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Commercial Litigation

What Is Predatory Lending?



Predatory lending describes unfair, deceptive, or fraudulent practices of some lenders during the loan origination process. While there are no legal definitions in the United States for predatory lending, an audit report on predatory lending from the office of inspector general of the FDIC broadly defines predatory lending as "imposing unfair and abusive loan terms on borrowers."  Though there are laws against many of the specific practices commonly identified as predatory, various federal agencies use the term as a catch-all term for many specific illegal activities in the loan industry. Predatory lending should not to be confused with predatory mortgage servicing which is used to describe the unfair, deceptive, or fraudulent practices of lenders and servicing agents during the loan or mortgage servicing process, post loan origination.

One less contentious definition of the term is "the practice of a lender deceptively convincing borrowers to agree to unfair and abusive loan terms, or systematically violating those terms in ways that make it difficult for the borrower to defend against." Other types of lending sometimes also referred to as predatory include payday loans, credit cards or other forms of consumer debt, and overdraft loans, when the interest rates are considered unreasonably high.  Although predatory lenders are most likely to target the less educated, lowest incomes, racial minorities, the elderly, victims of predatory lending are represented across all demographics.

Predatory lending typically occurs on loans backed by some kind of collateral, such as a car or house, so that if the borrower defaults on the loan, the lender can repossess or foreclose and profit by selling the repossessed or foreclosed property. Lenders may be accused of tricking a borrower into believing that an interest rate is lower than it actually is, or that the borrower's ability to pay is greater than it actually is. The lender, or others as agents of the lender, may well profit from repossession or foreclosure upon the collateral.

CASE RESULTS

$175,000

SETTLEMENT

Lou M.
VS
CONFIDENTIAL BANK

$4,000,000

SETTLEMENT

AL-M.
ADV
CHASE BANK

$995,000

SETTLEMENT

Lucy S.
VS
LANDLORD

$78,000

VERDICT

HIS MEDIA
VS
Madison

$4,500,000

SETTLEMENT

Alan
ADV
PREFERRED BANK

$88,000

SETTLEMENT

Georgina G.
VS
Citibank

$263,542

SETTLEMENT

Confidential
vs.
Wells Fargo

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