August 20, 2001, Monday
The Detroit News
BYLINE: Gregg Krupa; The Detroit News
BODY:
When the window salesman came to the Rev. Levi Williams' door, he brought
a lot of smooth talk about the golden rule and personal redemption.
"This guy came in here, he talked to my wife, and he gave her a hug
and a kiss and he buttered her up," said Williams, who lives with his wife
on disability income that totals $13,500 annually. "I talked to him, too.
And if you'd have heard him, you'd probably buy his stuff yourself."
The salesman talked Williams and his wife Rita into taking out a new
mortgage on their house to finance $14,000 worth of windows. The windows
turned out to be schlock, and the second mortgage -- based on a highly
inflated appraisal of their house -- was well beyond the Williamses' ability
to pay. At one point, Levi and Rita were within a few days of losing their
home. They are far from alone. Deceived into bartering their homes or savings
for the promise of debt consolidation, home improvement or just some spare
cash, an increasing number of poor people are victims of predatory lenders.
Some predatory practices occur at all income levels. But the most devastating
impact is on low-income people like the Williamses. Obtaining credit, which
is often more expensive for poor people, is now increasingly fraught with
peril. It makes the struggle to emerge from poverty even more difficult.
One advocacy group estimates that the national cost of predatory lending
is $9.1 billion annually.
"It's a growing issue of justice and equal opportunity," said U.S. Sen.
Debbie Stabenow, D-Lansing, one of several members of Congress seeking
legislation to protect the poor and other consumers.
"Most people, especially many of the working poor, have the majority
of the savings they've been able to accumulate in their lives in the equity
of their homes.
"Predatory lending is what happens when people are talked out of those
sums and into spending money in some way that is not in their best interests."
Precise measurements of the cost and extent of predatory lending are
hard to ascertain. The Federal Reserve Board has issued a call for research
to further quantify what it and other agencies, including the U.S. Department
of Housing and Urban Development and Treasury Department, describe as growing
levels of predatory lending.
Analyzing so-called subprime loans across the country, the Coalition
for Responsible Lending, which includes groups like the AARP and the NAACP,
said that 2.7 million families are affected annually at a cost of about
$9.1 billion.
Subprime loans are made at higher interest rates to people who are nominally
less credit-worthy than so-called prime customers.
Observers say the vast majority of predatory lending, which is designed
to take people's money, occurs in the subprime field, where many borrowers
are the most desperate for credit and know the least about financial transactions.
But not all subprime lending is pernicious.
According to HUD:
* The number of subprime refinancing loans increased by 1,000 percent,
from less than 79,000 per year to more than 790,000 annually, from 1993
to 1998.
* During the same period, subprime loans increased from 3 percent to
26 percent of total loans in poor neighborhoods, from 1 percent to 11 percent
in moderate-income neighborhoods and from 1 percent to 7 percent in upper-income
neighborhoods.
* Subprime loans are 500 percent more likely in black neighborhoods
than in white ones.
When the Williamses were sucked into a scheme two years ago, they had
no idea how rampant and sophisticated predatory lending practices had become.
What Levi Williams says bothers him as much anything was how the salesman
"came on all religious."
"He said, 'I'm saved, filled with the Holy Spirit,' " Williams recalls.
"He said, 'By gosh, I used to be on cocaine. I was nothing but plum drunk.'
Said, 'God struck me down overnight.' "
Elderly, financially unsophisticated and concerned that their old house
needed some improvements, the Williamses say they now realize they were
easy prey.
Cared for by their children and by people in the neighborhood, including
a local pastor and his wife, the Williamses subsist on about $1,100 in
monthly Social Security payments.
Williams says that the house on Griggs Street came to be his at the
hand of God. He could never have afforded it, otherwise.
"The woman who owned it had all kinds of offers from lots of different
people around here," he said. "One day, she looked at me, and said, 'God
means for me to give it to you.' I paid $8,000 for it. Everyone else offered
a whole lot more."
Equity in home
By the time the window salesman showed up, the Williamses had a lot
of equity in the home. They knew the house needed some repairs, but they
figured they could not afford them.
When the salesman explained how it could all be done, it seemed to make
sense, and the Williamses did not ask a lot of questions. They say they
never knew what happened to them until the mortgage company called and
said they were delinquent on a mortgage for $58,000.
"It was right then I realized we were going to lose this place," Williams
said. He was lucky to find a lawyer, by word of mouth.
