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Wells Fargo sued over home equity lines of credit

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MattH
Senior Contributor

Wells Fargo sued over home equity lines of credit

article

 

The banking unit of Wells Fargo & Co. is facing a lawsuit claiming it illegally reduced the size of customers' home equity lines of credit.

 

TU 791 02/11/2013, EQ 800 1/29/2011 , EX Plus FAKO 812, EX Vantage Score 955 3/19/2010 wife's EQ 9/23/2009 803
EX always was my highest when we could pull all three
Always remember: big print giveth, small print taketh away
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Message 1 of 8
7 REPLIES 7
Anonymous
Not applicable

Re: Wells Fargo sued over home equity lines of credit

WE'RE GONNA FIGHT....FOR OUR RIGHT....TO BOOOOOOOR-ROW
Message 2 of 8
MattH
Senior Contributor

Re: Wells Fargo sued over home equity lines of credit


@Anonymous wrote:
WE'RE GONNA FIGHT....FOR OUR RIGHT....TO BOOOOOOOR-ROW

Personally I never did think it was a terribly bright idea to treat a HELOC as a cash reserve.  My only debt right now is a fixed-rate mortgage, which we could pay off tomorrow but we prefer hanging onto that cash!

 

TU 791 02/11/2013, EQ 800 1/29/2011 , EX Plus FAKO 812, EX Vantage Score 955 3/19/2010 wife's EQ 9/23/2009 803
EX always was my highest when we could pull all three
Always remember: big print giveth, small print taketh away
If you dunno what tanstaafl means you must Google it
Message 3 of 8
athensguy
Valued Contributor

Re: Wells Fargo sued over home equity lines of credit

I haven't ever seen the paperwork for a HELOC. Does it specify how the credit line is to be determined? Does it say that the bank can't cut the credit limit if it so chooses?

Of the different types of AA, CLD/closure is the least unfair IMO.
Message 4 of 8
MattH
Senior Contributor

Re: Wells Fargo sued over home equity lines of credit


@athensguy wrote:
I haven't ever seen the paperwork for a HELOC. Does it specify how the credit line is to be determined? Does it say that the bank can't cut the credit limit if it so chooses?

Of the different types of AA, CLD/closure is the least unfair IMO.

Having never taken out a HELOC I've never seen such a contract, but I'm sure the lawyers at most banks were careful to put in all sorts of clauses, but of course contractual paperwork is merely source code to be executed by highly stochastic legal machinery.  And some people who had been counting on their HELOC as a substitute for cash reserves are probably desperate enough to try playing the legal lottery.

 

TU 791 02/11/2013, EQ 800 1/29/2011 , EX Plus FAKO 812, EX Vantage Score 955 3/19/2010 wife's EQ 9/23/2009 803
EX always was my highest when we could pull all three
Always remember: big print giveth, small print taketh away
If you dunno what tanstaafl means you must Google it
Message 5 of 8
Lel
Moderator Emeritus

Re: Wells Fargo sued over home equity lines of credit

When you apply for a HELOC, you can either specify a certain amount, or just apply and see what the maximum CL a bank will offer you.  For my HELOC lender, US Bank, a higher CL meant getting a better interest rate, so there was incentive to try to qualify for the highest CL possible.  This is obviously not a good idea for anyone who has trouble keeping expenses in check, and likes to dip into his/her home equity to pay for cars and vacations.

 

My HELOC agreement, which I assume is pretty standard for any such loan, does have a clause that allows for decreases in the credit line:

 

"We may temporarily prohibit you from obtaining additional extensions of credit, or reduce your credit limit if: (1) The value of the dwelling securing this home equity line of credit decline significantly below its appraised value for purposes of this line..."

 

 

In the old days, I think it was possible to get HELOCs for up to 110-115% of the appraised value of a home.  Last year, only US Bank would go up to 90%; everyone else would only go up to 85%.  I wouldn't be surprised if the maximum LTV is even lower now.

Message 6 of 8
haulingthescoreup
Moderator Emerita

Re: Wells Fargo sued over home equity lines of credit

My HELOC is tied to the prime, but it's fixed in that it won't change the deal (prime less 0.95%.) So yes, the rate can change, but it will be because the prime rate changes, not because USAA starts hearing Voices in its Head.

This kind of HELOC is way safer than standard BT CC agreements.
* Credit is a wonderful servant, but a terrible master. * Who's the boss --you or your credit?
FICO's: EQ 781 - TU 793 - EX 779 (from PSECU) - Done credit hunting; having fun with credit gardening. - EQ 590 on 5/14/2007
Message 7 of 8
MattH
Senior Contributor

Re: Wells Fargo sued over home equity lines of credit


@haulingthescoreup wrote:
My HELOC is tied to the prime, but it's fixed in that it won't change the deal (prime less 0.95%.) So yes, the rate can change, but it will be because the prime rate changes, not because USAA starts hearing Voices in its Head.

This kind of HELOC is way safer than standard BT CC agreements.

Which is why I don't do BT either.

 

TU 791 02/11/2013, EQ 800 1/29/2011 , EX Plus FAKO 812, EX Vantage Score 955 3/19/2010 wife's EQ 9/23/2009 803
EX always was my highest when we could pull all three
Always remember: big print giveth, small print taketh away
If you dunno what tanstaafl means you must Google it
Message 8 of 8
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