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Day two of David Pecker testimony wraps in NY Trump trial; Supreme Court hears arguments on Idaho's near-total abortion ban; ND sees a flurry of campaigning among Native candidates; and NH lags behind other states in restricting firearms at polling sites.

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The Senate moves forward with a foreign aid package. A North Carolina judge overturns an aged law penalizing released felons. And child protection groups call a Texas immigration policy traumatic for kids.

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Wyoming needs more educators who can teach kids trade skills, a proposal to open 40-thousand acres of an Ohio forest to fracking has environmental advocates alarmed and rural communities lure bicyclists with state-of-the-art bike trail systems.

New Bill to Protect VA Homeowners from 'Fraudulent' Foreclosures

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Tuesday, January 31, 2012   

RICHMOND, Va. - It's happening all over Virginia: when unemployment hits a household and the homeowner falls behind on the mortgage, that homeowner tries to work with the lender to modify the loan terms. The owner pays a fee to get the loan modification - and the bank forecloses anyway.

State Delegate Bob Marshall, Republican of Manassas, sees it as a "bait and switch" by banks, and says it's got to stop. He is behind a new bill designed to protect homeowners.

"My bill says before you foreclose, you must offer a loan modification package. If you accept it - this is up to the bank - then you can't drop them, as long as they are substantially complying with the terms of the agreement."

Delegate Marshall says his concern is that there has been little accountability for banks' actions, even if they wrongfully foreclose on a person's home.

"They don't even want to file the papers with the clerks of the court, you know, stating who currently holds the note. I mean they're doing it in some private database. This is devastating to the American homeowner, because your home, not your 401(k), is for the most part the biggest investment people have."

Regina Chaney, who counsels struggling homeowners at Housing Opportunities Made Equal of Virginia, says the problem of people being foreclosed on, even as they are working with a lender, is common. She believes the bill would afford people other options, such as a short sale, and would also encourage banks to process their paperwork more quickly.

"I can't tell you how many times I've submitted a package for a person four times within five months - same information."

The banks say they are overwhelmed with the sheer volume of paperwork since the housing crisis began. Chaney's advice to the banks: There are a lot of unemployed people out there, so hire some of them to help with the paperwork.

Under the bill, a mortgage lender or servicer must also notify the borrower in writing if it denies an application for modification, giving the reasons for the denial, within 30 days of receiving the application. The measure, House Bill 822, is now in the House Courts of Justice, and Delegate Marshall expects it will get a hearing soon.



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