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#1755807 - 11/07/12 01:51 PM
Regulatory comment of the day!
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The Swamp
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Perusing the HOEPA comments this morning, I noticed one that comments were not being accepted on...I read the first piece of it, and my curiousity piqued. This, coming from a teacher, is pretty darn PRICELESS!
As a public education teacher, your document needs to be shorter in order to get people to actually read it. You cannot make it understandable by EVERYONE who is buying a house--the education levels of the populace are too varied--so aim for the lowest possible level (maybe high school graduate) and compose your document accordingly. Realizing that it is a legal document, I would recommend all references to the Frank-Dodd Act be removed (it's immaterial; home buyers don't care about the name of the act; make them footnotes) and SIMPLIFY the wording (check out the Lemony Snicket books--I'm not kidding). Follow a legal statement with a sentence that clarifies it in layman's terms: "In other words. . . ." I have been dealing with a state office and there's nothing more frustrating than wading through page after page of legalese when you want a simple, straight-forward answer. You're writing this to HELP the person-on-the-street, not prove you can write something for law school--or political science--graduates. Remember the old phrase KISS (Keep It Simple, Stupid). Good luck! Ask some high school teachers or middle school teachers to help you edit the final document.
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My opinion only. Not legal advice. Say you'll haunt me - Stone Sour
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#1755810 - 11/07/12 01:52 PM
Re: Regulatory comment of the day!
RR Joker
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Joined: Jul 2004
Posts: 19,027
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::like::
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With the lights out, it's less dangerous.
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#1755822 - 11/07/12 02:10 PM
Re: Regulatory comment of the day!
RR Joker
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Joined: Dec 2002
Posts: 40,766
Turnpike Exit 10
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That is awesome and I agree wholeheartedly!
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Get your facts first, then you can distort them as you please. - Mark Twain
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#1755841 - 11/07/12 02:29 PM
Re: Regulatory comment of the day!
RR Joker
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Junior Member
Joined: Aug 2004
Posts: 38
The Sovereign State Of Oklahom...
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You bought house that you don't have the money to buy. We let you borrow it. You have to pay us back. The end
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Run like the wind, but never forget gravity.
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#1755842 - 11/07/12 02:30 PM
Re: Regulatory comment of the day!
RR Joker
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Power Poster
Joined: May 2002
Posts: 6,260
NW IL
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#1755906 - 11/07/12 03:40 PM
Re: Regulatory comment of the day!
RR Joker
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Power Poster
Joined: May 2003
Posts: 3,760
Running and riding everywhere ...
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LOVE IT!!!
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I don't need any more negativity in my life...be positive and helpful people or I will kick you in the shins!!!
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#1755926 - 11/07/12 03:55 PM
Re: Regulatory comment of the day!
RR Joker
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Diamond Poster
Joined: Jul 2007
Posts: 2,120
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#1755934 - 11/07/12 04:01 PM
Re: Regulatory comment of the day!
RR Joker
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Power Poster
Joined: Aug 2002
Posts: 3,275
Quadrupletville, Texas
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Good for the teacher, and I agree.................but, the bureaucrats will never go for it.
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"I don''t make jokes. I just watch the government and report the facts." - - Will Rogers (still relevant today)
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#1755935 - 11/07/12 04:02 PM
Re: Regulatory comment of the day!
RR Joker
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Gold Star
Joined: Mar 2011
Posts: 294
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Of course they won't go with it. If the consumer is given disclosures in plain language that anyone with a high school education can understand, examiners and DOJ lawyers won't have any grounds to go after banks for providing complex products that customers can not reasonably understand and be able to avoid harm.... :sarcasm:
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#1755943 - 11/07/12 04:06 PM
Re: Regulatory comment of the day!
RR Joker
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10K Club
Joined: Nov 2002
Posts: 20,656
The Swamp
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Ommm...I think the commenter was commenting on the way proposals are written, rather than the end results...
but you are correct...they still manage to complicate the docs unnecessarily (IMO, of course).
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My opinion only. Not legal advice. Say you'll haunt me - Stone Sour
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#1755962 - 11/07/12 04:19 PM
Re: Regulatory comment of the day!
