Continuing the Predatory Lending Fight

Wed, Jan 27, 2010

Law & Taxes


From the Neighborhood Assistance Corporation of America (NACA) web site:

NACA advocacy was instrumental in passing the federal Homeownership and Equity Protection Act (HOEPA) and the strongest state anti-predatory legislation in Georgia. NACA’s campaign against Fleet focused national attention to the issue of predatory lending. NACA brought over 400 people to testify in front of the Senate banking committee. The tremendous participation of predatory lending victims from around the country clearly had an impact on Chairman Riegal and Senator Alphonse D’Amato, who sponsored HOEPA. It was NACA’s grassroots mobilization that brought the issue to the elected officials attention and had them address it. NACA’s campaigns and other testimonies in front of the House and Senate committees were instrumental in the passing of the only federal legislation to combat predatory lending.

The campaign in Georgia reunited Governor Roy Barnes with NACA. Governor Barnes worked extensively with NACA in the Fleet Bank campaign. He was the lead attorney in the Georgia class action lawsuits against Fleet. Despite the Georgia Supreme Court rulings against all the lawsuits, NACA was able to negotiate a settlement for his class. The class received six million dollars and his firm two million dollars.

Governor Barnes was looking to pass comprehensive anti-predatory lending legislation. He needed grassroots advocacy to bring the issue to the legislatures’ attention. NACA mobilized hundreds of NACA members who converged on the Georgia statehouse. NACA organized a loan closing in the rotunda of the state house, to refinance a NACA Member out of a predatory loan with Wells Fargo. NACA was able to get Wells Fargo to reduce the payoff by $20,000 to make the loan affordable. NACA advocacy was instrumental in providing Governor Barnes with the opportunity to pass the strongest lending protections in the country.
NACA has worked in mobilizing predatory lending victims and supporters in other states and continues its advocacy in providing the opportunity to pass comprehensive and effective lending protections against predatory lending.

Tags: Laws, litigation, NACA, predatory lenders

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2 Comments For This Post

  1. Wayne Darling Says:

    My wife and I were conned into a morgage that we really thought we could afford. We put our life savings down on an FHA morgage. Now I understand that we could have put much less down and at least be able to get by. We have a condo fee that we knew about but wasnt taken into account when getting the mortgage. I want to pay my bills , but I feel as though we signed things that were not properly explained. I have applied for a modification but, we are getting mixed advuce from the back. (bank Of America, Cuntry wide Mortgage) My wife is disabled because of traumatic brain injury and I knew very little about the mortgage process. Can you help us?

    Todd Temaat Reply:

    I would recommend finding a trusted friend or adviser to help you through this. Someone that has some real estate or mortgage experience…maybe from church, school, work, or a community organization. If there’s no one like that, I’d recommend checking out the Find an Attorney page on the National Assoc of Consumer Advocates website: http://members.naca.net/findanattorney/

    If that doesn’t work, drop me an e-mail and I can refer you to a lawyer/modification expert I trust.

  2. russ bear Says:

    Please we need help to save our home. Our mortgage was sold to a company named Litton Loan which operates out of Texas. Naturally we were not made aware of this sale until after the fact and did not realize that they are predatory lenders. We have been trying to work with this company since October 2008 when we sent them $3,000.00 and wanted to try and get a loan modification because we are upside down in this house. We sent them all of the required documents that they needed twice and after a period of a couple of weeks we receive an amount of monies that they felt was needed to start the modification. With money in hand over $4,000.00 we where ready to send them the money but asked for confirmation of terms which where forgiveness of $33,000.00 on the loan and payments would be $1,500.00 for three months and then reduced to $1,001.00 for the length of the loan. Again after phone call after phone call no response for about three weeks. When they got back to us they said we were to late for that offer and now they wanted $10,000.00 down,$3,000.00 a month for 19 months and then they might do the modification. Our house was put into foreclosure and do to sell on March 11th.,2010. The only thing that I could do to stay the foreclosure was to file bankruptcy. Right now I am in the process of completing the final forms and not happy about taking such a measure. Please help us save our house. Thank you. This company is on the rip off list.com and has many, many complaints and law suits against them.

    Todd Temaat Reply:

    I wish I could do more for you, but about the best I can do is recommend you contact a lawyer about it. You can find one at the National Association of Consumer Advocates website…they have a find a lawyer application you can use to find one that specializes in predatory lending in your area.

    I’ve also sent your question to a couple of lawyer friends and a mortgage broker I know to see if they have any ideas. I will post an update if/when they get back to me.

    Again, I’m so sorry I can’t be of more help.

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