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Update of March 10,
2008: The ACJ notes that in September, Citigroup bought the assets of
the mortgage servicing company owned by Ameriquest's parent, ACC Capital
Holdings. It also bought the assets of Argent Mortgage. That deal gave
Citigroup the servicing rights for the Andronicas' mortgage and $45
billion in other loans... A Citigroup spokeswoman said Friday that the
lender was awaiting information from the Andronicas to "determine their
eligibility for a modification." Kelly and David Andronica think
Citigroup should make things right, especially since the problems with
Ameriquest loans were well known when Citigroup decided to buy the
Ameriquest servicing company.
Update of December 17, 2007: Too little, too late
-- nearly two years after the Ameriquest settlement was announced with
fanfare by state attorneys general, now the relatively small payments
are being made. This is for loans from 1999 to 2005: that is, up to
seven years ago. In New Jersey, for example,
9,132 borrowers will receive a total of $12.2 million, according to Lee
Moore of the New Jersey Office of the Attorney General. The total
awarded in Pennsylvania was $10.8 million to 12,401 borrowers. You do
the math...
Update of October 8, 2007: October's Mortgage
Servicing News reports that "Citigroup has
acquired the $45 billion subprime servicing portfolio of Ameriquest
Mortgage, a transaction that will help it challenge Countrywide
Financial Corp. for the No. 1 spot among B&C servicers... Citigroup also
purchased Argent Mortgage, a nonprime wholesale lender that is a sister
company to Ameriquest... By purchasing the Ameriquest receivables,
Citigroup will grow its subprime servicing portfolio to about $110
billion. At the end of June, CFC serviced $125.6 billion in subprime,
ranking first in that niche... 'Exercising our option to acquire the
assets from ACH's wholesale origination and servicing business allows
Citi to secure valuable and scalable platforms in a market undergoing
significant change,' said Jeffrey Perlowitz, head of global securitized
markets for Citi's fixed income, currencies and commodities division,
where the assets will reside."
But why
would Argent's origination capacity "reside" in Citigroup's investment
bank? We'll have more on this.
Update September 3, 2007: With Subprime Hot Air in
DC, Cold-Blooded Citigroup Buys Ameriquest
Byline: Matthew R. Lee of Inner City Press
As President George W. Bush and Federal
Reserve chairman Ben Bernanke Friday wrung their hands in Washington
about the subprime mortgage meltdown, New York-based Citigroup announced
it was buying a chunk of admitted predatory lender Ameriquest. Citigroup
is a meta-predator, taking advantage of the foreclosure boom to scoop up
one of the most abusive lenders at a temporarily reduced price. The head
of Citigroup's "global securitized markets" unit, Jeffrey Perlowitz,
said the takeover "allows Citigroup to secure valuable and scalable
platforms in a market undergoing significant change." Some thought
predatory lending was a market being discredited and shrinking. To
Citigroup, it's just change that can be scaled up.
The founder of Ameriquest, Roland
Arnall, who has made billions from predatory lending, was nominated by
President Bush as Ambassador to the Netherlands. While a few U.S.
Senators delayed his confirmation until Ameriquest finalized a
settlement with state attorneys general, now Arnall will profit again,
selling the remainder of the company to Citigroup. The losers in the
deal are the borrowers from whom Citigroup will even more ruthlessly
squeeze payments on loans that were misleading and abusive from the
start, and future borrowers whom Citigroup will target with the ex-Ameriquest
"scalable platform."
At Citigroup's annual shareholders'
meeting on April 17, 2007, Chuck Prince stood alone on the stage of
Carnegie Hall, as Sandy Weill used to do, and took questions. Inner City
Press asked about Citigroup's 2006 lending record -- confining African
Americans in New York to higher cost loans 4.4 times more frequently
than whites -- and about Citigroup's then just announced proposal for
"propping up and taking an option in Argent," an affiliate of
Ameriquest.
"Good question," Prince began. Argent
"is a company that has restructured itself. This is a company that has
settled with regulators." He said it is a situation of "good bank, bad
bank" and claimed that Citigroup is only thinking of buying the good
part.
But it was Ameriquest that announced
reforms, none of which have been implemented at Argent. Prince cut in.
"We're not going to buy anything unless it's cleaned up." So in the
turbulent five months since, have Ameriquest and Argent really been
cleaned up? Or have prices hit bottom, leading Citigroup to pounce?
Prince said, "we've had reputation issues in the distant past, we're not
going down that road." And now, while other wring their hands to come
off as concerned, Citigroup is rushing headlong with Ameriquest further
down the road of predatory lending.
Update of July 16, 2007: The letters and notices of
the state attorneys general's $325 million settlement with Ameriquest
have started going out. The possible range of settlements?
$123 to $2,418. Of what use is $123 to someone
who's losing their home?
Update of May 21, 2007: From a report last week,
2006 subprime mortgage volume and status of
Argent/Ameriquest $25,507 Major layoffs, losses, Citi has an option to
buy
Update of May 7, 2007: Ameriquest is up to its old
tricks, this time in Washington State. Just as Ameriquest and Argent
sued in Texas to block the release to Inner City Press of predatory
lending-related document requested under Freedom of Information laws,
now Ameriquest and Argent are doing the same out West. And this is the
company that Citigroup has propped up and wants to buy...
Update of April 23, 2007:
At Citigroup's annual shareholders' meeting on
April 17, Chuck Prince stood alone
on the stage of Carnegie Hall, as Sandy Weill used to do. Prince propped up his
presentation with PowerPoint slides and two videos. The first was of Citigroup's
volunteer day in 100 countries, from Guam to Pakistan. The second was of the new
"Citi" brand, which Prince described as "representing everything our company
stands for."
Inner
City Press asked how these state principles are consistent with Citigroup's 2006
lending record -- confining African Americans in New York to higher cost loans
4.4 times more frequently than whites -- and with "propping up and taking an
option in Argent," an affiliate of admitted predatory lender Ameriquest.
"Good
question," Prince began. Argent "is a company that has restructured
itself. This is a company that has settled with regulators." He said it is a
situation of "good bank, bad bank" and claimed that Citigroup is only thinking
of buying the good part.
But it
was Ameriquest that announced reforms, none of which have been
implemented at Argent. Prince cut in. "We're not going to buy anything unless
it's cleaned up." Prince and Citigroup appear to be in denial. Prince said,
"we've had reputation issues in the distant past, we're not going down that
road." We'll see.
Update of April 9, 2007:
In a study of the just-obtained 2006
mortgage lending data, ICP & Fair Finance Watch have identified
disparities by race and ethnicity in the higher-cost lending of some of
the nation's largest banks. 2006 is the third year in which the data
distinguishes which loans are higher cost, over the federally-defined
rate spread of three percent over the yield on Treasury securities of
comparable duration on first lien loans, five percent on subordinate
liens. Among other findings, Argent Mortgage, which Citigroup now has an
option to buy. made 117,328 mortgages, of which 107,530 or 91.65% were
higher cost loans over the rate spread.
Update of March 19,
2007: Notes from the subprime underground --
Subj: Ameriquest
Date: 3/17/2007 5:02:16 PM Eastern Standard
Time
From: Name Withheld in this Format
To: Inner City Press
All of Ameriquest's retail lending division
was shut down this past Thursday (the "New Business Model"), and there
were additional mass layoffs across the remaining ACC business lines,
including Argent, of which their NY Operations located in White Plains
was closed that day as well.
The Orange County Register website has some
information, but it’s pretty candy coated. Just talks about how
relieved employees that they interviewed were that it's finally over.
Also, the Register mentions their "severance packages," they did not
receive severance packages, they are on the payroll for 60 days only so
the company compliant with the Fed & State WARN Acts, beyond that, they
just received the standard pay out of vacation & sick time accrued -- no
severance.
The key line from the
L.A. Times' story on the mass layoffs at ACC / Argent / Ameriquest: " By
drastically cutting costs, the company could be making itself a more
viable candidate for a sale." Our take? This way Citigroup gets the
layoffs done before it acquires the company...
Update of March 12, 2007:
From Deval Patrick, following his $360,000 a year part-time service on
the board of directors of the predatory lender Ameriquest / ACC: "As a
former board member, I was asked by an officer of ACC Capital to serve
as a reference for the company and agreed to do so. I called Robert
Rubin, a former colleague from the Clinton administration and an
executive at Citigroup, to offer any insight they might want on the
character of the current management... I appreciate that I should not
have made the call."
Update of March 5, 2007:
"ACC Capital also said it has secured fresh working capital from
Citigroup's Markets and Banking Division and from ACC's majority
shareholder, who is Roland E. Arnall, the U.S. ambassador to the
Netherlands." Inner City Press: But wasn't Arnall supposed to be out of
business with Ameriquest while serving as (bought) Ambassador?
Update of February 5,
2007: If last week's
media speculation, that Citigroup's in line to buy the damaged
predatory Ameriquest, is true, it will again reveal rifts in the
community and consumer advocacy movements. Citigroup has bought many
friends, from the time of its Associates First Capital Corp. purchase
during which now-CEO Chuck Prince flew around the country telling groups
they could send their complaints to his "personal fax number" (which
some just call a garbage can). Even now, Citi-shills are singing, "But
wouldn't it be better, if Citi ran the show?" Well, no. Ameriquest is
near death, due to predatory lending. Just as HSBC's (14) billions
re-inflated Household to harm more and more consumers, so too would
Citigroup's opportunism reinvigorate the Ameriquest network of sleaze.
That said, in fairness to some of
Citigroup's and even Ameriquest's defenders, it may be that the
companies saw it made sense to help the few consumers that these
advocates referred. But what percentage of Citi's and Ameriquest's victims have been helped? Very
few.
Update of January 29,
2007: The lawsuit by Wayne A. Lee against Ameriquest and Roland Arnall
sets forth how Arnall and others did not want to clean up Ameriquest,
and that the company is now up for sale. But who in their right mind
would buy it?
