Home equity investment platform Hometap is facing a surge of litigation from its customers over its shared-appreciation contract product that litigants describe as “predatory and abusive.”
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Consumers accuse Hometap of violating the Truth in Lending Act, for failing to treat their product as a mortgage loan. The recent cases create
Customers have filed four class action complaints against the company in federal courts this year, two of which were filed in June. Hometap has formally responded to one of those suits,
The company has asked a judge to move one of the cases into arbitration, as mandated in its agreements with homeowners. Plaintiffs have pointed out that TILA bars mandatory arbitration provisions in mortgage agreements. Hometap in a recent filing suggested the TILA question, particularly whether its product is a mortgage, should be resolved in arbitration.
Aaron Rihn, partner at Robert Peirce & Associates, filed one of the recent complaints against Hometap on behalf of a consumer, and emphasized his argument that the contracts are subject to state and federal regulations.
“Hometap offers grossly unfair and unconscionable loans to homeowners facing financial difficulty who want to withdraw equity in their home,” he wrote in an email Tuesday.
Neither a spokesperson for Hometap nor other attorneys for the parties in the cases responded to requests for comment.
The
The accusations
New Jersey customers Ryan Billey and Keicha Greenidge sued Hometap in February, regarding the approximately $98,000 they received in an HEI contract. They described the process, in which Hometap offered a 10-year option contract based on 13% of their home’s $802,000 appraised value. The contract was underwritten without regard to their income, assets or future ability to settle, the homeowners say.
Hometap’s annualized rate of return is capped at 20%. The individuals suggest that if Hometap were to exercise its option contract today, they’d owe $177,000, well above what they received and far above what they could afford, and that Hometap company could force a foreclosure.
Billey and Greenidge described the contract as akin to a reverse mortgage without that product’s consumer protections.
Is it a mortgage?
Plaintiffs note that several of the HEI documents they received referred to Hometap as a lender, and described the transaction as a “mortgage loan” with a “borrower.”
In a motion filed last week to compel arbitration with Billey and Greenidge, Hometap said its product is not a mortgage because it doesn’t create debt or extend credit. The customers are not obligated to repay Hometap, the company argues.
Hometap entered a mortgage and security agreement to create an enforceable lien against the plaintiffs’ property, Chief Compliance Officer Adam Jaskievic wrote in a declaration filed last week. The company did not respond to a specific question as to whether the instrument clashes with Hometap’s contention that their product is a mortgage.
Next steps
Billey and Greenidge want Hometap to cease issuing their option purchase agreements, and to stop collecting on them. A New Jersey judge will hear Hometap’s motion to compel arbitration against those plaintiffs in late July.
The company has also indicated it will file to compel arbitration in a Pennsylvania suit. Similar TILA complaints were filed against Hometap in North Carolina and California on June 3 and June 23, respectively. The lawsuit against the HEI provider by the Massachusetts attorney general remains pending.
Consumers have also filed lawsuits against HEI competitor Unlock Technologies, although the company



