Rhode Island law makes mediation upon request a permanent mandate

Rhode Island enacted a new law this week to make permanent a requirement that servicers provide sufficient mediation and loss mitigation efforts before proceeding to foreclosure.

The Foreclosure Mediation Act mandates lenders to advise delinquent mortgage borrowers of options available to them that could prevent loss of their properties. If a vulnerable homeowner requests mediation, the lender will be obligated to make good-faith efforts on providing a pathway toward making the loan current and may not initiate foreclosure proceedings until a coordinator affirms it has complied. 

Mediation coordinators must come from Department of Housing and Urban Development-approved counseling agencies in the state and have “no authority to impose a solution.” They must meet certain other requirements requirements related to having sufficient mortgage industry knowledge, including at least three years of experience with loss mitigation guidelines

The act codifies temporary legislation the Ocean State introduced 10 years ago that was due to expire on July 1. The 2013 Foreclosure Mediation Act was originally slated to end in 2018, but given a five-year extension.

Introduced in February this year and sponsored by Sen. Dawn Euer and Rep. Leonela Felix, the legislation passed in both Rhode Island House and Senate chambers earlier this month. Gov. Daniel McKee signed the act into law on Wednesday.

“I know how devastating foreclosures can be for families and communities firsthand,” said Felix, whose family lost their home when she was a child, in a press release. “If we had had this program back then, we could have gotten on a payment plan we could afford and stayed in our home. This program has given other families security we didn’t have.”

According to RIHousing, more than 1,500 homeowners have taken part in mediation conferences since 2013. Approximately 46% of the efforts completed resulted in the borrower retaining possession of the home through loan modification, reinstatement or a revised repayment plan.  

“To a lender, a mortgage might just be a line on a spreadsheet. But to a homeowner, it’s so much more than that,” Euer said. “These additional protections help people get back on their feet, stay in their homes and keep paying their bills.”

Meanwhile, officials in neighboring Massachusetts introduced similar foreclosure-prevention legislation last month.

The new state proposals come as government agencies attempt to come up with successor plans to some of the mortgage relief measures introduced during the COVID-19 pandemic. With foreclosure moratoria and forbearance offered at the federal level either already expired or sunsetting, pressure has come from the likes of the Consumer Financial Protection Bureau to ensure mortgage companies remain attentive to requirements to provide other types of new or existing assistance to distressed borrowers.

Earlier this year, the Federal Housing Administration agreed to extend pandemic loss-mitigation options to a broader range of struggling mortgage holders, while the Department of Veterans Affairs will unveil a new program in July that adds a loss-mitigation step before struggling borrowers reach the foreclosure stage. 

Another sign of the priority the federal government is assigning to foreclosure prevention came in a new Department of Housing and Urban Development report this week. The agency alleged Mr. Cooper, the country’s largest nonbank servicer, failed to provide adequate home retention options to more than 80% of delinquent borrowers with FHA-insured loans after their COVID forbearance plans ended.

Last month, new foreclosure starts nationwide increased by 4% on a year-over-year basis and 5% from April, according to real estate data and analytics provider Attom. The number of distressed properties turned into completed repossessions took its biggest jump this year to 4,020 homes, 41% higher than in May 2022.