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Archive for June, 2009

Foreclosure Prevention? Lenders Unresponsive to Loan Modification Requests

June 30th, 2009 by Sally Brzozowski

As the number of foreclosures in the US increases, so do the complaints about lenders’ unwillingness to modify existing mortgages.  Instead of working to reduce the number of homeowners facing this terrible problem, lenders and loan servicers are trapping clients with dozens of forms, not returning their phone calls, and only rarely offering any relief.

According to USA Today, homeowners typically have to wait 45 to 60 days for any response to inquiries seeking loan modifications and some are still waiting five months after filing the initial paperwork.   “‘Some lenders may not be turning (homeowners) down right away because it might be politically easier to push them off and delay,’ says Joel Naroff at Naroff Economic Advisors.”

Approximately 190,000 mortgages have been modified since the Obama administration began its $75 billion foreclosure prevention plan in March.  In the same period, foreclosure proceedings have either begun or advanced on more than 1 million homes, with about 200,000 homes actually being foreclosed upon and repossessed.

The sluggishness of lenders will have an effect on all Americans.   As New York Times reporter Peter Goodman explains, “If the [mortgage relief] effort fails, foreclosures will continue to surge and home prices will probably keep falling, sowing fresh losses in the financial system and threatening to crimp credit anew for businesses and households.”

Lenders played the leading role in creating this problem; now it’s time for them to prove that they can be a part of the solution.

(Photo: respres)

The “Thanks for the Bailout, Suckers – Now Quit Whining” Tour

June 29th, 2009 by Sally Brzozowski

In case you were tempted to think that the banks were finally coming to terms with the problems they’ve created for American consumers, think again.  This time, they’ve hit a new low with the kick-off of a “city-by-city, grassroots” campaign led by SIFMA, the Securities Industry and Financial Markets Association.

Industry execs say that “There is currently widespread skepticism about the industry’s commitment to this needed change.” We couldn’t agree more, but we believe that the skepticism is well-founded and supported by the industry’s well-publicized efforts to oppose much needed consumer protections.

Tom McMahon, Acting Executive Director at Americans United for Change said it best:

“Only in a bubble of unadulterated greed could Wall Street describe the
public outrage at their antics before and after receiving hundreds of
billions of dollars of taxpayer money as ‘populist overreaction.’  What
are they going to call their new PR campaign: The ‘Thanks for the
Bailout, Suckers – Now Quit Whining’ Tour?’”

To make matters even worse, the trade group has hired two top aides to former Treasury Secretary Henry Paulson to lead the campaign, just five months after their boss left that office. This is a clear illustration of the obscenely close ties between financial overseers and the industry.

The public has a right to be outraged, and a whistle-stop tour won’t be able to quell the waves of change that promise to reform the financial industry once and for all.

(Photo: Steve Wampler)

Sign The Petition for Financial Accountability and Security

June 26th, 2009 by Sarah Byrnes

AFFIL is part of Americans for Financial Reform, a big new coalition of 200+ groups calling on the federal government to fix oversight of our economy in a way that benefits regular Americans.

But the banks, mortgage companies, credit card providers, and investment firms who blindly drove our economy off a cliff are lobbying as hard as ever against real reform. It seems that all they want to do if they survive this crash is head right for another cliff!

Let’s take the wheel!  Sign this petition to restore transparency, oversight, and fairness to the financial marketplace.

(Photo:  Public Citizen)

AFFIL Supports S. 582, the Interest Rate Reduction Act

June 26th, 2009 by Sarah Byrnes

(June 26, 2009) AFFIL joined several of our Partners in sending this letter (PDF) to Congress supporting S. 582, the Interest Rate Reduction Act.  The bill was proposed by Senator Bernie Sanders (I, VT) and a companion bill was introduced in the House by Representative Maurice Hinchey of New York (H.R. 1640).

S. 582 and H.R. 1640 would cap interest rates at 18%.  Here’s an excerpt from the letter:

The undersigned organizations applaud you for introducing S. 582, the Interest Rate Reduction Act. This bill would extend to all lenders the interest rate caps that have long protected federal credit union members from usurious interest charges.

Credit Unions + Usury Cap = Still Profitable!

June 25th, 2009 by Sally Brzozowski

Harvard economic doctoral candidates Ryan Bubb and Alex Kaufman published this interesting op-ed in the New York Times Tuesday.  Their study of credit cards issued by credit unions dispels the industry claim the recent passage of the Credit CARD Act will make things worse for most credit card users.  They found that credit unions, non-profit institutions owned by their members, offer credit cards with lower interest rates, lower penalties, and lower annual fees than the cards issued by banks.  And the credit unions still manage to earn money, even without gouging their customers!

For some reason, the op-ed doesn’t mention the most striking difference in the credit card lending by credit unions – their interest rates are subject to a usury cap, a benefit to borrowers that was omitted from the Credit CARD Act.    All credit union loans are currently subject to an 18% APR ceiling, a limit which can only be changed by the National Credit Union Administration every 18 months and with the approval of the appropriate Congressional committees, the Treasury, and Federal regulators.  Credit unions are the only depository institutions to operate under a usury cap.  Their customers were spared the recent experience of millions of holders of bank credit cards who saw  their interest rates  suddenly jump to 23% or 29% or even higher.

