000 to $540,000.  The Kings’ lawyer, Philip Koebel said of their grandson: “He threw himself to the credit wolves.”

Koebel said Antionio King found an ad for what sounded like an attractive new loan with a monthly payment of about $1,000 a month.

The Kings didn’t understand that they were getting into a negative amortization loan. The Kings were told that they would save $1,000.00 per month in comparison to a conventional mortgage if they made the minimum payment. They were not told that the minimum payment didn't even cover the interest. They were not told that the difference would be added to the principal of their mortgage and that they would be charged additional interest on the ever increasing balance of their mortgage.

With the money they got, the Kings paid off the previous loan. But they couldn’t keep up with the new payments. Antonio tried to work out a loan modification but Green Tree, which was servicing the loan,  “was not interested in making the loan affordable to the Kings,” according to their lawsuit.  Eventually Antonio filed bankruptcy in an effort to save his grandparents’ house. His 80-year old grandfather mows lawns in the neighborhood to bring in a couple of hundred dollars a month.

The lenders have fought to have the Kings lawsuit thrown out, so far unsuccessfully. In court papers their defense lawyers characterize the lawsuit as nothing more than “vague allegations and broad generalizations.” The Kings, they say, were “reaping the rewards of the strong housing market at the time and taking cash-out payment after cash-out payment each time they refinanced the loans.”

The Kings “were clearly very familiar with the loan refinancing process,” the lenders’ lawyers contend.

Like many others, the Kings didn’t see that the world had fundamentally changed, Koebel said. “Once a mortgage loan had been a relatively simple matter; a talk with a banker and a fixed payment for life. They’re not supposed to put your home at risk.”

Listening to Our History

Driving through the west, headed towards home from a cross-country road trip with my wife Stacie and dog Billie, there's endless hours on the highway, no Internet and not much radio except for hard-right talk.

Hearing the voices passing through the desert states is a grim reminder of the forces we're up against, who now characterize themselves as the real "community organizers," who represent the real people.

It’s not just the right wing. Lots of people have adopted the timid trickle-down theories embodied by our political leadership: "Don't get too tough on BP or they’ll take away our jobs. Don't cross Wall Street, we need to keep the market stable."

We’re in Winslow, Arizona, wondering whether a boycott will worsen the dire poverty we see in front of us. It’s easier and more politically expedient to make immigrants the scapegoats for lack of jobs and economic uncertainty than it is to question a system that is seriously out of whack, that offers the biggest rewards to those who gamble on our collective losses without risking their own wealth.

That's what a big chunk of the financial system like hedge funds and derivatives has become. Cynical and bloodthirsty, producing nothing except profits for the few. And the gesture toward financial reform winding its way through congressional conference committee does little to change that.

I understand the fears of friends and family that the money they have saved and invested over the years will be lost if we challenge Wall Street and the robber barons of our time. The financial industry has shown that if it doesn’t get what it wants it is capable of wrecking our economy and causing great suffering for others. But this kind of blackmail undermines democracy. We deserve a financial system that provides both transparency and financial security.

Traveling through the country, along roads adjacent to rail lines and mile-long freight trains, I kept thinking about our nation's history and those rare moments of courageous leadership like Teddy Roosevelt tackling the railroad trusts, and FDR and his team creating the New Deal to save the financial system from its own excesses. And the creation of the GI Bill, which was designed to bolster possibilities for people who risked their lives for our country, and had played a huge part in the creation of a vital middle class. These were moments when audacious politics met pragmatic problem-solving.

I attended the Personal Democracy Forum in New York City earlier this month. The topic of the wide-ranging conference was “Can the Internet Save Politics?”

One of the most inspiring speakers was Daniel Ellsberg. Amid all the excitement over the possibilities for political activism and engagement with new social media, Ellsberg reminded us that one of the most important ingredients is the same as it always was: moral courage.

Ellsberg was the Pentagon military analyst who leaked a secret Defense Department account of the disgraceful political decisions that led the country into the Vietnam War and its outcome. Plenty of people on the inside knew what was happening in Vietnam, Ellsberg said, but they had kids to put through college and mortgages to pay. They were not about to step outside the system and jeopardize their careers.

Not everybody has the nerve or inside information to be a whistleblower like Ellsberg. But we can demand a financial and economic system where we don’t have to sacrifice our financial security to those who gamble against our futures.

We can demand that our president delivers on his campaign promise of real change. There can be no real change without confronting corporate power over our government and political system. We are as controlled today by the financial and oil industries as we were by the railroad barons when Teddy Roosevelt took them on. TR said one should speak softly and carry a big stick. President Obama has been doing the opposite. We need to demand that Barack Obama follow TR’s suggestion.

Quotable: The Marx Brothers

"You can have any kind of home you want. You can even get stucco. Oh, how you can get stucco."

