In 2002 Leeds – then the Tykes – finished rock bottom of the Premiership. But they were not relegated as Rotherham, who topped the division below, didn’t have the requisite facilities for England’s top flight. The very next season Leeds finished fifth; they went from 12th to a Heineken Cup place.“We really had nothing to lose,” explains Dan Scarbrough, who played full-back both seasons. “The first year everyone was getting used to (the Premiership) and we had a good crack at it, but sadly we didn’t quite make it. But we’d stayed up by default. We felt like we deserved to stay up.“We were given that sort of grace period of another year and it left us as underdogs.On a roll: Dan Scarbrough scores against Leicester in 2002 (Getty Images)“That first game of the season we beat Leicester (26-13). And being the underdogs probably puts you in a position where you are willing to take more risks and be willing to have a go. If it didn’t work out then people would expect it and if we did stay up, fantastic.”Damian Hughes believes that the 2002-03 Leeds Tykes outfit perfectly demonstrates the effect of using failure as feedback. Going on to what changed the following year, Scarbrough adds: “We’d been there, we’d tried it and we’d failed, so clearly there was more focus on ‘how do we keep going for the whole season rather than BANG and just fizzle out?’“There was probably more rotation in positions where we could rotate. Training did change. Training was still incredibly hard, but we did learn lessons. Like how to win a game. People talk about how games are won and lost in the last ten minutes and that was a big focus as well.“We were probably quite an inexperienced group. In that second year, Braam van Straaten probably gave us an edge we didn’t have before by slotting over 60m winners. We had a slightly different game plan we could look at.“I remember asking him after one win about how he kept his focus and he just said, ‘I know I won’t miss. That’s my 16th game I’ve had 16 match-winning kicks and I’ve hit them all.’ In his mind he couldn’t miss.Related: Fear and anxiety in rugby“We had a mix of lads who were gonna get the head down and crack on. We had a lot of team players who would put their body on the line, they’d been flogged for years by Phil Davies and they would do anything for the club. And then you bring in that little bit of experience.“We went against good teams and knew we could beat them. And that was more so in the second year, it wasn’t so much of a surprise.”Getting more cracks at Jonny Wilkinson and Jason Robinson could only help. If handled the right way, then opportunities to keep climbing back on the horse may help. Look at Shota Horie.Big character: Shota Horie of Japan (Getty Images)Alongside skipper Michael Leitch, the Japan hooker was part of the 2011 Rugby World Cup squad that lost every game. In the build-up to the 2015 World Cup, he went and plied his trade in a tougher field, leaving Japan to play NPC with Otago before joining the Melbourne Rebels in Super Rugby.In 2015 he helped the Brave Blossoms shock the world, beating South Africa 34-32. And although Japan missed out on getting beyond the pool stages for the first time ever, at the next World Cup Horie played a starring role as Japan created history to make the knockouts.What a loser, eh?Scarbrough, who works at Bradford Grammar now, believes learning what setbacks are, early, can help developing athletes. It is a sentiment shared by Jamie Taylor, who was an academy head coach at Leicester Tigers and now works as a senior performance pathway scientist for the English Institute of Sport.In our special report Too Much, Too Soon, he explained of recent findings that “what is widespread is those who have it too easy falling away” and that it’s a disaster if any kids cruise through school as a rugby rockstar, because the first loss, first shock in training or first proper hurdle could blow their world apart.The value of experienceWhat may be ignored here though, is the value of those who have known losses through several stages of their careers. Because they cannot be defined by purely that aspect of their working history.In the mix: Leonardo Ghiraldini against Ireland, 2019 (Getty Images)Italy hooker Leonardo Ghiraldini won less than 20% of his Test matches, losing 84 of 104. And yet he has enjoyed a long and varied career in Italy, England and France. As he explains to Rugby World of his mindset: “I always want to win, in every game, in every workout, in every training session. But if you are good at understanding how and why you made a mistake, you come out much stronger from the difficult times.“Every day I work to become a better athlete in all aspects but the tough moments can be a spring that makes you grow even more. The winning attitude is very important.”Then there is Tom May, who lost 141 Premiership matches between 1999 and 2015 but has enjoyed an exciting career that flew from Newcastle to Toulon, to Northampton and lastly London Welsh.Asked if he thinks the greater sporting world undervalues the experience of tough times, he responds: “Yes, because the immediate reaction is probably the reaction you got from me initially – everyone plays the sport to win. So when you do lose you ultimately look at that as a failure. Actually when you step back from that or when you become a bit older and a bit more experienced, you understand a lot more about what you’re learning.”Look further down the list of Premiership players with a lot of losses and some names jump out. Phil Dowson has 124 losses. He is now an assistant coach at Northampton Saints. Stuart Hooper has 117, he is the director of rugby at Bath. Micky Ward has 112 losses and he’s the forwards coach at Falcons.Talking about these former players, May goes on: “There are so many examples of what these guys can offer players from what they’ve experienced. Because everyone experiences the highs of winning at some point, and in some fashion. But do that many people experience the tough times that really steel you for not only life as a professional sportsman, but also for what comes when you leave the game?Playmaker: Tom May attacks Saracens with Newcastle (Getty Images)“The lessons I learnt from Newcastle made me the player that I was. We flirted with relegation a couple of times. At the time we were pretty young so we didn’t really think too much about the negative side. And there was a negative side clearly.“But Philippe Saint-Andre tried to sign me for Sale before going to Toulon. So I guess he spotted something and if you look at people that he signed when we went to Toulon, it was a load of people that just grafted. Yeah, there were some big names like Sonny Bill Williams but the guys that he took, he knew that they had a good training ethic.“When things don’t come easy as a professional sportsman you have to evolve. You either just chuck hands up in the air and go, ‘We lost, we can’t do anything about it,’ or you knuckle down and you find a way to solve it.“That’s made me much more of a solutions person as opposed to someone that says ‘Oh, I can’t deal with it.’ I’m trying that now. I’m much more of a person that will say yes to something and then find a way to do it.”When taking over a new gig, Hughes recommends coaches conduct a ‘pre-mortem’, where you identify as many of the possible horrible moments that could lie ahead, so you and the board are ready for fight time.Yet for many of the veteran players, it was a case of adapting on the hoof and reflecting later in life. What is best practice today could well nestle in the vast grey areas.For the rest of us, it’s about appreciating that there can be intrinsic value in playing through those horrible defeats. Because the moments to savour are so hard earned. (iStock, edited by Rugby World) The Art of Losing In RugbyLosing sucks.We all know that feeling in the pit of your stomach – the misery of realised dread – when the final result betrays you. For the competitive spirit, it’s hell.And yet, in a world where only one real winner’s medal is handed out each season in each competition, the minor and major losses can queue up. Indeed, throughout a career, every elite athlete can catalogue all manner of defeat.It does not magically become a sanguine sensation because of familiarity, though. Maybe there is an art to losing? Not in perfecting the blunder but in harnessing the lessons available once the loss has wrung you out. Take a step further and those who are no stranger to a setback may offer an awful lot more than you would first suspect.Understanding the process“The term ‘failure’ leads us into a bit of a binary world of black or white; you succeed or you fail and you miss the nuance,” says Damian Hughes, who has specialised in organisational development within elite sport and who has worked extensively with the Scotland national team. “Maybe we should be somewhere in the middle. That term ‘failure’, there’s no subtlety to it. It sounds like a bit of an American motivational speaker phrase, but there’s some credibility in the idea that failure should be viewed as feedback.”Hughes laughs that you fall into the reality TV speak of X Factor when you talk about going on a journey, but he believes that creating a successful environment means having the room to change behaviours based on your experiences.He gives the example from his time in rugby league, with England at the 2008 World Cup in Australia. Having lost in the semi-finals, the coaching group discovered how ruthless they needed to be, which selections could work best, the time demands needed for big competitions. But with a subsequent coaching shake-up, all that knowledge “went out the building”.Hughes explains that any journey to the top has five stages.The first is the ‘dream’ stage, where a new boss comes in, there’s a big press conference and rhetoric flies about your thrilling future. Stage two is the ‘leap’ stage. This is where you ask people to change how they do things. It is at this point teams often get the early bounce with a new coach in charge, it is explained.Big defeat: Scotland after losing to Japan at Rugby World Cup 2019 (Getty Images)Then comes the ‘fight’ stage. This, Hughes says, is where issues come in for the first time in the regime. Losses. Disagreements. Player disillusionment. Fan unrest. Board pressure.Hughes says that more often than not in sport, this is when the coach is sacked and we all tootle off back to phase one. Teams can spend decades just cycling through the first three stages, he adds.Hughes goes on: “However, if you view it as feedback, some of those things at the ‘fight’ stage might be cultural, as part of the club and problems any coaches are going to face, so getting through that means you get to the ‘progress’ stage.