J.P. Morgan Chase Settlement with Government Regulators

J.P. Morgan Chase is close to striking a $13 billion settlement with government regulators for a wide range of alleged mortgage-related wrongdoings. Of that amount, $6 billion will serve as compensation for investors, such as pension funds, that suffered losses from J.P. Morgan and two banks it previously acquired, Bear Sterns and Washington Mutual.

Another 4 billion dollars will be in the form of relief for struggling homeowners which will somewhat serve as a penalty for the bank’s general mortgage practices. The only “punitive” fine in the case is a $2-3 billion sum, which was the result of an investigation into mortgage securities that J.P. Morgan sold before the financial crisis.

What remains to be seen is the form of relief earmarked for struggling homeowners. In the past, instead of reducing principal on the mortgage loan balances, the banks have taken write-offs by way of a short sale or the write-off of a second mortgage. This does not help homeowners retain their homes; it just simply eliminates a debt after the homeowner has been forced to leave their home. As of October 2, 2013, J.P. Morgan and the regulators are still in discussions about how the $4 billion in homeowner relief will be carried out. We all hope for the best.

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.

Now Lenders are Being Extra Careful

During the mortgage lending boom in the middle of the last decade, prospective loan originators and mortgage brokers would lend money to almost anyone, whether the perspective homeowner had sufficient income to pay the loan back or not. In recent days, however, lenders are risk-averse, and they are demanding detailed documentation for all areas of the applicant’s financial status and background. Borrowers should be prepared to answer questions about gaps in their employment, pending lawsuits and even divorce proceedings.

There is, however, a limit to how much personal information can be requested. Questions about whether an applicant is pregnant are prohibited under federal law, but lenders have figured ways of getting around those delicate (and unlawful) inquiries. For instance, the lender may ask a young woman, applying for a mortgage on her own, whether she has any children yet, or whether she likes children. While this may not be unlawful, it certainly is a turn-around from the way business used to be conducted. Racial profiling is fair game in the paperwork, largely so regulators can identify and keep statistics on whether race is a factor in the kinds of loans offered, interest rate and other qualifying factors.

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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