In October 2002, the State of Ohio reached a settlement with Household and Beneficial Finance over their alleged improper mortgage lending practices. More than 43,600 Ohioans are eligible to receive the State of Ohio’s portion of approximately $31.8 million dollars.
In October 2002, the State of Ohio reached a settlement with Household and Beneficial Finance over their alleged improper mortgage lending practices. As part of this settlement, the State of Ohio received approximately $31.8 million dollars to distribute to harmed consumer/borrowers who had taken out or refinanced mortgage loans between January 1, 1999 and September 30, 2002.
The State of Ohio is having the Household-Beneficial Settlement Administrator contact over 43,600 eligible consumers in Ohio informing them of their right to participate in this settlement distribution. Those wishing to participate are required to sign and return the legal release form provided to them by the Household-Beneficial Settlement Administrator.
Under the Ohio distribution plan, all eligible consumers will receive a minimum of $200. It is anticipated that the money will be sent out in December 2003.
A website has been established by the Settlement Administrator at www.household-beneficial-settlement.com to aid consumers in understanding the settlement and to provide answers to frequently asked questions regarding settlement participation. A toll-free number has also been established by the Administrator to assist in handling consumer inquiries. This number is 1-888-780-2156.
Consumers can get more information about the settlement claims process for Ohioans from the Ohio Attorney General's website www.ag.state.oh.us
Summary: Ohio has determined individual consumer
restitution amounts by dividing 50% of its restitution pool using a
“proportionality calculation” and dividing the other 50% using a “harms
calculation” with a $200 minimum restitution amount for each eligible
participating consumer.
Consumers will have the
first of the two parts of their total restitution amount calculated by giving
them the same percentage of $15.9
million as the percentage their individual loans constitute of the total of all
eligible Ohio loans.
I.
Introduction:
The Ohio Household Restitution Protocol seeks to fairly and logically
divide Ohio’s $31.8 million restitution pool between 43,620 eligible Ohio
consumers impacted by the business practices of Household in connection with
both real estate (RE) and personal home loans (PHL). Calculating individualized
harm for the eligible Ohio consumers is not possible as not all such consumers
suffered all types of harm and specific dollar figures cannot be obtained for
certain types of harm suffered. In light of these limitations, this restitution
protocol will determine individual consumer restitution amounts by adding
together refund amounts reached by dividing 50% of the restitution pool using a
“proportionality calculation” and dividing the other 50% using a “harms
calculation” with a $200 minimum restitution amount for each eligible
participating consumer.
II.
Proportionality Calculation: Each eligible Ohio Household customer will have the first of
the two parts of their total restitution amount calculated by giving them the
same percentage of $15.9 million (50%
of the restitution pool) as the percentage their individual loans constitute of
the total of all loans. The use of a proportionality calculation is premised
upon the belief that each Ohio Household consumer in the covered time period
suffered some economic injury and that not all such injuries can be captured or
quantified based upon the information available to us. The best available
substitute in our opinion is a proportionality calculation. Under this formula,
for example, a consumer with a $100,000 loan, with the total of all loans being
$2.1 billion, would be entitled to a proportional refund of $757.14, [(100,000 divided by 2,100,000,000)
multiplied by $15,900,000]. This proportional refund amount would then be added
to the “harms refund calculation” amount to reach a total restitution amount.
III. Harms Calculation: Each eligible Ohio Household consumer will have the second part of the two parts of their total restitution amount calculated by assigning each consumer a “harms score” based upon whether or not the consumer’s individual loan transaction contained the following: excessive closing costs (points); an excessive paid prepayment penalty (PPP); a “loan-to-value” (LTV) in excess of 100% (the amount owed on the loan is more than the appraised value of the house); a single premium life, disability, or credit insurance (insurance) policy rolled into the loan; a semi-monthly, bi-weekly or weekly loan repayment plan (EZ Pay); and/or a personal home loan (PHL) entered into within 90 days of the primary real estate loan (this PHL is also referred to as a side loan).
FOR IMMEDIATE RELEASE
LT.
GOVERNOR JENNETTE BRADLEY AND ATTORNEY GENERAL JIM
PETRO
43,254
Ohioans Eligible To Participate In $31.8 Million
Settlement
Ohio Lt.