“When you get through the difficult bits and start to see the seeds of change, that’s going to move you forwards. And then the last stage is you get to the ‘arrival’ stage where you do start to record successes. And then the idea is you go through a regeneration, where you start the process again.Related: The long road to recovery from long-term injury“The frustrating thing is if we only view failure as terminal. When somebody starts to fail in that fight stage – and they will hit it – that’s when you sack them and bring somebody in to excite you again. Nobody ever learns from that.”The interesting paradox at the heart of this cycle could be that you want athletes who are fired up and passionate, willing to fight for what they care about, but they may need to be won over when times are tough. Hughes cautions that coaches should be judicious when they approach an athlete to discuss failures but the prime example he can find is when you ask boxers if they have a plan should they hit the canvas.Those who have contemplated failure may handle it better, he suggests. They may stay down for longer in the count, catch their breath, take a beat to assess. He follows up that some believe a mistake is only a mistake if you repeat it.Drawing attention: Lee Blackett for Leeds against Gloucester. (Getty Images)Changing perspectivesWasps head coach Lee Blackett was relegated from the Premiership as a player for both Rotherham and Leeds. By his own admission his first experience was not so stinging. He was pleased to prove he could cut it at that level, following his rise through the ranks.However, after years of yo-yoing, his last of three relegations with Leeds, in 2011, was crushing.He explains: “I knew at the time where Leeds were and they were not so likely to bounce back the following year. We were (tenth) in the Premiership the year before and we wanted to try to get into the top six and we ended up getting relegated. There were a lot of very, very close friends of mine who were going to leave as a result of that. There were about eight of us on two-year deals and we were the only ones who really stayed.“You put everything into a season and we went down on points difference. It was pretty gut-wrenching… Still is to be honest.”After six seasons with the club, something special was coming to an end. What made it so rough was that they finished on the exact same points as Newcastle. Leeds have not been in the top flight since.How have those experiences shaped Blackett as a coach?“I would say detail,” he replies. “Games are so close. When you’re at that position in the bottom and you have to fight and scrap, every tiny little thing (helps).“We were potentially the worst team in the league. We knew we had to scrap and we had to fight and dig. We had to do anything to try and find that win. And it was special every time we did get that win.“When I was first asked by the club (Wasps) to talk about this, my first instinct was ‘Ugh, I don’t know if I can do that interview’. But then I started thinking a little bit more and it’s actually a pretty simple conversation to have. Because you are used to scrapping and fighting to find a way to get across the line, then the little details are massive because we just have to be the best at the unseen, talentless stuff. So when you become a coach you naturally take that over.Positive play: Wasps celebrate a score back in March (Getty Images)“In that season with Leeds, we kicked ridiculously well, we chased hard, we were competitive and we rocked up every single week. As a coach that’s what you ask for as a minimum. Obviously at Wasps we’ve got a more talented squad, but still those foundation levels are what you’re looking for. Then we go from there.“It’s the tiny little details like what line we run in attack, or if it’s two men hitting the ruck, who’s doing what role. Because that detail is the difference between winning and losing.”One of the other things that is key for Blackett is taking a positive approach to improvement. He believes that there is enormous pressure on players weekly, from media and fan attention to strivng to make your family proud and stressing over contracts and career trajectory. So game week has to be enjoyable.Related: The life of a journeymanThat does not mean there’s no critique and these are elite athletes, expected to deliver on the biggest stage. However, more often than not, if there is a game-swinging error, the player knows what they did wrong. Blackett is an incredibly competitive person too, he admits. Therefore how Wasps’ coaches deliver messages is something they think about deeply.When things are positive and there is the right team environment, Blackett adds, team-mates rally to help individuals bounce back. It’s something that can only help the collective.A second chanceA period of tying together errors is no indicator of irredeemable rot, either. There is another example from Leeds which proves just this. As a society, do we undervalue the experience of losing? We take a deep dive into the positives rugby stars can salvage from defeat Can’t get to the shops? 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Advocacy Peace & Justice, Associate Priest for Pastoral Care New York, NY Course Director Jerusalem, Israel [Episcopal News Service] Peace, justice and security in the Holy Land are the focus of seven proposed resolutions to be considered by the Episcopal Church’s General Convention, ranging from calls for deeper investment in Middle East partnerships to placing economic pressure through boycotts against, and divestment from, companies and corporations engaged in certain business related to the State of Israel.The Episcopal Church’s interreligious relations and its partnerships with the Episcopal Diocese of Jerusalem and its social service institutions have long been a major factor when taking policy decisions on peacemaking in the Middle East.These considerations led to the 2012 General Convention passage of Resolution B019, which affirms positive investment “as a necessary means to create a sound economy and a sustainable infrastructure” in the Palestinian Territories.Moving forward from B019, Bishop Prince Singh of the Diocese of Rochester, co-chair of General Convention’s legislative committee on social justice and international policy that will tackle the resolutions, told Episcopal News Service that he hopes “the deliberations on peace and security in the Holy Land will be thoughtfully engaged by the deputies and bishops to make a difference on the ground for common Palestinians, Israelis and others who dwell there, and for the most part refrain from scoring political points.”Singh was a member of an interreligious pilgrimage, led by Presiding Bishop Katharine Jefferts Schori, that traveled to the Holy Land in January to hear a wide range of perspectives on Middle East concerns and to discern how the three Abrahamic faiths might be better agents for peacemaking.The 15-member delegation of Jews, Christians and Muslims met with grassroots peacemaking initiatives and engaged in a series of high-level political and religious meetings in Israel and the Palestinian Territories, including with former Israeli Prime Minister Shimon Peres and current Palestinian Prime Minister Rami Hamdallah.While the group heard deep concerns, frustrations, and strong sentiments of distrust in the midst of a stalled peace process, they agreed that a peaceful resolution to the Israeli-Palestinian conflict requires people of faith to be effective partners, committed to hearing multiple narratives and investing in initiatives that seek to build community.Recommended by Resolution B019, the pilgrimage “is proving to be an iconic and dynamic template for interacting face to face with people of various persuasions out of a deep desire to listen, learn and pursue justice with peace for our common transformation,” Singh told ENS.Bishop Nicholas Knisely of the Diocese of Rhode Island, the proposer of two resolutions endorsed by 10 other bishops, said The Episcopal Church needs “to be an agent of reconciliation in the world,” and that divestment is not part of the gospel mandate.Resolution B012 calls on The Episcopal Church to seek “new, creative and effective ways forward in its work toward peace and justice in the Israeli-Palestinian conflict, endorse a model of Restorative Justice that invites all persons affected by the conflict to work toward the right relationship with one another by identifying and meeting the needs of all affected communities and, in turn, creating an atmosphere of peace, justice, reconciliation and cooperation.”Resolution B013 challenges the United States government – in coordination with global partners – “to offer a new, comprehensive, and time-bound framework to the Government of Israel and the Palestinian Authority for the conclusive negotiation of a two-state peace agreement and the resolution of all final-status issues … recognizing that simple calls for the parties to return to the negotiating table are no longer sufficient to the urgency of the situation.”