...“There is no simple definition of predatory lending. Predatory practices are not defined in federal law, and states differ in the way they define predatory lending practices.” However, there are some key indicators that are considered predatory. Some of these indicators include excessive interest rates, equity stripping, and credit insurance products that are financed upfront. One of the most commonly used predatory loan practices is loan flipping. Loan flipping occurs when a loan is frequently refinanced with new loan fees, continually adding to the loan amount despite a borrower’s payments on the loan. (Eggert, 2002) Financing companies use this technique to charge pre-payment penalties, along with new origination fees. It is advantageous to financing companies to use this technique when a borrower becomes delinquent on a home loan because they offer borrowers the opportunity to bring their loan current. (Eggert, 2002) However, they not only add a significant amount to the original loan amount, but also to the borrower’s currently monthly payment. This form of predatory lending may coincide with equity stripping, as every time a loan is “flipped” it continually strips borrowers of their equity, making it more difficult for them to pay their loan off, and essentially leading to inevitable foreclosure. With equity stripping and loan flipping, the practice of “packing” is coincidentally complementary in terms of predatory lending. Packing is...
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...Subprime Lending Discuss in detail the event, the people involved, and its background and impact of America. Before 1930, features of Housing loans presented significant challenges. To obtain a home loan a down payment of half the value the house was required. Further issues with these loans were large balloon payments and short maturities. The pricing for mortgage loans varied widely due to no nationwide housing market. The main funding for these loans was provided by life insurers, thrifts, and commercial banks. By 1932, a housing crisis was wreaking havoc on home loans. The estimated defaulted loans were rising to twenty –five percent. In response to this crisis, the FHL Bank System was designed to provide relief to lending institutions and homeowners. In 1933, President Roosevelt birthed two Acts regarding the housing market. The first was the Home Owners Loan Act. This act established the HOLC, which was designed to slow down the quickly rising foreclosure rate. Under this act, long-term self-amortizing fixed rate mortgages became the new norm. The second act in the New Deal was the National Housing Act. The FHA was created in this act. This protective measurement was used to help the lenders maintain foreclosed homes by adding automatic insurance payments to active loans. The FHA also expanded the use of a fixed rate long-term home loan. In 1938, the American government formed Fanny Mae to provide a secondary market for home mortgages. This secondary market gave...
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...Predatory Lending: The Sub-Prime Mortgage and Payday Industry Andrew Huppman Bloomsburg University Author Note This paper was prepared for Markets and Institutions, Finance 323, taught by Professor Geyfman Abstract Predatory lenders are growing at an alarming rate; in this paper I will provide an examination of predatory lending patterns and the effects on the markets and consumers. Predatory lending is defined as the practice in which a loan is made to a borrower in the hope or expectation that the borrower will default. (Predatory, N.D.) The market for short-term loans have only been around for the past twenty years, however, has expanded at such a rate that there are now more short-term lenders in America than there are Starbucks and McDonald’s. (Center, 2011) Borrowers of this financial service lack necessary information to choose financial products, do not see themselves as having any other financial options, and are enticed by the ease of approval. Predatory lenders are not concerned with the risk. A subprime loan can be approved with as little as proof of a pay stub and requires no credit checks. Most loans are short term which tricks consumers into believing their costs will be minimal. In reality, these short-term rates force borrowers to pay annual percentage rates (APR) exponentially larger than anticipated. In today’s market there is a wide variety of predatory lending practices. The main culprits are predatory mortgage lending practices and payday loans...
