Category Archives: Other Lending, Debt, and Credit Issues

Matt Edwards article on mortgage fraud

Matthew A. Edwards of Baruch has written The Concept and Federal Crime of Mortgage Fraud, 57 American Criminal Law Review (2020). Here is the abstract: The impact of mortgage fraud on the United States financial and economic system during the past twenty years has been severe and enduring. Nothing illustrates this fact better than the […]

JPMorgan Chase raising standards for giving mortgages

by Jeff Sovern So Reuters reports here. According to the report, "customers applying for a new mortgage will need a credit score of at least 700, and will be required to make a down payment equal to 20% of the home’s value." One implication is that JPMorgan Chase at least suspects that traditional credit scores […]

WSJ article about how debt settlement firms can harm consumers

Here.  Excerpt: Companies like National Debt Relief seek out heavily indebted consumers with a promise to help them get out from under it. But regulators say these debt-settlement programs can leave customers worse off, facing high fees, damaged credit scores and unexpected income-tax bills. * * * Data from credit-reporting companies has been used by some debt-settlement […]

Is anything clear and conspicuous on the screen of a mobile phone or smartwatch?

by Jeff Sovern Many consumer laws require that businesses make "clear and conspicuous" disclosures.  See, e.g., Reg Z, 12 C.F.R. 1026.17(a)(1) (closed-end loans). But increasingly, consumers are obtaining loans through mobile phones. How can any disclosure on those tiny screens be clear and conspicuous? When the Fed thought about this issue back in 2007, it […]

New Report from U.S. PIRG Education Fund and the Frontier Group on Auto Lending

Today, my colleagues at U.S. PIRG Education Fund and the Frontier Group released a new report, “Driving Into Debt: The Hidden Cost of Risky Auto Loans to Consumers and Our Communities.” According to the executive summary (emphasis in original): In much of America, access to a car is all but required to hold a job […]

Total U.S. Household Debt Rises for the 16th Straight Quarter

Last week, the Federal Reserve Bank of New York issued its quarterly report on U.S. household debt and credit. It found that—for the 16th straight quarter—aggregate household debt balances increased in the second quarter of 2018. Debt from mortgage loans, auto loans, and credit cards increased, while outstanding student loan debt decreased. On the bright […]

“‘Too Little Too Late’: Bankruptcy Booms Among Older Americans”

Yesterday, the New York Times ran a distressing story by personal finance reporter Tara Siegel Bernard about the increasing rate of people 65 and older filing for bankruptcy protection. The story relies on a study that was recently released by professors Deborah Thorne of the University of Idaho, Pamela Foohey of the Indiana University Maurer School […]

Silber & Stites Paper on Merchant Authorized Consumer Cash Subsitutes

Norman I. Silber of Hofstra and Steven Stites of Stites & Harbison PLLC have written Merchant Authorized Consumer Cash Substitutes. Here is the abstract: Merchant Authorized Consumer Cash Substitutes (MACCS) have existed in one form or another for hundreds of years although without a generic name. At nineteenth century American railroad construction sites far from established […]

Mehrsa Baradaran’s Terrific Podcast for Who Makes Cents?

by Jeff Sovern I only just found out about Mehrsa Baradaran's terrific interview for the Who Makes Cents podcast. If you haven't made time to read her book, How the Other Half Banks, this will give you a brief introduction. For those who are unfamiliar with podcasts, it is easy to download them to a smartphone […]

In Double Whammy for Students, Tax Proposal Would Eliminate Deductibility of Student Loan Interest Payments and Tax Some School Endowments

by Jeff Sovern So reports MarketWatch. If the bill is enacted, students will effectively have to pay more for student loans and some schools will have a harder time helping with scholarships because their endowments will be smaller than they otherwise would be.