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Fighting Foreclosure

Our View: Too Many Marylanders Are Losing Out To Unscrupulous Predatory Lenders

November 02, 2009

With the number of home foreclosures on the rise again in Maryland, Gov. Martin O'Malley's plan to require mediation before banks can begin proceedings to seize the houses of delinquent borrowers is a good idea, but it doesn't go far enough to help struggling property owners stay in their homes. What's needed are more resources to ensure adequate legal representation for troubled homeowners who have been the victims of predatory lenders.

Unscrupulous brokers and agents pocketed millions in fees during the housing bubble by targeting unsuspecting borrowers whom they knew could never repay the loans. Many of those homeowners are now losing their houses because they didn't know how to navigate the thicket of state and federal lending laws or interpret the fine print on their mortgage notes. But many could stay in their homes if they were able to obtain qualified legal guidance.

In addition to requiring mediation, as Mr. O'Malley intends to propose when the General Assembly returns in January, lawmakers need to increase funding for legal assistance to homeowners through nonprofit groups like the Legal Services Corporation, especially in areas of the state like Baltimore and Prince George's County, where low-income and minority communities have been particularly hard hit. Expanding access to the courts for homeowners facing foreclosure could help stabilize troubled neighborhoods and arrest falling home values until the market recovers.


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Last year, the O'Malley administration pushed through a package of reforms aimed at helping struggling homeowners stay in their houses. They included slowing down the foreclosure process, establishing criminal penalties for mortgage fraud and requiring lenders to confirm borrowers' ability to pay. The package also included refinancing programs to help people who owe more than their houses are worth because of plummeting home prices and a public service campaign to encourage homeowners in trouble with their lenders to seek help from nonprofit housing counselors.

These reforms offered a temporary respite, but as unemployment continued to rise, the number of foreclosures also resumed climbing, nearly doubling in the past year. Many people are now just a paycheck away from losing their homes if they lose their jobs; others are threatened with eviction as a result of catastrophic illnesses that have left them unable to pay both their mortgages and their medical bills.

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