Their Family Bought Land One Generation After Slavery. The Reels Brothers Spent Eight Years in Jail for Refusing to Leave It.

Their Family Bought Land One Generation After Slavery.

Licurtis Reels, left, and Melvin Davis.

The Reels Brothers Spent Eight Years in Jail for Refusing to Leave It.

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IN THE SPRING OF 2011, the brothers Melvin Davis and Licurtis Reels were the talk of Carteret County, on the central coast of North Carolina. Some people said that the brothers were righteous; others thought that they had lost their minds. That March, Melvin and Licurtis stood in court and refused to leave the land that they had lived on all their lives, a portion of which had, without their knowledge or consent, been sold to developers years before. The brothers were among dozens of Reels family members who considered the land theirs, but Melvin and Licurtis had a particular stake in it. Melvin, who was 64, with loose black curls combed into a ponytail, ran a club there and lived in an apartment above it. He’d established a career shrimping in the river that bordered the land, and his sense of self was tied to the water. Licurtis, who was 53, had spent years building a house near the river’s edge, just steps from his mother’s.

Their great-grandfather had bought the land a hundred years earlier, when he was a generation removed from slavery. The property — 65 marshy acres that ran along Silver Dollar Road, from the woods to the river’s sandy shore — was racked by storms. Some called it the bottom, or the end of the world. Melvin and Licurtis’ grandfather Mitchell Reels was a deacon; he farmed watermelons, beets and peas, and raised chickens and hogs. Churches held tent revivals on the waterfront, and kids played in the river, a prime spot for catching red-tailed shrimp and crabs bigger than shoes. During the later years of racial-segregation laws, the land was home to the only beach in the county that welcomed black families. “It’s our own little black country club,” Melvin and Licurtis’ sister Mamie liked to say. In 1970, when Mitchell died, he had one final wish. “Whatever you do,” he told his family on the night that he passed away, “don’t let the white man have the land.”

Mitchell didn’t trust the courts, so he didn’t leave a will. Instead, he let the land become heirs’ property, a form of ownership in which descendants inherit an interest, like holding stock in a company. The practice began during Reconstruction, when many African Americans didn’t have access to the legal system, and it continued through the Jim Crow era, when black communities were suspicious of white Southern courts. In the United States today, 76% of African Americans do not have a will, more than twice the percentage of white Americans.

Many assume that not having a will keeps land in the family. In reality, it jeopardizes ownership. David Dietrich, a former co-chair of the American Bar Association’s Property Preservation Task Force, has called heirs’ property “the worst problem you never heard of.” The U.S. Department of Agriculture has recognized it as “the leading cause of Black involuntary land loss.” Heirs’ property is estimated to make up more than a third of Southern black-owned land — 3.5 million acres, worth more than $28 billion. These landowners are vulnerable to laws and loopholes that allow speculators and developers to acquire their property. Black families watch as their land is auctioned on courthouse steps or forced into a sale against their will.

Between 1910 and 1997, African Americans lost about 90% of their farmland. This problem is a major contributor to America’s racial wealth gap; the median wealth among black families is about a tenth that of white families. Now, as reparations have become a subject of national debate, the issue of black land loss is receiving renewed attention. A group of economists and statisticians recently calculated that, since 1910, black families have been stripped of hundreds of billions of dollars because of lost land. Nathan Rosenberg, a lawyer and a researcher in the group, told me, “If you want to understand wealth and inequality in this country, you have to understand black land loss.”

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The waterfront that borders the 65-acre tract.

By the time of Melvin and Licurtis’ hearing in 2011, they had spent decades fighting to keep the waterfront on Silver Dollar Road. They’d been warned that they would go to jail if they didn’t comply with a court order to stay off the land, and they felt betrayed by the laws that had allowed it to be taken from them. They had been baptized in that water. “You going to go there, take my dreams from me like that?” Licurtis asked on the stand. “How about it was you?”

They expected to argue their case in court that day. Instead, the judge ordered them sent to jail, for civil contempt. Hearing the ruling, Melvin handed his 83-year-old mother, Gertrude, his flip phone and his gold watch. As the eldest son, he had promised relatives that he would assume responsibility for the family. “I can take it,” he said. Licurtis looked at the floor and shook his head. He had thought he’d be home by the afternoon; he’d even left his house unlocked. The bailiff, who had never booked anyone in civil superior court, had only one set of handcuffs. She put a cuff on each brother’s wrist, and led them out the back door. The brothers hadn’t been charged with a crime or given a jury trial. Still, they believed so strongly in their right to the property that they spent the next eight years fighting the case from jail, becoming two of the longest-serving inmates for civil contempt in U.S. history.


LAND WAS AN IDEOLOGICAL PRIORITY for black families after the Civil War, when nearly 4 million people were freed from slavery. On Jan. 12, 1865, just before emancipation, the Union Army Gen. William Tecumseh Sherman met with 20 black ministers in Savannah, Georgia, and asked them what they needed. “The way we can best take care of ourselves is to have land,” their spokesperson, the Rev. Garrison Frazier, told Sherman. Freedom, he said, was “placing us where we could reap the fruit of our own labor.” Sherman issued a special field order declaring that 400,000 acres formerly held by Confederates be given to African Americans — what came to be known as the promise of “40 acres and a mule.” The following year, Congress passed the Southern Homestead Act, opening up an additional 46 million acres of public land for Union supporters and freed people.

The promises never materialized. In 1876, near the end of Reconstruction, only about 5% of black families in the Deep South owned land. But a new group of black landowners soon established themselves. Many had experience in the fields, and they began buying farms, often in places with arid or swampy soil, especially along the coast. By 1920, African Americans, who made up 10% of the population, represented 14% of Southern farm owners.

Swimmers at the beach on Silver Dollar Road.

A white-supremacist backlash spread across the South. At the end of the 19th century, members of a movement who called themselves Whitecaps, led by poor white farmers, accosted black landowners at night, beating them or threatening murder if they didn’t abandon their homes. In Lincoln County, Mississippi, Whitecaps killed a man named Henry List, and more than 50 African Americans fled the town in a single day. Over two months in 1912, violent white mobs in Forsyth County, Georgia, drove out almost the entire black population — more than a thousand people. Ray Winbush, the director of the Institute for Urban Research, at Morgan State University, told me, “There is this idea that most blacks were lynched because they did something untoward to a young woman. That’s not true. Most black men were lynched between 1890 and 1920 because whites wanted their land.”

By the second half of the 20th century, a new form of dispossession had emerged, officially sanctioned by the courts and targeting heirs’ property owners without clear titles. These landowners are exposed in a variety of ways. They don’t qualify for certain Department of Agriculture loans to purchase livestock or cover the cost of planting. Individual heirs can’t use their land as collateral with banks and other institutions, and so are denied private financing and federal home-improvement loans. They generally aren’t eligible for disaster relief. In 2005, Hurricane Katrina laid bare the extent of the problem in New Orleans, where 25,000 families who applied for rebuilding grants had heirs’ property. One Louisiana real-estate attorney estimated that up to $165 million of recovery funds were never claimed because of title issues.

