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New Watchdog Agency Reviewing Payday Lending

January 20th, 2012

Advance Loan BlogPayday lending, an industry that brings in some $7 billion a year in fees nationwide
The Consumer Financial Protection Bureau said testimony from the session in Birmingham would help guide the development of future regulations. Recently appointed Director Richard Cordray said the bureau recognizes the need for short-term loans, but the lending needs to help consumers, not harm them. "Before this month, the federal government did not examine payday lenders," Cordray said. "Some state regulators have been examining payday lenders for compliance with their state laws. We hope to use our combined resources as effectively as possible."
 
Huge number of lenders
Officials said that about 19 million American households now have payday loans. With interest rates often in the teens and easy application procedures, lenders said they generate business through radio and television advertising, plus word-of-mouth and by locating offices in areas where other small-loan lenders are located. Many in the standing-room crowd of more than 400 were lending company customers or employees who wore "I Choose Payday Advance" stickers provided by the industry. Tanzy Bonner told a panel she got a payday loan to cover the cost of her 6-year-old’s birthday party; LaDonna Banks said she got one because she couldn’t work after donating a kidney to her brother.
 
The Consumer Financial Protection Bureau
The Bureau has been in the spotlight because of Republican opposition to its formation and President Barack Obama’s use of a recess appointment earlier this month to tap Cordray, a former Ohio attorney general, as its director. With GOP legislators blocking the nomination because they said the agency lacks sufficient congressional oversight, Obama installed Cordray.
 
Payday loans
Often criticized by advocates for the poor, payday loans are short-term, high-interest loans that work like cash advances. Storefront payday loan operations are prevalent in middle- to lower-income areas around Alabama, sometimes taking over closed convenience stores or fast-food restaurants. Loan amounts in Alabama are capped at $500 by state law, which limits the maximum interest rate to 17.5 percent. An industry website said the annualized interest rate for a 14-day loan of $100 tops 456 percent.
 
Typical loan
In a typical transaction, a borrower writes a check for $117.50 and gets $100 from the payday lender, who holds the check for a short period before depositing it. If the customer needs the check held another two weeks, he pays another $17.50 fee.
Officials said more than 20 percent of Alabama households have taken out loans from payday storefronts or similar businesses at more than 1,000 locations statewide. Opponents said the businesses prey on people who lack access to traditional loans when they get in a pinch for cash.
 
Gouging for loans
"People get churned through the system six, eight, 10 times a year," said Stephen Stetson, a policy analyst at Alabama Arise, a Montgomery-based anti-poverty organization. "If we have laws against gouging for gas and water, we ought to have laws against gouging for loans. Listening to what you heard here today, you’d think my thousands of employees go to work every day to hurt their neighbors," he said. Rather than enacting sweeping federal rules, he said, states should concentrate on getting rid of "bad actors" in the business.

 

National Anti-Payday Lending Campaign on the Way

January 18th, 2012

Advance Loan BlogCampaign hopes to free one million Blacks from debt
Rev. Dr. DeForest Soaries, senior pastor of the 7,000 member First Baptist Church of Lincoln Garden in Somerset, NJ is launching a national effort against one of the most predatory lending products: payday loans. This church-based movement was inspired by hundreds of contacts and phone calls Soaries received following his appearance in a 2010 CNN documentary, Almighty Debt. Hosted by Soledad O’Brien, the documentary shared the financial struggles of Lincoln Garden members facing foreclosure, finding student financial aid and adjusting to long-term unemployment.
 
CNN
According to CNN, the documentary also became the network’s second-highest rated program that year with 13.8 million viewers. What began as a 90-minute television program turned into a year-long advocacy effort with four specific objectives:
  • Education: distribution of information through churches, barbershops, community centers;
  • Direct Action: coordinating protests in front of payday stores;
  • Alternatives to payday loans: identifying alternatives available through credit unions, minority banks and other lenders;
  • Public policy: working with local leaders to initiate actions to restrict payday and other predatory practices.
 
Payday lending ills
Over the past decade, the ills of payday lending have been a focus of the Center for Responsible Lending. Through a series of state-based efforts partnering with local advocates, 17 states and the District of Columbia have enacted payday reforms, saying ‘no’ to triple digit interest rates and downward spiraling debt. Additionally, federal law protects military members and their families from the typical 400 percent interest rates of payday loans.
 
