Subscribe to Common Dreams News Updates
Most Popular This Week
Popular content
Today's Top News
Homeowner Rip-Offs Spark Scores of Lawsuits
BOSTON - Many of the biggest mortgage lenders in the U.S. have engaged in widespread, systematic schemes that ripped off hundreds of thousands of families seeking to buy a home, refinance or foreclose, according to lawsuits filed on behalf of consumers.
Hugo Malara, left, and his fiance Maria Sorto watch television at their rental home in Las Vegas, Monday, Feb. 23, 2009. At left is a portrait of young Maria Sorto. No longer able to make his monthly mortgage payment after losing his job at a neon sign company, Malara paid $800 to a former mortgage broker who advertised a 'money back guarantee' promised to help him negotiate to keep him in his home. They later learned that by the time they wrote him the check they thought would save their home, the bank had already sold it at auction. (AP Photo/Jae C. Hong) Scores of class-action lawsuits, from the 1990s and up to today, detail the illegal and questionable practices used by mortgage-lending companies that pushed millions into bad mortgages, then into bad refinancing loans and then into foreclosures with unfair fees.
The lawsuits have been filed by private attorneys and state attorneys general, and on behalf of NGOs.
Ameriquest, Countrywide Financial, H&R Block and Option One, HSBC Finance and Wells Fargo are just a few of the companies that have been sued - some repeatedly - for masterminding or carrying out plans to defraud families.
"Many of the mortgage lenders taking advantage of people today are those who were the biggest perpetrators last time around," Jim Campen, executive director of Americans for Fairness in Lending, told IPS.
HSBC, Britain's largest bank, and its entities Household International and Household Financial and Beneficial, wrote hundreds of thousands of sub-prime loans in the U.S. that have been the subject of multiple class-action lawsuits.
The company has gotten into trouble for its mortgages and consolidation loans aimed at people who are low-income.
It was sued in 2002 by attorneys general and paid 484 million dollars into a fund for harmed homeowners in all 50 states. It later settled with ACORN, and later with private attorneys. Complaints against the company are ongoing, according to Fair Finance Watch, an NGO.
Last week HSBC, which operates in Canada and recently expanded to India and Brazil, announced it planned to shut down its mortgage-related business in the U.S. due to a high rate of delinquency on its mortgages. It will lay off 6,100 U.S. workers.
According to a lawsuit filed in Illinois, HSBC found customers by scanning lists of people who held mortgages and also had high credit card balances with K-Mart, Best Buy, Costco and other retailers affiliated with HSBC that provided the lists.
After aggressive mailings and phone calls, HSBC would "trick" the homeowners into providing their Social Security numbers, which allowed HSBC to gain access to their complete credit histories, and use the information to talk people into high-interest consolidation loans, the suit says.
The loan amounts were so high - and with interest up to 20 percent - that they often far exceeded the value of the homes, and made it impossible for the family to ever refinance with a competitor, according to the lawsuit.
HSBC settled that lawsuit, denying any wrongdoing. It has since been sued by ACORN, the grassroots organisation, and others.
HSBC has plenty of company.
"There are dozens and dozens of cases against Countrywide," class-action attorney Jeffrey Norton told IPS. He is suing Countrywide on behalf of thousands of plaintiffs who are being charged unfounded fees during loan modifications and foreclosure.
"When someone gets a loan modification agreement, there is one line that says 'fees.' It can be anywhere from hundreds to thousands of dollars. No one can get answers as to what the fees are comprised of," Norton said.
After receiving many complaints, the National Association for the Advancement of Coloured People (NAACP) filed suit against HSBC, Countrywide and 17 other big-name lenders in 2007, for charging higher mortgage interest rates to people of colour.
The suit, still underway, may help correct the "egregious, demoralising practices that too often turn the so-called American dream of homeownership into a nightmare," said NAACP chairman Julian Bond.
Named in the suit are: Ameriquest, Accredited Home Lenders, Bear Sterns, BNC Mortgage, CitiMortgage, Encore Credit, Fremont Investment & Loan, First Horizon, First Franklin Financial, GMAC, JP Morgan, Long Beach Mortgage Company, National City, Option One, Suntrust Mortgage, Washington Mutual, Inc. and WMC Mortgage Corporation.
