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Cranston mayor vetoes mortgage measures

01:00 AM EST on Friday, November 6, 2009

By Randal Edgar

Journal Staff Writer

CRANSTON — The City Council knew when it approved new guidelines for lenders to follow on foreclosures that the measures might not withstand a legal challenge.

What council members didn’t know was that there would be opposition from the mayor.

On Thursday, Mayor Allan W. Fung vetoed the council-approved foreclosure ordinances, saying that while he appreciated the effort to help people stay in their homes, he cannot support the measures when the deputy city solicitor tells him they contradict state law.

“For all these reasons, I veto these ordinances,” he wrote in his one-paragraph veto message.

Approved unanimously on Oct. 26, the ordinances would have required lenders to set up third-party mediation with borrowers before foreclosing on owner-occupied homes. They also would have required lenders to give renters a written notice before initiating a foreclosure.

Council members downplayed the legal concerns before voting, saying that even if there were a legal challenge, the measures might keep a few people in their homes.

Once the Republican mayor’s veto was official, there was talk that the all-Democratic, nine-member council would seek an override, which would require six affirmative votes.

“I’m in favor of an override, you know, especially this time of the year,” said Council President John E. Lanni Jr. “There are so many foreclosures going on, people getting thrown out of their houses during the holidays … I think most members of the council feel the same way.”

Rhode Island saw 3,479 foreclosures during 2008, and 2,443 as of Sept. 30 this year, according to the Boston-based Warren Group, which tracks real estate data. Cranston saw 361 foreclosures during 2008, according to the city clerk’s office, and had seen 164 as of Aug. 31 this year, according to the Warren Group.

The Cranston ordinances are modeled on two Providence ordinances that took effect on Sept. 1. Those measures have kept at least seven owners in their homes and have not yet seen a legal challenge, according to the city and Rhode Island Housing, one of the agencies that can provide mediation.

But Evan Kirshenbaum, Cranston’s deputy city solicitor, said the ordinances would create a problem because they contradict state laws that cover mortgage agreements and the recording of foreclosures.

The General Assembly also responded to the foreclosure problem last week, but the bill that passed merely requires lenders to give borrowers a 45-day notice before starting foreclosure proceedings and requires them to tell people facing foreclosure that free mortgage counseling is available.

“It doesn’t really do much,” Lanni said.

redgar@projo.com

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