Home Loan Protection Act will take on institutions that prey on the ill-informed

LANSING – With home foreclosures skyrocketing to Depression-era levels, State Representative Pam Byrnes (D-Lyndon Township) today voted for the Michigan Home Loan Protection Act, a comprehensive legislative package that cracks down on predatory mortgage-lending practices and strengthens consumer protections in the face of the collapsing subprime mortgage market.

"The deceitful and misleading practices of predatory lenders have gone unchecked for far too long," Byrnes said. "There are more than two dozen states that have already clamped down on predatory lending by adopting basic guidelines that protect consumers. It is time for Michigan to join these other states and make sure our homeowners are no longer taken advantage of."

The Michigan Home Loan Protection Act will:

• Ban predatory lending practices, such as making loans without requiring a borrower to prove their ability to repay the loan, encouraging a borrower to default, charging excessive late fees and charging fees for a payoff statement.
• Protect homeowners' equity by prohibiting home refinancing to generate fees for the lender unless there is a tangible net benefit to the borrower.
• Protect consumers from being steered toward high-cost loans when they would otherwise qualify for a traditional loan.
• Require vulnerable borrowers to receive independent counseling from a certified third-party, non-profit counselor.
• Give injured and aggrieved homeowners legal recourse so they can independently enforce these consumer protections against unscrupulous lenders.

According to the latest figures from RealtyTrac, an Irvine, Calif.-based online foreclosure firm, Michigan ranks fifth in the nation in foreclosures, with 12,792 foreclosure filings in May 2008. More than half of the country's foreclosure activity last month took place in just four states: California, Florida, Arizona and Michigan, according to RealtyTrac.

According to federal data, sub-prime borrowers are often steered by brokers into signing Adjustable Rate Mortgages (ARMs) and are not given the option of fixed-rate loans, nor informed of the inherent risks of ARMs. Some lenders and brokers write loans they know borrowers cannot afford just to collect the fees and commissions. Federal home-loan agencies Fannie Mae and Freddie Mac estimate that 30 to 50 percent of all borrowers with sub-prime loans could have qualified for more affordable mortgages.

The Michigan Home Loan Protection Act is a key component of a comprehensive strategy touted by House Democrats to combat the rising tide of foreclosures currently devastating Michigan. Other pieces of this strategy include Save the Dream, mortgage loan officer regulation, combating appraisal fraud, and streamlining tax foreclosure law.

"Every day you turn on the news and hear about the failing sub-prime mortgage market, and how it's affecting our economy," Byrnes said. "Michigan is among the states with the highest foreclosure rates in the country. We must place roadblocks against these institutions that specialize in and practice predatory lending. The time for misleading lending practices and the fattening of shady lenders' pockets is over."

MANCHESTER –- The MASCC was recently granted $71,000 by the Michigan Department of Transportation toward purchasing a new bus for services.

"I applaud both the Department of Transportation for their contribution and the MASCC for their effort to supply this service to our seniors," said State Representative Pam Byrnes (D-Lyndon Township). "The hard work of volunteers and drivers, under the leadership of Transportation Chairman Howard Parr, make programs like these possible. I can only hope that other areas of our state without services like these will look at the MASCC, see the successes they've had and decide to develop a transportation program of their own."

Since the 1980s, the MASCC has operated a federally funded transportation program for seniors in Bridgewater, Freedom, Manchester and Sharon townships, and the Village of Manchester. One bus is available to provide:

• Rides to senior meals and shopping trips.
• Transportation for local and out-of-town medical appointments.
• Scheduled activities.

"It's great that the MASCC can coordinate with the Northfield People's Express on the bidding for a new bus," Byrnes said. "The Northfield People's Express and the MASCC provide our seniors the opportunity to get from place to place. Programs like these create jobs for our residents and alleviate potential stress for our seniors and I hope that anyone in need of this program uses it."

LANSING – State Representative Pam Byrnes (D-Lyndon Township) today announced her next coffee hour will be held Monday, June 16, 2008. The purpose of the coffee hour is for Rep. Byrnes to meet and talk with her constituents about the issues they feel are important to them. It is an informal, free event open to the public.

The coffee hour will be held from 9:00 a.m. to 10:00 a.m. Monday, June 16, 2008 at the Manchester Village Hall, 912 City Road, Manchester.

For more information, call Representative Byrnes' office at 1-800-645-1581.

LANSING – State Representative Pam Byrnes (D-Lyndon Township) today announced her next coffee hour will be held Monday, June 9, 2008. The purpose of the coffee hour is for Rep. Byrnes to meet and talk with her constituents about the issues they feel are important to them. It is an informal, free event open to the public.

