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Lenders Must Determine Upfront If Consumers Have the Ability to Repay Loans
October 5, 2017
The Consumer Financial Protection Bureau (CFPB) has developed a new rule which has common-sense protections cover loans that require consumers to repay all or most of the debt at once, including payday loans, auto title loans, deposit advance products, and longer-term loans with balloon payments.
“The CFPB’s new rule puts a stop to the payday debt traps that have plagued communities across the country,” said CFPB Director Richard Cordray. “Too often, borrowers who need quick cash end up trapped in loans they can’t afford. The rule’s common sense ability-to-repay protections prevent lenders from succeeding by setting up borrowers to fail.”
The borrowers are pledging their paychecks to repay loans that amount to annual percentage rates of over 300 percent or higher. Many times the borrowers are using their only form of transportation as collateral for the loan resulting in the repossession of their vehicle which results in losing their job. Even if the first loan can be repaid the high interest rate will then forces the the borrower to re-borrowing within the next month. According to the CFPB More than four out of five payday loans are re-borrowed within a month, usually right when the loan is due or shortly thereafter. And nearly one-in-four initial payday loans are re-borrowed nine times or more, with the borrower paying far more in fees than they received in credit. Which becomes a never-ending cycle of a debt trap of repossessed vehicle, bounced checks (with additional fees) and evictions (due to unpaid rent) which affects the entire family.
CFPB’s Rule to Stop Debt Traps:
The CFPB rule aims to stop debt traps by putting in place strong ability-to-repay protections. The specific protections under the rule include:
• Full-payment test: Lenders are required to determine whether the borrower can afford the loan payments and still meet basic living expenses and major financial obligations.
• Principal-payoff option for certain short-term loans: Consumers may take out a short-term loan of up to $500 without the full-payment test if it is structured to allow the borrower to get out of debt more gradually.
• Less risky loan options: Loans that pose less risk to consumers do not require the full-payment test or the principal-payoff option – limits on the number of loans per year and interest rate.
• Debit attempt cutoff: The rule restricts the lender accessing the borrower’s checking or prepaid account without additional authorization from the borrower (helps to limit continuing over draft fees).
A factsheet summarizing the CFPB rule on payday loans
Who is the CFPB? The Consumer Financial Protection Bureau is a 21st century agency that helps consumer finance markets work by making rules more effective, by consistently and fairly enforcing those rules, and by empowering consumers to take more control over their economic lives.
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About the Author:
Diane L. Drain is a well known and respected Arizona bankruptcy attorney. She is an expert in both consumer bankruptcy and Arizona foreclosure. Since 1985 she has been a dedicated advocate for her clients and spokesperson for Arizona citizens. Diane is a retired professor of law teaching bankruptcy for more than 20 years. As a teacher she believes in offering everyone, not just her clients, advice about the Arizona bankruptcy laws. She is also a mentor to hundreds of Arizona attorneys.
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The post STOP PAYDAY LOAN DEBT TRAPS – CFPB NEW RULE appeared first on Diane L. Drain - Phoenix Bankruptcy & Foreclosure Attorney.
If your car debt situation isn’t working for you, bankruptcy can provide you with opportunities to do some pretty great things to improve your situation. Under the bankruptcy code, interest rates and monthly car payments can often be lowered. Under some circumstances, the amount that you now owe on the car can be reduced as well. Plus if you are behind on a car loan, bankruptcy can make your vehicle safe and remove the need for you to come up with a ton of money to catch up. This is great news for many Oregonians because more and more, car debts have become a real problem.
Next to the mortgage and student loans, the car loan is normally your biggest debt ticket item. The average vehicle cost is now roughly $33,500. With car lenders extending car purchase loans to 6 years or more, and factoring in even the lowest of interest rates, you can easily find yourself owing $50,000 just to be able to drive to work.
Unlike mortgages which are at least tied to assets that rise in value, car loans are tied to assets that start to lose their value the moment they are given off the lot. The fact is that if you finance your vehicle over 4 to 6 years, you will probably owe more on it than it is worth until the third or fourth year of the contract.
If you do want to keep a car and you have a bad interest rate, Chapter 13 Bankruptcy will normally allow you to reduce the interest rate on your loan such that you pay no more than five percent interest on the remainder of your car debt. Play around with a debt calculator for a while and see how many thousands of dollars this could potentially save you.
If your want to keep your car but you are behind on it, Chapter 13 Bankruptcy can remove the worry about having to catch up. Your car will be placed in your plan and paid off over three to five years. In other words being behind no longer matters as long as you agree to pay off the car over that time period.
If your car is worth less than what you owe and you financed the car more than 910 days ago, Chapter 13 will enable you to reduce the amount of your loan to what the car is actually worth. This can often result in a savings of thousands of dollars.
What if you already have a great interest rate, your car is worth more than what you owe on it and your current? What if you just don’t like the amount of your car payment? Chapter 13 will enable you to stretch the car loan out over five years. This often means that rather than pay $500 a month or more on your car and all your other creditors on top of it, you pay, say, $300 a month to deal with all your creditors and the car.
If you have debt problems and part of that debt problem is your car loan talk to us today. Many of our clients let a car go before seeing us, not realizing that they could have kept the car and paid less on it every month. Let’s talk it through first and see what kind of options you have.
Set an appointment at one of our offices in Portland, Salem or Vancouver. If time is tight feel free to set a phone or video appointment right on the website. I am always happy to discuss the benefits of bankruptcy for Oregonians in bad car loans.
