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Avoiding Predatory Lenders

Predatory lending is a catch phrase for unethical lending practices committed by a small number of financial institutions or brokers. Many predatory lending practices are already illegal under federal and state laws, and many financial institutions have instituted comprehensive controls to protect consumers and support federal efforts to stop potential abuse. The Federal Reserve views predatory lending as a broad set of behaviors involving unfair, deceptive or fraudulent practices such as:

  • Making unaffordable loans based on the assets of the borrowers, rather than on the borrower's ability to repay an obligation.

  • Inducing a borrower to refinance a loan repeatedly to charge high points and fees each time the loan is refinanced ("loan flipping").

  • Engaging in fraud or deception to conceal the true nature of the loan obligation from an unsuspecting or unsophisticated borrower.

Predatory loans often contain pre-paid insurance premiums, balloon payments, negative amortization, unilateral loan call provisions, mandatory arbitrations clauses, or interest rate increases triggered by a borrower's default. Predatory lenders also engage in deceptive practices with regard to loan prepayment penalties or often make loans in which the lenders suspect that the borrower has little or no ability to repay.

The practices of New Century Mortgage's lending partners are designed to treat consumers fairly and equitably. Each loan underwritten by a lending partner must demonstrate an identifiable benefit to the borrowers, and all borrowers must have clear ability to repay the loan.  New Century Mortgage lending partners do not:

1.    Make loans considered "high cost" under federal, state and local laws.

2.    Engage in predatory marketing practices.

3.    Equity stripping, loan flipping or loan packing.

In addition, New Century Mortgage lending partners do not make loans with potentially abusive terms, such as:

  • Single premium credit insurance

  • Balloon payments

  • Negative amortization

  • Unilateral loan call provisions absent default

  • Mandatory arbitration clauses

  • Interest rate increases triggered by default

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LEGAL DISCLAIMER: This Tool is for general information purposes only and does not address individual circumstances It may not be right for you and should not be relied upon in making decisions.
 

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