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Predatory Lenders and California’s Foreclosure Crisis

By Richard Holober
Executive Director
Consumer Federation of California
Low-income consumers have a huge disadvantage when it comes to buying a home. Denied conventional home loans, their only avenue is the “sub-prime” credit market. These “predatory lenders” target people with bad credit records - typically offering to refinance an existing loan with one that is filled with excessive or unnecessary fees and usually provides no tangible benefit to the borrower.
These loans also often include adjustable rate mortgages with steep built-in rate and payment increases and more onerous prepayment penalties – and are usually approved with little or no income documentation required. Predatory mortgage lending drains family savings, eliminates the benefits of homeownership for a growing number of Americans, and often leads to foreclosure. Recent studies estimate that predatory market lending costs Americans $9.1 billion each year.
The Center for Responsible Lending (CRL) recently issued a report projecting a failure rate of as high as 21.4% for 2006 sub-prime loans in California, a level exceeded only by Nevada and Washington, D.C. Thousands of California consumers that were suckered into these agreements with initially fixed interest rates are now seeing their loans reset to a much higher level.
Recent data compiled by DataQuick Information Systems in January 2007, indicates that default notices jumped 145% in the last three months of 2006, accelerating a trend that began in late 2005 as home sales started to cool. Foreclosures are also on the rise - 6,078 in the last quarter of 2006 in California alone - up from 874 a year earlier.
Consumer advocates have long recognized the urgent need to curb abusive lending practices. Currently, California has no laws protecting borrowers against predator lenders. Meanwhile, states that have implemented strong consumer protections have enjoyed a drastic decrease in the number of abusive loans but with no decline in loan opportunities. This refutes industry claims that tough anti-predatory loan laws will decrease people's access to credit. Data also shows that borrowers in states with predatory lending regulations pay about the same or even lower interest rates for subprime mortgages.
It’s time for the California legislature to act. Solutions include: the elimination of incentives for lenders to make predatory loans; restrict the term and amount of allowable prepayment penalties; limit fees on high-cost loans; provide access to justice for families caught in abusive loans, including loan counseling; and ban high-interest rate loans given without requiring documentation of the borrower's income or ability to repay.
The Consumer Federation of California is a non-profit advocacy organization. Since 1960, the Consumer Federation of California has been a powerful voice for consumer rights. CFC campaigns for state and federal laws that place consumer protection ahead of corporate profit. Each year, CFC testifies before the California legislature on dozens of bills that affect millions of our state's consumers. CFC also appears before state agencies in support of consumer regulations.
Comments
The alleged "correction" above is an editorial comment by someone pretending to be me. Whoever wrote this should have the honesty to reveal his or her identity.
Richard Holober
[Ed. note: It has been removed]
Posted by: Richard Holober at April 7, 2007 12:38 AM
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