"If Congress did a better job this could have been prevented," Odette Williamson, staff attorney at the National Consumer Law Centre, told IPS about predatory lending. Housing advocates first noticed an escalation of discrimination and abuse in mortgage lending in the 1990s and brought their concerns to Congress.
"We hope that with the folks in there now that they realise the importance of getting stronger protection for consumers on the books, so we can prevent the next round of predatory lending," Williamson said.
ACORN said it backs President Barack Obama's foreclosure prevention plan.
"President Obama hit a home run with his proposal," said Bertha Lewis, ACORN CEO. She said, however, homeowners need immediate protection from foreclosure and predatory lenders.
Cash-strapped attorney generals offices across the U.S. have devoted significant time and money to suing large lending corporations and trying to stop the abuses.
"It is a main priority for attorney generals," Amie Breton, spokeswoman for the Massachusetts attorney general, told IPS.
Attorney generals recently won a 325-million-dollar settlement against Ameriquest, which writes the most sub-prime loans in the U.S., due to nationwide, predatory lending.
"The abuses were systemic in nature and number - tens of thousands of victims nationwide - and the damage was catastrophic in real life, human terms," said Connecticut Attorney General Richard Blumenthal.
"Consumers lost their homes because they could not afford interest rates on loans after Ameriquest fabricated income and inflated appraisals and trapped them with inadequately disclosed pre-payment penalties," Blumenthal said.
Ameriquest routinely fabricated consumers' income by claiming that recipients had phony "sewing" or "lawn" businesses. The company even claimed that an elderly Connecticut woman had a sewing business, even though she was blind, according to the Connecticut attorney general's office.
A suit underway by the attorney general in Massachusetts says that H&R Block and its affiliate Option One charged closing costs to black and Latino mortgage customers that were up to four times those charged to whites, on top of a mortgage with high interest.
"We are alleging that H&R Block had people going to places of worship in certain neighbourhoods trying to get black and Latino borrowers into these loans," Breton said.
If a family fell behind in its payments of the high-interest mortgage, H&R Block affiliate Option One called them and threatened immediate foreclosure, unless full back payment and substantial fees were paid within 48 hours, the suit says.
No receipt or documentation was sent to the distressed families who made the back payments, the suit says.
Then, new loan terms were drawn up by Option One that were more onerous than the original mortgage, such as placing the home in foreclosure if for the life of the new loan the family was late in paying by just one day.
"Top to bottom these loans were destined to fail," Breton said.
The Massachusetts attorney general has issued a temporary injunction against H&R Block, preventing it from foreclosing on any homes.
- Posted in

18 Comments so far
Show All"Last week HSBC, which operates in Canada and recently expanded to India and Brazil, announced it planned to shut down its mortgage-related business in the U.S. due to a high rate of delinquency on its mortgages. It will lay off 6,100 U.S. workers."
If there is a high rate of delinquency, perhaps that says more about their lending practices than the borrowers. Moving offshore? Sounds like they've been rumbled, and are moving where the regulations are even more lax, or at least they will not be asked questions.
I don't mean to single out HSBC -- they would be no worse than a bunch of others.
The financial industry is no more regulated today than it was 2, 3, 4, 5... years ago when it perpetrated the subject crimes (Technically not crimes, after all, 30 years of deregulation has decriminalized those crimes), freeing the offending companies to continue ripping off consumers forever.
Although Obama's "team" talks about "oversight", "consolidation of oversight" and other nebulous concepts concerning financial industry changes, they are careful not to talk about the possibility of re-regulating the industry that gave him at least $20 million for his campaign. The token changes Obama hints at will only make things worse.
Obama's bank bailouts and failure to re-regulate the financial industry are turning what should have been a 3 year recession into a 30 year depression.
There are trillions of private investors' dollars waiting to be invested. None of it will be invested until Obama re-regulates the financial industry.
