Lantigua, others seek six-month moratorium on foreclosures
BOSTON — With more homeowners falling behind on mortgage payments, Rep. William Lantigua, D-Lawrence, and a group of lawmakers are proposing a six-month moratorium on foreclosures.
The proposed moratorium is among three bills unveiled yesterday aimed at providing relief in a mortgage climate that has so far resulted in more than 800 foreclosures in Lawrence alone.
A second bill would let tenants live in foreclosed properties for one year.
The third would allow homeowners to contest their foreclosures in court. It is similar to laws in 29 other states, including Maine, Connecticut and Florida.
The legislation would establish a six-month moratorium on foreclosures of certain types of sub prime loans — mortgages made to people with poor credit histories — deemed abusive. Those include loans with low introductory teaser rates that dramatically increase, interest-only loans, or loans approved without regard for the borrower's ability to repay them.
During the moratorium, a homeowner would continue to make payments while trying to renegotiate with the lender a manageable monthly payment.
In November, Gov. Deval Patrick signed into law legislation addressing the state's foreclosure crisis, which requires stricter oversight of lenders, funds home buyer education programs, and gives borrowers a 90-day window to catch up on payments before foreclosure proceedings.
Since the law was passed, foreclosure proceedings for more than 600 homeowners statewide were delayed, an administration spokeswoman said.
Lantigua and others said the Patrick bill doesn't go far enough.
Rising foreclosures and a slumping home market have led to an increasing number of vacant homes. There are more than 800 foreclosed homes in Lawrence, the third-highest total statewide.
Lantigua said all three measures are important to stabilizing the Lawrence housing market and keeping the city on a path to revitalization. He said a great number of the foreclosed homes are vacant and targeted by vandals and thieves.
"Homeownership brought Lawrence back," Lantigua said. "If we start losing one tool we have, we'll go back to where we were years ago."
Rep. Anthony Verga, D-Gloucester, also backs the stricter tenant protections. It's unfair when tenants get caught up, he said, and throwing them out of their apartments destabilizes neighborhoods.
"You screw up a whole community wholesale when that happens," Verga said.
He also said he's open to supporting the moratorium.
"I really wish they'd be patient and give people an opportunity to work out an agreement," Verga said. "But if what it takes is a moratorium, then why not."
Foreclosures rose 65 percent in Essex County in 2007, according to ForeclosuresMass.com.
Rising interest rates on sub prime loans helped trigger the foreclosure crisis. The loans came with adjustable rates, which homeowners could not afford. As the housing market cooled, homeowners could not sell their homes or refinance them when the loans were worth more than the property.
State legislation could complement local action to lessen the impact of the crisis.
In Methuen, the city treasurer is examining late property tax payments to find struggling homeowners before they reach foreclosure. The Lawrence City Council, meantime, passed a law requiring banks to register foreclosed properties. Banks are fined for not keeping up properties that have not been sold to new buyers. Methuen is considering a similar proposal.
Some local lawmakers, though, are concerned about approving such sweeping legislation.
While acknowledging the severity of the problem, Sen. Susan Tucker, an Andover Democrat who co-chairs the Legislature's Housing Committee, said she'd prefer programs that help nonprofit organizations purchase homes at risk of foreclosure, with help from the government, rather than a moratorium that could scare away lenders.
"We can't afford to lose any lenders," Tucker said. "We need the credit (so people can buy homes)."
Rep. Bradley Jones Jr., R-North Reading, pointed out that lawmakers left out a moratorium provision in the foreclosure bill that became law in November. Jones questioned whether lawmakers should again look at getting too deeply involved in the mortgage business.
"I get very nervous when we take steps to interfere in the marketplace," Jones said.
Lantigua, however, warned, that without action, the crisis would spread.
"It's a problem coming to your community sooner or later," Lantigua said.
At the Statehouse yesterday, John Taylor, president and CEO of the National Community Reinvestment Coalition, predicted there will be 1 million foreclosure petitions nationwide over the next four months. In Massachusetts, the number could be as high as 50,000 to 60,000 petitions during the same period, he said.