PHOENIX (Arizona Republic Editorial) December 5, 2004 - Regulations can turn the pursuit of profits into an obstacle course.
But, sometimes, mandating limits on what an industry can do is
beneficial to consumers and the industry itself.
We believe Attorney General Terry Goddard's call for a statutory
prohibition on predatory lending practices belongs in that category.
The vast majority of Arizona lenders do not turn a quick buck by taking
advantage of people's naivetι, language barriers or age.
But some do.
Mortgage loan problems are now among the top 10 complaints consumers
make to the Attorney General's Office. Practices include exorbitant
fees, high interest rates, balloon payments, and huge prepayment
penalties that kick in if someone in a bad loan situation tries to
refinance.
Many of these loans begin with a solicitation to refinance an existing
mortgage. Instead of the promised lower monthly payment, the unwary
mortgage holder may wind up owing much more money and being vulnerable
to foreclosure.
The problems are occurring in the sub-prime or high-risk loan market.
Those victimized generally have no credit, such as new immigrants, or
bad credit. These folks are especially vulnerable because they have few
choices. They also represent a genuine risk to lenders, so it is
understandable that they would have to pay higher interest rates.
But they shouldn't be gouged.
Goddard's proposal addresses only the high-risk loan market and makes
straightforward requirements for disclosure and reasonable limitations
on problem practices.
It is designed to protect consumers, not drive lenders out of business.
Given the scale of Arizona's real estate market, it is likely that
lenders willing to abide by reasonable rules would soon replace any
unscrupulous lenders who fled as a result of the restrictions.
In addition, Goddard points out that Household International and its
subsidiaries survived restrictions resulting from a national settlement
in a case alleging unfair lending practices.
The reputation of the entire mortgage-lending industry is diminished by
the few who engage in predatory lending. The industry's reputation would
be enhanced if industry leaders joined in efforts to enact meaningful
reform. In addition, action on the state level would prevent cities from
coming up with a patchwork of different rules designed to protect
residents.
Amy Swaney, incoming president of the Arizona Mortgage Lenders
Association, says there are "predatory individuals" working within the
lending community, but her group favors a national solution. But
existing national guidelines have not been sufficient, and future
federal laws may also be inadequate to protect Arizona consumers.
At least 20 states have passed predatory-lending laws to protect the
specific needs of their residents.
Arizona should, too.
We urge the mortgage industry to work with the attorney general to
design and support a bill that will protect high-risk borrowers in
Arizona from predatory practices.
That would benefit consumers and industry.