“We are asked to be missionaries,” Knisely said, “so to break relations with people doesn’t seem to be keeping the gospel value. Helping the victim but maintaining the relationship with those people with whom you disagree and calling for repentance while you sit at their table and share a meal with them, that’s the gospel model.”The additional bishops endorsing the resolution offered by Knisely are Sean Rowe of the Dioceses of Northwest Pennsylvania and Bethlehem; John Tarrant of South Dakota; House of Bishops Vice President Dean Wolfe of Kansas; Jon Bruno, Diane Bruce, and Mary Glasspool of Los Angeles; Greg Rickel of Olympia; Barry Beisner of Northern California; James Magness of the Armed Services and Federal Ministries; and Peter Eaton of Southeast Florida.,The Rev. Canon John E. Kitagawa, a deputy from the Diocese of Arizona, has served on the Standing Commission on Anglican and International Peace With Justice Concerns, one of the church’s interim bodies that is proposing Resolution A052 for consideration at General Convention.A052 calls for an “intentional process of Ubuntu,” and “peaceful, mutual discernment” regarding Episcopal Church policies “toward advocacy, economic investment or divestment, humanitarian mission, and peacemaking in Palestine and Israel.”Ubuntu is a Zulu/Xhosa word that describes human identity as being formed through community and encompassing a sense of caring, sharing and being in harmony with all of creation.The resolution suggests that a collaborative group should facilitate the process, collect and disseminate educational resources, and consult with a wide range of policy experts, humanitarian aid organizations, and ecumenical and interfaith groups “to inform and enliven a process of listening and conversation among those of differing convictions … so that The Episcopal Church in its deliberations and advocacy efforts might model the love of God and the possibility of civil dialog over controversial and confounding issues of global conflict.”Kitagawa, vice chair of General Convention’s international policy legislative committee, believes that Resolution A052 is the best approach at this time for The Episcopal Church on peacemaking in Israel and Palestine.The Rev. Vicki Gray, a deputy from the Diocese of California, disagrees.As a sponsor of the diocese’s Resolution C012, Gray told ENS that The Episcopal Church’s long-standing policy of positive investment “has proved woefully inadequate in addressing the situation in the Holy Land or expressing proper moral outrage. In the face of the deteriorating situation on the ground the possibilities for a two-state solution are rapidly disappearing. We are now faced with the need for urgent, forceful action.”Gray, who has visited Israel and the Palestinian Territories three times, said that her support for the movement that supports economic pressure through boycotts, divestment and sanctions (BDS), comes primarily from what she describes as a “painful personal experience,” meeting with Palestinians whose lives have been devastated by the occupation.“I know that some call C012 one-sided,” Gray said. “It is – for the situation it addresses is one-sided. One people – the Palestinians – are on their knees. The other – the Israelis – has a gun to their heads. And we – we Americans – have paid for the gun.”Gray reiterated C012’s resolve that rejects attempts “to equate honest and legitimate criticism of unwise policies of the Government of Israel with anti-Semitism.”“I know that there is a fear in the upper reaches of the church that adopting a BDS resolution would damage or end the interfaith dialogue with those purporting to speak for American Jewry,” she said. “The question must be asked, however: ‘What do we talk about?’ Friends don’t ask friends to close their eyes to injustice. Friends don’t ask friends to ignore their conscience as the price for continued dialogue. Friends don’t dictate to friends what they can or cannot talk about. And friends don’t act as enablers of their friends’ bad behavior. Let us act as our conscience dictates, confront injustice, and hold open our desire for honest, sincere dialogue. That is what friends do.”Since 2012, the world has observed the collapse of peace talks brokered by U.S. Secretary of State John Kerry; a devastating war between Israel and the Palestinian movement Hamas in the Gaza Strip that claimed more than 2000 lives, mostly Palestinian civilians; an increase in targeted terrorist attacks; the ongoing construction of Israeli settlements on Palestinian land; and a series of divisive actions and statements by Israeli and Palestinian leaders.In response to these developments, a small group of deputies recently formed the Episcopal Committee for Justice in Israel and Palestine, which drafted Resolution D016 calling on The Episcopal Church to begin a process of divesting from companies that continue to profit from the Israeli occupation of Palestinian land.Proposed by the Very Rev. Walter Brownridge, a deputy from the Diocese of Hawaii, D016 calls on the Episcopal Church’s Executive Council to compile a list of U.S. and foreign corporations that provide goods and services that support the infrastructure of Israel’s occupation and determine if any of the companies fall into the investment portfolio of the Domestic and Foreign Missionary Society. Thereafter, the resolution suggests that The Episcopal Church should divest from such companies if those businesses, following corporate engagement, should not withdraw from the aforementioned operations.Brownridge, in an email to Episcopal News Service, emphasized that the resolution is not calling for “total or across-the-board divestment, boycott, sanctions.” Rather, he said, “we are saying that as a matter of corporate social responsibility, The Episcopal Church should not be investing in companies that serve the infrastructure of the illegal occupation of Palestinian territory.”In addition to California, the dioceses of Hawaii and Washington, D.C., also have submitted resolutions for consideration at General Convention.Resolution C003 from the Diocese of Hawaii, where Brownridge is dean of the Cathedral of St. Andrew in Honolulu, also calls for a process of selective divestment and a “no-buy policy” from companies that may be supporting the infrastructure of the occupation, including Caterpillar, Hewlett Packard, G4S, and Motorola Solutions.T. Dennis Sullivan, chair of the Executive Council Investment Committee, said the committee has discussed these issues and unanimously requests that any resolutions calling for divestment should “be rejected or not moved forward until the economic and social consequences of such divestment are thoroughly evaluated.”Knisely said that a major downside of divestment is that it “would cause us to lose our voice at the stockholders meetings, and make our ability to speak to both sides in this conflict significantly reduced. I really am drawn to this idea of strategic investment.“As I’ve traveled along the West Bank and talked to Palestinian leaders, they also are asking for investment in construction for the Palestinian people. … Using economic resources in a thoughtful and constructive way seems a lot more appealing.”Many Episcopal Church dioceses and individuals have long-standing partnerships with the Jerusalem diocese and support the ministry of its more than 30 social service institutions throughout Israel, Jordan, Lebanon, Syria and the Palestinian Territories. The institutions include schools, hospitals, clinics and centers for people with disabilities.The diocese and the institutions also are supported by the American Friends of the Episcopal Diocese of Jerusalem, a nonpolitical, nonprofit organization established in 1985.Archbishop Suheil Dawani of the Episcopal Diocese of Jerusalem has said that he prefers to hear people talk about investment rather than divestment.Dawani was not himself present, nor was he officially represented by anybody from the Diocese of Jerusalem, at the General Convention. Jefferts Schori invited Dawani to be a guest of hers at the convention, but he was unable to attend due to other commitments in his diocese.In response to such calls from the Episcopal Church’s partners in the Holy Land, as well as to Resolution B019, the Domestic and Foreign Missionary Society invested $500,000 in the Bank of Palestine in 2013 for the purpose of economic development in the Palestinian Territories. The Episcopal Church’s Executive Council has endorsed expansion of that investment.Supporters of BDS have compared the situation in Israel and the Palestinian Territories to that of apartheid South Africa, acknowledging that divestment and economic sanctions succeeded in overthrowing that regime.However, a 2005 report from the Episcopal Church’s Social Responsibility in Investments committee noted that the situation in Israel and the Palestinian Territories is not the same as the struggle against apartheid in South Africa.“In the case of South Africa, the entire system of apartheid was illegitimate, and no actions short of dismantling it could be countenanced by the world community. The goal was the end of that South African regime,” that report said. “The case of Israel is different. Church policies clearly support Israel’s right to exist, and no companies should be involved, however inadvertently, in any way with organizations engaged in violence against Israelis. Companies can and should operate in Israel proper.”With the exception of the situation in South Africa, where the apartheid regime was seen globally as a pariah, Knisely said that using money as a weapon has very rarely been an effective strategy.He cited examples of corporations responding positively to engagement from investors and shareholders, such as Apple’s environmental initiatives in response to challenges from Greenpeace. “Those corporations didn’t boycott the product but engaged in the conversation.”Carbon divestment also isn’t working, he said. “The environmental companies are agreeing that they need to engage with the companies” to effect change in policies and practices.“We must approach this whole thing with a deep humility and openness to all the voices,” Knisely said, “and as I’ve listened to voices I’ve been more and more convinced that whatever happens in a tense situation has to be very thoughtful and careful.”Brownridge said that he understands, from his contacts in the Palestinian Christian community, that they favor positive investment in the Palestinian economy and their social service infrastructure.“I support and advocate such investment in schools, hospitals, social welfare services, and companies that will build up the Palestinian community,” he said. However, “I must ask those opposed to our resolution, what is ‘positive’ about investment in companies that destroy Palestinian homes, spy on Palestinian people, and otherwise maintain the machinery that allows for the illegal occupation of Palestinian territory. Those actions have a negative impact on the Palestinian people and the prospects for a just and lasting peace for both Israelis and Palestinians.”Resolution C018 from Diocese of Washington calls for continued support of the Diocese of Jerusalem and its institutions, especially Al Ahli Arab Hospital in Gaza City, which was deeply impacted by the 2014 Gaza War.While the resolution calls for a full and public report “documenting all actions, including corporate dialogues and shareholder resolutions … regarding companies that contribute to the infrastructure of Israel’s ongoing occupation of the West Bank and the Gaza Strip and companies that have connections to organizations responsible for violence against Israel,” it stops short of calling for divestment. Rather, it suggests that The Episcopal Church “should contribute to a just and peaceful solution to the continuing crisis in the Holy Land through responsible and informed action.”From his experience on the interreligious pilgrimage, Kitagawa said it was clear that transformation happens at a very personal level, through person-to-person contact, and that the best chance for a lasting peace and security can be found in the grassroots initiatives that seek to combat fear and build trust between Israelis and Palestinians through dialogue and a process of reconciliation.Among those grassroots initiatives are the Shades Negotiation Program and Roots, which bring together Israelis and Palestinians to hear and learn from one another’s narratives, and to build a peaceful society in which everyone can prosper.Although the political negotiations between Israeli and Palestinian leaders have stalled, Kitagawa acknowledged that if people on the ground are not prepared for peace deal when it comes, it will be difficult for any diplomatic agreement to succeed.“God’s power to touch and transform life is not stuck in the past. As the baptized and a baptizing community, we are called to be vessels of God’s power to touch and transform life,” he said. “Against all odds, many individuals and groups work daily and sacrificially hard towards peace with justice and mutual security. Many times we heard how few opportunities there are for creative contact between Israelis and Palestinians. Now is the time to encourage and support people-to-people contacts, and creative ways to bring the Children of Abraham together.” — Matthew Davies is an editor/reporter for the Episcopal News Service. Janet Thebaud Gillmar says: Remember Holy Land Christians on Jerusalem Sunday, June 20 American Friends of the Episcopal Diocese of Jerusalem Rector Smithfield, NC Anne Lynn says: In-person Retreat: Thanksgiving Trinity Retreat Center (West Cornwall, CT) Nov. 24-28 An Evening with Aliya Cycon Playing the Oud: Crossing continents and cultures with the most beautiful instrument you’ve never heard Lancaster, PA (and streaming online) July 3 Comments are closed. Join the Episcopal Diocese of Texas in Celebrating the Pauli Murray Feast Online Worship Service June 27 Associate Rector Columbus, GA Assistant/Associate Rector Washington, DC Rector and Chaplain Eugene, OR Rector Hopkinsville, KY Youth Minister Lorton, VA Rector Knoxville, TN July 2, 2015 at 4:08 pm Amen to both Donal Johnson’s comments. I would suspect tat the Diocese of Jerusalem, which certainly does do amazing work in the area, would support a positive vote on BDS, as would the vast majority of those whom we serve as a Church. Donald Johnson says: Episcopal Church releases new prayer book translations into Spanish and French, solicits feedback Episcopal Church Office of Public Affairs Associate Rector for Family Ministries Anchorage, AK Priest-in-Charge Lebanon, OH Submit an Event Listing The Church Investment Group Commends the Taskforce on the Theology of Money on its report, The Theology of Money and Investing as Doing Theology Church Investment Group Middle East Canon for Family Ministry Jackson, MS Donald Johnson says: Featured Events Rector Martinsville, VA Episcopal Migration Ministries’ Virtual Prayer Vigil for World Refugee Day Facebook Live Prayer Vigil June 20 @ 7 p.m. ET Virtual Celebration of the Jerusalem Princess Basma Center Zoom Conversation June 19 @ 12 p.m. ET Seminary of the Southwest announces appointment of two new full time faculty members Seminary of the Southwest Press Release Service Rector Collierville, TN Tags New Berrigan Book With Episcopal Roots Cascade Books Episcopal Charities of the Diocese of New York Hires Reverend Kevin W. VanHook, II as Executive Director Episcopal Charities of the Diocese of New York Rector Tampa, FL Curate (Associate & Priest-in-Charge) Traverse City, MI Israel-Palestine, Featured Jobs & Calls The Church Pension Fund Invests $20 Million in Impact Investment Fund Designed to Preserve Workforce Housing Communities Nationwide Church Pension Group Rector (FT or PT) Indian River, MI Submit a Job Listing Rector Albany, NY This Summer’s Anti-Racism Training Online Course (Diocese of New Jersey) June 18-July 16 AddThis Sharing ButtonsShare to PrintFriendlyPrintFriendlyShare to FacebookFacebookShare to TwitterTwitterShare to EmailEmailShare to MoreAddThis Priest Associate or Director of Adult Ministries Greenville, SC Family Ministry Coordinator Baton Rouge, LA July 1, 2015 at 12:45 pm Incidentally, I agree the church should not be involved with organizations that use violence against Israelis, but given that most of the civilians killed are Palestinians killed by the Israeli government, does the standard apply to both sides? By Matthew DaviesPosted Jun 24, 2015 Comments (5) Curate Diocese of Nebraska Missioner for Disaster Resilience Sacramento, CA Rector Bath, NC Inaugural Diocesan Feast Day Celebrating Juneteenth San Francisco, CA (and livestream) June 19 @ 2 p.m. PT Peace and justice in the Holy Land high on convention’s agenda July 5, 2015 at 11:58 pm Here is the response from a Palestinian friend who is a doctor in the Galilee:Hello all,I am not your best resource on theological issues. I was tempted to write back and tell you my gut level rejection of the Episcopal bishops’ short range pragmatic stand. Instead I put the question to a group of friends and relatives that happened to congregate at my house this afternoon, a total of 11 adult Palestinian citizens of Israel ranging in age from mid-thirties to eighty years old. 5 were women and 6 men; 3 were Christians and the rest Moslems. There was a complete consensus rejecting the stand of the Episcopal Bishops. The following are some of the opinions that were expressed in the spontaneous conversation:1. True divestment will upset Israel and Zionists and this is likely to cause them to inflict greater suffering on Palestinians, partly by obstructing the good relief work of the church. This is all in the short run. In contrast and in the long run, divestment will end occupation and apartheid and lessen suffering at source.2. The bishops’ stand is focused on alleviating physical suffering. What is worse is thee Palestinians’ psychological trauma and that is served better by divestment.3. The bishops seem to fear the wrath of Israel more than the wrath of God.4. They care more about keeping the church in the business of servicing needy and disadvantaged Palestinians than they care about alleviating their disadvantaged position. That is classic colonial mentality.5. We doctors distinguish between primary and secondary prevention. Treating hypertension to prevent stroke is primary prevention. Physiotherapy for a stroke patient to help him/her regain muscle function is secondary prevention. The bishops should aim their efforts at primary alleviation of suffering of the Palestinians.6. The Episcopal bishops put their trust in the magnanimous goodwill of Netanyahu et. al. The current fascist clique, admittedly representing the majority of Israel, will not stop at anything to expel Palestinians from their dream ‘Greater Israel.’ Temporising and compromising in the face of such evil is wrong.Best of luck on your effort to rectify the bishops wrong stand. Submit a Press Release June 26, 2015 at 11:32 am If we view our Holy Land through a political lens, the problems are deep and intractable. As a faith community, we have the opportunity to choose positive investment in the people of the region. And build peace from the ground up. Those with hope for the future will work toward stability. Several resolutions included positive investment, but only one supported the existing work of the Diocese of Jerusalem. The powerful witness our denomination offers through this work should be honored and supported. Through the existing schools, hospitals and institutes for the disabled, the Diocese of Jerusalem creates jobs, educated future leaders and healthy, productive citizens. This work is actionable now. While we all work toward a just peace, families need help today. Christian communities need stability now. Let’s own this work and include it in our resolutions. Rector Belleville, IL Rector/Priest in Charge (PT) Lisbon, ME TryTank Experimental Lab and York St. John University of England Launch Survey to Study the Impact of Covid-19 on the Episcopal Church TryTank Experimental Lab General Convention 2015, Director of Administration & Finance Atlanta, GA Isaac Miller says: Assistant/Associate Rector Morristown, NJ Bishop Diocesan Springfield, IL Assistant/Associate Priest Scottsdale, AZ July 1, 2015 at 12:36 pm All this talk of positive investment has an Orwellian ring to it, because it doesn’t make distinctions. Are we talking about investing in companies that supply bulldozers that destroy Palestinian homes or weapons that blow them up? Are we talking about Israeli owned factories in settlements that are in the West Bank–if so, why would the Israelis withdraw? One might defend that sort of investment if it provides jobs for Palestinians, but it is difficult to see how it makes an Israeli withdrawal more likely.I really can’t tell what people are defending and what issues they are dodging and I strongly suspect that is the point. Ya no son extranjeros: Un diálogo acerca de inmigración Una conversación de Zoom June 22 @ 7 p.m. ET General Convention, Rector Washington, DC Rector Pittsburgh, PA Director of Music Morristown, NJ Rector Shreveport, LA An Evening with Presiding Bishop Curry and Iconographer Kelly Latimore Episcopal Migration Ministries via Zoom June 23 @ 6 p.m. ET Cathedral Dean Boise, ID
