Foreclosuregate Update: Democrats introduce bills to target foreclosure fraud

Posted by AzBlueMeanie:

House Democrats touted legislation on Monday as part of a package of foreclosure-related bills they dubbed Homeowner Relief for a Strong Future. Arizona lawmakers tout bills for homeowner relief:

Rep. Debbie McCune Davis, D-Phoenix, wrote House Bill 2383, which would require lenders to respond within 30 days to a borrower's inquiry and forbid the foreclosure of a home under a loan-modification negotiation.

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Among the nine bills were measures that would allow homeowners facing foreclosure to remain in their homes as renters under certain conditions and another that would give homeowners 60 days to leave foreclosed homes.

McCune Davis said the plan, which includes three bills she wrote, would help address Arizona's challenges created by foreclosures.

None of the bills had been scheduled for committee hearings, and some had yet to be assigned to committees.

"Having judges verify that lenders followed proper procedures before foreclosures would protect homeowners from misrepresentations and fraud. Too often, said Rep. Debbie McCune Davis, D-Phoenix, lenders misrepresent the position and options available to homeowners behind on mortgage payments."

"We have to hold abusive mortgage providers accountable for their unethical practices that are resulting in the problems that we're seeing today," she said.

The House Democrats' press release includes information the Arizona Republic glossed over in favor of the obligatory "fair and balanced" statement from a real estate expert who dismissed the need for legislation (riiight):

House Democrats unveil Homeowner Relief for a Strong Future

STATE CAPITOL, PHOENIX – House Democrats announced on Monday a homeowner relief package to hold government accountable at a time when the state again ranked second in the nation this month for foreclosures. 

Homeowner Relief for a Strong Future offers balanced, responsible solutions for the foreclosure crisis, prevents fraud and preserves our communities. 

“These bills directly deal with the foreclosure crisis, a problem in Arizona that Republicans have ignored in the past,” said Rep. Debbie McCune Davis, D-Phoenix (District 14). Recent figures as of Thursday show that Arizona continues to rank second in the nation in foreclosures. We have held that top spot for the past few years, and now it’s time to hold government accountable so we can have a strong economic future.” 

McCune Davis has asked House Commerce Committee Chair Jim Weiers to establish a subcommittee on foreclosures. 

In February, Arizona jumped to second in the nation in foreclosures. One in every 17 Arizona households received a foreclosure filing last year. (http://www.post-gazette.com/pg/11014/1117879-28.stm#ixzz1D2zRAq9o) 

Homeowner Relief for a Strong Future includes the following bills:

  • HB2383 Borrowers’ Bill of Rights: Guarantees homeowners the right to receive timely and accurate responses to good-faith borrower inquires. (McCune Davis)
  • HB 2283 Abandoned Home Crime Reduction Act: Requires current and accurate ownership information on all property and assists neighborhoods and law enforcement in reducing crime. (McCune Davis)
  • HB 2626 Home Sales Notification Act: Allows homeowners in foreclosure to be notified of sales, even when the initial sale is postponed (McCune Davis).
  • HB 2124 Homeowner Relief Act: Keeps homeowners in their homes by granting temporary (60 day) relief to residential homeowners, who are in foreclosure and in danger of losing their home. (Patterson)
  • HB 2123 Safe Neighborhoods Act: Requires the maintenance of properties during the foreclosure process. (Patterson)
  • HB 2430 Right to Rent Act: Allows homeowners, whose foreclosed homes are of low to moderate value, to remain in their homes as renters for an extended period of time. (Tovar)
  • HB 2642 Mandatory Mediation Act: Offers homeowners facing foreclosure in an owner-occupied home an additional step that would require a mediation process to take place before the property may be foreclosed. (Tovar)
  • HB 2641 Arizona Home Equity Theft Prevention Act: Protects homeowners who are facing foreclosure from scams and fraud. (Tovar)
  • HB 2632 The Tenant Rights Act: Ensures that if a tenant is lawfully in possession of the property when a foreclosure action is initiated, the tenant is able to continue to rent the property for the remainder of the lease or 90 days, whichever is longer. (Hobbs)
  • HB 2269 Truth in Mortgage Brokers Act: Cracks down on bad acting mortgage brokers and protects borrowers from bad lending practices. (Ableser)

“This package of bills could not come at a more critical time for our state,” said Rep. Daniel Patterson, D-Tucson (District 29). “We need to hold government accountable to enact legislation that strengthens our housing market and the financial well-being of our communities. Those steps include fighting scams and fraud and encouraging lenders and borrowers to work together for the best possible outcome.”

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