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Predatory lending can be a sneaky trap, and it's essential to know how to avoid it. High interest rates and fees can quickly add up, making it difficult to pay off loans.
Some predatory lenders target people with poor credit, charging them exorbitant interest rates and fees. In fact, some lenders have been known to charge interest rates as high as 300% or more.
To avoid these types of lenders, it's crucial to do your research and read the fine print. A good rule of thumb is to look for lenders that are licensed and regulated by the government.
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High Interest Rates and Fees
High interest rates and fees are two common warning signs of predatory lending. If an offer seems extremely low or too good to be true, it probably is.
Research current mortgage interest rates before applying for a loan to get a good sense of what to expect. A lender with an unusually high interest rate is a red flag.
The annual percentage rate (APR) is a key metric to watch out for. It includes the costs of fees, so a low interest rate with high fees can still be predatory.
Predatory lenders might charge excessive prices for closing costs or other fees. Pay attention to vague-sounding items on your loan estimate, like "administrative fees", and ask what they're for.
Inflated fees and charges are a common tactic used by predatory lenders. They might hide these fees in fine print or encourage you to refinance into a larger loan with higher interest rates and fees.
Here are some key differences between a predatory lender and a consumer-friendly lender:
A consumer-friendly lender will check your credit and ability to repay a loan, lend you amounts that match your financial need, and clearly disclose the total cost of taking the loan.
Predatory Lending Practices
Predatory lending practices are designed to take advantage of unsuspecting borrowers. They can be disguised as legitimate loans, but the truth is often hidden in the fine print.
Some common types of predatory lending practices include failure to disclose information about interest rates or repayment times, disclosing false information, risk-based pricing, and inflated charges and fees. These practices are often used to camouflage the true cost of the loan.
Lenders are required to state the loan's annual percentage rate, which is the sum of the interest rate plus upfront fees, before you sign a loan agreement. If this information is missing or hidden, it's a red flag.
Predatory lenders often charge high rates, typically well above 100% APR, and structure loans with high upfront fees. This can make it difficult for borrowers to pay back the loan within the given term.
Here are some warning signs to watch out for:
- The lender doesn't ask for information about your existing debts and income.
- They push you to take a bigger loan amount than you asked for.
- They offer balloon or lump-sum payments instead of fixed monthly payments.
- They encourage repeat borrowing or extending the loan.
Loan churning is another common predatory lending practice. This occurs when a lender makes a loan that the borrower can't afford, and then offers a new loan with another set of fees when the debt isn't paid. This can create a cycle of debt that's difficult to escape.
Loan Terms and Conditions
Predatory lenders often disguise interest rates as high as 400% APR in murky financial jargon.
Some predatory lenders offer loans with confusing terms that are difficult to understand. These lenders may promise fast cash, but the true price and terms are only revealed later.
Predatory lenders can profit from a shady loan, and also from the sale of a foreclosed home if the borrower defaults, since homes loans are backed by a borrower's real property.
Consider reading: Truth in Lending Act Trigger Terms
Prepayment Penalty
Prepayment penalties can be a sneaky fee that lenders charge when you pay off your mortgage before the end of the loan term.
Federal law limits prepayment penalties on most mortgages, so if your loan includes one, ask your lender to clarify why it's there.
Lenders must disclose prepayment penalties in your billing documents, but don't expect them to make it easy for you to find the disclosure.
Up to 80% of subprime mortgages have abnormally high prepayment penalties, which can be a major issue if you want to refinance to take advantage of better interest rates.
Many prepayment penalties are for 2% of the amount owed, which can add up quickly.
Predatory lenders don't like prepayment penalties because they deprive them of the interest payments they expected.
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Balloon Payments
A balloon payment is a lump-sum mortgage payment that can be devastating if you're not prepared for it.
These payments are often charged after a certain period, and they can be huge. In fact, they can be so big that if you can't pay them, you could lose your home.
You might start with a loan that has a low interest rate and low payments, but then get hit with a massive balloon payment. This can be a nightmare to deal with, especially if you're not expecting it.
In some cases, lenders will offer to refinance the loan into a new mortgage with a fixed interest rate, but this can involve more fees for the lender.
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Choose Your Debt Amount
Predatory lenders don't care about a person's ability to repay debt.
Predatory lenders typically target minorities, the poor, the elderly, and the less educated, preying on people who need immediate cash for emergencies like paying utility bills or medical bills.
They also target borrowers with credit problems or who have recently lost jobs, offering the promise of fast cash with baiting tactics and high interest rates.
Predatory lenders disguise interest rates as high as 400% APR in confusing financial jargon.
Predatory lenders have invaded the home-mortgage business, profiting from shady loans and the sale of foreclosed homes if the borrower defaults.
The government regulates the loan industry, but predatory lending skirts many rules.
Types of Predatory Loans
Predatory loans come in many forms, but some are more notorious than others. Payday loans, for instance, can be extremely expensive, with interest rates that range from $10 to $30 for every $100 borrowed.
These loans can quickly spiral out of control, especially if you're unable to repay them on time. A $500 loan, for example, could include an extra $50 to $150 in fees, which can add up quickly.
