Wednesday, October 27, 2010

Foreclosures (lost posts)

Editor's Pick
FEBRUARY 10, 2010 1:21AM

After the Foreclosures: Lender Revenge?

Rate: 19


Foreclosures are increasing at break neck speed.  Almost a million properties alone in the 3rd quarter of 2009.  Nevada, Arizona and California are at the top of the list.   The end is not even close to being visible.  The economic fallout is even more breathtakingly sad because it will be a never ending story for many.  Even after all the layers of dust and debris are bulldozed away, we will all feel some measure of this pain for decades to come.
Think of the entire Snidely Whiplash mortgage lender mess as an endless pile of stinky onions, all with very moldy cores.
Lenders knew they were in a precarious position before the full weight of the mortgage failures began.  At first, in the court of public opinion, they tried with great valor (read: foolishness) to blame the consumer for the rash of the first foreclosures.  Too many flimsy loans to unqualified individuals who were facing the wrath of fluctuating interest rates didn't fly well.  When those consumers could not pay, lenders foreclosed.  With the house debacle out from under, the former home owner, even with the black mark of foreclosure on the credit report, could breathe and perhaps start over.  Or so they thought.
Meantime and almost simultaneously as the big banks were begging for public bailouts, the second wave rolled forward.   Commercial and multi-property investors were tossing in the towel.  This group, commonly referred to as flippers, was caught with too much inventory that plummeted in value when the markets crashed.  They could not sell their inventories and simply walked away.  In some cases these property owners included the same banks and lenders (hello, Morgan Stanley) who were now asking for the public handout bailout.  Big banks walked away from their own underwater real estate properties with absolutely no penalty, other than a beneficial tax write off.  If you aren’t a banking or money corporation, it isn’t over yet.
The next wave was by far the most emotionally draining and the lenders were smart to back off the PR that blamed the consumer.  These were the very people who were the solid rock of the real estate market. These homeowners, well qualified for their loans, paid them religiously on time and never in arrears.  For the most part they viewed the property as a long term investment.  
Their home values fell along with the rest of the market.   And what got them into financial ruin was absolutely out of their control.  They lost the very jobs that brought the income to pay those mortgages.  Without income or assets, lenders were forced to foreclose.  These were not the greedy flippers, or the pie in the sky unqualified buyers.  These people were a good part of the bedrock of our economy.  If they didn't make the economy sing, they at least allowed it to hum.
And now, another wave of foreclosures in this mortgage debacle is emerging as the stinkiest layer of the onion.  These walk-away foreclosures are probably the ones that will be a part of every economics ethics syllabus for the future.  The ethics of economics?  A true oxymoron.
The walk-aways are ably employed.  They have assets.  They have income to spare.  But their investment, their home, is under water and will never recover to the point where they will see a profit.  These people are looking at the bottom line and calling it a day.  They are walking away and taking the FICO hit.  They are washing their hands, running far away and starting over.  Or so they believe.
If a homeowner could sell the property before it was foreclosed, it was typically for an amount way less than the original loan.  This is a short-sale.  If the lender forecloses and sells at auction, it also is typically for an amount that isn't anywhere near the original loan or even the current value. 
The difference in the loan(s) balance outstanding at the time of sale, and the selling price is something that most people assume was a hit the lender would take.  A write off, a loss.  People assumed that if they were rid of the property through any sale, or foreclosure, they were free from the whole burden.  Unfortunately, this is not true.  To recoup the loss, the lender's legal remedy is the deficiency judgment. 
Lenders are recouping those losses any way they can. They have years, once a deficiency judgment is issued, to collect.  With interest.  In the beginning of the economic meltdown, courts were sympathetic to the plight of the borrower and would deny the judgments.   But there is an uptick in the number of deficiency judgments in States where they are allowed.
Protection from this practice, non-recourse is offered in a handful of states.  The law forbids a lender from going after the borrower.  The difference between the original loan and the short-sale/auction is written off.  Forgotten by everyone, that is, except the IRS.  Even in non-recourse states, there are circumstances where the lender can and will go after the borrower for the difference.  A borrower may be able to negotiate a release for the short-sale/auction difference if the lender will sign off.  The end result if you get stuck? The lender would say it is  your fault for not reading that tiny fine print.
The industry that is reaping the biggest spoils in this mess? Collection agencies.  They're buying up these judgments as fast as they can.  The lenders sell them at a loss (which they write off, of course) and the collection agencies employ any means to satisfy the debt, for the next twenty years. 
And one more consequence to painfully hammer in that last nail in the mortgage coffin?  When lenders in any of these scenarios write off the debt, they can send out IRS 1099 forms to former borrowers for the amount.  The borrower must declare it as income on their 1040.  Now they have another enormous debt, a tax liability
Lenders, IRS and collection agencies?   The evil Snidely Whiplash has more faces than Eve.

