Testimony of Eugene S, Melchionne,
Attorney at Law in
favor of H. B. No. 5552
(RAISED) AN ACT CONCERNING PROCEDURES IN THE FORECLOSURE OF
RESIDENTIAL PREMISES and S. B. No. 347 (RAISED) AN ACT CONCERNING
HOMEOWNERS PROTECTION.
Ladies and Gentlemen of the
Committee:
My name is Eugene
S. Melchionne and I am a solo consumer law attorney practicing in
Waterbury, Connecticut. I have over 27 years of experience in
dealing with lending, mortgages, foreclosures and bankruptcy issues
in residential matters. I am the State Chairman for the National
Association of Consumer Bankruptcy Attorneys, a nationwide
organization of more than 3,000 attorneys nationwide representing
consumers in financial distress and I am the Vice President of the
Bankruptcy Law Network a web-based resource site of plain
information about credit and debt, mortgages and bankruptcy. While
in the past, I focused on foreclosing homes and repossessing cars,
I have spent the last 17 years almost exclusively representing
families and saving homes.
I am here to speak in favor of House Bill 5552 and Senate Bill
347.
It is no secret that families in Connecticut are in financial
distress. Everything is more expensive, food, utilities, gasoline,
taxes and housing expenses. The collapse of the sub-prime mortgage
market is hurting not only low-income families, but also everyone
else who is trying to sell a home. Nationwide, ten percent (10%) of
all homes are now worth less than what is owed on them. This is a
number not seen since the Great Depression of 1929. The inner
cities of New Haven, Waterbury, Hartford, and Bridgeport have seen
a 400% to 500% increase in the amount of foreclosures filed in the
Courts. Empty houses are showing up in all neighborhoods forcing
families to move from their homes. Not only do families lose their
homes, but it also creates a health problem from blight and results
in a further deterioration of home values. The situation is so
hopeless that many families don’t explore the legal options open to
them, but rather give in to hopelessness and abandon the homestead
to move on.
House Bill 5552 creates a balance in the foreclosure process in our
Courts not seen since the early 1980’s. Our current process can
result in a family losing their home in as little as 60 days. There
is no incentive to work things out, and indeed, several law firms
specializing in foreclosure have had contests to see how fast a
case can be prosecuted to judgment. Homeowners are not trained in
the law and do not have the education or money to deal with the
pressures of a foreclosure. It is important to give homeowners as
much warning as possible that they need to take steps to save their
home. When a family is in financial distress, it is not uncommon
for fear to take over, causing inaction. Other times when the
family is poised for action, they take steps to negotiate with the
mortgage lenders while the legal process sweeps past them and the
home is lost anyway. I have had several of these cases where a
family would be communicating with the “Workout” Department of a
lender, while the Foreclosure Department hastened to judgment in
foreclosure. This bill would give families notice that a
foreclosure is what it means – a legal process that must not be
ignored. It further gives them the tools they need to fight on an
even footing with the lenders whose only goal is to take the home
and flood the market with empty real estate.
Senate Bill 347 aims to strengthen the ability of the Superior
Court to restructure loans in default so that homeowners can
establish a payment plan to get the mortgage current. The original
provisions in our statutes were passed when interest rates had
reached an unheralded high of 18% in the early 1980’s causing a
great many foreclosures. That act spurred the lenders to make the
accommodations giving families the breathing room they needed to
stay in their homes. That statute is fatally weak and the mortgage
lenders have figured it out. In the 25 years or so that it has been
on the books, I personally have seen it used successfully once,
only to fail thereafter because the Court was not given the power
it needed to solve the problem. This bill would extend the reach of
the class of people it affects to those who haven’t lost a job or
become underemployed, but to those who cannot keep up with the
escalating payments required by their mortgages during a time when
other living expenses are also putting a strain on the family
budget.
This is not about the sub-prime mortgage market or declining values
in real estate. These acts are aimed at protecting Connecticut
families from forces that threaten to further rip them apart. Any
action this committee takes will be a step towards preserving our
neighborhoods, our towns and most importantly our family units.
Thank you for your consideration.

