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Oregon’S Bank Fraud Victims
Forced Arbitration and Wells Fargo: The CFPB’s Rule Protects Oregon’s Bank Fraud Victims A new rule will soon curb the use of forced arbitration “rip-off clauses” by Wall Street banks and predatory lenders. The Consumer Financial Protection Bureau (CFPB) rule will prohibit the fine print of credit card, bank account, student loan, auto loan, payday loan, and other financial contracts from containing forced arbitration clauses with class action bans. The rule has widespread support, but bank lobbyists are pressuring Congress to block it. Forced arbitration clauses take away your day in court when companies violate the law. Instead of a judge, a private arbitrator decides in a secretive proceeding with no appeal. When forced arbitration is combined with a class action ban, neither a court nor the arbitrator can hold a company accountable for widespread wrongdoing. Justice is often completely denied, as few people can afford to fight small or complicated disputes by themselves. Wells Fargo, which has 95 branches in Oregon, has repeatedly engaged in illegal conduct and aggressively uses forced arbitration. Fake accounts: Wells Fargo opened up to 3.5 million fake accounts -- including 35,202 in Oregon -- from 2002 to 2015 without customers’ consent. People have tried to sue Wells Fargo since 2013, but the bank used forced arbitration to kick them out of court and prevent class actions, keeping the massive fraud out of the spotlight and allowing it to continue. Wells Fargo has continuously tried to use forced arbitration to block class actions over the fake accounts, even after being called out by members of Congress. -
Know Your Credit History: How to Interpret a Credit Report
A Financial Empowerment Toolkit for Youth and Young Adults in Foster Care Know Your Credit History: How to Interpret a Credit Report You may have recently seen your credit report for the first time or have been asked about your credit by a prospective employer, landlord, or lender. Credit has become a critical part of daily life in our economy. Because credit is so important, there’s a law to protect consumers called the Fair Credit Report- ing Act (FCRA), which ensures that consumers are treated fairly by all play- ers in the credit system. Read on to learn more about your rights under the FCRA and how to assert them. Tip Sheet Series for Youth in Foster Care Key FCRA Terms: Before you start interpreting your credit report you need to know Know Your Credit History: some FCRA lingo. There are three main players in the FCRA universe: consumers (that’s How to Interpret a Credit you), credit reporting agencies (CRAs), and furnishers. CRAs collect information about Report consumers’ credit activity, compile the information, and provide the information on credit Creating a Credit Profile: reports. Furnishers are banks, other types of lenders, government entities, collection agen- How to Build Your Credit cies, and others that provide credit activity information to the CRAs. Identity Theft: How to Resolve Errors on Your Your Right To Get the “Big Three” and More: The most important CRAs are known Credit Report as the “Big Three.” They are Equifax, Experian, and TransUnion. There are also hundreds Protect Yourself and Your of other CRAs that generate specialty reports. -
Guide to Predatory Lending Occurs When a Mortgage Loan Between and Gets a Fee Or Other Compensation
What is Know the Don’t Predatory Terms Become a Lending? Mortgage Lender: A bank, savings institution, or mortgage company that offers home loans. Victim: Mortgage Broker: An individual or firm that matches borrowers to lenders and loan programs for a fee. Anyone who acts as a go- A Guide to Predatory lending occurs when a mortgage loan between and gets a fee or other compensation. with unwarranted high interest rates and fees is set Annual Percentage Rate (APR): Cost of the credit, which Predatory up to primarily benefit the lender or broker. The includes the interest and all other finance charges. If APR is more Lending loan is not made in the best interest of the borrower, than .75 to 1 percentage point higher than the interest rate you often locks the borrower into unfair loan terms and were quoted, there are significant fees being added to the loan. tends to cause severe financial hardship or default. Points: Fees paid to the lender to obtain the loan. One point is equal to 1% of the loan amount. Points should be paid at the time of the loan. If your lender insists on prepayment of these fees, find To determine if a loan is predatory in nature, ask a new lender or broker. yourself these questions: Prepayment Penalty: Fees required to be paid by you if the Does your past credit history justify the loan is paid off early. Try to avoid any prepayment penalty that lasts more than 3 years or is for more than 1-2% of the loan high rate and fees charged? amount. -
Loan Originator (LO) Compensation II. Purpose, Coverage and Overview; “Loan
Loan Originator (LO) Compensation II. Purpose, Coverage and Overview; “Loan 1 Originator” and “Compensation” Defined Major Components of Rule . Prohibits steering a consumer into a loan that generates greater compensation for the loan originator, unless the consummated loan is in the consumer's interest. Prohibits loan originator compensation based on the terms of a mortgage transaction or a proxy for a transaction term. Prohibits dual compensation (i.e., loan originator being compensated by both the consumer and another person, such as a creditor). Prohibits mandatory arbitration clauses and waivers of certain causes of action. 2 FEDERAL DEPOSIT INSURANCE CORPORATION Major Components of Rule Con’t. Prohibits the financing of credit insurance (this prohibition does not include mortgage insurance). Requires depository institutions have written policies and procedures. Imposes qualification requirements on loan originators. Requires name and NMLSR identification information of loan originator with primary responsibility appear on the credit application, note, and security instrument. Permits, within limits, paying loan originators compensation based on profits derived from a bank’s mortgage-related activities. (“bank” includes an affiliate of the bank and/or a business unit within the bank or affiliate). 3 FEDERAL DEPOSIT INSURANCE CORPORATION Key Compensation Prohibition No loan originator can receive and no person can pay to a loan originator, directly or indirectly… . Compensation in an amount that is based on terms of transactions (or proxies for terms of transactions): • a single loan originator, or • multiple loan originators (limited exception: some profits- based compensation). 4 FEDERAL DEPOSIT INSURANCE CORPORATION Covered Transactions A covered transaction is a consumer- purpose, closed-end transaction secured by a dwelling, whether by a first or subordinate lien. -