Short term loans
In recent years, however, the growth of new versions of small-dollar, short term loans such as Internet and bank payday loans threaten to circumvent all of these hard-fought consumer victories. In particular, bank payday loans lead to 175 days of indebtedness for the average borrower, twice as long as the maximum length of time the Federal Deposit Insurance Corporation has advised. With many banks allowing up to half of a customer’s monthly direct deposit income, or up to $750, an average 44 percent of a bank payday customer’s next deposit is used to repay bank payday loans. For older borrowers already living on fixed incomes, the average bank payday loan repayment from a Social Security check was 43 percent. Senior customers are also 2.6 times more likely to have used a bank payday loan than bank customers as a whole.
 
Older adults
Even without bank payday loans, more than 13 million older adults are considered economically insecure, living on $21,800 per year or less. One-fifth of older households have annual incomes below $50,000 but report spending more than 40 percent of their income on debt payments.
 
CRL research
CRL research has shown that communities of color are particularly vulnerable to payday loans. Across the country, the concentration of storefront lenders is typically greater in black and brown communities. Additionally, Missouri is the only state outside the Deep South with the greatest number of payday stores per capita. Persons and organizations desiring to join the advocacy effort are advised to contact Pastor Soaries at: fbc@fbcsomerset.com .

 

Once Ireland’s Richest Man, Sean Quinn Declares Bankruptcy

January 17th, 2012

Advance Loan BlogDebts Exceed $2.7 Billion
Sean Quinn, once rated Ireland’s richest person was declared bankrupt Monday as a bank pursues him for debts exceeding $2.7 billion. Quinn’s lawyers withdrew his opposition to a Republic of Ireland bankruptcy order sought by the former Anglo Irish Bank, the reckless lender at the center of Ireland’s calamitous property crash. The bankruptcy judgment will force a thorough court investigation of Quinn’s finances, which the bank hopes will reveal capital and assets that it can reclaim from Quinn, his wife and five children.
 
Rags-to-riches stories
Quinn boasts one of Ireland’s most celebrated rags-to-riches stories. He grew up on a border farm in Northern Ireland’s County Fermanagh, left school barely literate at 14 and started his first construction-gravel business with a $150 bank loan. Within three decades Quinn had transformed his quarry into a nationwide cement company. He built and bought luxury hotels, pubs, apartment complexes and commercial properties throughout Ireland, Britain, Eastern Europe and Asia; founded Ireland’s third-largest insurance company; and took interests in glassworks, packaging and radiators.
 
Net worth
Quinn had a reported 2007 net worth of $6 billion but sank much of his fortune into Anglo months before the bank suffered crippling losses as the country’s decade-long property bubble burst. The Quinn family secretly built up to a 28 percent stake in Anglo shares using an ill-regulated financial instrument that hid the scale of their investment from other stockholders. As Anglo’s share price plunged, Quinn says the bank encouraged his family to borrow hundreds of millions specifically to buy more Anglo stock, a charge the bank denies.
 
Northern Ireland
Last week Quinn lost a Belfast legal battle to retain bankruptcy protection in the neighboring British territory of Northern Ireland. The judge there ruled that Quinn had misled a previous Belfast court that his main base of business was in Northern Ireland, rather than the Republic of Ireland. "I have never done a day’s work from southern Ireland in my life," Quinn, who has lived for decades in the Republic of Ireland, insisted to reporters outside the Belfast court last week. Dublin-based IBRC would have faced greater difficulty pursuing Quinn for debts in Northern Ireland. Quinn also could have returned to business within a year under U.K. bankruptcy law, whereas the Irish prevent bankrupts from holding company directorships for up to 12 years. Quinn said the tougher Irish rules meant he would be too old, 76 in the year 2024, to direct any new companies then.
 
Shifting ownership
The bank accuses Quinn of fraudulently shifting ownership of his foreign properties, including office blocks and shopping malls, to relatives and shell companies that remain under the Quinns’ surreptitious control. The Quinns deny these charges. His five children have filed a Dublin lawsuit against IBRC seeking to have the bulk of the family’s Anglo borrowing voided on the grounds that the bank should never have lent them the money in the first place. They also are seeking to have IBRC return businesses to their ownership that were seized in April 2011.

 

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