Wednesday, May 6, 2009
Mortgage Meltdown: Ruling buys troubled homeowners tim
Wednesday, May. 06, 2009
Homeowners facing foreclosure could get a little extra time to work out a new payment under a ruling Tuesday by the S.C. Supreme Court.
But if borrowers can’t afford a reasonable mortgage payment, their homes still will be headed for the auction block, said Rhonda Marcum, executive director for the Mortgage Bankers Association of the Carolinas.
The court agreed to suspend until May 15 foreclosures on homes in South Carolina whose loan servicer has agreed to participate in a federal modification program. President Barack Obama rolled out a $75 billion mortgage relief plan in February designed to keep up to 9 million Americans out of foreclosure.
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The decision halts legal proceedings on all homes undergoing foreclosure.
South Carolina has an estimated 6,291 homes in some stage of foreclosure, said Rick Sharga, senior vice president for RealtyTrac, a foreclosure listing service.
It’s unclear how many of the homes would be eligible for the federal restructuring program.
Freddie Mac and Fannie Mae, which requested the injunction, had suspended foreclosure proceedings nationwide through March to give lenders a chance to work with homeowners who might qualify for the program.
The request for a ruling in South Carolina was because of an unusual state law.
South Carolina’s temporary suspension is designed to give servicers more time to evaluate homeowners’ circumstances before approving a modification.
“Doing a modification that’s not going to help the consumer doesn’t stop the bleeding; it just slows it down,” Marcum said.
Studies have shown that as many as 50 percent of loans that are modified end up in foreclosure again, she said.
If a homeowner has lost all income and has no prospects for employment, they likely would not be approved for a restructured loan, she said. But if someone loses a job and has a spouse still working, they potentially could cut expenses enough to afford a reduced mortgage payment.
“A payment has to be factored into what the consumer can realistically pay,” Marcum said.
Fannie Mae asked for the injunction in South Carolina, said spokesman Brian Faith, because the state has a rule that allows judges on a county-by-county basis to set aside foreclosure proceedings if too much time passes between a foreclosure judgment and a foreclosure sale.
Judges can make all parties start the process over from the beginning, which costs more for everyone involved, Faith said. He said South Carolina is the only state he is aware of that has this rule so Fannie Mae will not be seeking similar rulings in other states.
Dave Whitener, a real estate lawyer and adjunct professor at the University of South Carolina School of Law, said he had never heard of judges using that rule and that it doesn’t make logical sense since it would add extra work.
Whitener applauded the Supreme Court for taking the action to suspend foreclosures to give struggling homeowners extra time to work out a modification plan.
“Our Supreme Court is saying, ‘Let’s slow this train down until we make sure whether or not these people can be protected,’” Whitener said. “I think that’s very impressive.”
Reach Rupon at (803) 771-8308.
South Carolina Supreme Court halts thousands of home foreclosure sales
By MEG KINNARD, The Associated Press
Wednesday, May 6, 2009
COLUMBIA, S.C. (AP) — South Carolina's highest court on Tuesday temporarily stopped thousands of pending foreclosure sales in the state to give homeowners more time to take advantage of a new federal program to help them refinance mortgages.
The injunction — which mortgage experts said appeared to be the nation's first court-ordered stop for an entire state — prevents judges in South Carolina from finalizing foreclosure sales on properties guaranteed by Freddie Mac, Fannie Mae or any other mortgage company that has signed on to a federal assistance program.
RealtyTrac Inc., a foreclosure listing firm, says the ruling could affect 5,000 South Carolina homes facing foreclosure.
The ruling was in response to a request from a Columbia attorney representing Fannie Mae, who had argued that it was necessary to keep homeowners who might be eligible for federal assistance from being shut out of the process.
"Absent the injunction, mortgagors eligible for relief ... could be denied their right to participate because their property was sold at the foreclosure sale," lawyer Ronald Scott wrote in his three-page motion. "This qualifies as irreparable injury for which the court should provide redress in the form of a temporary injunction."