Update of December 18,
2006: Investment bankers, analysts, and others familiar with predatory
lending said last week that Ameriquest's parent ACC has hired JPMorgan
Chase & Co as adviser to sell the company and is seeking between $1.5bn
and $2bn for the franchise...
Update of January 14, 2007: Last week the Gates
Foundation was exposed as investing in Ameriquest / ACC, while it was
being sued for widespread predatory lending. In response, Gates
Foundation Chief Operating Officer Cheryl
Scott told the Seattle Times, "It's very, very complex. Let's say I
don't invest in oil companies but I do go and buy gas with my car. Let's
say I don't buy gas for my car, but I use rubber tires. Where do you
draw the line?" Well, an credible line would militate against investing
in subprime lenders widely charged with predatory lending. No?
Update of December 11,
2006: ACC, the imploding parent of Ameriquest and Argent, last week
announced a plan to sell its subprime auto lender Long Beach Acceptance
Corp. for $282.5 million to AmeriCredit. What will they sell next?
Update of December 4, 2006: Who will try to buy
Ameriquest and Argent? Some now say "the French." Word to the wise:
c'est toxique....
Update of October 16, 2006: From the mail bag:
Subject: ameriquest question
From: [ ]
To: Ameriquest-Watch [at] innercitypress.org
Sent: Mon, 9 Oct 2006 2:08 PM
I have a question regarding the upper level
management of Ameriquest and this large penalty they paid. Will any of
them do time in prison? How about civil law suits against them to take
all their assets and give it to the people who were defrauded. My
neighbor is Mary Jo Shelton and I know she was the National VP of Sales.
Will she be doing any time? We have not seen her at this house here in
Eagan for 5 years (they own several properties in MN), now all of a
sudden she’s home every day and volunteering at school. So I did a
little research on the internet and “discovered” her involvement with
Ameriquest. I knew she worked with them, but I didn’t realize her
position, etc. Well she looks great driving around town in her brand new
Land Rover...
Update of October 9, 2006: Echoing AGs around the
country in the midst of gubernatorial campaign, New Mexico Attorney
General Madrid last week issued a press release: "Beginning immediately,
consumers can learn more about the national settlement with Ameriquest
and can sign up to receive a portion of the settlement, either online or
through a toll free number. Consumers who acquired a loan from
Ameriquest in the 1999-2005 time frame are eligible to receive a portion
of the settlement. The amount the individual consumer receives will be
determined by the date of their loan acquisition. Consumers may call
1-800-420-5875 to hear a recorded message or log onto
www.AmeriquestMultiStateSettlement.com. The settlement was signed by
the Attorneys General of 49 states and the District of Columbia, and by
banking regulators of 45 states. This is the second largest consumer
settlement of its kind in U.S. history, following the national Attorneys
General landmark settlement in 2002 with Household Finance
International" -- that would be HSBC, regarding which Ms. Madrid and
most other state AGs continue withholding documents, as they do about
Ameriquest...
Update of September 25, 2006:
Subject: Justice
To: MLee [at] innercitypress.org
From: [Name withheld]
Sent: Thu, 21 Sep 2006 1:23 AM
Dear Mr. Lee: I was previously employed by Argent
Mortgage for two and a half years and managed, among other areas, the
corporation's fraud investigation, borrower complaints and repurchase
departments. There are currently over 568 open fraud investigations
involving hundreds of brokers and hundreds of millions of dollars in
fraudulent loans that are being covered up by top executives in the
company. If a broker sustains a certain monthly volume, Argent
management looks the other way and, not only does not suspend the bad
brokers, but knowingly sells these fraudulent loans on the secondary
market to unwitting investors.
I was terminated today and left with just my
purse in tow, but I have names of individuals in the company who need to
be served with subpoenas to enable them to turn over their spreadsheets
and boxes full of documentation and evidence of all the fraud they have
found that is being covered up by Argent Mortgage's executive
management. The state regulators need to know the truth about the blind
eye Argent turns to the fraud perpetrated on innocent consumers by high
volume brokers. They also need to be aware that Argent knowingly bundles
these fraudulent loans and sells them as mortgage-backed securities on
Wall Street, thereby compromising the SEC, as well as our country's
economic stability.
At a recent fraud seminar attended by hundreds of
mortgage lenders in Washington D.C. a week ago, an attorney who works
for Argent's retained law firm, Buchalter Nemer, stood up and told the
seminar attendees that the wholesale lenders in the audience had better
beware, unless their name is Argent. Argent is safe from investigation
because the government got their $325 million settlement from Ameriquest
and won't be looking into Argent, per the settlement agreement. I hope
this isn't true because Argent Mortgage funded over $50 billion in 2005
and is gearing up to fund well over $80 billion dollars of fraudulent
loans in 2007.
Update of September 18, 2006: This week we'll let
Mother Jones magazine's
Sept.- Oct. story about predatory lenders in Cleveland, including
Ameriquest's Argent, speak for itself:
"retired steelworker Steve Zsigrai lives with
vacant foreclosed houses on either side of him. His ex-wife insisted on
moving to the upscale suburb almost 40 years ago. Now, Zsigrai says,
"Shaker lives in la-la land." At a sheriff's sale in December, Deutsche
Bank bought back the modest brick house on his left from Adele Eisner, a
massage therapist. On an annual income of just $26,000, she had borrowed
$197,200 from Argent Mortgage to refinance a high-interest loan on her
new home and pay off other debts. She went into foreclosure less than
eight months later, owing Argent $233,000. The bank had loaned her
nearly three times the county's assessed value of her house. Argent
sells more mortgages than any lender in Cleveland, and it took just one
year to hit No. 1.. In January, responding to complaints that Ameriquest
reps had aggressively pushed customers to refinance over and over again
and misled many of them about the cost of their monthly payments, 49
states reached a $325 million settlement with the company. Ameriquest
agreed to disclose interest rates and fees up front, use independent
agents at closings, and refinance loans only if a transaction benefits a
borrower. (The Ameriquest settlement doesn't affect Argent, which was
spun off as a separate entity in 2003; both Ameriquest and Argent are
now part of a shared parent company, ACC Capital Holdings.) After the
settlement was announced, Massachusetts Attorney General Thomas Reilly
-- whose opponent in the Democratic primary for governor is on the board
of the loan giant's parent company -- called Ameriquest "a very bad
company engaged in despicable practices." The man who presided over
those practices was by then already packing his bags. In February, the
Senate Foreign Relations Committee unanimously confirmed Ameriquest's
founder, Roland Arnall, as ambassador to the Netherlands. Arnall and his
wife, Dawn, have given more than $6 million to Republican candidates and
organizations since 2000; the Arnalls were honorary finance chairs of
the president's second inauguration....
Update of September 4, 2006: Ameriquest was hit
with a class action lawsuit last week in Baltimore City Circuit
Court. According to the complaint, Ameriquest instructed its affiliated
title settlement companies to charge borrowers an illegal notary fee,
and engaged in a scheme to receive kickbacks on that fee. The real
estate settlement statements given to borrowers at closing identified a
$250 fee payable to Baltimore-based JM Closing Services Inc. as a notary
fee, the suit alleges. JM Closing was "formed solely to facilitate
illegal payments and kickbacks to Ameriquest" and, in most cases, "did
not actually provide any notary services to Ameriquest mortgage clients
who paid for such services," the complaint says. It just goes on and
on...
Update of August 14, 2006: From the mail bag --
Subject: Ameriquest
Sent: Thu, 10 Aug 2006 3:14 PM
From: [Name withheld in this format]
To: Ameriquest-Watch [at] innercitypress.org
Just found your website on Ameriquest. I guess that explains how they
appraised our house at $72,000, and when we contacted another lender to
refinance, their appraiser gave an estimate of $46,000.
Update of July 3, 2006: The U.S. District Court,
Northern District of Illinois has granted a temporary injunction, the
first tangible result in a multidistrict litigation brought by consumers
against a major mortgage lender for violations of a variety of federal
lending laws. (In re Ameriquest Mortgage Co., No. 05-CV-7097 (N.D.
Ill). The size of the MDL will depend on how many potential class
members accept the AGs' settlement offers.
The District Court's initial order in the MDL required the lender to
issue notice to borrowers with Truth in Lending Act claims in the MDL
against Ameriquest. The lender must alert the borrowers that they may
face foreclosure before a decision on pending motions for class
certification and a preliminary injunction is reached. We'll see.
Update of June 26, 2006: From the LA Times report
on ACC's fallen earnings: "In addition to Ameriquest Mortgage, ACC also
includes a larger affiliate, Argent Mortgage Co., which provides
subprime loans through independent mortgage brokers rather than its own
in-house sales force. Other affiliates are Town & Country Credit Corp.,
a small retail lender; Long Beach Acceptance Corp., a subprime auto
lender; and AMC Mortgage Servicing Inc., a specialist in billing and
collecting loans." So why was Ameriquest's "larger affiliate" left
unreformed?
Update of June 19, 2006: Close observers note that
the lawsuits (finally) filed last week show that Ameriquest disclosed to
the state AGs that Ameriquest had no pricing grid, and thus that all
so-called "discount points" paid did not reduce the interest rate, but
were pure predatory profit...
Update of June 12, 2006: From the Berkshire Eagle
(of Pittsfield, Mass.) of June 10, a notice of what was in all
probability a predatory loan: "Deutsche Bank National Trust Co,
Ameriquest Mortgage Securities Inc., AMC Mortgage Services Inc. and
Deutsche Bank National Trust Co. Trust sold property at 19 South
Carolina Ave., Pittsfield." Ameriquest and Deutsche Bank - quite a
combination...
Update of
June 5, 2006: It now emerges that ACC Capital Holdings last year paid
$360,070 to board member Deval Patrick, whose staffer says this was for
having attended about four or five board of directors meetings and
acting as ACC's liaison in the settlement discussions with 49 attorneys
general over predatory lending which required "four or five special
briefings" for the board. That's over $36,000 per meeting...
