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Section I: The State Foreclosure Prevention Working Group and
the
The State Foreclosure Prevention Working Group (“State Working
Group”)1 formed in the
summer of 2007 after representatives of 37 state attorney
general offices and several state banking regulators met to
discuss the growing foreclosure crisis. States have long been
active in addressing abusive lending practices, either through
legislation2 or enforcement.3 But unlike
traditional law enforcement efforts, the States face the
challenge of addressing the devastating
impact of
elevated foreclosure levels on our citizens and state and local
economies.
Foreclosures
impact much more than the homeowner and lender involved.
While devastating
for the individual homeowners and their families, foreclosures
also have a negative impact on the property
values of their neighbors. The Center for Responsible Lending
estimates neighborhood property values will decline $202
billion due to subprime foreclosures, or approximately $5,000 for each
homeowner living near a foreclosed property.4
Similarly, the Woodstock Institute found that each
foreclosure within a city block of a single-family home
reduces that home’s property value by approximately
1%.5
While
home lending is financed globally, the impact of foreclosures
is inherently local. According
to the U.S. Conference of Mayors, the foreclosure crisis will
result in a loss of $166 billion
in gross domestic product of metropolitan areas.6
Foreclosures are also associated with
an
increase in crime and lead to vacant and abandoned
properties. City, county, and state
governments must deal with these issues and bear significant
costs from foreclosures.
1 The State
Working Group consists of representatives of the Attorneys
General of 11 states ( Arizona, California, Colorado, Iowa,
Illinois, Massachusetts, Michigan, New York, North Carolina,
Ohio, and Texas), two state bank regulators (New York and North
Carolina), and the Conference of State Bank
Supervisors.
2
North
Carolina passed
the first state predatory lending law in 1999. Since that time,
the majority of states have enacted similar laws to supplement the
Home Ownership and Equity Protection Act (HOEPA), the 1994
federal predatory lending law, and some states have
recently enacted new laws to address abuses in the subprime
mortgage market.
3 State
enforcement actions against mortgage lenders have resulted in
the return of almost $1 billion to state citizens.
4
Subprime
Spillover, Center for Responsible Lending,
revised January 18, 2008, available
at:
http://www.responsiblelending.org/pdfs/subprime-spillover.pdf.
5
The External Costs of
Foreclosure: The Impact of Single-Family Mortgage Foreclosures
on Property Values, Dan Immergluck and Geoff
Smith, available at:
http://www.fanniemaefoundation.org/programs/hpd/pdf/hpd_1701_immergluck.pdf.
6
The Mortgage
Crisis, U.S. Conference of Mayors, November
2007, available at: http://usmayors.org/metroeconomies/1107/report.pdf.
The Foreclosure
Fraud Alert Website http://www.foreclosurefraudalert.com/
The
Foreclosure Fraud Alert
Blog
http://www.foreclosurefraudalert.com/fraudblog
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