China and 21 Asian countries launch Asian Infrastructure Investment Bank.Britain, France, Italy and Germany have agreed to join China in establishing an Asian Infrastructure Investment Bank. China has already announced it will put up $50 billion in initial capital.It is too early to say what role this bank will play in helping underdeveloped countries modernize their infrastructure. Negotiations among the principals on the bank’s structure and policies are expected to take place for at least a year. What will emerge cannot be predicted at this time.But one thing is very clear: Wall Street and Washington are fuming over the fact that the European imperialist countries are joining in, despite strong U.S. pressure to stay out.Criticism of the new development bank by the U.S. has begun, with government officials telling the media they fear it will undermine the “good work” done by the International Monetary Fund and World Bank, which, they say, have aided developing countries while imposing regulations to protect the environment and help the poor.You’re choking on this outrageous lie right now? So are we.Tons of both popular and scholarly analyses of these institutions, and especially of the “structural adjustment programs” they have forced down the throats of poor countries, show that the kind of “development” they foster has usually done just the opposite: stripped countries of needed government services, increased their indebtedness and hurt the environment, all to benefit the financial institutions of the imperialists.Take the West African countries of Guinea, Liberia and Sierra Leone, for example, which have been going through the most horrific public health emergency caused by the spread of the Ebola virus. These countries are so poor that, even after Liberia declared an end to new cases, a televised news report on the return of a score of students to classes pointed out that their grammar school, which when full serves 1,000 students, has no electricity and no running water.On Dec. 22, The Lancet, a preeminent British medical journal, published a commentary called “The International Monetary Fund and the Ebola outbreak.” It reads: “A major reason why the outbreak spread so rapidly was the weakness of health systems in the region. … Since 1990, the IMF has provided support to Guinea, Liberia and Sierra Leone, for 21, 7 and 19 years, respectively, and at the time that Ebola emerged, all three countries were under IMF programs. However, IMF lending comes with strings attached — so-called ‘conditionalities’ — that require recipient governments to adopt policies that have been criticized for prioritizing short-term economic objectives over investment in health and education.”The authors add that “economic reform programs by the IMF have required reductions in government spending, prioritization of debt service, and bolstering of foreign exchange reserves.” In other words, recipient countries — which should be receiving reparations for all the wealth extracted from them by colonial rule — have instead been forced to cut back on health care, education and other services in order to pay interest on loans.Bretton Woods, the IMF and World BankWhy does the U.S. ruling class feel particularly threatened by this new China-headed development bank? Because U.S. banks have dominated the financial architecture of the capitalist world for decades. The U.S. emerged from World War II as the undisputed global industrial and financial powerhouse, while Europe and Japan were in ruins and all regions involved in the world war were suffering.The intention of the U.S. imperialist ruling class to translate its military and industrial muscle into financial domination over the rest of the world was made clear even before the war ended, with the founding of the International Monetary Fund and the World Bank at the Bretton Woods Conference in 1944. This conclave in New Hampshire of the soon-to-be-victorious Allied powers was dominated by Washington and London. It established the “tradition” that the president of the World Bank would always come from the U.S.One can read many critiques of these institutions. One was an interview by Greg Palast with Joseph Stieglitz, a former chief economist of the World Bank, member of Bill Clinton’s cabinet and chair of his Council of Economic Advisers who turned against his former bosses.Stieglitz told Palast that when nations are “down and out, [the IMF] squeezes the last drop of blood out of them. They turn up the heat until, finally, the whole cauldron blows up.” He referred to these social explosions as “IMF riots,” pointing to what happened when the IMF eliminated food and fuel subsidies in Indonesia in 1998, when it made Bolivia increase water prices in 2000, and when the World Bank imposed a rise in cooking gas prices on Ecuador in February 2001. (“IMF’s Four Steps to Damnation,” The Observer, April 29, 2001)In Guinea, Liberia and Sierra Leone, the people have tried to get rid of governments that served as tools of these imperialist-dominated financial institutions and have looked for other ways to climb out of poverty. In Latin America, the result has been ALBA (Bolivarian Alliance for the Peoples of Our America) — an alliance of countries, led by Venezuela, that is trying to break free of the stranglehold over their economies imposed by U.S. imperialism for nearly two centuries.The anti-colonial revolutions that began in Asia in the 1930s and spread throughout the so-called Third World in the 1950s and 1960s drove out the structures of direct colonial rule. Bretton Woods was the answer of the imperialists: Keep the masses of people enslaved to the banks.Washington’s objections to the new Asian Infrastructure Investment Bank have nothing to do with anything except the fear of U.S. capitalists that they could be losing their grip on what has been their main tool for world domination. As a backup, of course, they have the Pentagon, making the struggle against imperialist war ever more urgent.FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare this
Reporters Without Borders condemns the way the Burmese military government has paralysed the Internet, silencing online dissidents and carrying out regular raids on Internet cafés, while hacker attacks have blocked access to the leading websites with news and information about Burma for the past few weeks. to go further Reporters Without Borders condemns the way the Burmese military government has paralysed the Internet, silencing online dissidents and carrying out regular raids on Internet cafés, while hacker attacks have blocked access to the leading websites with news and information about Burma for the past few weeks.“The Burmese can no longer obtain information about the situation in their own country because the main news websites have been blocked by repeated hacker attacks,” Reporters Without Borders said. “Access to online information deteriorated sharply in the run-up to the 20th anniversary of the September 1988 opposition uprising and the situation continues. The Internet is now under the government’s heel, just like the traditional media.”For the past three months or so, four news websites based abroad have been the target of regular Distributed Denial of Service (DDoS) attacks, in which web servers are blocked by an automated flood of contact requests. The Irrawaddy (http://www.irrawaddy.org), a magazine whose site is hosted on servers in Thailand, has been inaccessible in Burma since 16 September. Although it set up a mirror site (http://theirrawaddy.blogspot.com), it has lost nearly half of its visitors in the past three months (see Reporters Without Borders site). News News MyanmarAsia – Pacific Help by sharing this information The websites of the exile radio station, Democratic Voice of Burma, and the exile news agency, Mizzima, which are both dedicated to news about Burma, have been the target of DDoS attacks since August. These stepped up between 15 and 22 September, with the result that they were also inaccessible outside of Burma during that week. They are still being attacked and are still inaccessible within Burma. Around 3,000 people died when the security forces cracked down on the widespread pro-democracy protests of September 1988. The victims included many of the Buddhist monks who joined the uprising by students and activists. For the first time since then, monks demonstrated again on 26 September 2007, this time against Gen. Than Shwe’s government. The authorities cut off Burma from the rest of the world when they cracked down on last September’s protests. Follow the news on Myanmar News RSF_en MyanmarAsia – Pacific Two cyber-dissidents are currently in prison for using their right to freedom of expression online. One is the Nay Phone Latt, the owner of two Rangoon Internet cafés, who has been held since 29 January in Rangoon’s Insein prison. He appeared before a Rangoon court on 30 September on a charge of undermining the social order under section 505 (b) of the criminal code.The other is the comedian Zarganar, also known as the Burmese Charlie Chaplin, who had been keeping a blog since August 2007 in which he criticised the government. He has been held in Insein prison since 5 June, probably because of his criticism of the government’s handling of the relief efforts after Cyclone Nargis, which devastated the country a month before his arrest. Organisation Receive email alerts RSF asks Germany to let Myanmar journalist Mratt Kyaw Thu apply for asylum May 12, 2021 Find out more Read more about the situation in 2007Report on the Internet in Burma May 31, 2021 Find out more News October 9, 2008 – Updated on January 20, 2016 Military government paralyses Internet May 26, 2021 Find out more Thai premier, UN rapporteurs asked to prevent journalists being returned to Myanmar The New Era (http://www.khitpyaing.org), an online daily newspaper based in Thailand, was the victim of the same kind of attack from 15 to 17 September. It is now accessible again, after changing its hosting company.Three countries have been identified as the geographical origins of there hacker attacks – Russia, China and Singapore.