Fannie Mae said the ruling was necessary because of a South Carolina law meant to ensure that foreclosures sales are conducted in a timely fashion. Under the law, judges can cancel a foreclosure case and start over if the sale is delayed for too long.
The company argues that South Carolina's law gives lenders an incentive to speed up foreclosure cases because of the threat the process could be restarted, which would cost lenders more money.
"This ruling will allow us the flexibility to evaluate problematic mortgages in the state for possible eligibility for the (Obama) Administration's modification program and reduce the overall borrower and company costs associated with the foreclosure process," Fannie Mae said in a statement.
The Obama administration announced a plan in March to provide $75 billion in incentives for the mortgage industry to modify loans to help borrowers avoid foreclosure. Freddie and Fannie also rolled out a refinancing program for homeowners who owe up to 5 percent more than current total value of their home with an application deadline of June 2010.
Scott had asked the court to address about 1,000 South Carolina homes facing foreclosure and backed by Fannie Mae loans. But in her order, state Supreme Court Chief Justice Jean Toal expanded the stoppage to foreclosures backed either by Fannie or Freddie — together, the government-controlled companies own or guarantee almost 31 million mortgages, more than half of all U.S. home loans — or any other lender who has agreed to participate under the Obama administration's plan.
Toal also set a May 15 deadline for plaintiffs in foreclosure actions to notify other parties if the loan is subject to modification under the federal program. If it is, those foreclosure proceedings will remain on hold. But if not, the sale can go forward.
Fannie Mae and Freddie Mac had suspended foreclosure sales through the end of March to evaluate whether borrowers could qualify for the Obama program.
A spokesman for Freddie Mac, Brad German, said Tuesday the South Carolina ruling was the first he'd heard of in the country by a court with statewide jurisdiction.
"We're not aware of anything like this, anywhere else," German said.
Nationally, the number of homes facing foreclosure grew 24 percent in the first three months of this year from a year earlier. The total in 2008 was 2.3 million households that received foreclosure filings. In South Carolina, more than 13,700 homes are in some stage of foreclosure, according to RealtyTrac Inc., a foreclosure listing service in Irvine, Calif.
RealtyTrac spokesman Daren Blomquist also said the ruling appeared to be a first.
"There have been some piecemeal things, but nothing that broad statewide," Blomquist said.
Associated Press Writers Katrina A. Goggins and Alan Zibel contributed to this report. Zibel contributed from Washington.
On the Net:
* Making Home Affordable program: http://www.makinghomeaffordable.gov
Copyright © 2009 The Associated Press. All rights reserved.
Saturday, May 2, 2009
All out for People’s Summit in Detroit
All out for People’s Summit in Detroit
By Workers World Detroit bureau
Published Apr 30, 2009 7:28 PM
Organizing for the June 14-17 People’s Summit and Tent City in Detroit is building fast. A planning meeting April 25 was attended by representatives from a broad base of progressive organizations. They included the Autoworkers Caravan, which has been in the forefront of challenging the massive attacks on auto workers’ wages and benefits; the Moratorium NOW! Coalition to Stop Foreclosures and Evictions; disabled activists from Warriors on Wheels; Call ’Em Out; the Michigan Welfare Rights Organization; the Detroit Coalition Against Police Brutality; and the National Lawyers Guild. Two UAW members from Toledo, Ohio, also attended.
The People’s Summit in Grand Circus Park will be an opportunity to link the struggles challenging the war on poor and working people, and to put forward a program for jobs, universal health care and a moratorium on foreclosures and evictions, as well as full rights for oppressed nationalities, immigrants, people with disabilities, women and the lesbian/gay/bi and trans communities.
Segments of the summit will be devoted to demonstrations targeting specific struggles such as the massive threats on auto workers. There will be a moratorium on evictions during the People’s Summit as organizers will participate in flying squadrons to aid individuals facing the hated dumpsters and bailiff evictions.