Update of May 29, 2006: From NMN --
Ameriquest Mortgage, which three weeks ago
closed all of its 229 retail branches, is planning for a substantial
decline in production over the next few months, company executives told
National Mortgage News. The lender anticipates that its origination
volume will fall dramatically for three to six months as it re-engineers
its direct-to-consumer channel toward four regional call centers in
Arizona, California, Connecticut and Illinois...The Orange, Calif.-based
company said its predictions on originations affect only Ameriquest and
not its wholesale affiliate, Argent Mortgage. 'Argent is unaffected by
this,' said Adam Bass, senior executive vice president and vice chairman
of ACC Capital Holdings, the parent of both units." Convenient, isn't
it, that the one channel of ACC that is covered by the reforms in the
AGs settlement now reduces its volume, with the uncovered and unreformed
broker channel doesn't slow down at all...
From the mailbag, to Inner City Press / Fair Finance Watch from
Gatlinburg, TN ---
... I have Power Of Attorney for my father
who is 68 years old and resides in Gatlinburg, Tn. He and my mother who
at the time was dying of cancer and Ameriquest knew this refinanced
their home in July of 05 because they were convinced by a mortgage
specialist that because they were one month behind on their current
mortgage they were going to lose their home. Ameriquest falsified income
documents and showed rental income where there was none. My mother
passed away in January of this year and now this loan is 4 months behind
because my father who's total income even when my mom was alive was
maybe 2000.00 per month cannot make the payment of 1500.00 per month. I
have all of the documents from Ameriquest that they sent to him and am
now talking with an attorney because he will have to file Chapter 13 in
order to stop the foreclosure and give me time to sell his home. [All
told,]my parents received 3,500. and Ameriquest paid some of their
smaller bills. Ameriquest made over 15,000 on this loan....
Update of May 22, 2006: In the Massachusetts
gubernatorial race, in which Ameriquest has become a major issue, the
AG/candidate said, "there is no evidence that this predatory company has
changed."
Update of May 15, 2006: Even before closings all
its retail offices, ACC in 2005 made only 38% of its subprime loans
through the retail channel, which alone is covered by the AGs' purported
reforms. Why let 62% of the business off the hook? Ask the AGs... Fresh
from announcing the closing of its retail offices, Ameriquest has been
identified as the biggest forecloser in Boston, hauled in to meet with
the mayor about the problem...
Update of May 8, 2006: Regarding Ameriquest's
shutdown of its retail offices (thus dodging reforms in its predatory
lending settlement with the state AGs), all we can say is "we told you
so" -- including being the first to report the impending layoffs, based
on emails we received from (ex) employees...
Update of May 2, 2006, 7 p.m. -- From Bloomberg
news, 5:39 p.m. Eastern: "Ameriquest Mortgage Co.'s parent, ACC Capital
Holdings, plans to close all of its 229 retail branches and eliminate
about 3,800 jobs...ACC's regional centers in California, Arizona,
Illinois and Connecticut will finish processing loans approved by its
Ameriquest and Town and Country Credit branches and originate new
mortgages. Corporate functions will be centralized at ACC's
headquarters, the company said in a statement. Spokesman Chris Orlando
declined to provide financial information about the company." Typical...
Reuters at 5:49 p.m. reported that "Ameriquest said the changes were in
compliance with a settlement under which it agreed in January to pay
$325 million to clear up claims that its lending practices abused
customers in 49 U.S. states." In compliance with the settlement?
We'll see.
Update of May 2, 2006, 3 p.m. -- This just in:
Subject: http://www.innercitypress.org/ameriquest.htm
From: [Name withheld]
To: AmeriquestWatch [at] innercitypress.org>
Sent: Tue, 2 May 2006 11:39:29 -0700
Your source appears to be correct. Emails have been sent out to all of
my colleagues, managers & supervisors in the appraisal department of
Ameriquest Mortgage that effective immediately all Ameriquest and Town &
Country Credit branches will be shut down.
If true, the reforms in the settlement with
the state attorneys general would be moot, and only the unreformed
Argent would continue. We'll see.
Update of May 2, 2006, 9 a.m. -- overnight Inner
City Press received anonymous messages predicting major layoff
announcements at Ameriquest today. Here's a sample email, predicting a
bit more:
Subject: Ameriquest sold?
From: [Name withheld]
To: AmeriquestWatch [at] innercitypress.org
Sent: Tue, 2 May 2006 07:44:19 +0000
My husband used to work for Ameriquest and he found
out tonight (through a reliable source) that Ameriquest has been sold
and as of noon tomorrow their offices will be closed. Of course most
employees have no idea they are about to lose their jobs...sounds like
something they would do.
We'll see...
Update of April 24, 2006: Inner City Press / Fair
Finance Watch has conducted a comparative study of 2005 Home Mortgage
Disclosure Act data, this time focused on New York City, and has found
that the largest subprime lender to African Americans in NYC in 2005 was
Ameriquest and its affiliates including Argent, which made 6394 loans in
NYC in 2005, 4656 (or 72.8%) of them over the rate spread. Ameriquest
recently settled charges of predatory lending for $325 million, while
leaving its Argent affiliate entirely unreformed.
Update of April 17,
2006: Continued sale of loans: in the first quarter 2006 tables,
Ameriquest Mortgage came in ninth, after placing $7.8 billion in ABS
(asset backed securities). Among the securitizers of Argent's loans is
JPMorgan Chase...
Update of April 10,
2006: The 2005 Home Mortgage Disclosure Act data, which Inner City
Press / Fair Finance Watch received in late March from Ameriquest,
reveal that in 2005, Argent made 220,069 higher cost loans over
the rate spread, while Ameriquest Mortgage made 122,868 such loans. (The
Federal Reserve has defined higher-cost loans as those loans with annual
percentage rates above the rate spread of three percent over the yield
on Treasury securities of comparable duration on first lien loans, five
percent on subordinate liens.)The reforms announced in support of the
predatory lending settlement with the attorneys general cover barely 35%
of ACC's high-cost lending...
Update of April 3, 2006: With the Attorneys General's focus limited to
Ameriquest Mortgage, Fitch last week put affiliates Argent and Olympus
on Ratings Watch Negative -- specifically, Classes M9, M10 and M11 of
the ARSI series 2004-PW1 Ameriquest Mortgage Securities, on the grounds
of "a deterioration in the relationship between credit enhancement and
expected losses."
Update of March 27, 2006: From the department of
Justice-delayed-is-Justice-denied -- it's been reported that even those
victims of Ameriquest (but not Argent) Mortgage who are entitled to the
attorneys general's restitution wouldn't receive a dime until at
earliest 2007, since "the funds won't be distributed until the entire
amount is collected in quarterly installments over the course of a year,
said Thomas Papageorge, head of consumer protection for the Los Angeles
County district attorney's office." (LA Times, March 22). Meanwhile
Inner City Press' Dutch sources tell of a combative press conference
between new US Ambassador Arnall and Dutch journalists -- "It's not
going to end well," this source has predicted...
Update of March 20, 2006:
Update of March 20, 2006: More sample litigation against Ameriquest,
this time from Tennessee, Henderson County to be exact, where Jimmy and
Florence Grice are suing Ameriquest and appraiser Rick Hyatt for $1.1
million, accusing Ameriquest of conspiring with Hyatt in October 2003 to
inflate the worth of the Grices' house." He (the appraiser) said our
house's price was double what it was worth," Florence Grice told the
Jackson Sun. "It was properly appraised for $67,500, and it was
originally appraised for $130,000 by Ameriquest."The Grice suit states
that Hyatt's inflated appraisal of their house was predetermined" to
allow the Grices to obtain a refinancing loan of $110,500 at 11.784
percent interest. "Ameriquest told the Grices that if they made six
months of mortgage payments at $1,064 per month, the company would again
rewrite the loan at an interest rate between 4 and 5 percent, according
to the suit. After making the six months of required payments,
Ameriquest did not reissue the Grices' loan for the lesser percentage
rate, which would have lowered their monthly payments to the "$400
range," the suit said. Unable to continue paying the $1,064 per month
mortgage, Deutsche Bank National Trust Company, to whom Ameriquest sold
the mortgage, foreclosed on the Grices' home." On that, there are more
questions arising about Ameriquest and Deutsche Bank - watch this space.
Update of March 13,
2006: The settlement is not a solution, as reflected for example in
this
South Florida news item last week
Update of March 6, 2006: From the states'
Ameriquest settlement, kudos to Inside B&C Lending for noting this
provision about which loans are covered, requiring the Attorneys General
to "renegotiate this provision" after monitor Mike Moore files 2007 and
2008 reports -- "in these negotiations, the parties may agree to
increase or decrease the margin over Treasury yield or they may agree to
a different standard entirely." This bears watching… From the Arkansas
Democrat-Gazette of Feb. 26, a sample warranty deed from "
Deutsche Bank National Trust Co., trustee of Ameriquest Mortgage
Securities Inc., to Michael Kirkland and Teresa Kirkland, Lot 6, Villa
View Estates, Siloam Springs, $172,000, signed Feb. 7." Deutsche Bank
and Ameriquest…
Update of February 27, 2006: The issue of ACC
Holdings / Ameriquest having doled out Rolling Stones concert tickets to
politicians and other involved in the January 2006 predatory lending
settlement has spread in mainstream media from Nevada to Massachusetts
to Maryland. Meanwhile, confusion about the limited scope of
Ameriquest’s / ACC Holdings’ predatory lending settlement extends to
and/or is caused by those involved in the settlement. In a Feb. 23
conference call, Iowa Attorney General Tom Miller called it a good
settlement, while speaking about a report which described the settlement
as being by ACC Holdings “and its subsidiaries including Ameriquest” –
no mention of the exclusion of ACC’s large Argent Mortgage unit. While
the call included a question-and-answer, this question was not able to
be asked. The eleven who were allowed to ask questions included trade
publications, two reporters who blurred mortgages into payday lender,
and a radio reporter who said she couldn’t find the report on the
website. When asked why more questions weren’t allowed, the public
relations firm listed as the contact said that “there were two other
reporters we couldn’t fit in,” then claimed that there were 27 who had
wanted to ask questions. But since only 11 were allowed, that would
leave 16 out in the cold. When asked to explain, the p.r. flack said
haughtily that he wasn’t in charge of the queue. Who was, then? When
asked how to ask Iowa AG Miller a question (about the exclusion of
Ameriquest), the p.r. flack said AG Miller has his own press people.