Some predatory lenders will also require you to give them your bank account information or write a check for the full amount upfront. This can lead to overdraft charges and damage to your credit score if you're unable to repay the loan.
Here are some common types of predatory loans:
Remember, these loans are often marketed as quick fixes for emergencies, but they can quickly become debt traps. Be cautious and do your research before taking out any loan.
Packing
Packing is a sneaky way lenders trick you into paying for unnecessary financial products. Loan packing occurs when a lender adds these products to your mortgage, like credit or mortgage protection insurance, which pays off your mortgage at death, even if you didn't ask for it.
Your monthly payment should shave off interest and some of the principal balance on your loan, unless you willingly took out a loan that allows you to pay off interest first. This is not always the case, so be sure to check your loan terms.
Unnecessary products like credit insurance are added into the cost of a loan, making it more expensive than it needs to be. This is just one example of loan packing.
The best type of loan is a "prime" one, offering the lowest interest rates to well-qualified borrowers. This is not a guarantee, but it's a good starting point for finding a fair loan.
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Types of Predatory Loans
Loan flipping is a type of predatory loan where a lender refinances your loan into one with a higher interest rate and a longer term.
A reputable lender would advise against refinancing unless it helps you financially, but predatory lenders may recommend refinancing multiple times to make more money off you.
Payday loans are a common example of predatory lending, with high fees and short repayment terms. They often charge $15 in fees for every $100 borrowed, which can quickly add up.
Most borrowers are not able to repay payday loans by their next payday, leading to rolled-over loans and even more fees. In just four weeks, you can accumulate $120 in fees on a $400 loan.
Payday loans are typically short-term, high-interest loans for small amounts, usually due on your next payday. They often require you to give the lender your bank account information or write a check for the full amount upfront.
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Payday Loans
Payday loans are short-term loans, usually for $500 or less, that are due on your next payday. These loans are often touted as quick help for an unexpected emergency, but the reality is that they come with extremely high interest rates, typically $15-$25 for every $100 borrowed.
The APR on payday loans can be as high as 400%! This is in addition to outrageous finance charges and other fees. To put this into perspective, the average interest rate on a credit card is around 21%.
Payday lenders often operate out of storefront offices in low-income neighborhoods, preying on people who are desperate for cash. They usually require borrowers to give them bank account information or write a check for the full amount upfront, which the lender then cashes when the loan is due.
If you're unable to pay the loan on time, the lender may try to withdraw the money from your account multiple times, leading to overdraft charges from your bank. This can quickly spiral out of control, with fees adding up quickly.
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Here's an example of how quickly fees can add up:
As you can see, the fees can quickly add up, making it difficult to pay back the loan. Make sure to calculate the APR before taking a loan of any kind, and be aware of the potential risks involved.
Auto Title Loans
Auto title loans are a type of loan that can be extremely problematic. To secure one, you give the lender the title to your vehicle, which can be a huge risk.
These loans typically come due in 30 days, which can be challenging to pay back, especially if you're already struggling financially. High interest rates and fees are common, making it even harder to repay the loan.
If you can't repay the loan, the lender takes your vehicle, leaving you without a car and potentially causing more financial difficulties. This can be devastating, especially if you rely on your vehicle for work or other essential activities.
High borrowing fees are another issue with auto title loans, sometimes reaching as high as 25% of the amount you borrow. This can quickly add up and make it even harder to pay back the loan.
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Balloon Mortgages
A balloon mortgage is a type of loan that can put you in a difficult financial situation. You'll often start with low payments, but then face a large balloon payment that can be overwhelming.
The lender may offer to refinance the loan into a new mortgage with a fixed interest rate, but this can involve more fees for the lender.
If you can't pay the balloon payment, you could lose your home. This is a serious consequence that can be avoided by being cautious of balloon mortgages.
The lender will often talk you into refinancing the mortgage with lower payments upfront, but with big payments later. This is a classic predatory lending tactic.
Additional reading: How to Record Loan Payments in Quickbooks Online
Frequently Asked Questions
How many states have predatory lending laws?
25 states have anti-predatory lending laws in place to protect consumers, while 35 states limit penalties for paying off loans early
How to sue for predatory lending?
To sue for predatory lending, gather loan documents, financial records, and witness statements that prove the lender's wrongdoing. These documents will serve as evidence to support your case and help you seek justice.
What is predation in finance?
Predatory lending occurs when lenders or financial service providers deceive or take advantage of borrowers, leading them into unfavorable transactions. This can involve various professionals, including lenders, brokers, and contractors, who prioritize their own interests over the borrower's well-being.
Sources
- https://www.bankrate.com/mortgages/predatory-lending-what-it-is-and-how-to-avoid-it/
- https://www.debt.org/credit/predatory-lending/
- https://www.achcd.org/for-county-residents/beware-of-predatory-lending/
- https://www.consumeradvocates.org/for-consumers/predatory-lending/
- https://www.nerdwallet.com/article/loans/personal-loans/what-is-predatory-lending
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