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Foreclosed and Evicted in Oakland

by: David Bacon, t r u t h o u t | Perspective

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Tosha Alberty (Center) being evicted from her home in Oakland, California. (Photo: David Bacon)

    Oakland - At eight in the morning on Monday, ten Alameda County sheriffs arrived in their patrol cars in front of the tan house on the corner of Tenth and Willow in west Oakland, the oldest African-American neighborhood in the city and one of the oldest on the west coast. The renovated home is surrounded by an iron fence, and the sheriffs poured through its open gate and up the stairs.

    Tosha Alberty had just left for work for her job as a transportation services coordinator for Alameda County. Her children were still at home, though. Sheriffs told her adopted son Christian, a nine-year-old with autism still in his undershorts, to get dressed. Alberty's daughter Sharquita rushed to collect the bottles and diapers she needed to take care of her nine-month-old baby Zmylan. All of them were then hustled out of the front door, down the steep steps, through the gate in the iron railings and onto the sidewalk.

    Sheriffs had threatened to evict the family before, an action stymied when a local locksmith, seeing that he was about to shut the family out of their home, had refused to cooperate. This time, however, a more compliant locksmith drilled out the door locks so the family couldn't get back in. Other workmen nailed sheets of plywood over every window to keep the Albertys out. And a new brass and steel padlock was fastened to the gate.

ACORN's Home Defender campaign twice prevented the eviction of Tosha Alberty's family from their foreclosed home. (Photo: David Bacon)


    Tosha Alberty and her husband James, a cancer survivor, had lived in the home with four children and two grandchildren for four years. Tosha had grown up in the same neighborhood, and had been house hunting for a long time when she found the place in 2005. Although she was unemployed at the time, her mother had died and left her a little money. She talked with a real estate broker, who pushed her into a nonconforming loan with no down payment with First Franklin Mortgage Services.

    "I thought my loan was for $520,000, and that I'd be paying $2,800 a month," she recalls. "But I discovered that it was for $550,000, and the payment was much more." Alberty got a union job with the county, though, where her husband was also working. They barely made the payments. But then the monthly installments ballooned to close to $5,000. "I knew I couldn't do that," she says. "But when I tried to renegotiate them, they said that since I'd been paying before, they wouldn't help me. So, I stopped paying." The loan went into default.

    First Franklin, which moved from making normal mortgages to nonconforming loans back in 1994, boasts on its web site that "First Franklin makes it easy for mortgage brokers to find flexible, hassle-free home loan solutions." The lender was bought by Merrill Lynch in 2006. Merrill Lynch closed in last year's meltdown, and was bought for $50 billion by Bank of America. Last week, Bank of America reported second-quarter profits of $2.4 billion, it's second straight profitable quarter since the mortgage crises started, despite losses from bad loans. No wonder. The bank received $45 billion in bailout money from the Troubled Asset Relief Program.

Tosha Alberty's padlocked home in Oakland, California. (Photo: David Bacon)


    None of that money is going to the Albertys, though, despite promises that the bailout would enable the renegotiation of loans, and keep people in their homes. Bank of America, however, did spend $2.3 million in 2008 on lobbying Congress, and another $1.5 million this year. The bank wants flexibility on how it spends that TARP money, with fewer restrictions on huge bonuses for executives, on fees for credit card holders and even on home mortgage lending to other Oakland residents.

    When First Franklin's "hassle-free solution" became her eviction, Alberty joined ACORN's Home Defender campaign. Twice in May, the sheriffs came to put the family out, and twice they met a resolute group determined to keep the Albertys from being dumped on the sidewalk. That's undoubtedly why they swooped down without warning on July 20, just after Tosha had left for work.

    ACORN Home Defender Martha Daniels, who herself had been threatened with a foreclosure eviction, held an impromptu press conference that afternoon in front of the padlocked iron gate. She vowed, "We will find a way to put Tosha and her family back into this house. There is no justice here." Representatives of city council members and a county supervisor announced their support.

    As Tasha Alberty leaned on her brother and cried, though, her father Charles wondered, "There's something wrong with this country. My daughter just needed a house for her family. What was she supposed to do?"

  

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David Bacon is a writer and photographer. His new book, "Illegal People - How Globalization Creates Migration and Criminalizes Immigrants," was just published by Beacon Press. His photographs and stories can be found at http://dbacon.igc.org.

