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5. Lender must then overcome the substantial rebuttable presumption of guilt in order to be successful in its defense.
It should be noted that the bill provides no presumption that the borrower must overcome. Nowhere in this proposed legislation is the borrower required to show good reason for hisher inability to pay. The Act would not even require the borrower to show good reason for seeking recission of hisher financial obligation.
The basic effect of these provisions would allow borrowers to sue lenders simply because the lenders should not have loaned them money. The potential effect of such legislation would be to curtail lending to a point where mortgage lenders would avoid making loans to all but the highest order of borrowers. This would decrease homeownership solely because the number of lenders willing to take on even normal-risk borrowers would shrink precipitously.
The general issue of whether those not materially affected by the subprime lending collapse should “bail out” homeowners facing foreclosure has come to the foreground of the political landscape. Any Pennsylvania resident who has seen a campaign advertisement leading up to the crucial April 22 Cheap Bryce Love Jersey , 2008 Democratic Primary could attest to this. On March 7, 2008, Senator Kit Bond (R-MO) introduced the “Security Against Foreclosures and Education Act” (the SAFE Act). The purpose of the SAFE Act is to help families and neighborhoods facing home foreclosure and address the subprime mortgage crisis. Senator John Cornryn (R-TX) and a number of other Senators are on board.
The SAFE Act provides an example of the steps Congress is taking in attempting to bridge the gap between the two main viewpoints on the issue. The plan is to provide over $10 billion to refinance subprime mortgages which are stressed or facing foreclosure. It also provides for a $15,000 tax credit Cheap Terry McLaurin Jersey , spread over a three year period, for the purchase of a “qualified personal residence.” “Qualified personal residence” is defined by the SAFE Act as “an eligible single-family residence that is purchased to be the principal residence of the purchaser.”
Other new regulations proposed by the SAFE Act would require borrowers who are considering an ARM (Adjustable Rate Mortgage) to be educated with regards to any introductory rates, payments, expiration dates Cheap Montez Sweat Jersey , prepayment penalties, what the rate will be at the outset, and what the monthly payment will be if rates increase. These measures are inherently proactive. The SAFE Act, if passed Cheap Dwayne Haskins Jersey , would not look back to those who have dealt or are currently dealing with foreclosure. The disclosure requirements, however, would place a strong burden on mortgage lenders to inform potential borrowers about nearly every financial aspect of buying a house.
The proposed borrower education and increased disclosure requirements would not end after purchase. Section 327 of the SAFE Act would amend Section 106(c)(4) of the Housing and Urban Development Act of 1968, which currently provides for financial counseling for homeowners who cannot meet their current mortgage loan ob. Cheap Jerseys ChinaCheap Jerseyshttp://wholesaleauthenticjerseyscollege.com/]Wholesale College Baseball Jerseys[/url] Wholesale Basketball Jerseys
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