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.