Research & Policy

Survey confirms public support for cracking down on high-cost lending As Congress debates various financial reforms designed to revive the economy, the Center for Responsible Lending has conducted a national survey to measure public support for one strategy on the table: a 36 percent cap on annual interest rates for consumer loans. The survey found high levels of support for such a measure, which had very little variance across different demographic groups. Specifically: Three out of four Americans who expressed an opinion think that Congress should cap interest rates at some level. 72% think...

Consumers are being hit with fees amounting to triple-digit interest rates on loans they did not ask for—and in many cases cannot afford—when they overdraw their bank accounts through checks, electronic transfers, debit card purchases, and ATM withdrawals. This is possible because the Federal Reserve Board has refused to close a loophole in the rules implementing the Truth in Lending Act that exempts overdraft loans from disclosure requirements. By bringing overdraft loans within the scope of the Truth in Lending Act, H.R. 1456 would provide the same basic consumer protections to checking...

The Center for Responsible Lending, along with Consumer Action, Consumer Federation of America, Consumers Union, National Association of Consumer Advocates, National Consumer Law Center (on behalf of its low-income clients), and U.S. PIRG provide the following comments regarding the Federal Reserve Board's proposed rule to amend Regulation E pursuant to the Electronic Funds Transfer Act. Summary of recommendations: Revisit the proposal to use the Board's UDAP authority under FTC Act to require institutions to provide a choice about coverage for checks and ACH transactions. Require institutions...

New CRL analysis finds that California's payday lenders overwhelmingly locate in African-American and Latino neighborhoods, even after controlling for income and other factors, draining $247 million in the process Payday loans trap working households in long-term debt at annual interest rates of over 400 percent. In California and elsewhere, African Americans and Latinos make up a disproportionate share of payday loan borrowers. Our analysis reveals that payday lending storefronts are most heavily concentrated in African American and Latino communities in California, even when controlling for...

New CRL analysis finds that California's payday lenders overwhelmingly locate in African-American and Latino neighborhoods, even after controlling for income and other factors, draining $247 million in the process Payday loans trap working households in long-term debt at annual interest rates of over 400 percent. In California and elsewhere, African Americans and Latinos make up a disproportionate share of payday loan borrowers. Our analysis reveals that payday lending storefronts are most heavily concentrated in African American and Latino communities in California, even when controlling for...

Allow qualified homeowners to restructure mortgages under court supervision (H.R. 1106/S. 61) Restore confidence in the housing market by strengthening mortgage lending practices and correcting perverse business incentives to make bad loans (H.R. 1728) Reduce tax burdens related to loan modifications that undermine foreclosure prevention Reduce or eliminate key obstacles to constructive loan modifications (S. 376) Increase modifications by providing legal protection for loan servicers and boosting participation in the Hope for Homeowners Program (H.R. 703) Strengthen oversight of the FHA and...

The Federal Reserve Board is considering implementing a new rule that would require financial institutions to get explicit permission before enrolling their account holders in an overdraft system that automatically approves debit card and ATM transactions, and assesses an average $34 fee if there is a negative balance in the account. A Center for Responsible Lending survey conducted by market research firm Macro International, Inc. explored consumer preferences on this issue, and found that U.S consumers overwhelmingly want to choose whether overdrafts on their debit cards are covered or not...

The Administration's Making Home Affordable Program represents a significant step forward, one that is essential and long overdue. It includes concrete and pragmatic measures to counter the perverse incentives that severed the interests of servicers from those of the borrowers and investors, and led servicers to pursue foreclosure even where the homeowner could afford a loan modification that would produce greater returns for investors as a whole. The program recognizes that, without government action, relying on servicers and investors to voluntarily modify troubled loans does not work. The...

Overdraft lending: the problem Our nation's major banks and credit unions are making unsolicited, high-cost loans to their checking account holders when their account balance dips below zero, generating enormous fees for the banks and frequently driving their customers deeper into the negative. Financial institutions never have to reveal that customers pay triple- and quadruple-digit interest rates. They make overdraft loans without customers' consent, and they manipulate the order in which they clear deposits and withdrawals in order to maximize overdrafts. Research shows that low-income...

We suggest a broad, simple framework that addresses the entire mortgage market and that focuses on the underlying incentives in that market. The legislation should establish a bright-line ban on dangerous loan features such as prepayment penalties and "no-doc" loans as well as on market-distorting incentives such as yieldspread premiums. All mortgage origination should be subject to rules that discourage originators from placing people in mortgages that are more expensive than those for which they qualify or that they cannot afford to sustain. Most important, all participants in the mortgage...

