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Americans for Fairness in Lending

The 2009 AFFIL Agenda

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Published January 22, 2009 @ 09:05AM PT

In 2009, Congress and the President will focus on a comprehensive review of the way financial markets and products are regulated.  AFFIL and other consumer advocates will work for a system that truly protects consumers.  Early in the New Year, look for AFFIL’s new Principles designed to guide the re-regulation of consumer lending.  We want to make sure consumer protections aren’t ignored or overlooked by lawmakers as they have been in the past.

And of course we’ll also continue to focus on our specific issues:  preventing foreclosures, fighting payday and car title lending, ending Binding Mandatory Arbitration (BMA), enforcing fair lending laws, reforming costly overdraft lending, protecting seniors from unscrupulous reverse mortgage lenders, fighting refund anticipation loans and, of course, pushing for further reform of the credit card industry.  Please consider making a donation today so we're as strong as possible for the big year ahead.

Foreclosure Prevention - We’ll keep pushing for Congress to allow judicial modification of home mortgages in bankruptcy court.  This common sense reform could help up to 600,000 homeowners stay in their homes.

Predatory Mortgage Lending – We’ll work for laws and regulations that will prevent a resurgence of irresponsible home lending once the current crisis is over.  We’ll push to require that lenders verify borrowers’ ability to repay the loans they are given, to end incentive structures that pay brokers and employees more for giving borrowers more costly loans, to outlaw indefensible prepayment penalties that trap people in bad loans, and to ensure that whoever ends up owning a mortgage loan is legally liable for any abusive practices by the original lender.

Community Reinvestment Act (CRA) – In 2009, Congress plans to expand and modernize CRA.  When CRA covers all lenders (not just banks) it will be an even more powerful tool for promoting responsible mortgage lending.

Payday Lending – We’ll continue to support state campaigns to eliminate payday lending.  Fourteen  states and DC have outlawed this usurious practice so far – just 36 more to go!  We’ll also support Sen. Durbin’s proposal for a national 36% interest rate cap on small loans, which would put all payday and auto-title lenders out of business with one blow.

Binding Mandatory Arbitration (BMA) – We’ll work to stop credit card issuers and other companies from forcing customers to submit their cases to private arbitrators - who are chosen by the companies.   2009 could see the end of BMA!

Fair Lending Enforcement – Fair lending laws were passed to end discrimination on racial or other grounds.  These laws could be very powerful but have had little impact because they haven’t been enforced.  We’ll work with our partners to make sure that they are.

Credit Card Reform – The Fed’s recently finalized credit card regulations were an important victory, but more is needed.  We’ll encourage both the House and Senate to do their parts in enacting strong legislation for our new President’s signature.

And More – We’ll also work to reform costly overdraft loans, overpriced auto loans, student loans that take decades to repay, predatory reverse mortgages that strip wealth from vulnerable seniors, and Refund Anticipation Loans (RALs) that drain money from Earned Income Tax recipients.

Comments

  1. Buddy Toth

    "These mortgage thieves are not above the law and should be investigated. Why can't this administration make these thieves look at each loan instead of the government doing a bail out holding them responsible and if these thieves don't make changes to the loans then make it where possibly they cannot do business and/or put a stop to any new loans they can do until they are investigated."

    I agree, the process of bad underwriting, lax oversight and frankly greed of the Lenders and investors have caused this entire mess! As far as new loans over 70% of all applications for mortgages are currently being turned down. The lenders are scared of making bad loans...the problem is it is too late for them to get a conscience now, a sad fact is that loans written between 2001 through 2007, during the so called "boom years" a frightening 80% of the transactions had mistakes and violations that are now actionable by the homeowners to receive compensation from broken laws. This is why we recommend a Forensic Loan Audit. The lenders DO NOT WANT to negotiate these loans because they will lose money, it is more cost effective to Foreclose.
    A loan audit gives the homeowner the ability to "Force" the lender to negotiate.
    The real BIG problem is, who really owns the mortgage?? Who has legal possession of the note? And, is the servicer of your loan really able to modify it since they really don't own the loan??  For The congress to approve judicial modifications will open up a "can of worms" since it was the congressional lack of oversight that created this mess in the first place!!
    There are MILLIONS of homeowners who are going to challenge the lenders to prove ownership and the "right" to enforce the mortgage loans! All I can say is, there are numerous consumer advocate sites like mine, who are blazing trails on behalf of the homeowners, are all projecting a big fall out in the financial industries, there will be debt forgiveness to restructure the Broken Financial System currently in place. Yes, they will kick, scream, fight and try their best to defend their actions, but the bottom line is, when loans are securitized (broken into stocks or derivatives etc), it makes it very difficult for them to enforce a loan that the documents have been lost and the spirit of the mortgage contract was broken by the lenders themselves!
    God bless all of us, and let's hope the judicial system will supersede the greed of Wall Street in this Mortgage Mess. Get educated on your options, read materials such as the ones we provide on our site and seriously consider a Forensic Loan Audit for your own protection!

    Posted by Buddy Toth on 04/21/2009 @ 12:26PM PT

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