Posted by PL on 2/1/07 1:45pm
Msg #173562

Beneficial took a pretty big hit in Oregon yesterday

According to the Oregonian, Beneficial was hit with $500,000.00 in punitive damages for having them sign an agreement in which they couldn't read, IE: English. Makes me wonder about the Notary in this case. How did he/she act in this case? If they were unable to understand the docs, how could the Notary uphold their end of this transaction?
The other major decision by the Oregon court, was that the arbitration clause in Beneficial's contract violated Oregon law. It stated deeper in the article that this could have greater impact nationwide,influencing other courts opinions.

Reply by Kate/CA on 2/1/07 2:36pm
Msg #173565

Don't you wonder why the docs were always in English when they want a Spanish speaking notary. Should be interesting.

Reply by Charles_Ca on 2/1/07 3:07pm
Msg #173570

CA made English the official language by referendum...

several years ago, I don't know if Oregon has the same law. I would suspect that in California that would be a defense. I'm not saying it shold be I'm just saying it might be. I own property in Mexico, do you think I could get documents in English becasue I may not understand Spanish well? Heck no!

Reply by cara on 2/1/07 8:09pm
Msg #173651

Contract translations under CA law

Neverthleless, California law requires that when certain consumer contracts are negotiated in Spanish, the conumser must be given a translation. See California Civil Code section 1632 which can be found at: http://www.leginfo.ca.gov/calaw.html.

Reply by cara on 2/1/07 8:15pm
Msg #173652

Re: Contract translations under CA law

FYI An explaination of this provision as it applies to Real Estate transactions was prepared by the CA Dept of Real Estate, DRE: http://www.dre.ca.gov/pdf_docs/mlb_spr04.pdf.

Reply by DogmongerCA on 2/1/07 3:57pm
Msg #173582

According to the Oregonian, Beneficial was hit with $500,000.00 in punitive damages for having them sign an agreement in which they couldn't read, IE: English. Makes me wonder about the Notary in this case. How did he/she act in this case? If they were unable to understand the docs, how could the Notary uphold their end of this transaction?
The other major decision by the Oregon court, was that the arbitration clause in Beneficial's contract violated Oregon law. It stated deeper in the article that this could have greater impact nationwide,influencing other courts opinions

In CA Household and Bene present the docs in both Spanish and English, and I believe they have them sign the English version. As far as Arbitration, they recently gave their customers and opt out close. Gives them thirty days after signing to submit a rejection notice, that opts them out of the policy. Perhaps this was in advance of the courts decision in Oregon.

Reply by JanetK_CA on 2/2/07 6:51pm
Msg #173824

"As far as Arbitration, they recently gave their customers and opt out close. Gives them thirty days after signing to submit a rejection notice, that opts them out of the policy. Perhaps this was in advance of the courts decision in Oregon. "

Perhaps it was because they had a suit pending on this issue...

"In CA Household and Bene present the docs in both Spanish and English, and I believe they have them sign the English version."

Correct. And in all fairness, Beneficial/HSBC is the ONLY company I've seen provide a Spanish speaking borrower with documents in both English and Spanish.

Reply by Joan_OH on 2/1/07 4:05pm
Msg #173585

When I used to do Beneficials in Ohio we were absolutely forbidden to speak Spanish to the borrowers unless we were in Spanish certified office. I found myself in a closing about 2 years ago, and when it because apparent the wife did not speak, read, or understand English, I excused myself to call IREP. Actually, I started the call before I left the closing room because I KNEW the LO's would lose it - and they did. Spent an hour arguing with them about why I was NOT going to do this closing and why and IREP agreed. I have not been back since even though they've called. Moved on to bigger and better things. :-)

Joan-OH

Reply by dickb/wi on 2/1/07 9:30pm
Msg #173658

to bring a law suit in wi is a statutory right........

forcing borrowers to sign an arbitration agreement probably wouldn't hold up if the borrower decided to sue as in wi you can not sign away your statutory rights....last year the atty general fined charter because they had a mandatory arbitration agreement in their contract... she also issued a cease and desist................