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...Defining Subprime Lending The problem to be investigated is the effect of subprime mortgage loans on the economy. According to Merriam Webster subprime is defined as having or being an interest rate that is higher than a prime rate and is extended especially to low-income borrowers; extending or obtaining a subprime loan (Webster, 2012). Subprime mortgage loans are loans given to people with a low credit score. Subprime borrowers normally don’t qualify for prime loans or prime lending. According to Jennings, the subprime mortgage market is defined to include those borrowers with a FICO (Fair Isaac Co.) score below 570 (Jennings, 2012, p. 434). The American Dream Home ownership has always been a big part of the “American Dream.” It allows you to have your piece of “the rock.” It gives one the ability to invest in your community. This need to have a piece of the American dream not only drives the average American to capitalize, it also drives mortgage lenders to take their portion of your dream as well. Initially, this relationship tends to have win/win connotations; however, true colors eventually prevail when dealing in subprime mortgage loans. Subprime Lenders It seems subprime lenders never call themselves just that. You have to be aware of the enormously high prices; prices much higher than your prime lenders. Subprime lenders based their rates and fees on the same factors as prime lenders. For example, rates were higher the lower the credit score and the...
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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...
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...Unit VII Case Study Columbia Southern University Citigroup and Subprime Lending 1. Are there moral concerns associated with subprime lending? Are those moral concerns based on utilitarianism, rights, or justice considerations? Sub-prime lending is a process of giving loans to those who otherwise would not qualify for conditional loan because of poor credit history. There is high risk involved in such loans and therefore, it is offered at high interest rates. It is risky both for the lender and the borrower. There's certainly a private responsibility with regards to a person taking on commitments that will require repaying money borrowed from a person or from an institution. A significant requirement for the borrowers’ part to understand what he or she is getting into to. However, sub-prime lending does have moral concerns. The borrowers are not qualified for regular loans, but they may need it. They are ready to take loans at higher interest rate because they need it and sub-prime lending seems to be a better option to them. The mortgage crisis in the United States was viewed as having good intended utilitarian motives by the corporate world and public policy makers to provide mortgage loans to at risk customers. Utilitarianism is defined by Velasquez (2006) as that initiative that place goodwill the behalf as many people possible. It does well to both lender and the borrower and consequently...
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...Predatory Lending Practices Predatory lending was once a major problem in the United States. This was one of the reasons for the credit crisis in 2008. Unfortunately there were a few companies that were involved in these illegal practices which will be discussed in further detail later. There are different tactics used in predatory lending and several laws were developed to help prevent future predatory lending issues. What is predatory lending? Predatory lending is any lending practice that imposes unfair or abusive loan terms on a borrower. It is also any practice that convinces a borrower to accept unfair terms through coercive, deceptive, exploitative, or unscrupulous actions for a loan that a borrower can’t afford, doesn’t need, or doesn’t want. Predatory lending benefits the lender, not the borrower by ignoring or hindering the borrower’s ability to repay the debt. These lending tactics attempt to take advantage of a borrower’s lack of understanding about loans, terms, or finances in general (Krulick, 2014). Who can be targeted in these illegal practices? Predatory lenders typically target minorities, poor, elderly, and less educated people. People who need immediate cash are also targeted. For example people that need to pay medical bills, need to make a home repair, or someone that needs help making a car payment. People with credit issues or people who recently lost their jobs can be targets as well. The credit issues often disqualify borrowers from conventional loans...
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...Predatory Lending Practices The American dream is often coupled with the idea that success is achieved through home ownership. However, with changing times and changing economic status, it has been a dream far from tangible to many American citizens. With many people striving for a taste of prosperity, it has become apparent what some people are willing to do to achieve such a dream. It is also apparent that some people are willing to facilitate such achievements even through dishonest means. Predatory lending practices have appeared, enticing borrowers with loans to fund home purchases with the attachment of detrimental consequences. While convenient in the short run, borrowers are often left with no equity or prosperity due to predatory lending practices such as equity stripping, loan flipping, packing, and balloon payments. Some lenders have no expectations in their borrowers to repay a loan approved to them in a form of predatory lending called “equity stripping.” In this form of predatory lending, foreclosure on a home is inevitable, yet financing companies will approve these loans. Equity stripping also occurs when lenders charge excessive fees that include money collected in cash up-front, amounts financed into the loan at closing, and fees paid later. (Stein, 2001) The components that facilitate this practice of predatory lending include: 1) financed credit insurance, 2) exorbitant fees, and 3) pre-payment penalties on subprime loans. (Stein, 2001) If the borrower...
