S. Carolina high court halts thousands of foreclosure sales

COLUMBIA, S.C. (AP) — South Carolina’s highest court temporarily stopped thousands of pending foreclosure sales in the state Tuesday to give homeowners more time to take advantage of a new federal program to help them refinance mortgages.

The injunction — which mortgage experts said appeared to be the nation’s first court-ordered stop for an entire state — prevents judges in South Carolina from finalizing foreclosure sales on properties guaranteed by Freddie Mac, Fannie Mae or any other mortgage company that has signed on to a federal assistance program.

RealtyTrac Inc., a foreclosure listing firm, says the ruling could affect 5,000 South Carolina homes facing foreclosure.

The ruling was in response to a request from a Columbia attorney representing Fannie Mae, who had argued that it was necessary to keep homeowners who might be eligible for federal assistance from being shut out of the process.

“Absent the injunction, mortgagors eligible for relief ... could be denied their right to participate because their property was sold at the foreclosure sale,” lawyer Ronald Scott wrote in his three-page motion. “This qualifies as irreparable injury for which the court should provide redress in the form of a temporary injunction.”

Fannie Mae said the ruling was necessary because of a South Carolina law meant to ensure that foreclosures sales are conducted in a timely fashion. Under the law, judges can cancel a foreclosure case and start over if the sale is delayed for too long.

The company argues that South Carolina’s law gives lenders an incentive to speed up foreclosure cases because of the threat the process could be restarted, which would cost lenders more money.

“This ruling will allow us the flexibility to evaluate problematic mortgages in the state for possible eligibility for the [Obama] Administration’s modification program and reduce the overall borrower and company costs associated with the foreclosure process,” Fannie Mae said in a statement.

The Obama administration announced a plan in March to provide $75 billion in incentives for the mortgage industry to modify loans to help borrowers avoid foreclosure. Freddie and Fannie also rolled out a refinancing program for homeowners who owe up to 5 percent more than current total value of their home with an application deadline of June 2010.

Scott had asked the court to address about 1,000 South Carolina homes facing foreclosure and backed by Fannie Mae loans. But in her order, state Supreme Court Chief Justice Jean Toal expanded the stoppage to foreclosures backed either by Fannie or Freddie — together, the government-controlled companies own or guarantee almost 31 million mortgages, more than half of all U.S. home loans — or any other lender who has agreed to participate under the Obama administration’s plan.