Expanded mediation nearly law

Published 5:00 am Thursday, May 23, 2013

SALEM — A measure aimed at giving homeowners facing foreclosure a chance to speak face-to-face with their lenders before losing their homes sailed through the Oregon House on Wednesday.

Senate Bill 558 passed on a 45-12 vote and now heads to the governor’s desk.

Rep. John Lively, D-Springfield, who spoke in favor of the measure on the House floor, said “far too many homeowners continue to struggle to communicate with their lender.”

A bill passed in the previous legislative session, SB 1552, created the state’s foreclosure mediation requirement. The goal was to put homeowners and lenders in the same room to discuss ways to avoid foreclosure. That law also made it illegal for lenders to simultaneously foreclose on homeowners who were in the midst of trying to modify their loan.

Thousands of homeowners were expected to participate.

But SB 1552 applied only to nonjudicial foreclosure proceedings, which have been the norm for decades. SB 1552, coupled with an appellate court ruling at nearly the same time, convinced banks to start foreclosing instead through the court system. Judicial foreclosure carried no mediation requirement.

The latest bill, SB 558, would expand the mediation program, so no matter the path toward foreclosure, homeowners and lenders have the opportunity to discuss ways to avoid foreclosure.

The bill carves out an exception for smaller banks and credit unions. Banks are under no obligation after mediation to find a solution. It requires homeowners at risk for losing their home to first sit down with a housing counselor.

Lynne McConnell, who oversees the housing counselors at NeighborImpact, a nonprofit in Bend, said if the latest legislation ultimately becomes law, she expect more homeowners to use the nonprofit’s services.

“We’re ready,” she said.

Senate Bill 558

What: Expands the state’s foreclosure mediation program

Status: Passed both chambers, headed to Gov. John Kitzhaber for his signature

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