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*Transcendental *Logic

It is Icky and You Suck for Writing It BUT


If you’re interested in Freedom of Speech issues at all, DON’T miss Neil Gaiman’s post  on the topic.  He does the flat-out best plain-language explanation ever of why defending freedom of speech means defending ALL speech, even speech we find actively icky.

I was complaining the other day about Twilight (as I often do), for being hideously written and revoltingly anti-feminist, and someone asked me, didn’t I wish that crap like that would be taken off the shelves? 

And I said NO, I do NOT; rather I wish that people had better taste and didn’t encourage such shitty writing and horrendously stupid depictions of women by buying it — and that the best way to get them to stop buying it was not to pull it off the shelves, but rather to be just as loud and speechy as I can about how badly it sucks.  My heated soliloquies to the tune of “Good lord this Twilight crap is pure rubbish” have actually convinced a few people, you know, and those people will not only not buy Twilight; they’ll think a little more about the next art they do buy and whether it’s crappy and/or anti-woman, based on what they now believe because of what I told them about Twlight.  If Twlight didn’t exist or wasn’t being sold, that could not have happened.  So hell no, I don’t want to get rid of it.  I want it to live forever in infamy as an example of what unbelievably sucky writing looks like!

In other words, the answer to bad speech is MORE GOOD SPEECH.  This has been proven time and time again, as Maestro Gaiman does such a wonderful job of elucidating.  If you hate something, some art or communication that someone else has produced, SPEAK THE HELL UP about it — but don’t make the mistake of trying to get rid of it, or before you know it, someone will be getting rid of something you like.

Free Speech is one of the best things about America that actually stuck around and worked, and the more we defend it, the better we look to everyone and the closer the world comes to true democracy.

That’s right, I said it — If you want to spread democracy, defend the right of speech that you hate to exist.  (Then produce twice as much speech about why it sucks.  ;)



MERS: Harmless database or Industry smokescreen? …I’ll give you two guesses.


Learned something today…

MERS (the Mortgage Electronic Registration System), or more properly “MERS Inc.” as it is a private corporation (.org address notwithstanding; I hate it when companies do that!), was created by a group of big mortgage-industry players, including Fannie Mae, in 1997; it went fully operational in 1999.  Its mission is “to register every mortgage loan originated in the United States”; as it stands, 50% or more of all new mortgages are in that system.

And really, “to register” sounds pretty benign, if the only effect of it is to digitize and organize information on mortgage loans.  But what MERS actually does is more complicated and way more sinister, as I recently learned.  I was pretty shocked, after discussing MERS with some of the professionals I work with, to find that MERS doesn’t even have a Wikipedia entry, and that none of the information I could find on it addresses the truly icky implications it has, both for consumers and the economy.

So here, then, is why I, and at least a few other people I know, think that this whole MERS thing is one of the greatest cons perpetrated on the mortgage market yet.

MERS is a “membership”-type organization — mortgage originators (”lenders” for now) pay to be part of it.  For that fee, they and their many attendent shady investors get to wriggle out of a seriously annoying bit of transparency and consumer protection that’s supposed to be part of the system on a Federal level.  This is openly admitted everywhere, including on MERS’ own website’s front page, but no apology is made for it.  Apparently no-one in the “real estate finance industry” really sees a problem with just shuffling off that pesky assignment-recording requirement, like so many twelve-year-olds cleaning their rooms by shoving it all in the closet.

But there definitely are consequences.

First, something about mortgages, if you didn’t know it:  A mortgage is actually two “instruments” or, simplistically, documents — one promissory note (”note”) that obligates you to pay your lender back, and one mortgage note (”mortgage”) that contains the lien on your house and other provisions.  It is the law in this country that whenever a mortgage changes hands, the borrower must be notified — the idea being that 1) people have a right to know who has a lien on their house, and 2) it’s fundamentally unfair to hide information about how to contact/research/etc. the entity that owns your mortgage.  One could also, I think, make a good argument that obscuring the paper trail of who-transferred-what-to-who is fundamentally bad for a trading market that includes mortgages as a securitized commodity.

Well, that’s where MERS comes in.  See, MERS will, for a fee, allow you to transfer the mortgage into their name, “completely” legally, while you retain the note.

Think about it:  You, Mr. Big Lender Man, still hold the paper that says you get paid.  And that’s the paper that you can sell on the market, or assign to a servicer to collect on if you’re the old-fashioned type.  But the mortgage is owned by MERS, and it remains owned by MERS no matter how many times the note gets bundled, packaged, sold, resold, washed, rinsed and repeated.  So, no matter how many times that loan changes hands, you, the lender community, no longer have to write it all down, or notify the consumers of any change.  Their mortgage company may have changed a hundred times, but the mortgager on paper remains the same.

