GA passes Euer/Felix bill extending
foreclosure protections
STATE HOUSE – A bill sponsored by Sen. Dawn Euer and Rep. Leonela Felix that would help homeowners facing foreclosure has passed the House and Senate and heads to the governor’s desk for his signature.
The legislation (2023-S 0163, 2023-H 5761Aaa) preserves the process established by the 2013 Foreclosure Mediation Act. Before 2013, the foreclosure processes in Rhode Island had relatively few restrictions. The Foreclosure Mediation Act requires lenders to advise owner-occupant mortgagors of the availability of a “mortgage mediation process” before the lender could proceed to foreclosure. If a homeowner requests mediation, the lender is required to participate in good faith and cannot proceed to foreclosure until a mediation coordinator issues a certificate affirming that the lender has complied with the law.
Advocates say the law is working. According to RI Housing, over 1,500 homeowners have participated in foreclosure mediation conferences over the past ten years. About 46% of completed mediations have resulted in the homeowner avoiding foreclosure through a loan modification, reinstatement or acceptable repayment plan.
The program was originally slated to end in 2018, but that year lawmakers passed a five-year extension. It is currently set to expire on July 1, 2023. This legislation makes the protections permanent.
“To a lender, a mortgage might just be a line on a spreadsheet. But to a homeowner, it’s so much more than that,” said Senator Euer (D-Dist. 13, Newport, Jamestown). “These additional protections help people get back on their feet, stay in their homes and keep paying their bills. That’s better for everyone.”
During the COVID-19 pandemic, the federal government put in place a number of protections for homeowners who were struggling with their mortgage payments. Those protections have now largely expired. That, advocates say, makes extending state-level protections even more urgent.
“For almost a decade, the foreclosure mediation law has been helping struggling homeowners avoid foreclosure and remain in their homes,” said Carol Ventura, Executive Director of RIHousing. “RIHousing is proud to play a part in implementing this important law, and we thank Senator Euer and Representative Felix for passing this legislation to ensure that these important protections will continue to be available to Rhode Island homeowners.”