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March 5, 2023

by scottyprendivill

What Is Predatory Lending?

How does Predatory Lending Work

Strategies to Keep an Eye On

Types of Predatory Loans

New Types of Predatory Lending

Anti-Predatory Lending Laws

How to Prevent Predatory Lending

Predatory Lending FAQs

The Bottom Line

Personal Finance Loans

Predatory Lending

By Adam Hayes

Updated July 03, 2022

Review by Khadija Khartit

Khadija Khartit

What is Predatory Lending?

Predatory lending is the practice of imposing unfair, deceptive, or shady loan conditions on those who are borrowers. In many instances, these loans have significant fees and rates of interest that strip the borrower equity, or put the creditworthy borrower in a less rated credit (and more expensive) loan, all to the benefit of the lender.

The predatory lenders typically employ aggressive sales tactics and exploit the borrowers’ ignorance regarding financial transactions. Through deceitful or fraudulent acts and a lack of transparency, they try to or induce a borrower in taking out the loan they will not reasonably be able to pay back.

Key Takeaways

Predatory lending is any lending practice that is unfair and injurious loan conditions on the customers.

Certain aspects of predatory lending are high-interest rates, high fees and terms that deprive the borrower of equity.

COVID-19’s economic consequences caused cash-strapped customers to be a target for predatory loans.1

Predatory lending is particularly detrimental to females, Black communities, as well as Latinx communities.

Predatory lending is often used in conjunction with home mortgages.

How does Predatory Lending Work

Predatory lending refers to any unethical actions taken by lenders in order to induce, mislead, and help borrowers to take out loans they are unable to pay off in a reasonable manner or pay back at a cost that is extremely above the market rate. Predatory lenders take advantage of borrowers’ circumstances or lack of knowledge.

A loan shark, as an example, is the archetypal example of a predatory lender–someone who loans money at an extremely high rate of interest and could even threaten violence to pay back their debts. However, a lot of these loans are carried out by established institutions like banks or finance companies, mortgage brokers lawyers, real estate brokers.

Predatory lending can put numerous borrowers at risk and is particularly targeted at those with few credit options or who are at risk in different ways: people with a poor income who create regular and urgent needs to get cash in order to cover their expenses, those with low credit scores, those who have less access to education or those who are subject to discriminatory lending practices due to of their race, ethnicity or disability.

These lenders typically focus on communities where no other credit options exist and this makes it difficult for borrowers to shop around. They entice customers with aggressive sales tactics by telephone, mail, TV, radio, and even door-to door, and usually employ various devious and deceitful tactics to make money.

The lender benefits from predatory lending and ignores or hinders the borrower’s ability to pay back the debt.

Predatory Lending Tactics to Watch For

Predatory lending is designed in the first place, to profit the lender. It is a denial or impedes the borrower’s ability to pay a debt. These lending tactics can be deceiving and attempt to take advantage of a borrower’s insufficient knowledge of the financial terminology and the regulations governing loans. They can be a result of the strategies recognized as such by Federal Deposit Insurance Corporation (FDIC) as well as a variety of others:

Excessive and abusive fees can be disguised or minimized since they are not included in a loan’s interest rate. Based on the FDIC fees of greater than five percent from the loan amount are not unusual. Excessive prepayment penalties are another example.2

Balloon payment: This is one large payment at the conclusion of the loan’s term. It is frequently employed by lenders who are predatory to make your monthly payments appear to be low. The problem is you may not be able afford the balloon payment , and you may have to refinance, incur additional expenses, or go into default.

A lender pressures the borrower to refinance, again and again and generates points and fees for the lender each time. This means that the borrower could find themselves trapped with an increasing debt burden.2

Asset-based lending and equity stripping: The lender grants the loan according to the value of your asset like a house or car, rather than on your ability to repay the loan. The risk is that you could lose your car or home if you fall behind in payments.2 Cash-strapped, equity-rich older individuals with fixed incomes might be targeted by loans (say for house repairs) which they may be unable to repay and will jeopardize their equity in their home.

Add-ons that aren’t needed, such as single-premium life insurance for mortgage.

