
The unprecedented rise in residential foreclosure has affected owners, tenants and the neighborhoods in which large numbers of foreclosures are taking place. This page provides an overview of the impact of foreclosure on tenants and neighborhoods. It also includes information on foreclosures of rural single family homes financed by the Department of Agriculture, and provides a brief summary of the federal response. More specific information is also available on this site about the impact of foreclosure on tenants, neighborhoods and Section 8 Housing Choice Voucher Program (HCVP) and Project-Based Section 8 tenants.
The Housing and Economic Recovery Act (HERA) of 2008, enacted July 30, 2008, covers a number of areas related to foreclosure, including authorizing the Federal Housing Administration (FHA) to refinance $300 billion of mortgages under the HOPE for Homeowners Program, allocating $3.92 billion for the Neighborhood Stabilization Program (NSP), and establishing the Affordable Housing Trust Fund and the Federal Housing Finance Agency (FHFA).
The Emergency Economic Stabilization Act (EESA), enacted October 3, 2008, provides $700 billion to the Treasury Secretary to purchase troubled assets. EESA requires that the Treasury coordinate with a number of federal entities, including the Federal National Mortgage Association (Fannie Mae) and Federal Home Loan Mortgage Corporation (Freddie Mac), to allow tenants to remain in their homes post foreclosure. In the fall of 2008, FHFA placed Fannie Mae and Freddie Mac into conservatorship and announced the creation of a streamlined loan modification program. For a short period of time between the last quarter of 2008 and the end of the first quarter of 2009, Fannie Mae and Freddie Mac suspended evictions and foreclosure sales from occupied single-family properties. Freddie Mac also adopted a policy to allow former owners to remain in the foreclosed home as renters.
On February 17, 2009, the Administration announced the Homeowner Affordability and Stability Plan designed to reduce foreclosures and stabilize the housing market. This plan is part of the Administration’s more comprehensive Financial Stability Plan. Components of the former plan include refinancing of mortgages owned or guaranteed by Government Sponsored Entities (GSE) such as Fannie Mae or Freddie Mac, a $75 billion foreclosure relief program which is known as the Making Home Affordable program funded out of the Troubled Asset Relief Program (TARP) authorized in EESA, and additional funding so that Fannie Mae and Freddie Mac may continue to purchase mortgages.
On May 20, 2009, the President signed into law the Helping Families Save Their Homes Act and the Fraud Enforcement and Recovery Act. The Helping Families Save Their Homes Act includes improvements to assist homeowners, as well as significant tenant protections. The benefits for homeowners facing foreclosure include improvements to the HOPE for Homeowners program and modifications to Federal Housing Administration (FHA) and federally guaranteed rural housing loans. The act also includes measures to increase the flow of credit and appropriates $2.2 billion for homelessness programs. The Fraud Enforcement and Recovery Act strengthens the capacity of the federal government to fight fraud.
HUD Implements Homelessness Prevention and Rapid Re-Housing Program
This April-May 2009 NHLP Housing Law Bulletin discusses the Homelessness Prevention and Rapid Re-Housing Program (HPRP), with a particular focus on how HPRP will operate under the $1.5 billion ARRA allocation.
Lenders, Government Entities Ramp up Foreclosure Prevention Efforts
This November-December 2008 NHLP Housing Law Bulletin discusses several initiatives to keep homeowners out of foreclosure, including provisions of HERA (HOPE for Homeowners, NSP and the National Housing Trust) and EESA.
Foreclosure Relief Legislation Includes GSE Regulation and National Housing Trust Fund
This August 2008 NHLP Housing Law Bulletin discusses HERA, including the HOPE for Homeownership program, which gives the FHA authority to refinance $300 billion worth of mortgages.
Congress Tackles Foreclosure Relief and GSE Reform
This June 2008 NHLP Housing Law Bulletin discusses the proposed Federal Housing Finance Regulatory Reform Act of 2008, which was reworked and formed the basis of the HERA.
Without Just Cause: A 50-State Review of the (Lack of) Rights of Tenants in Foreclosure (February 25, 2009)
This report by the National Law Center on Homelessness & Poverty and the National Low Income Housing Coalition summarizes for each state the foreclosure process and tenants’ rights in the context of foreclosure.
Helping Families Save Their Homes Act
Pub. L. No. 111-22 (May 20, 2009), title VII is the Protecting Tenants at Foreclosure Act of 2009.
The White House Press Release, May 20, 2009
Accompanying the Helping Families Save Their Homes Act and the Fraud Enforcement and Recovery Act.
EESA, Pub. L. No. 110-343 (Oct. 3, 2008)
Title I, Section 109, codified at 12 U.S.C. § 5219, the Troubled Asset Relief Program (TARP), requires certain “Federal Government entities that hold troubled assets” to facilitate loan modification and restructuring and protect tenants.
HERA, Pub. L. No. 110-289, 122 STAT. 2654 (July 30, 2008)
Title I, Section 1101 creates the FHFA with regulatory authority over Fannie Mae and Freddie Mac; Section 1131 creates the National Housing Trust Fund; Title III (Div. B) creates the NSP and Title IV (Div. A) creates HOPE for Homeowners.
Making Home Affordable Program Refinancing and Modification Options
HUD webpage.
Foreclosure Avoidance Counseling
Foreclosure Avoidance Counseling has a list of HUD-approved counseling agencies that may provide assistance regarding the Making Home Affordable programs.
Guide to Avoiding Foreclosure
HUD webpage.
Making Home Affordable
Department of Treasury webpage.
Making Home Affordable, Help for America’s Homeowners
A website sponsored by HUD and the Department of Treasury in conjunction with Financial Stability.gov.
Making Home Affordable
Fannie Mae webpage.
Avoiding Foreclosure
Freddie Mac webpage.
Federal Housing Finance Agency (FHFA)
Regulator of Fannie Mae and Freddie Mac.
National Consumer Law Center
Information on foreclosure prevention and predatory mortgage lending.
National Law Center on Homelessness and Poverty
Information on homelessness and the Homelessness Prevention and Rapid Re-Housing Program (HPRP), through Homelessness Wiki resource.
California Reinvestment Coalition
Information on predatory lending and California foreclosure crisis.
Center for Responsible Lending
Articles on mortgage lending and related foreclosure issues.
Housing and Economic Rights Advocates
Information on predatory lending and tenants’ rights in foreclosure in California.
Institute for Foreclosure Legal Assistance
The Institute, a project of the Center for Responsible Lending is managed by the National Association of Consumer Advocates. This site cross references to a number of organizations that provide information and assistance regarding homeowners facing foreclosure.
National Association of Consumer Advocates
Information on predatory lending.
National Community Reinvestment Coalition
Descriptions and analysis of the mortgage foreclosure situation.
NeighborWorks®
Information on foreclosure solutions and predatory lending