
Talking instead of Doing
By Michael Gaffney, Worcester City Councilor at Large candidate
As you are aware, the issue of foreclosure mediation has be debated by the Worcester City Council for several months with plenty of discussion, but no action. Growing frustrated with the lack of action, I wrote to the most vocal council member on the topic as follows. I did not seek to attach myself to the issue for political advantage; rather, I handed out a solution and would have been satisfied if any action were taken to achieve a result. Clearly, if any action had been taken, I would not be writing. I will let the email chain speak for itself:
On Apr 2, 2013, at 9:16 PM, I wrote to an email from my phone titled “Foreclosure Mediation” to Councilor X:
Springfield Mass program seems to work… Looks like a settlement just made to implement the plan:
http://blog.aboutrsi.org/2012/program-management/foreclosure-mediation-upheld-against-cons titutional-challenge/
RI has plans in Cranston, Providence and Warwick:
http://www.housingwire.com/news/2010/01/12/rhode-island-city-set-roll-out-foreclosure-medi ation-servicer-fines
So, it appears we have a format to follow. Love the fine Springfield imposes against the banks for not attending.
The RI bankruptcy court also has a plan for mediation in Chapter 13 plans.
Michael
Sent from my Verizon Wireless 4G LTE Smartphone
Response from Councilor X:
Thanks.
Sent from my iPhone
Email sent to Councilor X on April 3, 2013
Councilor X:
I sent over some information to you last night relative to the foreclosure programs in other cities. Now that I am at a computer, I am able to forward more substantial information. I have attended a number of conferences on the issue relative to the U.S. Bankruptcy Court’s program in Chapter 13 Plans that started in RI, so I have a bit of background.
Attached you will find the Springfield and Providence Ordinances.
Springfield uses a neutral not-for-cost mediation program. There are several options available. First, you could simply try the Worcester Bar Association to administer a program of volunteers (POC = Polly Tatum, President #508-795-1557.) Second, the Better Business Bureau currently administers the Lemon Law Arbitration Program under Massachusetts Law, the arbitrators get a “gratuity” of $100.00 per case (POC Nancy Cahalen, President #508-755-3340 x109.) Third, the District Court uses a mediation program formally administered by the WCAC now being administered by Mediation Services of North Central Mass (I do not have any contacts other than what is listed on the website – POC Elaine Sherrin, Director #978-466-9595.) Finally, the Massachusetts Justice Project currently runs the Lawyer for the Day Program and through volunteers administers free legal services such as bankruptcy cases (I do handle free bankruptcy cases, but do not have a POC, the just send them over to me, the main number is #800-639-1209.)
I just don’t see where implementation of such a program would cost the city an inordinate amount of funds. Further, where we have language concerning ordinances in use, this matter shouldn’t continue to drag out in meeting after meeting. Finally, where the Federal District Court found the ordinance in Springfield to be constitutional and where the banks challenging it settled (and agreed to be bound) before the Appeals Court, passing such a measure is less likely to face a legal challenge or cost the city to defend it.
I am not trying to insert myself in this matter; rather, I been hearing the debate for several months and find it vexing that no progress has been made. This has been your issue; hence, I have communicated with you. If I can be of further assistance, let me know.
Thank you.
Michael Gaffney
| On Apr 3, 2013, at 5:27 PM, I wrote:After review of the last paragraph of my last email, consulting with my wife and a friend, it appears I miscommunicated my thoughts. I meant to say that the situation was not being resolved, that you were leading the charge on the issue and I was sending you information to help you out directly as this has been near and dear to you.Unfortunately, the way in which I communicated was as if you weren’t getting things done. That is absolutely not what I intended. I tend to focus on resolving an issue and am less careful about how I communicate. Clearly I will need to improve my delivery. I had hoped to help and instead I may have inadvertently insulted you. It was not my intent.
I hope you will accept my sincere apology.
Michael
Sent from my Verizon Wireless 4G LTE Smartphone |
Response from Councilor X, April 3, 2013:
No problem. I appreciated you sending the info.
Sent from my iPhone
Article sent to the Editor, Worcester Telegram and Gazette, May 1, 2013 (unpublished, but plenty of specious and inane comments were published on May 3, 2013)
Dear Sir/Madam:
Your recent article titled “Big Banks win again” concerning the $5,000.00 foreclosure bond ordinance showed the short falls in the current bond requirement. We need to fix the unintended consequences of the bond requirement and strengthen the ordinance to help our citizens in foreclosure.
The cities of Springfield and Providence have passed ordinances that require the mortgage holder to mediate with the homeowner prior to foreclosure. Springfield’s ordinance was upheld in Federal District Court and was settled on Appeal. All the tools we need to update our ordinance are available and can be easily implemented. We need to rewrite the current ordinance to protect our citizens. We can’t let another month pass and another family be put out on the street without taking action.
Michael T. Gaffney
Worcester
Today is May 5, 2013.