SENATE CONCURRENT RESOLUTION NO. 10

(By Senator Deem)


Requesting the Joint Committee on Government and Finance study predatory mortgage lending practices.

Whereas, Certain financial institutions are aggressively recruiting customers for high-cost mortgage loans, often lending amounts which the customer can clearly never afford to repay; and
Whereas, This practice is commonly referred to as predatory lending or predatory mortgage lending; and
Whereas, Many of these institutions appear to be intent upon making those mortgage loans for the purpose of foreclosure in order to acquire the customers' homes. Many of these mortgage loans contain onerous terms that make them virtually impossible for some customers to repay; and
Whereas, Approximately one half of the states regulate predatory mortgage lending; and
Whereas, The citizens of West Virginia would benefit from a study to determine to what extent and in what manner the State of West Virginia should regulate predatory mortgage lending; and
Whereas, To determine the most effective means of regulating this industry, as well as to determine the impact of such action upon West Virginia citizens, it is necessary to study the practice of predatory mortgage lending; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study predatory mortgage lending practices; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.