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Rescue on the way for Massachusetts homeowners nearing foreclosure

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Massachusetts Governor Deval Patrick will announce a new state program to help homeowners in his state avoid foreclosure, according to the Boston Globe this morning. He's pressing mortgage companies to accept a short sale (less than what is actually due on the mortgage) so homeowners late on their monthly payments can get out without going into foreclosure. Short sales are a common tool used to avoid foreclosure, but in today's market with housing prices dropping, it's been much harder to get banks to accept a deal. Wells Fargo (NYSE: WFC), Countrywide Financial (NYSE: CFC), J.P. Morgan Chase (NYSE: JPM), Citigroup (NYSE: C) and HSBC have been in talks with the Massachusetts Department of Housing and Economic Development to come up with a plan.

Many times in today's housing market the borrower owes more than the house is worth. I've heard from people who attend auctions regularly that the number of buyers (aside from the banks themselves) at auctions keeps dropping because there are no good deals - the minimum price set by the institution is higher than the property could sell for on the open market.

Governor Patrick wants lenders to quickly respond to borrowers who let the banks know they're having trouble making payments on their mortgage. If the lender can't or won't adjust the borrower's payments so the loan is more affordable, the lender would have to refer the borrower to housing counselors or to state lending programs immediately. Massachusetts announced a program in July that is offered by its Housing Finance Agency to provide $250 million to refinance borrowers up to 60 days late on their mortgage payments as long as the borrower has a credit score of 500 or higher. It's not working well because by the time borrowers apply for the loan after being 60 days late, their credit score is already too low. With the new plan, the governor wants borrowers who are having difficulties paying to be advised by the banks to contact the state programs immediately if the bank can't adjust their payments.

In addition to the refinance program, Massachusetts is setting up a database to link delinquent borrowers with prospective buyers who would be interested if the banks will accept a short sale. The program will focus first on the hardest hit neighborhoods in the state - Lawrence and Springfield - to help stabilize those markets. Other areas are also being considered.

Thomas Calahan, executive director of the Massachusetts Association for Affordable Housing, likes the program but doesn't think many banks will cooperate. This is an uphill battle. Charles Nilsen, a board member of the Massachusetts Mortgage Bankers Association told the Globe that, "We're fearful in industry if the government gets a little too heavy handed." Come on, you've got people losing their homes. Banks designed these risky "teaser" mortgages and promoted them hard. They do have some responsibility to help folks who are in too deep get out. If they don't, they'll just end up owning a bunch of empty houses without having any buyers for them because the prices are too high.

Lita Epstein is the author of more than 20 books including, "The 250 Questions You Should Ask to Avoid Foreclosure."

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Last updated: November 26, 2009: 10:10 PM

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