News From Terre Haute, Indiana

Local & Bistate

October 24, 2011

Program’s goal to ease foreclosure problems

Personal contact helpful for some homeowners

INDIANAPOLIS — A court program that uses a phone call and some human contact may be making a dent in Indiana’s foreclosure rate.

That’s the conclusion of some early reports on the Mortgage Foreclosure Trial Court Assistance Project, a program launched to give distressed borrowers one more chance to save their homes.

Now in 20 counties, the court-supervised program taps into an army of lawyers, judges and mediators trained in mortgage law and the legal rights of borrowers.

Among its supporters is Hendricks Superior Court Senior Judge Mary Lee Comer, who describes the program as “leveling the playing field” for financially strapped and emotionally stressed homeowners.

Its roots are in legislation passed by the Indiana General Assembly in 2009, after the state’s mortgage foreclosure rate soared to one of the highest in the nation.

The 2009 law forced lenders to notify homeowners facing foreclosure of their legal rights, including a face-to-face settlement conference supervised by a local court judge. In essence, it compelled lenders to give borrowers one more chance to work out a deal.

The legislation was considered a landmark remedy to crisis: From 2003 to 2008, mortgage foreclosures in Indiana nearly doubled. Along with the rise, came a soar in complaints that lenders were steamrolling their way through the process.

But the law didn’t work: In the first few months after it was passed, only a small fraction — about 5 percent — of Indiana homeowners facing foreclosure responded to the lenders’ notices and requested a settlement conference.

The numbers have jumped significantly since the Indiana Supreme Court partnered with the Indiana Housing and Community Development Authority to launch the Mortgage Foreclosure Trial Court Assistance Project last year.

The project uses lawyers trained in foreclosure-prevention to act as court-appointed facilitators. They make telephone contact with homeowners facing foreclosure, inform them of their rights to a settlement conference, and offer to shepherd them through the process.

Since the project was implemented, requests for settlement conferences have gone up by more than 50 percent, and higher in counties that first piloted the project early last year. About 45 percent of the settlement conferences have resulted in some kind of workout — loan modifications that have allowed borrowers to either stay in their homes or make some kind of arrangement short of foreclosure.

Why the difference in response rates? What judges and others involved in the foreclosure-prevention effort in Indiana discovered was this: Homeowners facing foreclosure had either stopped opening or reading notices sent by their lenders, or didn’t understand what a settlement conference was, or feared they’d have to hire an attorney, a cost they couldn't afford.

“It’s really terrifying to be in a foreclosure situation,” said Boone County Superior Court Judge Matthew Kincaid. “Your world is crashing down on you.”

The contact from the courts made the difference, said Kincaid: “It’s like whispering in the borrower’s ear: You have rights.”

Administrators of the Mortgage Foreclosure Trial Court Assistance Project are quick to say that it will only help a fraction of homeowners facing foreclosure stay in their homes.  Some borrowers, including those who’ve filed for bankruptcy, won’t qualify. Others may not meet settlement conference deadlines or other requirements.

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