Predatory Lending Home Equity Loans Home Mortgages Mortgage Brokers
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The details change
but the horror stories are essentially the same: Homeowners sign a
contract with a non-bank finance company for a refinanced mortgage
or home equity loan, usually to consolidate bills or pay for remodeling.
They later realize that the interest rate is much higher than promised
and that the loan includes thousands of dollars in unexpected fees
that legitimate lenders don't charge. The result is a monthly payment
that's higher than before - sometimes twice as high. Unable to pay,
homeowners may eventually lose their houses to the lenders, who then
sell the homes and make even more money.
"It's just legalized
loan sharking," Robinson says. "It's like the Wild West in consumer
finance."
It's gotten so
wild, in fact, that Cleveland advocacy groups ranging from Consumer
Credit Counseling to the Better Business Bureau are being bombarded
by homeowners begging for help.
"We can't handle
all of the phone calls," says Charles "Chip" Bromley, director of
Metropolitan Strategy Group, a fair housing agency based in Cleveland
Heights. Bromley's group earlier this month filed a $10 million lawsuit
against Midwest National Mortgage Corp. on behalf of three consumers
and hopes to pursue claims against others.
"These are middle-class
people signing these loan papers. They're smart. They have educations,"
Bromley says. "But these companies misrepresent the truth."
Valerie Daniels
feels she was lied to in a big way. The 49-year-old legal assistant
with the local office of the U.S. Immigration and Naturalization Service
says she was promised a lower monthly payment when she refinanced
her Cleveland home in January.
But her interest
rate ended up at 11 percent - even though she was promised a rate
comparable to her current 7 percent rate. And the monthly payment
jumped from $500 to $700. The divorced woman is working eight hours
of overtime each week just to keep up with the payments.
"They said, We
can take 10 years off your mortgage.' They're cutting 10 years off
my life," Daniels says. "They're going to take my house."
Elaine James,
housing manager for Consumer Credit Counseling Service of Northeast
Ohio, hears constantly from frantic homeowners like Daniels, logging
an average of six calls a day.
"These companies
just want to foreclose on people's houses," James says. "Something
has got to give."
There is nothing
wrong with charging high-risk customers a higher interest rate - a
practice known as subprime lending. Subprime lending allows people
with less-than-stellar credit histories to obtain virtually any kind
of loan by paying a couple of percentage points more than lenders
would offer customers with good credit.
Banks, auto finance
companies and other lenders flocked to subprime loans in the 1990s
because of the high profit margins. In the past five years, the dollar
amount of subprime loans outstanding, including first and second mortgages,
has grown from virtually nothing to $500 billion. Subprime loans constitute
about 12.5 percent of the total mortgage market today, according to
the U.S. Department of Housing and Urban Development.
But predatory
lending goes beyond subprime lending. Estimates suggest that half
of subprime loans are made to people who qualify for low-interest
conventional loans. Consumers with good credit often end up with high-rate
loans because they respond to telemarketing calls or junk-mail fliers
- instead of checking with actual banks or reputable lenders.
"These lenders
want people to think they're in the B and C categories of credit,
when they really have A credit," says Harold L. Williams, an attorney
with the non-profit Legal Aid Society of Cleveland. "A lot of these
people could get a good loan, but they don't know that."
In addition, consumer
advo- cates say some lenders have preyed upon homeowners who are more
likely to be desperate for money or less likely to understand the
loan process. Senior citizens, single women and minorities were once
favorite targets.
But because of
confusing paperwork and limited regulation, everyone is fair game
today, consumer advocates say.
"They used to
target the inner city," Bromley says. "Now they've moved out to the
suburbs. These victims are schoolteachers. They're grocery store managers.
They're doctors. These are folks like your mother or brother."
James of Consumer
Credit Counseling says more people are being taken in by predatory
lenders because the brokers are smooth. Most have been trained with
company scripts and know exactly how to gain people's trust on one
hand and intimidate on the other.
Most consumers
who end up victims never intended to borrow much money, Williams says.
But they're massaged into believing a bigger loan or total refinance
is the best idea.