In a nutshell, MERS takes on the legal veil of being a mortgage lender, allowing lenders to abdicate some of their responsibility for how they handle mortgage “paper”, while MERS takes on none of that responsibility because they don’t have to, see, because they’re not collecting money or anything!  So the responsibilities lenders had, to homeowners and the taxpaying public who deserve transparency about the market, just sort of…disappear.

Oh, but it’s okay because MERS is keeping track of all those transactions, see?  Lenders don’t have to do all that onerous paperwork tracking those sales anymore, because the trustworthy industry-created private company will just handle it for their paid members, and of course everything will be done in the best interests of the public.

That’s why members of the mortgage-holding public get all those letters in the mail, notifying them every single time their note is sold. 

Oh wait; no they don’t.  I talk to people all the time who don’t even know how to find out who their mortgage company is; they pay a “servicer” and weren’t notified of anything, in spite of the loans having changed hands who-knows-how-many times.

That’s why people like me, who are more-than-reasonably educated mortgage consumers who read every single bit of the paperwork for their recent refinance, are totally informed about MERS and know how to call them and find out who currently owns their mortgage note. 

Oh wait; no we aren’t.  Professionals use MERS all the time to look up who owns a loan, but the experienced one who came to me today with this was genuinely shocked to have figured out what exactly the company was up to.  And even though I personally know just about everybody involved in my refinance, and had detailed talks with them about it on several occasions, MERS was never brought up at any time.  (Also, when I went looking for my data, I found that while it was eventually findable, what wasn’t findable was the “paper-trail” — who owned what when, and when it was sold.  Apparently that’s industry-only information, fellow taxpayers who just paid $850 billion in bailouts…)

That’s also got to be why the market isn’t having the slightest bit of trouble ironing out who owns what, who sold what when, and how things got so massively f’d up in the mortgage-trading business. 

Oh.  Wait…

[Warning:  I'm about to go off about companies insisting on using Social Security Numbers as unique identifiers for consumers, because it's illegal and stupid and MERS does it too.  You can safely skip this last bit if you don't care.]

Lastly, just to put the cream in the firehose we’re getting beaten with here?  If you call MERS’ voice system at (888) 679-6377 and give them the special 18-digit Mortgage Identification Number you mayr or may not be able to find, they’ll tell you who owns your mortgage.  Wait–don’t have that number?  No problem — just use a different, completely neutral and safe number instead…like the borrower’s SSN. 

[EDIT:  You can also search online here, a system which will find mortgage lenders based on either 1) address; 2) name/details and address; or 3) name, SSN and zip code.  Somebody tell me what possible good using the SSN in there does, unless you're deliberately courting hackers maybe?  ...Ironically though, I put in quite a few addresses and it wasn't able to find anything at all.]

That’s right; not only are they breaking the provision of the Social Security Act that forbids using SSNs as identifiers, they’re hella endangering people’s private information by storing all those SSNs on a VIR system.  (And that’s without even wondering how easy it probably is to social-engineer their help desk, which cheerily offers to provide mortgage information with just the name and/or address if you don’t have the MIN or SSN, to give you whatever information you might be missing once you have an SSN.  Remember, your name and SSN as a combination virutally is your identity, so guard it…sorry, off my soapbox-tangent-thing now, heh.)

In closing, Wow Ripoff and Gee, Thanks A Lot and What A Bunch of Scumbags We’ve Got Running The Mortgage Industry, Are We Sure Regulation Is Enough And Can’t We Just Shoot Them, Please?

——————-
My Sources For This Writeup Are:
The MERS Website
“A Brief Summary of ‘MERS’” by Kemp Law Office (no, I don’t know those lawyers)
Fannie Mae’s Info Page on MERS
Foreclosureforum.com’s info page on MERS



Rights, weaknesses, superpowers.


Two days ago — Aug. 26 — was the anniversary of the passing of the 19th Amendment, the one that gave women the right to vote. If you’ve never read the story of Alice Paul, the Silent Sentinels and the amazing and harrowing protests that led to that amendment’s passage, I strongly suggest it! (They made a film about it, too, called Iron Jawed Angels — the pic is from it.)

—–

And this is not Personal Mental Health Awareness Week, but I’m declaring it anyway: Take some time to learn your own mind and its quirks — what sets you off and how to combat the effects of negativity — so that you can survive weeks like I’ve had with maximum grace and minimum medication!

…In all seriousness, if you don’t make a habit of surveying your brain and learning its strengths and weaknesses, please do, for your sake and your loved ones’. You pay attention if you have a bum knee, don’t you? And perfect mental health is about as common as perfect physical health.

As I often explain in real life, I haven’t gone fifteen years without taking psychotropic drugs for my depression by simply "not being depressed" (I love how many people think that’s possible–again, can you just "not have a bum knee"?), but by learning as much as humanly possible about what my situation is and how to handle it. …You might be amazed at what you don’t know, too. For instance, I never realized I was claustrophobic until I made an active effort to figure out why I felt so disoriented and uncomfortable in certain situations!

—–

On the flipside, what are your superpowers? Come on, everybody has some. I have abnormally good luck with words. I know people who have no body odor, who can’t get lost in the woods, and who can spot the smallest detail at great distance in spite of wearing glasses for normal seeing! It’s fun to figure out, not only where you’re amazing, but where the people you know are, too. And it promotes gratitude, which is a darn useful thing to have around for Mental Health Week, too.



Don’t Get Too Excited Now


Have you ever read about how women used to be diagnosed with "hysteria" for basically anything that made them act "overexcited"?  Or hey, to back up a little further, how excitable and/or mentally ill people were treated as "possessed by the devil"?  Or oo, here’s a good one, remember way back in the day when children who didn’t sit quietly and study were said to have an "attention disorder" and given strong drugs to make them "behave"?

Seems that humanity loves to invent fake, usually derogatory, medical diagnoses with which to "handle" people who get loud or cause problems for the status quo.  Nobody wants to admit that kids are being raised with too godsdamned much sugar and television, so we invent a disease for them to have instead, which gives us a convenient excuse to cover up their symptoms with dangerous drugs instead of addressing the actual problems.  (Fun fact:  I have known, personally, at least five kids prescribed Ritalin for "ADHD".  Not a single one had sugar restricted from their diets beforehand…or even afterwards.)  Nobody wanted to deal with mental illness, so it was re-cast as a moral failing and the work of the devil, which gives us a good basis for locking them away in hideous places to die slowly.  And loud women, the scourge of the patriarchy…yeah, better call them sick too.  (I do forgive the "hysteria" diagnosis a little more than the others, because at least it resulted in the invention of the dildo.  Nothing good came out of the other two, unless you count the good ol’ "icepick lobotomy"…)

Why am I on about this topic?  Because there’s another fake disease, and you’d better keep your eyes on it, because the next victim could be you, or someone you know.  Unfortunately, the treatment for this new fake disease isn’t just a drug or incarceration, either — it’s death.

Or I should say, the death happens first:  "Excited Delirium" (sometimes even called "excited delirium death syndrome", a euphemism so bad it would be funny if it weren’t for the topic) is a fake cause of death being widely used in this country to cover up cases of police brutality.  (Like most invented diseases, there’s a grain of truth behind it — it was originally a term used to describe the peak of an overdose episode in long-time cocaine addicts, which could be but wasn’t always  Not anymore, though.

Excited delirium as a fake cause of death is not new (remember Malice Green?).  It’s also not recognized as an illness by either the American Medical Association or the American Psychiatric Association, or any other reputable group. 

The company that makes Tasers swears by it, though, using it frequently as a legal defense.  And cops are all about it, blaming "50 to 125 deaths a year in the United States alone" on this imaginary illness, which, you know, they need to protect their poor misunderstood selves from.  In response to the fairly widespread knowledge that Excited Delirium as a cause of death is hooey, cops and those dependent on their money have resorted to trying to tie ED directly to drug use, but the numbers themselves show that this is crap:  the numbers cited in this very earnest article (by a pepper-spray manufacturer) are from the ’80’s and ’90’s, and don’t at all explain the leaping number of police-custody deaths and subsequent attribution of "ED", often in cases that had nothing to do with drugs.  (I’ve even seen a claim that autism can cause it.)  Regardless of what they claim the "underlying cause" is though, it’s impossible to ignore that so-called cases of Excited Delirium are always diagnosed after some kind of police brutality — mostly beatings at first, but lately, increasingly and unsurprisingly, also the use of tasers.

The idea behind "Excited Delirium" is that, in a nutshell, police "have to be" rough sometimes, and sometimes they’re "maybe a little too rough" with someone who is "weak or sick" or old or on drugs or something, and then the "person" dies, and why should that be the cop’s "fault"?

