September 09, 2009

Simple Loans For CEOs

We recently refinanced our mortgage, saving a bundle, but not without costs or risk. The risk of signing our compliance over to a lender likely to sell our mortgage to another lender of their choice, (not taking responsibility for us as a risk a la the mess we are in now), the risk of signing a contract heavily weighed against us (and I do admit---it is our loan to pay) and the risk of agreeing that the 30 pages we signed were written in "plain language"----while being ridiculously far from it. Due to all the words, we paid a heavy legal fee for what amounts to a simple transaction.

I want contract reform. And I cite the article by Siegel&Gale posted below.....

Sep 8th, 2009 posted by Irene Etzkorn
$25 billion? Use Short Form; $100,000? Use Long Form

Little did I expect to find a nugget of simplification in an article about Henry Paulson and the distribution of TARP money, but that is exactly what I found in the October 2009 issue of Vanity Fair. It seems that while homeowners were asked to read and sign dozens of pages of legalese to get measly home mortgages, the CEOs of the nation’s major banks signed a lightly populated two-page commitment to borrow billions. Consisting of four clear, concise bullet points, the “Application for TARP Capital Purchase Program” demonstrates that the need to get something done is best achieved through brevity and clarity. There was no time for the banks to take the application away for legal review and wordsmithing—four clear, one-sentence bullet points stated the commitment each bank was making.

If billions can be borrowed on a short form, can simplified applications for car loans, mortgages, and student loans be far behind? Will the CEOs of these banks consider the time, money, and effort they would save if they adopted this approach in their day-to-day transactions? Why, that would be an economic stimulus in its own right.

Posted by Christa at September 9, 2009 11:32 AM
Comments

1. "Risk of assignment"- Why are you concerned about your mortgage debt being sold to another company? Do you worry when one of your checks is endorsed to a third party?

2. "Risk of contract terms"- Why are you surprised that the contract terms favored the bank? What bargaining power did you have? You're the one that wanted the money.

3. "Risk of English"- Aside from English being your native language, what was the point of hiring a lawyer if not to explain something you did not understand?

The article at Siegel + Gale is silly. What do you expect from advertising people? The "commitment" contained in "four clear, one-sentence bullet points" was not a legally enforceable contract. Your mortgage is.

Posted by: John Foster at September 9, 2009 03:19 PM

There is also the matter of enormous financial entities dealing with the highest levels of government with most serious and pressing matters vs little old youse. They are different than us, get an eagle.


Posted by: Wintermute at September 9, 2009 10:04 PM

They didn't borrow the money they simply took it , if money is to
be had from the Taxpayer , wherever in the world one may
reside , there is some one out to get it , by any means necessary ,
never believe the policeman is your friend !!!

Posted by: David Sherefkin at September 9, 2009 11:11 PM

Kill them all.....

Posted by: John Stinkfoot at September 10, 2009 05:24 AM

They don't care what you want, whether it be refrorm or whatever. Just consume the crap they put in front of you like a good consumer. Keep you nose to the grindstone, do not look up from your tasks.

Posted by: John Weedgrower at September 10, 2009 12:50 PM

Tasks or tusks?

Posted by: Wintermute at September 10, 2009 07:24 PM