Massachusetts Judges Rules Some Mortgages “Structurally Unfair” Under State Consumer Protection Law

This is interesting. The judgehas basically ruled that this business model is fradulent and illegal:

A Suffolk Superior Court judge has issued a potential landmark order slowing down thousands of Massachusetts foreclosures and declaring whole classes of subprime mortgages “structurally unfair” under state law.

“It is both imprudent and unfair to approve mortgage loans that the borrowers cannot reasonably be expected to repay if housing prices were to fall,” Judge Ralph Gants wrote in a preliminary injunction against notorious subprime mortgage lender Fremont Investment and Loan. “Just because we as a society failed earlier to recognize that (many subprime loans) were generally unfair does not mean that we should ignore their tragic consequences and fail now to recognize that unfairness.”

My guess is that it will either be overturned on appeal, or the foreclosures will resume after 90 days, or both.

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