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Bitten by a Loan Shark
Patricia Nesbitt was paying off a $47,000 loan, when fraudulent lenders tripled her debt
by Adam Holdorf

Patricia Nesbitt is a 62-year-old Af-rican American woman living on disability income. Her grandmother bought her house on 20th Avenue, in the Central District, in 1969. Because of some debts her grandfather accrued through repair costs, the City of Seattle put a $42,000 lien on her home. Patricia consolidated her debts and got a home equity loan from Beneficial Mortgage Company in January 1997. At the time, Beneficial wrongfully reported it as a refinance to the Department of Housing and Urban Development - a tactic that could help them get more federal assistance for making such loans, and so it could be sold to other financial companies.

"When that happens, you don't have $50 to see a lawyer about those papers. Some people do, but I didn't."

When Beneficial was about to increase her monthly bills in September 1997, she refinanced and the loan was sold from Beneficial to Pacific Thrift and Loan Company. "Beneficial claimed they were getting ready to be sued, and that if I didn't pay my loan in full, then I would have to refinance because they were getting ready to sell the company - which they didn't, they lied. These are the methods they use when they want people to involuntarily refinance. If I didn't refinance with them, they said I would have to pay the loan in full. Just like the Mafia, they made me an offer I couldn't refuse."

On October 1st, 1997, she got a phone call from a new mortgage company, Pacific Thrift, informing her they were her new lender.

"Two months later, a woman called me from Pacific Thrift. She said, 'You're in for a hard time here. I'm getting ready to quit because this company is so crooked, but I saved one page of your loan application from the paper shredder. I'll send it to you.'" It showed information altered by the loan officer, putting Patricia's monthly income $1,700 higher than what she really earned. Patricia says her signature had been pasted onto the page and photocopied.

Those documents had been submitted to Advanta Mortgage Company, who then bought the loan. To find out more, Patricia impersonated an interested customer and purchased her own financial records from Advanta.

"I called up and said 'I'm interested in acquiring a loan, my friend Patricia has one. Can I see her loan information?' and they sold me my information, Social Security Number, everything, for $35," she says. The documents revealed that the terms of her payment had been changed after she signed it: the loan officer added tens of thousands of dollars in fees for illegal certifications that were never done. Her principal went from $80,000 to $109,000, and her total monthly payments climbed to $1,000. Then her son was diagnosed with leukemia.

"I had the choice, do I help pay his medical bills, or do I pay my mortgage? My daughters and sisters pulled together with me on this, to keep from becoming homeless," she says. But when she could no longer keep up earlier this year, Advanta threatened foreclosure.

Late last month, the Association of Community Organization for Reform Now (ACORN), with the support of other community groups, marched on the law offices of Karen Gibbon to protest the foreclosure. Negotiations with Advanta have paid off: they reached a settlement, and Patricia will refinance with Cascade Bank, on good terms.

While Advanta's bad press might have helped her out, "I'm not going away. We need some laws to cover the loan company's practices.

"I'm one of those people that believes that if you are honest, then other people will be honest too," she says, "and I had no idea these people would do this.
"You talk to educated people, they say, 'Well how could they do that?' Easy! They can change your life by altering things behind your back. You can sign one agreement, and they won't show you what it really says. You tell a judge you signed one part but never saw this particular sheet. Then the next time you see that paper, it's totally different. How do you prove that?"
 

 

 

 

       
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