The Marx Brothers

`Cocoanuts,' 1929

Sol Price, Capitalist Hero

In the pantheon of contemporary American capitalism, there are few living heroes. Now there is one fewer. Sol Price, the legendary retailer, unprecedented philanthropist, counselor to people and presidents alike, died last month at the age of 93. He was a mentor and a friend to many including myself, a modest man whose straightforward approach to his business and the nation’s could be epitomized by the question to which this web site is dedicated: “where’s our money?”

On Friday, more than a thousand friends of Sol Price packed a San Diego ballroom to mark his passing.

One of them was Jim Sinegal, who was just a kid when he met Sol while unloading a bunch of mattresses at FedMart, Sol’s first venture into retailing, back in the nineteen fifties in San Diego. Sinegal was there in 1976, when Sol and his son Robert pioneered the “big box” membership store. Its features are commonplace now, but back then, they were a revolution in retailing: the stores relied on word of mouth rather than paid advertising. Expenses were cut to the bone by building concrete warehouses and locating them where real estate was less costly. Hours were limited. Instead of tens of thousands of stocked items, you’d find only thousands. But they’d be top quality, and, because they were bought in bulk and overhead was so low, much cheaper for the consumer. And for a long time, the stores refused to accept credit cards – because Sol did not like the idea of his customers going into debt.

Sol always considered himself an agent of the consumer. “We tried to look at everything from the standpoint of, Is it really being honest with the customer?” Sol told Fortune Magazine in 2003. “If you recognize you’re really a fiduciary for the customer, you shouldn’t make too much money.”

They called the company the Price Club. I always found it fascinating that he was born with a last name so nearly eponymous with the savings ethic that marked his retail philosophy. Today, after a 1993 merger, the $71 billion company is known as Costco. It has 566 stores, with over 56 million members. Sinegal is its President.

(A note for those who consider invention the province of the young: Sol was 60 years old when he started the Price Club.)

Sam Walton, the founder of WalMart and later Sam’s Club (names he acknowledged cribbing from FedMart and Price Club), said, “I guess I’ve stolen – I actually prefer the word ‘borrowed’ - as many ideas from Sol Price as from anybody else in the business.” But in contrast to the WalMart approach, Price offered employees high wages, employment stability, full health care coverage and invited unions to represent store workers.

Sol’s honesty and integrity were the core of his being, and guided his conduct as a businessman. Sinegal told the story of how Price refused to set up restrooms separated by race in Texas. How he once persuaded a hosiery supplier to cut his wholesale price deeply upon the promise of volume sales, but when the volume failed to materialize, Sol repaid the wholesaler the difference, a gesture unheard of then – or now.  Or how he refused to lowball the owners of a bankrupt company forced to sell their assets. “Never kick a man when he is down,” Sol said.

“It is impossible to make him bigger in death than he was in life,” Sinegal said Friday.

Sol became famous around the world for his business acumen, but it was his philanthropy that distinguishes him from so many other ultra-rich.  “Sol told me, ‘we make money so we can give it away,’” recalled Sherry Bahrambeygui, a young, super-smart lawyer he recruited to help manage the Price family’s business and charitable endeavors.

Sol lived the quintessentially American rags to riches story, and I saw that background reflected both in his demeanor – he was direct, to the point, and would not tolerate flattery or prevarication – and in his careful, frugal approach to everything he did, from how he lived to his businesses and philanthropy.

The son of a labor organizer, Sol grew up during the Great Depression and decided to study law, graduating from University of Southern California Law School in 1938. During World War II, he practiced law by day, but spent his nights training maintenance workers to service engines at a San Diego airfield. Unlike most businessmen, who often whine about lawsuits and support efforts to roll back consumer protection laws, Sol was a strong supporter of the right to go to court. All of his actions were guided by his strong sense of what was just and fair.

Though his personal wealth was estimated at $500 million, he lived in a modest home, drove himself to work until he no longer could, used pencils rather than pens, and, I’m pretty sure, wore a Timex watch.

Sol instituted his most ambitious philanthropic project close to home. Working with local officials, Sol, his son Robert and a small staff operating out of his office in LaJolla revitalized the dilapidated City Heights section of San Diego. He, his family and their charities donated over $150 million to build schools, housing, a library, recreational facilities, a police station, and provide a host of family services to City Heights residents. No detail was too small to escape his attention; he was known to insist on the particular kind of shrubbery to be included in the landscaping. His work at City Heights confirmed his belief that the most efficient and effective way to provide health care to kids was through the school system – an approach that was briefly contained in the health care legislation now before Congress.

Another project arose from the loss of a grandson to cancer at age fifteen. The Aaron Price Fellows program enrolled promising high school students in a special curriculum that taught about government and civic involvement. One of its graduates, San Diego City Councilman Todd Gloria, joked on Friday that some might say a “ten pound bag of rice” was Sol’s legacy. Not so for the six hundred Price Fellows. “I would not be where I am today were it not for Sol Price,” Gloria said. When asked to identify themselves, dozens of Price Fellows in the audience stood up – a diverse group of young, smart, eager people who will be California’s next generation of leaders.

