Loans (payday, predatory, student), Pawn Article


Predatory Lending Schemes and Scams

Beware Of Predatory Lending Schemes

Most mortgage lenders are reputable and provide a valuable service by allowing families to own a home without saving the thousands or hundreds of thousands of dollars necessary to buy it outright. However, a few, unscrupulous lenders, especially those who make high risk second mortgages, engage in predatory lending practices that can increase the likelihood that a borrower will lose his or her home to foreclosure. These abusive practices include making a mortgage loan to an individual who does not have the income to repay it, charging excessive interest, points and fees or repeatedly refinancing a loan without providing any real value to the borrower.

Borrowers facing unemployment and/or foreclosure are frequent targets of predatory lenders because they are desperate to find any "solution" to their default.

Homeowners frequently receive refinance offers in the mail telling them that they have been "pre-approved" for credit based on the equity in their home. When you are wondering how you are going to pay your mortgage and other bills, it may appear very attractive to borrow against your house. But consider this, if you cannot make your current payments, increasing your debt, even if you get some temporary cash, will make it harder to keep your home.

Beware of Scams:

  • Equity skimming: a buyer offers to repay the mortgage or sell the property if you sign over the deed and move out.
  • Phony counseling agencies. Some groups calling themselves "counseling agencies" may approach you and offer to perform certain services for a fee. These could well be services you could do for yourself for free, such as negotiating a new payment plan with your lender, or pursuing a pre-foreclosure sale. If you have any doubt about paying for such services, call a HUD-approved housing counseling agency at (800) 569-4287 or TDD (800) 877-8339. Do this before you pay anyone or sign anything. Don't sign any papers you don't fully understand.
  • Make sure you get all "promises" in writing.
  • Beware of any contract of sale of loan assumption where you are not formally released from liability for your mortgage debt.
  • Check with a lawyer or your mortgage company before entering into any deal involving your home.
  • If you're selling the house yourself to avoid foreclosure, check to see if there are any complaints against the prospective buyer. You can contact the Arizona Office of the Attorney General Consumer Fraud Unit for this type of information.
  • Do not sign anything you do not understand. It is your right and duty to ask questions.
  • Information is your best defense against becoming a victim of predatory lending especially for a desperate homeowner! 

Where to Report Suspected Predatory Lending – homeowners can contact the Arizona Office of the Attorney General, or call 1(800) 352-8431 to get information on what steps to take to file a complaint. You may also want to look at Predatory Lending Brochure from the Office of the Attorney General. 

For more information about Predatory Lending go to:

HUD's Predatory Lending Web Site

Attached Document
.pdf Predatory Lending Schemes and Scams


Comments:

QUESTIONS

  • My Husband went to school for Welding and was promissed to be certified. When graduated didn't get any of his certifications, and now stuck with a loan payment. Not sure what kind of lawyer we need to help us with this case. I was told maybe civil rights?
  • Can I take out at loan at 17?
  • I got a loan in my name for a vehicle and my friend was supposed to make payments on it. She hasnt made payments in 20 months. I want to go and get it because i have to pay now. How could i do that legally. because its on her property and the police said i cannot take it because we had a verbal agreement that if she paid every month she could keep it. But the title is in my name and the plates and the loan also.
  • I co signed on a car for my ex boyfriend.We broke up few weeks later then said he could not pay for the car so I took over the payments. Now he wants the car back but the car company will not take my name off of the loan even though my ex is willing to sign off.Refinancing is not an option because the loan is more than the car is worth. Is their some legal process to get my name removed? I do not want the risk of him ruining my credit.
  • I started Beauty School in Sept 07, I was 17 at the time.The school had me sign for the loan without a co-signer. My parents filled out the paper for the Pell Grant and wanted to pay so much monthly. The school said I had to have a Subsidized Stafford loan to get the Pell Grant.Am I responsible for the loan? Since I was told afterwards that it was not a legal binding contract due to my age and that neither one of my parents co-signed on it?
  • I was influenced to redo a Secondary motor vehicle finance transaction. A rep from the office called and urged me to go in, cash out on my loan, and do another one. I told them I no longer own the vehicle and they said it's okay and come in anyways. I am now being sued for defaulting on the loan but I was wondering if I could fight it? The contract was signed under false pretenses.
  • I purchased a farm using two different private loans(no banks). One loan was on a promissory note. Animals were used as the collateral on the note. Having defaulted on the note, I have turned over all the animals to the party owed. Is there an Arizona law or case that establishes the turnover of collateral as discharge of the note? Can you recommend a method for me to find this specific information. Thanks

STORIES

LegalLEARN

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS