From Foreclosure to Fair Lending
Advocacy, Organizing, Occupy, and the Pursuit of Equitable Credit
Shanti Abedin,
Katrin A. Anacker,
David Berenbaum,
Saqib Bhatti,
Janis Bowdler,
James H. Carr,
Peter Dreier,
Katrina S. Forrest,
Jose A. Garcia,
George Goehl,
Debby Goldberg,
Chester Hartman,
Sandra Hinson,
Donald L. Kahl,
Stephen Lerner,
Mike Miller,
john a. powell,
John P. Relman,
Lisa Rice,
Robert G. Schwemm,
M William Sermons,
Shanna L. Smith,
Gregory D. Squires
Edited by
Chester Hartman,
Gregory D. Squires
Foreword by
Douglas S. Massey
Well-known fair housing and fair lending advocates and organizers examine the implications of the new wave of fair housing activism generated by Occupy Wall Street protests and the many successes achieved in fair housing and fair lending over the years. The book reveals the limitations of advocacy efforts and the challenges that remain. Best directions for future action are brought to light by staff of fair housing organizations, fair housing attorneys, a banker, community and labor organizers, and scholars who have researched social justice organizing and advocacy movements. The book is written for general interest and academic audiences.
Contributors address the foreclosure crisis, access to credit in a changing marketplace, and the immoral hazards of big banks. They examine opportunities in collective bargaining available to homeowners and how low-income and minority households were denied access to historically low home prices and interest rates. Authors question the effectiveness of litigation to uphold the Fair Housing Act's promise of nondiscriminatory home loans and ask how the Consumer Financial Protection Bureau is assuring fair lending. They also look at where immigrants stand, housing as a human right, and methods for building a movement.
Chester Hartman is an urban planner, academic, author of more than twenty books, and director of research for the Poverty & Race Research Action Council.
Gregory Squires is a professor of sociology, public policy, and public administration at George Washington University and advisor to the John Marshall Law School Fair Housing Legal Support Center.
Praise for From Foreclosure to Fair Lending:
"Realizing the objectives of the 1968 Fair Housing Act has long been considered one of the most critical pieces of unfinished business of the civil rights movement. From Foreclosure to Fair Lending shows us what needs to be done to achieve those goals. Hartman and Squires have assembled the nation's leading fair housing advocates and scholars. Given the continuing fallout of the foreclosure debacle, the timing could not be better for this book."
-- Ben Jealous, President, NAACP
"Occupy Wall Street's biggest success was its impact on the national conversation. But now, many voices ask, what next? This book offers some important answers. In From Foreclosure to Fair Lending, leading experts and activists in housing and lending practices reflect on how the Occupy spirit revives the historic civil rights and grassroots organizing movements to take on new challenges in a new century."
--Clarence Page. Pulitzer Prize-winning syndicated columnist for the Chicago Tribune.
"Housing policies and practices are at the center of the ongoing economic crisis in the United States, and the consequences in lost homes and lost savings have been devastating for many Americans. This collection gives us the essential background to understand these developments and to support the struggle for social justice in housing that is emerging."
--Frances Fox Piven. City University of New York Graduate School.
Details
Title
From Foreclosure to Fair Lending
Subtitle
Advocacy, Organizing, Occupy, and the Pursuit of Equitable Credit
Authors
Shanti Abedin, Katrin A. Anacker, David Berenbaum, Saqib Bhatti, Janis Bowdler, James H. Carr, Peter Dreier, Katrina S. Forrest, Jose A. Garcia, George Goehl, Debby Goldberg, Chester Hartman, Sandra Hinson, Donald L. Kahl, Stephen Lerner, Mike Miller, john a. powell, John P. Relman, Lisa Rice, Robert G. Schwemm, M William Sermons, Shanna L. Smith, Gregory D. Squires
BISAC Subject Heading
BUS051000 BUSINESS & ECONOMICS / Public Finance
POL004000 POLITICAL SCIENCE / Political Freedom & Security / Civil Rights
SOC026030 SOCIAL SCIENCE / Sociology / Urban
Title First Published
15 August 2013
Includes
Index
Format
Paperback
Nb of pages
320 p. Index .
ISBN-10
1-61332-013-2
ISBN-13
978-1-61332-013-6
GTIN13 (EAN13)
9781613320136
Reference no.
Publication Date
15 August 2013
Nb of pages
320
Dimensions
6 x 9 in.
