A few years ago, Encore Capital, the parent of debt buyer Midland Funding, LLC started spreading money around overseas, mostly notably with the acquisition of Cabot, a debt-buyer in the United Kingdom. It’s most recent quarterly call with investors (transcript available here, signup required) paints an interesting picture of its ever-expanding global reach. The call… Read More »Encore Capital: Growing Foreign Profits
Like Encore, debt-buyer Portfolio Recovery Associates recently held its quarterly call with investors (transcript available here, signup required). Like Encore, Portfolio emphasized its growth outside the United States, in Europe and South America. Portfolio appears to be some way behind Encore in this expansion, although it does have some very far flung outposts – as… Read More »Portfolio Recovery Associates (“PRA”) Is Now a Global Debt Collector
In June 2015, the Office of the Comptroller of the Currency issued several consent orders dealing with misconduct by large banks. Two were new, against Bank of American and Wells Fargo for newly discovered misconduct. The remainder dealt with the failure by large banks, including Wells Fargo to abide by the terms of existing Consent… Read More »OCC Consent Orders With Bank of America, Wells Fargo, HSBC and Other Banks on Debt Collection, Foreclosure & Robosigning
Ocwen is a mortgage servicing company: it’s paid to collect payments from consumers in Maryland and elsewhere, deal with escrow accounts, and sort out any problems that arise. Servicers do not necessarily own the mortgage itself, only the “servicing rights”. The CFPB’s guidance for examining mortgage servicers explains “[t]his is because some entities have expertise in payment processing and other servicing responsibilities, while others seek to invest in the underlying mortgages.” Mortgage servicers are supposed to help the mortgage repayment process run smoothly and to deal with problems – such as mistakes in escrow or missed payments. According to Ocwen’s slogan “Helping homeowners is what we do!”
Homeowners Sue
However, lawsuits filed in Maryland and around the country accuse Ocwen of everything from blatant fraud to utter incompetence, all to the detriment of the homeowners it claims to be helping. A lawsuit filed in Florida recently accuses Ocwen of needlessly forcing homeowners into foreclosure by turning minor problems into major ones. NPR reports the story of one couple who were charged massive fees after an error regarding property taxes:
Read More »Ocwen Servicing Abuses in Maryland and Elsewhere: Foreclosures Spark Lawsky Investigation and LawsuitsThe Department of Defense is proposing to expand the reach of the Military Lending Act’s interest rate cap. The Act caps the interest rate on some kinds of loans to servicemembers at 36%. At present the Act’s cap applies to relatively few loans.
Read More »Military Lending Act Amendment Proposed
CFPB has fined U.S. Bank over its sale of two identity & credit protection add-on products they offered credit card customers. “Privacy Guard” and “Identity Secure” were paid services sold to credit card customers between 2003 and 2012. Sold as add-ons for credit protection, CFPB found that some customers didn’t get the protections they were… Read More »U.S. Bank Fined Over Identity & Credit Protection Add-Ons
In July the CFPB sued Frederick J. Hanna & Associates, a Georgia law firm, for its debt collection practices (complaint here), calling the firm a “lawsuit mill.” Hanna & Associates filed a Motion to Dismiss (copy hosted by CFPB monitor) in September, and the CFPB’s response (copy hosted by Consumer Financial Services blog) elegantly explains what Hanna was doing wrong:
Read More »CFPB Enforcement Division Responds to Motion to Dismiss Filed by “Lawsuit Mill” Frederick J. Hanna & AssociatesSeptember 28, 2014
USA Discounters, a business that targets service members, has been fined $400,000 by the CFPB for misleading its customers. The CFPB’s action comes less than two months after a joint Washington Post/ Pro Publica report detailed USA Discounters’ collection practices.
Read More »CFPB Fines USA DiscountersSeptember 27, 2014 We’ve all seen promotions for credit cards offering special introductory rates and interest free periods. But when exactly do these promotions expire? The CFPB thinks that credit card offers don’t always make that clear, and has issued a bulletin stating that “[c]redit card offers that lure in consumers and then hit them… Read More »CFPB Warns About Deceptive Credit Card Promotions
September 23, 2014
The Consumer Financial Protection Bureau has proposed new rules to regulate non-bank auto finance lenders, including the lending divisions of large car manufacturers. The proposed rules are here. CFPB estimates that the new rule would cover 38 auto finance companies, which make 90% of all consumer auto loans in the country. These companies have never been regulated before.
Read More »CPFB Proposes to Regulate Non-Bank Auto Finance Lenders