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...Journal of Business Case Studies – November/December 2009 Volume 5, Number 6 Payday Lending: Perfunctory Or Predatory? Annie Schafter, University of Minnesota, USA Shee Wong, University of Minnesota, USA Stephen B. Castleberry, University of Minnesota, USA ABSTRACT Payday lenders are becoming more common across America as they meet the unique needs of consumers unable or unwilling to use the services of more traditional lenders. But many have claimed that certain of their practices are unethical. Do payday lenders take advantage of those less fortunate in our society? Are their fees exorbitant, or are the fees merely a fair return given the risk the payday lenders are incurring? This case looks at these and other issues surrounding the payday lending industry. Keywords: payday lending, finance, interest rate, ethics INTRODUCTION I n the last 15 years, cities around America have seen a dramatic rise in the number of payday lending stores open for business. Today there are over 22,000 payday lenders operating in the 39 states where payday lending is legal. To put that number in perspective, there are 13,700 McDonald‟s and 7,300 Burger Kings in the U.S.—simply put, there are more payday lenders than McDonald‟s and Burger Kings combined (Weston). But why? As traditional financial institutions tighten up loan requirements and drop smaller, less profitable loans from their books, payday lenders feel they are filling a substantial need in the communities they serve. They make...
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...Syndicated Lending 6th ed has been substantially revised to take account of market developments since 2008 with a number of new supplements. It covers all aspects of the syndicated loan market including the history of the market, landmark transactions and its future. It combines a practical guide to all stages of a syndicated loan transaction with a deeper analysis of the structure of the market. What are the key benefits of this book? Everything you need to know about syndicated lending is in one place. The book is a practical guide to the subject. Armed with the book the reader would have all the information needed to be able to bid for and win a mandate, price the deal, document it and close syndication. It covers the legal and economic issues comprehensively. All the contributors are leading practitioners in today's markets including lawyers, bankers from every relevant banking discipline (origination, syndicate, sales, transaction management, agency), IT providers, information platform professionals. This new edition includes the following: - Extensive statistical information on the history of the market and current market trends - Case studies on two example transactions (a corporate backstop facility and an acquisition finance facility) involving extensive analysis of tactics for bidding for mandates and of all-in costs of transactions - Sample term sheets for both transactions with guidance notes plus a sample facility agreement for one of the transactions...
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...Abstract This study focuses on demand of P2P market among SMEs and consumer market. The researcher has developed a framework based on how peer to peer lending platforms are important for SME’s and what are the governmental regulations to promote online lending platforms, how SMEs play an important role in the development of economy, how important is the peer to peer platform to them and the future position of peer to peer market in Singapore. The focal point lies on the demand of peer to peer lending platforms among small and medium enterprises and consumer market. The study illustrates a high demand of peer to peer lending among small and medium enterprises regardless of less security of investment. This study also includes risk and regulations associated with peer to peer lending and the impact of social behaviours and social connections on the decision of investors related to investment in online platforms. Acknowledgement I owe a debt of gratitude for working adults and SMEs for providing me accurate data and their feedback regarding their loan preferences. I would like to thank all for their precious time and respond. As this work would not be possible without their time and effort. Tables of Contents 1.0. Introduction 4 1.1. Peer to peer lending platform 5 1.2. Background of the research 7 1.3. Objectives 8 1.4. Research Rationale 9 2.0. Literature Review 9 3.0. Research Methodology 19 4.0. Data analysis 21 5.0. Results and Finding...
