Put Ohio's home foreclosures where forgotten things belong: W. Jack Rekstis
There's an Ella Fitzgerald song, "You keep coming back like an old song," which implores a former suitor to stay in the "past where forgotten things belong." We look forward to the day when Ohio's foreclosure crisis recedes into the past where such forgotten things belong. Until then, it is essential to do more to help homeowners.
Recently, foreclosure listing firm RealtyTrac Inc. cited Ohio as having the 12th-highest foreclosure rate in the nation during the first months of 2011. This escalation of the foreclosure crisis continues on, as in "an old song," because many of the originating and current factors that contribute to the crisis continue.
More attention by professionals must be given to the issue of resolving foreclosures, specifically in ensuring that cases are settled swiftly and amicably. These increased resources will specifically ensure that foreclosure mediation, where a neutral mediator assists parties in reaching a settlement, is a meaningful tool.
In a two-step mediation process, the homeowner and lender's counsel meet with a trained mediator. The homeowner must bring current information about the family's circumstances and ability to pay, and then the lender and homeowner negotiate a new payment plan or a plan to turn over the home. According to the Center for American Progress, jurisdictions that implement mandatory mediation report that more than seven out of 10 cases are resolved short of foreclosure. Additional benefits to foreclosure mediation include a lessening of the load for courts in heavily impacted jurisdictions.
The Ohio Supreme Court has provided foreclosure mediation training for court staff and pro bono attorneys who are willing to conduct the mediation session with the parties. Northeast Ohio over the past four years has developed some best practices that other areas of the country are replicating. A recent joint report from the U.S. Department of Housing and Urban Development and Department of Justice cites more than 25 foreclosure mediation programs that have been created in at least 14 states. Many have adopted practices of the Cuyahoga County Mediation Program.
For the past six months, I have studied foreclosure mediations in Northeast Ohio. Ashtabula, Cuyahoga, Lake and Geauga counties have developed specific foreclosure mediation programs with dedicated staff. Lorain County also has a mediation process. I observed more than 100 mediations, interviewed lenders and borrowers and engaged mediators and court staff in numerous conversations.
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Ultimately, as we all know, saving homes saves communities. Preventing foreclosure stabilizes neighborhoods, maintains tax revenue and decreases blight. Northeast Ohio has best practices in foreclosure mediation that many other jurisdictions strive to
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Treasure Memories Through Ohio Vacation Homes
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