RR Joker
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10K Club
Joined: Nov 2002
Posts: 20,656
The Swamp
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::pulls up Merriam-Webster::
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My opinion only. Not legal advice. Say you'll haunt me - Stone Sour
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#1756328 - 11/08/12 01:54 PM
Re: Regulatory comment of the day!
RR Joker
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10K Club
Joined: Sep 2002
Posts: 13,965
TN
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Looking forward to the show tonight! And I picked up the 'Knock Knock Knock Penny (repeat twice)' shirt for my son for Christmas.
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#1756330 - 11/08/12 01:55 PM
Re: Regulatory comment of the day!
RR Joker
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10K Club
Joined: Nov 2002
Posts: 20,656
The Swamp
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Tooooo funny. I bet there is a ringtone for that too!
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My opinion only. Not legal advice. Say you'll haunt me - Stone Sour
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#1756347 - 11/08/12 02:22 PM
Re: Regulatory comment of the day!
RR Joker
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10K Club
Joined: Aug 2002
Posts: 34,318
under the Lone Star
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sounds a lot like the old term "age appropriate" PR...but this isn't so elitist...
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Societies that do not find work in and of itself "pleasing to God and requisite to Man," tend to be highly corrupt.
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#1756583 - 11/08/12 09:17 PM
Re: Regulatory comment of the day!
Pale Rider
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Power Poster
Joined: Jun 2001
Posts: 8,272
Where the heart is
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sounds a lot like the old term "age appropriate" PR...but this isn't so elitist... Age appropriate is only part of the issue. Sure, the age of the student has a lot to with how information is presented, but there are other issues such as IQ, prior learning experiences, cultural references, etc. For most consumer level documents, I believe "8th Grade reading level" is the standard, but these days, I'm not quite sure what that means. But..., now you have some new terminology to throw around at the next office party.
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CRCM,CAMS Regulations are a poor substitute for ethics. Just sayin'
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#1756638 - 11/09/12 03:15 AM
Re: Regulatory comment of the day!
RR Joker
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Power Poster
Joined: Jun 2003
Posts: 7,803
Florida
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Sample labeling.
1 - This is the note. It says you must pay us the money back with interest. 2 - This is the mortgage. It says if you do not pay us back, we will take your property. 3 - These are the rest of the documents. Most are there because the government thinks (and sometimes rightly so) that you are stupid and don't know what you are doing. Rather than read them, ask an attorney, or a high school english teacher to explain them to you.
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#1756643 - 11/09/12 04:33 AM
Re: Regulatory comment of the day!
RR Joker
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Power Poster
Joined: Jun 2001
Posts: 8,272
Where the heart is
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I do hate to say this, but let's face it - the reason we have more and more complicated disclosures is because there is a certain small percentage of lenders that look for ways to rip people off.
And while there is nothing wrong (and plenty of things right) with the idea of an adjustable rate mortgage, what started out as a good idea got twisted into programs that had so many twists and turns and traps that it WOULD take a college level text on calculus to figure it out.
And the justification was "If the doesn't say we can't do this, then we can" regardless if it was ethical or not. And yes, there are a number of borrowers who signed anything because they wanted the house, or they wanted the money out of the house, but there were plenty of people who got tricked, snookered, waylaid, etc. by some very greedy and unethical people.
And all of the pedigogy in the world can't fix that. So hows about a disclosure that fits a plain vanilla straight rate, another for an uncomplicated ARM, and the rest of the loans carry this disclosure in bold 18 font type:
WARNING - THIS LOAN IS VERY COMPLICATED AND CHANCES ARE YOU WON'T UNDERSTAND THE TERMS AND MAY NOT BE ABLE TO PAY IT BACK. PROCEED AT YOUR OWN RISK.
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CRCM,CAMS Regulations are a poor substitute for ethics. Just sayin'
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#1756678 - 11/09/12 01:59 PM
Re: Regulatory comment of the day!
RR Joker
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Power Poster
Joined: Nov 2001
Posts: 7,988
FINALLY ABOVE the gnat line
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Don't forget the contributions lawsuits have made to our loan documents. Promissory notes didn't used to be ginormous with small print. Most of that language is there to protect the bank from a lawsuit.
Face it - when lawyers get their hands on anything, it gets longer and more complicated.
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"Once you learn to read, you will be forever free." - Frederick Douglass
My Opinion Only.
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