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California residents: New laws went into effect in California yesterday to help protect homeowners in foreclosure from bank abuse. The California Homeowner Bill of Rights. Know your rights! Here is an article by Lily Leung from the San Diego Union-Tribune about the new law.

http://www.utsandiego.com/news/2012/dec/30/new-homeowner-protections-go-effect-jan-1/

New homeowner protections go into effect Jan. 1

The New Year will bring more protections to California homeowners, mainly those who are trying to save their properties from being repossessed.

The Homeowner Bill of Rights, signed by the governor this year, is a set of new laws that puts the onus on banks to help consumers through the foreclosure process. They go into effect Jan. 1. The legislation, lauded by housing advocates and heavily criticized by the lending industry, forces banks to:

• Stop dual tracking, the process of starting the foreclosure process while a loan modification has been submitted or being reviewed by the bank. Borrowers in the past have lost their homes to foreclosure as a result of this situation. Under the new law, banks must give loan-modification applicants a response before starting the foreclosure process. Banks also will have to inform consumers who don’t apply for a loan modification that they have the right to do so.

• Stop robo-signing, the process of approving foreclosure documents without proper review.

• Assign one point of contact to borrowers who are trying for a loan modification.

One of the laws also allows borrowers to sue loan servicers for violating any foreclosure laws.

Some of the provisions in the package echo those in the national mortgage settlement, a deal struck earlier this year between five major lenders and 49 states, including California. The Homeowner Bill of Rights though firms up those provisions into law, which is key because the mortgage settlement terms will end in 2015.

“For too long, struggling homeowners in California have been denied fairness and transparency when dealing with their lending institutions,” said California Attorney General Kamala Harris in a statement. “These laws give homeowners new rights as they work through the foreclosure process and will give Californians a fair opportunity to stay in their homes.”

Homeowner advocates also applaud the legislation.

“Too many Californians have lost their homes despite doing all they can to avoid foreclosure,” said Norma Garcia, senior attorney at Consumers Union, the advocacy branch of Consumer Reports, in a statement. “California’s new law will help more homeowners avoid foreclosure and keep their homes. Ultimately, that will help stabilize California’s housing market and benefit California families, communities and our economy.”

Financial groups including the California Bankers Association and California Mortgage Bankers Association opposed the bill of rights, saying the new regulations will prevent the housing recovery from moving ahead, clog up the foreclosure pipeline and push lending institutions to further tighten their grip on credit to consumers.

“Our industry cannot support legislation that promotes meritless litigation, particularly in an environment where our court system is already overburdened, that will ultimately have no impact on the underlying financial condition of the borrower who cannot afford to stay in their home,” said Rodney K. Brown, president and CEO of the California Bankers Association in an editorial published in the Sacramento Bee in June.

California was a hard-hit area in the foreclosure crisis. More than 900,000 were recorded between 2007 and 2011. More than 61,000 were recorded in San Diego County during that time frame.

Former Assistant Attorney General Vince Rabago is asking the Arizona Secretary of State to shine a light on ‘dark money’ — from corporate outsiders — trying to undermine local politics in Arizona by spending money in violation of laws intended to provide transparency and independence in campaign financing. “These serious and flagrant violations by outside ‘dark money’ groups are an unlawful attempt to influence this election,” said Rabago, a former state prosecutor.  It’s a toxic byproduct of the Citizens’ United decision and Karl Rove style politics.  Arizona has laws to prevent this. We are asking the Secretary of State to enforce those laws and protect our cherished democratic right of a free and fair election.”

A copy of the Complaint that was filed regarding a Pima County Supervisor race in Tucson, Arizona, can be seen here: TANNER BELL Campaign Finance Complaint – FINAL

 

Today is the last day for the Neighborhood Assistance Corporation of America homeowner event in Tucson, AZ, aimed at helping homeowners avoid foreclosure.

Here is more information about the event from the Arizona Daily Star:

Mortgage relief goal of 5-day Tucson event

‘Homeowners who’ve lost hope’ to get help avoiding foreclosure

An event designed for “homeowners who have lost hope” will be in Tucson for five days beginning Friday.

