This is a Good One!
St. Petersburg Times staff writer , James Thorner, reports on February 5th that an unnamed homeowner, my discretion, is suing Wachovia Bank for issuing a defective mortgage product. Let it be said and made perfectly clear that Wachovia, especially with its purchase of World Savings was a BIG player in the NO DOC marketplace. So it can be said that they took a bad position, and left themselves wide open to criticism. That being said, this is
RIDICULOUS!
Per Mr. Thorner;
"The Tampa Bay retiree is suing Wachovia Bank, claiming her no documentation mortgage was a defective product that ruined not just her finances but the finances of million of borrowers accross the United States."
It gets better!
"At the time of the loan, the applicant (substituted for her real name), was a partially disabled, unemployed 57 year old nurse, with no income."
This question cries out to be answered.
How, on God's earth, did she expect to make the payments?
READ ON!
She says the application was misleading and requested family income, even though she was the sole applicant.
I do not believe that to be the case. I think Mr. Thorner might have asked her to prove that by providing a copy of the application. That would be considered, what we used to refer to as investigative journalism, apparently a lost art.
In summation here's what your standard application states in section 9; Acknowledgement and Agreement;
Each of the undersigned specifically represents to the lender, and the lenders actual or potential agents that the information is true and correct. It does go one further to state you are subject to fine and imprisonment if it is not.
She knew it was not, period! end of discussion, right there.
And, we're all willing to bet;
that the lender did too!
Momma always told me two wrongs do not make a right!
As you may have already guessed the property is in foreclosure, BUT what you probably don't know is that;
Her husband is a retired lawyer!
Gotcha, you gotta love it.
And yes, he is preparing the paperwork for the lawsuit!
I'm almost at a loss for words, like that could happen.
Pleeeeeeeeeeeeeeeeeeeeeeeeeeeease can somebody stop this!
Probably not.
Is there anyway where they can both lose the case?
The defective mortgage product meets the defective applicant.
Might make a good movie, or not.
This is ridiculous!
Stay tuned.
7 Comments on She's suing her mortgage lender for issuing a defective mortgage product, READ ON, it gets to be fairly ridiculous, in my opinion.
Jay - Ridiculous as it is, I'll wager the absurd lawsuits will be with us for years as a result of the losses experienced in this recession. No one wants to admit they made bad--or in this case, stupid--choices.
someone is always trying to beat the system.....this will go on for years and cost the tax payers some money....incredible.
John,
you're probably right. i still have a great deal of faith in my fellow man. can't we just own up to our mistakes and move on. that is a choice, isn't it?
Barbara,
oh ya, the masses usually pay for the sins of the minority. if i was that individual i'm not sure i'd publicly want to admit what i had done.
jay
Jay, just a little correction is needed here. If it was a no doc loan, she may not have been required to put any income down on the application. And there is a good chance that if Wachovia or World Savings packaged the loan, they may have committed some fraud on the investors. Regardless the only thing we truly know is that case law on this is going to change the way lawsuits will be handled in the future. And of course, she is an idiot.
Home Realty,
that would be the case if it was a true no doc loan, but in this case the applicant says she was asked to state, "family income" so it was stated. the no doc term is what the author of the article used.
mr. thorner also stated that "presumably she inserted a figure which was pleasing to the bank."
and to her also i may add, but she knew it wasn't true. so why sue?
jay
Well, it sounds like it's going to provide much insight into what is to come for years. Will you keep us updated? I'd love to see the outcome and the legal opinions.
Jill,
this is a suit that should die. she may wake up to the fact that she committed loan fraud, she signed the documents. maybe criminal charges should be brought against her.
if i was her i would reconsider, and go quietly into the night.
jay