Heirs are rarely aware of the tenuous nature of their ownership. Even when they are, clearing a title is often an unaffordable and complex process, which requires tracking down every living heir, and there are few lawyers who specialize in the field. Nonprofits often pick up the slack. The Center for Heirs’ Property Preservation, in South Carolina, has cleared more than 200 titles in the past decade, almost all of them for African-American families, protecting land valued at nearly $14 million. Josh Walden, the center’s chief operating officer, told me that it had mapped out a hundred thousand acres of heirs’ property in South Carolina. He said that investors hoping to build golf courses or hotels can target these plots. “We had to be really mindful that we didn’t share those maps with anyone, because otherwise they’d be a shopping catalogue,” he told me. “And it’s not as if it dries up. New heirs’ property is being created every day.”

Through interviews and courthouse records, I analyzed more than three dozen cases from recent years in which heirs’ property owners lost land — land that, for many of them, was not only their sole asset but also a critical part of their heritage and their sense of home. The problem has been especially acute in Carteret County. Beaufort, the county seat, was once the site of a major refugee camp for freed people. Black families eventually built homes near where the tents had stood. But in the 1970s the town became a tourist destination, with upscale restaurants, boutiques, and docks for yachts. Real-estate values surged, and out-of-town speculators flooded the county. David Cecelski, a historian of the North Carolina coast, told me, “You can’t talk to an African-American family who owned land in those counties and not find a story where they feel like land was taken from them against their will, through legal trickery.”


Gertrude’s yard, near the trailers of relatives.

BEAUFORT IS A QUAINT TOWN, lined with coastal cottages and Colonial homes. When I arrived, last fall, I drove 20 miles to Silver Dollar Road, where Melvin and Licurtis’ family lives in dozens of trailers and wood-panelled houses, scattered under pine and gum trees.

Melvin and Licurtis’ mother, Gertrude, greeted me at her house and led me into her living room, where porcelain angels lined one wall. Gertrude is tough and quiet, her high voice muffled by tobacco that she packs into her cheek. People call her Mrs. Big Shit. “It’s because I didn’t pay them no mind,” she told me. The last of Mitchell Reels’ children to remain on the property, she is the family matriarch. Grandchildren, nieces and nephews let themselves into her house to pick up mail or take out her trash. Around dinnertime on the day I was there, the trickle of visitors turned into a crowd. Gertrude went into the kitchen, coated fish fillets with cornmeal and fried them for everyone.

Her daughter Mamie told me that Melvin and Licurtis had revelled in the land as kids, playing among the inky eels and conch shells. In the evenings, the brothers would sit on the porch with their cousins, a rag burning to keep the mosquitoes away. On weekends, a pastor strode down the dirt street, robed in white, his congregants singing “Wade in the Water.” Licurtis was a shy, humble kid who liked working in the cornfields. Melvin was his opposite. “When the school bus showed up, when he come home, the crowd would come with him and stay all night,” Gertrude said. When Melvin was 9, he built a boat from pine planks and began tugging it along the shore. A neighbor offered to teach him how to shrimp, and, in the summer, Melvin dropped nets off the man’s trawler. He left school in the 10th grade; his catch was bringing in around a thousand dollars a week. He developed a taste for sleek cars, big jewelry and women, and started buying his siblings Chuck Taylors and Timberlands.

Gertrude was the administrator of the estate. She’d left school in the eighth grade and wasn’t accustomed to navigating the judicial system, but after Mitchell’s death she secured a court ruling declaring that the land belonged to his heirs. The judgment read, “The surviving eleven (11) children or descendants of children of Mitchell Reels are the owners of the lands exclusive of any other claim of any one.”

Gertrude in her living room overlooking the shoreline.

In 1978, Gertrude’s uncle Shedrick Reels tried to carve out for himself the most valuable slice of land, on the river. He used a legal doctrine called adverse possession, which required him to prove that he had occupied the waterfront for years, continuously and publicly, against the owners’ wishes. Shedrick, who went by Shade and worked as a tire salesman in New Jersey, hadn’t lived on Silver Dollar Road in 27 years. But he claimed that “tenants” had stood in for him — he had built a house on the waterfront in 1950, and relatives had rented it or run it as a club at various times since. Some figured that it was Shade’s land. He also produced a deed that his father, Elijah, had given him in 1950, even though Mitchell, another of Elijah’s sons, had owned the land at the time.

Shade made his argument through an obscure law called the Torrens Act. Under Torrens, Shade didn’t have to abide by the formal rules of a court. Instead, he could simply prove adverse possession to a lawyer, whom the court appointed, and whom he paid. The Torrens Act has long had a bad reputation, especially in Carteret. “It’s a legal way to steal land,” Theodore Barnes, a land broker there, told me. The law was intended to help clear up muddled titles, but, in 1932, a law professor at the University of North Carolina found that it had been co-opted by big business. One lawyer said that people saw it as a scheme “whereby rich men could seize the lands of the poor.” Even Shade’s lawyer, Nelson Taylor, acknowledged that it was abused; he told me that his own grandfather had lost a 50-acre plot to Torrens. “First time he knew anything about it was when somebody told him that he didn’t own it anymore,” Taylor said. “That was happening more often than it ever should have.”

Mitchell’s kids and grandkids were puzzled that Shade’s maneuver was legal—they had Mitchell’s deed and a court order declaring that the land was theirs. And they had all grown up on that waterfront. “How can they take this land from us and we on it?” Melvin said. “We been there all our days.” Gertrude’s brother Calvin, who handled legal matters for the family, hired Claud Wheatly III, the son of one of the most powerful lawyers in town, to represent the siblings at a Torrens hearing about the claim. Gertrude, Melvin and his cousin Ralphele Reels, the only surviving heirs who attended the hearing, said that they left confident that the waterfront hadn’t gone to Shade. “No one in the family thought at the end of the day that it was his land and we were going to walk away from it forever,” Ralphele told me.

Wheatly told me a different story. In his memory, the Torrens hearing was chaotic, but the heirs agreed to give Shade, who has since died, the waterfront. When I pressed Wheatly, he conceded that not all the heirs liked the outcome, but he said that Calvin had consented. “I would have been upset if Calvin had not notified them, because I generally don’t get involved in those things without having a family representative in charge,” he told me. He said that he never had a written agreement with Calvin — just a conversation. (Calvin died shortly after the hearing.) The lawyer examining Shade’s case granted him the waterfront, and Wheatly signed off on the decision. The Reels family, though it didn’t yet know it, had lost the rights to the land on the shoreline.

Licurtis had set up a trailer near the river a couple of years earlier, in 1977. He was working as a brick mason and often hosted men from the neighborhood for Budweiser and beans in the evenings. Melvin had become the center of a local economy on the shore. He taught the men how to work the water, and he paid the women to prepare his catch, pressing the soft crevice above the shrimps’ eyes and popping off their heads. He had a son, Little Melvin, and in the summers his nephews and cousins came to the beach, too. One morning, he took eight of them out on the water and then announced that he’d made a mistake: only four were allowed on the boat. He threw them overboard one by one. “We’re thinking, We’re gonna drown,” one cousin told me. “And he jumps off the boat with us and teaches us how to swim.”

In 1982, Melvin and Gertrude received a trespassing notice from Shade. They took it to a lawyer, who informed them that Shade now legally owned a little more than 13 acres of the 65-acre plot. The family was stunned, and suspicious of the claim’s validity. Many of the tenants listed to prove Shade’s continuous possession were vague or unrecognizable, like “Mitchell Reels’ boy,” or “Julian Leonard,” whom Gertrude had never heard of. (She had a sister named Julia and a brother named Leonard but no memory of either one living on the waterfront.) The lawyer who granted the land to Shade had also never reported the original court ruling that Gertrude had won, as he should have done.