An unabashed Democrat and liberal, Sol supported many advocacy groups, from Public Citizen and the Urban Institute in Washington, D.C., to the Center for Public Interest Law at the University of San Diego, and the group I founded in 1985, Consumer Watchdog.

Asking Sol for money was nothing like anything I had ever experienced. At our first meeting, in the 1990s, I had barely said hello before he gruffly sent me away, with instructions to come back with an organization budget and a profit and loss statement. I was taken aback. “Non-profits aren’t supposed to make a profit,” I protested. He chuckled that chuckle that I quickly learned preceded a shaking of his head and then a short but tough lecture. “What happens if your expenses are greater than what you bring in?” he asked. “Why should I invest in something that might not be around?” I returned with the data, which we poured over, Sol all the while questioning my assumptions, my strategies, asking me where every penny went, forcing me to consider how we could do our work more effectively (even if it ended up costing more). Once he was satisfied with the plan, Sol became a major supporter.

After electricity deregulation turned into a costly scam in 2000 and Consumer Watchdog took a lead role in trying to protect Californians against a taxpayer bailout of the energy industry, Sol helped us raise money from people he knew all over the state. I recall one day asking for his views on various possible solutions to the crisis. He imparted some wisdom that clearly had served him well. “You don’t always have to have all the answers. Sometimes it’s important just to ask the right questions.”

Sol’s support for well-run non-profit groups was widely recognized. What was less well known is how he took care of the people he came in contact with. Sherry Bahrambeygui described Sol as having an ability to connect with individuals in a deeply personal way. I experienced it as an almost uncanny sixth sense. One day in the fall of 1997 I drove down to his office, intending to discuss a grant for Consumer Watchdog. But when I sat down, he said to me, “what about your own financial situation? What’s your plan for the future?” In truth I had been so absorbed in my work that I’d too often neglected those matters. What made him ask remains a mystery to me. But we then spent many hours together, me and the founder of Costco going through my own finances! I later learned that I was one of many to whom he had offered personal advice and assistance.

For years after that, I would visit him every month, sometimes with my family. The man who was brutally honest and laser-like when scrutinizing a balance sheet or a business proposal was also a witty storyteller who liked to talk politics and history with friends and family over dinner. His insights into human nature were entertaining and often eerily prescient. He knew everyone and enjoyed connecting people. Among those he introduced me to were his close friends Brian and Gerri Monaghan, who became my friends as well. On Friday, they whispered to me with a laugh that if Sol had been in attendance at his memorial he would have left after fifteen minutes – he was never comfortable being the center of public attention, much less adoration.

I saw Sol just a few weeks before he died. His wife Helen had passed the year before, and he seemed, for the first time, weary. He was distant and uncharacteristically quiet. Yet when I wondered aloud why people seemed to grow more conservative as they grow older, a twinkle came back into his eye and he said, “I think it’s because they sense their own mortality and become more fearful.” I saw no fear in his eyes. I will always be grateful that I had one last chance to thank him for all he had done.

There were many poignant moments at last Friday’s tribute – laughs, gasps at previously unheard anecdotes, and the occasional swiping away of tears as people recalled, publicly or privately, their own moments with Sol. But the time I choked up was at the very end, after Robert spoke about his mom and dad’s 78-year marriage, then thanked the crowd and left the podium. There was polite applause, and it seemed that it was time to go. But then something changed; the applause grew louder, and suddenly everyone was standing, and, facing the now-empty stage, clapping their hands together in a sustained thunder for many minutes – a last ovation for Sol.

In an age defined by forgettable billionaires who built little but monuments to their own narcissistic folly, Sol Price left a remarkable and enduring legacy. He changed corporate America’s relationship with consumers and the lives of the many thousands of people who knew him.

Wall Street's Back – And Has Detroit by The Throat

While financial institutions drastically reduce lending again to private lenders and businesses, they’re also tightening the vice on cash-strapped public agencies from California to New Jersey.

This aspect of the financial meltdown has gotten less attention than the bonuses and the bailouts: how AIG and other Wall Street giants sold cities, towns, school boards and other public agencies high-risk investments and complex financing schemes during the boom. Now that the economy, the government agencies’ credit ratings and all those risky investments have gone bust, Wall Street is hounding cash-strapped governments from California to New Jersey for its money.

Go Ahead, Put All Your Eggs in Our Basket

A simple homily illustrates the folly of letting Wall Street govern itself free of restraints so that a handful of financial firms could become indispensable to our nation’s economy: “don’t put all your eggs in one basket.”

One of the precursors of the financial meltdown was the combination of zero enforcement of the antitrust laws and the repeal of Depression-era safeguards against allowing banks to engage in speculation in the stock markets. That created a handful of financial institutions that were individually and collectively so interwoven with our economy that when the crash came last year, we were told that they had to be rescued or else their collapse would take down the entire system. These giant firms were so important that, we were told, they were just “too big to fail.”