By David Swanson

I used to tell my friends – or maybe I was just talking to myself – that my ideal job would involve traveling. Lots of travel … to some place different … every week … and living in hotels. I mean, who wouldn’t want to live in a hotel all the time? Someone makes your bed every day, tidies up for you. You never have to wash a dish again! 

Well, I’ve gotten my wish. Sort of. You see I live in Chicago with my wife, aka “wifey,” and my three month old son, Benjamin. Wifey is finishing her pediatric residency in the city. One year left. Yes, I’ll be happy when it’s over and we’re back here in North Carolina, where I work as a lawyer. For now I “travel” almost weekly from IL to NC. And it’s getting old, really quickly. 

Speaking of old, I thought I’d talk about some old law today; i.e., the law of the land . The constitution’s been in place since, what, 1787? Ratified, modified and amended numerous times since. Not without some controversy either. Which brings me to an invitation my partner recently received. It was to join a “secret” group that had as its mission to “take back the country.” Honestly, at this point in our history, I’m not sure why anyone wants it, but hey, sounds innocent enough. Fool-hardy, perhaps, but whatever floats your boat, I think as he continues. 

One of the main provisions of membership is that you must swear to uphold the constitution of the Republic of the United States” as it was amended up to 1860. Hum… What does that mean? What about after 1860. Um, no upholding. No observing. In fact, “taking back the country” means taking it back to the law of the land in 1860. And exactly what might that be? Well, we’ll be going back to slavery with no due process for nobody and uh, yeah, no vote for woman and blacks. 

In other words. “Back to the Basics,” as this super-secret group longingly remembers them. Since it’s a real group and from what my partner tells me a real person gave him a real “super-secret” invitation with a real look of “taking back the country” in his eye, I’d say, there’s some pretty scary stuff brewin. More on that later. 

Almost too much for little ole me to contend with at the moment so I’ll stick to figuring out how to avoid Medicaid liens on real property for seniors facing a stint in a nursing home. Which is to say, if you don’t have enough private long-term care insurance – and who does really – you’ll have to sell your soul before you can apply for Medicaid benefits. Your soul and your house. Of course you can gift it to an adult child or another heir and hope that you don’t have to go to the “big house” for another five years – that’s the period in which they can reach back and take the proceeds and/or penalize you for trying to give your hard-earned assets to whomever you want. So best to get informed now. Start your research here: http://aspe.hhs.gov/daltcp/Reports/liens.pdf. It’s where I go when I need a refresher. Till tomorrow. 

By David Swanson

The question seemed simple enough. Considering the source, the 5 year-old son of a client in my waiting room, it didn’t seem like a trick question either. Just genuine, wide-eyed, expect-the-truth curiosity.

Hum. Think. Don’t shatter the child’s illusions. But don’t encourage them either. “Cause problems” “Solve Problems.” “Cause Problems.”  “Solve Problems.” Where was that damn coin when I needed it. Enter my secretary to the rescue. “A lawyer helps people honey.”
“Oh,” my little inquisitioner commented, satisfied. He may as well have asked what’s in the center of a tootsie roll. He would have been equally as appeased at the explanation of a thing unknown.  the house is worth (two banks actually – a first mortgage and a second). What he purchased for $500,000.00 is now worth $375,000.00. Both banks have to agree to take less (or “short”) than what they are owed. There’s many, many catches and so our client, wisely we hope, has come to us for guidance and assistance.
Only thing is, the World Has Gone Mad! What used to take a phone call or two to the bank, now takes 20-30 (no kidding). There’s HAMP and HARP and now HAFA – government problems (sorry, programs) to help homeowners, allegedly, and yet no one at the bank even knows what HAMP (“Home Afforadable Modification Program), HARP (“Home Affordable Refinance Program”) and now HAFA (“Home Affordable Foreclosure Alternative”) mean. “LawShelter to Bank Phone Rep in India … Print this e-mail for your records!”
I feel for you dear readers, if you are in this position. I am not one to believe in government conspiracies. O.K., maybe I am, but these programs are only helping the banks get more money to hold on to, to make more interest on, to get bigger and richer and to throw crumbs to the man on the street when a government tool comes around to see what’s what.
Advice. Don’t give up. Never give up. It’s a fight now like never before to survive and if you are weak and if you are expecting someone to be nice and do the nice, kind thing. Hang it up. Fight! Be Christian about it. Remember Matthew 7:12 and treat people, even mean, barely-able-to-read-their-English-script-people kindly. But don’t let them off the hook. Tell them what the law says and demand to have your rights. And it doesn’t hurt to know the rules of the game. Go to makinghomeaffordable.gov. Yes, it’s Orwellian double-speak and yes, THEY really are out to screw you. Don’t let them. If you’re having trouble with your mortgage, see what the program is supposed to do and do your damndest to make them do it. If you’re having trouble, try contacting one of us lawyers too. Help or hurt? Survey says … help.