AUGUSTA, Maine — The Maine House of Representatives on Monday sustained last week’s veto by the governor of a bill that sought to protect homeowners during foreclosure proceedings.
The House vote of 69-69 failed to get the more than two-thirds majority necessary to override a veto.
Since Gov. Paul LePage has taken office, the Republican-controlled Legislature has sustained all 16 of his vetoes.
The bill, LD 145, would have prevented large mortgage companies from foreclosing on homes on which they might not have legal ownership. It further would have required banks to present the original mortgage note or proof of ownership before court proceedings.
LePage said he agreed with the intent of the bill, but would have liked to see increased penalties for bad lenders, not measures he said draw out the process. He also said the requirement on banks was burdensome.
“This law would not do anything to shorten the foreclosure process in the state of Maine,” the governor wrote in his veto letter to the Legislature. “Instead, it would add a new burden on our lenders to produce original copies of documents or swear under penalty of perjury why they are not able to.
“This will simply create more paperwork in the foreclosure process with little benefit for Maine people,” he added.
Only the bill’s sponsor, Rep. Bobbi Beavers, D-South Berwick, spoke prior to Monday’s vote.
“This veto hurts too many Mainers,” she said. “LD 145 was thoroughly vetted by the Judiciary Committee over 15 months. It will not delay [foreclosure] proceedings for one second; it will speed it up.”
After the vote, Beavers had stronger words.
“Telling the truth should not be a burden,” she said. “Republican lawmakers have put unscrupulous big banks ahead of struggling middle-class families. This bill simply protects struggling homeowners from the widely reported abuses of the national mortgage companies.”
Chris Pinkham, president of the Maine Bankers Association, supported the governor’s veto and said it would have negatively impacted Mainers.
“Extended foreclosures also add administrative costs to lenders and those costs are calculated into future mortgage loan interest rates,” he said. “Maine consumers who are paying their mortgages, attempting to refinance a mortgage or trying to sell their home do not benefit from LD 145. Future foreclosure legislation must be reviewed carefully to consider how it will impact citizens, not just the ones who have breached their mortgage loan contract and are facing foreclosure.”
Monday’s House vote, which came down mostly along party lines, demonstrated the power sometimes carried by gubernatorial vetoes.
When LD 145 was passed in the House and Senate earlier this session, both votes received well above the two-thirds majority needed to override a veto.
When the veto vote came up on Monday in the House, though, several changed their initial vote.
Follow BDN report Eric Russell on Twitter @BDNPolitics



Yay rich bankers ! Who’s your buddy ?
This makes it obvious where the loyalty lies for this governor and his cronies.
11 / 6 / 2012
They made their beds come election time they can lay in them.
Who voted on the side of the Governor?
http://www.mainelegislature.org/LawMakerWeb/rollcall.asp?ID=280039159&chamber=House&serialnumber=284
The “Y”s are the good guys who voted to hold banks accountable and the “N”s are the bad guys who voted to shaft their constituents.
Those who voted for the bill then could not summon the courage to stand up for their districts and vote to override the veto are men and women without conscience. They deserve LePage and he basks in their incompetance.
Call the incompetence what it is. COWARDICE, plain and simple. They voted to overide Paulie and then when they had to stand up for their District’s publicly, well, they just plain ole’ Q-U-I-T and took the easy way out, claiming Party loyalty. If nothing else we all, especially those of us north of Bangor, now know who’s gonna be standing up for us and who’s gonna be the one to get us all bent over the sofa when Paulie decides that the voter’s aren’t worth standing up for. As has been said here, November is coming. The electoral target list has now been published. Batter up !
It is important to understand what this bill was and wasn’t all about. It was not about protecting people who were not making their mortgage payments. It was about having the lender prove that they were in fact the lender and had documentation to show that they were. There was even a provision for lenders who could not produce the proper paperwork, they could have sworn under the penalty of perjury that they had the right to foreclose. Isn’t it strange that the people who just a few short weeks ago were so worried about someone being able to cast a vote without some type of proof of identification now will allow someone to foreclose on your house and not have to provide proper documentation. By their actions today the tea party Republicans in the Maine House have sent two loud and clear messages to The Citizens of the State of Maine. Banks are more important to the Republican House Members then The Citizens of Maine are and that the Maine House Republicans will stand behind Paul Richard LePage until the end. Basically what the Maine House Republican have said to the Citizens of Maine is, “UP YOURS”. For those of you still wondering when the end will come think November 6, 2012. After that date there will be more snowballs lining the walls of hell then there will be Republicans in Augusta.
