In regards to the previous brief discussion about mortgages, fraud, personal responsibility, here is a
post from Calculated Risk. For those unfamiliar, this site was all over the mortgage crisis, in depth and in detail as it was occurring, through commentary by a very knowledgeable insider.
Anyways, money quote from the article:
Quote:
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The court ruled that even though someone with industry knowledge could figure out the details, the teaser rate wasn't properly disclosed: The root of the alleged deficiencies in defendant‘s disclosures is defendant‘s use of a significantly discounted teaser rate rather than an initial rate set near the rate that would result from the application of the variable rate formula in the Note (an index plus 3.5/3.25 percent). The teaser rate creates an artificially low (compared to the actual cost of credit) initial payment schedule and guarantees that the actual applicable interest rate (after the first month of the loan) will exceed the interest rate used to calculate the payment schedule for the initial years of the loan. If the initial interest rate were set using the Note‘s variable rate formula, it would actually be possible that interest rates would adjust downward (or stay the same) after the first payment and no negative amortization would occur. In other words, the disclosures‘ conditional language is accurate absent a significantly discounted rate. An Option ARM loan without a teaser rate would result in a higher initial interest rate, higher initial minimum payments pursuant to the payment schedule, and a much narrower gap (even if interest rates increased) between the borrower‘s payment ―options. Of course, without a teaser rate, the surface attractiveness of Option ARMs would have been greatly diminished precisely because the stated (initial) interest rate and (initial) payment would be higher. (emphasis added).
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