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Comments

Glad I'm up late.

As a lifelong Michigan resident -- perhaps the most depressed state in the Union -- I have seen what's at the bottom of this downward spiral and it ain't pretty lemme tell ya.

Can middle America just get one break? Just one f*kin' break?
Honestly.
You hit a nerve here with this one. I could go on for hours about the mortgage mess; and how are government continues to perpetuate the problems rather than alleviating them. As an attorney whose real estate practice exploded with the housing market boom and has since imploded with the current crisis, I have seen too many people who should not have received mortgages, too many people who were made false promises by their mortgage companies, and, now (as you point out) too many people who have become innocent victims of their homes' plummeting value through no fault of their own.

The day our "leaders" wake up and admit that the crisis was the result of overzealous lenders, responding to the cries of a pandering government pleased that all of its constituents could get their "American Dream" home, even if they really couldn't afford it, will be the day that the healing can finally begin.

Until then, it will be wave after wave. Tsunami is more like it.

Rated
The IRS won't likely inform those who have lost their house through short sale or foreclosure of the Mortgage Debt Relief Act of 2007. Details at www.irs.gov on a FAQ page. It is for "acquisition" loans, both first and second mortgages. It does not apply to home equilty lines of credit, known as HELOC loans. It may not apply to certain re-finances. It's intent is to prevent the IRS from collecting tax on the 1099 amount. It is limited to a $2 million sales price cap so keep reading.

Some are using it on their first mortgage. Then instead of getting a 1099, they negotiate with the second mortgage lender like this: Let's say the second is 50K. The second maybe gets 5K in the short sale, and says they will issue a 45K 1099. So the borrower says, in lieu of issuing a 1099 generating the tax obligation,what about taking the 5K now and release the lien so it sells. Then take the 45K, and ask that they reduce it to a promissory note
( private unsecured debt), about 1/3 of the amount owed. Say 15K .Maybe 5% interest spread out over 10 years. if they agree, the borrower either pays that or as many find they cannot, their bankruptcy attorney advises that they specifically name the new 15K unsecured debt in a bankruptcy.
No tax. More taxpayers holding that bag. Individual moves on.
It's an ugly pie no matter how you slice it.
There are many good observations here but let me add some specific recommendations for people who are in these situations.

1. Never – ever- agree to a short sale. Short sales do not benefit you as an afflicted homeowner. Short sales benefit lenders, real estate agents and buyers….they never benefit you and they have the same effect on your credit as a foreclosure. The only exception to this rule is when you are selling the property to a related party who is going to help you to keep the property “in the family.” Even then, be very careful to get a written exemption from recapture claims by the lender or third parties to whom the debt has been sold.

2. Never give back a deed in lieu of payment because the consequences are exactly the same as though triggered by a short sale.

3. Do NOT walk away from a property. Abandonment does not protect you from subsequent legal actions to recover losses.

4. If you are facing foreclosure, and you want to stay in the area, stay in the house, make the utility payments, maintain the property as well as you can…but do not leave until the foreclosure process has run its course.

5. If you do not want to stay in the house, try to rent it out. Renters have specific rights in some states that prevent lenders from easily foreclosing on a rented property.

6. When the foreclosure process has run its course, declare bankruptcy. This stops foreclosure in most states and buys you more time in the house.

