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Wake County Story

Story Highlights
  • Roy Cooper is supporting The Consumer Economic Protection Act.
  • The bill would force lenders and homeowners to try to work out a resolution before foreclosing.




Attorney General Pushing For Foreclosure Resolutions

Credit: AP Online

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CARY, N.C. -

As the recession continues, more people are feeling the pressure of mortgage payments.

It's the toughest it's been since the Great Depression, according to the Associated Press; nationwide, almost four percent of homes are in foreclosure and at least eight percent of home owners are a month behind on their payments.

Mary Lucas moved into her northeast Raleigh home about two and a half years ago.

She may have to move out next month.

"I want to make my house payments, but I need help," said Lucas. "I need the bank to work with me."

Between a bout with breast cancer and a badly broken leg, Lucas is facing foreclosure; she simply can't keep up with her payments since she can't earn an income right now.

"I'm homebound mostly, except for going to therapy now -- physical therapy -- twice a week," Lucas said.

She's tried to work out a payment plan with her bank, but Lucas can't get them to call her back.

That's exactly what a new bill making its way through the General Assembly is aimed at doing.

"It's not going to force a loan modification, because you can't do that -- it's a voluntary agreement," said Attorney General Roy Cooper. "But it certainly forces people to talk."

Cooper spent Tuesday morning promoting The Consumer Economic Protection Act before the House Judiciary Committee.

The bill would make Clerks of Court force lenders to take up to 60 days to try working out a plan with homeowners before resorting to foreclosure.

"It is still very difficult for the average borrower to come in and to negotiate a loan," said Cooper. "We want to create the incentive to say you need to talk seriously."

Some lawmakers are a little wary, saying the bill could make it tougher to get a loan in the first place -- and open the door to political favoritism from clerks.

"They're sort of being asked to act as mediators. Well, how does an elected official act as a mediator?" said Minority Leader Paul Stam, who represents Wake County. "It just doesn't sort of fit with their roles."

Secretary of State Elaine Marshall has come out against one version of the bill because of the changes it makes to securities transactions.

For those facing foreclosure, though, anything that could help save their home is worth the effort.

"I've been homeless before and I know what it's like," said Lucas. "It's not a good feeling to be homeless."

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Keep up with the stories Chris Cowperthwaite is working on every day: http://twitter.com/CCowperthwaite.

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