Shade’s ownership would be almost impossible to overturn. There’s a one-year window to appeal a Torrens decision in North Carolina, and the family had missed it by two years. Soon afterward, Shade sold the land to developers.

Melvin’s club, Fantasy Island, still stands on the 13-acre plot that the Reels lost.

THE REELSES KNEW that if condos or a marina were built on the waterfront the remaining 50 acres of Silver Dollar Road could be taxed not as small homes on swampy fields but as a high-end resort. If they fell behind on the higher taxes, the county could auction off their property. “It would break our family right up,” Melvin told me. “You leave here, you got no more freedom.”

This kind of tax sale has a long history in the dispossession of heirs’ property owners. In 1992, the NAACP accused local officials of intentionally inflating taxes to push out black families on Daufuskie, a South Carolina sea island that has become one of the hottest real-estate markets on the Atlantic coast. Property taxes had gone up as much as 700% in a single decade. “It is clear that the county has pursued a pattern of conduct that disproportionately displaces or evicts African-Americans from Daufuskie, thereby segregating the island and the county as a whole,” the NAACP wrote to county officials. Nearby Hilton Head, which as recently as two decades ago comprised several thousand acres of heirs’ property, now, by one estimate, has a mere 200 such acres left. Investors fly into the county each October to bid on tax-delinquent properties in a local gymnasium.

In the upscale town of Summerville, South Carolina, I met Wendy Reed, who, in 2012, was late paying $83.81 in taxes on the lot she had lived on for nearly four decades. A former state politician named Thomas Limehouse, who owned a luxury hotel nearby, bought Reed’s property at a tax sale for $2,000, about an eighth of its value. Reed had a year to redeem her property, but, when she tried to pay her debt, officials told her that she couldn’t get the land back, because she wasn’t officially listed as her grandmother’s heir; she’d have to go through probate court. Here she faced another obstacle: heirs in South Carolina have 10 years to probate an estate after the death of the owner, and Reed’s grandmother had died 30 years before. Tax clerks in the county estimate that each year they send about a quarter of the people who try to redeem delinquent property to probate court because they aren’t listed on the deed or named by the court as an heir. Limehouse told me, “To not probate the estate and not pay the taxes shouldn’t be a reason for special dispensation. When you let things go, you can’t blame the county.” Reed has been fighting the case in court since 2014. “I’m still not leaving,” she told me. “You’ll have to pack my stuff and put me off.”


FOR YEARS, the conflict on Silver Dollar Road was dormant, and Melvin continued expanding his businesses. Each week, Gertrude packed two-pound bags of shrimp to sell at the farmers’ market, along with petunias and gardenias from her yard. Melvin was also remodelling a night club, Fantasy Island, on the shore. He’d decked it out with disco lights and painted it white, he said, so that “on the water it would shine like gold.”

The majority of the property remained in the family, including the land on which Gertrude’s house stood. But Licurtis had been building a home in place of his trailer on the contested waterfront. “It was the most pretty spot,” he told me. “I’d walk to the water, and look at my yard, and see how beautiful it was.” He’d collected the signatures of other heirs to prove that he had permission, and registered a deed.

A palm tree and colored lights inside Fantasy Island.

When real-estate agents or speculators came to the shore, Melvin tried to scare them away. A developer told me that once, when he showed the property to potential buyers, “Melvin had a roof rack behind his pickup, jumped out, snatched a gun out.” It wasn’t the only time that Melvin took out his rifle. “You show people that you got to protect yourself,” he told me. “Any fool who wouldn’t do that would be crazy.” His instinct had always been to confront a crisis head on. When hurricanes came through and most people sought higher ground, he’d go out to his trawler and steer it into the storm.

The Reels family began to believe that there was a conspiracy against them. They watched Jet Skis crawl slowly past in the river and shiny SUVs drive down Silver Dollar Road; they suspected that people were scouting the property. Melvin said that he received phone calls from mysterious men issuing threats. “I thought people were out to get me,” he said. Gertrude remembers that, one day at the farmers’ market, a white customer sneered that she was the only thing standing in the way of development.

In 1986, Billie Dean Brown, a partner at a real-estate investment company called Adams Creek Associates, had bought Shade’s waterfront plot sight unseen to divide and sell. Brown was attracted to the strength of the Torrens title, which he knew was effectively incontrovertible. When he discovered that Melvin and Licurtis lived on the property, he wasn’t troubled. Brown was known among colleagues as Little Caesar — a small man who finished any job he started. In the early 2000s, he hired a lawyer: Claud Wheatly III. The man once tasked with protecting the Reels family’s land was now being paid to evict them from it. Melvin and Licurtis saw Wheatly’s involvement as a clear conflict of interest. Their lawyers tried to disqualify Wheatly, arguing that he was breaching confidentiality and switching sides, but the judge denied the motions.

Claud Wheatly III at his office.

Earlier this year, I met Wheatly in his office, a few blocks from the county courthouse. Tall and imposing, he has a ruddy face and a teal-blue stare. We sat under the head of a stuffed warthog, and he chewed tobacco as we spoke. He told me that he had no confidential information about the Reelses, and that he’d never represented Melvin and Licurtis; he’d represented their mother and her siblings. “Melvin won’t own one square inch until his mother dies,” he said.

In 2004, Wheatly got a court order prohibiting the brothers from going on the waterfront property. The Reels family began a series of appeals and filings asking for the decree to be set aside, but judge after judge ruled that the family had waited too long to contest the Torrens decision.

Licurtis didn’t talk about the case, and tried to hide his stress. But, Mamie told me, “you could see him wearing it.” Occasionally, she would catch a glimpse of him pacing the road early in the morning. When he first understood that he could face time in jail for remaining in his house, he tried removing the supports underneath it, thinking that he could hire someone to wrench the foundation from the mud and move it elsewhere. Gertrude wouldn’t allow him to go through with it. “You’re not going with the house nowhere,” she told him. “That’s yours.”

At 4 a.m. on a spring day in 2007, Melvin was asleep in his apartment above the club when he heard a boom, like a crash of thunder. He went to the shore and found that his trawler, named Nancy J., was sinking. Yellow plastic gloves, canned beans and wooden crab boxes floated in the water. There was a large hole in the hull, and Melvin realized that the boom had been an explosion. He filed a report with the sheriff’s office, but it never confirmed whether an explosive was used or whether it was an accident, and no charges were filed. Melvin began to wake with a start at night, pull out his flashlight, and scan the fields for intruders.

By the time of the brothers’ hearing in 2011, Melvin had lost so much weight that Licurtis joked that he could store water in the caverns by his collarbones. The family had come to accept that the dispute wasn’t going away. If the brothers had to go to jail, they would. Even after the judge in the hearing found them guilty of civil contempt, Melvin said, “I ain’t backing down.” Licurtis called home later that day. “It’ll be all right,” he told Gertrude. “We’ll be home soon.”


