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Issue #36 August 10th, 2009
Your Bi-Weekly Newsflash from
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A quick dash of news you need to hear
 
In This Issue
Taylor Bean
Class Action Model
Amid FHA allegations of fraud, CEO shuts down Ocala's Taylor Bean mortgage business
Why do we in Tampa Bay even care about a mortgage business in Ocala? For three good reasons.

* First, when Taylor Bean closed its doors Wednesday, more than 1,000 employees were suddenly out of work including many who live just north of Tampa Bay. For modest-sized Ocala, it's an extra painful economic blow that business leaders there called "pretty shocking."

* Second, Taylor Bean had come out of nowhere to promise a rescue of $300 million in fresh capital to Colonial Bank, a $26 billion Alabama bank with nearly 200 branches in Florida -- nearly two dozen of them across the Tampa Bay area. That deal fizzled away last week but had it gone through, this Ocala mortgage company would have effectively controlled giant Colonial.

* Third, Taylor Bean, while no household name, was in fact one of the top 10 wholesale mortgage lenders in the country. It oversaw more than $30 billion worth of business annually and was the third largest lender underwriting Federal Housing Administration-insured loans. Which explains why it would have the potential clout to swoop in and invest heavily in Colonial.

Read on...
Lawyer's suit over unaffordable loans could be a model
A Boston lawyer's suit targeting two large mortgage companies accused of making unaffordable loans could spur similar suits throughout the country.

Gary Klein, of the law firm Roddy, Klein and Ryan, filed suit against Bank of America Home Mortgage and Wells Fargo Home Mortgage in federal court in June and July, the Boston Globe reports. He claims the lenders' "payment option" mortgages grew larger over time, and the companies knew or should have known that borrowers wouldn't be able to afford them. He is seeking class-action status.

Suffolk University law professor Kathleen Engel told the Globe that other lawyers will be watching the litigation. "If this case goes forward, it will be a model throughout the country,'' she said.

The suits are based on a 2008 decision by the state's highest court that upheld the state attorney general's arguments that lenders violated state law by making loans that were almost certain to lead to foreclosure. Engel told the newspaper that the case was the first in the country to hold lenders accountable for mortgage terms that are legal on their face, but unfair in practice. The decision "should put lenders on edge,'' Engel said.

Bank of America said Klein's suit is without merit, while Wells Fargo declined comment.

Full Article
Mortgage Calculator
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Banks express hope for fed short-sale effort

The federal government is launching a program to simplify and speed up the short-sale process by providing standardized documentation, cash incentives to lenders, and a $1,500 moving allowance to borrowers. Holders of second liens will get up to $1,000 to relinquish their claims.

Banks say the short-sale process has been taking so long because both their employees and real estate practitioners are learning as they go.

David Sunlin, vice president in charge of short sales at Bank of America, says he hopes the new government plan will help. "About half of short sales never close. We see it as a big lost opportunity, and we need to improve the rate we close them," he says.

Wells Fargo says it has cut its short sale average turnaround time from 90 days to 30 days by preparing a guide from real estate practitioners and putting in place procedures to handle short-sale requests.

The federal government first announced its short sales initiative in May at the annual Washington meetings of the National Association of Realtors

Full Article.

I hope you enjoyed this newsletter. 

Sincerely Yours
 

 
Michael C. Blickensderfer, Esq. 
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This newsletter is not meant to substitute for legal advice.  If you have a legal question, please contact our office and speak with an attorney. 
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