PRESS RELEASE
FROM THE OFFICE OF
Congressman Artur Davis
7th Congressional District of Alabama
208 Cannon House Office Building
Washington, DC 20515-0107
image of U.S. Congress seal with capitol dome in the background

  FOR IMMEDIATE RELEASE  
December 12, 2007
 

CONGRESSMAN DAVIS SUPPORTS RELIEF FROM FORECLOSURE FOR VICTIMS OF SUBPRIME MORTGAGES

 

WASHINGTON - In light of the growing crisis in the housing industry in the United States and the record number of potential foreclosures anticipated in coming months, today the House Judiciary Committee considered in a legislative markup the Emergency Home Ownership and Mortgage Equity Protection Act of 2007. 

 

The manager’s amendment to H.R. 3609 would allow bankruptcy judges the capacity to adjust the terms of certain subprime loans as a form of relief for families threatened with foreclosure.  U.S. Representative Artur Davis, an outspoken advocate on issues of housing and fair lending practices since his arrival in Washington, is an original co-sponsor of the bill who strongly supports its goals.

 

“With close to two million Americans facing the prospect of default on their mortgage payments, it would be irresponsible to leave the solution to this crisis in the exclusive hands of the market,” Davis said.  “This legislation will give bankruptcy judges the tools to correct the effects of these abusive lending practices.”

 

During today’s session, Congressman Davis noted the risk the mortgage industry passed on by offering subprime or non-traditional mortgages to those who would not qualify for traditional mortgages.  “Literally something for nothing,” Davis said. 

 

He also noted the abusive practices the industry engaged in by offering subprime loans to families that would normally qualify for traditional loans.  “Approximately 60 percent of subprime loans in 2006 were imposed on homeowners who were entitled to a better deal,” Davis said.

 

The bill addresses the current troubling statistics with subprime mortgages in the 7th District of Alabama.  According to the Center for Responsible Lending, a fair housing advocacy group based in Washington, DC,:
•    45% of loans originated in the district from 2005-2006 were subprime, and 1 in 6 of those loans will end in foreclosure;

 •    these potential foreclosures will impact the larger community by decreasing property values for another 79,000 surrounding homes at a loss of $75 million in equity for district homeowners.

 

Details of H.R. 3609 (as amended):

•   The bill offers a narrowly-tailored solution to address the needs of homeowners most at risk of losing their homes to foreclosure: bankruptcy judges can modify the terms of subprime or nontraditional mortgage loans.
•    In order to qualify, homeowners must have received notice of imminent foreclosure, and must meet a strict means test.
•    The bill will only apply to existing loans originating in 2000 and sunsetting in 7 years.
•    The bill prevents wealthy or undeserving homeowners from applying for protections by maintaining the $1 million limit for secured claims, and by ensuring that families are not eligible if – applying normal rates, terms and principal balances – they would still be unable to afford their home.
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