7. Before you declare bankruptcy, use up all of your available credit – if you have any left- and convert obligations that survive bankruptcy – tax obligations and student loans – into obligations that will be wiped out by the bankruptcy. (There are books out there that tell you how to prepare for bankruptcy in ways the give you material benefits – lawyers and accountants usually do not give you this advice so you have to do your own research.)

8. Never sign anything without consulting an attorney, not even the most innocuous seeming piece of paper can come back to castrate you.

As you go through this process, you’re going to feel like an asshole.
Keep remembering this: you were sold down the river by an evil industry, aided and abetted by the government that was supposed to protect you from the wolves.
I am so glad you got an EP on this. Good writing.
R.
As always, a great piece of work here, LnP. My heart is broken and bleeding for these people.

There but for the grace of god....
Kasey - You are exactly right. The middle class is getting screwed six ways to Sunday on this. It will be a never ending nightmare for some families.

Sophieh - thanks for coming by!

Andy - tsunami is exactly right. I wish that everyone would get a really great real estate attorney before dealing with the lender. So many people think they are able to walk away safely and start over. Thank you for coming by and adding words of wisdom.

also - yes, true. That can happen (I did say they can get a 1099, not will). However, in order for all that to work smoothly for the borrower, they should have access to some sort of support outside of what a lender might offer (because we know the lender is going to protect their asset first) and that really ought to be an experienced legal source. Since it is not automagic that the debt is forgiven, the right questions/answers need to be delivered on all the paperwork. And certainly while many qualify, others will not, like many of the walk-aways. Thanks for pointing out the Debt Relief Act. I should have probably discussed that as well. And I agree, the whole thing is one big smelly pie. My take is that if a lender through their own representation or by selling the debt to collections, wants to recoup the loss, they will find any means necessary and they have a posse of lawyers to make it so. And thank you for adding this info. It is important.

sage - a great list. should be handed out to every borrower who is in arrears so they are prepared. unfortunately most are struggling privately until it can't be private anymore, and then it is too late. And thank you for adding this.

donna - what a great observation. I can just visualize the round-up. Morgan Stanley, Merrill, Goldman, Citi, BOFA, all gathered in front of the court to answer the deficiency judgment summons. Where is Bob, the cartoon guy when you need him?

Bonnie - thank you!

Ash - thanks so much. mine too. so many people's lives changed on a dime.
Thirty years experience managing foreclosed real estate for banks from eviction through closing has taught me that former owners should never relinquish possession until legally evicted!

Government policy in an attempt to rescue the real estate market will ensure that the foreclosure train will not stop anytime soon. Fannie Mae, Freddie Mac and FHA are absorbing the lion's share of risk for the U.S. mortgage market. A huge percentage of buyers receiving the $8000 1st time buyer credit financed their purchase with 6% seller concession, 3.5% down, FHA financing. They left the closing with money in their pockets and put nothing down! Our government decided this was a responsible practice, creating new loans which were already under water during the underwriting process.

March 31, 2010 the government will stop buying Mortgage Backed Securities. It is difficult for me to believe that this void can be adequately filled. Rates will certainly increase. The plot thickens. In addition to higher mortgage rates, state and municipal governments are experiencing financial problems which will cause increases in property taxes. Where will the money for these higher taxes and mortgage costs be deducted from? With negative income growth, high unemployment and falling real estate values, home buyers will compensate for these increased costs by reducing the price they pay for a home.

A continuing stream of foreclosures, a weak economy and increased principal, interest, taxes and insurance expenses will assure downward pressure on real estate values for many years to come.
@ sagemerlin.
Good list. I would take exception to #'s 1 and 5.
Short sales appear to be having a negative impact on credit for approximately 2-3 years. Foreclosures on the other hand, can have an effect for as much as 10 years. Foreclosures more so than short sales also are effecting borrowers ability to obtain insurance,
therfore medical care, transportation and a slew of other pitfalls. Negotiating a short is extremely difficult and do benefit some unscrupulous sorts. True enough. Nothing in this world is exempt from that. But not all involved in the process are unscrupulous.
Your suggestion that borrowers rent their house rather than not pay has cost many the protection of the Mortgage Debt Relief Act as well, cementing the tax obligation for the monies not repaid as if those monies were income, because then the borrower has become a landlord. The protection from tax is meant only for owner-occupied properties.

