LAST WEEK, TWO DOZEN lobbyists representing lenders swarmed the
State House, bending the ears of lawmakers working on an
anti-predatory lending bill.
Some lenders brought folks in from out of state to address the
conference committee in an attempt to get key provisions left out of
the bill aimed at protecting consumers. One came from Atlanta.
Another, who came from Pittsburgh, said he flew in on less than a
day's notice. The inordinate amount of time and money lenders are
spending in an attempt to get this bill watered down is troublesome.
What are they afraid of?
Why would legitimate lenders have a problem with a law that would
require mandatory counseling for high-cost loans and hold mortgage
brokers responsible for working in the best interest of borrowers?
Why would they have a problem with limiting repeated refinancing?
Why would title lenders be so afraid of lawmakers' weak proposals to
limit the number of times lenders can roll over short-term loans in
an effort to keep people from paying through the nose and still
losing their cars in the end?
The answer seems clear: Predatory lenders are making tons of cash
by ripping off poor and elderly people through high-cost loans.
South Carolina consumers are losing millions upon millions of
dollars to unscrupulous lenders each year as they are submitted to
repeated refinancing, excessive fees, balloon payments and other
abusive practices.
South Carolina borrowers lose an estimated $107 million a year to
predatory lenders, according to a study released last year by the
Coalition for Responsible Lending in Durham, N.C. A strong
anti-predatory lending law would help stop this legalized fleecing
of our state's most vulnerable borrowers. That is what has happened
in North Carolina, whose law the S.C. bills are modeled after. The
Coalition for Responsible Lending estimates North Carolina's law,
adopted in 1999, saved borrowers about $100 million in 2000 without
interrupting the free flow of credit.
Conference committee members -- Sens. Wes Hayes, Darrell Jackson
and Linda Short and Reps. Harry Cato, Joe Neal and Converse Chellis
-- ought to want the same for South Carolina's consumers. The three
senators and Rep. Neal have made it clear they do. It is not clear
yet, however, whether Reps. Cato and Chellis will stand up for
consumers.
The proposed legislation is not aimed at reputable lenders who
play fair. It is not aimed at legitimate subprime lenders, who
understandably charge higher rates to people who are a higher risk.
It is meant to stop the small percentage of lenders who willfully
take advantage of unsophisticated borrowers.
Bankers, title lenders and mortgage brokers are working together
in opposition to this legislation. It is troubling that even
legitimate lenders are working against efforts to stop exploitation
of the poor. It seems they would favor legislation calling for
lenders to be responsible and accountable.
Even with these proposed regulations, lenders will still make
huge profits. Conference committee members must remember that when
they meet today to debate what protections should be put into place
to help consumers. The least they should do is give poor and elderly
borrowers a fighting chance at paying off their debt and keeping
their homes and
cars.