ONE OF THE MOST PERNICIOUS legal mechanisms used to dispossess heirs’ property owners is called a partition action. In the course of generations, heirs tend to disperse and lose any connection to the land. Speculators can buy off the interest of a single heir, and just one heir or speculator, no matter how minute his share, can force the sale of an entire plot through the courts. Andrew Kahrl, an associate professor of history and African-American studies at the University of Virginia, told me that even small financial incentives can have the effect of turning relatives against one another, and developers exploit these divisions. “You need to have some willing participation from black families — driven by the desire to profit off their land holdings,” Kahrl said. “But it does boil down to greed and abuse of power and the way in which Americans’ history of racial inequality can be used to the advantage of developers.” As the Reels family grew over time, the threat of a partition sale mounted; if one heir decided to sell, the whole property would likely go to auction at a price that none of them could pay.

When courts originally gained the authority to order a partition sale, around the time of the Civil War, the Wisconsin Supreme Court called it “an extraordinary and dangerous power” that should be used sparingly. In the past several decades, many courts have favored such sales, arguing that the value of a property in its entirety is greater than the value of it in pieces. But the sales are often speedy and poorly advertised, and tend to fetch below-market prices.

On the coast of North Carolina, I met Billy Freeman, who grew up working in the parking lot of his uncle’s beachside dance hall, Monte Carlo by the Sea. His family, which once owned thousands of acres, ran the largest black beach in the state, with juke joints and crab shacks, an amusement park and a three-story hotel. But, over the decades, developers acquired interests from other heirs, and, in 2008, one firm petitioned the court for a sale of the whole property. Freeman attempted to fight the partition for years. “I didn’t want to lose the land, but I felt like everybody else had sold,” he told me. In 2016, the beach, which covered 170 acres, was sold to the development firm for $1.4 million. On neighboring beaches, that sum could buy a tiny fraction of a parcel so large. Freeman got only $30,000.

Billy Freeman on a pier that remains in his family’s possession.

The lost property isn’t just money; it’s also identity. In one case that I examined, the mining company PCS Phosphate forced the sale of a 40-acre plot, which contained a family cemetery, against the wishes of several heirs, whose ancestors had been enslaved on the property. (A spokesperson for the company told me that it is a “law-abiding corporate citizen.”)

Some speculators use questionable tactics to acquire property. When Jessica Wiggins’ uncle called her to say that a man was trying to buy his interest in their family’s land, she didn’t believe him; he had dementia. Then, in 2015, she learned that a company called Aldonia Farms had purchased the interests of four heirs, including her uncle, and had filed a partition action. “What got me was we had no knowledge of this person,” Wiggins told me, of the man who ran Aldonia. (Jonathan S. Phillips, who now runs Aldonia Farms, told me that he wasn’t there at the time of the purchase, and that he’s confident no one would have taken advantage of the uncle’s dementia.) Wiggins was devastated; the 18 acres of woods and farmland that held her great-grandmother’s house was the place that she had felt safest as a child. The remaining heirs still owned 61% of the property, but there was little that they could do to prevent a sale. When I visited the land with Wiggins, her great-grandmother’s house had been cleared, and Aldonia Farms had erected a gate. Phillips told me, “Our intention was not to keep them out but to be good stewards of the property and keep it from being littered on and vandalized.”

Last fall, Wiggins and her relatives gathered for the auction of the property on the courthouse steps in the town of Windsor. A bronze statue of a Confederate soldier stood behind them. Wiggins’ cousin Danita Pugh walked up to Aldonia Farms’ lawyer and pulled her deed out of an envelope. “You’re telling me that they’re going to auction it off after showing you a deed?” she said. “I’m going to come out and say it. The white man takes the land from the black.”

Hundreds of partition actions are filed in North Carolina every year. Carteret County, which has a population of 70,000, has one of the highest per-capita rates in the state. I read through every Carteret partition case concerning heirs’ property from the past decade, and found that 42% of the cases involved black families, despite the fact that only 6% of Carteret’s population is black. Heirs not only regularly lose their land; they are also required to pay the legal fees of those who bring the partition cases. In 2008, Janice Dyer, a research associate at Auburn University, published a study of these actions in Macon County, Alabama. She told me that the lack of secure ownership locks black families out of the wealth in their property. “The Southeast has these amazing natural resources: timber, land, great fishing,” she said. “If somebody could snap their fingers and clear up all these titles, how much richer would the region be?”

Mansions on land once owned by Freeman’s family.

Thomas W. Mitchell, a property-law professor at Texas A&M University School of Law, has drafted legislation aimed at reforming this system, which has now passed in 14 states. He told me that heirs’ property owners, particularly those who are African-American, tend to be “land rich and cash poor,” making it difficult for them to keep the land in a sale. “They don’t have the resources to make competitive bids, and they can’t even use their heirs’ property as collateral to get a loan to participate in the bidding more effectively,” he said. His law, the Uniform Partition of Heirs Property Act, gives family members the first option to buy, sends most sales to the open market, and mandates that courts, in their decisions to order sales, weigh non-economic factors, such as the consequences of eviction and whether the property has historic value. North Carolina is one of eight states in the South that has held out against these reforms. The state also hasn’t repealed the Torrens Act. It is one of fewer than a dozen states where the law is still on the books.

Last year, Congress passed the Agricultural Improvement Act, which, among other things, allows heirs’ property owners to apply for Department of Agriculture programs using nontraditional paperwork, such as a written agreement between heirs. “The alternative documentation is really, really important as a precedent,” Lorette Picciano, the executive director of Rural Coalition, a group that advocated for the reform, told me. “The next thing we need to do is make sure this happens with FEMA, and flood insurance, and housing programs.” The bill also includes a lending program for heirs’ property owners, which will make it easier for them to clear titles and develop succession plans. But no federal funding has been allocated for these loans.


THE FIRST TIME I MET Melvin and Licurtis in the Carteret jail, Melvin filled the entire frame of the visiting-room window. He is a forceful presence, and prone to exaggeration. His hair, neatly combed, was streaked with silver. He didn’t blink as he spoke. Licurtis had been given a diagnosis of diabetes, and leaned against a stool for support. He still acted like a younger brother, never interrupting Melvin or challenging his memory. He told me that, at night, he dreamed of the shore, of storms blowing through his house. “The water rising,” Licurtis said. “And I couldn’t do nothing about it.” He was worried about his mother. “If they took this land from my mama at her age, and she’d been farming it all her life, you know that would kill her,” he told me.

The brothers were seen as local heroes for resisting the court order. “They want to break your spirits,” their niece Kim Duhon wrote to them. “God had you both picked out for this.” Even strangers wrote. “When I was a kid, it used to sadden me that white folks had Radio Island, Atlantic Beach, Sea Gate and other places to swim, but we didn’t!” one letter from a local woman read. She wrote that, when she was finally taken to Silver Dollar Road, “I remember seeing nothing but my own kind (Blk Folks!).”

In North Carolina, civil contempt is most commonly used to force defendants to pay child support. When the ruling requires a defendant to pay money other than child support, a new hearing is held every 90 days. After the first 90 days had passed, Melvin asked a friend in jail to write a letter on his behalf. (Melvin couldn’t read well, and he needed help writing.) “I’ve spent 91 days on a 90 day sentence and I don’t understand why,” the letter read. “Please explain this to me! So I can go home, back to work. Sincerely, Melvin Davis.” The brothers learned that although Billie Dean Brown’s lawyer had asked for 90 days, the court had decided that there would be no time restriction on their case, and that they could be jailed until they presented evidence that they had removed their homes. They continued to hold out. Brown wasn’t demolishing their buildings while they were incarcerated, and so they believed that they still had a shot at convincing the courts that the land was theirs. That fall, Brown told the Charlotte Observer, “I made up my mind, I will die and burn in hell before I walk away from this thing.” When I reached Brown recently, he told me that he was in an impossible position. “We’ve had several offers from buyers, but once they learned of the situation they withdrew,” he said.