Comments

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Father Charles said it best:

Father Charles said it best: There is something wrong in this country, Yes, there most certainly is something wrong. Very wrong.

I am not a violent person. I

I am not a violent person. I do not advocate violence but, God (or something) help us, what if the founders of this nation were alive today? They would shed blood to retake what they had built, so long ago. This nation is a shame to its origins.

If ever there were a case

If ever there were a case asking for extra-legal action, this is it. The neighbors need to hang together or hang apart. They need to peacefully reinstall this family back into their home with boltcutters, torches and pry bars. Then keep vigil for this family and all others in their community as indeed we all should.

Follow the money ... who

Follow the money ... who benefits from this whole mess we are now in ?

I agree that it is unfair

I agree that it is unfair and they must not be doing this kind of unkind things. Yet, I do not understand why this has come as such a surprise. Incidents like this have been going on the whole of the last few months. I cannot understand why anybody could have bought anything more expensive than a couple of hundred thousands when he/she just didn't have the financial wherewithal to repay the mortgage. I don't understand that at all. If I can't afford to make payments, it is not the fault of the bank. Unscrupulous people want to make money; it is for us to be bright enough not to help them do it by killing us!

This is a sad story. It is

This is a sad story. It is difficult to determine from reading it whether a reasonable person would have known that the mortgage reset would make it unaffordable. In real life, when you sign the mortgage papers, you need to understand them well enough to see what you are going to be required to pay. If you are too uneducated or unintelligent, unfortunately for you, Darwin's laws kick in.

The major thing wrong is

The major thing wrong is that our education system is so bad that these people did not realize that their payments on a $550,000 mortgage would be more than $2800 per month. Did they not ask what would happen in the future? They had to know that this day was coming, unlessw they got a lot more money from somewhere. I know a local engineer with a wife and three kids who is barely able to make the payments on his $265,000 mortgage.

Fractional Reserve Banking

Fractional Reserve Banking is at the root of this tragedy - the Federal Reserve Bank has been screwing this country for nearly one hundred years now and it is time to turn on the light and start eliminating the cockroaches. Thomas Jefferson warned us about turning over the issuance of our currency and the control of credit to a private bank, but we were asleep in 1913 and just barely waking up now. It is time to audit the Federal Reserve Bank - call your congressman or woman and demand support of HR 1207 to audit the FRB.

As others have already

As others have already pointed out, these people knowing about a $2800 note. When it ballooned (sorry, that information is in the mortgage - read the papers you sign), they JUST STOPPED PAYING, not even paying the $2800. Not a bank in the world that will carry you if you don't make some effort to pay. Eviction is a minimum 12 month process. They knew it was coming. Sorry, it isn't the government's job to bail these or others out of their mortgage (in fact it's not the government's job to bail out the banks/mortgage lenders either).

What has happened to decent

What has happened to decent sensible people? The family should never have taken OR gotten the loan. The bank and mortgage company are operating completely irresponsibly and responsible tax payers are bailing them out. Our country cannot survive like this. Where is the outrage of those who do behave responsibly? Tired of it in Ohio

An unsophisticated woman is

An unsophisticated woman is told by someone in a suit that she can get a loan and buy a house. Why wouldn't she believe them? She went to work and made payments, but that wasn't enough -- they raised the ante. Now that house will sit vacant and deteriorate, and the bank will end up with nothing. Wouldn't they be better off to rewrite the loan so she could continue with her old payments?

The comments on this site

The comments on this site are clueless. The victim is set up to fall from the get go. I didn't read that she was unemployed. People still don't understand how the whole sub-prime scam worked. It *didn't matter* that the buyer couldn't afford to pay. Profit was made. it's an old scam, Upton Sinclair did a fine job of explaining this is 'The Jungle'. The only convenience of the situation is how banks, after being saved, protected and TARP(ed) can exploit US idiocy that allows us time and time again to blame the victim. Bullshit! She's more valuable to the banks on the street, as she was more valuable when they "gave" her money out of thin air.

This is sad, to be sure,

This is sad, to be sure, however I can't help but agree with the comments addressing the issue of this lady's ability to make payments on a loan of over 1/2 million dollars! A payment of $2800 a month must have taken a huge chunk from the paycheck! She had to have known she didn't have the income for this loan, and the lender also had to have known this loan was not sustainable. Blame for all!