The post HOW TO MAKE YOUR CAR DEAL BETTER IN BANKRUPTCY appeared first on Portland Bankruptcy Attorney | Northwest Debt Relief.
If you are behind on your mortgage, you can use Chapter 13 to stop a pending foreclosure and repay missed payments over the 5 year term of your Chapter 13 plan. However, filing your Chapter 13 case is only the first step in saving your home.
In Atlanta area Chapter 13 cases, your repayment plan will include a section which says that you agree to send in your regular mortgage payments as they come due during the term of your Chapter 13 plan. Your Chapter 13 trustee payment includes payments to the mortgage company to repay missed payment. Ongoing, future payments, must be paid directly to the mortgage company outside your plan.Making your mortgage payments directly to your mortgage lender is part of your plan obligations. Both your mortgage payment obligation and your obligation to pay your trustee start immediately after you file your case. In fact, you will not be able to get your Chapter 13 case confirmed (approved) by the judge if your post-petition mortgage payments are not up to date.During the course of your case, if you fail to send in your ongoing monthly mortgage payments, several bad things will happen. First, there is a good chance that your mortgage lender will file a Motion for Relief from Stay and ask the bankruptcy judge to lift bankruptcy protection so the lender can restart foreclosure proceedings.Second, your options to save your home will all but disappear. Once a motion for relief has been filed, you cannot voluntarily dismiss your Chapter 13 and then refile – if you dismiss, you will not be allowed to refile for 180 days – plenty of time for the lender to complete a foreclosure sale.Fortunately, most lenders will negotiate with you and your lawyer to allow you to catch up your delinquent post-filing mortgage payments. Obviously this will require cash flow but it is another opportunity to save your house.Chapter 13 can be very confusing because of all the technical rules. The one thing that makes Chapter 13 work is money – payments to your Chapter 13 trustee and direct payments to your mortgage lender.The post Why You Must Pay Your Mortgage Directly After Filing Chapter 13 appeared first on theBKBlog.
If you are behind on your mortgage, you can use Chapter 13 to stop a pending foreclosure and repay missed payments over the 5 year term of your Chapter 13 plan. However, filing your Chapter 13 case is only the first step in saving your home.
In Atlanta area Chapter 13 cases, your repayment plan will include a section which says that you agree to send in your regular mortgage payments as they come due during the term of your Chapter 13 plan. Your Chapter 13 trustee payment includes payments to the mortgage company to repay missed payment. Ongoing, future payments, must be paid directly to the mortgage company outside your plan.Making your mortgage payments directly to your mortgage lender is part of your plan obligations. Both your mortgage payment obligation and your obligation to pay your trustee start immediately after you file your case. In fact, you will not be able to get your Chapter 13 case confirmed (approved) by the judge if your post-petition mortgage payments are not up to date.During the course of your case, if you fail to send in your ongoing monthly mortgage payments, several bad things will happen. First, there is a good chance that your mortgage lender will file a Motion for Relief from Stay and ask the bankruptcy judge to lift bankruptcy protection so the lender can restart foreclosure proceedings.Second, your options to save your home will all but disappear. Once a motion for relief has been filed, you cannot voluntarily dismiss your Chapter 13 and then refile – if you dismiss, you will not be allowed to refile for 180 days – plenty of time for the lender to complete a foreclosure sale.Fortunately, most lenders will negotiate with you and your lawyer to allow you to catch up your delinquent post-filing mortgage payments. Obviously this will require cash flow but it is another opportunity to save your house.Chapter 13 can be very confusing because of all the technical rules. The one thing that makes Chapter 13 work is money – payments to your Chapter 13 trustee and direct payments to your mortgage lender.The post Why You Must Pay Your Mortgage Directly After Filing Chapter 13 appeared first on theBKBlog.
If you are behind on your mortgage, you can use Chapter 13 to stop a pending foreclosure and repay missed payments over the 5 year term of your Chapter 13 plan. However, filing your Chapter 13 case is only the first step in saving your home.
In Atlanta area Chapter 13 cases, your repayment plan will include a section which says that you agree to send in your regular mortgage payments as they come due during the term of your Chapter 13 plan. Your Chapter 13 trustee payment includes payments to the mortgage company to repay missed payment. Ongoing, future payments, must be paid directly to the mortgage company outside your plan.Making your mortgage payments directly to your mortgage lender is part of your plan obligations. Both your mortgage payment obligation and your obligation to pay your trustee start immediately after you file your case. In fact, you will not be able to get your Chapter 13 case confirmed (approved) by the judge if your post-petition mortgage payments are not up to date.During the course of your case, if you fail to send in your ongoing monthly mortgage payments, several bad things will happen. First, there is a good chance that your mortgage lender will file a Motion for Relief from Stay and ask the bankruptcy judge to lift bankruptcy protection so the lender can restart foreclosure proceedings.Second, your options to save your home will all but disappear. Once a motion for relief has been filed, you cannot voluntarily dismiss your Chapter 13 and then refile – if you dismiss, you will not be allowed to refile for 180 days – plenty of time for the lender to complete a foreclosure sale.Fortunately, most lenders will negotiate with you and your lawyer to allow you to catch up your delinquent post-filing mortgage payments. Obviously this will require cash flow but it is another opportunity to save your house.Chapter 13 can be very confusing because of all the technical rules. The one thing that makes Chapter 13 work is money – payments to your Chapter 13 trustee and direct payments to your mortgage lender.The post Why You Must Pay Your Mortgage Directly After Filing Chapter 13 appeared first on theBKBlog.