And guess what! That's a GOOD thing Good news! Bank of America has announced it will stop its costly, automatic approval of debit card and ATM overdrafts. Bank of America joins Citibank in covering debit card and ATM overdrafts only if their customers have signed up for more reasonably priced coverage, by linking their savings or line of credit to their checking account. Q: Why is this good news? A: Three reasons: 1. No more surprise high-cost overdrafts at the ATM or checkout for customers of these banks. These two banks are so big, the announcement means one third of debit card transactions...

Fremont case touted as a model for other states State shows that business as usual in subprime lending amounted to unfair and deceptive practices. CRL is encouraged by the recent success of the Massachusetts Attorney General (AG), who used longstanding consumer protection laws to stop foreclosures on unfair subprime loans. CRL believes the AG's approach could serve as an effective litigation strategy for others looking to discourage abusive lending practices, including the ability to require subprime lenders to negotiate with the AG's office before foreclosing. A Massachusetts court held that...

Read CRL CEO Martin Eakes' statement on the Housing Plan >> Hope for Stopping the Foreclosure Epidemic On February 18, 2009, the President announced a new, comprehensive plan for addressing the housing crisis. The plan, which called for more funding than anticipated, includes a range of incentives that will encourage lenders to modify loans. The plan recognizes that stopping foreclosures is essential to stabilizing the economy. Highlights: The plan commits $75 billion to help 7 to 9 million families restructure or refinance their mortgages to avoid foreclosure. Encourages lenders to modify at...

Payday loans create a cycle of debt that diminishes the income of vulnerable households Marketed as short-term relief for a cash crunch, payday loans carry annual interest rates of 400 percent and are designed to catch working people – or those with a steady source of income such as Social Security or a disability check – in a long-term debt trap. The terms are set so that borrowers most often cannot pay off the loan on payday when it's due without leaving a large gap in their budget, often forcing them to immediately take out a new loan after paying the first one back. One recent study found...

Committee: U.S. House of Representatives Committee on Financial Services

Our nation's current economic crisis was driven by, among other things, three significant shortcomings in the mortgage system: 1) loose or nonexistent underwriting standards; 2) misplaced financial incentives that created conflicts between industry profits and borrowers' interests; and 3) lack of accountability among industry players for loan quality or performance. Given this systemic failure, the State should step in to limit spiraling foreclosures and to reform regulations for new lending. State lawmakers should both act at the state level and also encourage federal policymakers to act to...

Former President George W. Bush's 2008 tax rebate was designed to stimulate the economy by putting dollars back into the hands of working people. In May of 2008, the IRS sent $600 checks to households making less than $75,000 per individual and $100,000 per couple, with an additional $300 for each qualified child. President Barack Obama has also proposed a combination of cutting taxes and encouraging spending to aid in economic recovery. But in the meantime, predatory lenders are stripping cash from the earnings of working people who fall into this same demographic—at astounding rates. Payday...

Recent industry projections are that over eight million families will lose their homes to foreclosure over the next four years. That's one in every six homeowners with a mortgage. If the economy enters a deep recession, the number of homes lost could exceed 10 million. With the housing sector responsible for one in eight U.S. jobs, the flood of new foreclosures will contribute to the growing unemployment rates and further constrict consumer spending. Banks are foreclosing on homes at a rate of approximately 40,000 per week. The failure to stem these losses imposes a cost to the taxpayers every...

Judicial modifications would save hundreds of thousands of families from foreclosure. "We [Credit Suisse] expect the bankruptcy plan will provide about a 20% reduction in foreclosures." (p. 1) "[T]he new plan adds an important new tool in the foreclosure avoidance arsenal…" (p.4) The ability to modify mortgages in bankruptcy will also increase voluntary loan modifications. "We [Credit Suisse] expect the new bankruptcy reform will increase loan mods, particularly principal reduction mods, as it is likely to both pressure and also give justification to servicers to more actively pursue principal...

Court-supervised loan modifications would preserve home values—without using public funds—while providing fair terms to lenders. Over the next several years, 8.1 million American families will lose their homes. Because of market declines, these struggling homeowners can neither refinance nor sell. Unless their mortgages are modified to align the loan amount with the value of the home, the foreclosure crisis will continue to get worse. The damage of foreclosures extends beyond the families who lose their home: millions of their neighbors could also lose billions of dollars in hard-earned wealth...

The Helping Families Save Their Homes in Bankruptcy Act of 2009 (S 61 and HR 200) The failure to stem the foreclosure crisis will cost the taxpayers hundreds of billions of dollars in lost tax revenues and economic decline. Recent industry projections are that over 8 million families will lose their home to foreclosure over the next four years. That's 1 in every 6 homeowners with a mortgage. If the economy enters deep recession, the number of homes lost could exceed 10 million. With the housing sector responsible for one in eight US jobs, the flood of new foreclosures will contribute to the...