The People’s Summit is a direct challenge to the convening of big-business representatives at the National Business Summit scheduled for June 15-17. That event has been moved from Ford Field to the Detroit Marriott Renaissance Center due to lower than expected registrations. More than 40 executives have agreed to speak at this gathering, which is to be co-chaired by Ford Motor Company executive head Bill Ford and Dow Chemical chief executive Andrew Liveris. Other participants will include corporate representatives from Conoco-Phillips, General Motors, Chrysler, Humana, Inc., and the presidents of the National Council of Competitiveness, the U.S. Chamber of Commerce and the National Association of Manufacturers.
Exciting developments were announced at the April 25 meeting, including the posting of a new video promoting the People’s Summit on YouTube. Participants discussed logistics and other components of making the four-day event a success. Organizers are out leafleting progressive events leading up to the summit, including May Day activities in Detroit.
The People’s Summit is receiving a solid response nationally from activist organizers who see Detroit as “ground zero” or the “Katrina” of the economic collapse. The call for the summit is posted on numerous progressive list serves and Web sites. The national Bail Out the People Movement and the National Poor People’s Economic and Human Rights Campaign are among a growing list of endorsers.
Donations for the People’s Summit are being solicited. Checks or money orders payable to the Moratorium NOW! Coalition/People’s Summit can be sent to 5920 Second Avenue, Detroit, MI 48202. The next organizing meeting will be held on May 9 at 2 p.m. at 2727 Second Ave. in Detroit. Call 313-887-4344 or visit www.moratorium-mi.org for more information.
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Friday, May 1, 2009
5,000 rally in Detroit for immigrant rights
Photo-BRIAN WIDDIS/Special to the Free PressA rally for immigration rights flows down Vernor Friday morning, May 1, 2009. The march started at Patton Park and followed Vernor to Clark Park through Detroit's Mexicantown neighborhood.
By Niraj Warikoo
Free Press Staff Writer
from Detroit Free Press, May 1, 2009
Waving Mexican and U.S. flags, thousands of immigrants and their supporters rallied in southwest Detroit today for immigrant rights.
Rally organizers called for comprehensive immigration reform that would offer a path to citizenship for legal and illegal immigrants, and for an end to deportations that they say separate families.
Over the past four years, the number of deportations in Michigan and across the U.S. has sharply increased.
For fiscal year 2008, 7,514 illegal immigrants in Michigan and Ohio were deported, compared to 4,144 in fiscal year 2007, an 81 percent increase. Compared to 2005, when 2,243 illegal immigrants were deported, that’s a 235 percent increase.
The rally started at Patton Park and ended at Clark Park in the heart of the Mexican-American community. Ralliers held up placards that read “Stop the Raids,” “Legalize Hard Work,” and “No Human is Illegal.”
“We need a more humane approach to immigration reform,” said Rosendo Delgado, a co-organizer with Latinos Unidos. This is the fourth annual immigration rally in Detroit. It was smaller compared to previous years when Congress was considering bills that would crack down on illegal immigration.
Detroit police estimated today’s crowd at 5,000 to 7,000.
Jhonatan Ferrer, 19, of Dearborn Heights said many illegal immigrants “live in the shadows of society” and need a path to citizenship so that employers and others can’t take advantage of them. Right now, Ferrer said, “they have no rights.”
Others expressed concerns about deportations and its affect on immigrant communities.
Khaalid Walls, a spokesman for Immigration and Customs Enforcement, the government agency that oversees deportations, said the government has “increased strategic enforcement efforts to identity and remove criminal and fugitive aliens.”
Contact NIRAJ WARIKOO: nwarikoo@freepress.com
Sunday, April 12, 2009
Hitting the Pause on Foreclosures
from Color Lines
Before she was evicted from her own home, Kendra Washington took a walk around her Detroit neighborhood. She found an empty home and decided to squat with her two children. “I refused to get my kids put out on the street,” said the single mother who moved into a vacant Housing and Urban Development house.
