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subprime mortgage lenders say many won't be helped by foreclosure delay

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Lenders say many won't be helped by foreclosure delay

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By JAY LINDSAY Associated Press Writer found at telegram.com Tuesday, May 1, 2007


BOSTON—
Some on the brink of losing their homes will benefit from the foreclosure delays advocated by Gov. Deval Patrick, but many are so financially troubled that a delay won't make a difference, the state's top lenders association said Tuesday.

Despite their portrayal by some housing advocates as "predators," subprime mortgage lenders want to help homeowners find better loans because they also lose money on foreclosures, said Kevin Cuff, executive director of the Massachusetts Mortgage Bankers Association.

But by the time many cases reach the foreclosure stage, it's often too late, "whether we wait 60 days or not," said Cuff, whose trade group represents about 300 lenders.

Patrick should use his influence to bring the nation's largest lenders, which hold loans on much of the state's foreclosed properties, into discussions on how to address the state's high numbers of foreclosures, Cuff said.

The state had a record 19,487 foreclosure filings last year. Last Wednesday, Patrick announced a plan to lower the foreclosure rate that would include making mortgage fraud a criminal offense and prohibiting abusive foreclosure rescue schemes.

The next day, Patrick met with Bruce Marks, head of the Neighborhood Assistance Corporation of America housing advocacy group, and about 24 people in danger of losing their homes. After the meeting, Patrick instructed the state's banking commissioner to seek, on a case-by-case basis, foreclosure delays from lenders for homebuyers who file a complaint about their mortgages.

The state has no power to force lenders to negotiate new terms.

"We hope the lenders will give us the time and work with us to see if there are any homes we can save," said Kofi Jones, spokeswoman for the state Executive Office of Housing and Economic Development.

The subprime lending market, aimed at people with poor credit histories, helps people obtain a mortgage with little or no money down, but generally with interest rates that are high or increase sharply after a short period.

Marks said subprime lenders target people they know can't pay the mortgages in order to profit from the numerous fees. Cuff said millions of people who wouldn't otherwise be able to afford a home now have one because of subprime loans.

Patrick has been criticized for his work with ACC Capital Holdings, parent of the national mortgage company Ameriquest, which has been accused of predatory lending practices. Patrick, a former member of the board of directors of ACC, has said he tried to correct problems at Ameriquest, but his job there has surfaced in the recent debate.

Cuff said anti-foreclosure advocates have a sympathetic ear because of Patrick's ties to Ameriquest. House minority leader Brad Jones, R-North Reading, said Patrick may be trying to politically get out in front of an issue that has dogged him.

"Given the history, it's certainly a situation where you don't want to be accused of being behind the curve on what some people think you may have been able to do," he said.

Patrick spokesman Kyle Sullivan said the governor's efforts to help people facing foreclosure predate last week's announcements "by nearly two decades," including work as a private lawyer and chief of the Civil Rights Division in the U.S. Justice Department.

"The Gov. is trying to assist families in the midst of personal financial crises," he said.

Rep. Jones also warned of unintended consequences of costly delays, such as mortgage companies reluctant to do business in Massachusetts, or quicker to start foreclosure proceedings.

John Battaglia of The Cambridge Mortgage Group, a housing lender, said he applauded Patrick's efforts, but said it will be a daunting task for the state to determine which complaints have merit and which are just trying to take advantage of the extra time.

The state has received 35 complaints since Patrick's announcement since Thursday. Kofi Jones said each will be looked at individually so people who truly need help get it.

"We're hoping to provide a little relief for those families who are facing a very daunting possibility," she said.

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