The coffee hour will be held from 10:00 a.m. to 11:00 a.m. Monday, June 9, 2008 at the McKune Memorial Library, 221 South Main Street, Chelsea.

For more information, call Representative Byrnes' office at 1-800-645-1581.

LANSING – State Representative Pam Byrnes (D-Lyndon Township) formally kicked off her re-election campaign for District 52 with a Spring Brunch at the home of supporters from the town she calls home - Chelsea, Michigan. Friends of Rep. Byrnes gathered on the warm spring day to meet and talk with the State Representative about the issues they feel are important to constituents throughout the district.

Pam was first elected to the Michigan House of Representative in 2004 and is currently serving in her second term. She is running for re-election because of her ongoing commitment to responsible government and common sense leadership. Pam is excited to continue her work in the House. Coupled with her experience, her ability to get things done in a principled, bi-partisan manner will be used to help build a new Michigan.

Pam currently serves in several leadership positions, including Associate Speaker Pro Tempore and Chair of the House Appropriations Subcommittee on Higher Education. She looks forward to continuing in these leadership positions and advocating for the citizens of Washtenaw County. Pam pledges to take every opportunity to roll up her sleeves to work together and develop sustainable long-term solutions.

For more information about Pam Byrnes campaign please visit her website at www.pambyrnes.com.

LANSING – State Representative Pam Byrnes (D-Lyndon Township) today urged House Republicans to stop playing political games with an appropriations bill that will fund an improvement project at Washtenaw Community College (WCC).

"The state is ready to invest in WCC," Byrnes said. "Supporting higher education is critical to creating jobs now -- we know that we must offer our students a top-notch education in order to help them compete in the global economy. Every day that the Republicans waste playing politics with WCC funding is another day Washtenaw County students are at a disadvantage."

At issue is Byrnes' House Concurrent Resolution 80, the final step in an appropriations process that split the cost of WCC's improvement project between the state and WCC. House Republicans attached Senate Bill 776, the controversial so-called partial birth abortion bill, to HCR 80, effectively stalling the bill on the House floor.

"Previous legislatures already approved funding for WCC -- my resolution is the final piece of the process," Byrnes said. "WCC has proceeded with the project with the expectation that the State would live up to its part of the agreement. To leave WCC hanging after promising the money is a disingenuous political gimmick. I call on House Republicans to remove their amendment to HCR 80 and focus on getting Michigan back on track instead of wasting time on election-year gamesmanship."

Lawmaker hosted town hall meeting to discuss the issue

ANN ARBOR – State Representative Pam Byrnes (D-Lyndon Township) hosted a town hall meeting Monday about mass transit and public transportation options in Washtenaw County. She was joined by Terri Blackmore, Executive Director of the Washtenaw Area Transportation Study; State Representative Marie Donigan (D-Royal Oak), Chair of the House Subcommittee for Public Transit; Dawn Gabay, Interim Executive Director of the Ann Arbor Transportation Authority; Jennifer Kalczuk of The Rapid in Kent County; and Carmine Palombo, Director of Transportation for the Southeast Michigan Council of Governments.

"Mass transit brings our communities together," Byrnes said. "It connects employers with employees; it connects doctors with patients; it connects businesses with customers. A thriving local economy and efficient, accessible public transit go hand-in-hand."

Byrnes pointed to the success of The Rapid -- which offers 19 fixed routes, demand-response services for people with disabilities and those living outside the fixed-route service area, car and vanpooling programs, and the Air Porter shuttle among other services -- as a model for the rest of the state.

"In our community, with our proximity to the Detroit area and Chicago, we are in a unique position to be a transportation hub for the state of Michigan," Byrnes said. "We have the talent, the expertise, and the public and private leadership right here in Southeast Michigan to build a world-class system."

Byrnes was recently appointed to a statewide transportation task force that will examine new and alternative funding sources for transportation in Michigan. The task force was created by law to examine the current state of transportation funding and make recommendations for potential sources of transportation funding to replace or supplement the current 19-cent gas tax and the 15-cent diesel tax.

LANSING – State Representative Pam Byrnes (D-Lyndon Township) today announced that her bill to make Northern spring peepers the official amphibian of the state of Michigan passed out of the Great Lakes and Environmental Committee and now heads to the full House for a vote.

Byrnes said she was inspired to introduce the legislation after she visited a fourth-grade class at Klager Elementary School in Manchester during March is Reading Month last year.

"The students gave the most wonderful presentation about peepers," Byrnes said. "They made an excellent case for the importance of frogs in our ecosystem. The class voted and decided the Northern spring peeper would be the best candidate for Michigan's official state amphibian."

