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Cleveland lawmaker with Dayton roots pushes a moratorium on foreclosures

By William Hershey

Staff Writer

Sunday, February 15, 2009

COLUMBUS — Elections have consequences.

If you don't think so, meet Democrat Mike Foley.

Actually, you might already know Foley or at least somebody in his family.

He grew up in the Dayton area, graduated from Chaminade Julienne High School and the University of Dayton.

Then Foley, 45, headed for Cleveland where he's been ever since, with occasional visits back home, of course.

Brother Dan is a Montgomery County commissioner and father Patrick is a retired Montgomery County Common Pleas Court judge.

Mike Foley is a member of the Ohio House. Just a year ago nobody paid much attention to him or most other House Democrats.

Then Democrats captured control of the House in last November's election for the first time in 14 years. Foley became a big shot — chairman of the House Housing and Urban Revitalization Committee.

That puts Foley in a strong position to push his top legislative priority, protecting homeowners and renters from foreclosures and ripoffs.

He's getting ready to introduce legislation that would, among other things, impose a six-month emergency moratorium on all home foreclosures to allow time for everybody involved to get used to new rules for the foreclosure process.

In addition, the bill would give judges the authority to "cram down" or modify the term of a mortgage if the mortgage was worth more than the value of the property.

Foley's bill isn't guaranteed smooth sailing through the legislature and is expected to meet resistance from mortgage lenders and, if it gets through the House, in the Republican-controlled Senate. Foley, however, is confident he can get something done to improve things.

"I think foreclosure reform legislation is popular among people of the state," Foley said by phone on Saturday, Feb. 14, while back home in the Dayton area for a visit. "I think people are looking to government to weigh in and help to solve their problems."

Information released by the Ohio Supreme Court last week indicated foreclosures still are a problem in Ohio. Courts across Ohio in 2008 reported 85,773 new foreclosure filings, the 13th consecutive annual increase.

"This report shows that an unprecedented number of Ohioans continue to face the prospect of losing their homes and Ohio courts continue to struggle with record foreclosure filings," Chief Justice Thomas J. Moyer said in a press release.

In a way, Foley has been preparing for the issue ever since he arrived in Cleveland after college. His first job up there was as a community organizer in a Marianist volunteer service program. He eventually became a lawyer, specializing in housing issues and served as executive director of the Cleveland Tenants Association.

While problems with subprime loans, adjustable rate mortgages and related issues helped bring on the current economic slowdown, those issues have been almost overshadowed recently by layoffs, business closings and the dismal stock market.

Housing foreclosures still haunt millions of Americans, however. Foley's efforts appear to put him in sync with President Barack Obama who's expected to outline his plan to spend at least $50 billion to prevent foreclosures in a speech on Wednesday in Arizona.

"... Democrats are in control. Our instincts are to introduce legislation on behalf of the ordinary, regular people of Ohio," Foley said. "That's what this legislation is designed to do, to help out people who are getting creamed by this economy."

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