Your admonition to consult an an attorney specializing in these matters is the best of all your suggestions, and imperative for any in this situation.
Thanks for your contribution to the discussion.
Maybe Dudley Do-Right will save the day!
Great piece. R
I have heard the myth that short sales don't affect borrowing ability as much as foreclosure for years, and it's simply not true.

The short sales do not fall off the credit report. They remain there just as long as foreclosure. When I was underwriting loans, a record of a short sale meant that no conventional borrower would accept the package so, while it was technically possible to get a loan with a short sale on record, the loan would probably require higher down payments, higher interest rates and additional points.

The dangers of short sales documented here far outweigh the distant benefit of possibly getting another mortgage somewhere down the road because it probably won't happen.

As an originator, I wouldn't even write a conforming loan for someone with a short sale on record because I knew that I wouldn't be able to sell that loan to a conventional lender. Such borrowers automatically go into the non-conforming market.

The Mortgage Debt Relief Act is as dysfunctional a piece of legislation as I've ever seen, and the distant possibility of securing meaningful relief from that legislation doesn't outweigh the ability to keep a property out of foreclosure by renting it in the hope (we have to hope, right?) that the might - might - recover.

If nothing else, putting renters into homes that you don't want to stay in gives one more family a home and gives the owner a little more flexibility in terms of relocation.

Your point about cementing the tax obligations on the shortages resulting from the eventual short sale or foreclosure of rental property is problematic, but no more so than the tax obligations on short sales.

The trick is to stay out of court, away from foreclosure, as long as possible because something might happen to change the situation....like the government waking up and making interim payments on behalf of homeowners....which is what they should have done in the first place.
sagemerlin writes: "Keep remembering this: you were sold down the river by an evil industry, aided and abetted by the government that was supposed to protect you from the wolves."

Yes, many of these loans were aggressively marketed even when the lenders knew that the whole situation was going over the cliff. Potential borrowers were told that if they didn't buy now, the "train will leave the station," and they would never again be able to buy a house. This was fraud, perhaps not in a legal sense but certainly in a moral sense.

I have a friend who got caught in that. Given the current value of the property it will be ten years before he has even a penny of equity.

Thanks for the interesting post, and for all of the great comments.
Excellent post, excellent comments. Rated.
Business ethics is a contradiction in terms especially in America.
Excellent post, rated.
@sagemerlin - I find your comments most insightful and interesting. If only the mortgage brokers here in my home state of NJ, and in the other areas most affected by the current crisis, had written loans in a fashion like yours, many of the problems could have been avoided. Instead, in the no-income verification, no employment verification, no asset verification euphoria that engulfed the country, there was little such accountability, at least here. Unlicensed mortgage representatives, many with little or no working knowledge of what a mortgage even is, were selling loans to clients with the sole thought that they could cash in as much as possible on the gravy train. I saw this on a daily basis; and only a few clients were intelligent enough to walk away.

@mishima666 - the buyers were also told that, if they couldn't make the payments, they could simply sell the house for a profit anyway so there was no way they could lose money. I saw the same realtors sell the same properties three times over in a two-year span; and I'd be willing to bet that the buyers of those homes made one, maybe two mortgage payments at most.

But they walked away with a profit, at least until the last one was left standing with the property and a giant headache. And the realtors and mortgage reps? They made out like bandits.

My advice to the clients now is along the lines of what sagemerlin said - short sale or foreclosure, and then bankruptcy. Their credit is shot no matter what. It used to be that a person could emerge from a bankruptcy and buy a house two years later. In the current economic climate, however, who knows?
Great post and great comments. I wish everyone who is facing foreclosure or having trouble making their payments could read this. A lot of what you do in law and business is strategize, make bets, bluff, and pick one of several choices without a clear view of the future. That's what people have to do now.

