A bill that would protect consumers from high-interest loans and
other controversial lending practices received key House approval
Wednesday.
The bill defines high-cost loans and prohibits certain
provisions, such as interest increases or balloon payments. It also
requires brokers to disclose how much they are earning in profits
and recommends consumer credit counseling over a five-day
period.
Consumer advocates say the bill protects people and their
homes.
"Maintaining and preserving one's home is the most important
thing that can happen to a family, other than making sure the health
and well-being of your loved ones is secure," said Sue Berkowitz,
director of the S.C. Appleseed Legal Justice Center in Columbia.
"Getting a predatory lending law in place will maintain
homeownership and help people keep the American dream without
allowing them to get into abusive loan terms," said Berkowitz, who
has worked on the legislation since 1999.
The Senate passed its version of the bill last week. One major
difference in the House version is the omission of mandatory credit
counseling for someone seeking a high-cost loan.
Jane Wiley, legislative director for the South Carolina AARP,
said she hopes mandatory credit counseling will be added when
lawmakers from the Senate and House negotiate the differences in a
conference committee.
"It's so important to AARP because of older borrowers being taken
advantage of, especially in refinancing for home improvement loans,"
Wiley said.
She also prefers the Senate version when it comes to "flipping."
That's the practice of repeatedly refinancing loans to generate
surcharges for lenders. Flipping is different from standard
refinancing that helps consumers by allowing them to take advantage
of lower interest rates.
Under the Senate-approved legislation, loans could be flipped
every four years. In the House, it's three years.
Wiley applauded House members for putting a fiduciary duty upon
the mortgage broker.
A banker, for example, has a fiduciary duty, meaning he or she is
responsible for taking the consumer's best interest into
account.
"To have a mortgage broker make sure the consumer gets the best
deal, that's a giant step. Right now, the mortgage brokers, although
many of them perform a valuable service, really are in it in a
profit-making mode," Wiley
said.