Governor and Commerce Director Jennette Bradley joined Attorney General Jim
Petro today to announce that $31.8 million will be forwarded to thousands of
The
settlement resolved an investigation by the states into allegations of unfair
and deceptive mortgage lending practices by Household International through its
subsidiaries Household and Beneficial Finance. The states alleged that Household had
overcharged borrowers with fees and interest, and had misled borrowers about
other loan terms such as prepayment penalties and credit insurance. Under the landmark settlement, which was
finalized in December 2002, Household agreed to pay $484 million dollars to the
states to be distributed to eligible Household borrowers.
“The
Department of Commerce’s Division of Financial Institutions worked diligently
with the Attorney General’s Office to craft a settlement agreement that corrects
lending abuses and provides relief to
"I'm proud of the State’s attorneys for helping to modify the business practices of one of the largest sub-prime lenders in the country. This settlement requires the company to improve their practices to better serve customers," said Attorney General Jim Petro.
Under
the settlement distribution plan, all Household borrowers in
The settlement
administrator, Poorman-Douglass, mailed a postcard on Friday, August 8 to 43,254
As part
of the settlement, Household also agreed to implement a series of reforms in its
lending operations. Court injunctions in place in all 50 states restrict
prepayment penalties on current and future home loans, prohibit loan “flipping,”
limit up-front points and origination fees, and improve loan
disclosures.
After
receiving the cover letter and settlement form, Household mortgage loan
customers who have questions about the settlement payment procedures can contact
the settlement administrator by calling a toll-free number, 1-888-780-2156. The settlement administrator’s website
address is www.household-beneficial-settlement.com.
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Household-Beneficial Settlement
Frequently Asked Questions
1) What is the purpose
of this settlement?
To provide partial reimbursement to borrowers who may have
been overcharged
by Household Finance or Beneficial Finance in connection with certain
real estate loans.
The covered loan transactions include real estate secured loans and Personal
Homeowner Loans originated through one of the Household/Beneficial retail
lending branches during the period
2) Why am I being directed to contact
the Settlement Administrator instead of the Attorney General’s office or Ohio
Department of Commerce?
The Settlement Administrator is a company experienced at
handling the distribution of large settlement funds like this one. The notices
and releases sent to you by the Settlement Administrator have been written
and/or approved by the state. The settlement agreement requires Household to pay
the
3) What makes a
consumer eligible to participate?
To participate in the
4) I have not
received my Release packet but I think I may be eligible to
participate.
The
Settlement Administrator will be mailing Release packets to eligible
In
6) What do I need to do
to participate in the settlement?
7) What is the deadline
to return my signed Release Form?
The deadline to file a release form
in this settlement is
8) What do I do if I
don’t want to participate in the settlement?
Simply do not return the Release Form. If you do not return a signed release form, you will be excluded from receiving any restitution. Nothing else is required. However, you may receive some reminder notices of the Release Form deadline date, as we want to be sure that anyone who does not return a signed Release Form did so by choice and not mistake.
9) How much restitution
money will I get if I participate in the settlement?
The minimum amount of restitution you will receive if you
sign and return the Release Form is listed on the Release Form itself. If that
space is blank you must call the Settlement Administrator at 1-888-780-2156.
Your actual restitution amount you receive may be more than the minimum amount
listed on the Release Form as any money not claimed by other eligible consumers
will be divided up among those consumers who do chose to participate.
10) How was the
restitution amount on my release form calculated?
In
12) How can I get
another copy of the Notice Letter and Release Form?
Contact the
Settlement Administrator by calling 1-888-780-2156 or going to their website,
www.household-beneficial-settlement.com to request
another Release packet. After receiving your telephone or e-mail request the
Settlement Administrator will check to make sure you were part of the first
mailing and an eligible
13) Can I take the signed Release form to my Household (or
Beneficial) Branch Office or State Official’s Office?
No, the
signed Release form must be returned to the Settlement Administrator at:
Household-Beneficial Settlement
Administrator
14) Can I fax my Release form to my Household (or
Beneficial) Branch Office or State Official’s Office?