The Republicans are stuck on stupid and waiting for dumb to come, as you stated that day is close at hand and they’ll be wondeing ….. wah-happened?
This is just another example (16 of 16!) why the GOP/Tea Party House and Senate majorities need to go! If a man like LePage always gets what he wants (Let’s use hiring family members on our dime as an example) the people will get nothing but screwed over and over and over. No thanks.
Hmm, At least 4 D’s voted Nay on this also, a few more decided not to vote at all . No mention of them ?
Funny how the governor and the republican party wants us to have Id’s to vote , but in the same vein, don’t want the banks to have to actually produce evidence that they can do what they are doing. Whatever happened to due process/ Oh yes, it works for institutions and the rich.. they don’t get foreclosed on.
Yup, that’s nice. Now, back to my question?
I promised that I would post the name of all legislators who flip-flopped on this one–first by voting to protect we the people of Maine from the out of control banksters and then by voting against the people of Maine to support our loser of a governor and his out of state special interest donors…….
So here it is–The Maine State Representative Wall of Shame:
B. Ayotte -Caswell, A. Casavant – Biddeford, K. Chase – Wells, H. Cotta – China, D. Crafts – Lisbon, D. Cray – Palmyra, P. Curtis – Madison, P. Davis – Sangerville, L. Dunphy – Embden, P. Edgecomb – Caribou, E. Espling – New Gloucester, J. Gifford – Lincoln, R. Long – Sherman, J. McKane – Newcastle, K. Olsen – Phippsburg, J. Pichiotti – Fairfield, K. Rosen – Bucksport, R. Sarty – Denmark, B. Turner – Burlington, R. Wallace – Dexter
I recommend writing, emailing, calling these folks if they are your representative and asking them why they want banks to be able to foreclose on your home without proving first that they hold the title. Their addresses, emails and phone numbers are all on the Maine Legislature website.
http://www.maine.gov/legis/house/hbiolist.htm
Thank you for doing that. I should be greateful my represenative is not on the list, but I’m not because he voted for it the first time.Soon he’ll be knocking on my door again, asking for my vote. He never met a republican bill he couldn’t vote for.
Yep. I will get out and vote even if there is a blizzard blowing against my path. I shall not let the date pass by without having my vote count.
Does this mean that even though I have lost the original loan documents for the money I lent the State, secured by a large mortgage against the Blaine house, I can proceed to foreclose with only the unsigned bogus ones I am printing, as we speak?
Quite rightly!
Yup. Ya beat me to it…there are a couple of houses over on the waterfront that I kinda like….printing up some affidavits for them right now….so leave those to me, okay?
You can still be the holder of the second mortgage : )
Evict them, now !!!!!
This was a good business decision. As tough as it may be for us to face up to, he is absolutely right in his reasoning. He has the courage of his convictions.
What a Crock!
No. This was not a good business decision. And it will not speed up the foreclosure pipeline — contrary to the political spin being put out by the bankers, it will lengthen it. You see, it takes three or four times and about 10-15K spent by the homeowner in court to get a national bank to show documentation on a loan or admit they don’t have it.
LD-145 was designed to settle that question right at the start. Do they have ownership of the loan or not? It shortcircuited the national banks gaming our courts.
That said, its clear the national banks own the banking association here, the governor and the legislature. We, the people, have lost the right to see the documentation of anyone who shows up in court, swears out an affidavit that we owe them money, and sues us for our homes.
Make no mistake….these guys removed one extremely important protection FOR ALL PROPERTY OWNERS IN MAINE today. All of us are just one greedy banker away from getting dinged 10-15K in court to defend our homes.
