Who to contact for fraudulent /deceptive loans on your home from banks

Who to contact for fraudulent /deceptive loans on your home from banks

1 Answer

Your mortgage lender could be regulated by any number of entities. If indeed it is a bank, it could be regulated by the Federal Reserve or the Office of the Comptroller of the Currency. If the bank has a state charter it could be regulated by the Federal Reserve and the state where they are located or just the state if it is not a member of the Federal Reserve system.

Not all mortgage lenders are banks. If your lender is not a depository institution it is most likely regulated by the state in which it is operating. Mortgage brokers are licensed through and regulated by the state(s) where they originate loans.

Some laws and regulations pertaining to lenders are enforced by other agencies. For example laws and regulations pertaining to fraudulent advertising practices may be enforced by the Federal Trade Commission. Some laws and regulations such as the Real Estate Settlement Procedures Act (RESPA) were, up until recently, enforced by the Department of Housing and Urban Development (HUD). Criminal activity may be investigated by the FBI.

As you can see with this patchwork of regulators it has been difficult for consumers to determine who to go to with their complaints about mortgage lending. The consumer not only needed to know which regulator to complain to, but also which law or regulation they think was broken. Often these regulators were not well set up to respond to individual consumer complaints.

In 2010 Congress passed the Dodd–Frank Wall Street Reform and Consumer Protection Act known as the Dodd-Frank Act. Title X of the Dodd-Frank Act established the Consumer Financial Protection Bureau (CFPB). One of the functions of this agency is to give a centralized place for consumers to complain about financial products including mortgages.

The advantage this gives to the citizen with a problem, whether it is a mortgage, a credit card, a student loan or any other financial product or service, is that the consumer doesn't have to know which regulator to contact or know which law might have been broken. The CFPB can take the complaint.

The first step they take after receiving a complaint is they contact the company. Since the CFPB has been given broad regulatory power the financial institution that receives a complaint from the CFPB typically will respond quickly. You will be able to review and comment on the response. If the CFPB thinks that a law or regulation has been broken, they can take action or share the information with state or federal law enforcement.

The CFPB analyzes the number and types of complaints they are receiving to help them with their supervision of financial institutions. They also report to Congress about the number and types of complaints consumers are making and they publish a Consumer Complaint Database online.

Here is a link to the CFPB where you can make a complaint: Submit a complaint to the CFPB

Good luck and I hope you are able to get your problem resolved quickly.