Posts Tagged ‘payday loans’

Monday, March 23rd, 2009

Warning Signs of Predatory Lending

Predatory lending can devastate consumers.

Predatory loans can come in the form of credit card agreements, mortgages, payday loans and even bank loans.

Although there’s no surefire way to make sure a loan you get is safe, but here are some warning signs that your lender is less than trustworthy.

Lack of Transparency: Any time the terms of your loan are unclear, beware. Some loans come with terms so lengthy and dense with legal jargon that the average borrower has no way of understanding them (think of your credit card agreement).

Hidden Interest: Loan-related costs with names like “fee” or “charge” are often just interest in disguise. These can take the form of “overdraft charges” from a bank, “fees” on a payday loan, or “service charges” on a credit card.

Hidden Add-ons: Some unscrupulous lenders will sneak extra services into a loan’s terms (e.g. home appraisal fees with a mortgage) without telling the borrower that such services may be available elsewhere for less money.

Outright Lies: Writing a borrower’s “stated income” and similar tricks amount only to lying on a loan form. The only way to be certain that information in your loan documents is accurate is to fill them out (or double-check them) yourself.

Redlining: Aiming loans at specific groups of people is illegal. Studies have found that subprime loans disproportionately affected women, racial minorities, less educated people and the elderly. Other groups may be targeted for other types of predatory lending.

Exorbitant Interest: Sometimes, lenders conceal how much interest they’re charging by revealing only short-term interest rates (as with credit card offers) or by disguising interest (see above). Payday loans, for example, can come with a yearly interest rate of more than 300 percent!

The Magic of Negotiation

One way to make sure you aren’t victimized by predatory loans is to know as much as you can about them – that way, you can walk away when warning signs pop up. But keep in mind, too, that part of understanding lending is understanding that almost everything is negotiable.

Asserting yourself by trying to get a lower interest rate or a discount of some kind can signal to lenders that you know what you’re doing and will not be taken in by predatory tactics. Just be sure to do some research first so you know a reasonable rate to request.

Learn more about filing bankruptcy and how it may lessen your financial stress.

While riding a a bus on Chicago's South Side last week, I noticed a particular sign amidst the CTA's ubiquitous row of advertisements offering consumers "checkbook loans."

The sign touted these loans as an alternative to payday loans and their notoriously high interest rates.

But what are "checkbook" loans?

This Chicago Sun-Times editorial hosted by the Woodstock Institute provides some insight into this "new" type of short-term loan that supposedly replaces the evil payday loan.

Illinois attempted to curtail some of the state's payday lending practices by passing the Payday Loan Reform Act in December 2005.

The act brought restrictions on terms of loans, interest rate caps and other mechanisms to prevent overborrowing.

However, payday loan stores found ways to skirt the regulations.

For example, the regulations were put in place for loans under 120 days, but payday loan stores retaliated by making over 1/3 of their loans longer than 120 days, avoiding the restrictions.

To make up for their losses under the restrictions, the companies charged even higher rates for the new loans.

Further, they began marketing the loans under new names to avoid the stigma of the term "payday loan": the new loans were often called "installment" or "checkbook" loans, according to the editorial.

The lesson here is that consumers should always pay careful attention to the terms of loans from cash advance and payday loan stores, no matter what they're called.

Don't let a little change in terminology pull the wool over your eyes. These types of loans have led people to filing bankruptcy.

A longtime champion of bankruptcy reform, Illinois Senator Richard Durbin has proposed a new bill that would create a national interest rate cap on consumer credit.

Durbin's plan would eliminate the shockingly high interest rates that some consumers find themselves being forced to pay for consumer loans like payday loans, which can come with interest rates in excess of 300% in extreme cases!

Currently, the cap for such loans on military personnel and their families is at 36%—the bill would simply apply this cap to all consumers.

While it is not certain that Durbin will be able to drum up support for this legislation—a Durbin proposal to allow judges to rework the terms of mortgage loans in bankruptcy proceedings failed recently—his latest offering shows that some lawmakers are beginning to take the economic downturn seriously and find ways to make life easier for consumers during this time.