List Price
$19.95
Summary
FOREWORD
Undoing the Bitter Legacy of Segregation and Discrimination
by Douglas S. Massey, Princeton University
INTRODUCTION
Occupy Wall Street: A New Wave of Fair Housing Activism?
by Gregory D. Squires and Chester Hartman
THE ADVOCATES
The More Things Change, the More They Stay the Same: Race, Risk, and Access to Credit in a Changing Market
by Debby Goldberg and Lisa Rice, National Fair Housing Alliance
Onward and Upward: The Fight to Ensure Equal Access to Credit via the Federal Housing Administration
by David Berenbaum and Katrina Forrest, National Community Reinvestment Coalition
Five Lessons Offered by but Not Learned from the Recent Collapse of the US Economy and the Housing Market
by James H. Carr, Housing and Finance Consultant, and Katrin B. Anacker, George Mason University
Opportunity Lost: How Low-Income and Minority Households Were Denied Access to Historically Low Home Prices and Interest Rates
by M William Sermons, Center for Responsible Lending
Finding a Home for the Occupy Movement: Lessons from the Baltimore and Memphis Wells Fargo Litigation
by John P. Relman, Relman, Dane & Colfax PLLC
A Tale of Two Recoveries: Discrimination in the Maintenance and Marketing of REO Properties in African American and Latino Neighborhoods across America
by Shanna L. Smith and Shanti Abedin, National Fair Housing Alliance
THE ORGANIZERS
Building the Power to Win the Battle of Big Ideas and Advance a Long-Term Agenda
by George Goehl, National People's Action, and Sandra Hinson, Grassroots Policy Project
Forcing Banks to the Bargaining Table: Renegotiating Wall Street's Relationship with Our Communities
by Stephen Lerner, Georgetown University, and Saqib Bhatti, Service Employees International Union
Housing as a Human Right: Where Do Immigrants Stand?
by Janis Bowdler, National Council of La Raza, Donald L. Kahl, Equal Rights Center, and Jose A. Garcia, National Council of La Raza
THE SCHOLARS
The Limits of Litigation in Fulfilling the Fair Housing Act's Promise of Nondiscriminatory Home Loans
by Robert G. Schwemm, University of Kentucky College of Law
Housing, Race, and Opportunity
by john a. powell, University of California, Berkeley
The Progressive Advocacy World: Winning Battles and Losing the War
by Mike Miller, ORGANIZE Training Center
Building a Movement for Fair Lending, Foreclosure Relief, and Financial Reform
by Peter Dreier, Occidental College
CONCLUSION
CONTRIBUTORS
INDEX
Reviews
Related News
Last month Wells Fargo, the nation's largest home mortgage lender and fourth largest bank, agreed to pay at least $175 million to redress blatant discrimination against African American and Hispanic borrowers. The irony is that this settlement—the second largest in the Justice Department's history—is with a bank that for decades has made significant strides in recruiting more minorities and women to its corporate board. This raises the obvious question of whether greater diversity within the upper ranks of corporate America can, on its own, change the way these businesses do business.
For many years, advocates, academic experts, and even many business leaders argued that attracting more women and minorities into the higher echelons of major corporations would not only improve the lives of these individuals but also make business more responsive to consumers and communities. Studies show that among college graduates, women and racial minorities are more likely than white men to engage in civic and community affairs. The advocates of diversity predicted that once they reached the inner circles of the corporate elite, they would also shake things up in terms of linking corporate profits and social responsibility.
Although corporate America is still dominated by white men, the upper ranks of major corporations have become increasingly diverse. White women now constitute 12.7 percent of the board members of Fortune 500 corporations, while minority men hold 9.9 percent, and minority women 3 percent, of the board seats, according to the Alliance for Board Diversity. There are also many more women and minorities in the upper management ranks of major corporations, including the corner office. According to sociologists G. William Domhoff and Richard Zweigenhaft, coauthors of Diversity in the Power Elite, and The New CEOs, 25 years ago there were only two women, one Latino male, one Asian male, and no African Americans, among the CEOs at Fortune 500 corporations. Today, there are 44 women and minorities in these top jobs.
Many women and minorities have broken the glass ceiling. In many companies, they are no longer tokens, but a critical mass. These top corporate decision-makers comprise the economic stratosphere—just a portion of the richest-one-hundredth of 1 percent.
This trend represents an important, if long-awaited, impact of the civil rights and women's movements. These high-powered executives provide role models for young women and young people of color, so they can aspire to fulfill their potential in whatever careers they wish to pursue.
Consider the nation's financial industry. The nation's 10 largest bank holding companies—JPMorgan, Bank of America, Citigroup, Wells Fargo, Goldman Sachs, Metlife, Morgan Stanley, US Bancorp, HSBC North America, and Bank of New York Mellon—account for 77 percent of all bank assets. In recent decades, all of them have brought more women and minorities into their upper ranks, as executives and board members. But that didn't stop them from engaging in many risky and often illegal practices that led to the Wall Street meltdown, the ongoing epidemic of foreclosures, the disastrous decline of housing prices and family wealth, and the disastrous economic crisis that began in 2008 and persists today.
