A group of 14 homeowners filed a class-action suit in Massachusetts Superior Court Friday against a Roxbury based non-profit, alleging that they are the victims of predatory lending practices while facing foreclosure or financial hardship.
The lawsuit, financed by the Neighborhood Assistance Corporation of America (NACA) was hand delivered to the offices of BlueHub Capital — formerly Boston Community Capital — and several of the homeowners allegedly victimized by its practices.
Bruce Marks, NACA's founder and CEO, represents the homeowners who joined the lawsuit, and turned to BlueHub Capitol for assistance.
Marks claimed in the suit that BlueHub engages in what he calls "a loan shark-type practice" called shared appreciation mortgage.
"That means as the property appreciates, if the homeowner refinances or sells, they must in many cases pay BlueHub more than 50 percent of the appreciation in that property,” he said.
BlueHub Capital responded to a WGBH News inquiry with a statement disputing the merits of the lawsuit and defending its SUN — or "Stabilizing Urban Neighborhoods" — program, saying it has helped protect at-risk homeowners facing foreclosure and works to keep communities together.
"Since its inception in 2009, the SUN initiative has successfully helped more than 1,100 families facing foreclosure and eviction keep their homes, repair their credit, and rebuild equity," the statement read. "SUN works by acquiring foreclosed properties before residents are evicted, then reselling these homes back to the homeowner on the same day with a mortgage they can afford and an obligation to share future appreciation.
"Almost all of our borrowers repay their SUN loans on time and in full," it continued. "Reducing foreclosures also contributes to the neighborhood stabilization that we designed SUN to accomplish. A few borrowers have taken a different view. ... We disagree."
Homeowner Nardella Thomas, a plaintiff in the lawsuit, said she lost her house in Webster to foreclosure in 2012. BlueHub then agreed to buy it and sell it back to her with a mortgage set at a 6.375% interest rate.
When Thomas tried to refinance her mortgage, she became aware of a section of her BlueHub contract that required Thomas to pay the non-profit a portion of her home's appreciation.
Thomas said she did not understand the requirement, which cost her an extra $49,000 dollars.
“It is absolutely taking advantage [of homeowners], these people claim to want to help people get back into the community," she said. "But I didn't know I was kissing the ring of the mortgage godfather.”
“Every predatory lender or a loan shark always says in the fine print, it says we can do this," he said. “That's standard practice and that doesn't mean it's right or legal.”
He added that there is the possibility of 1,100 others joining the class who were facing foreclosure and signed on with BlueHub to avoid homelessness.
Marks also said the lawsuit is seeking an end to the shared appreciation mortgage practice and damages for homeowners.