The steering: Loan lenders steer customers into costly subprime loans even if their credit rating and other aspects make them eligible to be eligible for the prime loans.

Reverse redlining: Redlining the housing policy that discriminated against people of color and effectively prevented Black families from receiving mortgages, was ended with the Fair Housing Act of 1968.34But redlined areas are still filled with Black and Latinx communities.5 In some instances, a reverse redlining, they’re often targeted by predatory and subprime lenders.

Common types of predatory loans

Subprime Mortgages

Classic predatory lending revolves around home mortgages. Since home loans are backed by the homeowner’s real estate A predatory lender could make money not just from loan conditions that are stacked in their favor , but also from the sale of a foreclosed home in the event that a borrower is in default. Subprime loans aren’t always risky. Their higher rates of interest banks argue represent the higher cost of lending riskier to consumers with flawed credit. Even if they are not using deceitful practices Subprime loan is riskier for borrowers because of the tremendous financial burden it creates. The rapid growth of subprime loans resulted in the possibility of predatory lending.6

When the housing market crashed as well as a crisis in foreclosure triggered the Great Recession, homeowners with subprime mortgages became vulnerable. Subprime loans came to represent an disproportionate proportion of foreclosures on residential properties. Black and Latinx homeowners were especially affected.

Predatory Lenders

Mortgage lenders who were predatory had targeted them aggressively in predominantly minorities’ neighborhoods regardless of financial status or creditworthiness. Even after adjusting for credit score and other risk factors such as loan-to-value (LTV) ratios as well as subordinate liens and debt-to-income (DTI) ratios, data indicates that Black Americans and Latinos were more likely to get subprime loans at higher costs.

Women too were targeted in the boom in housing that ended massively during 2008 regardless of their earnings or credit ratings. Black females with high earnings were five times more likely than white males with similar incomes to be eligible for subprime loans.7

Predatory lenders typically concentrate on vulnerable populations, such as those struggling to make ends meet; people who have just lost jobs and those who are denied the opportunity to avail a wider array of credit choices due to unlawful reasons, like discrimination based on lack of education or an older age.

Settlements

In 2012, Wells Fargo reached a $175 billion settlement with the Justice Department to compensate Black and Latinx borrowers who qualified for loans and were assessed higher fees or rates or improperly diverted into subprime loans.8 Other banks also paid settlements. But the damage to families of color lasts. Homeowners not only lost their homes but also the chance to recoup their investment was lost as housing prices climbed upwards, adding once more to the wealth gap.

In October 2021 the Federal Reserve (Fed) revealed that on average, Black and Hispanic or Latino households make about 50% less than the average white household and own only about 15 20 to 20% of the net wealth.9

Payday Loans

In the payday loan industry lends billions of dollars each year in small-dollar, high-cost loans as an interim measure until the next payday. These loans typically are for two weeks, with annual percentage rates (APR) ranging from 390% to 780%.10 Payday lenders operate online and through storefronts largely in financially underserved–and disproportionately Black and Latinx–neighborhoods.1112

While there is a federal Truth in Lending Act (TILA) mandates that payday lenders disclose their finance charges, many people overlook the costs.13 Most loans are that last for 30 days or less and help customers meet short-term financial obligations. The loan amounts for these loans are usually between $100 and $1,000, with $500 being common. The loans usually can be extended for additional fees, and a lot of borrowers–as high as 80% of them–end up as repeat customers.14

There are new charges added each time a payday loan is refinanced, the amount of debt could quickly become out of control. A 2019 study found that using payday loans doubles the rate of personal bankruptcy.15 There have been numerous court cases have been brought against payday lenders, since laws regarding lending have been put in place in the wake of the financial crisis of 2008 to establish a more open and fair the lending industry for customers. However, research suggests that the market for payday loans has only expanded since 2008 and was booming in the period of the COVID-19 pandemic.16

If a lender tries to rush you through the approval process, does not answer any of your questions, or suggest that you borrow more money than you’re able to pay Be wary.

