Archive for the ‘Bankruptcy and Predatory Lending’ Category

Wednesday, March 11th, 2009

Death and Debt Collectors

In today's economy, budgets are tight in many households. While people are losing their homes to foreclosure and their jobs to the financial crisis, life marches forward.

In addition to financial stresses, family obligations and emergencies can't be avoided.

When a Loved One Dies

The loss of a loved one is devastating.

In addition to the emotional and psychological pain, the financial pain can also be great.

If the deceased had no insurance coverage to cover funeral expenses, it’s typically the responsibility of the immediate family to cover the cost.

This can add an extra burden to a family who may already be struggling.

Debt Predators

At least one company is now actively pursuing payment for debts of the deceased, according to The New York Times.

Some grieving family members are receiving collection calls from DCM Services in New York.

DCM Services employs debt collectors to call relatives of deceased debtors and ask if they would agree to settle the deceased’s balances on credit cards, loans or other final bills—even though the family often has no legal obligation to do so.

Unfortunately, many people don’t know that.

DCM uses this to their advantage.

How Debt Predators Find Their Targets

The collection company uses carefully crafted tactics and scripts to convince a large number of people that coughing up cash they don’t owe is the right thing to do.

The collection agency has been so successful in convincing people to pay up, collection efforts on accounts of the deceased are becoming a bigger trend.

How They Do It

The company first checks nationwide probate court databases to find out if the deceased person has an estate open.

If so, the company may file a claim against the estate and attempt to have the debt settled through the probate court.

However, in cases where there’s no estate, calls are made directly to the next of kin with condolences—and an appeal for them to settle the deceased’s debts.

Debt collectors at DCM receive specialized training to prepare them to confront family members with a loved one's burden of debt and teach them to play the morality card when boldly asking for payment.

Many people don’t know that they don’t have any obligation to satisfy the debt but they agree to pay because they believe their loved ones would have wanted them to, or to avoid any suggested legal or credit problems.

The Facts

In general, unless a family member is a co-signer on an account, they’re not legally responsible for the debts of their deceased family member.

In most cases, there’s no risk of a family member being penalized for refusing to pay a debt left behind by the deceased.

But, unfortunately, this fact is artfully omitted during the collection calls, unless the family member asks the debt collector firmly and directly about their legal obligation to pay.

Learn more about how filing for bankruptcy may help stop creditor harassment.

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After AIG was bailed out by taxpayers and subsequently had a $440,000 AIG spa retreat, Americans were mad.

I’m sure many of us could have used a shoulder rub and spa treatments too after our taxpayer dollars were ripped out from under us.

As we’re recovering from that wave of outrage—we get a bit more outrageous news that we’re supposed to swallow: Countrywide Home Loans Inc. is refusing to follow an Illinois state ruling.

Last week Illinois bank regulators tried to stop Countrywide (which is now owned by Bank of America) from creating new home loans in the state, according to a Chicago Tribune article.

The regulators said they would only allow the company to restructure loans of its existing clients.

Countrywide blatantly said it will continue to be “open for business” and does not intend to follow the state’s ruling.

Haven’t we been hearing that much of the financial crisis is due to unregulated companies acting in their own self-interest?

---Do you need a bailout? Check out this filing bankruptcy information to see if bankruptcy could help you get out of debt.

Will these corporations ever learn that their rebellious actions not only hurt the people of this nation but they also ultimately come around and bite them in the derriere?

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While riding a a bus on Chicago's South Side last week, I noticed a particular sign amidst the CTA's ubiquitous row of advertisements offering consumers "checkbook loans."

The sign touted these loans as an alternative to payday loans and their notoriously high interest rates.

But what are "checkbook" loans?

This Chicago Sun-Times editorial hosted by the Woodstock Institute provides some insight into this "new" type of short-term loan that supposedly replaces the evil payday loan.

Illinois attempted to curtail some of the state's payday lending practices by passing the Payday Loan Reform Act in December 2005.

The act brought restrictions on terms of loans, interest rate caps and other mechanisms to prevent overborrowing.

However, payday loan stores found ways to skirt the regulations.

For example, the regulations were put in place for loans under 120 days, but payday loan stores retaliated by making over 1/3 of their loans longer than 120 days, avoiding the restrictions.

To make up for their losses under the restrictions, the companies charged even higher rates for the new loans.

Further, they began marketing the loans under new names to avoid the stigma of the term "payday loan": the new loans were often called "installment" or "checkbook" loans, according to the editorial.

The lesson here is that consumers should always pay careful attention to the terms of loans from cash advance and payday loan stores, no matter what they're called.

Don't let a little change in terminology pull the wool over your eyes. These types of loans have led people to filing bankruptcy.

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Countrywide Home Loans, one of the nation's largest subprime lenders over the past several years, has agreed to a settlement to resolve allegations that the company collected a host of improper fees and payments from debtors filing Chapter 13 bankruptcy.

The settlement recipient was a Chapter 13 bankruptcy trustee named Ronda J. Winnecour, who sought the loan histories for 293 bankruptcy cases in which she suspected violations of the U.S. bankruptcy code by Countrywide.

Specifically, she alleged that Countrywide "lost" or "misplaced" payment checks made by debtors in foreclosure purposefully, in an attempt to skirt protections offered by the U.S. bankruptcy code.

Despite denials by the company that the errors made were "systematic," Countrywide will pay Winnecour $325,000 in the settlement.

