Gov. Mark Sanford signed a bill Tuesday that was created to
protect borrowers from unfair high-interest loans and unscrupulous
lenders.
Under the law, companies are blocked from making high-cost loans
that hurt borrowers -- particularly low-income and elderly
customers.
The law is designed to protect borrowers like Victoria Reed of
Columbia. Reed was a newly single mother of four looking to save
money when she became a victim of predatory lending.
Reed, 47, moved into a smaller home with her children, hoping to
save money on her mortgage. Instead, she found herself swept up in
refinancing charges and a 30-year mortgage with a high interest
rate.
She can't afford to refinance again or move.
"I'm a prisoner in my own house," Reed said. "I cannot afford to
sell it or fix it."
The law requires anyone seeking to borrow money at a
higher-than-market interest rate to attend a free credit counseling
session.
It also bans certain practices such as flipping, which is the
repeated refinancing of loans typically done when a borrower is
having trouble making payments. That practice often puts the
borrower further into debt but generates a high fee income for the
lender.
The law protects consumers but does not punish the lending
industry, Sanford said.
"What you see here is a great balancing act between wanting to
make sure we still have credit markets that work in South Carolina
while at the same time we have protections for consumers out there,"
Sanford said.
Some industry officials have expressed concern that the new
regulations could drive lenders out of business and leave residents
with fewer borrowing options.
Sen. David Thomas, R-Greenville, said the point of the bill is
not to put companies out of business, but to protect consumers.
"I do not believe we will see one business go out of business in
South Carolina, but we will see the end of wrongful business
practices that have stolen from the public and have charged too much
interest and have produced unfair and unethical business practices,"
Thomas said.
Advocates are pleased to see the legislation made into law after
several years of work.
Columbia attorney Brian Boger, who represents Reed, began working
on predatory lending cases nearly three years ago and says it's
becoming a major part of his practice. He currently has more than 80
such cases in his law office.
One case sticks in his mind. A 78-year-old man refinanced his
home eight times in two years. The home he once owned now belongs to
the bank and the man is in a Medicaid-funded nursing home, Boger
said.
"They prey on the uneducated, the unsophisticated, the elderly
and minorities," Boger said. "This bill would stop them in their
tracks."
The predatory lending legislation takes effect Jan. 1.