The consumer protection granted by a usury cap should be extended to all credit products, from credit cards to short-term loans to mortgages.  Whether you’re buying a new pair of shoes or a home, you should not have to pay a usurious interest rate.  It’s not justified, and it’s not fair.

There are currently two pairs of bills that would provide an overall cap on the interest rate associated with consumer borrowing.  The Interest Rate Reduction Act, championed by Sen. Bernie Sanders and Rep. Maurice Hinchey (S 582 and HR 1640), would essentially extend the credit union rate cap to all lenders.  The Protecting Consumers from Unreasonable Credit Rates Act, introduced by Sen. Dick Durbin and Rep. Jackie Spier (S 500 and HR 1608), would provide an across-the-board fee and interest rate (FAIR) cap of 36%.

In the meantime, you can always join a credit union!

(Photo: CanadaGood)

AFFIL to Present Joint Testimony at House Financial Services Committee Hearing Today

June 24th, 2009 by Sarah Byrnes

(June 24, 2009) AFFIL is one of the organizations presenting this joint testimony (PDF) at a House Financial Services Committee hearing today at 10 am.  The hearing is titled, “Regulatory Restructuring:  Enhancing Consumer Financial Products Regulation,” and will address the creation of a Consumer Financial Protection Agency (CFPA).

Ed Mierzwinski of US PIRG and Travis Plunkett of the Consumer Federation of America will present the testimony on behalf of AFFIL and twelve other organizations.  You can watch the hearing live on the FS Committee website.

Other consumer advocates who will testify include Kathleen Keest from the Center for Responsible Lending and Harvarad Law Professor Elizabeth Warren (see Professor Warren’s testimony here (PDF)).

Here’s an excerpt from our testimony:

In the testimony we present today, we outline the case for establishment of a robust, independent federal Consumer Financial Protection Agency to protect consumers from unfair credit, payment and debt management products, no matter what company or bank sells them and no matter what agency may serve as the prudential regulator for that company or bank. (more…)

How Much Student Debt Is Too Much?

June 23rd, 2009 by Sarah Byrnes

The New York Times published this interesting debate about college costs and student debt last week.  Five authors contributed, including Anya Kamenetz, author of Generation Broke.  Comments are still coming in, so you can submit your thoughts about how much debt is too much over at their site (or here).

From the consumer finance perspective, these loans are troubling not just because students need more and more loans to get an education each year, but also because student lenders enjoy special anti-consumer privileges.  Student loans – both government issued and private – cannot be discharged in bankruptcy, for example.

President Obama supports eliminating the FFEL program, a quaisi public, quasi private program which enriches student lenders at no real benefit to students or anyone else.  We think this would be a great first step toward fixing some of the problems with student lending.  Putting private student lenders – who charge high rates and hide onerous terms in the fine print – out of business would be another.  See these reports from the National Consumer Law Center for more about problems with private student lending:

Paying the Price:  The High Cost of Private Student Loans and the Dangers for Student Borrowers (PDF)

Too Small to Help:  The Plight of Financially Distressed Private Student Loan Borrowers (PDF)

Consumers Union Explains the CFPA – on Video

June 22nd, 2009 by Sarah Byrnes

Click here to send a letter to Congress supporting the CFPA (also known as the Financial Product Safety Commission).

Banks, Americans for Financial Reform, and Financial Overhaul

June 19th, 2009 by Sarah Byrnes

It’s been a big week. Tuesday saw the launch of Americans for Financial Reform (AFR), a coalition of more than 200 organizations (including AFFIL) working to make sure ordinary citizens have a voice in fixing our nation’s financial structure. And Wednesday saw the announcement of the Administration’s plans to overhaul that structure.

AFFIL is concerned with consumer protection rather than the whole of the Administration’s ideas, and loudly applauds their proposal to create a Consumer Financial Protection Agency (CFPA). Meanwhile, AFR issued this statement addressing the plans more broadly. In response to the idea of strengthening the power of the Federal Reserve, AFR insists that “Congress must add strong measures to ensure the Federal Reserve is truly independent and responsive to the public.” Amen to that.

Pretty much everyone seems to like the idea of creating an CFPA – including folks who are worried that the Administration’s plans don’t go far enough to fix our radically broken financial system (i.e., Arianna Huffington, Katrina vanden Heuvel).

Except, of course, the banks. (more…)

Tell Congress to Create a Consumer Watchdog Agency

June 18th, 2009 by Sarah Byrnes

Yesterday, we blogged about the Administration’s new plan to overhaul the nation’s financial regulatory system.  Part of the plan is to create a regulator devoted to consumer protection – a “Consumer Watchdog” agency.  Today, you can add your voice to the many supporters of this idea!

Sign our petition on Change.org, or contact Congress through our website.

The renegade lending industry has brought our economy into the worst recession since the Great Depression. But now there’s a chance to fix our broken system.

Right now, no government regulator has consumer protection as its main mission. A Consumer Watchdog agency would exist just for this purpose, and would regulate credit cards, mortgages, small loans, and other financial products. (more…)