Thanks to Consumer Law and Policy blog for this post which picked up on an amazing NPR audio story. You will find interviews with former Ameriquest employees who detail the level of deception as Ameriquest made loans all over the country, including Alabama.
Given what we have heard from clients who were mistreated by Ameriquest, this story is very credible.
Kenneth R. Harney of the Washington Post has written a disturbing article about what happens when consumers work out a new deal with their mortgage company that involves forgiveness of principal. Here is the introduction to his fine article:
For homeowners who are seriously delinquent on their mortgages and hoping for relief, the Internal Revenue Service has bad news: If your lender agrees to modify your loan and forgive any of your debt, you could owe federal income tax on the amount forgiven.Think of it as the tax code's "kick 'em while they're down" rule.
We think the conclusion of his article (which you should read in its entirety) is excellent:
Proponents of the debt-relief bill argue that short sales, mortgage delinquencies and foreclosures are painful situations for most homeowners and that there's no public policy purpose served by smacking them with tax penalties that make things even worse. In the case of below-market short sales, for example, most homeowners have already suffered sizable capital losses that are not tax-deductible. They've lost thousands of dollars in equity.Why pile on?
The outlook for the bill: It's currently before the House Ways and Means Committee, Congress's primary tax legislation body. Because most of the majority-Democratic housing and banking committee leaders have called on banks and mortgage companies to work out solutions to keep troubled homeowners out of foreclosure, a bipartisan tax fairness bill like this one should have a reasonable chance of passage.
Well said. Given the possible tax implications, we suggest you consult with an experienced attorney or tax advisor before making any modification to your loan so you fully understand the true value of cost of the modification.
Last month an article appeared about the unfortunate problem of rising foreclosures leading to all sorts of scams that cheat struggling homeowners out of money. Here is an excerpt:
Soaring foreclosure rates are sending states scrambling.
Their goal: to protect homeowners from a new crop of scam artists who claim they will "rescue" borrowers. At the same time, some states are forming funds that could provide affordable fixed-rate mortgages to those on the precipice of losing their homes.The stakes are high: As many as 130,000 homeowners – the most in 30 years – are going into foreclosure each month. Experts worry that entire neighborhoods will decline – similar to what happened in the 1960s and '70s – as abandoned foreclosed homes cause property values to drop. Some elected officials are calling for federal legislation to prevent predatory lending and asking lenders to voluntarily hold off on raising mortgage rates for those most in trouble.
You can read the rest of the article at this link - http://www.csmonitor.com/2007/0405/p01s03-usec.htm
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