20 Jan
ACORN member demonstrating against predatory l...

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In addition to discussing remedial measures for predatory lending, it is important to also discuss ways in which individuals can avoid receiving a predatory loan.

The first way to avoid predatory lending is to comparison shop different lenders to find the best deal. As predatory lenders would have them believe, borrowers with credit problems think that only by paying exorbitant interest rates can they qualify for a loan. However, the truth is that up to 50% of those people who receive predatory loans would actually qualify for a prime loan. The most practical way to remedy this problem is for a borrower to obtain a credit history report and have it analyzed by a disinterested third party. By doing this, the borrower will know when a predatory lender is being untruthful about the type of loan for which he or she will qualify due to credit problems.

Second, when applying for a loan, keep an eye out for common misrepresentations that are indicative of predatory loans. For example, the lender states that the loan has the flexibility of an open line of credit, or the lender requires credit insurance, claiming it is the only way the borrower will qualify for the loan. Next, the consumer should ask to see the lender’s published rates on fees and points.

Finally, the consumer should look for terms and conditions that will trap him or her into the loan. As discussed above, prepayment clauses are indicative of a predatory loan. The reasoning behind prepayment clauses is to keep borrowers from refinancing into a prime loan once they learn the financial reality of their current loan. Furthermore, when a borrower is offered a loan that is “asset based”(10), he or she should demand to be told what affect such a loan could have on the asset’s equity.


It is important for attorneys to utilize all available tools at their discretion to curb harm resulting from predatory lending. California Finance Code § 4970 is a powerful new tool for litigators. Equipped with this new tool and California Business & Professions Code 17200, California attorneys should be eager to assist the victims of predatory lending.

In addition, it is important for the consumer to learn ways to spot predatory lending terms and conditions. By seeking the advice of counsel when applying for a loan, one may be able to avoid financial pitfalls down the road.



  1. Suggestive measures for a Defaulters of RBI « sumedhmodak - January 20, 2012

    […] Ways to Avoid Predatory Lending (timothymccandless.wordpress.com) […]

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