After government officials came knocking at Washington’s door, attorney Jerry Goldberg, a long-time civil rights activist, persuaded them in court that it was in the government’s interest to let Washington and her children stay. He argued that Washington had made improvements to the house and so maintained its value. Without her efforts, he explained, the house would have been vandalized.
Washington got to stay.
“In the 30s, there were organized committees all over the country, block by block. The sheriff would come and evict a family. After he left, they moved people back in. The moratorium was won on the streets.”
In the last year, Goldberg and his staff at Moratorium NOW!, a coalition of activists and union and religious leaders, have brought at least 50 cases to courts in Detroit on behalf of homeowners. They have been fighting to save homes literally one house at a time through picketing at the banks and legal action. Some of the people impacted are senior citizens with fixed incomes and also with medical conditions that have drained their savings. The houses have belonged to them for more than 20 years.
“We believe they have a right to a home and we defend their right to stay,” Goldberg said.
Some politicians agree. A new bill introduced in Michigan’s state legislature would create a two-year moratorium—making it the lengthiest moratorium in the nation.
According to Goldberg, in many of his cases, people have been able to stay in their homes because he showed that the foreclosure was violating federal law like the Housing and Economic Recovery Act of 2008 (HERA), which was approved last July. The law requires financial institutions to modify default mortgages when this will result in a greater recovery of their value than a foreclosure.
“We argued that the loan modification would add a greater value to the property than the foreclosure will,” he said.
In the cases of low-income homes insured by the Federal Housing Administration, Goldberg and his team have shown in court that the government hasn’t played by its own rules.
Homeowners in danger of being evicted are supposed to get the chance to stay in the house through a lease agreement. But many homeowners are finding their requests to stay in the home denied, said Goldberg. Instead, the Federal Housing Administration has been paying the mortgage companies the full value of the house after it foreclosed, he added.
They don’t always win in court though.
“When we don’t have good luck through the courts, we have good luck through the streets,” said Goldberg.
On at least six occasions, the coalition has picketed outside homes or banks just before people were about to be evicted. This is often the last resource when the actions can’t be fought in court because there’s no legal basis, Goldberg said.
On one occasion, a 78-year-old woman was able to get a new loan to stay in her home after the group picketed outside the bank Countrywide. The new loan allows her to stay in her home of 42 years.
•••
Washington made payments on her home of a decade for as long as she could after a foot surgery caused her to lose her $40,000 a year job. The lender wasn’t willing to lower her payment on the $150,000 mortgage. As her savings ran out, Washington watched homes in the neighborhood being sold for as little as $500.
Michigan has been hit by a severe economic downturn for the last decade. It has lost half a million, mostly union, industrial jobs in the last five years. The crisis struck Detroit before it did the rest of the nation, and the sub-prime market of predatory lending completed the job. In Detroit, the average medium sales price for a home these days is $6,237, according to data from Multiple Listing Services. One in every 137 homes in Michigan is facing foreclosure.
“Our business is to sell foreclosed homes,” said Carl Williams, chief executive of the Saturn Group. His real state company has sold at least five houses for $1 with buyers paying the realtor’s commission.
“When the properties get evicted, the homes are immediately stripped and vandalized, losing all their value, tearing down the fabric of the community,” said Goldberg.
more
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Thursday, April 2, 2009
March and Rally - May 1, 2009
March and Rally
Friday
May 1, 2009
10 AM
Gather at W. Vernor & Woodmere (Patton Park), Detroit
March down Vernor to Clark Park for outdoor rally at noon
Initiated by Latinos Unidos
Lost your job? Losing your home?
Blame the rich, crooked bankers and mortgage lenders NOT immigrant workers!
read more
DEMAND:
* Jobs at a living Wage
* Passage of the Employee Free Choice Act
* Health care for all
* Housing
* Education
* An end to raids and deportations
Read more!