A peeper is a small tree frog widespread throughout the eastern part of the United States. The spring peeper is small, attaining an adult size between 0.75 and 1.5 inches long. They have a dark cross on their backs roughly in the shape of an "X" and are mostly tan, brown, olive green or gray. Spring peepers are nocturnal frogs, so they are mostly heard but not seen. They are especially easy to hear due to their extremely loud mating call, which gives them the name "peeper."

At the committee hearing, Klager Elemtary teacher Ron Tindall, who brought his current and former fourth-grade classes, testified. Huron Valley Sierra Club member and local frog expert Gwen Nystuen also told the committee about how frog populations are an important indicator of environmental health. Zookeepers nationwide declared 2008 the "year of the frog," Nystuen said.

"The Klager students got to see up close how everyday people can affect state law," Byrnes said. "Their enthusiasm for this process was infectious and reminds me that I have the best job in the world."

LANSING – State Representative Pam Byrnes (D-Lyndon Township) has been appointed to a statewide transportation task force that will examine new and alternative funding sources for transportation in Michigan.

"Our transportation infrastructure is vital to the growth of both our state and national economy," Byrnes said. "Our infrastructure is literally crumbling around us. We need to find a stable funding source that will facilitate the mobility of people and goods throughout our state, as well as securing our ports of entry."

The task force was created by law to examine the current state of transportation funding and make recommendations for potential sources of transportation funding to replace or supplement the current 19-cent gas tax and the 15-cent state diesel tax. Speaker of the House Andy Dillon (D-Redford) said he appointed Byrnes to the nine-member task force because of her proven excellence dealing with transportation issues as both a former County Road Commissioner and as a member of the House Appropriations Subcommittee on Transportation.

Plan cracks down on elder abuse, protects seniors from becoming victims

LANSING – Washtenaw County Democrats today unveiled the Elder Financial Protection Act, a plan that aims to shed light on the reprehensible act of elder abuse by cracking down on criminals who financially exploit seniors for their own gain.

"Elder abuse is a crime that is more prevalent than most people are aware of. This increase is due to the number of seniors we have turning to other people to care for them or help manage their finances," said State Representative Pam Byrnes (D-Lyndon Township). "We must take action now to crack down on the perpetrators of this disgraceful crime."

Elder abuse ranges from abandonment and neglect to financial exploitation to emotional, physical or sexual abuse. Caregiver neglect comprised 20 percent of substantiated reports, according to a report from the National Center on Elder Abuse. Financial exploitation was the culprit in 15 percent of elder abuse cases.

House Democrats' Elder Financial Protection Act would:

• Make it mandatory for employees of financial institutions to report suspected elder abuse.
• Require financial institutions to provide joint accountholders with a written summary of their rights.
• Prohibit those convicted of elder abuse from inheriting from a victim's estate, and create an Elder Death Review Team to investigate suspicious deaths.
• Allow a third party to file a criminal complaint on behalf of a victim of elder abuse.
• Define financial exploitation as it relates to the Michigan Social Welfare Act.
• Define the rights of those who are incapacitated.
• Require a person who is granted power of attorney on behalf of a senior to sign a contract that details the person's obligations and fiduciary duties to act in the senior's best interest.

Michigan's Adult Protective Services investigated more than 9,300 cases of adult mistreatment in 2001, according to the National Center on Elder Abuse (NCEA). Adults age 60 and older accounted for 69 percent of the victims – an estimated 6,479 seniors. The investigations found that 70 percent of all victims suffered neglect and 15 percent were abused.

A 2004 survey of all 50 states conducted by the NCEA found that women are more likely than men to suffer from elder abuse or neglect, with two out of three elder abuse victims being women. The survey also found that two in five victims were age 80 or older. The same report found that 17 percent of elder abuse cases involved members of the victim's family.

"Our parents and grandparents deserve to be protected from the predators who seek to exploit them as they age and become more vulnerable to mistreatment and exploitation," said State Representative Alma Wheeler Smith (D-Salem). "Our legislation will help keep our loved ones safe."

In one case reported in the NCEA's 2004 survey, a 93-year-old woman's granddaughter moved into her house with her boyfriend, under the guise of offering caregiver assistance in exchange for free housing. The younger woman convinced her grandmother to add her name to the checking account. A bank teller at the older woman's bank noticed irregular account activity and reported it to Adult Protective Services. An investigation showed that the younger woman had become physically abusive toward her grandmother, pushing her down a flight of stairs. Authorities also learned that she had tried to get her grandmother to sign over the deed to the house.