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Wednesday, September 30, 2009

Settle the Debt

By James Pynn

There is hard evidence that suggests the loan industry has, and still does, target minorities. ACORN maintains African Americans and other minorities were, and still are, disproportionately targeted. They are burdened with significantly higher interest rates than their white counterparts, even when median income levels were comparable. The ramifications of predatory lending are families that are straddled with tremendous interest rates and significant debt. The end result seems to be foreclosure. Pursuing debt settlement and mortgage refinancing are viable defenses against the predators.

Predatory lending, according to the Investors Dictionary, is the practice of a lender deceptively convincing borrowers to agree to unfair and abusive loan terms, or systematically violating those terms in ways that make it difficult for the borrower to defend against." There is irrefutable evidence that predatory lenders have targeted, and still target, racial minorities, the undereducated, and the elderly. Although predatory lending is often associated with mortgages, other forms of predatory lending include credit cards, payday loans, and overdraft loans.

It is troubling that most predatory lending is collateralized. That is, these loans are only given with vehicles and homes as collateral. The Association of Community Organizations for Reform Now (ACORN) supplies ample evidence that indeed the loan industry targets poor and minority families. Think predatory lenders work from underground lairs? ACORN successfully pressured HSBC Finance and H&R Block into changing some their predatory practices. Its been said the man who comes to repossess your home wears a suit and tie, not a ski mask.

There are a number of subprime lending (the nice way of saying predatory) defenders. The National Home Equity Mortgage Association (NHEMA) claims the practice of lending high-risk loans is essential for some families that would normally have no chance of owning a home or own a car. They claim the laws targeted at predatory practices actually restrict the ability of low-income families to move to safer or more profitable neighborhoods.

Hidden in the foliage of mounds and mounds of paperwork lies a number of clauses designed to tear you apart. Welcome to the predatory lending jungle. Although there is no legal definition of so-called predatory lending, you need only turn on the financial news or skim the business section of any newspaper to see the far-flung effects of this monumental greed. Moreover, there are some laws in various states that target specific practices often identified as predatory. The loan industry is rife with corruption and the incredible number of foreclosures provides ample evidence.

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