Despite what you believe is right or wrong on a personal level, in a civil society you sometimes need to step back. Two different stories from the news make the case, even if they aren’t alike. One is institutional, the Supreme Court Justice’s responsibility to the community. It is a case involving a defendant’s right to face his accuser. The other is about an individual’s community responsibility. It involves a woman working in a department store that gets fired for her actions.
On the institutional level, Sandy Williams was convicted of rape in Chicago (Williams v Illinois). He was arrested on a separate charge and police had taken a DNA sample from him. Evidence on the rape case was gathered from the victim and was sent to a lab in Maryland. The lab created a profile from the evidence that included DNA. The DNA from Williams and the rape case matched. Based on this evidence, Williams was then picked out of a line by the victim. At the trial, no one from the lab was called to testify about the examination of the evidence, because the prosecutors thought it too expensive to bring someone from the lab. Williams was convicted and given a life sentence.
Williams’ defense lawyers appealed and took the case to the Supreme Court. Their argument is, that since the prosecution didn’t have the person who did the test at the Maryland lab testify, Williams wasn’t given his right to face his accusers. The court sat for oral arguments and the case will be decided in the spring.
It appears that Williams is guilty. The evidence points to him and the woman identified him. The justices on the court are aware of the facts. Yet, they can’t just say, “he is guilty and don’t let this misstep of justice happen again.” They need to step back from the situation and determine if he did receive a fair trial. Not just for him, but as guidance in the future for all the similar cases. (A ruling for the defendant in this case may mean that not only does he go free, but many others like him will also.)
The other situation is about the clash between an individual’s personal beliefs and the society around them.
At a major department store, a transgender woman finds an outfit she would like to try on in the fitting room. When she asked the clerk, Natalie Johnson, to use the fitting rooms, the woman was told that she couldn’t use the women’s fitting room. Johnson said that even though the woman had make-up on and wore women’s clothes, she was not a woman because of her appearance, say she had a beard. Johnson was fired the next day after a long meeting with her superiors.
Johnson is a Christian and followers her faith very closely. She felt that by letting the woman use the women’s fitting rooms she would be violating her faith.
“I had to either comply with Macy’s or comply with God,” Johnson said. She is a 27 year old student at San Antonio College. Johnson is also a member of Tabernacle of Prayer, a nondenominational church.
When Johnson was asked to help the woman use the fitting rooms, she should have stepped back for a moment. It may indeed violate her faith and the evidence that she observed may have been correct. Johnson should have found someone else to help the woman or directed her to another department.
People in civil societies and cultures don’t peacefully co-exist based on narrowly defined social norms. They live peacefully by stepping back and allowing others to make their own choices – as long as those choices, of course, don’t purposely injure someone else. Individuals do this not only so others may live the lives they choose, but also that the individual can live their life. This is true for the institutions that we create to help facilitate the goals of the community but also for each of the individuals that live in the community.
It can sometimes be inconvenient at best and ugly at worst. But, this is at the core of a responsible community. It is the individual and the community sharing the responsibility to help insure that everyone can fulfill their personal and community lives.
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Saturday, December 10, 2011
Friday, December 9, 2011
Right is right until it interferes with business in Alabama
The legislature in Alabama, prodded by the attorneys general of the state, is looking at making some changes to the strict immigration law that was passed earlier in the year. In the court of world public opinion, all negative, it catapulted Alabama ahead of other states in the country with immigration laws that run counter to the role of state government.
Why is this happening?
Part of it was a backlash from big business – mind you, not everyday citizens, but big business – after two executives from Honda and Mercedes were stopped for not carry proof of their immigration status. The governor of the state responded very quickly with an apology to the individuals and the companies. This didn’t look good in a state that is seeking foreign investment. The executives were released without charges even though they broke the law. How about all the other everyday citizens that have been stopped, detained and charged with not carry proof of their immigration status?
But, at the core of the issue is a position a pro-business organization has taken. The Birmingham Business Alliance expressed that the law was damaging Alabama’s image around the world. Plus, (I love this one) “it is a burden for business and local government.”
Immigration and citizenship is a responsibility of the federal government. It says so right in the Constitution. If every state, county and city in the country were to enact their own immigration laws, it would be confusing to even to the local hardware store that hires kids in the neighborhood. We could never be really sure who has the right to be here.
