Freddie Mac Opts for Judicial Foreclosures
Government-backed lender says it too will convert all of its new and pending non-judicial foreclosures in Hawaii to judicial foreclosures effective immediately.
The Virginia-based lender made the announcement in a , about two weeks after mortgage giant Fannie Mae made a similar announcement.
The moves will allow the lenders to avoid requirements under Hawaii’s recently enacted foreclosure law, which only applies to non-judicial foreclosures.
Freddie’s announcement, signed by its vice president for single-family servicing, says:
“Effective immediately, due to recent changes in Hawaii State law affecting non-judicial foreclosures, Servicers must:
Commence all new Freddie Mac foreclosures in Hawaii as judicial foreclosures
Convert all non-judicial foreclosures to judicial foreclosures in Hawaii that have not proceeded to foreclosure sale
“In certain circumstances, Freddie Mac may be required to re-foreclose certain recent REO acquisitions that resulted from non-judicial foreclosures. Upon being notified, Servicers must rescind the non-judicial foreclosure and recommence the action as a judicial foreclosure.
In addition, due to the recent change in the foreclosure process, we are currently reviewing the maximum allowable attorney fee for Hawaii and will communicate any revision to such amount, if applicable, in a future Bulletin.”
Freddie Mac on average has financed between 9,000 and 10,000 single-family mortgages annually in Hawaii over the last decade, according to spokesman Brad German. In 2009, the most recent data available, Freddie Mac made total investments of $3.3 billion in the Hawaii market.
Under , which Gov. Neil Abercrombie signed into law in May, lenders will be required to meet face-to-face with homeowners for mediation before foreclosing on a property.
Additionally, the law places a moratorium on all new non-judicial “foreclosure actions” until July 1, 2012, for foreclosures covered under of the state statute governing foreclosures. It also requires lenders to prove they actually have the authority to foreclose on a property.
The Hawaii State Judiciary has said if more mainland mortgage lenders opt to send foreclosures through the judicial system, it could overwhelm Hawaii’s courts.
