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By Pete Stidman
News Editor
A new "Right to Cure" law has slowed the rate of
new foreclosure filings to a relative crawl,
according to state Land Court officials, but the
drop may be only temporary, say some.
Beginning May 1, when the law first took effect,
the rate of affidavits filed with the Land Court
slowed to an average of less than 20 a day, said
recorder of the court Debbie Patterson. The month
before, the number of the same affidavits, which
are an early required step in the foreclosure
process, averaged around 150 a day.
"Big effect," she said.
According to the law, which was part of a larger
package addressing the mortgage crisis signed by
the governor late last year, lenders must now
inform individual borrowers of their right to
remedy any default on a mortgage, and give them a
90-day period to do so. It was passed with a number
of other regulatory changes intended to give
borrowers more recourse in the face of foreclosure,
but some think the drop in numbers will be a
temporary one.
"We think this may slow the number of
foreclosures somewhat in the short term," said
Department of Neighborhood Development spokesperson
Lucy Warsh in an e-mail. "A 90-day window gives the
lender and the homeowner, with our assistance, a
little more time to work out an alternative to
foreclosure. It is another tool that we can use to
slow and reduce the overall number of foreclosures
in Boston."
Only time will tell the law's true effect, but
front-line foreclosure prevention counselors like
Lionel Romain at Nuestra Community Development
Corporation are already a bit skeptical.
"I am concerned because in a couple of cases,
people think they have more time than they do,"
said Romain, citing the examples of two of his
clients so far. "They're given a notice that says
90-day right to cure, and they say, 'I've got
plenty of time.'"
Romain is also not sure that the Division of
Banks, which monitors the 90-day period, will
continue to give 30- and 60-day stays to borrowers
in trouble after the 90-day period. The stays were
given in the overwhelming majority of last-minute
cases before the new law, according to Romain.
Furthermore, he worries, banks may not be as
lenient as they have recently become after being
made to wait three months.
"I think we really need to see what happens in
the long run," he said. "Do we gain 60 days now,
and lose it on the other end?"
The answer to that question won't be known until
early August, when the first of the 90-day periods
begin to expire.
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