Halloween Costumes, Foreclosure, and Making Fun of People Who Have Lost Their Homes

UPDATED WITH EXPANDED PHOTO (ORIGINALLY POSTED ON 10/29/2011)

In this New York Times op-ed entitled "What the Costumes Reveal," Joe Nocera describes the conduct of employees of the New York law firm Steven J. Baum, P.C., at last year's firm Halloween bash. To be blunt, the conduct described is disgusting. Nocera writes that Baum employees wore costumes making fun of people who have lost their homes to foreclosure. In the image below, for instance, a dirty "foreclosure victim" is holding a wine bottle wrapped in a brown paper bag, while another, dressed in rags and with her belongings in a shopping cart, displays a "Will Worke for Food" sign.

Here's an excerpt from the op-ed:

On Friday, the law firm of Steven J. Baum threw a Halloween party. The firm ... is what is commonly referred to as a “foreclosure mill” firm, meaning it represents banks and mortgage servicers as they attempt to foreclose on homeowners and evict them from their homes. ...[A] former employee of Steven J. Baum recently sent me snapshots of last year’s party. In an e-mail, she said that she wanted me to see them because they showed an appalling lack of compassion toward the homeowners — invariably poor and down on their luck — that the Baum firm had brought foreclosure proceedings against. When we spoke later, she added that the snapshots are an accurate representation of the firm’s mind-set. “There is this really cavalier attitude,” she said. “It doesn’t matter that people are going to lose their homes.” Nor does the firm try to help people get mortgage modifications; the pressure, always, is to foreclose.  * * * These pictures are hardly the first piece of evidence that the Baum firm treats homeowners shabbily — or that it uses dubious legal practices to do so. It is under investigation by the New York attorney general, Eric Schneiderman. It recently agreed to pay $2 million to resolve an investigation by the Department of Justice into whether the firm had “filed misleading pleadings, affidavits, and mortgage assignments in the state and federal courts in New York.” (In the press release announcing the settlement, Baum acknowledged only that “it occasionally made inadvertent errors.”)

In response to an inquiry from Nocera about the photographs, Nocera says that a Baum firm spokesperson asserted: “It has been suggested that some employees dress in ... attire that mocks or attempts to belittle the plight of those who have lost their homes. Nothing could be further from the truth.” Huh? Was the Baum spokesperson looking at photos other than the ones that accompany Nocera's piece?

Baum's employees have the right to wear these costumes at their firm's Halloween party or most anywhere else. But I wonder: How many of Baum's employees have read paragraphs 6 and 7 of the preamble to the Model Rules of Professonal Conduct?

HT to Tom McSorley.

Comments

[AJ]

I'm writing in desperate search of guidance as there doesn't seem to be anyone willing to stop nor actually hold the banks accountable for their blatant disregard and continual abuse of citizens--except maybe for Public Citizen?

After a vicious 2 year battle with Bank of America and despite: paying a modified mortgage on time each month within the HAMP program, having involved our Congressman, the California AG, the LA Real Estate Fraud Unit and the OCC, on August 21, 2011--a notice of sale was prominently posted on our condo building. As of Sept. 16, 2011, if we didn't pay the $40,000+ in what we "owed" in defaulted mortgage (the difference between the modified amount and original note) our home would be sold at auction.

Our condo in West Hollywood was over $175,000 under water, we had both been laid off in 2008 and have been attempting to make ends meet with drastically reduced wages in the television and film worlds ever since. My boyfriend and I knew there was no way we could afford anything more than the modified amount. Having heard the horror stories about Bank of America thugs literally throwing people and furniture out on the street, and having experienced their hypocritical, heartless "negotiators" and two years' worth of being told "you failed," "you neglected," "you owe," ad nauseum--in spite of the multi-billion dollar bailout promise to help keep people in their homes, we frantically searched for an apartment to rent before our persons, cats and belongings were removed by force.

Having immediately contacted all the government agencies whom were apprised of and were "watching" what would happen for the 2 weeks since receiving the "Notice of Sale," but with nary a response--we moved. Lo and behold on September 20, we received a letter DATED September 16 that due to our case being "under review," they pushed the date of auction. No future date given. Bank of America pulled a fast one! We still "owned" the condo that they were refusing to grant permanent modification on.

It unfortunately doesn't end there. Learning of our move, the called with "an offer". Their offer simply re-organized the original note, but actually RAISED the monthy rate $5. We declined. Since then, Bank of America collections has been after my boyfriend again with gusto. GMAC, owner of the 2nd note, began their collections harassment last week. There is a California LAW that says if the property is foreclosed on, the 2nd mortgage cannot come after the borrower--but apparently banks can do whatever they want without consequence.

Is this what our lives will be like forever? We've been struggling through a Writer's Strike, economic MELTDOWN, subsequent lay offs, unemployment, being grossly underpaid and STILL have to endure threats and daily phone calls all day and night from collections drones who do not understand the law, let alone that you cannot get money from a stone, someone forced to live out of their car, or a dead person!

My boyfriend lost his ENTIRE life-savings to Bank of America. He bought a condo at the height of his career which happened to be at height of the market. He had $100,000 in the bank at signing. Getting laid off 7 months later--that money goes fast! I have been searching to no avail for employment the past 13 months now, so I am no real help financially. My boyfriend has already been hospitalized with heart palpitations after grueling conversations with multiple Bank of America Mortgage executives who talk out of both sides of their mouths and treat people like vile criminals.

Who is there to protect honest, hard-working people who can't catch a break? People who've lost everything to a greedy bank and that's not good enough. Bank of America refused to negotiate. It was a 2 year long ruse that has been devastating, exhausting, traumatic and not doubt caused irreparable physical and psychological damage to people. We've lost YEARS of our livelihood. They can't sell the condo, so now it's still ours? They cannot have it both ways!!

Can Public Citizen help? I know there are millions of people who have been faced with similar situations. What can be done? This is not hyperbole: I am afraid he will have a stroke from this stress. The harassment will not stop. Please help!

[Richard C. Wayne]

As an attorney in Atlanta, Georgia, whose firm is dedicated to representing homeowners who are facing foreclosure, I am absolutely astounded at, not only Baum's very poor judgment, but his and his firm's obvious total lack of empathy and compassion. We have sued attoneys very similar to Baum as well as many of his firm's clients when they have wrongfully foreclosed upon and wrongfully evicted our clients from their homes. I can assure you that our clients do not find this display of scumbag lawyering very humorous.

I find this terribly sickening.

Richard C. Wayne, Sr.
Senior Attorney
Richard C. Wayne & Associates, P.C.
www.rwaynelaw.com