A house that Melvin built, now wrecked, near the waterfront.

Three months turned into six, and a year turned into several. Jail began to take a toll on the brothers. The facility was designed for short stays, with no time outside, and nowhere to exercise. They couldn’t be transferred to a prison, because they hadn’t been convicted of a crime. Early on, Melvin mediated fights between inmates and persuaded them to sneak in hair ties for him. But over time he stopped taking care of his appearance and became withdrawn. He ranted about the stolen land, though he couldn’t quite nail down who the enemy was: Shade or Wheatly or Brown, the sheriffs or the courts or the county. The brothers slept head to head in neighboring beds. “Melvin would say crazy things,” Licurtis told me. “Lay on down and go to sleep, wake up, and say the same thing again. It wore me down.” Melvin is proud and guarded, but he told me that the case had broken him. “I’m not ashamed to own it,” he said. “This has messed my mind up.”

Without the brothers, Silver Dollar Road lost its pulse. Mamie kept her blinds down; she couldn’t stand to see the deserted waterfront. At night, she studied her brothers’ case, thumbing through the court files and printing out the definitions of words that she didn’t understand, like “rescind” and “contempt.” She filled a binder with relatives’ obituaries, so that once her brothers got out they would have a record of who had passed away. When Claud Wheatly’s father died, she added his obituary. “I kept him for history,” she told me.

Gertrude didn’t have the spirit to farm. Most days, she sat in a tangerine armchair by her window, cracking peanuts or watching the shore like a guard. This winter, we looked out in silence as Brown’s caretaker drove through the property. Melvin and Licurtis wouldn’t allow Gertrude to visit them in jail. Licurtis said that “it hurt so bad” to see her leave.

Other members of the family — Melvin and Licurtis’ brother Billy, their nephew Roderick and their cousin Shawn — kept trying to shrimp, but the river suddenly seemed barren. “It might sound crazy, but it was like the good Lord put a curse on this little creek, where ain’t nobody gonna catch no shrimp until they’re released,” Roderick told me. Billy added, “It didn’t feel right no more with Melvin and them not there, because we all looked out for one another. Some mornings, you didn’t even want to go.”

Debris on the beach.

Sheriff’s deputies came to the property a few times a week, and they wouldn’t allow the men to dock their boats on the pier. One by one, the men lost hope and sold their trawlers. Shawn took a job at Best Buy, cleaning the store for $11.50 an hour, and eventually moved to Newport, 30 miles southwest, where it was easier to make rent. Billy got paid to fix roofs but soon defaulted on the mortgage for his house on Silver Dollar Road. “One day you good, and the next day you can’t believe it,” he told me.

Roderick kept being charged with trespassing, for walking on the waterfront, and he was racking up thousands of dollars in legal fees. He’d recently renovated his boat — putting in an aluminum gas tank, large spotlights and West Marine speakers — but, without a place to dock, he saw no way to hold on to it. He found work cutting grass and posted his boat on Craigslist. A white man responded. They met at the shore, and, as the man paid, Roderick began to cry. He walked up Silver Dollar Road with his back to the river. He told me, “I just didn’t want to see my boat leave.”


THE REELS BROTHERS were locked in a hopeless clash with the law. One judge who heard their case likened them to the Black Knight in “Monty Python and the Holy Grail,” who attempts to guard his forest against King Arthur. “Even after King Arthur has cut off both of the Black Knight’s arms and legs, he still insists that he will continue to fight and that no one may pass — although he cannot do anything,” the judge wrote, in an appeals-court dissent.

In February, nearly eight years after Melvin and Licurtis went to jail, they stood before a judge in Carteret to request their release. They were now 72 and 61, but they remained defiant. Licurtis said that he would go back on the property “just as soon as I walk out of here.” Melvin said, “I believe that land is mine.” They had hired a new lawyer, who argued that it would cost almost $50,000 to tear down the brothers’ homes. Melvin had less than $4,000 in the bank; Licurtis had nothing. The judge announced that he was releasing them. He warned them, however, that if they returned to their homes they’d “be right back in jail.” He told them, “The jailhouse keys are in your pockets.”

Melvin, left, and Licurtis, on his mother’s porch, with his former house behind him.

An hour later, the brothers emerged from the sheriff’s department. Melvin surveyed the parking lot, which was crowded with friends and relatives. “About time!” he said, laughing and exchanging hugs. “You stuck with me.” When he spotted Little Melvin, who was now 39, he extended his arm for a handshake. Little Melvin pulled it closer and buried his face in his father’s shoulder, sobbing.

When Licurtis came out, he folded over, as if his breath had been pulled out of him. Mamie wrapped her arms around his neck, led him to her car, and drove him home. When they reached Silver Dollar Road, she honked the horn all the way down the street. “Back on Silver Dollar Road,” Licurtis said, pines flickering by his window. “Mm-mm-mm-mm-mm.”

Melvin spent his first afternoon shopping for silk shirts and brown leather shoes and a cell phone that talked to him. Old acquaintances stopped him — a man who thanked him for his advice about hauling dirt, a DJ who used to spin at Fantasy Island. While in jail, Melvin had been keeping up with his girlfriends, and 11 women called looking for him.

Melvin told me that he’d held on for his family, and for himself, too. But away from the others his weariness showed. He acknowledged that he was worried about what would happen, his voice almost a whisper. “They can’t keep on doing this. There’s got to be an ending somewhere,” he said.

A few days later, Gertrude threw her sons a party, and generations of relatives came. The family squeezed together on her armchairs, eating chili and biscuits and lemon pie. Mamie gave a speech. “We gotta get this water back,” she said, stretching her arms wide. “We gotta unite. A chain’s only as strong as the links in it.” The room answered, “That’s right.” The brothers, who were staying with their mother, kept saying, “Once we get this land stuff sorted out . . .” Relatives who had left talked about coming back, buying boats and go-karts for their kids. It was less a plan than a fantasy — an illusion that their sense of justice could overturn the decision of the law.

Pine trees by the shore.

The brothers hadn’t stepped onto the waterfront since they’d been back. The tract was 100 feet away but out of reach. Fantasy Island was a shell, the plot around it overgrown. Still, Melvin seemed convinced that he would restore it. “Put me some palm trees in the sand and build some picnic tables,” he said.

After the party wound down, I sat with Licurtis on his mother’s porch as he gazed at his house, which was moldy and gutted, its frame just visible in the purple dusk. He reminisced about the house’s wood-burning heater, the radio that he’d always left playing. He said that he planned to build a second story and raise the house to protect it from floods. He wanted a wraparound deck and big windows. “I’ll pour them walls solid all the way around,” he said. “We’ll bloom again. Ain’t going to be long.”


Worried about protecting heirs’ property owners? We made a list of ways that families can protect themselves and describe legislative reforms that experts have proposed.

This story is not subject to our Creative Commons license.

Lizzie Presser covers health and healthcare policy at ProPublica. She previously worked as a contributing writer for The California Sunday Magazine, where she wrote about labor, immigration, and how social policy is experienced.

