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Car finance industry sets aside billions for motorist claims

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Car finance industry sets aside billions for motorist claims

Motorists who bought a car on finance could share in billions of pounds in compensation following a landmark test case.

When Marcus Johnson, 34, from Cwmbran, Torfaen, bought his first car – a Suzuki Swift – in 2017, he was not informed the car dealership was being paid 25% commission, which was added on to what he had to pay back.

In a landmark case with two other claimants, the Court of Appeal ruled in October that the finance company should pay the hidden commission plus interest back to Mr Johnson, and he is now due to receive just over £3,200.

Trade Centre Wales and MotoNovo finance’s parent company FirstRand have not responded to requests for comment.

Mr Johnson said he was “furious” when he found out what had happened, adding: “I paid £1,650 for what I can only describe as showing me around the showroom for 10 minutes and then printing off a bit of paper.

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“I signed a few documents and then drove away in the car.”

He said he had no option but to use finance when he bought the car, describing it as “heart-breaking” to find out so much extra money had been taken.

“Someone in my situation at that time, not being able to buy that kind of age car with cash, you would use finance,” he added.

“And for companies to be able to be allowed to charge these ridiculous amounts of commission without disclosing it, without me being made aware of it at all, myself and thousands of other people.”

Mr Johnson had bought the car from dealership Trade Centre Wales for £4,600, and the company arranged finance with Cardiff-based MotoNovo Finance.

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He was not informed that the dealership was receiving commission of £1,650, which amounted to about 25% of the total he borrowed.

The car finance industry is setting aside huge amounts of money to settle similar possible claims in the future.

Mr Johnson sold the Suzuki Swift in 2020.

But after three years of regular payments, he still owed £3,500 which he assumed then was due to the interest on the loan for the car.

“With paying off the agreement for three years, I had only scratched the surface,” he said.

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Dealerships were not acting outside of the rules and regulations of the industry by taking this sort of commission at that time, but they had a duty to inform their clients and inform them about the commission.

The court of appeal said “burying such a statement in the small print which the lender knows the borrower is highly unlikely to read will not suffice”.

There have been changes in the rules governing commission since 2021, when the Financial Conduct Authority banned discretionary commission arrangements.

Kevin Durkin, from HD Law, who represented Mr Johnson in the test case, said: “As a financial reward for them being chosen, FirstRand Bank paid Trade Centre Wales a commission which Marcus knew nothing about.

“There was only a vague reference to this arrangement in the paperwork which the court of appeal found was buried.

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“As such it meant that Marcus paid more than he necessarily needed to.”

He added it is far from being an isolated case, with many car dealerships and finance companies having operated in this way.

“It’s completely widespread,” he added.

“Almost all cars that are purchased on finance through a dealer or credit broker are sold in this way.

“I’ve yet to see any terms and conditions in a case involving my clients where the terms and conditions reference is either absolute in terms of ‘we will receive a commission’ or alternatively is made prominent in the paperwork that is being signed.”

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Mr Johnson said he will never use a finance agreement again, but was delighted when the Court of Appeal found in his favour.

“It was a big moment of relief and excitement and obviously happiness all at the same time – especially with how tough things are at the moment,” he said.

He hopes others will also get money back. adding: “I’m so happy that my case and the decision that was made could potentially help thousands of other families, to me that’s worth more than the money that I reclaimed in a way.”

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Lawmakers target ‘free money’ home equity finance model

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Lawmakers target ‘free money’ home equity finance model

Key points:

  • Pennsylvania lawmakers are considering a bill that would classify home equity investments (HEIs) and shared equity contracts as residential mortgages.
  • Industry leaders have mobilized through a newly formed trade group to influence how HEIs are regulated.
  • The outcome could reshape underwriting standards, return structures and capital markets strategy for HEI providers.

A fast-growing home equity financing model that promises homeowners cash without monthly payments is facing mounting scrutiny from state lawmakers — and the industry behind it is mobilizing to shape the outcome.

In Pennsylvania, House Bill 2120 would classify shared equity contracts — often marketed as home equity investments (HEIs), shared appreciation agreements or home equity agreements — as residential mortgages under state law.

While the proposal is still in committee, the debate unfolding in Harrisburg reflects a broader national effort to determine whether these products are truly a new category of equity-based investment — or if they function as mortgages and belong under existing consumer lending laws.

A classification fight over home equity capture

HB 2120 would amend Pennsylvania’s Loan Interest and Protection Law by explicitly including shared appreciation agreements in the residential mortgage definition. If passed, shared equity contracts would be subject to the same interest caps, licensing standards and consumer protections that apply to traditional mortgage lending.