That’s a basic emotional appeal, and I can answer it very easily:  Because letting someone get away with [insert usually-minor crime, civil infraction, or accusation of crime here] is better than killing them, you idiots.  This idea that cops must Assert Their Authoritai, that they must be obeyed even up to the cost of someone’s life, is just ridiculous, and it’s out of this assumption that crap like "Excited Delirium" comes.  We’ve got medical examiners being sued for saying that cops tasered someone to death, and judges re-writing autopsy reports so that, you know, the brutal beating was only incidental to someone’s dying from it, all so we can protect this precious idea of Police Authoritai being more important than anything.

Protect and Serve does not, I offer, include beating the hell out of anyone.  Ever.  You want to hurt people, go be a bouncer, or a soldier, or take a volunteer job escorting people in and out of abortion clinics.   While the "literature" on the cop/manufacturer side often cites "restraint" as the cause, if you read some of the cases (which, um, obviously I spent a good chunk of time doing), you’ll see that beatings and/or torture (hog-tying, tasering, etc.) are actually the issue here.  None of which, in my opinion, are ever acceptable, especially when perpetrated on civilians by those supposedly protecting them.

Seriously:  For people who are supposed to be "servants", you see cops taking a punch surprisingly rarely, don’t you?  If your job is "protecting and serving" the civilian population, don’t you think that would mean that you got beat up more than you delivered?  Don’t you think it would mean that nothing short of a direct threat on your life or that of another civilian would justify using force against the people you’re supposed to be protecting and serving?  Or would it mean that you could taser students who are engaged in no criminal action whatsoever, while bystanders beg you not to, just because said student refused to stand up when you told him to? 

[WARNING:  That video is really disturbing.  It happened in California, no less.  Make sure you watch it if you think Tazers don't hurt, though, and don't fail to note the whole string of similar "taser videos" YouTube has -- a sterling example of citizen journalism, those, as well as a stinging example of the failures of big-media journalism.  ...Oh, and don't read the comments on the video, unless you have a puke-bag handy...it's unbelievable how many people think refusing to show your ID and swearing at a cop are grounds for physical torture!  ::boggles and throws up::]

An idea I’ve had:  No cop should be allowed to carry a taser (or any other nonlethal weapon) unless he agrees to be shot with it a minimum of once every three months.  If it’s so safe and effective, you do it.  Maybe that would cut down on the epidemic of "taser deaths", and the subsequent abortions of justice that cause them to be mislabeled as fake diseases like Excited Delirium so that those responsible can get off the hook.  Similarly, how about for every incident of cops beating up a citizen, those cops have to get beat up by the same number of citizens that they ganged up on?  I’ll even be nice and say we won’t give the citizens nightsticks, because we don’t want any cops dying of Excited Delirium, now, do we?

What I’ve just proposed is nothing but fair and reasonable, but I bet the idea of actually implementing such a system sounds shocking and far-fetched to most people.  Why?  Why do these "serve and protectors" have the right to beat the hell out of people and torture them with high-technology weapons, just because they won’t "obey" or there’s a perceived violation of a law going on?  Don’t the courts exist to punish people who violate laws?  If I break a law, and a cop beats the shit out of me, can I get out of the fines or jail time, since I’ve already been punished?  No.  Why?

To the inevitable "but they have to" response, I say take this picture of Gandhi and shove it up your — ahem.  I’m sorry, if one man can stop a war without getting violent, then eight cops can stop one perpetrator without getting violent, too.  The oft-used example is a "knife-wielding maniac" "threatening everyone" "in the middle of the street".  Okay, so what’s preventing you from surrounding him and defending yourselves and others until he calms down or runs out of juice?  You are being paid to protect people, and that includes the "maniac" who may simply be sick, having an adverse reaction to a prescribed medication, etc.  Just because he’s making your day difficult doesn’t mean you get to tackle him and beat the shit out of him for expediency’s sake.

 

In short, watch out for cops; they’re turning more and more into complete thugs as time goes on* Watch out for "Excited Delirium" and other fake diseases and defects tossed around to discredit the inconvenient and protect the guilty.  And don’t get me excited, or I’ll throw a zillion links at you. 

pd

 


*To be fair, I must cite the exception that proves this rule:  Someone I know recently had a psychotic episode, and was screaming and waving knives around when the cops were called.  They took three hours to make sure that standoff ended with no injury, and got the (innocent, mentally ill) person to a hospital with not a scratch on him.  That confrontation could have easily been the death of someone I love, but because one cop–the one leading that squad–was willing to put in the extra effort to negotiate and be compassionate to someone he’d never met before, and had no way of knowing wasn’t a "raving maniac", a tragedy was averted and a young man has the rest of his life ahead of him.  This is proof positive that violence is not necessary, and that cops are capable of taking the high road and still doing their jobs.  And a big thank you to that nameless officer on the Southgate force…you gave some faith in cops to someone who would have had none otherwise.

