Help for renters evicted by foreclosure
Published 5:00 am Thursday, May 7, 2009
- Oregon Sen. Jeff Merkley’s amendment passed 59-37.
WASHINGTON — Renters living in foreclosed homes will get more time to find new places to live under a bill that passed the Senate on Wednesday.
A provision that lets renters remain in a foreclosed property for the life of their leases, or 90 days for tenants on monthly leases, was part of a package of proposals to help people stay in their homes. The House passed a similar bill, to make it easier to access aid through the Hope for Homeowners program, in March. The two chambers now must work out differences between their versions of the bill.
There are no statistics for how many renters live in foreclosed homes, said Corky Senecal, the director of housing and emergency services at NeighborImpact, a Redmond nonprofit. But Senecal sees anecdotal evidence that more renters could be forced to move in the near future. “That’s kind of like the next wave. I hear about it all the time, and there’s really nothing we can do.”
In March, 471 foreclosures were filed in Deschutes County, according to RealtyTrac, which follows foreclosure activity. Deschutes had the highest rate of foreclosure in Oregon, with one for every 161 housing units.
Because investment properties helped fuel Deschutes County’s real estate boom, common sense says Deschutes renters are more likely than other tenants to live in a home facing foreclosure, Senecal said.
“If there was anything that would be designed specifically to assist that subpopulation, we would welcome that,” Senecal said.
Senators approved the renters rights amendment 59-37. Oregon Sens. Jeff Merkley and Ron Wyden, both Democrats, voted for the amendment and the larger housing bill, the Helping Families Save Their Homes Act, which passed 91-5.
Merkley co-sponsored the amendment, which was introduced by Sen. John Kerry, D-Mass. In an interview with The Bulletin, Merkley said this provision will prevent renters from being “chucked out in the snow” if their landlords lose control of their homes.
In foreclosure, “that renter, their rights are abrogated, they’re tossed out, often with very short notice,” Merkley said. “It is completely unfair to the families that are renting.”
In Oregon, tenants can be evicted with 30 days’ notice if they’re living in a foreclosed property, according to the National Law Center on Homelessness and Poverty, which issued a report in February on the rights of tenants in the foreclosure process.
Merkley said an opportunity was lost when the housing bill passed without a provision to let bankruptcy judges rewrite the terms of mortgages and lower monthly payments. Senators, including 12 Democrats, voted that amendment down last week.
“It just seemed like a well-done plan, and I’m disappointed on this,” Merkley said. “There was a lot of silence from the White House on this, and I haven’t had the chance to find out why.”
What’s next
The two chambers of Congress have to iron out their differences on their foreclosure bills in the legislation before it can be sent to the president to sign. The Senate passed its version Wednesday; the House passed its in March. Absent from the Senate bill was a bankruptcy provision that President Barack Obama had promised to push through Congress but backed down amid stiff opposition from banks.
Comparing the House and Senate versions:
• Both would modify a Federal Housing Administration foreclosure rescue program enacted in 2008 to broaden participation and provide new incentives for lenders to adjust mortgages for struggling homeowners.
• Both would provide a safe harbor to protect mortgage-holders from investor lawsuits if they modify the terms of their home loans.
• Both would take $2 billion of the $200 billion Wall Street bailout fund to pay for the FHA program changes.
• Both increase from $100,000 to $250,000 the amount in bank deposits the Federal Deposit Insurance Corp. will insure. The Senate version would sunset this provision in 2013.
• The House bill would enable a bankruptcy judge to lower an individual’s mortgage payment. The Senate rejected this measure.
• The Senate bill includes up to $130 million to try to prevent foreclosures. Money would go toward such programs as credit counseling and advertising to warn people against scams.
• The Senate bill includes an expansion of loan-modification opportunities under the Hope for Homeowners program, which is backed by the Federal Housing Administration, as well as the provision for renters.
— The Associated Press