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Mortgage Fraud & Predatory Lending

The Home Ownership and Equity Protection Act (HOEPA) was enacted by Congress to protect consumers from high fees and interest rates associated with certain non-purchase loans secured by their homes.

Under this law, your loan is subject to the protections in HOEPA if:

  1. The annual percentage rate (APR) is 10 points (10 percent) higher than the rate on a Treasury bill for the same length of time (see, www.stocktrader.com and go to "Useful Resources" and then "Yield Curve" for T-Bill rates).
  2. The total amount of fees paid by the consumer at or before loan closing is more that 8% of the total loan amount and at least $451.00.

Under HOEPA, you are entitled to receive from a lender certain disclosures in writing at least three business days before closing. This information includes:

  1. A notice that the consumer could lose his/her home and any money put into it if he/she does not meet his/her obligations under the loan;
  2. The annual interest rate, amount of payments, and if applicable, certain variable rate information.

HOEPA also bans from high-rate, high-fee loans such terms as balloon payments due in less than five years, increasing interest rate at default, and most prepayment penalties.

Lenders are prohibited from loaning money to consumers without regard to the consumer's ability to repay the loan (called "asset-based lending"), and cannot make direct payments to home improvement contractors.


For more information on abusive lending practices, log onto http://www.ftc.gov and click on the "Consumer Protection" link.

Ohio Fair Credit Area
When it comes to protecting your credit record, fighting to keep debt collectors honest and fair, and defending your consumer rights and repossession rights, we’re here to help you. And we've added a Ohio Fair Credit  section to inform you.

CONTACT AN ATTORNEY

If you have questions about a loan that you have or are considering, or simply feel that you have been a victim of an unscrupulous lender, contact an attorney for help. For more information call 1-888-331-6422.

For more detailed info on Mortgage Fraud, how it hurts all of us, where in the U.S. it happens the most, and explanations of common mortgage fraud schemes, click here.

 

WARNING SIGNS!
To help protect yourself, and the equity in your home, avoid any lender who:
Fails to provide required loan disclosures or tells you not to read them.
Tells you to falsify information on the loan application.
Tells you to sign blank forms with the promise that the lender will fill them in later.
Pressures you into applying for a loan or applying for more money than you need.
Pressures you into accepting monthly payments you can't make.
Promises one set of terms when you apply, and then gives you another set of terms to sign with no legitimate explanation for the change.
Says you can't have copies of documents that you have signed.

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