Design and production by Jillian Kumagai and Agnes Chang.

How to Close Heirs’ Property Loopholes — ProPublica

 

How to Close Heirs’ Property Loopholes

What to consider to avoid losing land that has been passed down through generations without a will and is shared among heirs.

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

The Reels brothers grew up on waterfront land that their great-grandfather bought one generation after slavery. Their family has lived there for more than a century. But because it was passed down without a will, it became heirs’ property, a form of ownership in which descendants inherit an interest, like holding stock in a company. Without a clear title, these landowners are vulnerable to laws that allow speculators and developers to acquire their property. One attorney called heirs’ property “the worst problem you never heard of.” The U.S. Department of Agriculture has recognized it as “the leading cause of Black involuntary land loss.”

Read about the Reels brothers and the risks of heirs’ property.


What can heirs’ property owners do to protect their land?

  • Plan for the future. Write a will or prepare a transfer on death deed to help pass a clear title to the next generation.

  • Pay your property taxes. Visit your tax assessor’s office and make sure that your taxes are paid and that the address of the person responsible for coordinating bills is up to date.

  • Write a family tree. Find out the names on the deed for your land and lay out each generation of heirs that has followed. You can use legal documents from the county, like birth certificates and marriage licenses, as well as family letters, obituaries, information from genealogy websites and records from family reunions.

  • Create a paper trail to prove your ownership. If you inherited your property without a will or formal estate proceedings, many states allow for an affidavit of heirship to be filed in the property records to establish your ownership. The rules of when and how an affidavit can be filed vary by state.

  • Consolidate the ownership. Consider asking other heirs if they would be willing to transfer their interest in the property to those with the closest ties to the land. In many states, this can be done through a gift deed.

  • Manage the co-ownership. Talk to a lawyer you trust about your options, like creating a family LLC or land trust.

  • Track your expenses. If you pay for expenses on the property, like improvements to the homes or taxes, keep track of them. If a partition sale is started, you may be able to receive a larger share of the proceeds.

The Reels brothers grew up on waterfront land that was passed down without a will. (Wayne Lawrence, special to ProPublica)

What laws affect heirs’ property owners?

Fourteen states have passed the Uniform Partition of Heirs Property Act, which expands heirs’ rights in partition actions and can help heirs’ property owners gain access to Department of Agriculture programs. States where this has not passed include North Carolina, Mississippi, Florida, Louisiana and Tennessee.

The 2018 Farm Bill created a lending program that, if funded by Congress, would support local organizations providing legal assistance to heirs’ property owners.

About half of the states have Transfer on Death Deed statutes, which allow families to file a simple deed that automatically transfers title to real property upon the owner’s death, without having to go through probate court. The Uniform Real Property Transfer on Death Act has been presented as a model for how such statutes can be written.

What do advocates see as the next steps in helping heirs’ property owners?

Advocates have supported a number of possible legislative initiatives, including:

  • Funding to support an increase in the number of legal aid lawyers who help families clear title and make estate plans, and to support local legal education on maintaining clear title.

  • Legislation that creates an easier route for heirs’ property owners to access FEMA and home repair programs by allowing for heirship affidavits, a simpler, less costly process than clearing a title through the courts.

  • Legislation that creates alternatives to the formal administration of estates when a homeowner dies without a will.

  • Legislation that allows heirs’ property owners to access exemptions from property taxes that are available to other homeowners.

Source: How to Close Heirs’ Property Loopholes — ProPublica

How Wealthy Towns Keep People With Housing Vouchers Out — ProPublica

This article was produced in partnership with The Connecticut Mirror, which is a member of the ProPublica Local Reporting Network.

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

HARTFORD, Conn. — On a sweltering Saturday afternoon last June, Crystal Carter took a deep breath as she walked toward the red “for rent” sign.

Shaded by tall oak trees, the three-story duplex looked cozy. The first floor siding was painted yellow, with white railings leading to the front door. The windows appeared new, the lawn freshly cut.

Although the property was in Barry Square, on the edge of a struggling area in southern Hartford, the family outside buoyed Carter’s spirits. Four children giggled in a recliner in the front yard, singing along to the radio while their father packed a moving truck. Across the street were Trinity College’s dignified brick pillars, the entry to the elite school’s 100-acre campus.

Carter tried to tamp down her excitement, but this looked like the kind of place the 48-year-old single mother so desperately wanted for her five kids: no mouse traps, no chipped paint trying to camouflage mold.

He put down a crate and offered her a tour of the first-floor, four-bedroom unit. Inside, she marveled at the modern kitchen, finished hardwood floors and large closets.

“This is a lot of space. When are you putting this on the market?” she asked.

“It’s ready, if you want to do the application,” he told her. Rent was $1,500 a month.

Carter paused.

“I’ll be paying with a Section 8 voucher,” she said.

“Yeah,” the man shot back. “I don’t do Section 8.”

Officially called Housing Choice Vouchers, Section 8 rent subsidies were supposed to help low-income people find decent housing outside poor communities. But, for the better part of a year, Carter had found the opposite. This was easily the 50th place she had toured since her landlord sold her last apartment and evicted her. Nearly all of them were in poor areas. They had holes in the wall, uncovered electrical outlets, even roaches and mice. When she hit upon something clean, she learned not to ask too many questions. She complimented the landlord, talked about her children and emphasized that she didn’t smoke. None of it seemed to matter, though, once she uttered two words: Section 8.

Now, as Carter showed herself out of the first-floor rental, she felt panic welling within. “There really are no doors open for people that have a voucher,” she said afterward. “It makes you feel ashamed to even have one.” Typically, vouchers come with a time limit to find housing, and Carter had already won three extensions. She wasn’t sure she’d get another.

She had just 40 days left to find a place to live.

As the federal government retreated from building new public housing in the 1970s, it envisioned Section 8 vouchers as a more efficient way of subsidizing housing for the poor in the private market. They now constitute the largest rental assistance program in the country, providing almost $23 billion in aid each year to 2.2 million households. Local housing authorities administer the program with an annual budget from Washington and are given wide latitude on how many vouchers they hand out and how much each is worth. The bulk of the vouchers are reserved for families who make 30% or less of an area’s median income. That is $30,300 or less for a family of four in Hartford.

For years, researchers and policymakers have lamented the program’s failure to achieve one of its key goals: giving families a chance at living in safer communities with better schools. Low-income people across the country struggle to use their vouchers outside of high-poverty neighborhoods.

In Connecticut, the problem is especially acute. An analysis of federal voucher data by The Connecticut Mirror and ProPublica found that 55% of the state’s nearly 35,000 voucher holders live in neighborhoods with concentrated poverty. That’s higher than the national average of 49% and the rates in 43 other states.

The segregation results, at least in part, from exclusionary zoning requirements that local officials have long used to block or limit affordable housing in prosperous areas. As the Mirror and ProPublica reported in November, state authorities have done little to challenge those practices, instead steering taxpayer money to build more subsidized developments in struggling communities.

Dozens of voucher holders in Connecticut say this concentration has left them with few housing options. Local housing authorities often provide a blue booklet of Section 8-friendly properties, but many of the ones listed are complexes that have a reputation for being rundown and are in struggling communities or have long waitlists. Many recipients call it the “Black Book” because “you are going to the dark side, for real. The apartments in that black book are nasty and disgusting,” said Janieka Lewis, a Hartford resident whose home is infested with mice.

