The recent and dramatic rise in foreclosure activity, fueled in large part by predatory lending  practices, has effected everyone, including the Hispanic Communities and other multi-cultural communities.  Fortunately, there are specific laws that protect homeowners from these practices, yet the reality is many are unaware. 

We have been providing legal services to homeowners in Southern California to stop foreclosure and have had notable success with respect to non-English speaking borrowers. We have found that in many circumstances, borrowers with limited ability to understand English, have been the target for many unscrupulous brokers and lenders. Our hope is to be able to provide assistance to these borrowers.

One, law in particular that is relevant to this group is California Civil Code § 1632. For example, t his statute requires that borrowers who negotiate loan terms with a mortgage broker in Spanish, must receive their loan documents in Spanish.   

The reality is this simply does not happen.   

The obvious result is that the borrower really is at a significant disadvantage in that they are unable to verify the representations made by the broker.

As a law firm, we typically take these cases on a contingency, which allows borrowers who may not otherwise be able to afford adequate legal representation to have access to this valuable service.   We are also in the process of completing our non-profit organization and are waiting for our 5013c tax exempt status. All of us at Homeowners Defense Advocates are excited to provide additional educational and legal services.  Our goal is to see these predatory lending practices exposed and corrected.   We hope to build alliances with various organizations who share the same consumer oriented perspective.


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Best Regards,

Moe Bedard  

 

8 Comments on Predatory Lending Defense for Non-English Speaking Borrowers-MUST READ

OCT
20
2007
101,146 Points Outside Blog

Great work you're doing!

Most people just sign when told "firme aqui" (sign here)

Good luck to you!

11:24am • #1
161,830 Points 3 Featured Posts Outside Blog
Moe, there is a need for more initiatives such as this.
11:26am • #2
Outside Blog

Hello Moe, I have never heard of civil code 1632 thanks for sharing this information. Can you tell me which lender will have loan docs in spanish. Thank you Ron Holborn

11:31am • #3
423,541 Points 36 Featured Posts Outside Blog

Moe,

Are the documents written in english and spanish? Just curious! Thanks,   Fran

11:32am • #4

Thanks for your comments. Yes, there needs to be more laws and state codes. Most of the laws protect the lender and not the consumer and the is complete BS!

We are diligently fighting back against this abusive practice that seems to be all too common in multi-cultural communities. The biggest abuses we are seeing is in the Hispanic communities. We encourage all non-English speaking homeowners to contact us if they think that their loan documents were not in their foreign language.

11:36am • #5

Ron,

This law only applies to brokered loans and not lender originated loans. However, the lender is the one on the hook for not recognizing the fact that the broker submitting the loan negotiated the loan in a foreign language. All lenders should have loan documents available in a foreign language because it's the law.

We are the first law firm, that I know of in the country that has used this as a defense in court.

Fran,

Whatever language the contract was negotiated in, is what the loan documents need to be. So if the native language was Spanish, then the loan documents need to be in Spanish . If the loan was negotiated in Vietnamese, then the the docs need to be in Vietnamese.

Thanks for the questions. Please pass this info to your clients that may be facing foreclosure and are non-English speaking.

 

 

 

11:44am • #6
Outside Blog

The Hispanic community has been hit extremely hard in our area. Interestingly enough it appears that a majority has been Hispanics leading their own astray.

About 2 yrs ago I approached a Hispanic Attorney friend and his wife to advise them of what I was seeing.

They actually had just seen an informational show on Hispanic TV in regards to this. They called me this past June when all Hell was breaking out and the attorney was getting frantic calls for help.

They commented you called it way back there for what is happening today...he stated, "I listened to you but could not fathom until now the enormous effect it is having." and "will continue to have for quite awhile."

Have you noticed on the loan applications how many borrowers stated they made $10,000 a month when in reality they barely made $3000?

It is good to see your service and what you are doing. Thanks for sharing.

12:07pm • #7

Thnaks for the comment Terry!

Most all stated deals I have seen have over inflated income. Most of these entries were made by licensed professional and not the homeowner. I have never heard or seen a guy that makes $3,000 a month say he makes $10,000 a month. These are almost always perpetuated by the person doing the loan in order to qualify the borrower for a larger loan or home. Essentially a person would like a home way out of their price range and the loan officer would make it happen by going stated / stated . Obviously if they went full doc, that same person couldn't even afford a mobile home or condo.

 

 

 

2:05pm • #8

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Moe Bedard

Temecula, CA

More about me…

LoanSafe.org

Address: Temecula, Ca

Office Phone: (888) 516-1116

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My name is Moe Bedard and I am Founder of LoanSafe.org and LoanWorkout.org. My mission is to educate consumers about the loan modification process and inform homeowners that there is free foreclosure help and tools to help stop foreclosure. Let's fix these loans and save people's homes!


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