Comments of the National Consumer Law Center (On Behalf of Its
Comments of the National Consumer Law Center (on behalf of its low-income clients) Regarding Notice of Proposed Rulemaking Electronic Funds Transfer Act (Overdraft Loans) Federal Reserve System 12 C F R Part 205 Docket No. R-1343 March 30, 2009 These comments are submitted by the National Consumer Law Center, on behalf of its low income clients, footnote 1 The National Consumer Law Center, Inc. (N C L C) is a non-profit Massachusetts corporation, founded in 1969, specializing in low-income consumer issues, with an emphasis on consumer credit. On a daily basis, NCLC provides legal and technical consulting and assistance on consumer law issues to legal services, government, and private attorneys representing low-income consumers across the country. N C L C publishes a series of sixteen practice treatises and annual supplements on consumer credit laws, including Truth In Lending, (6th ed. 2007) and Cost of Credit (3rd ed. 2005) as well as bimonthly newsletters on a range of topics related to consumer credit issues and low-income consumers. N C L C attorneys have written and advocated extensively on all aspects of consumer law affecting low income people, conducted training for tens of thousands of legal services and private attorneys on the law and litigation strategies to deal predatory lending and other consumer law problems, and provided extensive oral and written testimony to numerous Congressional committees on these topics. NCLC's attorneys have been closely involved with the enactment of the all federal laws affecting consumer credit since the 1970s, and regularly provide comprehensive comments to the federal agencies on the regulations under these laws. -
H0209-I-128.Pdf
Ohio Legislative Service Commission Bill Analysis Daniel M. DeSantis H.B. 209 128th General Assembly (As Introduced) Reps. Lundy, Foley, Murray, Hagan, Phillips, Skindell, Stewart, Harris, Fende, Newcomb, Okey, Celeste, Harwood BILL SUMMARY • Prohibits licensees under the Small Loan Law (R.C. 1321.01 to 1321.19) and registrants under the Mortgage Loan Law (R.C. 1321.51 to 1321.60) from making a loan of $1,000 or less that will obligate the borrower to pay more than 28% APR unless the term of the loan is greater than three months or the loan contract requires three or more installments. • Provides that whoever ʺwillfullyʺ violates the prohibition against loans of $1,000 or less with a 28% APR (1) must forfeit to the borrower twice the amount of interest contracted for (Small Loan Law) or the amount of interest paid by the borrower (Mortgage Loan Law), and (2) will be subject to a fine of not less than $500 nor more than $1,000. • Increases the fine for certain other violations regarding the Mortgage Loan Law of not less than $100 nor more than $500 to not less than $500 nor more than $1,000. • Specifies that the current prohibition on licensees under the Small Loan Law and registrants under the Mortgage Loan Law from conducting business in a place where any ʺother businessʺ is solicited or engaged in if the nature of that business is to conceal evasion of those lending laws, includes any business conducted by a registered credit services organization, a licensed check‐cashing business, a person engaged in the practice of debt adjusting, or a person who is involved in offering lease‐purchase agreements. -
To-Distribute Model and the Role of Banks in Financial Intermediation
Vitaly M. Bord and João A. C. Santos The Rise of the Originate- to-Distribute Model and the Role of Banks in Financial Intermediation 1.Introduction banks with yet another venue for distributing the loans that they originate. In principle, banks could create CLOs using the istorically, banks used deposits to fund loans that they loans they originated, but it appears they prefer to use collateral Hthen kept on their balance sheets until maturity. Over managers—usually investment management companies—that time, however, this model of banking started to change. Banks put together CLOs by acquiring loans, some at the time of began expanding their funding sources to include bond syndication and others in the secondary loan market.2 financing, commercial paper financing, and repurchase Banks’ increasing use of the originate-to-distribute model agreement (repo) funding. They also began to replace their has been critical to the growth of the syndicated loan market, traditional originate-to-hold model of lending with the so- of the secondary loan market, and of collateralized loan called originate-to-distribute model. Initially, banks limited obligations in the United States. The syndicated loan market the distribution model to mortgages, credit card credits, and rose from a mere $339 billion in 1988 to $2.2 trillion in 2007, car and student loans, but over time they started to apply it the year the market reached its peak. The secondary loan to corporate loans. This article documents how banks adopted market, in turn, evolved from a market in which banks the originate-to-distribute model in their corporate lending participated occasionally, most often by selling loans to other business and provides evidence of the effect that this shift has banks through individually negotiated deals, to an active, had on the growth of nonbank financial intermediation. -
Overdraft: Payment Service Or Small-Dollar Credit?