Auto-Title Loans

They are one-time loans that are based on a percentage of your car’s value. They come with high interest rates and the requirement to surrender the title of your vehicle and a spare set of keys to be used as collateral. For the one in five borrowers who have their vehicle seized due to inability to pay back the loan the loan, it’s not only a financial loss, but can also threaten access to jobs and the care of the family.17

New Types of Predatory Lending

There are new schemes popping up in the known as gig economy. For instance, Uber, the ride-sharing service, signed a $20 million settlement in 2017 with the Federal Trade Commission (FTC) in 2017 and partially in relation to auto loans with unclear credit terms, which the platform extended to its drivers.18

In addition, a number of fintech companies are launching products called “buy now, make payments later.” These aren’t always clear on fees and interest rates and can cause people to fall into an unsustainable debt cycle that they will not be able escape.

Are there any efforts being made to combat Predatory Lending?

To protect consumers, many states have anti-predatory lending laws. Certain states have banned payday lending completely, while others have set limits on the amount lenders can charge.192021

The U.S. Department of Housing and Urban Development (HUD) and the Consumer Financial Protection Bureau (CFPB) have also taken steps to combat lenders who are predatory. However, as the changing policy that the latter organization indicates that rules and regulations are subject to change.

In June 2016 In June 2016, the CFPB issued the final rule that established stricter regulations regarding the underwriting of payday and auto-title loans.22 After a change in direction in July 2020, the CFPB removed the rule and delayed further actions, significantly weakening federal consumer protections against these predatory lenders.2314

How to Avoid Predatory Lending

Educate yourself. Becoming more financially literate helps borrowers identify red flags and stay clear of questionable lenders. The FDIC offers tips to protect yourself when taking out the mortgage, as well as instructions for canceling the private mortgage insurance (PMI) (paid for by you, it’s meant to protect the lender).13 HUD also provides advice on mortgages , and CFPB provides guidance regarding payday loans.2425

Shop around for your loan before signing the dotted line. If you’ve had to deal with discrimination in lending previously, you’ll desire to get the process over quickly. Don’t let lenders win this time around. Comparing offers gives you an advantage.

Consider other options. Before you commit to a high-cost payday loan, consider turning to family and friends as well as your local religious group or public assistance programs that will not cause the same financial damage.

What’s the best example for Predatory Lending?

If a lender tries to profit from an individual borrower and bind them to unreasonable or inflexible loan terms, it can be considered to be predatory lending. The indicators of a predatory lender include aggressive solicitations, excessive cost of borrowing and high prepayment penalties. large balloon payments, and being urged to constantly switch loans.

Is the practice of predatory lending a crime?

In the theory of things the case, in theory. If you’re lured to take out a loan that carries higher fees than your risk-based profile would warrant or you’re not likely not to pay it back, you have potentially been the victim of the crime. There are laws to protect consumers from lenders who are predatory, but a lot of lenders still escape prosecution, partly because consumers don’t understand their rights.

Can I Sue to recover Predatory Lending?

If you can prove your lender broke the laws of your state or federal such as those governed by the Truth in Lending Act (TILA) If you believe that your lender violated federal or local laws, you might be interested in filing a lawsuit. It’s never easy going against the financial institution that is wealthy. However, if you can show proof that this lender broke rules, you have an excellent chance of being compensated. As a first step, contact your state department of consumer protection.

The Bottom Line

Predatory lending is any lending method that is characterized by unfair and unfair loan terms on the borrower such as high interest rates, high fees and terms that strip the person who is borrowing the money of equity. These lenders usually employ the use of deceit and aggressive sales tactics in order to get their customers to take out loans they cannot afford. In many cases they target the most vulnerable people.

Predatory lenders aren’t all loan sharks. The majority of these loans are carried out by more established institutions like banks as well as finance companies, mortgage brokers attorneys, lawyers, or real estate agents. The subprime boom in the years leading up to 2008 is, in some ways, an example of precarious lending.26

Education and research are crucial to avoiding predatory loans. You must be aware of the loan agreements you sign and estimate the amount you’ll have to pay. However, If you’re fooled into accepting the loan which has higher costs than your risk profile warrants or is unlikely not to repay it, you may have been the victim of an offense.

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