A lack of legal assistance fuels the foreclosure crisis

The foreclosure crisis in America is a problem of legal representation, according to a recent report by the Brennan Center for Justice. And if the country doesn’t do something soon to address the problem of scarce legal services to the poor, the crisis will only further deteriorate.

Many people are losing their homes, not because they’re irresponsible, but because they don’t have a lawyer and can’t afford one.

The foreclosure crisis in America is a problem of legal representation, according to a recent report by the Brennan Center for Justice. And if the country doesn’t do something soon to address the problem of scarce legal services to the poor, the crisis will only further deteriorate.

For example, in Queens, N.Y., 84 percent of people facing foreclosure lacked legal representation in recent months. Similarly, 92 percent of foreclosure defendants in Nassau County, N.Y., 86 percent in Stark County, Ohio, and 60 percent in Connecticut did not have a lawyer.

Having a lawyer can protect you from a foreclosure in several ways. A lawyer can protect homeowners from lenders who break the law, ensure that lenders follow the law and help people renegotiate their loans. Further, lawyers help protect homeowners in bankruptcy proceedings, and they assist tenants of foreclosed landlords.

Today, the foreclosure crisis has reached devastating proportions. In 2007, there were 1 million home foreclosures. Last year, there were 3 million.

And the recession has only made things worse. In August, foreclosures were up 18 percent over the same month last year.

Much of the mortgage crisis is due to subprime mortgages and predatory lending practices that helped create the housing boom and its subsequent collapse. Subprime mortgages start off with lower introductory rates, which lead to higher interest rates, fees and penalties that the homeowner cannot afford.

Subprime loans are 14 percent of all mortgages, yet make up half of all foreclosures.

Blacks, Latinos and low-income folks have been especially hit by predatory lending practices. They were steered into these subprime loans, even when they were eligible for less expensive prime loans. Subprime borrowers of color stand to lose between $72 billion and $93 billion from home loans they made during the past eight years.

This epidemic of foreclosures is destabilizing families and destroying communities throughout the country, as they see their wealth and their dreams vanish.

State and federal governments should dedicate more money to foreclosure legal representation. And states ought to pass a law deferring a foreclosure proceeding until the homeowner has talked to a housing counselor or a lawyer. The law should also require lenders to hold a mediation conference with homeowners before a foreclosure takes place.

The alternative is to allow millions more people to lose their homes, further adding to the desolate landscape that is the U.S. economy, with no recovery in sight. The American dream is turning into a nightmare for many homeowners, and that is just unacceptable.

David A. Love is a writer and human rights advocate based in Philadelphia. His blog is davidalove.com. He can be reached at pmproj [at] progressive [dot] org.