Con­gress­man Steve Cohen (D-Tennessee) last week intro­duced a bill aim­ing to help pre­vent fore­clo­sures across the country.

After the House passed mea­sures to ter­mi­nate fed­eral fore­clo­sure pre­ven­tion pro­grams, Cohen stepped in with a new mea­sure to pro­vide fed­eral fund­ing for fore­clo­sure medi­a­tion pro­grams. Cohen’s office said the leg­is­la­tion passed by the House “harms homeowners.” 

His bill would estab­lish a grant pro­gram for state and local gov­ern­ments to pro­vide medi­a­tion between homeown­ers and lenders in order to pur­sue alter­na­tives to fore­clo­sure.  While the mea­sure seems to have the best inter­ests of the home­owner in mind, crit­ics are call­ing it “another token ges­ture which will have lit­tle actual effect. 

“Fore­clo­sures evap­o­rate mid­dle class wealth,” said Con­gress­man Cohen. “My bill would help fam­i­lies keep their homes and avoid the stress and dif­fi­cul­ties of fore­clo­sure.”  But would it?  “Although many states have adopted mea­sures to ensure “fair play” by lenders in their fore­clo­sure process, it does noth­ing to stem the tide of fore­clo­sures”, argued one critic.  “If a per­son can­not afford their home, they can­not afford their home.  All fo the medi­a­tions in the world will not mat­ter if a home­owner sim­ply can no longer afford the home and the medi­a­tion process just wastes time and resources, only to reach the same ulti­mate end.”  

The Pre­vent­ing Home­own­ers from Fore­clo­sure Act of 2011 would cre­ate a grant pro­gram to help com­mu­ni­ties estab­lish their own fore­clo­sure medi­a­tion programs.

The medi­a­tion would post­pone fore­clo­sures of owner-occupied res­i­dences until the home­owner has an oppor­tu­nity to meet with a hous­ing coun­selor and explore viable options to avert fore­clo­sure, such as loan mod­i­fi­ca­tion, short sale, or deed-in-lieu.  The very same process already exists for HAMP, HARP, and NACA pro­grams, but those pro­grams have not been able to stem the tide of foreclosures.

Home­own­ers and lenders would have an oppor­tu­nity to meet face-to-face before any fore­clo­sure proceeded.

The pro­gram would also estab­lish an out­reach pro­gram to help raise home­owner aware­ness about the pro­gram. The bill would require any state that receives help from the grant pro­gram to keep a record of each medi­a­tion car­ried out, includ­ing the nature of any loan modification.

Cohen’s bill has been referred to the House Finan­cial Ser­vices Com­mit­tee for consideration.

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