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Eieio
December 7th, 2009, 09:54 PM
Banks could face round of lawsuits over lending practices

BY CHRIS RIZO


PHOENIX, Ariz. (Legal Newsline)-The U.S. financial industry could face another round of multistate lawsuits over their home lending practices, attorneys general told Legal Newsline.

Dismayed that many lenders have not made it easy for struggling homebuyers to modify existing loans, Arizona Attorney General Terry Goddard, a Democrat, said legal action against mortgage lenders may be in order.

"It's been frustrating," Goddard said. "Banks have been very slow to make modifications."

Last year, a $8.68 billion settlement between 11 states and Bank of America, parent company of Countrywide Financial Corp., was reached over its lending practices, forcing the company to make a wave of loan modifications.


Illinois Attorney General Lisa Madigan and California Attorney General Jerry Brown were the first of several attorneys general to sue Countrywide, the nation's largest mortgage lender prior to it being sold to Bank of America in July 2008.

Goddard said state attorneys general have made curbing the number of home foreclosures a priority.

"We would all prefer to simply have a more transparent and simple modification process," Goddard told Legal Newsline on Thursday, at the conclusion of the National Association of Attorneys General winter meeting in Phoenix.

In addition to Countrywide, other banks sued by attorneys general in multistate actions include Household Finance Corp. and Ameriquest Mortgage Co. The companies have both discontinued loan originations.

At the three-day NAAG meeting, the nation's mortgage meltdown was the "biggest consumer topic on the table," said Goddard, who is widely expected to run for governor next year.

He said because there are typically long waits for loan modifications, people at risk of losing their homes are falling prey to frauds.

Often times, he said, people who have fallen behind on their mortgage payments are contacted by nefarious firms that promise relief and charge exorbitant up-front fees but offer no help.

"People pay the money and that is the last that they hear from them," Goddard said, noting that his office has been flooded with consumer complaints about fraudulent loan modification services.


Link to full story: http://ow.ly/JHZz

macatawacab
December 8th, 2009, 04:03 PM
We think this is bad.............wait until the commercial paper resets.

With vacancy down, lease rates falling, cap rates will force commercial property owners to write large checks for equity contributions at renewal. Two things about that, banks aren't loaning so who has funds for the cash required at renewal? Second, many banks do not want to renew the commercial paper under any circumstances. That is happening big time in MI. :thumbsdown:

Banks here are just sitting on their funds or buying other banks.

nEighter
December 8th, 2009, 06:07 PM
will read later.. and GOOD! They need to be sued!!

Eieio
December 8th, 2009, 06:29 PM
will read later.. and GOOD! They need to be sued!!

While I agree in principal it will lead to an even more delayed recovery.. No one forced those loans on them..

Decoman
December 8th, 2009, 07:03 PM
While I agree in principal it will lead to an even more delayed recovery.. No one forced those loans on them..

no but a lot of people were given loans under false pretenses and did not understand them and have you seen a loan doc? people wanted to own the American dream and some shouldn't of but the bank "made it happen"

Leo G
December 8th, 2009, 07:40 PM
If the banks get sued, who do you think will eventially pay for this.

I'm guessing not the banks.

Eieio
December 8th, 2009, 07:47 PM
no but a lot of people were given loans under false pretenses and did not understand them and have you seen a loan doc? people wanted to own the American dream and some shouldn't of but the bank "made it happen"

It is not the banks fault that no one read the documents.. Trust me I am for the little man all day. But reading is fundamental baby..

framer55
December 8th, 2009, 07:50 PM
no but a lot of people were given loans under false pretenses and did not understand them and have you seen a loan doc? people wanted to own the American dream and some shouldn't of but the bank "made it happen"

Banks are partially responsible, but I have to say people that signed loans with variable interest rates have to assume part of the respon.

Decoman
December 8th, 2009, 09:21 PM
Banks are partially responsible, but I have to say people that signed loans with variable interest rates have to assume part of the respon.

that was point of my point is that people didn't even know they had those rates...

Most people can not understand half the mumble jumble in those docs... I know people were wrong as well but to me the greed of the banks is what fueled this current dilemma

framer55
December 9th, 2009, 08:57 AM
that was point of my point is that people didn't even know they had those rates...

Most people can not understand half the mumble jumble in those docs... I know people were wrong as well but to me the greed of the banks is what fueled this current dilemma


I will respectfully disagree with you.
I know in NY we are smart enough for the most part to hire our own attorney to assist at closing that will read the loan docs and give advice.

My feeling is that rates are disclosed with the terms, normally on the first page of a mortgage, and if people don't read and understand the implications, they are out of their minds for signing them.

100% loans, were an invitation for problems. I realize that vets have had no down loans for years, but they must have learned something by being in the service as they don't seem to have a high default rate.

It is the merican way, unfortunately to blame others, but I guess I am old school, I believe you have a personal rspon. to understand what you are agreeing to.:)

nEighter
December 9th, 2009, 09:09 AM
One could argue that even having these type of loans, knowing that there was going to be a high turn over rate is deceitful and intentional. Who were they kidding? Houses used to go up in price every single year.. no like a car that depreciates. If the people who got the loans defaulted.. that was no sweat off their nuts.. they could resale (while still being able to go after the previous owner) and make money on top of money.. it was all about greed.