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Predatory Lending

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Predatory lending is directed at borrowers in the subprime sector, who do not qualify for conventional loans. These loans have high interest rates and fees due to the higher risk to the lender. Predatory lenders target the financially vulnerable, specifically the elderly, the poor or racial minorities. Many of their targets could have qualified for a regular prime loan at much lower interest rates. This difference in interest rates would mean thousands of dollars saved by the homeowner. Predatory lending practices can leave victims homeless while the lenders make profits. (Pridgen, 2005)
The U.S. Government Accountability Office (GAO) defines predatory lending as transactions that contain terms and conditions that ultimately harm borrowers. (Bond, Musto, & Yilmaz, 2009) Determining who benefits in the financial transaction helps to determine whether or not a transaction can be labeled as predatory. When a borrower does not benefit, the mortgage is viewed as a predatory lending practice.
Predatory lenders often use aggressive sales tactics to compel borrowers into refinancing when the financing terms are not in the borrower’s interest. They pack excessive fees into the transactions, such as insurances, prepayment penalties, and yield spread premiums. (Pridgen, 2005)
A refinanced mortgage can be filled with excessive, unnecessary fees. A predatory lender typically adds them into the loan amount to disguise them. The most common extra charge is insurance, including mortgage, fire, hazard, life, disability, and health insurance. Insurance premiums are added in to the loan, hiding it from the borrower. The lender receives large commissions every year on the insurance premiums paid. Predatory lenders make their money by adding extras.
In 2001, Yasmeen El, a 61 year old woman in Philadelphia, received an unsolicited check in the mail from Household Finance for $4,000. Yasmeen needed money to repair her roof, so she deposited the check. Four days later, the local Household Finance office called her to come in to sign additional paperwork.
While she was in the office, the loan officer convinced her to purchase credit insurance. She was told it would only be $160.80 for 60 months of coverage. The loan officer insisted that the insurance needed to be added into the loan instead of Yasmeen paying for it up front. Yasmeen signed additional paperwork at this point.
A few days later, Yasmeen received papers in the mail that indicated she had unknowingly refinanced her $4,000 loan into and $8,000 loan, without receiving any additional money – only credit for the insurance. (Brown, 2001)
In another case, LaSalle Bank, N.A. v. Shearon, 19 Misc.3d 433 (2008), the Shearon family were also victims of predatory lenders when they decided to purchase a home in Staten Island, NY. The Shearons used Liberty Capital Mortgage to serve as mortgage brokers, providing them with financial information and shopping for potential lenders. Liberty Capital advised the Shearons they would qualify for a traditional loan with a fixed interest rate. The Shearons both had credit scores that were below 800 and a combined yearly income of $29,567.
The Shearon’s purchased a house for $335,500 on October 17, 2005. The contract included a points and closing costs of $20,000, for a total price of $355,100. Liberty Capital obtained a lender, WMC Mortgage Corp. to finance two loans with the Shearons for a total of $355,100.
Shearon alleges that he was the victim of predatory lending because he was given excessive financing on a high cost loan, with variable interest rates, without the lender's inquiry as to his ability to pay. Shearon was left with negative equity in the property.
Another example of predatory lending practices is the incorporation of an abnormally high prepayment penalty. Up to 80% of subprime mortgages have an abusive prepayment penalty, compared with only 2% of normal conventional mortgages. ("What is predatory,") This prepayment penalty is typically hidden in the fine print. A borrower wishing to refinance the subprime loan has to pay up to 5% of the original loan – using up any equity or leaving them more in debt than the original loan. This traps borrowers into keeping the subprime loan with its ridiculous terms. (Pridgen, 2005)
Loan flipping is yet another example of predatory lending. Lenders seek out a homeowner they can compel into refinancing their mortgage, with the terms having no benefit to the borrower. Initially, the homeowner does receive some money; however, it is quickly used up by the excessive fees, prepayment penalties, balloon payments and higher interest rate of the subprime refinance.
Predatory lending can take yet another form in payday lending. Payday Lenders market their service as a convenience for small loans, usually repayable in two weeks’ time. However, they are actually counting on the fact that most of their customers cannot afford to repay the loan. The result of these loans is usually the borrower being burdened with a long-term debt with outrageous interest rates, some up to 400 %. (Predatory Lenders, 2013)
Both the federal government and the banking industry are focused on the need for customer education as the best means to fight predatory lending. Educating borrowers about the basics of money management is essential. This is the only way borrowers will understand if they have other financing options or if they are being taken advantage of. (Ginovsky, 2001)

One has to ask why a borrower would agree to the terms in a predatory financial agreement. In fact, it would appear that the borrowers never actually understood the terms of their loans. Borrowers in financial distress may be more vulnerable to the predatory lender. Predatory lending, in essence, refers to mortgages financed under terms that are more detrimental to borrowers than if they were more fully informed about the loans themselves and their alternative sources of financing. (Ginovsky, 2001)

Until the lack of financial understanding is remedied in the general public, predatory lending will continue to thrive. I believe both the lender and borrower need to bear responsibility in financial transactions. The lender needs to carefully spell out all terms and conditions for the loan in a way that the borrower can comprehend. Borrowers need to become better educated on the choices they have, so they do not expose themselves to predators. Similarly, the lenders need to be held to a fiscal standard to ensure that their lending practices are ethically sound.
REFERENCES
Bond, P., Musto, D. K., & Yilmaz, B. (2009). Predatory mortgage lending. Journal of Financial Economics, 94(3), 412-427. Retrieved from http://www.sciencedirect.com/science/article/pii/S0304405X09001469

Brown, C. S. (2001, May). Predatory lending. The New Crisis, 108, 28-31. Retrieved from http://ezproxy.snhu.edu/login?url=http://search.proquest.com/docview/199611937?accountid=3783
Ginovsky, J. (2001). Predatory lending. ABA Bankers News, 9(14), 1-2. Retrieved from http://ezproxy.snhu.edu/login?url=http://search.proquest.com/docview/209658204?accountid=3783
Lasalle bank, n.a. v shearon. (2008, January 28). Retrieved from http://www.nycourts.gov/reporter/3dseries/2008/2008_28032.htm
Predatory lenders (2013, Apr 29). [Editorial] New York Times. Retrieved from http://ezproxy.snhu.edu/login?url=http://search.proquest.com/docview/1346554849?accountid=3783
Pridgen, D. (2005, October). Predatory lending: The hidden scourge of the housing boom. Retrieved from http://www.wyomingbar.org/bar_journal/article.html?id=45
What is predatory lending?. (n.d.). Retrieved from http://www.mortgagenewsdaily.com/mortgage_fraud/Predatory_Lending.asp

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