Pennsylvania keeps consumers in dark about lending violators

Buying a home is for many people the biggest, most complicated financial transaction of their lives, but a Pennsylvania state law prevents consumers from finding out whether their mortgage banker or broker has a clean record.

In May and June alone, the state Banking Department issued about $650,000 in fines - but don't look to the state to tell you if your prospective lender was one of the violators, or what kind of scams were most prevalent.

A law meant to help avoid runs on depository institutions bars the state from disclosing any details of its enforcement actions, said Paul H. Wentzel Jr., a spokesman for the Banking Department.

Wentzel said the restrictions are "a remnant of the past" and the department may try to improve public access to disciplinary records as part of a package of mortgage-lending reforms the Rendell administration expects to propose later this year.

Consumer advocates are pressing for reforms as a result of a large increase in home foreclosures in Pennsylvania in recent years and its lingering aftereffect - a continuing rise in sheriff's sales of homes in various parts of the state. The advocates blame the increase in part on predatory lending by institutions that get borrowers in over their heads.

Pennsylvania, which has the sixth-highest foreclosure rate in the nation, lags behind at least two of its neighbors in trying to keep consumers better informed.

In Ohio, also hard-hit by foreclosures, consumers can learn about fines or license suspensions and revocations issued against mortgage brokers by the Department of Commerce by calling the agency's toll-free hot line. And in New York, most enforcement actions against brokers and lenders are posted on a state Web site - even though there's no legal requirement to do so.

"We do this for two reasons: One is because consumers need to be aware that an action has been taken. And two, to send a message to the industry that we will catch you and you will be punished," said New York State Banking Department spokeswoman Catie Marshall.

Pennsylvania cannot release details on enforcement to anyone outside the Department of Banking, Wentzel said.

The exceptions are the rare cases where the state suspends or revokes a license, and even that limited disclosure is a relatively recent change in the law. Violations could land a Banking Department employee in jail for up to a year.

The Mortgage Bankers Association of Pennsylvania has said it is skeptical about the need for other lending reforms being sought by consumer advocates. But the trade group believes greater disclosure could improve public confidence in the services they provide, said John Amrhein, the group's president.

"We believe the majority of our members comply with the provisions of the law, and so having the bad actors reported serves to enhance the industry," Amrhein said.

Pennsylvania does not keep a yearly tally of the fines it issues, and the agency could not give any kind of breakdown of its enforcement actions, even with the violators' names removed, Wentzel said.

But he said the most common violations tend to involve charging improper fees, not producing money after a loan is closed, taking advance fees without bonding and not giving customers required details about their mortgages.

Bank customers can go to ratings services such as Veribanc Inc. to obtain an independent analysis of the safety and soundness of depository institutions such as banks, savings and loans and credit unions, but Wentzel said no such service exists for mortgage brokers or lenders.

While the amount of fines issued in recent months is unusually high, the level of enforcement is expected to continue to rise as a result of a 31 percent increase in the Banking Department budget effective July 1.

The Banking Department is adding 30 people, about a 25 percent increase in its work force, Wentzel said. The additional personnel will improve monitoring of mortgage bankers and brokers, auto dealers who lend money and finance companies, he said.

The industry group believes the state could also do a better job of enforcement, Amrhein said.

"Enforcement, we believe, serves as a deterrent. A lot of things that we hear that consumers are concerned about are already against the law - you just need someone to enforce and take action," he said.

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