Miami-Dade
Legislative Item File Number: 073690 |
Printable PDF Format Clerk's Official Copy |
File Number: 073690 | File Type: Resolution | Status: Adopted | ||||||
Version: 0 | Reference: R-1389-07 | Control: Board of County Commissioners | ||||||
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Requester: NONE | Cost: | Final Action: 12/18/2007 | ||||||
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Sunset Provision: No | Effective Date: | Expiration Date: |
Registered Lobbyist: | None Listed |
Legislative History |
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Acting Body | Date | Agenda Item | Action | Sent To | Due Date | Returned | Pass/Fail |
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Board of County Commissioners | 12/18/2007 | 14A1 | Adopted | P | |||
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County Manager | 12/14/2007 | Additions | 12/18/2007 | ||||
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County Attorney | 12/13/2007 | Assigned | Thomas H. Robertson | 12/14/2007 | |||
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Legislative Text |
TITLE RESOLUTION URGING THE CEOS OF THE 25 LARGEST SUB-PRIME LENDERS TO FREEZE FORECLOSURES IN MIAMI-DADE COUNTY; TO REACH OUT TO HOMEOWNERS IN FORECLOSURE; TO MEET WITH THE COUNTY TO DISCUSS LENDING AND FORECLOSURE POLICIES BODY WHEREAS, sub-prime lending has grown rapidly in Miami-Dade County during the last few years; and WHEREAS, the Center for Responsible Lending estimated in a December 2006 report that one in five sub-prime loans will end up in foreclosure; and WHEREAS, approximately 80% of sub-prime loans are Adjustable Rate Mortgages (ARMs) for which the interest rate increases after two years and then every six months after; and WHEREAS, many borrowers with sub-prime ARMs were never given a choice between an adjustable or fixed rate or were promised a fixed rate but given an ARM; and WHEREAS, sub-prime lenders made ARMs without regard to whether the borrower would be able to afford the payments after the rate increases; and WHEREAS, sub-prime lenders made ARMs assuming that homeowners would refinance before the interest rate increased; and WHEREAS, many homeowners with sub-prime ARMs have not been able to refinance due to the stagnation or decrease in home values; and WHEREAS, more than two-thirds of sub-prime loans have prepayment penalties, compared to just 2% of prime loans; and WHEREAS, prepayment penalties trap borrowers into sub-prime loans with high or adjustable rates; and WHEREAS, some mortgage brokers and lenders made loans to people despite knowing that the family would not be able to afford the loan; and WHEREAS, 46% of sub-prime loans made in 2006 required little or no income documentation; and WHEREAS, approximately 70% of sub-prime loans were refinances for families who had already bought a home; and WHEREAS, less than half of all sub-prime loans include taxes and insurance in the monthly payment; and WHEREAS, many borrowers end up in foreclosure when they have to make a lump sum payment of their taxes and insurance; and WHEREAS, these practices are commonly referred to as "predatory lending"; and WHEREAS, these predatory loans have led to an increase in foreclosure rates which hurts the families who are losing their homes as well as the neighborhoods where there are a concentration of foreclosed homes; and WHEREAS, these vacant homes attract crime and cost Miami-Dade County money in crime prevention and the deterioration of neighborhoods; and WHEREAS, the mortgage industry maintains that their companies lose money on foreclosures and only foreclose as a last resort; and WHEREAS, most Pooling and Servicing Agreements (PSAs) allow servicers to modify loans in order to make them affordable for the homeowner; and WHEREAS, many homeowners facing foreclosure report that their servicer never offered them an opportunity for loan modification; and WHEREAS, Freddie Mac reports that half of all foreclosed homeowners never talked with their lender, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board: Section 1. Urges the 25 largest sub-prime mortgage lenders and servicers in the County to voluntarily suspend foreclosures of owner-occupied properties in Miami-Dade County for a period of three (3) months and make every effort during the suspension period to help their customers avoid foreclosure and remain in their homes, including modifying loans by reducing the interest rate and/or the principal to achieve an affordable monthly payment. Section 2. Directs the Clerk of the Board to transmit certified copies of this resolution to the CEOs of the 25 largest sub-prime lenders and servicers in the County. Section 3. Requests of the CEOs of those companies to work with Miami-Dade County and community-based organizations during the suspension period to reach those homeowners who are not communicating with the servicer. Section 4. Requests that these lenders and servicers provide a timely response to Miami-Dade County noting whether the company will agree to the voluntary foreclosure suspension. Section 5. Requests that those lenders, who refuse to implement the voluntary suspension, appear before the Miami-Dade County Commission to discuss the company's lending and servicing practices. |
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