Gov. Mark Sanford signed into law Tuesday morning a
bill to protect people borrowing money in South Carolina, especially
low-income residents and senior citizens, from high-interest loans
and unscrupulous lending practices. The predatory lending law is
similar to North Carolina’s, which is considered a model
nationwide.
One of the things the law prohibits is a practice
called "flipping", which is when a mortgage lender refinances a loan
repeatedly in order to generate money in points and fees. That
strips the equity from homeowners and puts them deeper in debt,
without any benefit.
That’s exactly what happened to Victoria Reed with
her home in Columbia. "They called here. They told me that they
could make my life better, wonderful, easier. Okay. What they did is
they added $6,000 onto my mortgage and made my life much more
difficult," she says.
The mortgage company told her she would be
refinancing to a 15-year mortgage, shaving two years off her current
loan, and her interest rate would be 6 ? percent. It wasn’t until
she went to make the first payment that she found out that the
mortgage was actually for 30 years at more than 11 percent interest.
"Do I know anything about mortgages? Do I know anything about
financing? No. Do I still know anything about them? No. But I know
when I’ve been robbed. And yes, I was good and truly robbed on
this," she says.
The new law puts new restrictions on high-interest
loans, such as requiring consumers to get counseling on the loan.
The lender must also believe, based on an objective standard, that
the consumer has the ability to repay. And it prohibits balloon
payments.
Sue Berkowitz, with the South Carolina Appleseed
Legal Justice Center, has been working for years to get the law
passed. "Well, most important, this provides protection to
homeowners for the first time in South Carolina. When you had a
first mortgage or bought a home there were no consumer laws that
actually protected in lending practices," she says.
The law also puts new restrictions on car title
lenders. Those loans can now be renewed no more than six times and
interest must freeze after the sixth renewal. But those loans can
still be at interest rates of 30 percent a month. "It certainly is
not going to put the title lenders out of business, but at the same
time it does limit how much they can charge, and they can’t keep
building the interest into the renewal," says Sen. David Thomas,
R-Greenville, the main sponsor of the bill.