BOSTON -- (April 25, 2007) -- Governor
Deval L. Patrick (
http://www.mass.gov)
announced today both immediate regulatory action and proposed
legislation to assist families facing home foreclosures.
The announcement of these proposals - based on the recommendations
of the recent Mortgage Summit Group report - was made at
the Massachusetts Association of Community Development Corporations'
(MACDC) Legislative Action Day.
"It is vital that we have an effective and immediate
action plan in place to help homeowners facing foreclosures,"
said Governor Patrick. "Addressing this problem requires
a comprehensive approach that provides for greater education
and information for consumers before securing a mortgage;
more robust regulatory controls over brokers and lenders;
a more responsive legal framework for homeowners facing
foreclosure, and clear consequences for those who engage
in mortgage fraud."
Initiatives announced include:
* Immediately bolstering the state's efforts on consumer
assistance and education for homeowners who may be facing
foreclosure, including: an enhanced hotline; a new awareness
campaign; and referrals to reputable foreclosure counselors
and lenders willing to be of assistance.
* Implementing regulatory changes that increase licensing
and education requirements for mortgage lenders and brokers
to eliminate disreputable firms and practices.
* Drafting legislation to increase protections for consumers
and provide penalties for mortgage fraud, including: criminalizing
mortgage fraud; prohibiting abusive foreclosure rescue
schemes; creating a mandatory pre-foreclosure filing notice;
and establishing a central repository of foreclosure notices
at the Division of Banks.
* Building on the partnerships between government, non-profit
organizations, and the mortgage industry to improve the
support for homeowners and monitoring of the industry.
Joint efforts would include: developing a foreclosure
intervention mortgage program; reviewing and identifying
false, deceptive, and misleading advertising practices;
reviewing sales practices of real estate brokers and salespersons
that refer clients to mortgage lenders and brokers; improving
the existing process of mortgage disclosure and pre and
post closing consumer education; and creating a web site
on financial education.
The Governor's actions encompass recommendations put
forth by the Mortgage Summit Group that was convened in
response to rising foreclosures both locally and nationally.
The Group, led by Commissioner of Banks Steven L. Antonakes,
included nearly 50 participants from government agencies,
non-profit organizations, and the mortgage lending industries
who convened to develop a comprehensive foreclosure prevention
strategy.
"We really appreciate the Governor taking the time
to speak with us and articulate so forcefully the need
for action to address the foreclosure crisis," says
Joseph Kriesberg, President of MACDC. "There are
solutions to these problems, such as requiring mortgage
companies to meet the same responsible lending standards
as banks do, making the foreclosure process fairer to
homeowners, and providing better counseling and education
to consumers."
The Governor will be working closely with House and Senate
leaders as well as Attorney General Martha Coakley as
the bill he drafts encompassing these initiatives is being
finalized. The administration is also supportive of foreclosure
prevention legislation already filed by Boston Mayor Thomas
Menino, Senator Jarrett Barrios, and Representative David
Torrisi.
Governor Patrick has been involved in fighting predatory
lending and helping to reform lending practices for nearly
two decades, both as a private lawyer in Boston and as
chief of the Civil Rights Division in the U.S. Justice
Department. As a private attorney, he helped fight for
consumers being scammed by illegal tactics by lenders
which resulted in a settlement of $11 million in low-income
housing and low-interest loans. His work on behalf of
consumers also helped lead to a settlement between Baybanks
and then-Attorney General Scott Harshbarger, which at
the time was considered the "start of a national
solution" to lending scams.
SOURCE: The Commonwealth of Massachusetts Executive Department