While I certainly appreciate

While I certainly appreciate the seriousness of this family's situation, my sympathy is tempered by the fact that they for some reason thought they could afford a $500,000 home and are now astonished that when they refused to pay, they were evicted. Even with two working adults and no dependents in the family, I cannot afford a $500,000 loan. I am also reasonable enough to know that a non-conforming loan is only good if you''re borrowing less than you can pay off in no more than six months. I do understand that the banks aren't exactly doing what they can (and should) for the home-owners and mortgage holders, but even if I were a caring bank owner, the TARP funds are NOT enough to cover all the defaulted mortgages and this family does not seem like the ideal candidates for being able to pay back the loan even if they are given some help. I truly wish them the best, but I don't think they should be righteously indignant over their eviction. As much as the banks, people like this are part of the reason for the housing bubble. They jumped in way over their heads because they weren't willing (or able) to actually do some research and basic figuring and are now wailing that they deserve to be saved. With all due respect to them, there are people who were careful, waited until they were secure and took on a mortgage well within their means and then were hit by bad chance with job loss or illness and those are the people who I would save first and foremost. Not to say that the banks aren't greedy and don't misappropriate funds meant to help the homeowners!

Another reason why we need

Another reason why we need 1=payer healthcare, because along with the home structure of the economy goes healthcare, that no matter what happens, at least they have their health to continue...

This writer seems to be

This writer seems to be holding everyone responsible for this unhappy outcome but the unemployed people who signed the half-million dollar mortgage. The sheriffs "threaten" "swoop down" and "hustle" small children "down steep steps" leaving them "dumped on the sidewalk." The locksmith was "compliant", the bank "boasted", and the workman helped to "keep the Albertys out of their home." While the Albertys, on the other hand, did nothing at all. They simply "stopped paying" their mortgage. This is a type of writing that truly offends. (Some might even call it "thinkspeak.") Instead of informing, it not so subtly tries to manipulate the reader's feelings and point of view into a politically correct corner. In the end, I find myself feeling more annoyed with the writer than with the set of circumstances he describes.

I have a suggestion, from

I have a suggestion, from know on any tent cities formed should be on the front lawns of the bankers. If they take our homes then we will live in theirs.

What I find interesting

What I find interesting about this sad situation is that they didn't clearly indicate the timeframes. Many people are losing their homes, that's part of the systemic breakdown that is occurring. What is different in this situation than many others? I feel sad for this woman and her family and feel sadder for the million other people who suffer the same fate and the media never reports it.

I am surprised at the

I am surprised at the meanness of some of the comments posted here. From what I read in the story the only "educated" people involved here were the so-called "professionals" in the mortgage business that foisted an "impossible to repay" loan onto a struggling family knowing full well (far in advance) that they would not be able to meet the payments and will certainly default - returning the house to the bank after they've picked their pockets clean. But in America "The Home of the Brave and the Free.. with Truth and Justice For All" this is considered GOOD BUSINESS! The hideous deception of the banks and loan companies are well known and actually codified into our Laws. I'd wager that none of the idiots above (particularly "Hater" and our many "Anonymous" friends) ever actually read through the gobbly gook language contained in their own mortgage papers. Our entire government, it's banking industries, medical care providers, insurance companies, and business in general are nothing but predators looking for their next hapless victim to fatten their own bank accounts. THERE IS NO DEFENDING THEM! They're scum dressed in fancy clothes and driving expensive cars - while living in their cheaply built McMansions. They live quite well off other people's misery - with the full blessings of our own crooked government - who are making a tidy sum for themselves by way of taxes and miscellaneous fees for every single bogus transaction that occurs. Very few working people are prepared to counter the deception inherent in these contracts that greedy lawyers have refined and crafted over the last 100 years. Heads they win... tails YOU lose! Only a fool (or someone that's profiting from this systemic abuse) would EVER say that it's a level playing field and blame the victim.

I think that it started when

I think that it started when Realtor/Bankers took the actual worth of a home and inflated the price of properties beyond anything reasonable! They got us into a "survival" type of mode. There are no homes in West Oakland worth $500,000+. This same home was most likely around $30,000 and affordable before the vultures swooped in for the kill. In hind sight: (too late, I know) we could have/should have gone directly to the streets to protest the inflation! We're there now! And we get a closer look at the "Slime that Oozed over The United States!" White shirts are negative of color-negative of morals-and sinister to the likes and preference of "Green Bucks!"They will kill us off and blame us for dying!