All of us…even the people who own their properties outright and have never had a mortgage.
wow i was cold before i read that…now with all that hot air im very warm. thanks.
Let’s see…I get one Tea Party Repugnant to help get rid of November 6. We already dumped the Repugnant senator.
Only idiots would agrre with this limp —- governor. Sticking up for the bankers is insanity unless you are a banker, and proving that a “cause of action” is legal is common sense in common law which these republicans obscure.
Who voted for such deliquent minds.
“When the issue of jurisdiction is raised it shall be proven beyond a reasonable doubt”. This is the Maine law but not according to this impotent legislature. Morans abound in this land, it is unbelievable to a rational mind.
No wonder Maine is the worst rated in the Union!
He better enjoy this support while he has it, because it’s going to be a distant memory after the landslide election coming next fall.
Actually, the leading “light” of the effort to support the governor’s veto, and derail any effort to make the big banks comply with the same laws as the rest of us…..you know, we peasants who have to show up with every piece of documentation including our birth certificates…….is one
L.Gary Knight of Livermore Falls…..
People should let him know how they feel about his efforts in protecting the banks rather than the people of this state. He’s working so hard……so hard……we should all let him know how much we appreciate his efforts……
Dont breach the contract and you wont have to see a copy of it…the % of folks who are being wrongly foreclosed on is fractional compared to those who signed up for unattainable mortgages and are looking for a way out. nice try.
nice thought…..but you got to try a touch harder. these guys are rewriting property law and destroying the rights of people in the courts. What other business in this country is allowed to walk into court, swear a person owes them money, present no other documentation, and collect?
One? Do I hear you come up with one? Anyone? Ah, ….just the big banks? and just in Maine? No other industry? No other business? And in Michigan and three other states this behavior is actually criminal and can get you jail time?
Actually, the bill was to try to fix the situation where the banks were foreclosing on people without following the law. They were caught red-handed foreclosing on properties they did not own, having sold the mortgages long before. The banks had grunts who knew nothing about the facts robo-signing documents that were false.
So if they had to produce the originals, they would be proving they owned the property. It is good that you trust the banks to do the right thing, thinking they don’t need oversight, but the fact is they were caught doing what would be called stealing if you or I did it. Might be ok in your book, but mamma told me stealing is stealing.
http://www.southcoastaccidentattorney.com/faqs/what-is-robosigningnbsp.cfm
And this from the following website:
Typically, in a judicial foreclosure state, the lender proves the requisite facts by submitting documents and a written statement signed under oath (called an affidavit) by a person (usually a bank employee) who has reviewed the documents and who is supposed to have some personal basis for believing the facts to be true. The idea is to prevent foreclosures on homes where the foreclosing bank cannot prove that it actually owns the mortgage (which is more common than you might think) or where the homeowner is not actually in default to the degree asserted in the foreclosure papers.
http://www.nolo.com/legal-encyclopedia/false-affidavits-foreclosures-what-robo-34185.html
Give tax breaks to the wealthiest Mainers and strip any sort of foreclosure protection from the rest. Same old same old from the Guv’nah and his Heritage ilk.
If they Banks are found to be Foreclosing on Homes that they have NO Right too,Then aren’t they Practicing in Deceptive Fraudulent Misconduct and if so,WHY AREN”T THEY SHUT DOWN & PUT IN JAIL FOR THESE ACTIVITYS ?!!!!
they are in Michigan. Here …. not so much.
Nov. 6, 2012
Maine needs to get to some how get a petition started to get rid of governot lopage before the state of Maine Along with most of the states citizens end up either homeless or dead. The governot needs to be replaced immediately .
Just when we thought LePage couldn’t outdo his previously established level of foolishness
– here he goes, again!
All banks must be able to prove they are the debt holder, otherwise the whole mortgage lending/purchase system is jeopardized.
Obama 2012
LePage, a veto for us is not a vote for you.
We’re currently in the midst of the greatest mortgage refinancing frenzy of the past 5 or 6 years. Rates are now the lowest they’ve been since mid to late 2003, I worked with a company called 123 Refinance I refinanced my current mortgage to 3.12% search online for them if you are planning to do refinance.
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