Quite an operation…
Update of February 20, 2006: Flowing from a flim-flam
partial settlement, Ameriquest founder Roland Arnall’s nomination to be
U.S. ambassador to the Netherlands went through without even any
additional debate. From California, Arnall’s nephew and ACC vice
president Adam Bass said, "We are pleased that
Mr. Arnall's nomination to be the ambassador to the Netherlands has been
confirmed by the United States Senate. We take great pride in knowing
that our company's founder will be representing our country abroad and
know he will serve with honor and distinction." What country does
Household International’s ex-CEO Aldinger want?
Consider how little of
ACC Capital Holdings' business in Cleveland is covered / reformed by the
AGs' settlement – the 2004 Cleveland volumes of loans to African
Americans (Argent 2270 versus only 56 by Ameriquest Mortgage) and
Latinos (Argent 176 versus only 16 by Ameriquest Mortgage). In Cleveland
in 2004, Ameriquest Mortgage made only 54 refinance loans to African
Americans, while Argent made 1015 refinance loans to African Americans.
As we’re noted for other areas, most recently Connecticut, the
settlement’s exclusion of Argent is even more problematic as a fair
lending matter...
Updated February 13,
2006: Looking more closely into what the attorneys general’s settlement
excluded, Inner City Press/Fair Finance Watch has examined the sample
state of Connecticut. Ameriquest had its license suspended in the state
for a time; Connecticut’s attorney general appeared on ABC Nightline the
day of the settlement, talking tough. Well, in Connecticut in 2004,
Argent was a larger lender to both African Americans and Latinos than
was Ameriquest.
Ameriquest made 286 loans to African Americans, 168
of them over the rate spread.
Argent made 485 loans to African Americans, 286 of
them over the rate spread.
Ameriquest made 242 loans to Latinos, 133 of them
over the rate spread.
Argent made 631 loans to Latinos, 334 of them over
the rate spread.
The government’s numbers reflect that ACC
Capital Holdings’ largest lender to people of color in Connecticut was
left uncovered and unreformed by the settlement.
Meanwhile, more on the
Argent layoffs: ACC refused to confirm to journalists the locations of
the cuts, but it’s known that many are in White Plains, where ACC had
been growing like gangbusters (or a boiler room operation). ACC bought
in the driver Danica Patrick, to quasi-bless (or cover for) the
operation. And now the cut-backs. And what’s Danica Patrick’s view?
We’ll see.
Update of February 6,
2006: In the run-up to Super Bowl XL in Detroit, Inner City Press / Fair
Finance Watch has analyzed mortgage lending patterns in the Detroit
Metropolitan Statistical Area in the most recent year for which data is
available, 2004. Ameriquest Mortgage in 2004 made 381 loans to African
Americans in the Detroit MSA, 315 of them over the rate spread.
Meanwhile, Ameriquest’s affiliate Argent Mortgage, which the state
attorneys general left out of the settlement and reforms, made 2673
loans to African Americans in the Detroit MSA in 2004, 2142 of them over
the rate spread. So the settlement covers less than 12.5% of ACC Capital
Holdings’ loans to African Americans, and an even smaller percentage of
ACC’s higher cost loans over the rate spread.
In other media, from
Utah’s Deseret Morning News of Feb. 2:
“All Marian Paul wanted was a $4,000 loan.
Instead, the 73-year-old Native American widow ended up with a $60,000
high-interest-rate loan from Ameriquest Mortgage Co., according to a
lawsuit filed Tuesday in U.S. District Court. Now, with the loan in
default, Paul faces the threat of losing her Salt Lake City home to
foreclosure. The complaint alleges that after Paul contacted
California-based Ameriquest, two representatives of the company showed
up at Paul's home unannounced on the evening of March 24, 2005, at 10:30
p.m. With only a bathroom light working in the house, the Ameriquest
agents moved a table into the hallway by the bathroom and requested that
Paul sign loan documents, promising her that she would save a lot of
money, the suit says. Paul, who has cataracts and does not read English
well, asked if she could keep the documents so her daughter could read
them to her. But the sales agents said no…”
Another indication of
how much the attorneys general missed is reflected in Indian Country
Today’s January 31 article about the settlement:
“Ameriquest
was a top 20 lender to American Indians in 2004, and Argent (not named
in the investigation) ranks fifth. Together they would comprise the
third-largest mortgage lender to Indians in the country, and their 2004
cumulative total was more than $1 billion. Ameriquest, a retail lender
with physical branch offices, loaned $348 million to American Indians in
2004, its HMDA filing shows. That was the 17th largest in the country.
Argent, a 'wholesale' lender that does business with local mortgage
brokers, loaned $800 million… These
were huge increases from the firms' 2003 Indian mortgage lending, a
record year overall for mortgage lending in the country. That year,
Argent reported making $94 million in loans to Indians, for 20th place,
and Ameriquest $62 million, placing it 31st, according to HMDA data.”
So Argent impacted more
consumers than its affiliate Ameriquest Mortgage in 2003, as well… The
Seattle Times of January 30 quoted “David Huey, the [Washington State]
assistant attorney general who negotiated the Ameriquest agreement
[that] it's better to settle and make sure the company pays some damages
than to fight a long and expensive court battle and risk Ameriquest
paying nothing.” Mr. Huey said the same thing about leaving Decision One
out of the December 2002 Household/HSBC settlement, which ignored the
leverage provided by the then-pending HSBC-Household acquisition, just
at the AGs here have pretended that Roland Arnall’s tied-up nomination
to be ambassador to the Netherlands didn’t provide leverage. Why did
they agree to a “release” clause that they admit won’t be understood.
Again, from the Seattle Times: Huey called the release ‘a disaster in
terms of understanding. I was the guy that was pushing for plain English
and understandable terms,’ he said. ‘I certainly wasn't personally
pleased with the wording of the release.’” Then why sign off on it?
And last week Inner
City Press got yet another form letter from the Washington State
Attorney General’s Office: “Thank you for your continued patience
regarding your public records request received on May 2, 2005… we
anticipate needing another 20 business days to complete your request.”
The request is for documents about Ameriquest and Argent, and they’ve
been sending the same form letter since June…
Update of January 30,
2006, 8 p.m. -- One week after announcing a $325 million
predatory lending settlement by three of its subsidiaries, ACC Capital
Holdings on January 30 has reportedly laid off 16% of the workforce of
its non-covered subsidiary, Argent Mortgage. So, analysts wonder, will
Ameriquest’s settlement be paid by eliminating what few levels of
oversight exist in Argent Mortgage’s subprime lending process? The
layoff reports have reached Inner City Press from impacted employees,
one of whom writes:
Subject: Argent Layoffs
Sent: Mon, 30 Jan 2006
16:39:48 -0800 (EST)
From: [Name withheld]
To: Ameriquest-Watch [at]
innercitypress.org
Argent has laid off 16%
of their workforce, approximately 1250-1500 [Editor's note: see
below for 2/1/06 update] in job cuts that took place
this past Friday and Today. The positions include mostly production
jobs, but cuts were also made within their corporate staff. No sales
positions were eliminated. One of the biggest changes to come from this
consolidation has been the elimination of set-up and doc draw employees.
Underwriters will perform the set-up function, and funders will assume
the duties of the doc-drawers. Customer service levels and turn time may
be affected by these changes.
Layoffs by Location:
200 Doc-drawers and
set-up workers in White Plains, NY
~100 Doc-drawers and
set-up workers in Schaumburg, IL
Also
Subject: Argent Update
1/30/06
Sent: Tue, 31 Jan 2006
00:26:48 +0000
From: [Name withheld]
To: Ameriquest-Watch [at]
iinnercitypress.org
I thought you would be
interested to know that Argent Mortgage laid off approximately 16% of
its workforce today. Luckily, I still have a job, but I would like to
see what you write about it. I find your site very informative.
Beyond the kind words, one of the questions
raises by the specific job-functions that have reportedly been targeted
for the layoffs is whether, just after three subsidiaries have settled
predatory lending charges, the non-covered subsidiary should be
eliminating what oversight it has of its lending process. What will the
attorneys general (or the U.S. Senators considering the nomination of
ACC founder Roland Arnall to become U.S. ambassador to the Netherlands)
or most importantly the consumers impacted by ACC and Argent have to say
about these strangely-timed layoffs? Only time will tell…
In other media, North Carolina’s attorney
general’s spokeswoman has tried to explain the loopholes in the
settlement by telling the
Charlotte Observer
that the
settlement was necessarily "limited to activities over which Ameriquest
had direct control." We note that by laying-off 15% of the employees at
Argent, ACC can claim to have even less control over Argent’s high-cost
subprime mortgages...
[Editor's Update
1: late on the afternoon of Jan. 31, ACC's spokesman confirmed by email
the Argent layoffs, reported 24 hours earlier by Inner City Press. He
wrote that "this consolidation increases our efficiency."]
[Editor's Update
2: on February 1, ACC emphasized to Inner City Press that while the
15% layoff figure is correct, the individual who first wrote in to us
with the employee number over 1,000 was wrong, that the number is 600.
Duly noted -- along with ACC's argument that that Argent does not, even
cannot, control the mortgages it makes, much less now with 600 fewer
employees.]