Countrywide has a history of fabricating documents in foreclosures, as well as apparently "losing" them.

They're paying for their deceptive practices, though, with layoffs of 12,000 employees as the company starts to tank.

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Julian Delasantellis reviews a year's worth of articles on the subprime crisis for Asia Times, and tosses out a few (admittedly unrealistic) solutions for the subprime mortgage iceberg.

Here's the crux:

The reason the problem keeps getting worse all the time is that this crisis is not a static event, but a dynamic, negative feedback loop process gaining a frightful momentum all the time.

The core issue here is that every subprime property foreclosed upon and then thrown back onto the market with a foreclosure auction adds real estate supply and thus depresses prices, which makes it impossible for the next subprime borrower to re-finance, so he defaults and his property gets thrown onto the already sodden market - on it goes.

Delasantellis later claims that the media and policymakers have misidentified the crisis as "subprime" when the real issue is a "structured finance crisis."

To this writer, his explanation is a dark forest, but when he stays with basic economics, I'm getting plenty of light.

To the extent that the subprime mess started not with subprime borrowers but complicit winking between the Fed and lenders (the Fed: did they not foresee any negative consequences for capping interest rates so artifically low in the late 90s/early 2000s?; the lenders: did they not foresee any negative long-term consequences for so much artificial high short-term gain?), Delasantellis is hitting the sweet spot of the real crisis.

Sure, selling off the foreclosed properties has begun to create its own market.

But just like the complicity that caused it, it's so...artificial.

And as far as the solution goes...gulp.

P.S. If you're facing foreclosure, you may want to check out filing bankruptcy.

[Fore example, did you knowChapter 13 bankruptcy was designed to allow debtors to repay their debts--interest free--while they can woprk to keep their homes?]

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The New York Times recently reported that Goodwill Industries, in collaboration with Prospera Credit Union has opened payday loan operations in some stores.

The Times story focused on Appleton, Wisconsin, a town of 70,000 people, five McDonald’s, three Pizza Huts, four Starbucks, and 19 payday-loan stores. Peggy Truckey owed nearly $1,300 to four of these payday loaners and was paying about $600 per month in finance fees.

At the Goodwill thrift store, Truckey got a payday loan at half the finance charge and, more importantly, got help converting her payday debts to a single one-year loan with monthly payments of just $129. Her one year loan carries an interest rate of only 18.9 percent, compared with the 572 percent she was paying to the payday companies.

Ken Eiden, president of Prospera, said: “Our goal is to change behavior, to interrupt the cycle of debt.”

Some consumer groups have been critical of non-profit payday loans programs, like Goodwill’s GoodMoney program. Uriah King, a policy associate at the Center for Responsible Lending, said “it’s still the same debt trap.” Prospera countered that borrowers are taking fewer loans through their program than they did through commercial lenders.

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With foreclosure levels reaching scary heights in the United States, it has become more and more common to hear about horror stories of mortgage fraud and predatory lending practices that have left homeowners unable to pay monthly mortgage payments and on the edge of financial desperation and even bankruptcy.

With that said, the Federal Reserve Board has introduced a new mortgage calculator that would ultimately allow prospective homeowners to make more educated purchasing decisions and determine what their monthly payments would be years from now.

Specifically, this mortgage calculator would allow homebuyers to compare the monthly payments and equity buildup of several different loan products over time, including 30-year and 25-year fixed-rate mortgages, interest-only fixed-rate mortgages, adjustable-rate mortgages, interest-only ARMs and payment-option ARMs. Learn more about this new federal mortgage comparison calculator.

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United States Housing and Urban Development (HUD) Secretary Alphonso Jackson said we must increase “transparency and honesty for lending on all levels and by all lenders” at a lending industry conference.

Jackson said that the Federal Housing Administration needs to be modernized as an alternative to predatory lending practices --- “We must restore confidence in lending practices, top to bottom. We can begin by exposing and ending predatory lending. There is no place for it in the housing industry or as an investment practice. Predatory lenders and mortgage fraud harm everyone in the home purchasing process, making it all the more necessary that we offer a safe FHA alternative.”

At the conference, Secretary Jackson encouraged Congress to assist him to combat predatory lending by passing legislation to modernize the FHA. Last year, the Bush Administration proposed a set of changes to the FHA program that would expand its reach by eliminating “outdated” downpayment requirements, customizing mortgage premiums for each homebuyer according to risk, and raising loan limits across the country.

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Minnesota’s Senate unanimously approved a bill to prohibit predatory lending practices in the mortgage industry. The Minnesota bill requires brokers and lender to ensure that borrowers have a “reasonable ability to pay.” It also bans certain types of mortgages to high-risk borrowers that have shown to be ripe for abuse.

The same bill has already been approved by the Minnesota House of Representative. It will go to Governor Tim Pawlenty for his signature. The Governor has been supportive of the legislation.

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Montgomery County, Ohio, Recorder Willis E Blackshear is trying prevent predatory mortgage lending. “Predatory lending is a countywide problem, and I believe government should be proactive in solving it,” Blackshear said.

Blackshear has proposed having an attorney review all mortgage documents filed with the county recorder’s office for signs of predatory lending, such as large balloon payments due several years into the loan or dramatic increases in loan rates. The recorder’s office would inform homeowners when mortgages are flagged as predatory.

Under Blackshear’s plan, the recorder’s office would either hire an attorney or pay Dayton University law students to perform the predatory lending reviews.

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