Sioux Rose
RAY: I find these things DEEPLY troubling, too. Add to it the noise about escalating military style "solutions" in Afghanistan, and not prosecuting Bush & Cheney, not rescinding FISA, not IMMEDIATELY closing offshore prison/detention (torture) camps, and a good many other things. I know he's doing a FEW good things, but it seems like crumbs when just souls are STARVING for more than that.
This article should be mandatory reading for those who believe this crisis is the fault of "greedy " homeowners who bought too much home. Many have been saying all along that the business climate created by the Bush administration, and in fairness, Clinton before him and going back to Reagan, allowed ever more unscrupulous practices in a search for ever more profits.
While our new President refuses to look backwards those who crashed our economy are reaping the rewards of their crimes. The former CEO of Bear Sterns, James Cayne, now retired after ruining one of the oldest and most
venerated investment firms, just purchased a 28 million dollar apartment overlooking Central Park in Manhattan. Yup twenty eight million, no misprint.
More and more I'm convinced we have a mental illness epidemic in this country.
How can we have so many people willing to trick blind senior citizens out of their homes in order to make a living?
Is it something in the water? Electromagnetic waves? Ivy League business schools?
These ill people need to be identified and treated or they'll be our ruination.
These sociopaths are a threat not only to the country but the entire planet.
It's indication of a society lacking in morals, that covets money above all else, that is disconnected from a community of people. You are right, it is sociopathic behavior. It should be illegal behavior, any law makers listening?
It sounds like the State Attorney Generals are taking legal action against the perpetrators. This is good news. One, they're going after these mortgage brokers who committed fraud, and two, they're doing it with the laws already on the books.
I am saddened that you think cosmetic solutions meaningful.
Sioux Rose
CYGNUS: The LOVE of money is the purported root of all evil, and REAGAN gave greed a facelift. Add that to the elaborate works of the likes of Grover Norquist and the Chicago School Boys and the slate was set for all kinds of abuse of others... lots of megachurches sing hymns to the "tune of" "God wants you to be rich, too!" And the followers believe it. To be rich is to show God's blessing in their eyes, and therefore HOW they come to their ill-begotten gains is not taken much into account. With so much let out of Pandora's Box, now we're left with the man from HOPE to offer what little assistance he may.
It's called Reaganomics, or voodoo economics: take from the poor to give to the rich. Greed is good. Trickle-down. Deregulation. Shrinking government till it's small enough to drown in a bathtub. And all of it underpinned by racism and religious fundamentalism.
It's sick alright. And, it's still be shouted from the rafters of corporate media every day and night.
The irony is that "voodoo economics" was a term Poppy Bush used to describe Reagan's economic policy during the 1980 primaries...
Greed and arrogance coupled with an I, Me, Mine mindset may go a long way toward defining, but explanations fail me.
BUILDING SEVEN
Qantas
Joe
And because Obama is a Democrat, there will be no viable oppsition to anything he does - except from the loony right of course.
My local "peace and justice center" dedicated much of the laast issue of their monthly newspaper to fawning over the guy.
Nothing new here just a repeat of the Clinton years, although Obama seems to be even more "free market" worshiping.
---USAn---
As I see it. The stock market dropped dramatically days after the 2000 election, resulting in the "dot.com" bubble burst. Due to uncertainty over the outcome, investors moved assets out of the stock market and into tangible property, driving up real estate prices. With the Fed chairman loosening credit, banks made loans designed to both "bundle" and "fail" just to churn fees.
During his 1st term, Bush specifically stated that he wanted to increase the number of homeowners. He called this (the economy) an "Ownership Society". It was a deliberate attempt to loot from the poor.
"The Racketeer Influenced and Corrupt Organizations Act (commonly referred to as RICO Act or RICO) is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization"
When do we start calling a "spade and spade?"
The predators who gain wealth by feeding off the normal, average type of person who wants to work and raise a family and retire with a little dignity are criminals. They need to be treated as such. As a Citizen, I have the right to expect my government will protect me from these thieves instead of legislate to enable their criminal activities.
The problem with proceeding as you suggest is that our justice system would have to come to the understanding that capitalism is organised theft. I doubt that they can make this leap of intellect.