But, Alabama seeking to change the law in response to big business complaints is especially disturbing. Their response makes it very clear that from the start this was just political. If it wasn’t, why was it right to place all these restrictions in the law in the first place then back out of parts of the law because big business complained? The legislature was told about the law being in violation of the Constitution. Many parts of the law have been placed on hold by the courts. Individuals lobbing to stop the law told them that citizens and immigrants in good standing would be negatively profiled. But, they didn’t listen because they wanted to make a political statement that they were hard on illegals.
Business, and the bigger the more responsible they are, is the biggest trouble maker with illegal immigrants. They hire those that come to this country seeking jobs with little or no identification checking. A blind eye is turned as long as they get docile workers that don’t complain and just do their job, no matter how little they are paid. By stopping illegals from getting jobs, those crossing the border without permission would slow dramatically.
As a country, we do need to work on immigration. But, that is the job of congress and the president not individual states. The Constitution makes it their responsibility. It also means that there will be one set of rules for everyone instead of 50, or more if counties and cities get in to the act like many already have.
Congress needs to act.
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Why is this happening?
Part of it was a backlash from big business – mind you, not everyday citizens, but big business – after two executives from Honda and Mercedes were stopped for not carry proof of their immigration status. The governor of the state responded very quickly with an apology to the individuals and the companies. This didn’t look good in a state that is seeking foreign investment. The executives were released without charges even though they broke the law. How about all the other everyday citizens that have been stopped, detained and charged with not carry proof of their immigration status?
But, at the core of the issue is a position a pro-business organization has taken. The Birmingham Business Alliance expressed that the law was damaging Alabama’s image around the world. Plus, (I love this one) “it is a burden for business and local government.”
Immigration and citizenship is a responsibility of the federal government. It says so right in the Constitution. If every state, county and city in the country were to enact their own immigration laws, it would be confusing to even to the local hardware store that hires kids in the neighborhood. We could never be really sure who has the right to be here.
But, Alabama seeking to change the law in response to big business complaints is especially disturbing. Their response makes it very clear that from the start this was just political. If it wasn’t, why was it right to place all these restrictions in the law in the first place then back out of parts of the law because big business complained? The legislature was told about the law being in violation of the Constitution. Many parts of the law have been placed on hold by the courts. Individuals lobbing to stop the law told them that citizens and immigrants in good standing would be negatively profiled. But, they didn’t listen because they wanted to make a political statement that they were hard on illegals.
Business, and the bigger the more responsible they are, is the biggest trouble maker with illegal immigrants. They hire those that come to this country seeking jobs with little or no identification checking. A blind eye is turned as long as they get docile workers that don’t complain and just do their job, no matter how little they are paid. By stopping illegals from getting jobs, those crossing the border without permission would slow dramatically.
As a country, we do need to work on immigration. But, that is the job of congress and the president not individual states. The Constitution makes it their responsibility. It also means that there will be one set of rules for everyone instead of 50, or more if counties and cities get in to the act like many already have.
Congress needs to act.
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Tuesday, December 6, 2011
No religion in public schools
The Supreme Court rejected an appeal to overturn a ruling by an appeals court to allow religious services in New York City school buildings after hours. The appeal was made by the Bronx Household of Faith, an evangelical Christian church. The religious group wanted to use a local middle school for its Sunday morning services that included singing of hymns, prayer and preaching from the Bible.
The appeal was made on the grounds that the denial by the New York City Board of Education was “viewpoint discrimination” and the appeals court authorized “censorship of private religious speakers.” The Supreme Court rejected the appeal without comment. This usually means that a majority of the justices found no merit in the request.
In a community, places represent things. The police station, the fire station and schools are places in the community that have very clear meanings. When you go to any of those places, like the place station, you are expecting to see police conducting their official business. We expect the same experience when we visit the fire station and schools.
Private buildings have the same expectations but are also distinctly different then public buildings. The local hardware store, the auto repair facility and churches are different places than public. The owners and managers of private places have control over the image that they project and can refuse to allow entry to people as long as it isn’t based on certain issues.
