Posts Tagged ‘insurance’

“Banks force-placed insurance practices under microscope”

Sunday, March 31st, 2013

 

force placed insuranceIf you haven’t heard about force-placed insurance before, there’s a pretty good chance you will be hearing a lot about it soon.

Though the practice has been around for several years, it’s only recently been making headlines in numerous national publications as regulators have finally decided it was high time to crack down on what only can be called self-dealing and fraudulent activities.

Force placed, as the name suggests, is a bank insurance product that big banks, lenders and loan servicers essentially force homeowners to purchase if they either allow their own policy to lapse – often the result of financial difficulties – or if the lender determines that the insurance the homeowner does have in place is insufficient.

And therein lies the rub: While force-placed insurance premiums initially were supposed to be lower, so that the homeowner could afford to maintain the required insurance, investigations revealed that premiums were two to ten times higher and the force-placed insurance provided far less protection than any policy the homeowner would purchase were they able to afford it in the first place.

Last week, New York Gov. Andrew Cuomo announced that his state’s Department of Financial Services reached a settlement with one of the country’s largest forced-placed insurers – Assurant Inc.

According to a press release agreement calls for Assurant to do the following:

  • Make a $14 million settlement payment, without admitting or denying any wrongdoing
  • Modify certain lender-placed business practices consistent with new regulations expected to be issued by the NYDFS that will apply to all New York-licensed lender-placed insurers of properties in the state.
  • (more…)

The Hazard of Moral Hazard

Tuesday, January 15th, 2013

Roy Oppenheim’s commentary was originally published on Yahoo Homes! and is being redistributed on South Florida Law Blog with their permission

Businessman walking tightropeThose who cannot learn from history are doomed to repeat it.

We already know that the banks haven’t learned from their mistakes. They can and often will engage in risky behavior given the opportunity.

So why do regulators and those who have the chance to do something about it continue to give banks the wiggle room? Wall Street’s business model is inherently flawed, which is why banks are continually getting hit with hefty fines.

Yet banking lobbyists continue to hold immense clout in shaping regulation that will have a lasting impact on housing for years to come.

The business pages have been littered with headlines lately suggesting that governments still treat the banks like E.F. Hutton. When they talk, regulators still listen; case in point, the Basel Committee on Banking Supervision easing up on certain liquidity requirements in the Basel III rule. There is a great deal of dense technical jargon that will quite frankly bore most of you but the takeaway is this — banks still get their way and will still be able to take as many risks as they want.

Back here in the States, new mortgage lending rules trotted out by the Consumer Financial Protection Bureau are supposed to curtail so-called “liar loans” by requiring a more vigorous income verification process.

Except that those new tougher standards will be eased in over the next few years rather implemented immediately, so for the meanwhile it is business as usual.
(more…)

Foreclosure Settlement Filed; But Banks’ Crimes Go Largely Ignored

Tuesday, March 13th, 2012

In the weeks after the mortgage settlement was announced by the Federal Government, I waited under baited breath to the see it in its entirety.

Almost every week I read a different report stating the documents to finalize the settlement were about to be filed in court.

And as each reported deadline came and went, I grew more and more skeptical.

Would the banks manage to sneak some last minute releases in? Would the lofty figures promised to beleaguered borrowers be diminished?

The good news, now that documents have been completed and released to the public, is that the answer to both questions is a sound no.

The banks are not getting any get-out-of-jail-free cards, claims against MERS and the securitization process are still very much on the table.

On the other hand, did I learn anything new about the massive frauds perpetrated by the banks? Not really.

There are pages listing what the government has now labeled as “Unfair, Deceptive, and Unlawful Loan Practices”.

The settlement does say that the banks violated federal laws, that they wrongfully denied modification applications, and overcharged for ‘forced place insurance, among other misdeeds.

It even finally acknowledges that the banks engaged in robosigning.

But these are things that my clients and I have long known.

If you’ve read the Wall Street Journal, or the New York Times, or any thorough news story on the housing crisis, there’s little in the mortgage settlement’s pages that will surprise you.

And that’s thoroughly disappointing. What the government has presented to the public is a complete white-washing of the robosigining and “fraudclosure” scandal. It acknowledges that the banks committed certain indiscretions yes, but I couldn’t find one concrete example, not one thorough examination of how it occurred.
(more…)


PHP/MySQL Components, WordPress Plugins, and Technology Opinions at TravisWeston.com

Bad Behavior has blocked 8302 access attempts in the last 7 days.