The Mortgage Bankers Association of America, based in
Washington, has launched a consumer education campaign: Stop Mortgage
Fraud. The Association offers consumers a list of their rights in a mortgage
transaction, the 10 warning signs of predatory lending, and a way to report
suspect illicit practices. A number of regional companies have signed on as
backers of the campaign along with such national outfits as Well Fargo, Firstar
and Chase Manhattan.
The Association says borrowers have the right to:
- Clear explanations of the loan terms.
- Timely, truthful disclosure of the rates and costs of the loan.
- Accurate disclosure of the final annual percentage rate and the amount
of regular payments before the loan is closed.
- Credit Counseling before the closing.
- Fair Consideration by the lender of their ability to repay the loan.
- Tangible benefits for the fees and higher interest rates in refinancing.
- Refuse to finance points or fees.
- Decline credit insurance.
- Fair and equitable resolutions to loan disputes.
- Timely reporting of favorable information to credit bureaus.
While experiencing one of the 10 warning signs does not necessarily mean the
lender is a predator, the Mortgage Bankers Association warning signs include:
- Needing another loan to pay a large lump-sum balance at the end of
the initial, low montly payments of a balloon loan.
- A mandate to buy credit insurance.
- Subsequent refinancing(s) of the original loan -- each resulting in
bigger payments or greater debt.
- Bigger monthly payments than were stated by the lender before the
closing.
- Unexepected costs at the closing.
- Directions to not sign or complete important parts of loan applications.
- Missing documents: a good-faith estimate, special information booklet,
truth in lending form and HUD settlement statement.
- Daily interest charges for late payments.
- A mortgage greater than the value of the home.
- Suggesions to put false information on the loan application.
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The national association has set up a web site,
www.stopmortgagefraud.com, and toll free number,
1-800-348-3931, to help consumers report suspected
misdealings by lenders. The web page includes
links to the various states' agencies charged with
consumer protection and fraud prosecutions, as well
as the Federal Trade Commission and the U.S.
Department of Housing and Urban Development.
It also is wise to check with the Better Business Bureaus;
State and Local Departments of Commerce;
and Mortgage Bankers Associations for consumer
tips and other information before doing business
with a mortgage lender or broker.
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