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Worth Noting

January 9, 2012
Wells Fargo last week agreed to a $940,056 settlement with Maryland’s attorney general over allegedly deceptive marketing of adjustable rate mortgages originated by Wachovia and Golden West Financial, both of which Wells acquired in 2008.According to the agreement, Wachovia and Golden West offered borrowers a choice among several programs. Borrowers could choose a traditional, 30-year fixed rate, fully amortizing loan; a traditional, 15-year fixed rate, fully amortizing loan; a loan with payments of interest only; or a loan with payments that were less than the interest actually due. According to the Maryland Consumer Protection Division, Wachovia and Golden West did not fully explain to “Pick-a-Payment” borrowers who chose the fourth option that their minimum payments would not cover the full interest and that their principal debt would actually increase over time.Wells has agreed to consider loan modifications for Maryland homeowners who have “Pick-a-Payment” contracts via the Home Affordable Modification Program. If the homeowner is not eligible for a HAMP loan mod, then Wells will tap its own proprietary loan mod program. The Consumer Protection Division will contact consumers who may be eligible for restitution under the settlement.
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