Your source for Chicago-Kent College of Law faculty news and publications

Faculty Commentary

Congress Needs to Help Victims of Foreclosures

By Professor Bernadette Atuahene (This op-ed appeared in a number of newswpapers across the nation last week)

Congress needs to do more to help those who have been evicted from their apartments or homes because of the recession.


Carlos is a college-educated, self-employed businessman who was renting a townhouse in Los Angeles with his wife and young daughter. One day the bank evicted his family from their home with less than 24 hours notice because his landlady could no longer pay her mortgage. Around the same time, Carlos’s business went bankrupt.

Carlos and his family were eventually forced to move to a dingy, roach-infested motel room. His daughter went from romping in her own spacious backyard to playing in a cramped, deserted alley.

Carlos did not know where to turn and became depressed. Accessing available government services required visiting five or six different offices, which Carlos no longer had the mental wherewithal to do.

A recent study done by the University of Pennsylvania School of Medicine found that more than one-third of homeowners in foreclosure suffer from depression.  Our government has failed to address the needs of these people effectively.

Congress must fund a comprehensive post-eviction assistance program to assist people who do not have the mental presence to navigate through multiple bureaucracies to get governmental assistance. The program should establish eviction centers in the hardest hit areas where families can go to receive a bundle of centralized services.

For example, recently evicted families should be able to go to one place and receive updated information about temporary and permanent housing, psychological services, voter registration, credit repair, affordable moving and storage companies and school enrollment.

We already provide these types of comprehensive bundled services for other vulnerable populations such as the unemployed. In the Los Angeles area alone, there are 40 one-stop centers where the unemployed can find skilled employment specialists, thousands of local job listings, training resources and full-service technical assistance.

We must extend this one-stop model to help recently evicted, vulnerable populations because the end of the foreclosure crisis is not in sight. The Center for Responsible Lending estimates that there will be 2.4 million foreclosures this year alone.

Thankfully, the federal government has not stood idly by during this foreclosure crisis. Congress has rightly allocated significant funds to prevent foreclosures in the first place, but there is an inadequate patchwork of services available for homeowners and renters who are ultimately evicted.

The American Recovery and Reinvestment Act of 2009 created the Homelessness Prevention and Rapid Re-Housing Program, which provides temporary assistance to families who are at risk of being homeless. It does nothing for millions of families like Carlos’s that are economically and psychologically traumatized by the eviction and require easily accessible assistance from our government.

Congress must fund one-stop eviction centers so that we can support our fellow citizens during this foreclosure crisis.

4 Comments

  1. I support the idea of one-stop eviction centers, and the government should also announce how current homeowners, at risk of losing their homes to foreclosure, can take advantage of the new government programs available for them. Too few families understand just how to qualify for them currently.

  2. NCS

    I absolutely love this idea. I work closely with homeowners who are in this situation and oftentimes I see homeowners who just cannot deal with the fact that they’re losing their homes and they end up making horrible decisions to compound their problems. There definitely should be a program to help them cope and to help them make decisions to move forward.

  3. That definitely makes sense. Anyone who is dealing with the intense stress of being evicted from their homes needs as much help as they can get. Having one place to go to get all of the necessary documentation families need to move forward would certainly ease some of the stress. Plus having reputable companies who can help them repair their credit will prevent people from accidentally falling into the hands of companies that will try to take advantage of them when they are vulnerable.
    Kirie
    http://www.gohoming.com

  4. Jim Freeman

    In my practice as a real estate broker in Washington State I deal every day with the consequences of home loss for all income levels and classes of people. It is not fun for anyone. If the system of home finance had not been gamed the runnup and catastrophic loss of home values would not likely have occurred. While it does not make sense to absolve families and individuals of their own responsibility in making applications for loans under terms that they could not possibly have qualified for under in just the previous few years it does make the point that changing the rules of the game of finance is ultimatley very destructive to everyone. Certainty and transparency are critical for stable markets.
    I for one am still not convinced that it is the place of government to step in and abrogate contracts made between or among indviduals after the fact except in the case of the preservation of legal rights such as bankruptcy. The role of Fannie Mae and Freddie Mac are not stellar examples of how to run a housing finannce system.
    What is more likely needed is a re-forming of private sector mutual benefit associations that provide stable rules, transparency and the means of exchange that give borrowers some assurance of protection of value that they borrow to acquire and lenders some assurance of the certainty of re-payment with interest. Such associations would also provide a path to redemption for borrowers that failed to re-pay either because of a loss of capacity or a purposeful default of their obligations.
    Hopefully, the formation of such associations would the avoid the consequence such as now exists where foreclosures in Kitsap (see http://www.ForeclosuresKitsap.com) and other distressed sales comprise 40% of the closed sales in 2010 thereby setting the price for all other potential sales.

Leave a Reply