Sunday, December 26, 2010

The Scrooge Who Forecloses On Homes Too Quickly

Today is Boxing Day, which in the UK is traditionally a day that those better off put things in boxes to give to the poor, particularly the homeless poor. In that regard it may be worth noting a story that appeared on the front page of the Christmas Eve Washington Post by David S. Hilzenrath, "Virginia puts homeowners on fast track to foreclosure." While many states allow those who are facing foreclosure on their homes due to falling behind on mortgage payments a "day in court" to contest it, with some adequate time to prepare for this, Virginia, along with an unnamed set of 28 other states, have "trustees" hired by lenders making the judgments. A VA banking official defends this as "hastening the day when banks can move delinquent loans off their books, it can dut their losses."

Now in many of these "nonjudicial" states there is some effort to make sure that those being foreclosed on have some time to respond to such an effort. However, in Virginia a notice of the foreclosure is sent 14 days in advance, which means the homeowner generally will not see it until even closer to the time the foreclosure is to happen. It is very difficult to overcome this with many barriers and restrictions put in place to challenge a questionable action, leading in one reported case to "a Catch 22: To obtain evidence that that might flesh out those suspicions, his lawyer needed to file a lawsuit and enter the court-supervised process known as discovery. To file the lawsuit, however, the lawyer needed evidence."

Scrooge, we knew you when, and apparently you have found a nice home in Virginia.

1 comment:

Jack said...

Barkley, You're probably aware of this commentary, but its worth repeating in the context of your post. From AB:
Yves Smith on foreclosures: