PREDATORY LENDING PRACTICES used to hoodwink poor and elderly
borrowers out of their money are no longer acceptable in South
Carolina.
That is the message lawmakers sent last week when they approved
legislation outlawing abusive loan practices. This landmark
legislation, while not as strong as it could have been, may help
save borrowers millions of dollars a year.
The legislation requires mandatory credit counseling on high-cost
loans; limits flipping, the repeated financing of loans, to every 42
months; prohibits the financing of credit insurance; limits the
amount of points and fees that can be financed in a high-cost loan;
prohibits a prepayment penalty on home mortgage loans up to
$150,000; requires the lender to make sure the borrower has the
ability to repay a loan; and requires mortgage brokers to act in the
best interest of borrowers. The law also addresses title loans,
although only in a small way, by limiting the times lenders can roll
over loans that are for less than 120 days.
If the governor signs the legislation - and he should as soon as
possible - predatory lenders must clean up their act. The law goes
into effect Jan. 1, 2004.
Concerned lawmakers and consumer advocates had fought for years
to get this law passed, but constantly were thwarted by the strong
lobby of lenders. However, their hard work, which included tough
negotiations with the lending industry, finally paid off this
session.
A strong push from consumer advocates and bipartisan support
among lawmakers led to the passage of this much-needed legislation.
Advocates were led by Sue Berkowitz, director of the South Carolina
Appleseed Legal Justice Center, Jane Wiley, legislative director for
AARP South Carolina; John Ruoff, research director for South
Carolina Fair Share; Brandolyn Pinkston, interim director of the
Consumer Affairs Department; and Furman Buchanan, who represents the
credit unions. The NAACP, the United Methodist Church, Habitat for
Humanity and others also supported the law.
While many lawmakers worked to bring this law to fruition over
the years, several stand out. Sen. David Thomas spent much political
capital working on this legislation, perhaps to his detriment. He is
convinced that some lenders worked against him in his unsuccessful
campaign for the office of lieutenant governor.
Also, Sen. Darrell Jackson and Rep. Joe Neal, members of the
conference committee that fashioned the final legislation, worked on
this issue for years. Sens. Wes Hayes and Linda Short, also
conference committee members, helped guide debate and shape the
final bill. In addition, Rep. Harry Cato, who promised a solid bill
at the beginning of the session, should be commended for standing up
for consumers. The same goes for Rep. Doug Smith, who helped get the
House to pass a bill and authored an amendment putting strict
regulation on mortgage brokers.
The passage of this law is an extraordinary show of support for
vulnerable citizens who often get ignored in this state. We know
there was great pressure from some in the lending industry to get
lawmakers to implement less restrictive rules. But lawmakers stayed
committed to ridding this state of predatory lending.
Legitimate lenders should not fret. The law is not aimed at those
who play fair. But unscrupulous lenders have been served notice
their legal loan-sharking days are numbered. And that's good news
for South Carolina
consumers.