NEW YORK, Feb 10 (Reuters) - The $25 billion mortgage
settlement announced Thursday may not offer much relief from the
foreclosure caseload currently swamping New York courts, but the
state's attorney general says it could still keep tens thousands
of homeowners from becoming future litigants.
"Not everyone is going to be able to make a deal, but we're
going to be working hard to make sure as many New Yorkers as
possible get principal reductions ... and lower interest rates,"
New York State Attorney General Eric Schneiderman told reporters
Thursday. "The goal is to keep people in their homes."
Schneiderman is helping to lead a federal Department of Justice
unit investigating abusive home-loan lending.
The settlement between 49 states, the federal government and
five major U.S. banks -- Bank of America, Wells Fargo, JP Morgan
Chase, Citigroup and Ally Financial -- released the banks from government claims over improper foreclosures and misconduct in
servicing mortgages, including "robosigning," in which banks
signed thousands of foreclosure documents without properly
reviewing them.
The banks still face a host of other potential government
actions over the mortgage crisis. And individual homeowners who
benefit from the settlement are not stopped from filing lawsuits
against lenders over abuses.
New York State will receive $136 million from the
settlement, but it remains to be seen how much that will impact
ongoing foreclosure proceedings across the state, where more
than 345,000 mortgages were delinquent or in default in 2011,
according to a report released last month by the Neighborhood
Economic Development Advocacy Project.
The Department of Housing and Urban Development estimates
that more than 46,000 New York homeowners will benefit from the
settlement through refinancing, loan modification and payments
for wrongful foreclosure, according to the attorney general's
office. A portion of the money will provide legal aid to at-risk
homeowners, as well.
"Representation is one of the keys here," said Paul Lewis,
an Office of Court Administration official who has helped
coordinate the judiciary's handling of foreclosure cases. "It's
much more difficult for the court system to handle these cases
without legal representation."
75,000 PENDING CASES
The current foreclosure backlog in New York courts -- 75,000
pending cases -- is due in part to a 2008 law passed by the
state legislature in response to the growing housing
catastrophe, requiring settlement conferences for all
foreclosures in an effort to provide relief for homeowners whose
mortgages are unaffordable. Since the law's passage, the courts
have held 250,000 settlement conferences, Lewis said.
Prior to the legislation, Lewis estimated, more than 90
percent of homeowners facing foreclosure never set foot in a
courtroom. Now, he said, that number is reversed, with 90
percent of homeowners going through the hearing process. A
recent study by New York University's Furman Center for Real
Estate and Urban Policy found foreclosures cases routinely last
for two years.
The flood of new cases receded sharply in 2011,
after the state's chief judge instituted a new filing
requirement designed to combat robosigning. The new rule called
for attorneys to submit affirmations certifying they had
confirmed with banks that the documents were not robosigned.
New foreclosure cases could drop further as the mortgage
settlement allows more homeowners to receive loan modifications,
Lewis said, although Thursday's settlement provides relief only
to homeowners who are underwater, meaning they owe more than
their home is worth.
"This will hopefully cut down on our caseload," Lewis said.
An existing federal program for refinancing, the Home
Affordable Modification Program, has been criticized by some
advocates for helping fewer than 1 million homeowners obtain
mortgage payment reductions, far fewer than the original goal of
4 million.
PROVIDING LEGAL AID
For homeowners at risk of foreclosure, an increase of
support for legal aid could help them navigate the complicated
process, said Meghan Faux, who runs an assistance program for
low-income South Brooklyn residents faced with losing their
homes.
"It's certainly very hard for homeowners to secure a
sustainable modification on their loan without legal
representation," Faux said. "The vast majority of our clients
are denied modifications before coming to us."
According to an OCA report released in November, 67 percent
of homeowners between November 2010 and September 2011 attended
settlement conferences without a lawyer. State budget cuts have
further reduced the money available for legal-aid services,
which say they have already prevented more than 14,000
foreclosures statewide.
The settlement funds will help legal service groups on the
brink of running out of state funding to continue their work.
At the same time, more representation could also lead to
additional lawsuits against lenders.
"In a lot of these cases, it's no secret there are legal
issues," Lewis said. "When you have a lawyer, that can lead to
more litigation."
Nevertheless , the amount of the settlement pales
in comparison to the size of the housing crisis still gripping
the state, said Sarah Ludwig, co-director of the Neighborhood
Economic Development Advocacy Project.
"The amount that's been allocated to New York for principal
reduction is going to help a relatively small percentage of
people who are underwater," she said. "We view this as a first
opening milestone in addressing the foreclosure crisis."
Schneiderman said he expects more banks to sign onto the
settlement in the coming weeks, which would increase New York's
share of the money. And he vowed to pursue additional remedies.
"This is a down payment on the broader relief we'll be
seeking in the course of our joint investigation," he said.
(Reporting by Joseph Ax and Dan Wiessner)
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