So, as a lifelong renter –

So, as a lifelong renter – who's total non-equity earning rent is $1,700/month, in a neighborhood where I've seen two youth homocides in the last few years with my own eyes... I'm supposed to feel what again for people with half million dollar mortgages? Am I supposed to forget that car they bought with equity speculation? Or their houses full of electronics? Or how why use money they never earned or TEN YEARS of increasing values to live like kings while I continued to work 50 hours a week in a slum? Why are home OWNERS getting "relief" from my tax money? It really is crazy. Are they going to give me a ride in their car? Let me take showers in their marble bathtubs with new designer fixtures? While home onwers get to write off everything, renters get nothing. As a poor person who had to take out massive student loans to get an education, I've never had good credit for a single day as an adult, and I don't feel like I've done something "wrong" to be denied housing. But I do get to pay for bank bailouts and even the other people's housing bailouts. Great deal! Thanks Obama. Bail out the banks, expand the war. Make sure the insurance companies are protected. That's just what we all voted for.

This is a good example of a

This is a good example of a nation of greed, inconsiderate, racism, bigotry, lies, deception and more immorality. That is what the Republicans handed over to America during the previous eight years. The nation has inherited their greedy corporate government and now the public have to pay the price for it. The sad facts are, these republicans are still in control of the USA. With Obama apologizing to racist cops along with the Neo-conservative racist judicial, penal and police system proves the USA has no intentions of changing. But everything has a limit. Until the people rise up to meet the challenges Racist America has imposed on us, nothing is going to change. The only thing that is going to change is if the Republican Party, Neo-conservatism, the entire Christain faith is wipe out and declared immoral, evil and illegal. There are no other solution. Is a civil war possible? Yes! And it will be forthcoming. The Party of NO has become the party of evil!

Domestic terrorism. We need

Domestic terrorism. We need to enable people to afford good housing, make good decisions, and not simply line the pockets of unethical sales people and bankers. People can easily be convinced to make poor decisions. The bankers continue to benefit, and the little guys who can least afford to pay wind up paying.

As sad as I feel for this

As sad as I feel for this family and the millions of others(including a cousin who bought a $650k house and lost it) who bought way beyond their means, if the market had continued to rise indefinitely(a statistical improbablility) they would have(and perhaps expected to) made a killing selling at $750, 000 with no capital gains tax on their profit....in addition, the problem was exacerbated when bankruptcy judges were denied(by congress) the ability to downsize home loans during bankruptcy proceedings to the actual current deflated value of their homes....this is not a problem that is going away soon for quite awhile.

Does the leadership of this

Does the leadership of this nation want to wait until the desperation of the masses of people, coupled with anger at the injustice occurring in our nation until revolt breaks out, monoliths of greed and class separation get torn or torched down in protest? While the hallowed halls of wealth continue to be lined with splendor, the rest of this nation sinks into poverty and despair. We are moving toward the feudalism of the past; we will be slaves, owned by wealth corporate powers and unable ever to get out from the debt of attempting to live. This has occurred repeatedly throughout the ages, and in the world today in third world countries. Wake up, people. Unite! Socialism is the only way the elite will be overthrown so all can live in comfort and peace. Only greed and malice cause injustice, inequity, war and sorrow.

What makes some of you think

What makes some of you think this family lived in a mansion just because its price was artificially inflated to $500,00o? Tosha was probably in a horrible rental rip-off situation and, when she inherited a bit of money, she hoped for the security of home ownership. Blame up, folks. Don't blame your fellow oppressed citizens.

I don't think most readers

I don't think most readers realize that $500,000 was very cheap for a house in the Bay Area at the time she bought it. I know it probably sounds like she bought a really expensive house, but at that time the only houses I could find for less than that were run down and in bad neighborhoods. I do agree with the renter who complained about having to pay for a mess we had nothing to do with. Not the part about bailing out the homeowners, because that hasn't happened, but bailing out the banks. I knew I couldn't afford a house in this area, so I've always rented. Even now, after prices have dropped, I can't afford a house.

The real crime is that

The real crime is that someone was talked into paying over $500,000 for a house in that neighborhood, one of the most run-down areas of Oakland virtually in the shadow of the double-decker Cypress Fwy that collapsed in the 1989 Lona Prieta quake and now in the shadow of its elevated I-80 replacement. They did pay $520,000 for the house, did they not? Or was there a hefty cash-out as part of that loan? That house can be identified on zillow.com as 1698 10th St. Zillow does not show a current valuation, but adjacent houses of roughly the same size are valued at $250-300K, and those valuations would also be outrageous except for the fact that they are quite large homes.

