Wells Fargo sues Quicken, claims fraudulent loans
By Tom Henderson and Daniel Duggan
Livonia-based Quicken Loans Inc. is being sued in U.S. District Court by Wells Fargo Bank N.A., in a dispute over what is claimed are fraudulent loans gone bad.
South Dakota-based Wells Fargo filed the suit in June, claiming that Quicken has refused to buy back more than $4 million in loans that didn’t meet underwriting standards, in violation of a 2001 contract between the two companies.
In August, Quicken filed its response, denying the allegations and demanding a jury trial.
In its complaint, Wells Fargo said that “Quicken made certain representations and warranties to Wells Fargo regarding the loans and lines of credit being sold, such as but not limited to the income and employment of the borrower and the fair market value of the real estate collateral.”
Wells Fargo said some loans had false representations and “were not eligible to be sold to Wells Fargo in the first place.”
The lawsuit said that as of June, the amount of bad loans Quicken refused to buy back totaled $4,047,000 and “to the extent additional repurchase demands are made by Wells Fargo and declined by Quicken, this sum will likely increase.”
There is currently no shortage of loans that are being disputed in the mortgage industry, said Tony Garritano, editor of Mortgage Technology, one of several niche publications focusing on the mortgage industry. It is owned by New York-based SourceMedia.
“It’s not uncommon right now for an investor to say “you misspelled this person’s name on line five, you have to buy the loan back,’” he said. “Lenders are being barraged by buy-back requests, and they’re all disputing them, saying they didn’t do anything wrong and were just following the guidelines.”
But Gibran Nicholas, president and chairman of the Certified Mortgage Planning Specialist Institute in Ann Arbor, an organization that certifies financial professionals to provide mortgage and real estate equity advice, said the lawsuit sends the wrong signal.
Nicholas said he’d expect such a dispute to be worked out before it hit federal court, and that it could spook other buyers of Quicken loans, who are already spooked by other developments in the mortgage industry.
“This could very easily turn into a crisis of confidence and have a domino effect. It’s like a run on the bank,” said Nicholas, who is also president and CEO of Nicholas and Co. Mortgage Planners.
Elizabeth Jones, Quicken’s vice president of communications, said the lawsuit won’t cause problems with others who buy its loans. She said Quicken merely followed Wells Fargo’s underwriting guidelines for the loans in question, that it was told it was not required to document income for borrowers who had high credit scores and whose loans had a low loan-to-value ratio.
“This matter, while it involves a very small number of loans originated and sold to Wells Fargo, most more than five years ago, still strikes a nerve as it is an attempt by Wells Fargo to retroactively rewrite its own underwriting guidelines more than five years after the fact,” she said.
“The Wells case is much worse than Monday-morning quarterbacking. … As long as the loans performed well, Wells enjoyed the income from the loans,” said Jones. “However, Wells apparently misjudged the increased risk associated with this type of stated income loan. As soon as Wells began to experience losses, they mounted a campaign of revisionist underwriting.”
Kevin Moss, executive vice president of Wells Fargo’s Home Equity Group, disputed Jones’ version.
“We disagree with these allegations. Wells Fargo has never demanded repurchase for loans from Quicken simply because they are stated income loans. The bulk of the loans that are the subject of this lawsuit involve substantial fraud. Contractually, Quicken Loans is responsible for the loans that they underwrote and sold to Wells Fargo.”
What a mess. On the one hand you have Quicken Loans saying it did nothing wrong, while on the other, Wells Fargo insists Quicken Loans blatantly ignored underwriting standards. I’ll be interested to see how this one plays out.
In the meantime, based on what you read above, who do you think is to blame and why?
A. Quicken Loans
B. Wells Fargo
C. Both
D. None of the above