Predatory Lending

Predatory Lending: How to Spot the Danger

Shady Lending Practices are Thriving, Especially in the Short-Term Payday Loan Industry.

Beware of Payday Lenders Pitching Loan Products

Even though most people don’t desire to, getting into a lending situation is sometimes unavoidable. For example, most go through a bank to process a car or house loan. Most lending practices are regulated to protect the borrowers and ensure adherence from lenders. However, the truth is that predatory lending still exists in many places.

Many fall victim to these financial scams because they are in situations where they have no choice. Others aren’t educated about the matter and become prey because they cannot tell if other options are available for them. It’s worse as these predatory lenders also disguise themselves as legitimate practices. Understanding and seeing the signs will help one identify if the lender is one you should avoid.

What is Predatory Lending?

Traditionally, lending has to benefit both parties. The borrower gets access to the money they need, while the lender will get more money over time from the agreement. Predatory lending creates a situation where the lender benefits from the borrower for as long as they want. They do this by taking advantage of a borrower’s lack of education.

Predatory lending practices often target those who fall prey to a borrowing scheme. They target the poor, minorities, and the uneducated. They will also look for people in a financial bind to try and tie them into their contracts. It could be someone who encountered an emergency medical expense or needs money for home repair. The person could have also recently lost their job.

Many of their victims are people who don’t have access to traditional loans. They may have lower credit scores because of their past problems. They will get into terms where the loan stacks in their favor. They might use a borrower’s real property as collateral, ensuring they have a high chance of getting a valued asset if the deal falls through.

The sad news is that their practices may not necessarily be illegal. Some of them skirt around the boundaries of what authorities allow in lending. If you’re not careful, you could end up in a worse financial situation, getting into heavy debt and losing assets like your home.

Identifying a Shady Lender

There are common loan types associated with shady lenders. An example of this would be payday loans. They process loans fast but don’t tell you about the exorbitant interest rates that come with their loan. You’ll need to pay them by the next payday or risk getting into another risky borrowing situation.

Another example is the tax refund anticipation loans. These types of loans aren’t something you necessarily need. They offer you money in advance in anticipation of the expected payout you can get to pay off the loan. However, you’re getting into a deal where you have to pay more than you expect.

Some practices will help you notice shady lenders. Here are some signs you have to watch for and observe as you deal with these unknown organizations:

  • Loan Flipping: A practice where the lender encourages the borrower to get into a much larger loan. They refinance the old loan but offer higher interest rates and more fees with the new deal.

  • High prepayment penalties: The lender imposes an absurdly high penalty for paying off the loan early. It’s a sign that they want to keep you paying the loan and interest for as long as possible.

  • Mandatory arbitration: A situation where the lender makes it illegal for the borrower to pursue legal action. It prevents them from using fraud or misrepresentation as grounds for getting out of a bad deal.

  • Insufficient disclosure: The lender hides crucial terms of the loan or changes them after their initial offer.

  • Extremely high fees: Many predatory lenders hide high expenses in the fine print. You’ll notice them once you compare rates to more reputable organizations.

Protecting Yourself

As mentioned earlier, predatory practices will try to target people whom they believe they can fool. An educated borrower is their worst nightmare. You can do some things to help ensure you’re getting a fair deal.

Education

Learn more about loans and what constitutes fair ones. You’ll find a lot of information from government agencies that help you against getting into fraud situations. Many online resources provide more information about loans, the standards, and the rules lenders need to follow.

Compare and Contrast

Before settling for a loan, compare it with others first. You may not know the rates, so you’ll have to get an idea of what the standard is before signing anything. Don’t be afraid to consult with credit counselors and financial experts, as they can evaluate your situation.

Trust Your Instincts

There is a feeling you’ll get when the offer is too good to be true. In lending, it is likely the case. Make sure to take a step back when you’re feeling uncomfortable with the terms of how they’re talking to you. They may be withholding the truth or are avoiding some of your questions.

Demand Answers

Predatory lenders will try to make it confusing for you, so you avoid asking vital questions. Demand for answers if you don’t understand anything. Make sure you know the numbers, terms, and loan conditions.

Final Thoughts

Predatory lenders will use deception and aggressive tactics to get you in a situation you cannot afford. These may not necessarily be loan sharks, as many established institutions use these unsavory practices. Knowing what to look for and researching your lender are keys to avoiding a risky lending situation. You could even have a criminal case on your hands.

Be especially aware of short-term lenders that practice double dipping. These companies promote expensive lending products to their customers that are struggling to repay their loans back, thus, double dipping by receiving a kickback from the new lending ‘company’. Report these scams to the Consumer Financial Protection Bureau if possible.

