John Rao, an attorney who studies state foreclosure procedures for the Washington, D.C.-based National Consumer Law Center, said this court order is the first of its kind. Some states like California have required foreclosing attorneys to include a statement saying whether the homeowner has been contacted about a loan modification, but the South Carolina order requires attorneys to say why the property isn’t eligible.<\/p>\n
“Simply contacting a homeowner is easy to do,” Rao explained. “I think what’s more important is that before they process the foreclosure, a court can look at the file and see exactly why they aren’t eligible, so there’s some transparency.”<\/p>\n
The order actually originated from a quirky state law that prompted Fannie Mae, a government-controlled mortgage company, to ask the state Supreme Court for a 90-day delay in foreclosure proceedings for homes it guarantees. Several South Carolina consumer groups filed a response to that request, alerting the court of this backlog in homeowner requests.<\/p>\n
Lil Ann Gray of the South Carolina Department of Consumer Affairs, which wrote to the court on behalf of struggling homeowners, applauded the court order.<\/p>\n