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...Economic effects of subprime lending A subprime lending is an option for individuals that have difficulty meeting mortgage payment schedules or for individuals who have low credit scores and considered risky borrowers. For example, an applicant with a low credit score of 500 will have a very difficult time locating a loan. Subprime lending comes with a high cost to borrowers. Lenders see bad credit applicants as riskier than applicants with better credit scores. Borrowers in turn pay for this risk by accepting loans with a higher interest rate. Subprime lenders offered the realization of the American dream of home ownership to borrowers who would otherwise be denied credit. Interest only loan options were offered, and combined with the mortgage-backed securities (MBS) added so much liquidity that in turn created a housing boom. Over time borrowers end up paying higher interest rates with zero payment application against their loan amount. Unemployment setbacks that ultimately resulted in defaults, added to the economic crisis. Consequently, more homes were placed in a market that is already saturated with newly constructed homes. This created less demand resulting to more houses that builders were unable to sell. Controls of banking rules and regulations during the 1980’s were relaxed, and monitoring policies for these were not the highest priority. Jimmy Carter’s “Depository Institutions Deregulation and Monetary Control Act of 1980” was a window for financial institutions...
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...Flash a red light on reckless lending Vince Cable argues in his article that the Financial Services Authority’s overlook on mortgages doesn’t go far away in to preventing a return to banks’ uncontrollable excesses. According to the Mortgage Market Review, “in a free society, borrowers and banks alone should be responsible for their actions” (Vince Cable). From other side author claim that “we are not operating in normal times or in normal industry” (Vince Cable) and the banking system is far away from perfect nowadays. Banks are ready to advance mortgages to borrowers with questionable credit worthiness make people believe that the increase of their property prices will be constant, and their savings are protected. Consequences are not considering which leading to shareholders loss and depositors are looking for a reduction in income. There is still great demand for mortgages; banks are keeping their offerings in terms of loan-to-value ratios. As the housing market has not adjusted and cyclical patterns of boom and attacks are periodically occur, the banking systems should not return to the former lending practices. What in author opinion should be done, is “to recapture the old-fashioned building society model of lending that was lost in the feeding frenzy after demutualisation: lending with care and treating borrowers with respect”(Vince Cable). In order to ensure safety and make lenders liable for a proper assessment of their capability to pay, the stiffed verification...
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...“The volatile bond and equities market, the challenging banking and financial environment and the weakening ringgit brings both good and bad implications to banks and other organizations”. Discuss the role of treasuries in sustaining shareholders value in the light of the above statement. The increasingly volatile global bond & equities market, challenging bank and financial environment and the weakening in Ringgit had brought a significant amount of good and bad effect to the banks and other organization in the country. It is vital for treasuries to investigate the cause and evaluate the effect of these issues to their daily operation to ensure the right strategy could be employed. Recently, volatility in global financial market hiked to its highest level since 2011 mainly due to the rapid dramatic changes in the global equities market and its contagion effect on the global bond market. According to Irwin (2015), the root of cause of this global volatility outburst was mainly China. The main reason for a slide in Chinese stock market that impacted the global market would be the concern regarding the health of the nation’s economy due to the effort of transition from an investment and export led boom economy to something more sustainable in long term by the Chinese government. Besides, the surprise move by Chinese government to devalue its currency in part of an effort to align the Yuan with market forces also contributed greatly in the volatility (The Associated Press...
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...available, resulting in information asymmetries that make accurate credit risk assessment difficult. In addition, while agricultural client’s major assets are production and land, it is often difficult for banks to use these as collateral, and particularly difficult to foreclose on land in case of default. Compounding this lack of traditional collateral is the presence of a high degree of covariate risk, in particular market price risk and weather risk. Banks lending to agricultural clients know that agricultural and rural revenues easily drop below break-even levels due to extreme weather events and price falls, which result in defaults and higher loan loss provisions, thereby making lending to agribusiness unprofitable. The second major constraint in agricultural lending, high transaction and supervisory costs, is due to the particular risk, nature, and characteristics of the rural sector. In all financial markets, there is a trade-of between minimizing loan default and supervisory costs, but the nature of agricultural lending, especially through microfinance institutions, makes transaction costs and supervision costs disproportionately high relative to its urban counterpart. The small size of seasonal agricultural credit results in high due diligence costs per loan. The large geographical spread of customers, coupled with poor transportation and communication infrastructure, increase supervisory costs for financial institutions and compliance costs for customers. In addition, banks...
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