Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.

I haven’t posted yet about the news that thousands of delinquent homeowners are being booted out of their houses in special “expedited” courtrooms using flimsy and often fraudulent documentation produced by foreclosure mills that handle thousands of cases with factory-like efficiency. Part of the reason is that lousy documentation aside, it wasn’t clear to me how many people were actually being unfairly evicted. Mike Konczal sets me straight:

I was raised by a family in law enforcement, and as such, I tend to think people who are arrested are usually guilty. And I think that the people who are ending up inside the Florida bankruptcy courts are usually going to be people that shouldn’t be in their homes.

It’s because of the fact that I and others usually believe this to be true that I think due process and the trust in the process of our courts is so incredibly important. It’s necessary to force the parties at hand to marshall evidence that they swear is true, and to present it to an impartial judge to render judgment after full consideration. This is America, where everyone gets a chance before the court. If this breaks, the weak and the innocent are the ones who suffer.

This is right. It’s precisely when we’re absolutely sure that someone is guilty that we need to be most careful about making sure we actually prove it. Beyond that, as Mike points out in the rest of his post, virtually all of these foreclosure problems could probably be resolved quickly and fairly amicably if banks were simply willing to share the loss with the homeowner. But they’re not, and neither Congress nor the president has been willing to change the law to encourage this. It’s all about protecting the banks, not anyone else.

Read the whole thing, and then click the links to read a bit more. I think Obama probably gets more flack for his economic policies than he deserves — for the most part they’ve been about as good as they could have been under the circumstances — but when it comes to home foreclosures the administration and Congress have been cynical and derelict in the extreme. It’s a disgrace, whether Rick Santelli likes it or not.

MOTHER JONES NEEDS YOUR HELP

We have about a $170,000 funding gap and less than a week to go in our hugely important First $500,000 fundraising campaign that ends Saturday. We urgently need your help, and a lot of help, so we can pay for the one-of-a-kind journalism you get from us.

Learn more in “Less Dreading, More Doing,” where we lay out this wild moment and how we can keep charging hard for you. And please help if you can: $5, $50, or $500—every gift from every person truly matters right now.

payment methods

MOTHER JONES NEEDS YOUR HELP

We have about a $170,000 funding gap and less than a week to go in our hugely important First $500,000 fundraising campaign that ends Saturday. We urgently need your help, and a lot of help, so we can pay for the one-of-a-kind journalism you get from us.

Learn more in “Less Dreading, More Doing,” where we lay out this wild moment and how we can keep charging hard for you. And please help if you can: $5, $50, or $500—every gift from every person truly matters right now.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate