Bank of America Withdraws Motion to Dismiss to Engage in Settlement Negotiations

Shaffer & Gaier, LLC represents nine homeowners who had negative amortization loans with Countrywide (Countrywide was, of course, bought by Bank of America.). Our firm represented these homeowners who brought a consolidated lawsuit against Bank of America for their fraudulent and duplicitous conduct. All of these homeowners were victims of Countrywide’s negative amortization loan scheme which they used to defraud these homeowners. Countrywide offered a variety of loan products that were both financially risky and difficult for borrowers to understand, including payment option ARM’s. Countrywide craftily hid the true cost of the loan from the homeowners by failing to issue accurate Truth in Lending Disclosure forms thereby luring the homeowners into thinking the loan was less expensive than it actually was.

The option ARM, which Countrywide classified as a prime product, is a complicated mortgage product which allows borrowers to pay a “teaser rate” then the rate jumps up beyond reasonable market levels. However, the homeowner is tricked into paying part of the principal only. Therefore, the loan keeps recalculating causing the homeowners to lose additional value. Bank of America filed extensive Motions to Dismiss and our law firm filed responses to those Motions. After significant litigation, Bank of America has agreed to withdraw those Motions to Dismiss to allow the parties to continue with settlement negotiations. Our firm welcomes inquiries into these negative amortization loans, payment option ARM’s and any other fraudulent or deceptive loan product offered by Countrywide, Bank of America or any other lending institution.

Contact Shaffer & Gaier

To set up a free initial consultation, contact our office online or call our foreclosure hotline at 855-289-1660. Or call our office location in Philadelphia at 215-751-0100, or in New Jersey at 856-429-0970.

It Might Be a Good Time to Buy

Mortgage rates remain low and the housing market is showing signs of recovery. Even new construction is picking up. And best of all, the Consumer Financial Protection Bureau issued guidelines in January which protects consumers from the kinds of mortgages that contributed to the financial market and housing market crash.

Still, there are many ways that a buyer can end up short end of the stick by paying more than they should. The devil, as always, is in the details, and when it comes to home buying, those details are deeply imbedded in the mortgage documents. For instance, be careful to rely on the Good Faith Estimate to determine the closing costs and the amount of the loan over a 20 or 20 year term. This is because the Good Faith Estimate really just lumps all of the closing costs onto one document and it makes it very hard to see the fees which could be hidden in the loan.

Another safe guard is to S…L…O…W down the closing. Of course, there are times when a prospective homeowner feels the need to get to closing as soon as possible – marriage, a new baby may be on the way, or you just gotta get that house, etc. When this occurs, there is often the urge to tell the mortgage company something like “Look, can you get my deal done ASAP?”. This will undoubtedly lead to many unwelcome surprises at closing, when additional fees or costs are added. The homeowner can throw a fit and protest, but that will most likely be met with the broker asking if they would like to cancel the deal, which often comes with $1,000+ cancellation fee. One of the ways to avoid this is to choose a mortgage that has no closing costs. The interest rate will probably be higher, but you’ll at least know what you’re paying for. But beware—while this may be a wise decision in the short run, it could end up costing a lot more over the life of the mortgage because of the higher rate.

Contact Shaffer & Gaier

To set up a free initial consultation, contact our office online or call our foreclosure hotline at 855-289-1660. Or call our office location in Philadelphia at 215-751-0100, or in New Jersey at 856-429-0970.

Oversight for Risky Mortgage Lending Practices – Finally

On January 10, 2013, Federal regulators unveiled a range of obligations and restrictions on lenders for residential mortgage loans. These include bans on risky “interest-only” and “no documentation” loans that were largely to blame for the last decade’s housing crisis. The Consumer Financial Protection Bureau is the Federal entity in charge of implementing and carrying out the review, all of which will take effect in 2014.

Importantly, lenders will now be required to verify and inspect the borrower’s financial records, wage verification, employment verification and credit history. Federal regulators are hailing the restrictions by claiming that this will make sure that people who work hard to buy their own homes can be assured of greater consumer protections and reasonable access to credit. The rules also limit features like “teaser rates” that adjust upward and large balloon payments that must be made at the end of the loan. In the past, mortgage lenders found it very easy to hide or disguise these dangerous features of the loans.

An important aspect of the regulations is a new product called the Qualified Mortgage. These loans are expected to be the most common, and will have to meet affordability standards, including that the borrower’s combined debt payments cannot exceed 43% of income. Through their strong and effective lobbying efforts, the banks were able to craft various protections, including one that would largely insulate the banks from losses when some of the new loans go into foreclosure. This protection is called a “safe harbor” because it substantially limits a borrower’s ability in court to claim that a qualified loan was not affordable. The banks, however, got less protection on loans with higher interest rates to borrowers with weaker credit (sub-prime).

The new rules will also allow borrowers to introduce oral evidence to make their cases in court, if they can get their case into the courtroom in the first place. A borrower, for instance, could tell the court about a conversation with a loan officer that suggested a loan was unaffordable from the offset and should not have been made. This is called “parole evidence”, and is often not admissible in court. All in all, it is a step in the right direction, albeit about 10 years too late.

In my view, the regulators could not apply too many restrictions to the banks for fear that they would tighten the credit market and make it increasingly difficult for all borrowers to apply for and secure a new mortgage loan, and these rules may have been written in part so that the housing recovery of 2012 continues.

Contact Shaffer & Gaier

To set up a free initial consultation, contact our office online or call our foreclosure hotline at 855-289-1660. Or call our office location in Philadelphia at 215-751-0100, or in New Jersey at 856-429-0970.

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