The Neighborhood Assistance Corporation of America (NACA) is sponsoring the free event where homeowners and an appointed advocate can meet with lenders to negotiate lower mortgage payments.

“A large percentage of homeowners have already tried to lower their mortgages,” said Rick Herrera, a spokesman for the nonprofit group, which has held more than 90 events around the county.

The upcoming event is the first one in Tucson. “If you’ve lost hope, this is the opportunity to let NACA advocate for you,” Herrera said.

Since Jan. 1, more than 7,500 foreclosure proceedings have been filed in Pima County.

Herrera said 55 percent of homeowners walk out of NACA events with a same-day solution. The resolution percentage climbs to 80 percent within 30 to 45 days for those who did not bring all the requested paperwork to the expos.

“We make it a five-day event so if something is forgotten, they can come back,” he said.

During the expo, homeowners will receive an orientation, then have a counseling session with a NACA advocate who will review their income and expenses and suggest a new mortgage payment.

The advocate and homeowner will then meet with the lender.

The typical homeowner who has gone through the program has been able to reduce mortgage payments by between $500 and $1,000 a month, Herrera said.

Bank of America, Chase, Wells Fargo and GMAC are among the lenders scheduled to participate, he said. Representatives from Freddie Mac and Fannie Mae will also be on hand.

IF YOU GO

• What: NACA American Dream Event

• When: Friday through Tuesday from 8 a.m. to 6 p.m. each day.

• Where: Tucson Expo Center, 3750 E. Irvington Road.

• Cost: Free.

• Register: Online at naca.com or by calling 1-888-499-6222. Walk-ins also welcome.

What to bring

• Property tax bill.

• Last mortgage statement.

• Insurance declaration page.

• Proof of income: Last 30 days of paycheck stubs and last three months of bank statements.

• If self-employed, the last six months of bank statements.

• 2010 and 2011 tax returns.

• A utility bill.

• If anyone helps you financially, bring proof of that.

http://azstarnet.com/business/local/mortgage-relief-goal-of–day-tucson-event/article_b53fe2b6-1247-5b8c-89e2-1944a831a2d3.html

Arizona Case Raises Allegations Similar To Those in U.S. Dept. Of Justice Fair Lending Lawsuit And Settlement Announced In July Of 2012

(Tucson, AZ – 9/14/2012). Wells Fargo Bank NA and its Arizona subsidiary were served this week with a lawsuit filed by former Arizona prosecutor Vince Rabago for taking unfair advantage of an unsophisticated Hispanic borrower in Arizona. Similar practices are the subject of a national lawsuit by the U.S. Department of Justice and a proposed 175 million dollar settlement announced earlier this year in July, 2012. The new lawsuit, filed in a pending Chapter 13 bankruptcy case, is the first in Arizona alleging a pattern of discrimination similar to that alleged in the national case filed by U.S. prosecutors.

Many Americans are familiar with the subprime mortgage lending practices which contributed to the meltdown of our economy in 2008. Using tactics ranging from concealment or deception to outright forgery, mortgage lenders gave loans to home buyers at an unprecedented rate, then bundled and sold those debts to other companies, often placing the loans into risky investment devices on Wall Street that contributed to the meltdown. Many loans were “subprime” because of onerous, costly terms and banks knew that there was a high risk the borrowers would not be able to make the payments over time.

Both lawsuits claim Wells Fargo intentionally focused on Hispanic borrowers. The U.S. DOJ lawsuit alleged that the bank steered Hispanic and African American borrowers into subprime loans when they qualified for prime loans with lower interest rates, or charged excessive fees. The proposed 175 million dollar settlement with the DOJ is pending court approval and agrees to stop alleged discriminatory practices and to compensate alleged victims: http://www.justice.gov/crt/spec_topics/wellsfargo/.

