Attorney General Abbott Secures Mortgage Relief Agreement with Wells Fargo

More than 200 distressed Texas homeowners to get help with loans   width=71Texas Insider Report: EL PASO Texas  Under todays agreement 200 struggling Texas homeowners will get relief from mortgage payments that unexpectedly spiked" said Texas Attorney General Abbott earlier today after reaching agreement with Wells Fargo & Co. that provides $5 million in relief to 200 Texas homeowners that had payment option" adjustable rate mortgage loans. Todays multi-state agreement which included Texas and 7 other states applies to so-called POA loans that originated with Wachovia Corp. and Golden West Corp. Wells Fargo acquired both companies and their loan portfolios. Besides Texas the states included in todays agreement are:
  • Arizona
  • Colorado
  • Florida
  • Illinois
  • Nevada
  • New Jersey and
  • Washington
As a result Wells Fargo is legally responsible for the lenders conduct and thus worked with the states to develop a modification plan for negatively impacted width=184homeowners. Eligible homeowners will benefit both from modified loans and debt reduction. These concessions which are warranted because the lender failed to properly disclose the potential for payment increases to homeowners are intended to help affected Texas families keep their homes." POA loans were unique mortgages that appeared to allow borrowers to choose their payment amount each month. However state investigators revealed that Golden West and Wachovia failed to properly explain to borrowers the consequences of underpayments. For example customers who remitted payments that did not cover the interest were not told that their unpaid interest would be added to the principal of the loan. As a result the total value of the loan increased and thereby negatively amortized the loan. Consequently homeowners who later converted their mortgages to a fully amortizing structure and were not adequately informed about the implications of their POA loans unexpectedly faced higher monthly payments. Under the agreement reached today between December 1 2010 and June 30 2013 Wells Fargo will offer modifications to eligible residential borrowers who are either width=14960 days delinquent or facing imminent default. Eligible homeowners will first be considered under the federal Home Affordable Modification Program and if ineligible then Wells Fargo will consider borrowers for its new modification program. Loan modifications will be offered to almost 9000 eligible borrowers in the eight participating states. The estimated total value of the loan modifications announced today total $772 million.
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