Josh Serrano also lives in one of the state’s poorest neighborhoods. After landing a voucher in 2018, he tried to find a place in the middle-class town of West Hartford, where his son lives part time with his mother. He also looked in nearby Manchester and Simsbury. At each stop, the rent was higher than his voucher’s value or the landlord wouldn’t take a voucher.

“There is an invisible wall surrounding Hartford for those of us who are poor and particularly have black or brown skin like myself,” he said. “No community wanted me and my son.”

Nearly 80% of the state’s voucher holders are black or Hispanic and half have children. Their average income is $17,200 a year and the average amount they pay in rent out of pocket is $413 a month.

The federal government has taken a mostly hands-off approach to ensuring the Section 8 program is working as it was originally intended. The U.S. Department of Housing and Urban Development typically leaves it up to each housing authority to determine how much a voucher is worth, which essentially determines the type of neighborhood a voucher holder can afford. And when HUD assesses the work of housing authorities — to decide whether to increase federal oversight — only a tiny fraction is based on whether local officials are “expanding housing opportunities … outside areas of poverty or minority concentration.” (And even at that, nearly all housing authorities receive full credit.)

Moreover, federal law does not make it illegal for a landlord to turn down a prospective tenant if they plan to pay with a voucher, so HUD does not investigate complaints of landlords who won’t accept Section 8 vouchers.

Connecticut goes further. It is one of 14 states where it’s illegal to deny someone housing because they plan to use a Section 8 voucher. And the state allocated more than $820,000 in the last fiscal year to help pay for 10 investigators to look into complaints of all types of housing discrimination and provide legal assistance. “There has been an effort to try to change” housing segregation, said Seila Mosquera-Bruno, the commissioner of the Connecticut Department of Housing.

But those efforts have done little to prevent landlords from continuing to reject voucher holders. The groups charged with investigating housing complaints say they lack the resources to be proactive and believe they are only seeing a fraction of what’s really going on.

“Housing providers keep coming up with ways to rent to who they want to rent and find ways around housing discrimination laws,” said Erin Kemple, executive director of the Connecticut Fair Housing Center, which investigates complaints. “There is a lot more discrimination going on than what we are investigating.”

In 2018, fewer than 75 complaints were made that accused the landlord or owner of refusing to accept a voucher or some other legal source of income, such as Social Security. The Connecticut Fair Housing Center said that figure isn’t low because discrimination is scarce but rather because prospective tenants are fearful that complaining could hurt them and know that it will do nothing to help them with their immediate needs; investigations can take longer than the time they have to find a house with their vouchers.

“In order to make it a real priority and address the real effects of discrimination in society, the government should dedicate more resources to ferreting it out,” said Greg Kirschner, the group’s legal director.


A Hartford native, Carter reluctantly moved back to her hometown in 2011 to escape an abusive relationship. She had delayed relocating, she said, because she worried she’d be taking her children from a quiet neighborhood in Florida to a “war zone” in Connecticut.

“They not from the streets. Their heart is trying to be goofy-cool,” she said of her three sons, now 10, 17 and 18, and two daughters, ages 13 and 14. “They don’t have that fight in them. I do.” (Worried about her children’s privacy, Carter asked that they not be named in this story.)

More: Source: How Wealthy Towns Keep People With Housing Vouchers Out — ProPublica

What my mother’s death taught me about money as an African American – Business Insider

My mother purchased her home on the south side of Chicago for $55,000 in 1986, the equivalent of $123,000 today.When she died without a will, court fees and fines left our family with just $40,500 — a loss of over $80,000 on the purchase price of her house.I realized that, because of our history, many African Americans haven’t learned how to transfer wealth generationally by making an estate plan.So, after my mother’s death, my husband and I drafted an estate plan, which we review annually around my mother’s birthday.

  • My mother purchased her home on the south side of Chicago for $55,000 in 1986, the equivalent of $123,000 today.
  • When she died without a will, court fees and fines left our family with just $40,500 — a loss of over $80,000 on the purchase price of her house.
  • I realized that, because of our history, many African Americans haven’t learned how to transfer wealth generationally by making an estate plan.
  • So, after my mother’s death, my husband and I drafted an estate plan, which we review annually around my mother’s birthday.

Full Article and Source: What my mother’s death taught me about money as an African American – Business Insider

Undercover investigation reveals evidence of unequal treatment by Long Island real estate agents II Newsday Discrimination Testing

We sent white, black, Hispanic and Asian testers undercover to see if they would be treated equally by LI real estate agents. Many were not.

In one of the most concentrated investigations of discrimination by real estate agents in the half century since enactment of America’s landmark fair housing law, Newsday found evidence of widespread separate and unequal treatment of minority potential homebuyers and minority communities on Long Island.

The three-year probe strongly indicates that house hunting in one of the nation’s most segregated suburbs poses substantial risks of discrimination, with black buyers chancing disadvantages almost half the time they enlist brokers.

Additionally, the investigation reveals that Long Island’s dominant residential brokering firms help solidify racial separations. They frequently directed white customers toward areas with the highest white representations and minority buyers to more integrated neighborhoods.

They also avoided business in communities with overwhelmingly minority populations.

From the editor

The findings are the product of a paired-testing effort comparable on a local scale to once-a-decade testing performed by the federal government in measuring the extent of racial discrimination in housing nationwide.

Regularly endorsed by federal and state courts, paired testing is recognized as the sole viable method for detecting violations of fair housing laws by agents.

Two undercover testers – for example, one black and one white – separately solicit an agent’s assistance in buying houses. They present similar financial profiles and request identical terms for houses in the same areas. The agent’s actions are then reviewed for evidence that the agent provided disparate service.

Newsday conducted 86 matching tests in areas stretching from the New York City line to the Hamptons and from Long Island Sound to the South Shore. Thirty-nine of the tests paired black and white testers, 31 matched Hispanic and white testers and 16 linked Asian and white testers.

Newsday confirmed that agents had houses to sell when meeting with testers based on analyses provided by Zillow, the online home search site. Zillow draws an inventory of available homes daily from the Multiple Listing Service of Long Island, the computerized system used by agents to select possible houses for buyers. MLSLI said that it does not maintain its own database of past daily inventories, as Zillow does, and so could not provide the same type of tallies. As permitted by law, all tests were recorded on hidden cameras to ensure accuracy in describing interactions between agents and customers.

Source: Undercover investigation reveals evidence of unequal treatment by Long Island real estate agents

Against Black Homeownership | Boston Review II KEEANGA-YAMAHTTA TAYLOR

RACE

Against Black Homeownership

The real estate market is so structured by race that black families will never come out ahead.

KEEANGA-YAMAHTTA TAYLOR

Image: Flickr

In January 1973, George Romney, Nixon’s enigmatic Secretary of Housing and Urban Development, administered an open-ended moratorium on its 1968 initiatives to open up single-family homeownership to low-income borrowers by providing government-backed mortgages. The experiment to make homeownership accessible to everyone ended abruptly with massive foreclosures and abandoned houses, but the questions ignited by these policies persisted. Some analysts insisted that the failure of HUD’s homeownership programs was proof positive that poor people were ill equipped for the responsibilities of homeownership. African Americans experience homeownership in ways that rarely produce the financial benefits typically enjoyed by middle-class white Americans.And they insisted that it more specifically implicated low-income African Americans as “incapable” homeowners. Others pointed to HUD’s obvious mismanagement of these programs as the real culprit in their demise, and, importantly, how the programs gave an industry already known for its racial bias new opportunities to exploit low-income African-Americans. But the lessons from HUD’s experiment were muddled by other economic sensibilities, including the commitment to private property and the centrality of homeownership to the American economy.

