'Antiquated' State Laws Exacerbating Foreclosure Crisis

In a new report, the National Consumer Law Center argues that outdated state laws are exacerbating the national foreclosure epidemic. (Via WSJ Developments.)

Much has been written about the financial and economic causes of this disaster. Much less notice has gone to another factor that has accelerated and multiplied this grave loss of homes and savings: antiquated state laws that in some ways afford fewer protections to homeowners than to renters."

According to the NCLC report, examples of state laws tilted against homeowners include the following:

"Fast track" foreclosure. In 30 states and the District of Columbia, mortgage holders who allege that homeowners have fallen behind in their payments can bypass the courts and move directly to take away and auction off homes. This denies homeowners due process protection comparable to that given many tenants. It also places upon homeowners the heavy burden to get a judge to review the mortgage holder’s claims and stop the foreclosure.

No direct notification of foreclosure proceedings. In 33 states and the District of Columbia, there is no requirement that homeowners be personally served with a foreclosure notice or legal documents that start a court foreclosure case.

No effort required to find solutions short of foreclosure. In every state but California and Connecticut, mortgage holders can move directly to foreclosure without being required by state law to consider or discuss ways to avoid loss of the home with homeowners, such as through modification of the terms of the loan.

Eleventh-hour payments can be ignored. In 29 states, a mortgage holder has no obligation under state law to stop foreclosure even if the homeowner, just before the house has been sold, comes up with the money to catch up on the owed payments and all incurred penalties and fees.

Heaping on of penalties that can send homeowners over the edge. In every state but Massachusetts, New Jersey, and Pennsylvania, a mortgage holder who claims a homeowner has fallen behind in payments can immediately impose default fees and costs that reduce the chances that the homeowner can catch up by making the payments owed.

More penalties even after home is lost and sold at auction. In 36 states and the District of Columbia, mortgage holders can pursue so-called "deficiency judgment" claims against homeowners even after the foreclosed home has been sold at auction. These claims, seeking to recover the difference between the amount owed on the loan and the amount collected from the foreclosure auction, can be pursued without conditions in 15 states and the District of Columbia, and only under certain conditions in the other 21 states.