How To Get Out Of A Predatory Loan

Every year, dishonest lenders who prey on people with few options for financial relief leave millions of consumers high and dry. Predatory lenders target those who are struggling and raise interest rates to entice them into an expensive debt cycle.

Despite the fact that most states permit payday loans, payday lenders are still required to abide by local, state, and federal laws. Unfortunately, a lot of predatory lenders break the law to get more money from their borrowers, and this is abusive and illegal behavior that can cause financial ruin for those who may not even be aware that they have been wronged.

But here’s the thing: If a lender has trapped you by using illegal methods, such as charging you more interest than is permitted by state law or harassing you until you pay, you don’t have to accept it.

The stress of being trapped in a questionable debt cycle may tempt you to pack up your belongings, change your appearance, leave the country, or adopt a new identity, but that’s probably not the best course of action. One reason is that since that dishonest lender likely has access to your bank account, they could keep making withdrawals that you cannot afford.

You have options, and exercising those options could prevent other people from falling for the same predatory scheme, which is the best reason to stand up and fight.

In many cases, you can escape from a predatory secured loan, such as a mortgage or car loan, by refinancing it with a different lender. When you refinance, you’re effectively taking out a new loan to pay off your current, abusive one.

What is harassment, and how can I spot a lender that’s using it?

Payday and title lenders engage in predatory and unethical lending practices, and these loans are intentionally difficult to repay. They can make more money from late fees, interest, and rollover charges the longer it takes. The aggressive and persistent methods payday lenders use to recover money from borrowers are frequently considered harassment, which is prohibited by law.

According to the Consumer Financial Protection Bureau (CFPB), “Harassment by a debt collector can come in different forms but examples include repetitious phone calls intended to annoy or abuse, obscene language, and threats of violence.”

You are being harassed if your lender calls you constantly, visits your home to collect payment, threatens you with arrest or physical harm, uses foul language, publishes lists of debtors who cannot pay their debts, or calls you pretending to be someone else. Harassment is against the law.

Debt collectors will shake you down for money¬†that you don’t owe.

Many dishonest debt collectors try to extort money from consumers by claiming that they have “phantom debt.” When a lender, or a person posing as a lender, contacts a person about a loan balance they don’t actually have, this happens.

According to fraud.org, “The phantom debt collection scam comes in a number of variations, but the common element in almost all of them is a claim that a consumer owes money on a debt and needs to pay or else face serious consequences. Regardless of whether the consumer actually takes out a loan, he or she may receive a call later demanding money be paid.”

Its important for consumers to understand that this is illegal. A borrower may file a lawsuit for violations of the Fair Debt Collection Practices Act (FDCPA) if they are the victim of harassment at the hands of a loan collector. According to the FDCPA, debt collectors are not allowed to tell you a lie or otherwise mislead you into paying a debt you do not legally owe.

How do I report a lender for predatory and abusive behavior?

There are other types of subprime loans besides payday and title loans. You must be careful to avoid the many, sadly prevalent, types of mortgage scams if you’re looking to refinance your mortgage. Here are a few to watch out for:

  • Rent to own scams: A scammer convinces you to give them the title to your home, claiming that you will be allowed to rent it and buy it back when you can afford to. But the terms of the “deal” usually makes it too expensive for the homeowner to ever buy it back, and when the new owner defaults (and they will) youll be evicted.
  • Forensic audit scams: Scammers offer to have a so-called “forensic loan auditor” or lawyer review your mortgage documents to make sure your lender is following all the laws. Of course, youll have to pay to have this done, and according to the FTC, “theres no evidence that forensic loan audits will help you get a loan modification or any other mortgage relief.”
  • Fake financial counseling scams: Scammers tell you that, for a small fee, theyll negotiate with your lender on your behalf and get your mortgage payments cut way down. They wont!
  • Bait-and-switch scams: Scammers give you papers to sign that they claim will make your mortgage current. In that stack of papers is a document that surrenders your homes title to them in exchange for a “rescue loan.”
  • If you’ve been tricked by someone promising mortgage relief or refinancing, contact the CFPB and look up a lawyer who can help on the website of your state’s bar association.

    How do I get out of a bad mortgage?

    Despite the numerous scams that exist, the majority of mortgages and refinances are legitimate. But that doesn’t mean the financial institutions that provide them don’t engage in predatory practices that could lead to loan default.

    How might a lender sell you on a shoddy mortgage? According to an article from Mortgage 101, “if you had a prepayment penalty or a balloon payment on your mortgage, you may not even be aware of it until you attempt to refinance or your balloon payment comes due. Both scenarios can leave you stuck in a mortgage you cannot afford and prone to foreclosure.”

    Fortunately for borrowers, the Truth in Lending Act (TILA) permits borrowers to fully terminate specific loan transactions within three days of signing the loan agreement, without incurring any fees. Therefore, if you just signed the paperwork for a mortgage and later realized that you won’t be able to make the payments on a regular basis, you may still be able to cancel it. You have the option to cancel home equity loans and mortgage refinancing during this three-day grace period if the refinancing is carried out with a different lender than the original mortgage.

    Payday and title lenders must abide by the agreements they sign because this right does not apply to short-term borrowing, even if they realize an hour later that they have been duped.

    How can I come back from a bad loan?

    Dont feel bad about getting duped by a bad lender. They’ve been developing their strategy for a while, and their deceptive marketing and unfair terms are intended to ensnare borrowers who are in a rush for money.

    Instead, make a list of all the debts you want to pay off and think about asking for help or looking into a consolidation loan to bring your debts under control.

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    FAQ

    What qualifies as a predatory loan?

    Any lending practice known as “predatory lending” subjects borrowers to unfair and abusive loan terms, such as exorbitant interest rates, high fees, and conditions that deprive them of equity Using pushy sales techniques and deception, predatory lenders frequently persuade consumers to take out loans they cannot afford.

    What are the consequences of predatory lending?

    Predatory loans ensnare borrowers in unaffordable debt and frequently result in the loss of their homes and life savings because they impose rates and fees that are higher than are justified by the financial risk. “.

    What interest rate is considered predatory?

    When you apply for a loan from a lender who doesn’t run your credit, they can’t tell you how you’ve handled debt in the past or what the consequences of taking on more debt might be. Predatory lenders offset that risk by structuring loans with high upfront fees and high rates, which are typically well above 100% APR.