Welcome to The Home Equity Theft Reporter, a blog dedicated to informing the consumer public and the legal profession about Home Equity Theft issues. This blog will consist of information describing the various forms of Home Equity Theft and links to news reports & other informational sources from throughout the country about the victims of Home Equity Theft and what government authorities and others are doing about it.
Monday, June 11, 2012
Another Force-Placed Insurance Screwing Over, Another Class Action-Seeking Suit By Victimized Homeowner Tagging Banksters For Dirty Deeds
In North Palm Beach, Florida, The Miami Herald reports:
Think your homeowners insurance is outrageous? Mark Kunzelmann likely has you beat. Kunzelmann, a 49-year-old network specialist, let the policy on his four-bedroom, North Palm Beach home lapse last year. It was a big mistake, he acknowledges.
But he can’t believe what the oversight (later remedied) cost him: $10,000 for just a few months worth of coverage. And he has his bank, Wells Fargo, and its insurance partner, Assurant, to thank.
As most homeowners are aware, if your property is financed, you have to have insurance to protect the lender. If a bank learns a mortgage holder is not covered, it is allowed to secure a policy and pass the charge on to the customer. In Kunzelmann’s case, Wells Fargo got him a policy that carried a startlingly high cost.
How high? Roughly $18,000 a year — of which, he says, the bank got an 11 percent commission. By comparison, Kunzelmann’s old policy, the one he let lapse, was costing him just $2,500. “It left a very bad taste in my mouth,” Kunzelmann said Wednesday. “I told them, ‘If you do this to me, I’m going to sue you and take my business elsewhere.’ ”
Kunzelmann has followed through on both threats. He recently refinanced his mortgage with another bank. And he has filed a federal lawsuit intended to recoup not just his lost funds, but also those of the thousands of fellow Wells Fargo customers who suffered the same fate.
Kunzelmann, with the help of consumer protection attorney Adam Moskowitz, has petitioned the court to broaden his complaint into a class-action suit against Wells Fargo, claiming the lender’s insurance rates have “driven many of their consumers into foreclosure, and saddled others with excessive debt from which they may never find relief.”
Kunzelmann’s suit says Wells Fargo received the same 11 percent commission from Assurant for every other force-placed policy the insurance company issued to the bank’s note holders. Wells Fargo has since stopped accepting those commissions, said bank spokesman Tom Goyda — but not before the bank collected $177 million in “pure profit” from Assurant on such transactions, the suit alleges.
Kunzelmann accused Wells Fargo of unjust enrichment, and is seeking damages — for himself and the “hundreds of thousands” who he says have been similarly fleeced. Assurant handles 80 percent of Wells Fargo’s force-placed policies, while QBE Insurance — a defendant named in another Moskowitz suit — issues the rest.
“We allege that [these policies] are unjust, that they’re not in good faith, and that they’re deceptive,” Moskowitz said. “We’ve heard some really egregious stories.” [...] The suit is one of three similar actions filed by Moskowitz’s firm — Coral Gables-based Kozyak, Tropin & Throckmorton — against banks over lender-placed (or, as the suit calls it, force-placed) insurance policies, including one set for trial later this year.
CBC News: Betrayal of Trust (A CBC investigation reveals how lawyers across Canada have misappropriated and mishandled clients money, to the tune of tens of millions of dollars, or sometimes even charging vulnerable people top dollar for shoddy services)
Land Contract/Contract For Deed/Rent-To-Own Rackets
The New York Times: The Housing Trap (In the wake of the housing crisis, low-income families have turned to seller financing to buy homes but these deals can be a money trap)
Beware The Fine Print: Consumers Forced To Sign Away Their Rights To Use Court System
The NY Times: Arbitration Everywhere, Stacking the Deck of Justice(Part 1 in series examining how clauses buried in tens of millions of contracts have deprived Americans of one of their most fundamental constitutional rights: their day in court)
Foreclosure Mills' Abysmal Record In Complying With New NYS Foreclosure Requirements
Justice Deceived: How Large Foreclosure Firms Subvert State Regulations Protecting Homeowners
MFY Legal Services Report On Questionable Practices By Process Servers In Debt Collection Cases
Justice Disserved: A Preliminary Analysis of the Exceptionally
Low Appearance Rate by Defendants in Lawsuits Filed in the Civil Court of the City of New York
Mortgage Mess Redux: Robo-Signers Return (A Reuters investigation finds that many banks are still employing the controversial foreclosure practices that sparked a major outcry last year)
CNN Video: As Foreclosures Mount, Florida Court Turns To 'Rocket Docket'
The Wall Street Journal: A Florida Court's 'Rocket Docket' Blasts Through Foreclosure Cases (2 Questions, 15 Seconds, 45 Days to Get Out; 'What's to Talk About?' Says a Judge)
"Produce The Note" Strategy When Dealing With Missing Promissory Notes In Foreclosure Actions
ABC Video: Fighting Against Foreclosure (Some homeowners have found a new tactic to keep the banks at bay)
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