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By Adrianne Appel
BOSTON (IPS/GIN) - Many of the biggest mortgage lenders in the United States
have engaged in 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.
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 non-profit organizations.
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,” said Jim Campen, executive
director of Americans for Fairness in Lending.
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 United States that have been the subject of multiple
class-action lawsuits.
The company has gotten into trouble for its mortgages and consolidation
loans aimed at low-income people.
It was sued in 2002 by attorneys general and paid $484 million 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, a non-governmental organization.
HSBC, which operates in Canada and recently expanded to India and Brazil,
has announced it planned to shut down its mortgage-related business in the
United States 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 said.
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 organization, and others.
HSBC has plenty of company.
“There are dozens and dozens of cases against Countrywide,” class-action
attorney Jeffrey Norton said. 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
said ‘fees.’ It can be anywhere from hundreds to thousands of dollars. No
one can get answers as to what the fees are comprised of,” Mr. Norton said.
After receiving many complaints, the National Association for the
Advancement of Colored People (NAACP) filed suit against HSBC, Countrywide
and 17 other big-name lenders in 2007, accusing them of charging higher
mortgage interest rates to people of color.
The suit, still under way, may help correct the “egregious, demoralizing
practices that too often turn the so-called American dream of homeownership
into a nightmare,” NAACP Chairman Julian Bond said.
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 Co.,
National City, Option One, Suntrust Mortgage, Washington Mutual Inc. and WMC
Mortgage Corp.
“If Congress did a better job this could have been prevented,” Odette
Williamson, staff attorney at the National Consumer Law Center, said 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 realize the importance
of getting stronger protection for consumers on the books, so we can prevent
the next round of predatory lending,” Atty. Williamson said.
Cash-strapped attorneys general offices in the United States have devoted
significant time and money to suing large lending corporations and trying to
stop the abuses.
Attorneys general recently won a $325 million settlement against Ameriquest,
writer of the most sub-prime loans in the United States due to nationwide
predatory lending.
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