Ameriquest Mortgage Co., has agreed to a judgment that will require it to
clearly disclose loan terms and fees, not tamper with appraisals and set aside $26.6 million to pay restitution to
California customers.
The judgment, entered Tuesday in Alameda County, spells out terms of a previously announced $325 million deal
between Ameriquest and prosecutors in 49 states that in addition to the $26.6 million for California includes $175
million in nationwide restitution payments. Both sets of payments could raise restitution to customers throughout
California to as high as $50 million, prosecutors said.
Prosecutors accused Ameriquest of using "bait and switch" and other misleading sales tactics, hiding
loans' financial terms and prepayment penalties, arranging inflated property appraisals and encouraging prospective
borrowers to fabricate income statements.
Ameriquest, based in Orange, denied any wrongdoing.
The injunction, which applies to Ameriquest's retail offices, requires the company to provide customers' with a
one-page disclosure stating clearly whether it is fixed or variable rate. The disclosure, which must be handed over
three days before the loan closes, must also reveal a loan's size, fees, points, monthly payments, interest rate and
maximum prepayment penalties, and it must be available in Spanish or any other languages in which Ameriquest
advertises.
The injunction also requires that Ameriquest tie loan terms to credit risk, limit its role in the appraisal process
and protect whistle blowers. It forbids payment of sales incentives for getting consumers to agree to prepayment
penalties and bars the company from soliciting refinancing transactions during the first 24 months of a variable
interest mortgage.