Today, homeownership, even for low-income and poor people, is reflexively advised as a way to emerge from poverty, develop assets, and build wealth more generally. The historic levels of wealth inequality that continue to distinguish African Americans from whites are powerful reminders of how the exclusion of Blacks from this asset has generationally impaired Black families in comparison with their white peers. Owning a home as a way to build wealth is touted as an advantage over public or government-sponsored housing. It grounds the assumption that it is better to own than rent. And the greatest assumption of all is that homeownership is the superior way to live in the United States. This, of course, is tied to another indelible truth that homeownership is a central cog in the U.S. economy. Its pivotal role as an economic barometer and motor means that there are endless attempts to make it more accessible to ever-wider groups of people. While these are certainly statements of fact, they should not be confused as statements on the advisability of suturing economic well-being to a privately owned asset in a society where the value of that asset will be weighed by the race or ethnicity of whoever possesses it.

The assumption that a mere reversal of exclusion to inclusion would upend decades of institutional discrimination underestimated the investments in the economy organized around race and property. The concept of race and especially racial inferiority helped to establish the “economic floor” in the housing market. One’s proximity to African Americans individually, as well as to their communities, helped to determine the value of one’s property. This revealed another reality. Markets, as in the means by which the exchange of commodities is facilitated, do not exist in vacuums, nor do abstract notions of “supply and demand” dictate their function. Markets are conceived and constituted by desire, imagination, and social aspirations, among other malleable factors. This does not mean that markets are not real, but that they are not shaped by need alone. They are shaped by political, social, economic, and in the case of housing, racial concerns. And in the United States, these market conditions were shaped and stoked by economic actors that stood to gain by curtailing access to one portion of the market while then flooding another with credit, capital, and indiscriminate access to distressed and substandard homes.

HUD’s crisis in its homeownership programs in the 1970s reveal deeper and more systemic problems with the pursuit of homeownership as a way to improve the quality of one’s life. It is undeniable that homeownership in the United States has been “one of the important ways in which Americans have traditionally acquired financial capital” and that the “tax advantages, the accumulation of equity, and the increased value of real estate property enable homeowners to build economic assets. . . . These assets can be used to educate one’s children, to take advantage of business opportunities, to meet financial emergencies, and to provide for retirement.” Investment in homeownership, and its role in the process of the personal accumulation of capital, has been fundamental to the good life in the United States.

Full Article and Source: Against Black Homeownership | Boston Review

Race for Profit: How Banks and the Real Estate Industry Undermined Black Homeownership : Keeanga-Yamahtta Taylor

Recommended Reading: Keeanga-Yamahtta Taylor

(Justice, Power, and Politics reading)

By the late 1960s and early 1970s, reeling from a wave of urban uprisings, politicians finally worked to end the practice of redlining. Reasoning that the turbulence could be calmed by turning Black city-dwellers into homeowners, they passed the Housing and Urban Development Act of 1968, and set about establishing policies to induce mortgage lenders and the real estate industry to treat Black homebuyers equally. The disaster that ensued revealed that racist exclusion had not been eradicated, but rather transmuted into a new phenomenon of predatory inclusion.

Race for Profit uncovers how exploitative real estate practices continued well after housing discrimination was banned. The same racist structures and individuals remained intact after redlining’s end, and close relationships between regulators and the industry created incentives to ignore improprieties. Meanwhile, new policies meant to encourage low-income homeownership created new methods to exploit Black homeowners. The federal government guaranteed urban mortgages in an attempt to overcome resistance to lending to Black buyers – as if unprofitability, rather than racism, was the cause of housing segregation. Bankers, investors, and real estate agents took advantage of the perverse incentives, targeting the Black women most likely to fail to keep up their home payments and slip into foreclosure, multiplying their profits. As a result, by the end of the 1970s, the nation’s first programs to encourage Black homeownership ended with tens of thousands of foreclosures in Black communities across the country. The push to uplift Black homeownership had descended into a goldmine for realtors and mortgage lenders, and a ready-made cudgel for the champions of deregulation to wield against government intervention of any kind.

Narrating the story of a sea-change in housing policy and its dire impact on African Americans, Race for Profit reveals how the urban core was transformed into a new frontier of cynical extraction.

ABOUT Keeanga-Yamahtta Taylor @KeeangaYamahtta

Keeanga-Yamahtta Taylor is Assistant Professor of African American Studies at Princeton University. Taylor’s writing and scholarship engage issues of contemporary Black politics, the history of Black social movements and Black radicalism, and issues concerning public policy, race and racial inequality. Taylor’s writing has been published in New York Times, The Guardian, Los Angeles Times, Boston Review, The Paris Review, The New Republic, Al Jazeera America, Jacobin, In These Times, New Politics, Souls: A Critical Journal of Black Politics, Culture and Society, and beyond. Taylor is also author of the award-winning From #BlackLivesMatter to Black Liberation published by Haymarket Books in 2016. She is also author of How We Get Free: Black Feminism and the Combahee River Collective which won the 2018 Lambda Literary Award for LGBTQ Nonfiction. Taylor’s forthcoming book with the University of North Carolina Press, titled Race For Profit: How Banks and the Real Estate Industry Undermined Black Homeownership will be published in October of 2019.

Taylor received her PhD in African American Studies at Northwestern University in 2013.

Establish a Public Credit Registry | Demos

 

 

“Credit reports and scores directly impact Americans’ economic security and opportunity. Credit history can affect the way Americans are treated by lenders, landlords, utility companies, hospitals and employers. Having a poor credit history or a “thin file” with insufficient credit information to generate a credit score can mean a consumer will end up paying more for loans and insurance (or have trouble even getting them in the first place). Misuses of credit history are prevalent and harmful: Job seekers can be denied work based on their credit history, and the Trump administration has even proposed using credit history to determine whether immigrants should be eligible for permanent residency. Most harmfully, our credit system is built on—and continues to reinforce and expand—deep racial inequities.  Generations of discrimination in employment, lending, education and housing have produced significant racial disparities in credit history. Past discrimination is baked into current determinations of creditworthiness: Credit scores and other lending algorithms disproportionately represent black and Latino loan applicants as “riskier” customers. As a result, decisions drawing on credit data reproduce and spread existing racial inequality, making it harder to achieve true economic equity.”

Source: Establish a Public Credit Registry | Demos

How Redlining Continues to Hold Back Black Americans

To understand racism in America, one must first disabuse themselves of the idea that race is a social construct—an idea that has been created and accepted by the people in a society.

Source: How Redlining Continues to Hold Back Black Americans

Ten Solutions to Bridge the Racial Wealth Divide – Inequality.org

The deep and persistent racial wealth divide will not close without bold, structural reform.  It has been created and held in place by public policies that have evolved with time including slavery, Jim Crow, red lining, mass incarceration, among many others. The racial wealth divide is greater today than it was nearly four decades ago and trends point to its continued widening.

Source: Ten Solutions to Bridge the Racial Wealth Divide – Inequality.org

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