The inherent unfairness of

The inherent unfairness of the original sale cited by one anonymous poster, that this was "an unsophisticated woman told by someone in a suit that she can get a loan and buy a house. Why wouldn't she believe them?" goes to the heart of the problem. The real estate bubble was a vast Ponzi scheme, and Ponzi schemes rest on faith and gullibility. I was a real estate agent during this period, and I was appalled by the wink-and-a-nudge relationship I had with mortgage brokers over no-doc and balloon loans. (I wasn't much of a broker, I told the few clients I had that they'd be better off waiting for the foreclosure fest that was certainly around the corner.) The linchpin of the scam was securitizing the mortgages; there had to be a way to get rid of the hot potato quick. Nonetheless, however unfair it sounds, it's important to understand that the banks that we're bailing out were victims too; they ended up with all the potatoes. Follow the money to understand who are the real criminals: in descending order, they are the mortgage brokers, the appraisers, and the real estate agents.

Oh, and to the person who

Oh, and to the person who made the comment, " If you are too uneducated or unintelligent, unfortunately for you, Darwin's laws kick in." Darwin never came up with any laws about social behavior, only about species evolution. (Unless you were talking about the idiot Darwin offspring Leonard. Actually, most of his kids were undistinguished or far worse: so much for the reliability of gene transmission in the short term!) Social Darwinism was invented well after the great man was busy becoming one with the elements; the best known proponents were the National Socialist Party, whose thinking you probably (I hope) don't wish to be associated with.

Whether they had a job or

Whether they had a job or not, have health issues or not, have children or not-no one should be evicted from their home. There is enough profit in this business to work out a way to collect the funds in a humane way-Some day it may be you, and that what will you do? We have to look at ourselves as a species, do we care for each other or is it dog eat dog? (Dogs don't even eat dogs, we are a strange species).

Unscrupulous. The lenders

Unscrupulous. The lenders should have applied the 30% rule of thumb to the recipient -- housing costs should not be more than 30% of the homebuyers' gross income. This is a basic rule of thumb in the industry for landlords in choosing their renters.. There should be a law that no home mortgages can be transacted if this 30% criteria is not met, and any company that did not follow this on a massive scale doesn't deserve to be in business- they should be in jail!!! It amounts to robbing taxpayers who must bail out their bad loans, from which the lenders no doubt profited handsomely from commissions. It's up to the government to think of the larger consequences of society if greedy SOBs have no concern except for the $$$$ that gets into their pockets

This is a simple problem to

This is a simple problem to fix. First of all you owe the banks nothing. They created the credit for the mortgage note out of thin air. It isn't wealth, it's debt. The issuance of credit for the American economy is the constitutional purview of the people, NOT private banks. When you are evicted, politely leave until the cops leave and then move back in. 100 people do this they may get arrested, 1,000 people do this and it will get the governments attention. 1,000,000 people do this and the system will collapse, the evictions will stop because there aren't enough police, courts or jail cells to stop it. Remember you owe the banks nothing and you owe the government nothing because they no longer represent you... Peaceful and complete civil disobedience. There is nothing the government can do to stop a free people from refusing to be slaves.

This couple does have some

This couple does have some responsibility for ensuring that they could afford their mortgage. The loan companies also have responsibility, not for the inevitable evictions but for have knowingly swooped in to make their own cash knowing that these buyers would default sooner or later. Unsophisticated and irresponsible people will always exist as will actual con artists Institutions are in place to prevent them from running amok and dragging the whole system down.

Put a picture of a black

Put a picture of a black family in the story, and suddenly they're all unemployed and draining the system, despite what the article actually says? Come on, the comments here are ridiculous. You're not even getting to loan payment amounts correct! They started at $2800 a month, which the family could afford, and then rose to almost $5000 a month. Finally, the reason they stopped making payments is that the banks have been refusing to renegotiate loans when the owner is still making payments. Thats right, pull your head out and go get some information, because people who are trying to make a good faith attempt to keep paying for their house are being told that they won't get anywhere until they stop paying.

Why isn't Bank of America

Why isn't Bank of America being held accountable for its failure to renegotiate mortgages? BoA is the WORST bank to conduct any form of business. This should go on TWITTER and watch BoA's fallout.