March 16, 2020 Overdraft: Payment Service or Small-Dollar Credit? Funding Gaps in Consumer Finances Figure 1. Annual Interest and Noninterest Income One of the earliest documented cases of bank overdraft U.S. Commercial Banks, 1970-2018 ($ millions) dates back to 1728, when a Royal Bank of Scotland customer requested a cash credit to allow him to withdraw more money from his account than it held. Three centuries later, technologies, such as electronic payments (e.g., debit cards) and automated teller machines (ATMs), changed the way consumers use funds for retail purchases, transacting more frequently and in smaller denominations. Accordingly, today’s financial institutions commonly offer point-of-sale overdraft services or overdraft protection in exchange for a flat fee around $35. Although these fees can be large relative to the transaction, alternative sources of short-term small-dollar funding, such as payday loans, deposit advances, and installment loans, can be costly as well. Congress has taken an interest in the availability and cost of providing consumers funds to meet Source: Federal Deposit Insurance Corporation (FDIC). their budget shortfalls. Legislation introduced in the 116th Congress (H.R. 1509/S. 656 and H.R. 4254/S. 1595) as well Banks generate noninterest income in a number of ways. as the Federal Reserve’s real-time payments initiative could For example, a significant source of noninterest income impact consumer use of overdraft programs in various comes from collecting fees for deposit accounts services, ways. (See “Policy Tools and Potential Outcomes” below such as maintaining a checking account, ATM withdrawals, for more information.) The policy debate around this or covering an overdraft. -
Default Option Exercise Over the Financial Crisis and Beyond*
Review of Finance, 2021, 153–187 doi: 10.1093/rof/rfaa022 Advance Access Publication Date: 17 August 2020 Default Option Exercise over the Financial Crisis and beyond* Downloaded from https://academic.oup.com/rof/article/25/1/153/5893492 by guest on 19 February 2021 Xudong An1, Yongheng Deng2, and Stuart A. Gabriel3 1Federal Reserve Bank of Philadelphia, 2University of Wisconsin – Madison, and 3University of California, Los Angeles Anderson School of Management Abstract We document changes in borrowers’ sensitivity to negative equity and show height- ened borrower default propensity as a fundamental driver of crisis period mortgage defaults. Estimates of a time-varying coefficient competing risk hazard model reveal a marked run-up in the default option beta from 0.2 during 2003–06 to about 1.5 dur- ing 2012–13. Simulation of 2006 vintage loan performance shows that the marked upturn in the default option beta resulted in a doubling of mortgage default inci- dence. Panel data analysis indicates that much of the variation in default option ex- ercise is associated with the local business cycle and consumer distress. Results also indicate elevated default propensities in sand states and among borrowers seeking a crisis-period Home Affordable Modification Program loan modification. JEL classification: G21, G12, C13, G18 Keywords: Mortgage default, Option exercise, Default option beta, Time-varying coefficient hazard model Received August 19, 2017; accepted October 23, 2019 by Editor Amiyatosh Purnanandam. * We thank Sumit Agarwal, Yacine Ait-Sahalia, -
Your Step-By-Step Mortgage Guide
Your Step-by-Step Mortgage Guide From Application to Closing Table of Contents In this Guide, you will learn about one of the most important steps in the homebuying process — obtaining a mortgage. The materials in this Guide will take you from application to closing and they’ll even address the first months of homeownership to show you the kinds of things you need to do to keep your home. Knowing what to expect will give you the confidence you need to make the best decisions about your home purchase. 