There are not many lawyers in Michigan like John Anding. Almost all
of his practice involves helping to protect the poor and dispossessed;
farmers who are persuaded to buy bogus products, homeowners who are targeted
by predatory lenders, car buyers who encounter crooked dealers.
"The predatory mortgage lending practices are essentially efforts to
load up mortgages for the poor, low-income folks, with unnecessary fees
and charges and high interest rates, and to fund them with the equity that
these people have built up in their homes," Anding said.
The mind-set of the victims leads to the victimization. Low-income people
tend to be less sophisticated about financial affairs and their rights
as consumers. And they tend to think that they will not be eligible for
traditional bank loans when they sometimes are.
"I've seen some studies that have been done that suggest that 60 percent
to 70 percent of the people who end up in subprime loans would qualify
for better loans," Anding said.
"You have this lethal combination of sometimes considerable equity built
up in their homes, merely by owning them for a long time, and the self-perception
that they are part of the underbelly of society, they are low-income, poor
credit risks."
Many ways to lose
Home improvement scams are but one example of predatory practices in
the subprime lending field. Others include:
* Single premium credit insurance, which adds needless costs to interest
payments.
* Prepayment penalties by which borrowers are penalized for paying back
too early.
* Balloon payments that require borrowers to pay off a lump sum after
several payments.
* Loan flipping. Often under extreme pressure by the lender, borrowers
are required to continually refinance their loans at higher interest rate.
* Making a loan without regard to a buyer's ability to pay. Borrowers,
often through a purposefully inflated appraisal of the value of their home,
are left without the means to repay the loan.
In the face of the increasing exploitation, especially of low-income
people, regulators and politicians are responding slowly.
U.S. Sen. Paul S. Sarbanes, D-Maryland, now chairman of the Senate Banking,
Housing and Urban Affairs Committee, and Rep. John LaFalce, the ranking
Democrat on the House Banking and Financial Services Committee, offered
a bill, the Predatory Lending Consumer Protection Act, early last year.
The legislation was designed to restrict abusive predatory lending practices,
expand consumer protections and strengthen enforcement of existing laws,
in part, by enhancing civil and statutory penalties.
The bill never reached the floor of either house.
Last month, Sarbanes sponsored hearings on predatory financial practices
in the hope of garnering support for the reintroduction of his bill. Stabenow
is lined up as a co-sponsor.
U.S. Rep. Jan Schakowsky, D-Ill., introduced a bill this month called
the Save Our Homes Act, which would make the full list of predatory practices
unlawful if interest rates reach certain trigger points, such as 5 points
more than comparable Treasury bonds.
"In Cook County in 1993, we had 131 foreclosures due to predatory lending,"
Schakowsky said. "In 1998, there were 5,000. The bill is a response to
the growing problem, an epidemic, really."
Stabenow and other members of Congress expressed confidence that they
can make the legislation law. But the financial institutions industry is
using its powerful lobbying forces to line up the opposition. Several observers
believe that enacting meaningful regulations is unlikely.
The Federal Reserve Board has entered the fray, initiating a review
of its policies on subprime loans. And the Federal Trade Commission has
filed lawsuits against predators, in part, using the federal Truth in Lending
Act.
But regulatory officials admit they are only beginning to get a handle
on predatory lenders.
The best solutions for low-income people appear to be occurring on the
local level.
The NAACP, Shorebank Corp. on Mack Avenue on Detroit's east side, and
Detroit Alliance for Fair Banking have organized educational efforts to
steer people away from predators.
Freddie Mac, the federally created home mortgage lender, has created
a campaign called Don't Borrow Trouble, which has already been instituted
in eight U.S. cities.
The program provides referrals to local agencies for education, credit
counselors for advice and lawyers for legal action.
Stabenow announced last month that she has persuaded Freddie Mac to
institute the program in Detroit later this year.
The Rev. Levi and Rita Williams got lucky. Once they found a willing
lawyer, Anding filed suit and essentially put the lender, CommonPoint Mortgage,
out of business. The salesman worked with CommonPoint, as did the window
installer. A company that helped provide financing for CommonPoint's loans
agreed to forgive the mortgage.
The Williamses remain in the house.
"I know three or four people in the neighborhood who lost their house
because of the same fellow," Levi Williams said.
"Well, this'll show you what happens when you play with God's children,"
he said. "That guy who did the appraisal, he fell dead of a heart attack.
CommonPoint mortgage went out of business. And the guy who put in the windows?
He can't be found on a map."
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