Issue Position: Foreclosure Reform

Issue Position

I Will Continue Fighting For Foreclosure Reform: Since 2008, I have been representing victims of predatory lending on a pro bono basis. I have seen the abuses by the banks in their prosecution of foreclosures. Although the Attorney General has taken some steps to punish the banks, Massachusetts still has failed to take the single easiest step to help those people in danger of foreclosure, and that is repealing the "statutory power of sale." In short, this power gives the bank the ability to take your home without taking you to court. It deprives each of us of our day in court, and streamlines the process of taking your house for the bank.

For the past several years, I have worked with members of our federal congressional delegation, our State Representatives, members of the Office of the Attorney General and many homeowners to repeal the statutory power of sale. I drafted H.3282, which forces banks to proceed by filing a foreclosure complaint in Court. This ensures the homeowners a day in Court to defend themselves. It would also allow the Courts to modify the mortgages when appropriate. It also provides for the award of attorney fees to the prevailing party in such foreclosure litigation. On January 11, 2012, I testified in support of the bill before the Joint Committee on the Judiciary.

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