“These DDoS attacks from abroad are targeting websites providing news about Burma,” Reporters Without Borders said. “We do not think these attacks are random, and we strongly suspect the military of trying to control the Internet. The authorities already demonstrated their stranglehold by cutting all access to the Internet at the same moment in 2007. They now suspect Internet users of sending information to exile media, as already happened last year.”According to The Irrawaddy, soldiers began inspecting Internet cafés in the capital at the start of October. They questioned clients about the sites they visit and the people with whom they have online contact. Internet café owners say connection speeds have declined considerably, making it almost impossible to send or receive photos and videos.The Internet was introduced in Burma in 1997, but access for individuals was not permitted until 2000 as the government feared being unable to keep the Internet under its total control. There are two access providers, MPT and Bagan Cybertech. MPT is state-owned. Bagan Cybertech’s services are hosted on MPT servers. The authorities acknowledge filtering email messages sent by such services as Yahoo!, Gmail and Hotmail. Only 0.1 per cent of Burmese inside connect to the Internet. US journalist held in Yangon prison notorious for torture
CRANBURY, New Jersey–(BUSINESS WIRE)–Feb 24, 2021– Als führende Ressource für medizinische Fortbildung (CME) engagiert sich Physicians’ Education Resource®, LLC, (PER®) seit nahezu vier Jahrzehnten dafür, die Versorgung von Brustkrebspatientinnen durch Weiterbildung des Behandlungsteams zu verbessern. Dieses Engagement erstreckt sich jedoch nicht nur auf die berufliche Ebene, sondern beinhaltet auch zutiefst persönliche Aspekte. Die jährliche CME-Konferenz wird seit Anbeginn von einer Familie geleitet und der Familiengeist ist auch 2021 im virtuellen Umfeld zu spüren. Diese Pressemitteilung enthält multimediale Inhalte. Die vollständige Mitteilung hier ansehen: https://www.businesswire.com/news/home/20210224006237/de/ Die Konferenz findet traditionell in einem Eventzelt statt, doch in diesem Jahr wurde die 38. jährliche Miami Breast Cancer Conference® in eine live übertragene virtuelle und interaktive Veranstaltung verwandelt, bei der neue Online-Tagungstechnologien zum Einsatz kommen. Die diesjährige Konferenz ist nicht nur in Miami, sondern bringt die Fortbildung online direkt zu den Gesundheitsdienstleistern. Seit 37 Jahren ist die historische multidisziplinäre Miami Breast Cancer Conference® eine von einer Familie geleitete jährliche Veranstaltung. In diesem Jahr kombiniert der Kongress seine Tradition mit dem Geist und Engagement der Familie Hennessy, die im Kern von MJH Life Sciences™, der Muttergesellschaft von PER®, zu spüren ist. Im Mittelpunkt der Tagung steht weiterhin die Versorgung von Patientinnen mit Brustkrebs. Der jährliche Kongress hat sich zu einem hochkarätigen Treffpunkt entwickelt, wo sich Gesundheitsdienstleister über die bedeutendsten Fortschritte in der Brustkrebsbehandlung und deren Anwendung im klinischen Umfeld auf dem Laufenden halten können. „In seinem 38. Jahr begrüßt PER® alle Teilnehmer der großen Familie der Miami Breast Cancer Conference® sehr herzlich, gleichgültig, ob Sie zum ersten oder zum 31. Mal zu uns kommen“, erklärte Phil Talamo, CHCP, President von PER®. „Unsere Gemeinschaft besteht aus zahlreichen engagierten Onkologen, Chirurgen, Pathologen, KrankenpflegerInnen und anderen, die bestrebt sind, die Patientenversorgung zu verbessern. Wir wissen genau, dass bei der Behandlung von Brustkrebs mehr als ein Team nötig ist – es muss eine Familie daran beteiligt sein. Auf der diesjährigen Konferenz kommen wir virtuell mit einem gemeinsamen Ziel zusammen, das darin besteht, die aktuelle Versorgung von Patientinnen mit Strategien zu verbessern, die Sie am Freitag kennen lernen und am Montag umsetzen.“ Die diesjährige 38. jährliche Miami Breast Cancer Conference® setzt diese Tradition fort und nutzt innovative virtuelle Technologie, um das robuste Weiterbildungsprogramm und die erstklassigen Präsentationen vorzustellen, für die der Kongress bekannt ist. Als Neuheit im Jahr 2021 hat PER® das Nachmittagsprogramm auf das gesamte Gesundheitsdienstleisterteam erweitert und zusätzliche Schienen über Pathologie, Bestrahlungsonkologie und Onkologiepflege aufgenommen. Darüber hinaus wird auch eine internationale Konferenzschiene angeboten, um ausländische Teilnehmer in europäischen Zeitzonen zu bedienen. Damit wird die Wirkung der Konferenz verbreitert und es werden wichtige Mitglieder des Behandlungsteams in die Familie der Miami Breast Cancer Conference aufgenommen, die das gemeinsame Ziel verfolgen, die Versorgung von Patientinnen mit Brustkrebs zu verbessern. Außerdem beinhaltet das diesjährige erweiterte virtuelle Konferenzprogramm auch erstklassige Gesprächsrunden zu Tumoren, multidisziplinäre Expertenfragestunden, Fallstudien, Postersitzungen, eine chirurgische Videothek, lebhafte Medical Crossfire®-Diskussionen und anderes mehr. Zu den zahlreichen wichtigen klinischen und praxisbezogenen Themen auf dem Programm gehören neuartige Therapieziele, moderne Managementfragen, Onkologiepflege im Zeitalter von COVID-19, praktische Anwendung von Genomik, Präzisionsmedizin und andere. Für weitere Informationen und zur Anmeldung klicken Sie bitte hier. Über Physicians’ Education Resource® (PER®) Seit 1995 engagiert sich PER® für die Verbesserung der Krebsbehandlung durch berufliche Weiterbildung und befürwortet inzwischen auch Strategien für Patientenversorgung und Behandlung bei vielfältigen chronischen Erkrankungen und Krankheitsbildern. 2016 startete PER® ein Programm für medizinische Weiterbildung (CME) in den Bereichen Herz- und Gefäßkrankheiten und Endokrinologie. Auch wenn PER® jetzt in Themenbereiche außerhalb der Onkologie vorstößt, ist es weiterhin der führende Anbieter von Live- und Online-Veranstaltungen sowie Druckmedien für berufliche Weiterbildung in der Onkologie und Hämatologie. An den hochwertigen, datengestützten Veranstaltungen nehmen führende prominente Experten teil, die sich auf die praktische Anwendung richtungweisender Erkenntnisse konzentrieren. PER® besitzt die Akkreditierung des Accreditation Council for Continuing Medical Education und des California Board of Registered Nursing. PER® ist eine Marke von MJH Life Sciences ™, dem größten in Privatbesitz befindlichen, unabhängigen Full-Service-Unternehmen für medizinische Medien in Nordamerika, das sich auf die Bereitstellung zuverlässiger Gesundheitsnachrichten über diverse Kanäle konzentriert. Die Ausgangssprache, in der der Originaltext veröffentlicht wird, ist die offizielle und autorisierte Version. Übersetzungen werden zur besseren Verständigung mitgeliefert. Nur die Sprachversion, die im Original veröffentlicht wurde, ist rechtsgültig. Gleichen Sie deshalb Übersetzungen mit der originalen Sprachversion der Veröffentlichung ab. Originalversion auf businesswire.com ansehen:https://www.businesswire.com/news/home/20210224006237/de/ CONTACT: PER® Ansprechpartner für Medien Alexandra Ventura, 609-716-7777 [email protected] KEYWORD: UNITED STATES NORTH AMERICA NEW JERSEY INDUSTRY KEYWORD: ONCOLOGY NURSING HEALTH HOSPITALS SURGERY PHARMACEUTICAL BIOTECHNOLOGY SOURCE: Physicians’ Education Resource Copyright Business Wire 2021. PUB: 02/24/2021 11:51 PM/DISC: 02/24/2021 11:51 PM http://www.businesswire.com/news/home/20210224006237/de Local NewsBusiness By Digital AIM Web Support – April 6, 2021 Twitter TAGS WhatsApp WhatsApp Pinterest Twitter Facebook Physicians’ Education Resource® veranstaltet 38. jährliche Miami Breast Cancer Conference® in erweitertem, interaktivem virtuellem Tagungsformat Previous articleFleming buzzer beater lifts Charleston Southern to OT winNext articleJarrett carries Jackson State over Grambling State 63-59 Digital AIM Web Support Facebook Pinterest