Allowing religious activities in a public school building would confuse its purpose of learning. It sends a message that this is the religion you should learn about. If you attended a religious school building you would expect to hear about one particular religion. But, public schools need to be a place where learning can be conducted without the influence of any religion.
The New York City School Board made the right decision to keep religion out of their buildings. This maintains a clear division between public and private purpose. It was good to see that the appeals court and the Supreme Court agreed with their decision.
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The appeal was made on the grounds that the denial by the New York City Board of Education was “viewpoint discrimination” and the appeals court authorized “censorship of private religious speakers.” The Supreme Court rejected the appeal without comment. This usually means that a majority of the justices found no merit in the request.
In a community, places represent things. The police station, the fire station and schools are places in the community that have very clear meanings. When you go to any of those places, like the place station, you are expecting to see police conducting their official business. We expect the same experience when we visit the fire station and schools.
Private buildings have the same expectations but are also distinctly different then public buildings. The local hardware store, the auto repair facility and churches are different places than public. The owners and managers of private places have control over the image that they project and can refuse to allow entry to people as long as it isn’t based on certain issues.
Allowing religious activities in a public school building would confuse its purpose of learning. It sends a message that this is the religion you should learn about. If you attended a religious school building you would expect to hear about one particular religion. But, public schools need to be a place where learning can be conducted without the influence of any religion.
The New York City School Board made the right decision to keep religion out of their buildings. This maintains a clear division between public and private purpose. It was good to see that the appeals court and the Supreme Court agreed with their decision.
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Monday, December 5, 2011
We don’t need a victim in the highest office in our community
It looks like Herman Cain is out of the race for the presidency. He put his campaign on hold because of all the allegations about sexual harassment and a possible affair that lasted much longer than a one nighter.
While none of these accusations have been proven in a court of law, one thing seems clear… no other candidate has so many women coming forward saying similar things. You have to wonder, if these tales were just women telling “lies” for their own enrichment, why haven’t other women come forward about other candidates?
There were other things as well. He didn’t know about China’s nuclear program. He wasn’t sure about Libya – or where it was. He couldn’t articulate his positions clearly on abortion. He was unaware of the affect his 9-9-9 tax plan would have. These are all things that should be feathered out early in the planning stages of any campaign. If you are running for the highest office in the world, you need to get a quick education on the world and developed a position statement on all you positions.
But, at the foundation of all of these problems, Cain played the blame game. None of this was his fault, it was the liberal press. The press didn’t like his position on the issues, so they decided to go after him. Can anyone tell me where the liberal press met to talk about this and make their plans? None of the women that I know of have any ties to the press of any kind.
Another reason was Cain’s fatigue. When Cain didn’t know the answer to how he would handle Libya, the campaign staff later said he was just tired. Hmm, how many phone calls come in the middle of the night as president and tired or not, you need to make quick decisions?
The blame game is not a good play in everyday life; it certainly isn’t when you are in a position of responsibility. To paraphrase a bit attributed to Lincoln, you can fool some of the people for a while, but after a while you need to step forward. Because Cain didn’t step forward and take some responsibility for his actions and mistakes, he is now stepping back.
Glad it was not instead of when he was in office.
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While none of these accusations have been proven in a court of law, one thing seems clear… no other candidate has so many women coming forward saying similar things. You have to wonder, if these tales were just women telling “lies” for their own enrichment, why haven’t other women come forward about other candidates?
There were other things as well. He didn’t know about China’s nuclear program. He wasn’t sure about Libya – or where it was. He couldn’t articulate his positions clearly on abortion. He was unaware of the affect his 9-9-9 tax plan would have. These are all things that should be feathered out early in the planning stages of any campaign. If you are running for the highest office in the world, you need to get a quick education on the world and developed a position statement on all you positions.
But, at the foundation of all of these problems, Cain played the blame game. None of this was his fault, it was the liberal press. The press didn’t like his position on the issues, so they decided to go after him. Can anyone tell me where the liberal press met to talk about this and make their plans? None of the women that I know of have any ties to the press of any kind.
Another reason was Cain’s fatigue. When Cain didn’t know the answer to how he would handle Libya, the campaign staff later said he was just tired. Hmm, how many phone calls come in the middle of the night as president and tired or not, you need to make quick decisions?
