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Homeowners deserve protections afforded businesses
Key Excerpts from Article on Website of San Francisco Chronicle (San Francisco's leading newspaper)
Posted: February 28th, 2012
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/02/16/...
[A] report from San Francisco auditors [shows] that 84 percent of foreclosures examined contained at least one violation of the law by the foreclosing party. The report is only the latest in a series of incidents involving bad actors in the foreclosure crisis. In fact, problems have been so rampant that banks now require many buyers of foreclosed homes to sign contracts absolving the bank of liability should irregularities appear with the original foreclosure. In light of these negligent practices, the $26 billion settlement last week between the U.S. Department of Justice, state attorneys general and the major banks raises as many questions as answers. For instance: If a house is illegally foreclosed upon and subsequently sold by the bank, who owns the home? The new buyer or the original owner? Untangling this mess might require new consumer protections, not just a payout from the banks accused of wrongdoing. The best way to prevent foreclosure problems, however, has always been to prevent foreclosures in the first place. Offering families facing foreclosure the same bankruptcy protections enjoyed by business speculators is one place to start. As it stands today, a single family that buys a home in a housing development is treated differently in bankruptcy court than a businessman who bought 10 units in the same project. If and when the housing bubble bursts, the underwater speculator is able to seek bankruptcy relief on all 10 units, while the owner of the single home is left out in the cold.
Note: For lots more from reliable sources on the impacts of the financial crisis on homeowners, click here.