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Recently, Senate
Majority Leader Harry Reid (D, NV) introduced S.
2636, the Foreclosure Prevention Act of 2008 and it appears that the bill
will be considered on the Senate floor as on or soon after Thursday, February
28th. Title IV of the bill will help families save their
homes from foreclosure by allowing for bankruptcy court-supervised loan
modifications. NACBA organized a letter
of support to the Senate from allied national organizations.
Please contact your U.S. Senators and urge them to support this bill, especially Part IV of the bill, which gives bankruptcy judges the power to change the terms of adjustable rate mortgages, to allow consumers to stay in their homes. AARP has set up a toll-free # for the public to support, S. 2636, the Foreclosure Prevention Act (sample talking points about the bill are attached).
Please call your Senators today at *1-800-580-5739 *and tell them to support this bill. This week Congress is considering a bill that can help strengthen America's economy and keep people from losing their homes. The Foreclosure Prevention Act will allow victims of abusive lending who are facing foreclosures to stay in their homes while they repay the debt. It has the added benefit of helping our communities and our slumping economy. ** Key provisions of
the bill include:
1) Help Keep
Struggling Families in Their Homes
· Increase pre-foreclosure
counseling funds ($200 million). This
additional funding will help housing counselors continue their outreach to
families at risk of foreclosure. These added funds should assist as many as
500,000 additional families connect with their mortgage servicer or lender to
explore options that will keep them in their homes.
· Allow Housing Finance
Agencies (HFAs) to Issue Bonds for Refinancings (increase current cap by $10
billion). This provision will allow
housing finance agencies to use proceeds from mortgage revenue bonds to
refinance subprime loans, to provide mortgages for first-time home buyers, and
for multifamily rental housing. Additionally, the increased lending activity
supports economic growth by creating new jobs, generating federal, state, and
local revenues, and inspiring home-related consumer spending.
· Change Bankruptcy Code to
Allow Judge to Modify Mortgage of Debtor (based on the Durbin bill). This title could help more than 600,000
financially-troubled families keep their homes by allowing them to modify their
mortgages in bankruptcy. It eliminates a provision of the bankruptcy law that
prohibits modifications to mortgage loans on the debtor's principal residence
for homeowners who meet strict income and expense criteria. With this change,
primary mortgages are treated the same as vacation homes and family
farms.
2) Help
Communities Harmed by Foreclosures Recover
· CDBG Money for Purchase
and Rehab of Foreclosed Properties ($4 billion). Homes that have been foreclosed and are sitting
unoccupied on the market can sap neighboring homes of their value. This
provision allows localities with the highest foreclosure numbers and rates
access CDBG funds to use toward purchasing these properties, rehabilitate them
if necessary and rent or re-sell them. Productive occupancy of foreclosed homes
will help stimulate economic activity and help prevent further loss of home
equity in struggling neighborhoods.
· Net Operating Loss Carry
Back from Finance Stimulus Package. For companies losing money in this economic downturn,
this provision from the Senate Finance Committee's reported stimulus bill
extends a provision allowing corporations to apply excess net operating losses
to tax returns from prior profitable years and receive any applicable refunds. For 2006 and 2007 losses, the "net operating loss (NOL) carryback? will be
extended to five years (back to 2001) from the two years currently in law.
3) Help Families
Avoid Foreclosures in the Future
· Simplified Disclosure on
Mortgages Documents (based on bills introduced by Senator Reed). This provision would amend the
Truth-in-Lending Act and improve the loan disclosures given to homebuyers not
only when they apply for a home purchase loan, but also when they refinance
their home. The measure would require: (i) firm disclosure of the terms of the
mortgage loan within 3 days of application (and not later than 7 days before
closing); and (ii) the maximum loan payment be disclosed, not only at
application, but also seven days before closing. Finally, this provision would
clarify that lenders are subject to statutory damages for violations of
Truth-in-Lending disclosure provisions and increase the damages for mortgage
violations from $2,000 to $5,000 per violation.
Call And Support "Foreclosure Prevention Act of 2008" |
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