Sunday, May 15, 2011

Banksters Continue Burying Lawsuit Waiver Clauses In Fine Print Of Loan Modification Agreements

Pro Publica and Slate report:

  • A few months ago, Bank of America offered Sergio Cortez of Staten Island, N.Y., the help he desperately needed to stay in his home: a break on his mortgage. Like millions of others, he was facing foreclosure. But there was a catch buried in the fine print. Cortez had to waive any possibility of ever suing the bank for anything relating to the loan.
  • Cortez isn't alone. While regulators have banned the practice, some banks and others who handle mortgages have still been forcing homeowners into a corner: You want a chance at saving your home? Then you'll have to waive your rights.

***

  • We identified eight banks and other mortgage servicers who offer help that limits homeowners' ability to sue or fight foreclosure. When we contacted them, they offered a variety of responses. Some said the inclusion of the waivers had been a mistake and would stop. Some argued that language that seemed to waive the homeowner's rights didn't actually do so. One argued that a loophole in a rule barring the practice meant their inclusion in certain agreements was proper.

For more, see In Fine Print, Banks Require Struggling Homeowners to Waive Rights.

Go here for a few examples of the clauses banksters bury deep in the fine print of loan modification agreements.

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