The blame game is not a good play in everyday life; it certainly isn’t when you are in a position of responsibility. To paraphrase a bit attributed to Lincoln, you can fool some of the people for a while, but after a while you need to step forward. Because Cain didn’t step forward and take some responsibility for his actions and mistakes, he is now stepping back.
Glad it was not instead of when he was in office.
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Friday, December 2, 2011
The NRA's grand conspiracy
Wayne LaPierre, the Executive Vice President of the National Rifle Association told a CPAC gathering in Florida, “It’s all part of a massive conspiracy to deceive voters and hide his true intention to destroy the Second Amendment.”
LaPierre was talking about the Obama’s administration to take no steps to take guns away from the citizens of the United States. LaPierre thinks that Obama’s lack of action is part of a conspiracy. That his appearance of inaction is so he can say he is for gun rights, and convince voters that he is on their side.
During the last election it was feared that if elected, Obama would move to take guns from the “cold, dead hands” of true Americans, as the gun lobby followers like to say. When he took office, gun sales skyrocketed. People wanted to stock up so they would be weaponized when the black booted goons made guns illegal.
But, since the election, absolutely nothing has happen. Obama has not requested any legislation about outlawing guns. He has not given any policy speeches on how guns have made this society the most violent in history. After the slaughter in Tucson by Jared Lee Loughner, that killed 6 people and wounded another 14 including Representative Gabrielle Giffords, a perfect time to call for more gun control, nothing happen.
And, yet, LaPierre seems to think this is Obama’s grand conspiracy to remove guns from the homes of good, upstanding citizens.
LaPierre and the likes of him need a boogieman to stay alive. He needs to stir up some hate for the liberal press, the far left commie in the White House or whoever else LaPierre can point a finger at. Even if the people LaPierre points fingers at are people in position of power that have done nothing to endanger his beloved right to own guns.
We do have a right, of some kind, to bear arms. I do believe that those that signed the Constitution wanted to make sure that we could keep guns in our homes for our safety, for hunting and so that we may respond to a call to arms by our states in times of need. But, it can’t be argued that by guaranteeing the right to bear arms in the Constitution, the signers ever intended to stop congress from enacting any reasonable law about gun safety.
LaPierre would have you believing otherwise. He believes that any law that curtails the ownership or use of guns is unconstitutional. But, who would argue that crazy people, like Loughner, should be able to walk around with a gun strapped to their waist. Obama, instead of moving to place more control on people like him, has done nothing.
LaPierre, where is the grand conspiracy?
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LaPierre was talking about the Obama’s administration to take no steps to take guns away from the citizens of the United States. LaPierre thinks that Obama’s lack of action is part of a conspiracy. That his appearance of inaction is so he can say he is for gun rights, and convince voters that he is on their side.
During the last election it was feared that if elected, Obama would move to take guns from the “cold, dead hands” of true Americans, as the gun lobby followers like to say. When he took office, gun sales skyrocketed. People wanted to stock up so they would be weaponized when the black booted goons made guns illegal.
But, since the election, absolutely nothing has happen. Obama has not requested any legislation about outlawing guns. He has not given any policy speeches on how guns have made this society the most violent in history. After the slaughter in Tucson by Jared Lee Loughner, that killed 6 people and wounded another 14 including Representative Gabrielle Giffords, a perfect time to call for more gun control, nothing happen.
And, yet, LaPierre seems to think this is Obama’s grand conspiracy to remove guns from the homes of good, upstanding citizens.
LaPierre and the likes of him need a boogieman to stay alive. He needs to stir up some hate for the liberal press, the far left commie in the White House or whoever else LaPierre can point a finger at. Even if the people LaPierre points fingers at are people in position of power that have done nothing to endanger his beloved right to own guns.
We do have a right, of some kind, to bear arms. I do believe that those that signed the Constitution wanted to make sure that we could keep guns in our homes for our safety, for hunting and so that we may respond to a call to arms by our states in times of need. But, it can’t be argued that by guaranteeing the right to bear arms in the Constitution, the signers ever intended to stop congress from enacting any reasonable law about gun safety.