Home / Commentary / The Gap Between Mortgage Default and Settlement Print This Post The Gap Between Mortgage Default and Settlement in Commentary, Daily Dose, Featured, Foreclosure, News Roy A. Diaz is the Managing Shareholder of Diaz, Anselmo Lindberg, P.A. The firm provides representation in Florida, Illinois, Ohio, Indiana, Kentucky, Wisconsin and Michigan. Diaz has been a member of the Florida Bar since 1988. He has concentrated his practice in the areas of real estate, litigation, and bankruptcy. He has represented lenders, servicers of both conventional and GSE loans, private investors, and real estate developers throughout his career with an emphasis on the mortgage servicing industry for over 25 years. Share Save Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Tagged with: borrower court default Foreclosure lender Loan Property servicer Settlement Previous: The Renter/Investor Relationship Next: The Growing Problem With Household Debt borrower court default Foreclosure lender Loan Property servicer Settlement 2019-05-15 Radhika Ojha About Author: Roy Diaz In April 2019, the United States Court of Appeals for the Eleventh Circuit issued a 60-page opinion which addressed claims brought by borrowers Johnnie and Adrian Marchisio against servicer Mortgage Services, LLC, for various statutory and contractual violations committed by the servicer while servicing the Marchisios’ first and second mortgages. (Marchisio v. Servicer Mortgage Services, LLC.)The borrowers took out two mortgage loans to purchase property and defaulted on both loans in 2008. The servicer filed an action seeking to foreclose both mortgages, and the lawsuit was later resolved through a deed-in-lieu of foreclosure entered in December 2009.Pursuant to the parties’ agreement, the borrowers surrendered the property and the servicer “agreed to report to the credit reporting agencies … that the mortgage was discharged with a zero balance owed.” However, more than two years later, the bank still had not reported the discharge. Instead, it “resumed its debt collections efforts” reporting the borrowers’ debt as delinquent. As a result, in July 2012, the Marchisios filed a federal action (first action) alleging Mortgage Services’ failure to timely report the pertinent settlement terms violated the Fair Credit Reporting Act (FCRA) and the Florida Collections Act (FCA).The filing of the first action prompted the servicer to partially correct its misreporting. The lender sent an automated universal dataform (AUD) to the reporting agencies requesting they “update the first loan to reflect that it had a zero balance.” However, the servicer continued to misreport a delinquent balance due on the second mortgage.Ultimately, in January 2013, the parties reached a settlement agreement with regard to the second mortgage wherein the servicer paid the borrowers $125,000 and agreed to “report the second loan as having a zero balance as of December 9, 2009 … as soon as reasonably possible, but in any case within 90 days.” In exchange, the borrowers dismissed the first action. The settlement noted that time was of the essence, which has the legal effect of a hard default on the 91st day.Despite the parties’ settlement agreement and the borrowers’ dismissal of the first action, the servicer continued to send inaccurate reports to credit agencies in February, March, and April 2013. The reports reflected the borrowers’ second mortgage was not paid off and had a past due balance exceeding 120 days. Only after the borrowers complained to the servicer about these inaccurate reports did the company submit an AUD to the credit agencies requesting “they update the second loan to show a zero balance.” Notably, the servicer did not send this AUD until April 25, 2013—two days after the deadline for doing so under the settlement agreement. Additionally, according to the borrowers, the servicer continued to make collection calls wherein they threatened to foreclose due to an allegedly unpaid “balloon balance” on the second mortgage.In August 2013, the borrowers moved to enforce the settlement agreement which resulted from the first action, but the district court declined to exercise jurisdiction. In November 2013, they disputed the servicer debt with the credit agencies. In their written dispute they described the litigation history between them and the servicer, the resulting settlement, and the final agreement, which indicated the borrowers owed nothing on the first or second mortgages.Pursuant to the requirements of the FCRA (codified at 15 U.S.C. § 1681i(a)(1) and (2)), the credit agency notified the servicer about the dispute and the servicer conducted an investigation. As part of its investigation, an employee of the servicer consulted the “Fiserv database” which was supposed to house all relevant information regarding the loans serviced by the company. Notwithstanding, the Fiserv database did not have any information regarding the 2013 settlement agreement. The servicer’s representative reported back to the credit agencies that its prior reports were accurate and confirmed the borrowers owed a balloon payment on the second loan.To further complicate matters, near the end of 2013, the servicer’s insurance vendor (Southwest) sent the borrowers letters on the servicer’s letterhead informing them that force-placed fire insurance would be placed on their property if they did not obtain their own insurance. When the borrowers failed to purchase fire insurance for a property they no longer owned, Southwest purchased it for them, billed them, and then tried to collect payment by sending notices on the servicer’s letterhead.Ostensibly left with no other options for resolving the dispute, the borrowers filed a second federal action (second action) against the servicer in January 2014, “alleging breach of the settlement agreement entered in the first action and violations of the FCRA and the Florida Collections Act.” Regarding the FCRA claim, the borrowers alleged that the servicer violated the act by failing to conduct a reasonable investigation upon learning that the borrowers disputed the credit reports, which included the balloon balance on the second mortgage. As to the FCRA claim, the borrowers argued the collection calls and notices regarding force-placed insurance constituted violations of the FCRA because the servicer attempted to enforce a debt that they knew did not exist.The second action finally prompted the servicer to issue an AUD to the credit agencies requesting they “delete from [the borrowers’] credit reports any reference to a balloon-payment obligation.” The servicer also canceled the force-placed fire insurance. Despite this corrective action, litigation ensued and both parties moved for summary judgment. The district court entered summary judgment in the borrowers’ favor on their FCRA claim finding the servicer “failed to conduct a reasonable investigation” of the dispute filed with the credit agency and that such failure was willful. The court awarded statutory damages of $3,000 but “ruled that Plaintiffs were not entitled to any damages for emotional distress or as punitive damages” as a matter of law. As to both the FCA claim and the breach of contract claim the district court entered summary judgment in the servicer’s favor. The district court awarded $94,000 in attorneys’ fees to the borrowers. Both parties appealed to the Eleventh Circuit.On appeal, the Eleventh Circuit made the following rulings:Firstly, it affirmed “the district court’s finding of a willful FCRA violation,” surmising it was “obvious that [Servicer] failed to conduct a reasonable investigation of [the Borrowers’] report.” The court disagreed with the servicer’s argument that the “erroneous verification” that a balloon payment was owed on the second loan “constituted a mere isolated human error that was promptly corrected.” The court clarified it was not the employee that made the mistake because he “accurately reported what he found in the databases.” The court explained it was the servicer which “failed to create a reliable system for inputting information regarding the settlement of litigation that might impact the data found on the relevant databases.”The Circuit Court concluded the servicer’s system was “unreliable” and that “it was incumbent” on the servicer “to take steps to ensure that news of the terms of the settlement agreement be communicated to those who generate reports to reporting agencies.” The court surmised “there was a large ‘disconnect’ between [servicer’s] system for debt verification and its ad hoc handling of settlement-related changes to debt obligations” rendering the servicer’s investigation unreasonable for purposes of the FCRA. The court also concluded the servicer’s conduct was willful because even if unintentional, the servicer “acted in reckless disregard” of its obligations under the FCRA, given its failure to take corrective action despite “the number of times that [Servicer] was put on notice of the false information being reported.” It concluded the servicer’s FCRA violations could support an award for emotional distress and punitive damages and reversed the district court’s grant of summary judgment on those issues “to allow factual development” of those issues at trial.Secondly, the Circuit Court reversed the summary judgment for the servicer on the FCA claim finding there to be genuine issues of material fact as to whether the servicer made the debt collection calls and whether the servicer could prove its “bona fide error defense.” The court concluded the borrowers’ testimony regarding the collection calls, viewed in a light most favorable to the non-movants, was sufficient to withstand summary judgment. The court also found that the question of whether Servicer “maintained procedures reasonably adapted” to avoid violations of the FCRA was a question for the jury and not properly disposed of on summary judgment.Thirdly, the Circuit Court reversed the grant of summary judgment for the servicer on the breach of contract claim. Although the Circuit Court agreed with the district court that “emotional distress damages [were] not cognizable as to the breach of contract claim,” the court explained the servicer’s failure to timely correct the misreporting on the second mortgage could have resulted in other damages such as “adverse financing terms” in connection with the borrowers’ purchase of two automobiles prior to the servicer correcting its misreporting. The court surmised the merit of the borrowers’ breach of contract claim and whether the borrowers could establish damages from that breach was to be determined by the jury and not properly disposed of on summary judgment.Lastly, the Circuit Court vacated “the award of attorney’s fees to [the borrowers] so that the district court [could] recalculate those fees at the conclusion of the litigation.” The court remanded the matter for trial and set the floor for a fee award at $94,000 reasoning that the district court had calculated that number, “in part, on the fact the borrowers’ prevailed on only one claim” but they may prevail on additional claims at trial thereby entitling them to additional fees.This detailed holding provides helpful insights into best practices for servicing a loan in default where the default is resolved through settlement. While this article is not intended to be giving legal advise, below is a list of suggested practices extrapolated from the Circuit Court’s holding:SETTLEMENT AGREEMENTS: Ensure those responsible for complying with a settlement agreement understand the terms of the