On another note, I like sagemerlin's statement that renting at least provides housing for someone. Yes. There's so much discussion of loans and bad-mortgage end-games, that the fact that we're talking about a bunch of houses gets lost. They may not be worth the inflated prices of a couple years ago, but they're worth something, and they're worth more with people living in them.
Good post. I was just recently in the middle of a four day hospital stay (no insurance) when the Sheriff gave the wife a gift from BoA...a nice foreclosure notice. (my troubles resulted from an abrupt job loss with no chance of finding employment with similar earnings)

The average person has NO IDEA how bad this is going to get. Forgetting about the folks who just walk away from their mortgage, the Alt-A and Option ARM defaults are just beginning to get rolling. I was in a pool of about 500,000 people that BoA dropped the bomb on, but that is just a drop in the bucket.

Consider also that our paper money is basically completely worthless and Weimar Germany should be just around the corner. Despite the governments latest fudged unemployment numbers, people are still losing jobs at a soon to be catastrophic rate.
One recourse we have is to make'm pay!--See my Post- "Talking Grassroots Term Limits".

Zero Tolerance out of Control (lost post)

Editor's Pick
Lost Post
FEBRUARY 22, 2010 12:52AM

Zero Tolerance Out of Control?

Rate: 42

Earlier this month, twelve year old Alexa Gonzalez was bored.  She enjoyed creating occasional, mindless (and not offensive) art doodles on the canvas known as the school-desk.  The school administrator in Forest Hills, NY didn't see it quite the same way.  They called it first-degree-criminal doodling and it was punishable with jail time.
Doodling on her desk got Alexa hauled out of school in handcuffs.  She did the perp walk in front of her school friends and teachers.   Alexa went directly to jail the police precinct and fortunately was released before she spent any time in a jail cell.  Alexa and others are now plaintiffs in a class action lawsuit brought by the ACLU against the NYC Police for using excessive force in schools.  NYPD is in charge of public school safety in the NYC schools.
Zero tolerance policies in some schools seems to have gone wild, like a  steroid enhanced version of the original purpose, losing all common sense in the process.  Kids are paying a high personal price with this over zealous (and righteous) adherence to a code of conduct that goes way beyond safety and well being.
Alexa Gonzalez will pay the emotional price of her pen and ink crime long beyond the actual event.   What is the matter with the adults in her school?  Have they no ability to differentiate between dangerous actions and a kid being a kid?
As a parent of a doodling child, I shudder to think what might have befallen the girl had these policies been in place.  My daughter's  entire 4th grade year was spent doodling on the desk.  Every night the patient janitor would wipe it clean.  She began to doodle just for the janitor's entertainment, hoping he would appreciate the gesture before wiping it clean.  Little did he know he was wiping away the artwork of a future artist whose works hang all over the globe. 
As a toddler sized doodler, she began her vocation by using the  industrial sized jar of Vaseline, painting it onto the walls, floors, her infant sister (who remained asleep) and every stick of furniture in their room.  Nap time apparently had a different sort of meaning to her.
We went through crayon, markers, chalk, ink, paint, and my favorite, spaghetti sauce through those early years. 
She doodled her way into early cartooning and one Sunday morning while reading the paper I noticed a familiar set of ink lines.   A kindergarten teacher had sent in a cartoon doodle to the newspaper and they published it.  It was an early self portrait - she is walking a dog on a leash.  The head of the dog is clearly her little sister.
And that describes their relationship in pen and ink.
In 5th grade she did another self portrait.  Black ink. Think early Kahlo meets Picasso.  We were summoned to the school to reassure a nervous  counselor that the child was pretty well adjusted.   However, they  did send us a thank you note when we moved to another coast a short time later.
All this was just the practice run for her real life.   One can only imagine the darkness that would have befallen her career as an artist had she been perp-walked away as a young teen,  in handcuffs like Alexa Gonzalez. 
Ms. Gonzalez deserves not only an apology, but some new ink pens.
Zero tolerance gone awry? 
Indeed.



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Comments

Do we really want a black and white world? Zero is not neutral is it? Doesn't leave wiggle room for a -1 or a +2 in a 'situation' that might lneed some special consideration. What if Alexa was a 'special needs' student? Zero? Really? Good observations.
I cannot believe this. This bullshit PC culture is becoming so viciously destructive. It is disgusting. Thank you for this post.
Rated.
I would have been in SUCH trouble all through high school. But the most I ever heard about my compulsive scribbling on desks and tables was "Do not do that, please." Okay, I heard them, and did not draw on the desks in Science Lab. Or at least, I stopped doodling on THOSE desks.