The legislation was introduced by Rep. Arvind Venkat after constituent Wendy Gilch — a fellow with the consumer watchdog Consumer Policy Center — brought concerns to his office. Gilch has since worked with Venkat as a partner in shaping the proposal.

Gilch initially began examining the products after seeing advertisements describe them as offering cash with “no debt,” “no interest” and “no monthly payments.”

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“It sounds like free money,” she said. “But in many cases, you’re giving up a growing share of your home’s equity over time.”

Breaking down the debate

Shared equity providers (SEPs) argue that their products are not loans. Instead of charging interest or requiring monthly payments, companies provide homeowners with a lump sum in exchange for a share of the home’s future appreciation, which is typically repaid when the home is sold or refinanced.

The Coalition for Home Equity Partnership (CHEP) — an industry-led group founded in 2025 by Hometap, Point and Unlock — emphasizes that shared equity products have zero monthly payments or interest, no minimum income requirements and no personal liability if a home’s value declines.

Venkat, however, argues that the mechanics look familiar and argues that “transactions secured by homes should include transparency and consumer protections” — especially since, for many many Americans, their home is their most valuable asset. 

“These agreements involve appraisals, liens, closing costs and defined repayment triggers,” he said. “If it looks like a mortgage and functions like a mortgage, it should be treated like one.”

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The bill sits within Pennsylvania’s anti-usury framework, which caps returns on home-secured lending in the mid-single digits. Venkat said he’s been told by industry representatives that they require returns approaching 18-20% to make the model viable — particularly if contracts are later resold to outside investors. According to CHEP, its members provide scenario-based disclosures showing potential outcomes under varying assumptions, with the final cost depending on future home values and term length.

In a statement shared with Real Estate News, CHEP President Cliff Andrews said the group supports comprehensive regulation of shared equity products but argues that automatically classifying them as mortgages applies a framework “that was never designed for, and cannot meaningfully be applied to, equity-based financing instruments.”

As currently drafted, HB 2120 would function as a “de facto ban” on shared equity products in Pennsylvania, Andrews added.

Real Estate News also reached out to Unison, a major vendor in the space, for comment on HB 2120. Hometap and Unlock deferred to CHEP when reached for comment. 

A growing regulatory patchwork

Pennsylvania is not alone in seeking to legislate regulations around HEIs. Maryland, Illinois and Connecticut have also taken steps to clarify that certain home equity option agreements fall under mortgage lending statutes and licensing requirements.

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In Washington state, litigation over whether a shared equity contract qualified as a reverse mortgage reached the Ninth Circuit before the case was settled and the opinion vacated. Maine and Oregon have considered similar proposals, while Massachusetts has pursued enforcement action against at least one provider in connection with home equity investment practices.

Taken together, these developments suggest a state-by-state regulatory patchwork could emerge in the absence of a uniform federal framework.

The push for homeowner protections

The debate over HEIs arrives amid elevated interest rates and reduced refinancing activity — conditions that have increased demand for alternative equity-access products. 

But regulators appear increasingly focused on classification — specifically whether the absence of monthly payments and traditional interest charges changes the legal character of a contract secured by a lien on a home.

Gilch argues that classification is central to consumer clarity. “If it’s secured by your home and you have to settle up when you sell or refinance, homeowners should have the same protections they expect with any other home-based transaction,” she said.

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Lessons from prior home equity controversies

For industry leaders, the regulatory scrutiny may feel familiar. In recent years, unconventional home equity models have drawn enforcement actions and litigation once questions surfaced around contract structure, title encumbrances or consumer understanding.

MV Realty, which offered upfront payments in exchange for long-term listing agreements, faced regulatory action in multiple states over how those agreements were recorded and disclosed. EasyKnock, which structured sale-leaseback transactions aimed at unlocking home equity, abruptly shuttered operations in late 2024 following litigation and mounting regulatory pressure.

Shared equity investment contracts differ structurally from both models, but those episodes underscore a broader pattern: novel housing finance products can scale quickly in tight credit cycles. Just as quickly, these home equity models encounter regulatory intervention once policymakers begin examining how they fit within existing law — and the formation of CHEP signals that SEPs recognize the stakes.

For real estate executives and housing finance leaders, the outcome of the classification fight may prove consequential. If shared equity contracts are treated as mortgages in more states, underwriting standards, return structures and secondary market economics could shift.

If lawmakers instead carve out a distinct regulatory category, the model may retain more flexibility — but face ongoing state-by-state negotiation.