1. Overview of the Mortgage Process ...................................................................Page 1 2. Understanding the People and Their Services ...................................................Page 3 3. What You Should Know About Your Mortgage Loan Application .......................Page 5 4. Understanding Your Costs Through Estimates, Disclosures and More ...............Page 8 5. What You Should Know About Your Closing .....................................................Page 11 6. Owning and Keeping Your Home ......................................................................Page 13 7. Glossary of Mortgage Terms .............................................................................Page 15 Your Step-by-Step Mortgage Guide your financial readiness. Or you can contact a Freddie Mac 1. Overview of the Borrower Help Center or Network which are trusted non- profit intermediaries with HUD-certified counselors on staff Mortgage Process that offer prepurchase homebuyer education as well as financial literacy using tools such as the Freddie Mac CreditSmart® curriculum to help achieve successful and Taking the Right Steps sustainable homeownership. Visit http://myhome.fred- diemac.com/resources/borrowerhelpcenters.html for a to Buy Your New Home directory and more information on their services. Next, Buying a home is an exciting experience, but it can be talk to a loan officer to review your income and expenses, one of the most challenging if you don’t understand which can be used to determine the type and amount of the mortgage process. -
The Problem of Predatory Lending: Price Lauren E
Maryland Law Review Volume 65 | Issue 3 Article 3 Decisionmaking and the Limits of Disclosure: The Problem of Predatory Lending: Price Lauren E. Willis Follow this and additional works at: http://digitalcommons.law.umaryland.edu/mlr Part of the Banking and Finance Commons, and the Property Law and Real Estate Commons Recommended Citation Lauren E. Willis, Decisionmaking and the Limits of Disclosure: The Problem of Predatory Lending: Price, 65 Md. L. Rev. 707 (2006) Available at: http://digitalcommons.law.umaryland.edu/mlr/vol65/iss3/3 This Article is brought to you for free and open access by the Academic Journals at DigitalCommons@UM Carey Law. It has been accepted for inclusion in Maryland Law Review by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact [email protected]. MARYLAND LAW REVIEW VOLUME 65 2006 NUMBER 3 © Copyright Maryland Law Review 2006 Articles DECISIONMAKING AND THE LIMITS OF DISCLOSURE: THE PROBLEM OF PREDATORY LENDING: PRICE LAUREN E. WILLIS* INTRODUCTION ................................................. 709 I. PREDATORY LENDING AND THE HOME LOAN MARKET ...... 715 A. The Home Lending Revolution ........................ 715 1. The Twentieth Century Marketplace: Standardized Terms, Limited and Advertised Prices, and Low Risk. 715 2. The Brave New World of ProliferatingProducts, Price, and R isk ........................................ 718 3. Evidence of Predatory Home Lending ............... 729 B. A New Definition of Predatory Lending ................. 735 II. FEDERAL LAW REGULATING THE PRICING OF HOME- SECURED LOANS: DISCLOSURE AS PANACEA ................ 741 A. The Rational Actor Decisionmaker Model ............... 741 B. CurrentFederal Law .................................. 743 C. Even a Rational Actor Could Not Use the Federal Disclosures to Price Shop in Today's Marketplace ....... -
Payday Lending, Bank Overdraft Protection, and Fair Competition at the Consumer Financial Protection Bureau
2013-2014 PAYDAY LENDING, BANK OVERDRAFT 235 PROTECTION, AND FAIR COMPETITION AT THE CFPB PAYDAY LENDING, BANK OVERDRAFT PROTECTION, AND FAIR COMPETITION AT THE CONSUMER FINANCIAL PROTECTION BUREAU ROBERT L. CLARKE* AND TODD J. ZYWICKI** Table of Contents Introduction ....................................................................... 236 I. Regulation of Payday Lending and Overdraft Protection ..........................................................................240 II. Payday Loans and Bank Overdraft Protection Are Used by Similar Customers for Similar Reasons ........................ 245 A. A Profile of Payday Loan Customers .......................... 246 B. A Profile of Overdraft Protection Customers .............. 254 III. Competition Between Payday Lending and Overdraft Protection ..........................................................................257 A. Benefits of Competition Within Product Markets ....... 258 B. Benefits of Competition Across Product Markets: Payday Lending and Overdraft Protection .................. 265 C. History Lessons on Regulation and the Value of Preserving Fair Competition in Consumer Credit Markets ........................................................................ 268 IV. Payday Lending and Overdraft Protection Raise Similar Potential Consumer Protection Concerns ......................... 274 V. Conclusion: Fair Competition and Consumer Protection . 279 * Senior Partner, Bracewell & Giuliani LLP; former Comptroller of the Currency. ** George Mason University Foundation Professor of