LaPierre would have you believing otherwise. He believes that any law that curtails the ownership or use of guns is unconstitutional. But, who would argue that crazy people, like Loughner, should be able to walk around with a gun strapped to their waist. Obama, instead of moving to place more control on people like him, has done nothing.
LaPierre, where is the grand conspiracy?
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Wednesday, November 30, 2011
One way to solve the illegal immigration problem
Grigg Box Company in Detroit was raided by United States Immigration and Customs Enforcement’s Homeland Security Investigations a few days ago. After a long investigation by HSI, it was determined that the company had a possible 30 or more undocumented workers employed. The owner of the company will soon be charged in court with the crime.
Brian M. Moskowitz, HIS special agent in charge, said when questioned about the raid, "Employers who evade the law not only fuel the demand that is responsible for much of the country's illegal immigration, but their actions also hurt lawful workers who are seeking jobs in this challenging economy.” Moskowitz continues, "Criminal prosecutions are just one of many tools HSI is using to reduce the demand for illegal employment and protect job opportunities for the nation's lawful workforce."
In the Responsible Community’s blog post, “End illegal immigration in five steps” the second point of five to end illegal immigration was:
2) Enforce the law about employing the undocumented worker. This must be done on the national level, not the local or state level. Unless every employer understands very clearly what they need to do to make sure their work force is legal, they will make mistakes at the very least and ignore on the most flagrant level.
Employers, small and large, must also believe that I.C.E. (Immigration and Custom Enforcement) could arrive at any moment for an employee audit. Employers must be obligated to document that each employee is legally employable in this country. If they can’t, they must pay a fine that is far greater than the risk of being caught.
We can’t fence off the world. No fence can be built high enough to stop those that are driven to find a way over, around or under. What we need to do is stop the incentive illegal immigrants have for finding their way here. If they knew they would not find work, it would stop one of the biggest reasons they come. (Another is freedom, and who could blame them for that.)
While we talk about ending illegal immigration, we always point fingers at other countries and the individuals that find their way here. But, rarely have we looked at ourselves. If we continue to blame others for our problems, we will never solve the problem.
Continue with these raids at an accelerated rate.
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Brian M. Moskowitz, HIS special agent in charge, said when questioned about the raid, "Employers who evade the law not only fuel the demand that is responsible for much of the country's illegal immigration, but their actions also hurt lawful workers who are seeking jobs in this challenging economy.” Moskowitz continues, "Criminal prosecutions are just one of many tools HSI is using to reduce the demand for illegal employment and protect job opportunities for the nation's lawful workforce."
In the Responsible Community’s blog post, “End illegal immigration in five steps” the second point of five to end illegal immigration was:
2) Enforce the law about employing the undocumented worker. This must be done on the national level, not the local or state level. Unless every employer understands very clearly what they need to do to make sure their work force is legal, they will make mistakes at the very least and ignore on the most flagrant level.
Employers, small and large, must also believe that I.C.E. (Immigration and Custom Enforcement) could arrive at any moment for an employee audit. Employers must be obligated to document that each employee is legally employable in this country. If they can’t, they must pay a fine that is far greater than the risk of being caught.
We can’t fence off the world. No fence can be built high enough to stop those that are driven to find a way over, around or under. What we need to do is stop the incentive illegal immigrants have for finding their way here. If they knew they would not find work, it would stop one of the biggest reasons they come. (Another is freedom, and who could blame them for that.)
While we talk about ending illegal immigration, we always point fingers at other countries and the individuals that find their way here. But, rarely have we looked at ourselves. If we continue to blame others for our problems, we will never solve the problem.
Continue with these raids at an accelerated rate.
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Tuesday, November 29, 2011
End banks that are too big to fail
Jon Huntsman, one of the many Republican presidential candidates, wants to put an end to banks that are too big to fail. His plan would not allow banks to grow beyond a predetermined percent of the economy. The real solution would be to keep banks in the community and service their own mortgages, loans and investments.
Communities operate best when the stakeholders have reasonable control over the events and issues that affect their personal and community lives. The institutions in the community that assists its citizens need to be small and local so that they can be responsive to the needs of the community. When they become too large, the interest of the institution is not tied to the community.
