Fri, Aug 29 2008

Published: December 09, 2007 11:40 am    PrintThis  

Saving the ranch: As foreclosures mount, help may be on the way - if you're luck

By Bill Kirk , Business Editor
Eagle-Tribune

You're not alone.

That's the message from federal, state and local government agencies, as well as some area nonprofits, to homeowners facing the loss of their homes due to bank foreclosure.

Furthermore, say state and federal regulators, a host of bills that have been approved, or are in the pipeline, will end predatory lending.

Some in the industry, however, say what's been proposed won't do much to keep millions of homes - including thousands in Massachusetts and New Hampshire - from being seized for non-payment of mortgages.

The most recent effort to stem the tidal wave of foreclosures came Thursday, when the Bush administration announced its plan to freeze interest rates for five years for thousands of strapped homeowners whose mortgages were scheduled to rise in the coming months.

The proposal was developed in negotiations with the mortgage industry that were led by Treasury Secretary Henry Paulson. The proposal freezes introductory "teaser" rates on subprime mortgages, preventing them from resetting to higher rates for five years.

White House deputy press secretary Tony Fratto said it will help "potentially a little more than a million" people who can afford payments with their introductory rates, but not if they jump to higher rates.

Fratto said it was voluntary and did not represent federal intrusion into the private market. Those comments were aimed at countering criticism from conservatives that the administration is violating its free-market principles by pursuing a government solution to the mortgage crisis.

People involved in the mortgage industry say the Bush plan is a good start, but still doesn't go far enough to help the millions of people keep their homes.

Seeking solutions

Bruce Marks, CEO of the Neighborhood Assistance Corporation of America, or NACA, a nonprofit agency that offers low-interest mortgages to low-income people across the country - including hundreds in Lawrence - said Bush's plan "sets a precedent for across-the-board freezing of interest rates. That's important. This administration would never have considered that if they didn't recognize this as a crisis. But it does not go nearly far enough."

Marks said NACA is one of the few agencies that has been successful working with private lenders to solve mortgage problems before they enter the foreclosure process.



In fact, in October NACA announced that it would be helping customers of mortgage giant Countrywide Financial work out loan problems to prevent foreclosures.

"That's the standard," Marks said. "That agreement is unbelievable. We look at what the borrower can afford and restructure the loan to meet that monthly payment."

He said NACA is processing "hundreds of restructures" and that people are going from adjustable-rate mortgages with high monthly payments to fixed-rate mortgages of 5 to 6 percent and lower monthly payments.

"It's about saving the home," he said.

Meanwhile at the state level, Massachusetts Gov. Deval Patrick earlier this year announced a $250 million plan funded by the Mass. Housing Finance Agency and Fannie Mae to offer help to eligible homeowners facing foreclosure.

So far, according to agency spokesman Tom Farmer, only 30 state residents have been deemed eligible for the program and just eight are on track to receive assistance.

One problem, Farmer said, is that it is very difficult to find people who qualify and who can get the lender to renegotiate the original terms of their mortgage.

"For some folks, they are either too far delinquent, or their credit scores are so low they won't be able to refinance to anything," he said. "We can't make a loan to someone who we don't think can pay it back."

And because the program targets victims of predatory lending, a tremendous amount of time and paperwork is needed to prove that predatory lending actually took place, further delaying the process for some applicants.

Punishing the lenders

The state has other initiatives, too.

Late last month, Patrick signed a bill - written by Sen. Susan C. Tucker, D-Andover, and Rep. David Torrisi, D-North Andover - to improve state oversight of the lending industry while providing resources for people at risk of losing their home.

The law requires people to receive financial counseling before agreeing to a subprime mortgage. It also gives homeowners a 90-day window to catch up on their mortgage and halt foreclosure proceedings.

Tucker said the new law is meant to end abusive lending practices but won't help everyone.

"The intent of our legislation was to put a halt to the whole game that created this crisis," Tucker said. "The bill is not a rescue plan."



New Hampshire lawmakers have filed similar legislation that would require all loan originators - or mortgage salespeople - to be licensed by the state so that they can be tracked as they go from one brokerage to another.

Under the proposal, according to Peter Hildreth, commissioner of the New Hampshire Banking Department, if the loan originators engaged in illegal or fraudulent practices, "we could revoke their license, fine them or ban them from the business."

The state law would work in conjunction with a nationwide database of licensed mortgage originators.

"When fully operational, it would hold the disciplinary history of these originators," he said. "If someone wants to be licensed in New Hampshire, we can check if they've been licensed somewhere else."

Nonprofits lend a hand

But even Hildreth admitted that these kinds of laws are designed to prevent future abuses, not solve the existing problems.

While big nonprofits like NACA are helping some homeowners stave off foreclosure, many smaller, local groups also have waded into the mortgage mess.

Andrea Ryan, housing manager for the Lawrence Community Development Department, said her office has held several mortgage workshops and referred dozens of callers to local agencies like Arlington Community Trabajando or Lawrence Community Works for additional help.

Arlington Community Trabajando has helped about 50 homeowners rework their mortgages - some more successfully than others, according to Ana Luna, director of the agency located at 599 Canal St. in Lawrence.

"A couple of people have been able to get into payment plans that are affordable to them so they can continue living in their homes," she said. "One man renegotiated a loan, saving over $20,000."

She said her agency has counseled about 45 people and that "many of them decide their financial situation is not going to improve, so they put the house on the market or transfer their home to a family member who can take over the loan."

"We wish it was more, but some people come in late in the game," she said. "If they are so close to foreclosure, it's hard to go back."

She said that with some 700 properties in Lawrence at risk of foreclosure, she is concerned that her group has only been able to help a handful. However, she thinks there may be hope on the horizon.



"Lenders are getting the point - if they don't negotiate with the homeowner, they aren't going to get anything else," she said. "Because nobody is buying these properties. They are noticing that's the only way to go. It's better to have a loan for 30 years and get the interest than to have a house sitting on the market for over a year."

Staff writer Ed Mason contributed to this story.

Material from the Associated Press was used in this story.

Who to call for foreclosure prevention help

* National and Massachusetts hot line: Hope Now, or Homeownership Preservation Foundation - a cooperative effort among counselors, investors and lenders: 888-995-HOPE (888-995-4673);

* New Hampshire Homeowner Hotline: 1-800-437-5991;

* Lawrence Housing Partnership, Lawrence Community Development Department: 978-794-5891;

* Haverhill Community Development Department, 978-374-2344;

* Arlington Community Trabajando, 978-685-6274;

* Lawrence Community Works, 978-685-3115;

* Community Teamwork Inc. (CTI), Lowell, 978-459-0101;

* Methuen Arlington Neighborhood Association, 978-691-5645;

* Neighborhood Assistance Corporation of America, 978-687-3993.

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