No, the
Settlement Administrator must receive an original signature; therefore you have
to return the form by mail.
15) How can I confirm
that the Settlement Administrator has received my Release Form?
16) When will I receive
my restitution?
If you want to receive restitution, you must return a
signed release form by
17) Will my personal
loan information be kept confidential?
Yes, the
Settlement Administrator has a confidentiality agreement with Household Finance
that will protect the privacy of all information provided to them by you or by
the state of
18) I have moved. What if I think I’m eligible but have not
received my letter from the administrator?
Send a
letter stating both your old and new address to:
Household-Beneficial Settlement
Administrator
Please provide your full
name, former address and any other kind of identifying information such as a
loan account number, social security number, etc. They will then update your address in the
system for future mailings. If you don’t receive the Notice Letter and
Release Form by the end of August, please call the Administrator’s toll free
line at 1-888-780-2156.
19) What is the total
settlement fund?
The national settlement was $484 million divided among the
50 states and the
20) What will
the average payment be to eligible
Provided that all eligible consumers participate in the
settlement, the average payment to
If you’ve made every effort to obtain the co-borrower’s
signature, you can sign and send in the release form with a letter attached
explaining the circumstances as to why the co-borrower signature cannot be
completed. An
appeals process is set up to deal with these situations and make a decision.
23) I am the guardian or executor to the estate of
(claimant name) and he/she was sent a Release Form for this settlement. How can the form be
completed?
Sign and date a letter explaining the circumstances and
attach that along with any other legal documentation showing you as the guardian
or executor to the estate of (claimant name) to the release form and
return. We
will set up the restitution to be sent to “The Estate of (claimant name).” Please
also include any address changes as to where the restitution should be
sent.
24) How
does the Household notice already sent to me about pre-payment penalties affect
my loan?
Many Household/Beneficial loans to
25) I have already paid
off my Household (or Beneficial) real estate secured loan. Am I still included
in this Settlement?
Yes, customers whose loans have already been paid off are eligible to participate in the Settlement provided that the loans were real estate secured loans (i.e. mortgage loans or home equity loans) from a Household or Beneficial retail-lending branch that were entered into between January 1, 1999 and September 30, 2002. This includes loans that were opened during this time period regardless of whether or not the loan is currently open or closed.
26) My real estate
secured loan is open and I’m still making payments to Household (or
Beneficial).
Am I still included in this Settlement?
Yes, customers whose loans are still open may be eligible to participate in the Settlement provided that the loans were real estate secured loans (i.e. mortgage loans or home equity loans) received from Household or Beneficial that were entered into between January 1, 1999 through September 30, 2002. This includes loans that were opened during this time period regardless of whether or not the loan is currently open or closed.
27) If I sign this Release from,
does this mean that I can stop making payments on my loan?
No, this Settlement does not affect
the status of your loan or release you from any payment obligation for any open
loan with Household or Beneficial. You must continue
to make your loan payments in accordance with the terms of the loan
agreement.
28) What if my home is in foreclosure or has gone through
foreclosure?
If you receive a Release form, you are eligible to receive
a payment under the Settlement. However, participating in the Settlement and
receiving a payment will NOT stop or undo a foreclosure. If you choose to
participate in the Settlement, you must sign and return the Release form. In doing so, you
give up various legal rights (listed on the Release form), but you do not give
up your right to raise any rights and defenses in a foreclosure action. You are strongly encouraged to contact
a private attorney about your situation before making a decision about
participation.
29) Do I have to pay taxes on the settlement
payment I will be receiving?
Some consumers may receive a 1099 form with their
settlement payment.
However, whether any payment that you receive
under this settlement is taxable will depend on several factors. Because of
this, we are not able to give any individual tax advice. If you have tax
questions, you should contact a local tax preparer or advisor.
30) What if I have a
complaint about a loan from Household or Beneficial that is not covered by this
settlement or involves a loan made by someone else but is now held Household or
Beneficial?
You can contact the Ohio Department of Commerce’s Division of Financial Institutions to file a complaint at its toll-free number 1-866-278-0003 or through its website at www.com.state.oh.us/dfi.