Over the past several years, multiple state and federal regulatory agencies including the Federal Housing Finance Agency have investigated and prosecuted force-placed insurers, lenders, and loan servicers for fraudulent practices associated with the provision of force-placed insurance. In addition to regulatory proceedings relating to force-placed insurance, several class-action lawsuits have been filed nationwide, many of which have resulted in substantial settlements.
What is Force-Placed Insurance?
Force-placed insurance (also called creditor-placed, lender-placed or collateral protection insurance) is an insurance policy placed by a lender or loan servicer on a property, when the property owner’s own insurance is cancelled, has lapsed, or is deemed insufficient and the borrower does not secure a replacement policy.
The purpose of force-placed insurance is to allow the bank or lender to protect its financial interest in the property. Lenders are permitted to force insurance on a property owner because there are standard provisions in the majority of mortgage contracts providing that if a homeowner’s insurance lapses and the property owner fails to timely purchase replacement insurance, the lender can protect its financial interest in the property by implementing force-placed insurance.
Force-Placed Insurance on Your Mortgage?
If you have lender-placed or creditor-placed homeowners’ insurance and are paying high premiums for less coverage, our consumer protection attorneys are interested in speaking with you. Know your rights. Call toll-free (866) 981-4800 to get a free, confidential consultation about your potential case.
Callus at 1-800-254-9493 |
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Force-Placed Policies Cost More, Cover Less
Force-placed insurance policies are much more expensive than regular homeowner’s insurance policies and typically cover far less—personal property, for example, is often not covered.
In addition to costing more for less coverage, many lenders and loan servicers’ force-placed insurance practices are impacted by conflicts of interest. According to multiple reports, many lenders and loan servicers receive kickback payments from force-placed insurance providers in the form of commissions or reinsurance fees on the same policies they purchase on borrowers’ behalves.
According to Diane Thompson of the National Consumer Law Center, “[t]here’s no arms-length transaction here, and that creates all sort of incentives for the servicer to force-place excessive insurance and overcharge consumers for policies that provide minimal benefit . . . .”
New York Superintendent of Financial Services Benjamin Lawsky, who oversaw several hearings related to force-placed insurance, concluded that the “hearings suggest a lack of competition, high prices, and low loss ratios, all of which hurt homeowners.”
Lender-Placed Insurance May Violate State, Federal Law
Gibbs Law Group LLP is investigating claims against a number of lenders, loan servicers, and force-placed insurance providers nationwide for violation of state and federal law, including the Racketeer Influenced and Corrupt Organizations Act and state unfair competition laws.
Gibbs Law Group LLP is investigating the following lenders and servicers:
- Cenlar
- Dovenmuehle
- Loan Care
- Ditech
- Flagstar
- Fifth Third
- Quicken Loans
- Fay Servicing
- Caliber Homes
- Capital One
Talk to an Insurance Fraud Lawyer
If you believe that you have been forced to pay improperly inflated force-placed insurance, our consumer attorneys may be bale to help. Contact Adam E. Polk or Elizabeth A. Kramer for a free case consultation, by calling toll-free (866) 981-4800 or filling out the form.
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