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You hereby authorize and instruct Debt Reduction Services, Inc. (DRS, dba Money Fit by DRS) and/or its assigned agents to:
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NOTE: This sheet is to inform new or returning clients about our services, records, fees, and limitations that may affect you as a consumer of our services. This form also discloses how we might release your information to other agencies and/or regulators. If you do not understand a statement, please ask a Debt Reduction Services (DRS) counselor for assistance.

Debt Reduction Services, Inc. (DRS) has put into place policies and procedures to protect the security and confidentiality of your nonpublic personal information. This notice explains our online information practices and how we use and maintain your information to conduct our financial education and credit counseling sessions and to fulfill information and question requests. This privacy policy complies with federal laws and regulations.

To provide our financial education and credit counseling services, we collect nonpublic personal information about you as follows: 1) Information we receive from you, 2) Information about your transactions with us or others, and 3) Information we receive from your creditors or a consumer reporting agency. We do not share this information with outside parties.

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You hereby authorize DRS, when necessary, to share your nonpublic personal, financial, credit, and any information that you provided (including any computations and assessments produced) with the following entities in order to help DRS provide you with appropriate counseling or guide you to appropriate services: third parties such as government agencies, your lender(s), your creditor(s), and nonprofit housing-related and other financial agencies as permitted by law, including the U.S. Department of Housing and Urban Development.

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Debt Reduction Services, Inc. complies with the privacy requirements set forth in the HUD housing counseling agency handbook 7610.1 (05/2010), including the sections 2-2 Mc, 3-1 H(2), 3-3, 5-3 F, and Attachment A.5. At all times, we will comply with all additional laws and regulations to which we are subject regarding the collection, use, and disclosure of individually identifiable information.

  1. Services: DRS provides the following housing-related services: counseling that includes Homeless Assistance, Rental Topics, Pre-purchase/Homebuying, and Home Maintenance and Financial Management for Homeowners (Non-Delinquency Post-Purchase); Education courses that include Financial literacy (including home affordability, budgeting, and understanding use of credit), Predatory lending, loan scam or other fraud prevention, Fair housing, Rental topics, Pre-purchase homebuyer education, Non-delinquency post-purchase workshop (including home maintenance and/or financial management for homeowners), and other workshops not listed above.

Please refer to DebtReductionServices.org for details of our services.

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Program Disclosure Form

Disclosure to Client for HUD Housing Counseling Services

Debt Reduction Services, Inc. and its financial education arm, Money Fit by DRS, offer the following housing counseling and educational services related to housing, personal finance, and bankruptcy certificates to consumers:
  • Housing Education Courses: DRS offers many online self-guided education programs classified as Financial, Budgeting, and Credit Workshops (FBC), Fair Housing Pre-Purchase Education Workshops (FHW), Homelessness Prevention Workshops (HMW), Non-Delinquency Post Purchase Workshops (NDW), Predatory Lending Education Workshops (PLW), Pre-purchase Homebuyer Education Workshops (PPW), and Rental Housing Workshops (RHW). These courses help participants increase their knowledge of and skills in personal finance, including home affordability, budgeting, and understanding the use of credit, as well as predatory lending, loan scams, and other fraud prevention topics, fair housing, rental topics, pre-purchase homebuyer education, non-delinquency post-purchase topics including home maintenance and/or financial management for homeowners, homeless prevention workshop, and other workshops not listed above relating to personal finance and housing. Course details are found below under “Housing Workshops.”
  • Home Equity Conversation Mortgage (HECM) Counseling (RMC): Via telephone and virtual platforms, we offer the required HECM counseling nationwide in addition to in-person counseling in Boise, Idaho. We also offer in-home counseling options in thirty counties across southern Idaho for an additional fee to cover our travel and additional staff time costs.
  • Home Maintenance and Financial Management for Homeowners (Non-Delinquency Post-Purchase) (FBC): Clients receive counseling and materials on the proper maintenance of their home and mortgage refinancing. Clients can find help and resources by phone, in our Boise office, or virtually on all topics related to stabilizing their long-term homeownership.
  • Services for Homeless Counseling (HMC): Clients receive phone, virtual, or in-person (Boise) counseling to evaluate their current housing needs, identify barriers to and goals for housing stability, establish a path to self-sufficiency, and connect with emergency shelters, income-appropriate housing, and/or other community resources (e.g. mental healthcare, job training, transportation, etc.).
  • Pre-Purchase Counseling (PPC): Clients receive counseling through the entire homebuying process. Assistance may involve creating a sustainable household budget, understanding mortgage options, building their credit rating, and putting together a realistic action plan to set and achieve homeownership goals.  Additionally, clients will receive materials and resources about home inspections and other homeownership topics relevant to successfully maintaining a home.
  • Rental Housing Counseling (RHC): Via phone, in-person appointments (Boise, ID), or virtual platforms, clients receive housing counseling relevant to renting, including rent subsidies from HUD or other government and assistance programs. Topics can also address issues and concerns having to do with fair housing, landlord and tenant laws, lease terms, rent delinquency, household budgeting, and finding alternate housing.
DRS also offers the following services:
  • A Debt Management Program (DMP) for consumers struggling to pay their credit cards, collections, medical debts, personal loans, old utility bills, and past-due cell phone accounts;
  • The Budget Briefing and Debtor Education Certificates that are required during the Bankruptcy filing process;
  • A Student Loan Repayment Plan Counseling and application service.