The response to what the poor child did was insanely out of line. This is what happens when people making laws have only minimal contact with and no understanding of kids as soon as they stop being one. Has graphite become a deadly weapon?? It's just insane.
Rated. "Zero tolerance" means "no thinking", no possibility of looking at the circumstances, no opening for use of judgment.

A few years back, my son got detention in junior high school. I phoned the principal who explained there had been a fight at recess. Nobody was hurt. The reporting teacher did not see the fight start. Nobody could say which of the boys, if either, started the fight, or whether one of them might have been defending himself, or even if one boy might have been a passive victim. It didn't matter: the school had a zero tolerance policy for fighting, and my son had been "involved" in a fight. The life lesson: blindly applying a rule is easier for the authorities than trying to be fair and insightful.
I'd love to see some of your doodling daughters work, Lisa. A perp walk for graffiti does seem extreme.
I'm glad the NYPD was able to focus on real crime that day.
Your daughter's artwork is really cool :)

(I always include this statement when I sign the annual sheet that says I've read and agree with the school handbook: "I object to zero tolerance policies and prefer that supervising adults practice judiciousness in evaluating behavior.")
Applying common sense takes work, and it means risk -- of making the wrong decision and getting into trouble. Easier to see everything that sticks up as a nail, hammer it down, and if there's any fallout, just say you were following the rules. I read about this over the weekend, and like you, I was thinking it could have been my daughter, who is also an artist.
Toth, this has nothing to do with PC culture, this is total right wing mentality of absolutes.

What is amazing with zero tolerance is that it is most often applied to minority children with a collective gusto.
BRAVO! This post is one that hits so close to home with me that I literally felt my stomach clench into a ball of nerves as I was reading it. The inane zero-tolerance policy is alive and well in Texas schools and has wreaked havoc in the lives of countless children and parents.
Thank you for drawing attention to this huge problem that just won't go away.
~R~
BRAVO! This post is one that hits so close to home with me that I literally felt my stomach clench into a ball of nerves as I was reading it. The inane zero-tolerance policy is alive and well in Texas schools and has wreaked havoc in the lives of countless children and parents.
Thank you for drawing attention to this huge problem that just won't go away.
~R~
Stellaa, "right wing mentality"?

Your ignorance is astounding.
The legal system is makig them do this, that and a total overreaction to columbine.
unbelievable but then again it just reminds me of other incidents like the second grader that got expelled for pointing his chicken nugget at a teacher (she thought he was using it as a "gun"). what is wrong with people? they should be applying all that energy and effort to actually improving graduation rates and reading scores.
It baffles me that people, especially teachers, have no ability to use common sense in these cases. If it was a matter of the student disobeying the teacher's rule not to write on the desk, the teacher, if she had any authority, could have given an appropriate consequence. Just the words criminal doodling is laughable.
The child should have been punished for the act (cleaning the desk after school, IMHO, should have been sufficient). However, the arrest (heck, even sending to the principal) was overkill.
Yes, I saw that story in the news the other day and I was appalled. If this was how they handled misbehavior in my day, I would have been handcuffed a few times.
Whatever happened to common sense?
for crying out loud. rated. xx a
If they busted me everytime I doodled in school I'd have a rap sheet longer than some hardcore criminals.

Not that it should matter, but was she doodling stuff like "Kill the Teacher"? Probably every student has doodled something similarly in their scholastic life.
Whatever happened to having to stay after school and wash all the desks as punishment for drawing on them?

Morons.
That's why there aren't any Van Goghs left. Pity.
R
I suspect you already know what I think about this.

I would LOVE to see your daughter's work - I love the description of the dog with her sister's head, although it is undoubtedly a sign of some sort of murderous inclinations. ;)
you must realize that creative expression involves a level of intellectual and emotional involvement that just is not tolerated here

I shook my head when the 6-yr-old with the Cub Scout knife was sent to juvenile detention. I thought the kid who almost got arrested for a 2" toy plastic gun was excessive, I was baffled by the chicken nugget episode.