In other media:: In an
interim snapshot of the chaos, the Boston Globe last week quoted the
Massachusetts attorney general that ACC Capital Holdings “is a very bad
company engaged in despicable practices” – entirely true. But
since other attorneys general have an agenda to declare the company (or
parts of it) ready for business by consumers, the California AG’s
spokesman was quoted by the AB, “We believe that the reforms mandated by
this settlement should increase the comfort level of consumers who are
considering getting a loan from the company." But what about
Argent? Developing…
Update of Jan. 24 – Parts
of the largest subprime mortgage lending conglomerate in the United
States, ACC Capital Holdings Corporation, yesterday announced a $325
million predatory lending settlement with the attorneys general and
regulators in 49 states. While many states’ attorneys general heaped
praise on the settling company, there are reasons for consumers to be
unsettled, critics say.
Chief among these reasons is the exclusion of ACC’s largest subprime
unit, Argent Mortgage, from any of the reforms in the settlement,
despite the fact that Argent makes more of ACC’s high-cost loans than
its affiliates Ameriquest, Town & Country or Bedford/AMC. As in the
attorneys general’s larger 2002 settlement with HSBC’s Household
International unit, the distinction seems to be between retail loans and
those made through mortgage brokers. But with so many of the abuses in
the subprime lending industry being in the broker channel, settlements
which leave unaddressed these problems can hardly be said to reform and
improve the industry.
Even this limited settlement raises questions about the due diligence
performed by the investment banks which have helped package Ameriquest’s
loans and sell them as mortgage-backed securities, including the three
largest banks in the United States: Citigroup, JP Morgan Chase and Bank
of America. Each of these three banks has securitized Ameriquest loans,
while claiming to screen out predatory loans. With today’s settlements,
these banks previous defenses of their practices must be inquired into,
critics say.
But who will do the inquiring? Today’s business press largely missed or
ignored the loopholes in the settlement. ACC Capital Holdings or
“Ameriquest” was widely described as the largest subprime lender in the
United States, without mentioning that what makes it the largest is
Argent Mortgage, which is not covered by the terms of the settlement.
The Los Angeles Times reported that “advocacy and community groups…
praised the conditions imposed on Ameriquest” – without mentioning
Argent.
The LA Times also predicts smooth sailing for the nomination of ACC’s
founder Roland Arnall to become U.S. ambassador to the Netherlands:
"Sen. Sarbanes has indicated that if
Mr. Arnall would settle this matter with the attorneys general, he would
not object to or seek to block moving forward on this nomination," Jesse
Jacobs, a spokesman for Sarbanes, said… "Because a settlement was
reached, Sen. Obama will not seek to block Mr. Arnall's nomination,"
said Tommy Vietor, a spokesman for Sen. Barack Obama. But not only does
the settlement not cover or reform ACC’s largest subprime unit, Argent –
the settlement is also not final, until it is reviewed by a court.
Ironically, some of the same members of Congress who are questioning the
bypassing of courts and over-concentration of power in the executive
branch are in this case conveniently ignoring judicial oversight of this
tentative settlement. As noted, Arnall is a billionaire who makes both
federal and state political campaign contributions, funded at least in
part by ACC’s high-cost loans. So what
does $325 million buy? Beyond a coveted ambassadorship, carte blanche to
keep gouging consumers, at least through Argent Mortgage.
Update of January 23-24,
2006: Earlier today,
the largest subprime mortgage lending conglomerate in the United States,
ACC Capital Holdings Corporation, announced a $325 million predatory
lending settlement with the attorneys general of more than 40 states.
Almost immediately, questions were raised as to why the settlement does
not cover ACC’s subsidiary which made the most high-cost loans in 2004,
Argent Mortgage.
The
settlement comes at a convenient time for ACC and its founder, Roland
Arnall. In two weeks, the company plans a major multi-million dollar
advertising campaign connected to the National Football League’s Super
Bowl XV in Detroit. Arnall has been nominated to become the United
States ambassador to the Netherlands. He has seen his confirmation
stalled for months due to the pending settlement. But given the
perceived loopholes in the settlement, critics question whether Arnall’s
nomination should be forward in the U.S. Senate.
In 2004, the
most recent year for which Home Mortgage Disclosure Act data is
available, ACC’s Ameriquest Mortgage made 185,833 loans, while its
Argent Mortgage unit made 215,403 loans, more than half of them over the
federal regulators’ high cost definition, of three percent over
comparable Treasury securities on a first lien, and over five percent on
a subordinate lien.
Studies of the
data have shown that ACC and Argent direct a much higher percent of
their high cost loans to African Americans and Latinos than is true of
other, prime-priced lenders.
Inner City
Press in mid-2005 submitted Freedom of Information Act requests to many
states’ attorneys general, for copies of consumer complaints against ACC
and Argent. ACC’s legal department opposed the release of any
information, resulting in ongoing litigation, including in Texas.
ACC and its
predecessors have previously purported to reform their practices, as far
back as 1996 with the Department of Justice and Office of Thrift
Supervision (when the company was named Long Beach Mortgage), in 2000
with the Federal Trade Commission, and since. Among those questioning
the settlement are class action lawyers, by means of a press release.
Consumer protection advocates, however, emphasize the need for binding
reforms at ACC including Argent, and not only monetary settlement for
past loans. This is a developing story.
Update of January 23,
2006, 8:30 a.m. EST: Both the
Los Angeles Times and
Washington Post have reported that now comes the Ameriquest
settlement, the LA Times
reporting that it covers Ameriquest Mortgage, Town & Country and the
ex-Bedford, AMC (ACC's smallest unit) – that is, that it does not cover
Argent, which is ACC’s largest subprime lending unit (see below).
While awaiting confirmation of that huge
loophole, the fact that ACC is a serial settler, having previously
committed to reform and then still abusing consumers, gives reason to be
dubious about the whether ACC (including but not only Argent) will not
simply continue to gouge and defraud consumers in the future.
Developing… For or with more information,
contact us.
From the 2004 Home Mortgage Disclosure Act data:
2004 loans by Ameriquest
= 185,833
2004 loans by Argent =
215,403
2004 loans by Town & Country Credit Corp. =
10,462
Update of January 17,
2006: Lobbying disclosure forms filed January 10 in Utah reveal
Ameriquest giving Rolling Stones concert tickets valued (with a dinner)
at $200 to nine legislators -- and Utah Attorney General Mark Shurtleff.
Since Ameriquest is on record as negotiating a predatory lending
settlement with the state attorneys general, might this not be a
conflict? Developing…
Update of January 9, 2006: As Ameriquest tries to
finalize a too-narrow settlement with state attorneys general, a sample
from this week’s mailbag:
Subject: Ameriquest refinancing
Sent: Thu, 05 Jan 2006 14:54:30 -0500
From: [Name withheld]
To: Ameriquest-Watch [at] innercitypress.org
I refinanced my home in 2004 approximately
October with Ameriquest Mortgage through their local office. At the
time my job hours had been cut in half and I needed to refi to
consolidate debts and needed cash out to hold me until my situation
changed.
My loan officer was Kathleen Lewis and she
approved me over the phone, within 10 minutes actually, did an on-line
appraisal on my property and said she could close in 10 days. I was
thrilled. The only thing about the loan that was not perfect was that I
was told I would be on a fixed interest loan for two years and then it
would become variable. Kathleen said in two years come back to them and
they would put me on a fixed 30 yr loan. In the meantime, I was to
clear an erroneous item on my credit report in the amount of $3500.
This was my mother's nursing home bill by Ensign. After a year of trying
to deal with them I decided to forgo that for the moment and get my home
refi-ed while the interest rates were even lower.
While looking for lenders I was told by one of
the loan officers when she heard my loan was with Ameriquest that they
had class action lawsuits going on. I checked to see the reason for the
suits and found that everything that happened to these other Ameriquest
customers happened to me.
I was told two year fixed changing to variable for the balance of the
mortgage, that when I came back to them in two years they would refi AT
NO ADDITIONAL CHARGE FOR CLOSING COSTS and get me on a 30 yr fixed. I
was told my existing loan would be at 5.6% and when I went to sign
papers it was 5.9%. I was told there was no pre-payoff penalty and
there was to the tune of $4120. I found out later that the loan was for
3 yr fixed not two years, my closing costs were astronomical, around
$11,000 or more. For instance the notary charge was $250.00.
To top it off, I called them about redoing the
loan and they flat out said they don't do my type of loan anymore
(manufactured home on my property) and were very rude and at that time
they told me there was a penalty for early payoff. I couldn't believe
it. I do feel they lied and pushed me through the loan process…
Update of January 3,
2006: Inquiries into pending class actions against Ameriquest have
resulted in, for example, one pending in Minnesota concerning notary
fees, reportedly Twite v. Ameriquest Mortgage Company, case
number CV 05-2210 PAM/RLE.
Update of December 26, 2005: From this week’s
mailbag:
Subject: Ameriquest
Date: 12/23/2005 1:36:14 PM Eastern Standard Time
From: [Name withheld]
To: Ameriquest-Watch [at] innercitypress.org
I am a former employee of Ameriquest and I
can confirm all the things that were in your article. I have seen it
all. Loan officers are sometimes pushed so hard to meet a quota that
they will manipulate borrowers into doing loans that have no real
benefit to them…. Ameriquest states to be the sponsor of the American
Dream and it constantly preaches do the right thing. In the every day
life of an Ameriquest employee, the only dream is Ameriquest's and doing
the right thing isn't always being done. We were pushed to work 12 hour
days, never leave the office for lunch, and work on Saturdays. Month
ends were all about working until midnight just to get an approval for a
loan that would be back dated and closed the next day(just so it would
count for the current month). Now, that I am on the outside I finally
see on the bad things that were being done in our office. Title
companies removing multiple liens just to close loans. Appraisers
pushing the value on properties just to get a loan done.