Among the largest banks, Wells Fargo has had the most impressive track record of recruiting women and minorities to its corporate board. Only 25 years ago, its 18-member board was comprised of 15 white men (83 percent), two white women, and one black man. Today, a meeting of its board of directors looks like a diversity dream team. The 15-member board includes five women and five people of color (1 black man, 2 Latino men, and 2 Asian Americans, including one woman). White men now constitute only 40 percent (6 out of 15) of the board members.
Although Wells Fargo's board still doesn't reflect the nation's demographic diversity, this is nevertheless a dramatic change. But when it comes to dealing with consumers, Wells Fargo is no better, and in some cases significantly worse, than its counterparts.
Last month's settlement with the Justice Department confirmed what community advocates have known about Wells Fargo for years. In cities across the country, brokers working with Wells Fargo steered minority borrowers into costlier subprime mortgages with higher fees when white borrowers with similar credit risk profiles received regular loans. Furthermore, while its mortgage lending to white borrowers increased, it dropped dramatically for African-American and Hispanic borrowers.
Wells Fargo's lending practices in Memphis, Tennessee, and surrounding Shelby County exemplify this corporate bigotry. Between 2004 and 2008, 51 percent of loans to African Americans were subprime compared to 17 percent to white households. Subsequently, the foreclosure rate in African American neighborhoods was eight times higher than in white communities. The city and county sued the bank and in May, Wells Fargo settled the complaint, promising to provide $432.5 million in new loans and other financial assistance, with $125 million earmarked for low- and moderate-income borrowers.
Racial discrimination isn't Wells Fargo's only problem. In the past five years, Wells Fargo has been sued another 55 times for charging abusive mortgage default fees, submitting false and misleading court documents, processing unlawful foreclosures, mortgage appraisal and origination fraud, charging military veterans with hidden and illegal fees, robo-signing of mortgage documents, and other illegal acts.
In 2006, before the subprime bubble started to burst, Wells originated or co-issued $74.2 billion worth of subprime loans, making it one of the top subprime lenders in the country. The Federal Reserve Board levied an $85 million civil fine on Wells Fargo for steering borrowers inappropriately into subprime loans and falsifying income information on loan applications. This is the largest civil consumer enforcement fine ever imposed by the Fed.
As of June 2010, Wells Fargo had $17.5 billion worth of foreclosed homes on its books, making it one of the nation's three top banks in foreclosure activity. Despite getting a $37 billion taxpayer bail-out, Wells Fargo went kicking and screaming before it reluctantly participated in the federal government's Home Affordable Modification Program. Even so, it has provided help to few of its borrowers who are eligible for loan modifications that will keep families in their homes.
Wells Fargo is also deeply involved in the payday lending business that preys on cash- strapped families by providing short term loans with exorbitant fees and annual interest rates (typically around 400 percent) that trap people in a cycle of debt, particularly borrowers in poor and minority neighborhoods. Wells Fargo provides financing for nine payday companies that operate one third (32 percent) of the entire industry, whose stores are concentrated in African American and Latino neighborhoods.
Like every other major bank, Wells Fargo has also used its political influence to get federal bail-out funds, thwart regulations to set limits on executive pay and bonuses, limit taxes on corporations and the wealthy, and oppose pro-consumer initiatives like the creation of Consumer Financial Protection Agency that Congress enacted in 2010 after lender lobbyists weakened many of its provisions. Between 2008 and 2010 Wells Fargo spent $1.3 million in federal campaign contributions and $11 million in lobbying. Last year Wells Fargo outspent all its bank rivals in lobbying expenses, investing $7.8 million for Capital Hill influence-peddling.
It turns out that the gender and racial make-up of a bank's board of directors has little influence on whether it acts responsibly toward consumers (including women and minorities) and traditionally underserved communities. The major banks' risky behavior that led to the Wall Street meltdown was driven by greed and profit maximization, values that know no gender or racial boundaries, especially when the government cops on the beat often looked the other way.
We welcome the diversity initiatives of Wells Fargo and other banks. But just changing the demographics of the players does not necessarily change how the game is played.
If we are serious about ending the abuses that led to the predatory lending and foreclosure scandals, and the economic crises that followed, the rules must change and the referees—in this case the banking regulators—must be held accountable, along with the bankers. The only counterweight to unfettered corporate irresponsibility is strong government regulation, bolstered by consumer and citizen advocacy. Aggressive enforcement of Dodd Frank, and particularly an active Consumer Financial Protection Bureau, would be a start.
Occupy Wall Street had it correct when it stated "that no true democracy is attainable when the process is determined by economic power." We must change the rules of the game, not just the gender and racial traits of the top players.
Racial and Gender Diversity at the Top Is Good, But it Can't Stop Greed -Peter Dreier and Gregory D. Squires Aug 15, 2012