Drawing? Handcuffs? A 12-yr-old committing the crime of drawing is such a threat to NYPD she needs to be bound?

And yes, it is a right-wing sentiment. Fascism believes in the total adherence to the laws of the state, regardless of circumstance.
Gabby - Alexa was just your ordinary bored kid. I think the NCYD and the NYC schools have some work to do, although the out of control zero tolerance programs are not limited to them.

Thoth - Hopefully the lawsuit will force some common sense changes.

Shiral - My kid comes by it naturally. I doodled. Everywhere.

Bart - That must have been very frustrating. So much overkill and not much common sense on the part of the school.

Kathy - google Myrtle Von Damitz. And nope, not her birth name!

Sheepy - click on the ACLU link. The number of NYP that are assigned to school safety is staggering.

lumina - Thank you. And yes, the comments were stunning. Judgmental beyond reason. Myrtle, the artist comes by it honestly. She was born that way. Her early work is merely a testing ground for her latest stuff. Her grandfathers, both were artists, but she took the last name of a relative, a 19th century primitive artist, Ernst Von Damitz.

Lainey - Thank you. I love that you sign the form that way. If only more parents did exactly that.

Bell - Love the hammer analogy. What kind of artist is she? And were we separated at birth? Dogs, kids, food....

Stellaa - You always see right to the heart of the matter. You are probably quite right about the minority student part. I tend to think that it is beyond any one political pull, right or left. I think it is an overreaction on the part of scared school boards.

Unbreakable - Thank you. I hope that zero tolerance gets another look with the lawsuit, but hard to say how it will turn out. It is a broken system for sure.

Black - I don't agree that is right wing politics or left wing politics more than it is a reflection of local school boards and how they interpret what zero tolerance means and how they will apply it. But everyone can have an opinion.

Don - They are local policies established by school districts. The ACLU class action suit is to bring a change in the policies that protect, yet don't harm students by carrying them out to the strictest interpretation.

Ann - Yeah, that would be nice! My favorites are the boy scout with the swiss army spork and the kids throwing spit balls.

Karin - I think you hit it on the head when you said, if she had any authority. I suspect that the local teacher authority has been circumvented with some of these districts and they must report it (if they see it) or lose their jobs. Just a guess, but I cannot imagine all of these incidents would happen because of that many clueless teachers. Too many.

perd - Agreed!

Cranky -I'd still be in doodling jail.

Akopsa - Truly!

Nick - Thanks for coming by. Me too. I'd probably still be locked up for my smart ass mouth, let alone the doodling. And nope. She was writing something inane. Click on the link - it tells you what she did. Not even a tiny swear word! And in erasable marker.

Leeandra - Exactly!
Yup. Zero tolerance run amok. I would never have survived, because I would read during class. Just open a paperback under my desk and read away.
Sadly, punishment for doodling doesn't even reach mid levels of the stupidity of Zero Tolerance.

You can't really argue that doodling might save lives.

An elementary school girl (first or second grade) was expelled for bringing a gun on school grounds. Now, normally, this would be a bad thing.

The problem is the gun was discarded at the school bus stop in front of the school, and kindergarten children where playing with it. She got the gun from their possession, and then sought out the nearest adult and turned the gun over.

You'd expect such clear thinking from such a young person would be rewarded, but all the school cared about what a gun was "brought" onto the campus.
John - But there are some great taggers...

Ann - I can guess! That was my all time favorite cartoon. You can google her - Myrtle Von Damitz. There is a link above, too. Fortunately she lived in a time when doodling on the desk was not a crime or I suspect I'd be baking her cakes with little ink pens stuck inside and sending them off to some state prison.

pantomime - Yes, it is.

Occam - It does tend to stifle creativity and free expression. I think it might be wider than just right wing thinking. I am pretty sure it encompasses general stupidity which both right and left wing leadership has demonstrated. And since the policies are pervasive everywhere, it has to be linked more to school board reactive mentality than one political side or the other. Perhaps.
Makes sense to me. The teachers haven't had any real control in the classrooms for about a quarter of a century. The pendulum swings. And your daughter's "doodling" doesn't sound so charming to me. What, you think school janitors have nothing better to do? It's someone else's property! Oh, wait, it could have been YOUR kid? Oh, well, I'm sure that makes it all okay.

