Americans face post-foreclosure hell

NEW YORK - Many thousands of Americans who lost their homes in the housing bust, but have since begun to rebuild their finances, suddenly are facing a new foreclosure nightmare - debt collectors are chasing them down for the money they still owe by freezing their bank accounts, garnishing their wages and seizing their assets.

By now, banks have usually sold the houses. But the proceeds of those sales were often not enough to cover the amount of the loan, plus penalties, legal bills and fees. The two big government-controlled housing finance companies, Fannie Mae and Freddie Mac, as well as other mortgage players, are increasingly pressing borrowers to pay whatever they still owe on mortgages they defaulted on years ago.

Using a legal tool known as a deficiency judgment, lenders can ensure that borrowers are haunted by these zombie-like debts for years, and sometimes decades, to come. Before the housing bubble, banks often refrained from seeking deficiency judgments, which were seen as costly and an invitation for bad publicity.

Some of the biggest banks still feel that way.

But the housing crisis saddled lenders with more than $1 trillion of foreclosed loans, leading to unprecedented losses. Now, at least some large lenders want their money back, and they figure it's the perfect time to pursue borrowers - many of those who went through foreclosure have gotten new jobs, paid off old debts and even, in some cases, bought new homes.

'Just because they don't have the money to pay the entire mortgage doesn't mean they don't have enough for a deficiency judgment,” Florida foreclosure defense lawyer Michael Wayslik said.

Advocates for the banks say that the former homeowners ought to pay what they owe. Consumer advocates counter that deficiency judgments blast those who have just recovered from financial collapse back into debt - and that the banks bear culpability because they made the unsustainable loans in the first place.

'SLAPPED TO THE FLOOR”

Borrowers are usually astonished to find out they still owe thousands of dollars on homes they haven't thought about for years.

In 2008, bank teller Danell Huthsing broke up with her boyfriend and moved out of the concrete bungalow they shared in Jacksonville, Florida. Her name was on the mortgage even after she moved out, and when her boyfriend defaulted on the loan, her name was on the foreclosure papers, too.

She moved to St. Louis, Mo., where she managed to amass $20,000 of savings and restore her previously stellar credit score in her job as a service worker at an Amtrak station.

But on July 5, a process server showed up on her doorstep with a lawsuit demanding $91,000 for the portion of her mortgage that was still unpaid after the home was foreclosed and sold. If she loses, the debt collector that filed the suit can freeze her bank account, garnish up to 25 percent of her wages, and seize her paid-off 2005 Honda Accord.

'For seven years you think you're good to go, that you've put this behind you,” said Huthsing, who cleared her savings out of the bank and stowed the money in a safe to protect it from getting seized. 'Then, wham, you get slapped to the floor again.”

Bankruptcy is one way out for consumers in this rub. But it has serious drawbacks. It can trash a consumer's credit report for up to 10 years, making it difficult to get credit cards, car loans or home financing.

Oftentimes, borrowers instead will go on a repayment plan or simply settle the suits - without questioning the filings or hiring a lawyer - in exchange for paying a lower amount.

Though court officials and lawyers in foreclosure-ravaged regions such as Florida, Ohio and Illinois all say the cases are surging, no one keeps official tabs on the number nationally.

'Statistically, this is a real difficult task to get a handle on,” said Geoff Walsh, a lawyer with the Boston-based National Consumer Law Center.

Officials in individual counties say that the cases, while virtually zero a year or two ago, now number in the hundreds in each county. Thirty-eight states, along with the District of Columbia, allow financial institutions recourse to claw back these funds.

'I've definitely noticed a huge uptick,” said Cook County, Ill., homeowner lawyer Sandra Emerson. 'They didn't include language in court motions to pursue these. Now, they do.”