agreement and know what is required for full compliance. Where possible, incorporate clear requirements into an agreement and avoid terms such as “as soon as reasonably possible.” Phrases such as these are subject to interpretation and create confusion and/or conflicting expectations of the various parties. Where deadlines are clearly articulated in an agreement, do not delay in complying and understand that courts will consider “the spirit of the agreement” when evaluating whether a party complied with a particular provision.SYSTEM ENTRIES: When settlement is reached, make redundant entries into multiple systems clearly indicating the parties reached a settlement. Create and implement a procedure that details the various steps required when settlement is reached and make the procedure known and understood to the appropriate staff. Include the primary aspects of the settlement agreement in system entries and reference where additional information about the settlement can be obtained. Provide information about the department involved in the settlement negotiations, and the name of at least one point of contact. Have a policy in place to ensure this information is updated in the event of staffing changes. If the specifics of the settlement are to remain confidential, note “CONFIDENTIAL SETTLEMENT REACHED” in all systems. Again, reference a point of contact and where additional information can be obtained.CREDIT DISPUTES: Upon receiving notice of a credit reporting dispute, conduct a thorough investigation. This should include the review of system notes and documents, but also a thorough review of the information submitted by the borrower. If there is a discrepancy between the system notes and information from the borrower, especially significant facts that were omitted such as a reference to a lawsuit or settlement, investigate further. Seek assistance from or refer the matter to a litigation specialist within your company. Importantly, you should not reach out to the borrower for clarification until there is confirmation he or she is not represented by counsel. 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vzphotos/iStock(NEW YORK) — It’s still anybody’s guess as to who will win the Oscar for best picture Sunday night, but many oddsmakers are predicting it’ll be the World War I drama “1917.”Written and directed by Sam Mendes, who is also up for best director and best original screenplay, “1917” tells the story of two British soldiers faced with a seemingly impossible task: cross into enemy territory to deliver a message calling off an attack. If they’re unsuccessful, 1,600 will die, including the brother of one of the main characters.“1917” has an 89% approval rating on the criticism aggregation site Rotten Tomatoes, and according to Box Office Mojo, has earned more than $253 million worldwide since it was released last December. (It went wide on Jan. 20.)Already the winner of the Golden Globe for best dramatic motion picture and best director, here are a few other things you need to know about the film.1. It’s based on personal stories: Mendes told ABC News at the Oscars luncheon last month that the story is based on tales his grandfather told him when he was a child. “It was me and my cousins pestering him, thinking we were going to hear stories of heroism and bravery and how he won his medals and it was going to be cool, and instead, he turned around and told us stories of absolute chaos and the randomness of how thin the line was that separated him, who stayed alive, from his friends who all died alongside him,” Mendes said. “He told one very memorable story of dragging a man back through no man’s land who was pleading with him to leave him there saying, ‘I’m dying. Don’t pick me up. Save yourself.’ But, my granddad dragged him back on his own back. And when he put him back down in the trench, when he finally reached the end of the journey, he laid him down and realized that he was already dead and he had been shot while he was being carried. But had he not been carrying this man, he himself would have received the bullet. So he was effectively carrying a human shield.”“You never know, as a storyteller, or as a filmmaker, what’s going to grab you or not let you go,” he continued. “And this wouldn’t let me go.”2. It doesn’t look like anything else: “1917” earned 10 Oscar nominations, more than any other film, including best picture, best director for Mendes, and best original screenplay for Mendes and Krysty Wilson-Cairns. Many critics believe Mendes has a great shot at best director, largely because of how the film was shot. “I always felt once I had decided that it was going to be two hours of real-time, that the story was going to be told in a very, very condensed time period. It seemed a natural thing to not have any cuts,” Mendes said. “For me, the process of editing very subtly and in tiny ways can take you out of a sense of real time, a sense of believing that these people are crossing a landscape and that you’re living and breathing with them. You’re experiencing every second passing in what is effectively a race against time and you’re watching them take every step and you’re going to have to take it with them. So, it felt like a way of locking in the audience with the characters so they couldn’t escape.”3. The cast and crew prepared for a very long time: Mendes told ABC News that pre-production was “very lengthy and very detailed.” “Every step of the journey had to be constructed. Every trench had to be measured, the exact length, every orchard, every farmhouse, every town street had to be exactly the right length of the scene because there was no way of cutting distance or jumping time,” he explained. “There were some pretty absurd occasions when it was just me in a field with the script, trying to say the lines at the speed at which I thought they were going to be spoken. Or even in one case, just running and throwing myself to the ground and getting up and running again for another 40 yards. And the frame was hooked down again.” Ultimately, he said they built more than a mile of trenches, which was “very exhilarating to watch it just grow and grow and grow.” Meanwhile, the actors did historical research, traveled to France and examined the original sites, he said.4. Some unscripted moments made the final cut: While much of the film was meticulously planned, plenty of it wasn’t. “At the end, if you’ve seen the movie, Schofield, played by George MacKay, has a final run and he gets knocked off his feet, not once, but twice, neither of which were planned,” Mendes said, adding that they were often left to contend with the elements, too. “I said, ‘If… you get knocked off your feet, just get up and keep going and we’ll see what happens.’ I always said to them, ‘Just remember, it’s not you slipping in the mud, it’s your character slipping in the mud. It’s not you. If you fumble over a line, it doesn’t matter.’”5. It took a while for Mendes to realize what a success it was: A passion project from the start, Mendes wasn’t sure that “1917” would resonate with audiences until it began previews. “There’s a particular kind of energy that exists in the room when something is really gripping an audience, and … after about half an hour, I thought, ‘They’re with this,’” he recalled. “All this awards season hoopla is great and it’s a wonderful thing for everyone who’s involved in the movie, but at the end of the day, what matters most to me is that audiences turn up to see this in the movies. Given the fact that it’s a very big, ambitious film, it’s not a franchise. There’s no existing IP, and it doesn’t have two giant stars in the leads.”“And so the fact that it’s connected with audiences is incredibly moving,” he continued. “Having lived with it for two years and lived and breathed it every second for that time, to watch it then take off and people embrace it has been a great thing.”Copyright © 2020, ABC Audio. All rights reserved.
ABC News(NEW YORK) — A frontal system will move into the western United States this weekend and it will bring a couple of areas of mountain snow and rain to the Pacific Northwest.The snow should remain rather light, but 2 to 4 inches will be possible in parts of northern California and parts of Oregon on Saturday. This could cause a few areas of slippery travel in the region.Some enhanced mountain snowfall will be possible Saturday in part of the Sierra Mountains, where locally up to 10 inches will be possible.This system will then move eastward on Sunday into parts of the northern Rockies, and bring areas of snow showers to the intermountain west. By Monday, another impulse will sneak in from the south and bring light rain over parts of the Central Great Plains and Mississippi Valley.At this time, it appears the rainfall should remain relatively light and should not cause any concerns for renewed flash flooding in the South.The next notable weather concern comes to California early next week. Beginning late Monday and lasting through the first few days of the week, a more robust and organized storm will track towards Southern California.This storm could bring the first significant rainfall of the season to parts of California. Locally, 2 to 4 inches of rain will be possible in the region, along with strong wind gusts over 45 mph.This will come after an exceptionally dry January and February in Southwest California. The National Weather Service in Los Angeles said it was one of the driest January and February’s on record for the area. Most parts of the region received less than 5% of their average rainfall totals.Meanwhile, much of the Midwest and parts of the eastern U.S. will see spring-like temperatures over the next few days. Temperatures could be 10 to 25 degrees above average Saturday in parts of the central High Plains. Some of that warm air will then slide eastward.Temperatures are expected to rise into the 60’s in Chicago, Washington D.C. and New York City over the next few days. There is some possibility, that 70 degrees will be possible in parts of the mid-Atlantic on Monday. Copyright © 2020, ABC Audio. All rights reserved.