Introduction
A new financial threat looms over homeowners, known as “zombie” mortgages. These mortgages, often the result of second loans on homes, can lead to foreclosure even after years of timely payments. This issue has the potential to affect tens of thousands of homeowners across the United States.
The Emergence of Zombie Mortgages
Zombie mortgages arise when homeowners take out a second loan on their property and lose track of their payments, often due to irregular or non-existent billing from lenders. As missed payments accumulate, debt collectors can eventually threaten foreclosure. This phenomenon has caught many homeowners by surprise, leading to significant financial and emotional distress.
A Veteran’s Ordeal
One such case is that of Leverne Simmons, an Iraq war veteran who settled in California. After a decade of making timely mortgage payments, Simmons received a notice of default on her home, despite never missing a payment or requesting a payment arrangement. Simmons had taken out a second mortgage in 2014, under the impression that her monthly payments covered both her original and second mortgages. However, due to a lack of periodic statements from her lender, she was unaware of accumulating interest and late fees. Her initial $65,000 loan ballooned to over $140,000, placing her at risk of losing her home.
Legal Battles and Settlement
Simmons’ experience is not isolated. Many homeowners face similar challenges with lenders failing to send required periodic statements. Real-time Resolutions, a loan servicer involved in Simmons’ case, recently settled a class-action lawsuit with another homeowner who faced foreclosure under similar circumstances. While Real-time Resolutions denied any wrongdoing, they declined to comment on the issue.
The Role of Predatory Practices
Real estate experts like Rich Sherman highlight the role of predatory practices in exacerbating the problem. Sherman, who has assisted over a hundred homeowners in similar predicaments, explains that debts are often sold in secondary markets to entities he refers to as “vulture capitalists.” These entities purchase debts for a fraction of their value and then enforce the full loan amount, including back interest and penalties, leading to significant financial burdens on homeowners.
Regulatory Failures
Rohit Chopra, the director of the Consumer Financial Protection Bureau (CFPB), attributes the rise of zombie mortgages to regulatory failures that date back to the financial crisis. Chopra emphasizes the need for vigilance and stricter oversight to protect consumers from such predatory practices. The CFPB aims to address these issues and provide homeowners with the necessary tools and support to navigate these challenges.
Protecting Yourself from Zombie Mortgages
Homeowners can take several steps to protect themselves from zombie mortgages. Firstly, regularly checking credit reports can help identify any unnoticed liens on properties. If a bill for zombie debt is received, it is crucial not to pay it immediately. Instead, homeowners should investigate the legitimacy of the debt, request proof, and consider seeking legal counsel. Local legal aid can provide guidance and support in navigating these complex situations.
The Broader Impact of Zombie Debt
Zombie debt is not limited to mortgages. It can also affect student loans, auto loans, and medical debt. As financial institutions continuously offer new loan products, consumers must remain vigilant about understanding the terms and conditions of their debts. Regularly reviewing financial statements and maintaining detailed records can help mitigate the risk of falling victim to zombie debt.
Conclusion
The threat of zombie mortgages underscores the importance of financial vigilance and regulatory oversight. Homeowners must stay informed and proactive in managing their debts to avoid unexpected foreclosures. With the support of legal and financial experts, individuals can navigate the complexities of zombie mortgages and protect their homes from predatory practices.
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