Relationships with Industry Partners

Through such services, DRS has established financial relationships with hundreds of banks, credit unions, and creditors such as American Express, Bank of America, Barclays, Capital One, Chase, Citibank, Credit One, Discover, Synchrony, US Bank, USAA, Wells Fargo, and others.

No Client Obligation

The client is not obligated to receive, purchase or utilize any other services offered by DRS or its exclusive partners to receive financial education or housing counseling services. Alternatives: As a condition of our counseling services, in alignment with meeting our client services goals, and in compliance with HUD’s Housing Counseling Program requirements, we may provide information on alternative services, programs, and products available to you, if applicable and known by our staff. Alternative DMP services include negotiating better repayment terms directly with your individual creditors, paying your debts as agreed, or, in extreme cases, filing for personal bankruptcy. Alternative credit and education services can be found through MyMoney.gov or the Jump$tart Clearinghouse of online financial education resources. Housing counseling alternatives can be found through HUD at www.hud.gov/findacounselor.
Finally, you understand that you may revoke consent to these disclosures by notifying DRS in writing.

Housing Counseling and Education Fee Schedule

 

Online Education Program Fees*

Homebuyer Education Course: $59 per participant

  • Self-paced course available here, our online housing counseling and education center. Certificates will be automatically generated upon completion of the course (approximately 6-8 hours)

RentalFair HousingPredatory Lending / HOEPAPost-Purchase (Non-delinquency post-purchase workshop, including home maintenance and/or financial management for homeowners) Online Workshops: $49 per participant

  • Approximately 1 hour each

Other Self-Guided Financial Literacy Webinars (e.g. creditbudgetinghomeless preventiondebt prevention): $0

One-on-one Counseling Fees*

Pre-purchase Homebuying Counseling, Rental Counseling, Post-purchase Ownership Maintenance and Financial Management: $75

  • Session by the hour

Reverse Mortgage/HECM Counseling with Required Certificate:

  • $200†

Credit Report Fee: Paid Directly by Client

*Fees for all but our online education courses and workshops can be paid online by debit card, credit card, or PayPal or in person by cash, check or money order to: “Debt Reduction Services, Inc.” Registration fees are non-refundable 24 hours or less before the start of an in-person course or workshop. Certificates are non-transferable

*Fees may be waived for households with income of 150% or less of that identified on the US Department of Health and Human Services Poverty Guidelines Page

†Home visit counseling is available in 30 southern Idaho counties for potential HECM borrowers at additional costs to cover our travel (IRS reimbursement rates apply) and staff time ($50 per hour or fraction there).

Housing Counseling and Education Fee Schedule

 

Online Education Program Fees*

Homebuyer Education Course: $59 per participant

  • Self-paced course available here, our online housing counseling and education center. Certificates will be automatically generated upon completion of the course (approximately 6-8 hours)

RentalFair HousingPredatory Lending / HOEPAPost-Purchase (Non-delinquency post-purchase workshop, including home maintenance and/or financial management for homeowners) Online Workshops: $49 per participant

  • Approximately 1 hour each

Other Self-Guided Financial Literacy Webinars (e.g. creditbudgetinghomeless preventiondebt prevention): $0

One-on-one Counseling Fees*

Pre-purchase Homebuying Counseling, Rental Counseling, Post-purchase Ownership Maintenance and Financial Management: $75

  • Session by the hour

Reverse Mortgage/HECM Counseling with Required Certificate:

  • $200†

Credit Report Fee: Paid Directly by Client

*Fees for all but our online education courses and workshops can be paid online by debit card, credit card, or PayPal or in person by cash, check or money order to: “Debt Reduction Services, Inc.” Registration fees are non-refundable 24 hours or less before the start of an in-person course or workshop. Certificates are non-transferable

*Fees may be waived for households with income of 150% or less of that identified on the US Department of Health and Human Services Poverty Guidelines Page

†Home visit counseling is available in 30 southern Idaho counties for potential HECM borrowers at additional costs to cover our travel (IRS reimbursement rates apply) and staff time ($50 per hour or fraction there).