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New state law expands homeowner protections
The legislation builds upon a law enacted in the midst of the mortgage crisis last year that was intended to help people with subprime loans who were in danger of losing their homes. Subprime loans are those given to people with poor credit, limited income or a spotty job history.
The new law extends the protections to anyone with a mortgage, not just borrowers with subprime loans. The law also protects tenants renting apartments in homes that are foreclosed.
The legislation puts new burdens on banks and other lenders, which already contend with one of the longest foreclosure processes in the nation.
Under the law:
• All homeowners are entitled to a 90-day pre-foreclosure notice from their lender. The intent is to give homeowners who are late paying their mortgage more time to work out an agreement with lenders to prevent a foreclosure.
• Lenders who serve a 90-day notice must notify the state Banking Department within three days. The filing will enable the Banking Department and the Division of Housing and Community Renewal to provide targeted assistance to distressed homeowners and to closely monitor foreclosure trends.
• All homeowners are entitled to a settlement conference with the lender early in the process in an effort to avoid foreclosure.
• Tenants in foreclosed properties must receive written notice of a change in ownership of the property and be permitted to remain in their home for the remainder of their lease term or 90 days, whichever is longer.
• Plaintiffs in a foreclosure action who obtain a judgment of foreclosure and sale must maintain the foreclosed property.
• Consumer protections to prevent homeowners from falling prey to rescue scams are strengthened.
• Brokers who provide consulting services on distressed properties cannot receive up-front fees.
There were 39,923 foreclosure filings in New York during the first three quarters of 2009, an 11 percent decrease compared to the first three quarters of 2008.
But foreclosure filings rose nearly 70 percent in November compared to November a year ago. There were 4,400 properties with a foreclosure filing in the state in November, compared to 1,356 in November 2008, according to RealtyTrac, an online real-estate company based in California.
Even with the recent big jump in New York, the state still has one of the lowest rates of per-capita foreclosures in the United States. New York was 39th on the list, with one filing for every 1,804 properties.


