LANSING – With home foreclosures skyrocketing to Depression-era levels, the House today approved Michigan Home Loan Protection Act, a package of bills co-sponsored by State Representative Mary Valentine (D-Norton Shores). The package cracks down on predatory mortgage-lending practices and strengthens consumer protections in the face of the collapsing subprime mortgage market.
"Michigan's hard-working families deserve a piece of the American Dream and the chance to own their home," Valentine said. "Unethical predatory lending has devastated the lives of too many of our homeowners. The Michigan Home Loan Protection Act will help ensure that the state's consumers are put before the bank accounts of these reckless mortgage lenders."
The Michigan Home Loan Protection Act will:
- Ban predatory lending practices, such as making loans without requiring a borrower to prove their ability to repay the loan, encouraging a borrower to default, charging excessive late fees and charging fees for a payoff statement.
- Protect homeowners' equity by prohibiting home refinancing to generate fees for the lender unless there is a tangible net benefit to the borrower.
- Protect consumers from being steered toward high-cost loans when they would otherwise qualify for a traditional loan.
- Require vulnerable borrowers to receive independent counseling from a certified third-party, non-profit counselor.
- Give injured and aggrieved homeowners legal recourse so they can independently enforce these consumer protections against unscrupulous lenders.
According to the latest figures from RealtyTrac, an Irvine, Calif.-based online foreclosure firm, Michigan ranks fifth in the nation in foreclosures, with 12,792 foreclosure filings in May 2008. More than half of the country's foreclosure activity last month took place in just four states: California, Florida, Arizona and Michigan, according to RealtyTrac.
According to federal data, subprime borrowers are often steered by brokers into signing Adjustable Rate Mortgages (ARMs) and are not given the option of fixed-rate loans, nor informed of the inherent risks of ARMs. Some lenders and brokers write loans they know borrowers cannot afford just to collect the fees and commissions. Federal home-loan agencies Fannie Mae and Freddie Mac estimate that 30 to 50 percent of all borrowers with subprime loans could have qualified for more affordable mortgages.
The Michigan Home Loan Protection Act is a key component of a comprehensive strategy to combat the rising tide of foreclosures currently devastating Michigan. Other pieces of this strategy include Save the Dream, mortgage loan officer regulation, combating appraisal fraud and streamlining tax foreclosure law.
"Foreclosures are happening across the state and in every community," Valentine said. "A foreclosure affects more than just that single home – it hurts entire communities by lowering property values. By passing this package of bills, my House colleagues and I are taking strong steps to protect our resident's pocketbooks and homes."