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Predator Loans

President Signs Predatory Lending Bill

On October 17, President George Bush signed the National Defense Authorization Act, one provision of which deals with short term loans to military families. This legislation is also known as Chapter 49 of Title 10, U.S. Code, Section 987 and will go into effect October 1, 2007 or when Department of Defense regulations are made official, whichever comes first.

This legislation is designed to lessen the grip of predatory lending practices on service members and their families. Some of its key points include:

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Interest rate is capped at 36percent APR. This includes all fees, service charges, renewal charges, credit insurance premiums, any ancillary product sold with any extension of credit to a service member or the service member’s dependent and charges attached to the loan.
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Unlawful for creditor to roll over, renew, or refinance a PDL. Cannot require borrower to waive any right to legal recourse or submit to arbitration.
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Creditor cannot require access to accounts, repayment by allotment, or the title of a vehicle as security.
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Any credit agreement, promissory note or other contract prohibited under this law is void from inception. Any creditor who violates this law shall be fined /or imprisoned.
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This bill covers consumer credit, “including consumer credit originated or extended through the internet.” However, it doesn’t cover foreign internet lenders outside the United States, and doesn’t apply to residential mortgages or purchase of a car or other personal property.

 

 

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01/04/2011

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