EDITED 2:00 p.m. to fix some typos and clarify some language.



2084. GO READ THIS BOOK!!!


I kid you not:  I have spent the last 24 hours trying to figure out how I could write a post that would recommend the following book enough.

In the end, I probably can’t.  But I’ll give it a go, because to say nothing would be a capital crime of bookwormdom.

Look, I did something yesterday that I haven’t done, seriously, in about ten years — not since I started my first run in college, I think.  Because college makes you busy, and while you still read "fun" books, it’s no longer with the same all-consuming verve that they get read when you’re younger.  …Unless one comes along that grabs you by the hair, shoves your face into it and doesn’t let go until you’re satisfied in a way you forgot you needed to be.  (Yes, I meant that to sound like sex.  It damn near was like sex.)

Yesterday I read.  For about seven straight hours, minus bathroom and coffee breaks.  Yesterday I finished an entire book in ONE SITTING.  Thankfully this didn’t take me any longer, because I was fully prepared to blow off taiji and stay at work as late as I had to to finish it.  (Also, thankfully it was a slow day at work, because besides answering a few phone calls, I got nothing done.  Don’t tell my boss. ;)  About 5/6 of the way through, I started mumbling feverishly to myself and checking the clock, making plans for who I would lie to and how, or if I would just turn my phone off and lock my door, because I sure as hell wasn’t leaving until I finished.

The book is Cory Doctorow’s Little Brother.  That link will take you to a free downloadable version; all hail Creative Commons.  (HAIL! HAIL! HAIL!)

I’m…I’m not sure if this was just the best book I’ve read since Xmas 2007 (when I got hold of Bridge of Birds), or if it actually changed my life.  Certainly I spent the whole rest of yesterday in a cloud.  Certainly I feel branded by some of the truths this fun little novel contains.  Certainly I’ve gone from being "a fan" of Cory Doctorow’s writing to a rabid fan, and certainly I’m trying to figure out the best way to get copies of this book into the hands of everyone I know. 

This is the most important book since 1984In fact, it IS 1984, written for our own age.  But don’t let that turn you off:  It’s also substantially more fun than the aforementioned classic (though I think the original is quite fun; but I know that my love of dismal, gritty stories isn’t shared by everyone). 

There are two things about Cory Doctorow, specifically, that just make this book.  One is his grand knowledge of modern technology, not just in electronics terms, but also in social terms.  The tech in this book is dead real; nothing that’s mentioned can’t either already be done on a wide scale, or already be done on a small scale, and is just waiting for its moment.  Some of the names are changed, but not very many, and there’s a solid bibliography where you can learn about anything you don’t know already.  As a technophile myself, I knew about most of it, but to see it all so well-understood, put together and presented in a real, vibrant, fictional world was breathtaking, to say the least.

But Sir Doctorow (who needs to get knighted asap; hell, give the man a duchy) is more than a knowledgable geek who writes stories.  He’s also a fantastic writer, one of the purer examples of why I love (good) science fiction writing.  His technique is absolutely transparent to the reader, meaning his stories race along like the good old breathless mindless fiction of our youths — like good comic books, like good adventure stories.  No pedantry.  No purple prose or long explications.  FunYou’re too busy, in Little Brother, loving the characters and gripping your chair and grinning and wincing and all that, to really realize what a gem of modern culture you’re holding, and how absolutely vital a piece of educational material this is for anyone living in the digitized Western world today.  

Now, I just have to figure out how to get this in everyone’s hands, yesterday.  It’s CC, so I could make copies and give them away…or I could just spam everyone with the URL and harrass them until they read it…Hmm.

Anyway, that’s what I did yesterday:  I read, no, devoured, a book whole.  And it devoured me.  Like 1984, reading this book changed things in my head.  Though none of the tech was really new to me, seeing it portrayed this way–understanding it this way–shoved some tectonic thinking hard into place, and opened up a portal to my youth that I’d thought was lost.  Part of me feels, all kidding aside, like it was saved.  Saved from complacency, obscurity, and fading into the background of a comfortable pseudo-American life. 

Wow.

GO READ THE BOOK!!!




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