The girl in question will have a story to tell someday.
It seems some old fashioned type punishment could have been meted out. Like having Alexa stay after school and clean desks for a week.
Jeesh. I think some detention, maybe a punishment of cleaning desks for a week might be in order.

Handcuffs??? Get real. I think if I were the officer, I would have fined the principal for inappropriate use of police resources.
There's zero tolerance for doodling, but plenty for students who can't read or write, but graduate anyway.
I didn't believe this blog post when I read it and so looked it up. According to the report I read, the police said "discretion (should be) used in deciding whether handcuffs or arrest are necessary". WTF? Why wasn't a police officer who handcuffed A CHILD disciplined automatically?
This is just wrong and more than that, its really shows how out of line the priorities of the school are.
On one hand kids will be kids, but part of school is kids learning to be adults. Adult 101 is respect other's property. Should the bored child feel free to draw on school no they shouldn't.

Things have changed.

When I was in school if you doodled on school property, (nothing has changed in 45 years) you recieved a bucket and soap and had to wash off the desk in front of the class. You were instructed that school property needed to be respected. It was simple, straight forward, and the punishment fit the crime.
Yup--out of control. I can tell how proud you are of your daughter . . . how wonderful! My son did the Vaseline thing, too, the same year he cut his own hair and poked holes in the drop ceiling with an umbrella. No artistic talent noted to date (he's 16 now).
Sigh, this sort of thing makes me nuts. It reminds me of the "thinking" that must of occurred when the poor girl in AZ who was strip searched for an Advil.
wow, your kid is a fabulous artist!!
Great post! Horrible story. Stop the world. I want off of this MF'er!
Writing on a desk. Someone call Homeland security.
Ash - I'm sure reading would have been a crime, sad to say.

Daniel - What an awful story. That poor kid.

Havlin - Free speech and all that. I don't think I said I condoned her doodling on the desk. Second, it could be anyone's kid and it still would be wrong. For how the school behaved and for the kid for not using something not her property.

Christine - That would have made sense.

froggy - agreed.

Jeff - So very true. And sad.

Madam - Yep. Perp walked. Someone's really stupid idea of deterrence?

LadyM - It is sad.

M Todd - That makes the consequence fit the action at least.

Hells - Thanks. I do love the umbrella as a tool - that is funny (now) I bet.

sue - taken to extremes zero tolerance looks awfully paranoid.

Julie - Thanks!

Bill - Yeah, sometimes I'd like to do that too.

Noirville - Ha. Don't think they wouldn't given the message from the doodler....
Great post. There is a huge over reaction going on in this country for a number of things in an effort to assert control. Seems that some people need control. There is some bad, destructive behavior out there, however, this is not the case. As with all of these things, I am sure that some of you wish you could slap the person who did this to the child up side the head.....but since we are not supposed to be that out of control, we have to watch them act like monkeys. There are some real bizarre punishments going on right now that are over the top for some of the crimes... some sexting cases come to mind. Right wing or not, I think it is a question of common sense. Must be fresh out.............
Ralph Waldo Emerson was worried about the advent of the "new" education system, the system we find ourselves in now. His worry was that the school system would become an intolerant system not equipped to educate, but designed simply to discipline the children and to teach conformity.

Seems we’ve lived to see his worries come true.
Zero tolerance policies are a way for school board idiots to prevent teachers and principals from exercising judgement in situations of student discipline. One more reason why we right-wingers have grown to hate public education.
No problem with the story, except...the author turns it into a link to the artwork of a different artist than the actual subject of the article.

If your links went to the artwork of Alexa, this would be a different matter.

Self-promotion all the way. You can't snow the snowman.

I would guess you are related to the person you linked?
Lulu, That is the point, either way is wrong. But, in some segments in this society we have become a nation of extremes. Either there are no consequences for actions or they are totally overboard.
February