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City Of Philadelphia Foreclosure Moratorium
Saturday, 29 March 2008

Following a nonbinding resolution passed unanimously by the Philadelphia City Council Sheriff John Green has announced the suspension of foreclosure sales of homes whose owners have fallen behind on adjustable-rate subprime loan payments.

As discussed in the below article from Reuters, Philadelphia becomes the first U.S. city to create a moratorium in response to the current foreclosure crisis. 
On April 1st, a meeting was convened where the City Solicitor stated he had advised the Sheriff and Council that the Sheriff does not have the authority to impose a moratorium and that can only be accomplished by Court Order. Sheriff does however have discretion to establish the date, time and location of the sales. The Sheriff hinted that he may change the sale schedule to every other month, every quarter or twice a year. The City Solicitor, Council and Mayor, at this time, do not support a court order for a 6 month moratorium but they are reserving final decision in the event a community group files an action asking for a moratorium,which is expected.

Philadelphia suspends sales of foreclosed homes

Authorities in Philadelphia will suspend foreclosure sales of homes whose owners have fallen behind on adjustable-rate subprime loan payments -- potential relief for tens of thousands of struggling debtors.

Sheriff John Green said on Friday he would halt sales of foreclosed properties in April and would seek a court order extending a moratorium for an unspecified period.

His action follows a nonbinding resolution passed unanimously by the Philadelphia City Council on Thursday calling on Green to stop the sales to give borrowers more time to seek a settlement that would prevent them from losing their homes.

Philadelphia becomes the first U.S. city to halt foreclosure sales in the current crisis, although Cleveland and Baltimore are considering similar measures, said ACORN, an advocacy group for low-income families.

The group said 45,470 subprime foreclosures are expected in Pennsylvania between the third quarter of 2007 and the end of 2009.

Green, the sheriff of Philadelphia city and county, is trying to identify and track homeowners with weak credit histories who took out the loans with initially low repayments but who are no longer able to afford them because their rates have adjusted sharply higher.

Such loans are expected to lead to a flood of foreclosures throughout the United States this year, and have led to severe losses among financial firms trading in securities backed by the mortgages. ACORN estimates 2.2 million mortgage loans will go into foreclosure in 2008 due to the subprime crisis.

"Given the severity and complexity of mortgage foreclosures, a moratorium will allow for more time to identify and help distressed home owners," Green said in a statement.

The resolution said 3,206 "high-cost" mortgage loans made in 2006 are likely to enter foreclosure in Philadelphia, representing losses totaling $345 million to homeowners, lenders, and local government, as well as falling home values.

Lenders would take about $158 million in losses; homeowners $23 million; and local government $62 million if the foreclosures go ahead, the council's resolution said.

A spokesman for ACORN called on lenders to work with Philadelphia on the policy to help find a solution and avoid a lengthy moratorium.

Home prices in the Philadelphia region appreciated at a 2.04 percent rate in the fourth quarter of 2007, down from 6.74 percent at the end of 2006 and 14.3 percent in 2005, according to quarterly reports from the Office of Federal Housing Enterprise Oversight.

Across the nation, home prices fell 3 percent in January from a year earlier, the federal agency said.

In defense of its action, the council also said foreclosures increase violent crime in affected neighborhoods, hurt property values and reduce city tax revenue.

Yajaira Rivera, a mother of four, said she took out a $106,000 mortgage on her Philadelphia home with GMAC in February 2005 and expected to pay $920 a month. Instead, she was presented with an initial payment demand of $1,235, which increased to $1,671 before she negotiated a lower payment.

She still cannot make the payments, so her home is scheduled to be sold by the sheriff on May 6, meaning the April moratorium will not cover her unless it is extended.

"The reality is that it has only bought us a window of 30 days," she said.

Local and national branches of the Mortgage Bankers Association did not immediately return phone calls seeking comment on the Philadelphia plan.

To view the online article, please click here.

To view a copy of the City Council Resolution, please click here

About Safeguard
Safeguard Properties is the largest privately held field services company in the country. Located in Cleveland, Ohio and founded in 1990 by Robert Klein, Safeguard has grown from a regional preservation company with a few employees and a handful of contractors performing services in the Midwest, to a national company with over 450 employees. Safeguard is supported by a nationwide network of subcontractors able to perform any requested superintendence, preservation, and maintenance functions, as well as numerous ancillary services in the U.S., the Virgin Islands, and Puerto Rico.