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RESOLUTION

Calling upon the Mayor to file lawsuits against mortgage lenders that have negatively impacted Philadelphia through foreclosures; and, if the Mayor fails to do so, authorizing Council to retain counsel to file lawsuits against these mortgage lenders.

WHEREAS, according to ACORN’s October 2007 “Foreclosure Exposure 2: The Cost to our Cities and Neighborhoods” report, 3,206 of the high-cost loans made in 2006 in the Philadelphia area are likely to go into foreclosure and the costs to all of the stakeholders involved will be more than $345 million; and

WHEREAS, these costs represent approximately $23 million to individual homeowners in foreclosure, $158 million to lenders and investors, $62 million to local government, and $107 million in lower home values of neighbors; and

WHEREAS, the ACORN report also states that studies have shown that foreclosures increase violent crime in neighborhoods, decrease property values in neighborhoods, and reduce city tax revenue, making it harder to provide good schools, police protection, code enforcement, and other services; and

WHEREAS, according to the USA Today newspaper, Cleveland, Baltimore, Buffalo, and Minneapolis have sued various mortgage lenders as a strategy to address the foreclosure crisis and to recoup lost city tax revenue, stop the strain on city services, and reclaim neighborhoods devastated by this crisis; and

WHEREAS, and in comparison to these cities, Philadelphia and its citizens are suffering from a mortgage foreclosure crisis and Council has passed Resolution Nos. 040100 and 080331 calling for moratoriums on Sheriff sales based on residential mortgage foreclosures; and

WHEREAS, it is the duty of this Body to protect the citizens and the neighborhoods of Philadelphia, and this Body has already gone on record to address this issue by unanimously passing the above-referenced resolutions and Bill No. 010715-A and holding hearings pursuant to Resolution No. 080095. Now, therefore be it

RESOLVED, BY THE COUNCIL OF THE CITY OF PHILADELPHIA, that we hereby call on the Mayor to file lawsuits against predatory lenders that have negatively impacted Philadelphia; and, if the Mayor fails to do so, authorizing Council to retain counsel to file lawsuits against these mortgage lenders.

Introduced by:

Councilwoman Marian B. Tasco Councilwoman Maria Quinones Sanchez Councilman Curtis J. Jones, Jr.
May 22, 2008

This passed yesterday. The Mayor has not said whether he'd sign it.

The Mayor doesn't sign a resolution- it's non-binding ...not law

... but I voted for it. :)

WWGjr

my bad

what i meant to say that it was unclear if Nutter will sue.

Indeed

For as much griping that we do about government on this site (much of it warranted), Philadelphia City Council is leading the nation on combating the foreclosure crisis, it is fitting to give them a pat on the back for this one.

I am in Pittsburgh today explaining the steps that led to our moratorium and subsequent diversion program, there is a lot of excitement both in the neighborhoods and from legislators about aggressive action modeled after Philadelphia.

I will tell you though every time I say something about Philly (I've been singing Philly's praises quite a bit today) they remind me about how the Penguins gave our Flyers the business. Literally, every time.

For all you lawyers out there

(who don't work at firms that, um, helped securitized all these awful loans and are thus conflicted out of this sort of thing...):

About Philadelphia Foreclosure Rescue Effort ("FReE")

Philadelphia FReE offers pro bono attorney assistance to low-income homeowners facing foreclosure at conciliation conferences where homeowners have the opportunity to negotiate to save their homes. To be effective, Philadelphia FREE needs as many pro bono attorneys as possible. With representation, homeowners who cannot afford legal services have the opportunity to work out an affordable loan modification or payment arrangement. Transactional attorneys are encouraged to participate!

Through the Residential Mortgage Foreclosure Diversion Pilot Program, instituted in April by Philadelphia Court of Common Pleas President Judge C. Darnell Jones and Judge Annette Rizzo, hundreds of homeowners will be offered free housing counseling in advance of this conciliation conference and an opportunity to negotiate to save their homes.

The President Judge, Judge Rizzo and Philadelphia VIP are asking attorneys to volunteer for the Philadelphia Foreclosure Rescue Effort (Philly FReE). Philadelphia VIP is the City’s premier pro bono referral agency, and nearly 60% of its clients are women. The mortgage foreclosure diversion program has garnered national attention but will need the investment of pro bono attorneys to help clients work out an affordable loan modification or payment arrangement.

There are 1,669 Sheriff’s Sales for mortgage foreclosures that were postponed in April and May, and an estimated 80% of them are owner-occupied. Assuming that some cases are resolved and others are abandoned, the City estimates that between 670 and 1000 cases will be conferenced.

The time commitment for volunteer attorneys is minimal when compared to other types of pro bono cases, such as those that require a full blown arbitration or trial, and volunteer attorneys also will receive 2 free CLE credit hours. During the first few months of the program, volunteer attorneys will spend one morning or afternoon per month to attend conciliation conferences for several clients in one day. However, after the first several months, the court’s backlog from the postponed April and May sheriff sales will be reduced and should ease the time commitment. This volunteer work requires only attending the conciliation conference and making some pre-conference calls to client and opposing counsel. Training will make volunteers aware of when further litigation should be pursued by another attorney.

Training will be held on Tuesday, June 3, from 8:30 to 11 a.m. at the 11th floor Conference Center of the Philadelphia Bar Association, 1101 Market St., and will include Judge Rizzo as well as borrowers’ and lenders’ attorneys. Attorneys will receive the 2 hours of free substantive CLE credit by attending two complete morning or afternoon conciliation sessions. Breakfast will be provided through the joint support of the Business Law and Real Property Sections of the Philadelphia Bar Association.

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