National and international banks are the biggest offenders. Their interests are not aligned with the interest of individual communities and the needs of its citizens. Decisions by the owners of the large banks are not made on a community by community basis. They are made in support of the corporation. Rather than provide the services that individual communities need, they force communities to confirm to their standards.
One of the issues this affects is mortgages. The amount of mortgages a bank can provide is limited. In order to be covered by the FDIC, a bank must maintain a set amount of its demand deposits on hand. If a bank wants to provide more mortgages than is allowed under law, some of its mortgages must be sold off, usually to Wall Street. This allows the banks to go well beyond their limits on lending money. They can make more profit, which is good for the bank, but not always what is best for the community.
When mortgages are serviced by the bank in the community, it is much easier for someone to approach the bank to discuss issues. Those that own and manage the bank are in their offices every day and are approachable. They care because the failure of a single mortgage means a loss to the bank and its standing in the community will be affected. If the mortgage has been sold off to Wall Street, the local bank has no say in the management of the mortgage. Also, the profit the bank makes from the loan has already been realized.
As a secondary benefit, less risky mortgages will not be made. If the bank knows that they will be servicing the mortgage, it will not want to have the expense of collecting the money. If risky mortgages are quickly packaged and sold off, the bank will be more willing to make those risky loans, knowing they won’t have to service it.
Both issues mentioned in the preceding two paragraphs caused a lot of problems over the last few years. One of the problems that mortgage owners have experienced is that the bank that services the loan would not work with them on finding solutions to avoid default. Personnel at the banks could not be contacted, would not return inquiries and generally were unresponsive to the needs of the homeowners. Also, without question, some of the mortgages should not have been made. Those risky loans were one of the reasons for the near collapse of the mortgage business.
Banks need to be community oriented and service the mortgages they provide. This insures that they will be more responsive to the community. When there is continuing personal contact between all the parties in any business relationship, the outcome is much more likely to be positive.
Note: Thank you to my daughter Lauren Hagerman for her insightful and supportive assistance for this blog post.
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Communities operate best when the stakeholders have reasonable control over the events and issues that affect their personal and community lives. The institutions in the community that assists its citizens need to be small and local so that they can be responsive to the needs of the community. When they become too large, the interest of the institution is not tied to the community.
National and international banks are the biggest offenders. Their interests are not aligned with the interest of individual communities and the needs of its citizens. Decisions by the owners of the large banks are not made on a community by community basis. They are made in support of the corporation. Rather than provide the services that individual communities need, they force communities to confirm to their standards.
One of the issues this affects is mortgages. The amount of mortgages a bank can provide is limited. In order to be covered by the FDIC, a bank must maintain a set amount of its demand deposits on hand. If a bank wants to provide more mortgages than is allowed under law, some of its mortgages must be sold off, usually to Wall Street. This allows the banks to go well beyond their limits on lending money. They can make more profit, which is good for the bank, but not always what is best for the community.
When mortgages are serviced by the bank in the community, it is much easier for someone to approach the bank to discuss issues. Those that own and manage the bank are in their offices every day and are approachable. They care because the failure of a single mortgage means a loss to the bank and its standing in the community will be affected. If the mortgage has been sold off to Wall Street, the local bank has no say in the management of the mortgage. Also, the profit the bank makes from the loan has already been realized.
As a secondary benefit, less risky mortgages will not be made. If the bank knows that they will be servicing the mortgage, it will not want to have the expense of collecting the money. If risky mortgages are quickly packaged and sold off, the bank will be more willing to make those risky loans, knowing they won’t have to service it.
Both issues mentioned in the preceding two paragraphs caused a lot of problems over the last few years. One of the problems that mortgage owners have experienced is that the bank that services the loan would not work with them on finding solutions to avoid default. Personnel at the banks could not be contacted, would not return inquiries and generally were unresponsive to the needs of the homeowners. Also, without question, some of the mortgages should not have been made. Those risky loans were one of the reasons for the near collapse of the mortgage business.
Banks need to be community oriented and service the mortgages they provide. This insures that they will be more responsive to the community. When there is continuing personal contact between all the parties in any business relationship, the outcome is much more likely to be positive.
Note: Thank you to my daughter Lauren Hagerman for her insightful and supportive assistance for this blog post.
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