The Arizona lawsuit, among other things, alleges that Wells Fargo told the uneducated non-English speaking Hispanic citizen one thing in Spanish, but another in English documents. The lawsuit alleges the bank tricked the borrower into believing he was obtaining two separate loans, when in reality the bank deceived him into signing documents for one loan secured by two properties in order to obtain his mother’s home, which he owned free and clear at the time. The lawsuit also alleges Wells Fargo aided and abetted their Arizona subsidiary in originating such predatory loans using a state mortgage license in an apparent effort to evade review by federal regulators, and later shut down operations in 2008, the year after the loans were made in 2007. The lawsuit alleges Wells Fargo recently filed a manipulated false document in the bankruptcy case in an effort to conceal the prior deceptive lending.

Vince Rabago, a former state prosecutor with experience in state and national consumer fraud cases and a reputation for taking on the payday loan industry in Arizona, is representing Miguel R. Romo, the plaintiff/borrower. Rabago said, “The alleged discriminatory and predatory lending by Wells Fargo Bank and their Arizona subsidiary is completely unacceptable. The new lawsuit brought against Wells Fargo and its Arizona subsidiary was under investigation by my office before federal prosecutors announced their lawsuit and proposed settlement, so it was good to get independent validation of the conduct alleged in our lawsuit. We look forward to obtaining justice and obtaining additional evidence of the alleged discrimination and predatory tactics from Wells Fargo during the discovery process.”

The complaint is available here.  The case is Miguel R. Romo v. Wells Fargo Bank N.A., and Wells Fargo Financial Arizona, Inc., Case No. 4:12-ap-01582 JMM (and was filed in pending Chapter 13 bankruptcy case 4:12-bk-11796). The U.S. Dept. of Justice lawsuit and settlement is filed and pending approval in United States of America v. Wells Fargo Bank N.A., in U.S. Dist. Court, District of Columbia, in Case No. 1:12-cv-01150.

Consumer protection and bankruptcy…it may help wipe out crushing debt and fight off debt collectors …

Are you a victim of a company that has defrauded you?  Were you injured by a company’s fraud or deceptive practices?  Are you fighting off crushing debt that has accumulated over years, ranging from credit card debt to medical bills?  Are debt collectors hounding you over old debts from more than 6  years ago or for debt that is not even yours?

At VINCE RABAGO LAW OFFICE PLC, we have successfully helped people in the community fight off debt collection companies wrongfully suing consumers.  In one case, we overturned a judgment that we alleged was fraudulently obtained by an out of state debt collector Midland Funding, a company who was a defendant in a nationwide class action fraud case.  Here is the successful Motion we filed with select exhibits. Motion to Set Aside Judgment Based on Fraud – FILED Exhibit A – Affidavit Exhibit B – Excerpt of Order in Class Action Fraud caseExhibit C – Excerpts of Fraud Lawsuit

We also represent individuals file bankruptcy, which can fight off fraudulent debt collectors while wiping out your overwhelming debts at the same time.

You may need help from an experienced and aggressive Consumer Protection attorney like VINCE RABAGO at VINCE RABAGO LAW OFFICE to evaluate your personal situation to determine whether you have a case involving a violation of the Federal Fair Debt Collection Practices Act or Arizona’s Consumer Protection laws (the Arizona Consumer Fraud Act).  You also have significant rights and remedies under the U.S. Bankruptcy Code that can help protect you while also helping to wipe out crushing debt if you qualify.

There are numerous “debt collection” companies and debt buyers out there who actually buy old, charged-off debt from credit card and other companies which feel they can no longer collect on that obligation.  Sometimes, these debts are older than six years, which is the Arizona Statute of Limitations for suing to collect on a written contract.   These debt companies then go after the debt very aggressively, sometimes not even giving proper notice of their debt collection lawsuit.  This can result in a person having a civil judgment against them, and you may not even learn about it until you find out that your wages are being garnished.  But your rights may have been violated along the way.

If you have an issue involving debt collection, or are in bad financial straits, or simply want to evaluate your potential consumer protection or bankruptcy alternatives, please contact our office.  We are Debt Relief Agency under federal law.   We can help.