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Cornell Administrator Warren Petrofsky Named FAS Finance Dean | News | The Harvard Crimson

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Cornell Administrator Warren Petrofsky Named FAS Finance Dean | News | The Harvard Crimson

Cornell University administrator Warren Petrofsky will serve as the Faculty of Arts and Sciences’ new dean of administration and finance, charged with spearheading efforts to shore up the school’s finances as it faces a hefty budget deficit.

Petrofsky’s appointment, announced in a Friday email from FAS Dean Hopi E. Hoekstra to FAS affiliates, will begin April 20 — nearly a year after former FAS dean of administration and finance Scott A. Jordan stepped down. Petrofsky will replace interim dean Mary Ann Bradley, who helped shape the early stages of FAS cost-cutting initiatives.

Petrofsky currently serves as associate dean of administration at Cornell University’s College of Arts and Sciences.

As dean, he oversaw a budget cut of nearly $11 million to the institution’s College of Arts and Sciences after the federal government slashed at least $250 million in stop-work orders and frozen grants, according to the Cornell Daily Sun.

He also serves on a work group established in November 2025 to streamline the school’s administrative systems.

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Earlier, at the University of Pennsylvania, Petrofsky managed capital initiatives and organizational redesigns in a number of administrative roles.

Petrofsky is poised to lead similar efforts at the FAS, which relaunched its Resources Committee in spring 2025 and created a committee to consolidate staff positions amid massive federal funding cuts.

As part of its planning process, the committee has quietly brought on external help. Over several months, consultants from McKinsey & Company have been interviewing dozens of administrators and staff across the FAS.

Petrofsky will also likely have a hand in other cost-cutting measures across the FAS, which is facing a $365 million budget deficit. The school has already announced it will keep spending flat for the 2026 fiscal year, and it has dramatically reduced Ph.D. admissions.

In her email, Hoekstra praised Petrofsky’s performance across his career.

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“Warren has emphasized transparency, clarity in communication, and investment in staff development,” she wrote. “He approaches change with steadiness and purpose, and with deep respect for the mission that unites our faculty, researchers, staff, and students. I am confident that he will be a strong partner to me and to our community.”

—Staff writer Amann S. Mahajan can be reached at [email protected] and on Signal at amannsm.38. Follow her on X @amannmahajan.

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Where in California are people feeling the most financial distress?

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Where in California are people feeling the most financial distress?

Inland California’s relative affordability cannot always relieve financial stress.

My spreadsheet reviewed a WalletHub ranking of financial distress for the residents of 100 U.S. cities, including 17 in California. The analysis compared local credit scores, late bill payments, bankruptcy filings and online searches for debt or loans to quantify where individuals had the largest money challenges.

When California cities were divided into three geographic regions – Southern California, the Bay Area, and anything inland – the most challenges were often found far from the coast.

The average national ranking of the six inland cities was 39th worst for distress, the most troubled grade among the state’s slices.

Bakersfield received the inland region’s worst score, ranking No. 24 highest nationally for financial distress. That was followed by Sacramento (30th), San Bernardino (39th), Stockton (43rd), Fresno (45th), and Riverside (52nd).

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Southern California’s seven cities overall fared better, with an average national ranking of 56th largest financial problems.

However, Los Angeles had the state’s ugliest grade, ranking fifth-worst nationally for monetary distress. Then came San Diego at 22nd-worst, then Long Beach (48th), Irvine (70th), Anaheim (71st), Santa Ana (85th), and Chula Vista (89th).

Monetary challenges were limited in the Bay Area. Its four cities average rank was 69th worst nationally.

San Jose had the region’s most distressed finances, with a No. 50 worst ranking. That was followed by Oakland (69th), San Francisco (72nd), and Fremont (83rd).

The results remind us that inland California’s affordability – it’s home to the state’s cheapest housing, for example – doesn’t fully compensate for wages that typically decline the farther one works from the Pacific Ocean.

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A peek inside the scorecard’s grades shows where trouble exists within California.

Credit scores were the lowest inland, with little difference elsewhere. Late payments were also more common inland. Tardy bills were most difficult to find in Northern California.

Bankruptcy problems also were bubbling inland, but grew the slowest in Southern California. And worrisome online searches were more frequent inland, while varying only slightly closer to the Pacific.

Note: Across the state’s 17 cities in the study, the No. 53 average rank is a middle-of-the-pack grade on the 100-city national scale for monetary woes.

Jonathan Lansner is the business columnist for the Southern California News Group. He can be reached at jlansner@scng.com

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