Update of December 19, 2005: Compared to the number
of consumers it’s ripped off, Ameriquest’s repeatedly-reported proposed
settlement of $295 million is woefully inadequate. So to the proposed
reforms (which would leave in place Ameriquest’s misleading advertising,
that lures those seeking the American Dream into a morass-like
nightmare). So why would the attorneys general sign off on it? We’ll
see. From the mailbag:
Subject: Ameriquest
Date: 12/14/2005 11:52:57 PM Eastern Standard Time
From:[Name withheld]
To: Ameriquest-Watch [at] innercitypress.org
...Your website and its contents have been my link to sanity during an
18 month ordeal with Ameriquest. I have been dealing with their customer
resolution specialist... for 6 months after threatening to file a
lawsuit and cc same to press, they acknowledged they wrote a loan of no
benefit to me, offer a rewrite but refuse to refund me the excess
interest, foreclosure fee, closing costs of bad loan, etc (funny how it
is a TILA violation to refi a mortgage without a benefit to the borrower
but they ADMIT NO WRONGDOING and DENY LIABILITY). get this- they admit
they do not have my signature on final loan docs! I have some
interesting findings to share- my foreclosure was actually with Ameriquest
and Deutsche Bank.. I am appalled that a tentative settlement is being
reached with 33 states and want to know where the indictments are.
Our thoughts
exactly. We'd like to hear more from this correspondent.
Update of December 12, 2005: Ameriquest’s Arnall’s
defenders now include New Mexico governor (and presidential hopeful)
Bill Richardson… And from the mailbag:
Subject: ameriquest info
Date: 12/8/2005 2:15:12
PM Eastern Standard Time
From: [Name withheld] To:
Ameriquest-Watch [at] innercitypress.org
I am currently wanting to
put in an offer for a house that is listed with Ameriquest mortgage
securities inc as the owner. It was owned by an individual woman for
about 20 years and then last fall, Ameriquest is shown as the owner
right after another buyer was listed and at the same time, her three
years back taxes were paid. My guess would be that they either
foreclosed on her or her house was sold to an individual at a real
estate tax sale for being delinquent. All that aside, I am very
interested in the house, but it is of course listed as is with
Ameriquest and I am concerned based on their reputation about doing any
business with them.
Update of December 5,
2005: Another jury has found Ameriquest to be predatory, this time in
Oklahoma. From the Tulsa World of December 1:
“Melba ‘Mark’ Gillean
shouldn't have responded to a letter she received in the mail five years
ago, she said Wednesday. She didn't know it then, but her response to
the advertisement for loan rates from Ameriquest Mortgage Co. would lead
to foreclosure attempts against her and bad credit reports that weren't
warranted. Gillean's vindication came this month, when a Tulsa County
jury awarded her nearly $5 million in damages…The jury's decision
included a verdict of $3 million in punitive damages against Ameriquest.”
What’s the response, from
Ameriquest’s defenders? We’ll see.
Update of November 28, 2005:
The Baltimore Sun last week
editorialized in favor of blocking Arnall’s nomination to become
U.S. ambassador to the Netherlands. In Los Angeles, the new mayor
has had to return illegal contributions from Ameriquest (alright, it was
a “gift basket”). The LA Times last week correctly noted that
As head of the Justice Department's civil
rights division, Deval L. Patrick brought a case against Roland E.
Arnall's mortgage lending company for allegedly piling extra charges
onto home loans for minorities, women and the elderly… But in a twist,
Patrick… recently wrote the Senate Foreign Relations Committee on
Arnall's behalf. ‘He really stepped forward,’ Patrick… said of Arnall's
willingness to address the charges raised against Long Beach Mortgage
Co., which evolved into Ameriquest. "He used the experience to make a
better company." That’s funny – after settling in 1996 and
supposedly “us[ing] the experience to make a better company,” Ameriquest
in 2005 is under investigation by thirty-some states for more predatory
lending…
Update of November 21, 2005: The
following arrived in Inner City Press email box on Thursday, November 17:
Subj: Ameriquest Layoffs?
Date: 11/17/2005 5:04:22 PM Eastern
Standard Time
From: [ ]
To: AmeriquestWatch [at] innercitypress.org
FYI
- I was just at the corporate headquarters for Ameriquest mortgage on Town & Country
Road in Orange, Ca. They have security guards
posted on all the floors, I ask and was told that they were having massive layoffs in this
building and several others throughout Orange County...
The next days L.A.
Times reported: The corporate parent of Orange-based Ameriquest Mortgage Co. said
Thursday that it would lay off 10% of its nationwide workforce -- about 1,500 employees --
as the long-running housing boom and demand for home loans cooled off. The mortgage
industry is entering a more challenging phase of rising interest rates, ACC Capital
Holdings Corp. said in a statement. In cyclical industries such as mortgage lending,
periodic workforce reductions are not uncommon... After benefiting for years from a
booming housing market, mortgage lenders face an industrywide slowdown as a rise in
interest rates has damped demand for refinancings and new loans. The Mortgage Bankers
Assn. on Wednesday said its market composite index, a measure of mortgage loan application
volume, slipped last week to 657.6. It is down 13.7% from a year ago.
Question
(not asked in the LA Times story) -- might not these layoffs have something to do
with Ameriquests predatory lending troubles?
Update of November 14, 2005: While
scandals swirls about the use of Ameriquests corporate jet, and Arnall tries to
sneak through Senate confirmation on party lines (with tricks), Ameriquests
ex-consultant(s) and current Board member(s) might want to consider this sample finding:
At Ameriquest Mortgage Company, for conventional first lien loans, a higher percentage of upper income African American borrowers were
saddled with high cost rate spread loans than was the case for moderate income whites. Still want to confirm, or
to fly that jet?
Update of November 7, 2005: Even in the face of Freedom of
Information Act requests by Inner City Press, and inquiries by the Federal Reserve, Bank
of America still blacks-out its answers to the Fed about the terms of its dealings with
Ameriquest Mortgage Corporation, which include whole loan trading... On the
(continuing) ICP data analysis front:
Ameriquest's 2004 loans in the Nashville
MSA: 1942
Ameriquest's loans at or over the rate spread: 1242
% of Ameriquest's loans at or over rate spread: 64%
Across the aisle: on November 1, Sen. Chuck
Hagel (R-Neb.) cited concerns about ongoing state investigations into Ameriquest. Hagel's
switch tied the Foreign Relations Committee vote, 9-9. But then Chairman Dick Lugar
(R-Ind.) threw out nine proxy votes from Senators not in attendance. Counting only the
votes of those committee members who were physically present at the hearing, the
nomination was approved, 8-2. Developing...
Update of October 31, 2005: A
vote confirming ambassadors last week did not, as it turned out, include Ameriquests
Roland Arnall. His written submissions to the Senate have stated, of the investigations by
thirty or more state attorneys general: "The precise timetable is difficult to
predict, but we anticipate a final resolution by the end of this year. We repeat:
the mere payment of a fine is not resolution. Theres a need for binding (and
monitored) injunctive relief...
Update of October 24, 2005: As
reported by the LA Times, at last weeks hearing on the nomination of Roland Arnall to be the United
States ambassador to the Netherlands, Arnall attributed the delays in concluding the
settlement to the difficulties of dealing with so many regulators and to the many details
involved. But he said the most important aspect had been resolved with
Ameriquest's decision to set aside $325 million.
We disagree -- the most important aspect would be binding injunctive relief, to
cease and desist from what have been Ameriquests practices (interestingly described here.)
Also, reported in last weeks Cleveland Scene: The FBI began investigating
predatory-lending cases involving Argent, according to Dennis Ginty of the Ohio Department
of Commerce. Will this put Arnall on ice?
Update of October 17, 2005: Asked
last week about the Georgia Department of Banking and Finance cease-and-desist order
against Ameriquests Argent unit, Adam Bass, the senior executive vice president of
ACC Capital (and the big boss in-law), tried a Household-like positive spin:
"This is a broad, industrywide issue, and we are happy to be at the forefront of
continuously working to eradicate the problem." Then, when asked whether Argent
would apply any of the practices listed in the Georgia order in other states where it does
business, he said, We will evaluate as we go forward. Thats being
happy to be at the forefront? Not even applying the anti-fraud practices
consented to in Georgia to other states?
Update of October 10, 2005: At a recent industry conference,
Ameriquests new vice president for regulatory affairs Rodrigo Alba bragged that the
Federal Reserve's findings that only 2% of the 8,853 HMDA reporting lenders need further
scrutiny will go a long way toward blunting criticism that the industry is biased towards
minorities. "I honestly believe that the language in the report will serve to
neutralize the heated rhetoric," Alba predicted. "It has already caused consumer
groups to back off," he said. Or is that,
sell out? This bragging is unseemly from a company under investigation in 30 states for
predatory lending.
Update of October 3, 2005: Yet another settlement, this time with the
Georgia Department of Banking and Finance, whose spokesman has said that Ameriquest's
broker unit Argent "was doing business with unlicensed individuals. Regarding
Ameriquest itself, consider this complaint, sent to Inner City Press by the Washington
State AG's Office: "I refinance my home with Ameriquest... We noticed that we were
charged $914 for title insurance." And then it turned out that Ameriquest did not pay
off old creditors as it had promised -- making the consumer even more "subprime"
than before...
Update of September 26, 2005: Weve looked closer at
Ameriquests 2004 lending record, this time in the Nashville MSA, considering which
loans are subject to a rate spread (3% higher than comparable Treasuries on a first lien,
and 5% on a subordinated lien) --
Whites: 1417 originations, 872 over the rate spread (61.54% of loans
over the rate spread)
African Americans: 329 originations, 253 (76.9%) over the rate spread
-- 1.25 times higher than for whites
American Indians / Native Alaskans: Nine origination, seven (77.78%)
over rate spread -- 1.26 times higher than for whites...
Update
of September 19, 2005: Now heres a scam:
Roland Arnall says he will resign as chairman of Ameriquest and cede his wife control of
his companies if by some new madness he is confirmed as ambassador to the Netherlands.
First of all, Ameriquests predatory record under Arnall should disqualify him from
representing the U.S.. Second, handing management to your wife is hardly a blind trust. In this case, maybe Arnall should give control to
his ex-wife... [ICP note: pardon the Page Six
tone of our Ameriquest Report this week.]
Update of September 12, 2005: From the Ameriquest files, another
complaint (naming names) -- I responded to a pop-up ad on the Internet. John Van Der
Graf then called and we discussed a cash-out refinance to reduce our debt. Mr. Van Der
Graf suggested a 9.25% adjustable rate mortgage. Our current mortgage was at 7.5% so we
hesitated to do this. The supervisor, Terrell Richard I believe, got on and we talked. He
assured me that if we refinanced the home with this loan, we could, in 12 months,
refinance back to the mid-5s if we were not late on any payments... We did
refinance, paying numerous fees (loan discount fee $3450.49; appraisal fee $350;
tax-related service fee $70, flood search fee $16, lenders processing fee $629,
Admin to Ameriquest Mortgage $239, application fee $360) and when we called back to
refinance [a year later], Ameriquest told me neither employee remained with their company
and they did not know of any program where we could do what their employee had said.
Leaving me stuck with a 9.35% ARM that is 4% points over the current market.
Thats how they do
it... For further information, click here
to contact us
Update of September 5, 2005: In Louisiana in 2004, 72.6% of
Ameriquest's mortgages were over the Federal high-cost rate spread (3% over Treasury
securities on a first lien, 5% on subordinate liens). In Alabama in 2004, 74.17% of
Ameriquest's mortgages were over the rate spread. And, highest of the high, in Mississippi
in 2004, 78% of Ameriquest's mortgages were over the rate spread. And now? Click here for ICPs Gulf Coast Watch.
Update of August 29, 2005: The predators profits, per the LA
Times: ACC Capital Holdings Corp., the holding company for Ameriquest Mortgage and
other operating companies, recorded a pretax profit of $1.38 billion last year on $4.13
billion in revenue, according to financial statements obtained by The Times.
Update of August 22, 2005: Last
week it was reported that Ameriquest plans to
offer $1.5 billion in asset-backed securities supported by high-cost home equity loans...
And then, through another vehicle called Park Place, it will issue yet more securities,
$1.13 billion worth, through Bank of
America and RBS Greenwich Capital,
among others. Meanwhile Ameriquest, while setting aside over $300 million to settle
predatory lending charges including in New York, has just signed a lease for 3,500
square feet at 444 Merrick Road in Lynbrook on Long Island. More predatory lending?
Update of August 15, 2005: After
months of Ameriquest-caused delay, Inner City Press / Fair Finance Watch has received a
four-page ruling from the Texas AGs Open Records Division, stating among other
things that
the OAG states that the Consumer
Protection and Public Health Division is currently investigating Ameriquest... for
potential violations of the Texas Deceptive Practices - Consumer Protection Act...
Generally, however, once information has been obtained by all parties to the litigation
through discovery or otherwise, not section 552.103(a) interest exists with respect to
that information. Thus, information that has either been obtained from or provided to the
opposing parties in the anticipated litigation is not excepted from disclosure under
section 552.103(a) and it must be disclosed.
Well see... From the N.Y.
Posts intrepid Fredric U. Dicker: Gov. Pataki has taken a $25,000 contribution
from a powerful California company hoping to end a New York investigation of its alleged
predatory lending practices. [New Yorks] and other attorneys general...
had initially pushed for a $500 million penalty against the company. While not directly
involved in the talks, the Pataki-controlled Banking Department weighed in on
Ameriquests side by supporting a lower settlement figure, said a source close to the
case.
Update of August 8, 2005: in the L.A. Times of August 7 we're told
that "in 1997, Arnall sold the part of Long Beach Savings that worked through outside
brokers. He kept the part that made loans directly to consumers and renamed it Ameriquest.
Now, Ameriquest Capital and its subsidiaries employ more than 15,000 people at about 300
U.S. offices, generating $82.7 billion in loans last year... Arnall has kept the company
private, employing family members in key posts. Brother Claude E. Arnall, 60, formerly
headed a unit. His second wife, the former Dawn Mansfield, 47, whose background is in
commercial real-estate management, has been Ameriquest's co-chair since about the time of
their marriage in 2000. Nephew Adam J. Bass, 39, is the company's vice chairman."
Note that Long Beach's wholesale operation was told to Washington Mutual (where WaMu now claims that it must be
analyzed separately, not combined with WaMu's other units). And that Adam Bass is
Arnall's nephew? Who knew... The LA Times continues: "If the Senate confirms Arnall
as ambassador to the Netherlands, he would be required to resign as chairman of
Ameriquest, though he would remain the principal owner." A predator as diplomat?
We'll see...
Update of August 1, 2005: While
Ameriquest seeks to settle on the cheap with state attorneys general, Inner City Press
received last week additional complaints against Ameriquest, including by consumers who
had purportedly been made whole by Ameriquest. The
consumer wrote to Ameriquests Lori A. Maimone on Town & Country Road:
Please note that I am totally dissatisfied with the settlement...I really had no
choice but to accept your offer as my attorney wanted most of the loan proceeds as
retainer to pursue this... We will be looking to refinance as soon as possible again as we
do not want to do business with Ameriquest for any length of time. Had I known this would
turn into such a mess, I would have pursued any of several other offers I had
received.
Ameriquest responds with respect to this purported dissatisfaction with the
settlement, Ameriquest has no comment. Proud
sponsor of the American Dream -- oh we forgot, that's copyrighted...
Update of July 28-29, 2005: On the afternoon of July 28, Ameriquest
disclosed that it is setting aside $325 million, saying this is is based on
extensive discussions with the states and represents the company's best estimate of its
maximum financial liability for a comprehensive resolution of this matter."
The immediate question was: why did Ameriquest jump the gun and announce a
settlement before the AGs did? A cynic
inferred that Ameriquest was still negotiating, making this figure public to put pressure
on (some) AGs to accept it. But from Des
Moines, the Iowa Attorney General issued this statement: "We understand that
Ameriquest has announced that related to our discussions it has recorded a provision of
$325 million in its financial statements. The states do not disagree with Ameriquest's
actions in this regard."
Ameriquest claims it was required to make the disclosure, even though it is not a
publicly-traded company, in connection with a bond prospectus. Perhaps. Another cynic
noted that on the same afternoon, the White House formally nominated Ameriquests owner to become U.S. ambassador to
The Netherlands. Low lands indeed... Meanwhile,
also on this same afternoon, the Texas Attorney Generals Offices letter
extending its time to rule on the Freedom of Information / Public Information Act request
for the 41 boxes of documents about Ameriquest being withheld by that office was received
by the requested, Inner City Press. (No cynics here -- just stoics).
The more substantive question is how meaningful the reforms / consent decree might
be, and how they would be enforced. Also,
its worth nothing that while this figure is below the $484 million paid by Household
International, Ameriquests volume of subprime mortgage loans is higher (highest, in
2004). There are doubts and questions about
this settlement, that will be answered and/or addressed (even, attacked) once despite this
lurching process it become public. Developing...
Update of July 25, 2005: From among the complaints against Ameriquest
that Inner City Press has received, this statement by Ameriquest itself: Ameriquest
is affiliated with the originating lender, Town and Country Credit Corporation. Ameriquest
also serviced the loan from origination to August 23, 2002, when the loan was sold,
servicing request, to Washington Mutual. Accordingly, Ameriquest filed the response
regarding the origination issued on behalf of our affiliate and the investor. So Washington Mutual buy (invests in)
Ameriquest loans... The above is in connection with a loan where the borrower says that
TCCC/Ameriquest over-recorded the borrowers income, a pervasive complaint against
Ameriquest. Developing...
Update of July 18, 2005: Ameriquest
last week settled for $8 million the Connecticut Banking Department charges that it
violated its previous anti-flipping commitment.
This does not resolve the ongoing state attorneys general investigation. On
that, Inner City Press last week received a copy of Ameriquests second brief against
the release of documents that ICP has requested from the Texas AGs Office. The Ameriquest brief is crudely smeared with magic
marker. Ameriquest makes a claim for exemption in conjunction with constitutional
and common law rights of privacy. A sentence begins, Additionally, it
includes -- followed by magic marker. This brief is by Ameriquest Senior
Counsel Diane E. Tiberend, who
appeared with Tom Noto and John P. Grazer in a Louisiana incorporation filing in 2002, for
Ameriquest Newco, Inc., and in this
letter in which the Connecticut Department of Banking stated that it was unable
to find that the financial responsibility, character, reputation, integrity and general
fitness of [Ameriquest] and of its officers, directors and principal employees are such as
to warrant belief that the Applicant's business will be operated soundly and efficiently,
in the public interest. Not in the public interest -- thats Ameriquest...
At deadline, ICP
received yet another letter from Ameriquest, this one adding that evidence of
conduct or statements made in compromise negotiations is likewise not admissible.
But this is not about the admissibility in court of evidence -- it is about whether the
records came be withheld under Texass Public Information Act. We say no...
Update of July 11, 2005: From the Texas AGs office comes
another letter -- without the referenced attachments -- dated June 29, 2005:
On May 16, 2005, the OAG
[Office of the Attorney General] filed a request for a ruling with the Open Records
Division. On May 19, 2005, the OAG submitted supporting material, along with a copy of
many of the documents at issue. Additional documents were submitted for your review on
June 8, 2005. Since that date, the OAG has located additional documents to which
Ameriquest may file objections to disclosure. Those documents are submitted for your
review as Exhibit H.
This exhibit, of course, has not been provided to Inner City Press, since
Ameriquest may file objections to disclosure.
Update of July 5, 2005: Judge Carol L. Middlesteadt of San Mateo
County Superior Court granted approval to Ameriquests predatory lending settlement
in four states, brushing aside such concerns as whether Spanish-speaking victims received
any meaningful notice. Some say that the political sway of the plaintiff-side attorneys,
wholl be getting $10 million, played a role in this substantive language / civil
rights issue being given short shrift. In Re another foreign language, the L.A. Times of
June 25 got a quote from the company on Dutch reports that Roland Arnall is angling to be
named U.S. ambassador to The Netherlands: "Mr. Arnall would be willing and honored to
serve his country in any way he might be asked," said Charles Sipkins, a spokesman
for the company. "But, such decisions are up to the president of the United
States." One wag quipped: maybe its
the Supreme Court, that needs a predatory lender...
While under investigation in at least 25 states for predatory lending, Ameriquest
is paying $4 million to sponsor the tour of aging rockers the Rolling Stones beginning in
August. The cost was specified by the CEO of Marketing & Communications International,
who said: "It has advertising, event
marketing, and you'll see different PR, promotion and direct mail components. This has a
lot of touchpoints with the consumer, and each one of these cross-pollinates very
well." Direct mail from a predatory lender?
We are compelled to note a quote in the American Banker newspapers June 30
article on Ameriquest. The context: To
counter the allegations, the company's normally reticent executives - many of whom had
never spoken to the press - agreed to give American Banker a glimpse of its
procedures. The quote: Tom Noto,
Ameriquest's general counsel, said it prefers to settle cases where it identifies loan
problems it has committed, and sometimes it is the first to identify the problems.
We prefer informal resolutions, he said. Basically, if you see a
problem, what's the point of going to the mat in court? You try to reach a reasonable
resolution. His company's approach is to look at the merits of the case and,
if things didn't go according to our procedure, step up to the plate and address it,
Mr. Noto said.
This is the same Tom Noto who filed a heavily redacted 20-page brief demanding that
41 boxes of Ameriquest-related documents be withheld from ICP by the Texas Attorney
Generals office, including because the material is copyrighted...
Update of June 27, 2005: While awaiting the documents that Ameriquest
is trying to withhold, we perused last week Ameriquests proposed settlement of
predatory lending claims in four states (California, Texas, Alabama and Alaska). The
proposed settlement, available on this website www.pierceallsettlement.com, listed
Ameriquests Adam J. Bass as now being with the companys outside counsel,
Buchalter, Nemer, Fields & Younger. Amazingly,
the proposed settlement would force some of those injured to further arbitrate their
claims. And whatever part of the $15 million is not claimed will be given to groups chosen
by Ameriquest. Our question for now is whether
Ameriquest would get a tax write-off...
It is reported that one of the objectors has raised the issue of ineffective (or
nonexistent) notice to Spanish-speakers. Here
are the number of Ameriquest loans in each of the four states in 2004 that were reported
as to Hispanics --
California: 28,563 loans to Hispanics by Ameriquest
in 2004 (11,206 of the loans, or 39.23%, at or over the rate spread of 3% higher
than comparable Treasuries on a first lien, and 5% on a subordinated lien)
Texas: 5059 loans to Hispanics by Ameriquest in
2004 -- 3889 of the loans, or 76.87%, at or over the rate spread
Alabama: 120 loans to Hispanics by Ameriquest in
2004 -- 92 of the loans, or 76.67%, at or over the rate spread
Alaska: 45 loans to Hispanics by Ameriquest in 2004
-- 24 of the loans, or 53.33%, at or over the rate spread.
And also perhaps (should be) relevant to objection about language / notice,
in Alaska in 2004 Ameriquest made 43 loans to Alaskan Natives, 33 of 76.74% at or over the
rate spread...
But now its
reported that this objection might be withdrawn, or settled. Without effective notice?
The LA Times of June 24 reported that
Ameriquest contended that there was no statistical evidence of bait and switch,
saying most of its borrowers actually wound up with better loans than initially promised
in its written disclosures... The settlement pertains to nearly 10-year-old issues,
and Ameriquest instituted many years ago lending ... practices and computer systems to
better protect customers, the company said in a statement. The settlement
cannot be used to show or even imply that Ameriquest violated any law or regulation.
Ameriquest's lending practices far exceed federal, state and local regulation. Then why is Ameriquest under investigation by at
least 25 states attorneys general? And
what is in the 41 boxes of documents Ameriquest is fighting to get the Texas AG to
withhold from ICP? Developing...
Update of June 20, 2005: Last
week Inner City Press received from Ameriquest a heavily redacted copy of
Ameriquests twenty page filing to the Texas Attorney Generals office, urging
that all documents responsive to ICPs freedom of information request should be
withheld. Ameriquest argues that documents should be withheld because they are
copyrighted. Great argument...
Update of June 13, 2005: On June 8, Ameriquest said its CEO (and
president of Argent) is leaving to pursue unspecified opportunities. Now Aseem
Mital, president of Ameriquest Capital Corp., is to replace him. Nobody at Ameriquest was
available for interviews Wednesday, a company spokesman told the Los Angeles Times. All we can say is, Get it together.
Update of June 6, 2005: Ameriquests tricks include intimidating
borrowers who complain by adding to their monthly bill a huge amount of attorneys fees
theyll owe, its implied, if they dont stop complaining.
Ameriquests role in deed theft / foreclosure rescue scams is also coming into focus.
A stray interim finding in Ameriquests 2004 HMDA data: Ameriquest doesnt lend
in Virginia or West Virginia, and made only two loans in the District of Columbia. Thus it
tries to stay off the radar of the regulators. But
not for long...
Update of May 31, 2005: Inner
City Press / Fair Finance Watchs inquiry into Ameriquest continues. In Texas, where
access to 41 boxes of documents from and/or about Ameriquest is being blocked, notice has
been given to Ameriquests general counsel and the companys outside counsel at
Kirkpatrick & Lockhart and another firm. Sample complaints have been received from
Kentucky: copies of letters to the complaining consumers, stating for example that
regrettably we have referred this matter to our foreclosure department for further
handling. That recent advertisements, including on Indy 500 car(s), have been for
Argent Mortgage is interesting. Preparing for a spin-off? Developing...
May 23, 2005
Ameriquest Watch Launched by Inner City Press / Fair
Finance Watch
Ameriquest Capital Corporation, a subprime mortgage lender which admits in a recent
SEC filing to being under investigation for predatory lending in at least twenty-five
states, tries to present itself to the public as the Sponsor of the American
Dream. If so, it is a bad dream. ICP has received numerous complaint from consumers
about Ameriquest; as Inner City Press / Fair Finance Watch has sought to assess
Ameriquests record, the company has sought to stymie the inquire at every turn. On
May 17, ICP was informed by the office of the Texas Attorney General that while that
Office has forty-one boxes of documents from or about Ameriquest, the information will not
for now be released in response to ICPs May 2 Freedom of Information request,
because Ameriquest wants to block release of any of the information.
What would the supposed sponsor of the American Dream have to be so defensive
about? That is a question that ICP will
endeavor to answer in this, its new Ameriquest Watch. Because Ameriquest is not affiliated
with a bank, in the course of ICPs Community Reinvestment Act enforcement work
weve put off focusing closely on Ameriquest. Weve expressed concern (for
example to the Federal Reserve Board in 2000, see
86 Fed. Res. Bull. 751, n.23, and see, e.g.,
Los Angeles Times of March 15, 2005); we requested from Ameriquest its 2004 mortgage
lending data. When the data wasnt provided on time, we noted Ameriquests
lapses, along with that of a number of institutions. The next day, one of
Ameriquests apparently many public relations flacks left ICP a vitriolic voice mail
message, demanding the retracting of ICPs false and misleading
statements. But there was nothing misleading, much less false, about noting that more than
a month had gone by since ICPs request to Ameriquests headquarters without the
provision of the data. More recently, another flack has called ICP, to discuss a
forthcoming article. Again: what would the supposed sponsor of the American Dream have to
be so defensive about?
Some surmise that the defensiveness, the reflexive attacking of critics and its
inverse, are explained by Ameriquests reported plan to go public, in whole or in
part. Some predict the spin-off, via initial public offering, of Ameriquests
wholesale mortgage unit, Argent. In this scenario, Ameriquest wants a quick multi-state
settlement, not unlike Household Internationals settlement in late 2002, in order to
put the scandals behind it and focus on future profits. Reportedly, Ameriquest wants to
pay less than Households fine of $486 million, despite the fact that Ameriquest in
2004 made many more subprime loans that Household in 2001, or 2002, or 2004. ICP has
reviewed Ameriquests 2004 data, nationwide and in selected states, in connection
with ICPs petition to state attorneys general to take enforcement action against
Ameriquest. The results are not pretty:
Ameriquest
-- Whites: 1,267,121 applications, leading to 281,808 denials (22.24% denied) and 338,800 originations; 179,665 [or 53.03 percent] exceeded rate
spread.
African Americans: 246,568 applications, leading to 64,566 denials (26.19% denied,
1.18 times higher than whites) and 67,586 originations;
43,847 [or 64.88 percent] were at rate spread [1.22 times higher / more likely to be over
rate spread than whites].
Latinos: 237,824 applications, leading to 43,971 denials (18.43% denied, 0.83 times
higher than whites) and 83,405 originations;
43,625 [or 52,31 percent] at rate spread [0.99 times higher / more likely to be over rate
spread than whites].
That Ameriquest, the increasingly discredited subprime lender admittedly
under investigation by twenty five states, in 2004 made the most loans to African
Africans, both over the high cost rate spread and overall, is a reflection of a two-tier
financial system, one which is separate and unequal, including as to interest rate. We
have now asked for more than forty five states to take action on Ameriquest.
Also not pretty is Ameriquests marketing. For example, last month in San
Francisco a federal judge granted a petition filed by the Federal Trade Commission and the
California attorney general, which sought a temporary restraining order and asset freeze
against Optin Global Inc., its related companies and owners. According to the FTC, the
companys spam messages directed consumers to Web sites run by the defendants, with
consumer data eventually being sold through intermediaries to mortgage lenders and brokers
such as Ameriquest Mortgage Co.. So thats how
Ameriquest buys consumers information...
Of course, you woul |