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Swimming With the Sharks

By Howard Karger, AlterNet. Posted January 11, 2006.


Predatory lenders like LoanMax have interest rates that would make even Tony Soprano green with envy.

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Reverend Al Sharpton finds solace in strange places.

"When I'm out fighting for the little guy and I need quick cash, I find comfort in knowing that LoanMax is here for me."

This is from a television ad he did in early December for LoanMax, a predatory auto title lender. After some criticism, Sharpton relented and declared a moratorium on the ads, saying he wants more financial data from LoanMax.

What data does Sharpton need? To get an auto title loan, a borrowers put up their car title as collateral along with an extra set of keys. They get a 30-day loan equal to a maximum of 50 percent of their vehicle's trade-in value. If the loan is repaid on time, the borrower gets the title back. If not, the vehicle is repossessed and sent to auction. In some states, the lender keeps the full proceeds of the auction, even if it exceeds the loan. To be fair, LoanMax isn't interested in repossession since it makes more money from customers' rolling over their debt from month to month. Trapping customers in a cycle of debt is the cornerstone of fringe lending.

LoanMax makes 500,000 title loans a year through 200 stores in 21 states. Its average car title loan is $400, and at a 30 percent monthly interest rate, it makes $120 on a $400 loan for 30 days. Since LoanMax claims that most borrowers repay their loan in two to three months, in only 90 days the average customer pays $360 in interest on a $400 loan. If customers take a year to pay off the debt, they'll spend a whopping $1,440 in interest on a $400 loan. Borrowers also pay title recording fees, plus some lenders add a $50 annual membership fee.

LoanMax's interest rates would make even Tony Soprano green with envy. According to the Justice Department, one underworld crew operated a large-scale loan sharking and bookmaking operation that preyed upon employees of stock brokerage firms. The crew made illegal loans at interest rates of one percent to five percent a week, or the equivalent of a 52 percent to 240 percent APR. This would be a bargain for auto title pawn customers. In fact, the phenomenal growth of legal fringe lenders may be cutting more into Mafia profits than the FBI's anti-racketeering efforts.

Sharpton claims he was recruited for LoanMax by Lamell McMorris, a civil rights activist and founder and CEO of Perennial Strategy Group, a consulting and lobbying firm. Quoted in the New Pittsburgh Courier, McMorris said, "I know a great deal about LoanMax because the owner of the company [Rod Aycox] is my best friend. LoanMax is not a predatory lending institution. As far as I'm concerned, they're green-lining a redlined America." Perennial wrote and disseminated LoanMax's rebuttal to attacks on the Sharpton commercial.

Predatory lenders like LoanMax crave respectability, and Lamell McMorris has the credentials to deliver. In 1998 Ebony named him one of the "30 leaders of the future, 30 and under." McMorris has worked with Jesse Jackson, the Chicago Urban League, the NAACP and the Rainbow/PUSH Coalition, and was director of the Southern Christian Leadership Conference. What better friend for a predatory lender?

The fringe economy represents an economic war targeted at the old, minorities and the poor. At its root, predatory lending is a class- and race-based industry. Check the zip codes. I doubt there's a LoanMax office located in a posh or upper-middle-class neighborhood. When Sharpton and McMorris work to make a rogue industry respectable, they are little more than well-paid mercenaries in an economic war against the poor. Promoting a debt culture also doesn't help the economic base of African American communities.

The main opposition to predatory lending comes from Democrats, and if fringe lenders can divide the leadership, the industry will be more secure. Part of the industry's strategy involves neutralizing or dividing African Americans over the issue. Unfortunately, this tactic seems to be working, at least on the basis of the silence of prominent civil rights activists like Jesse Jackson, Julian Bond and Bill Cosby. So far, no black leader has commented on Sharpton's swim with the LoanMax shark.

On the other hand, Congressional Black Caucus member Stephanie Tubbs-Jones refers to predatory lending as the "civil rights issue of this century." Take heed, she's probably right.

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Howard Karger is the author of "Shortchanged: Life and Debt in the Fringe Economy" (Berrett-Koehler, 2005).

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drew
Posted by: drew on Jan 11, 2006 2:56 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Lending practices are another significant area in which we are again victimizing the poor and clearly the class and racial factors are central to society tolerating and supporting these practices. Additionally, I have had opportunities to evaluate persons for competency and have also found that many who fall prey to these lenders also have limited educational and cognitive resources. The individuals to whom I am referring really don't understand the degree to which they are being cheated and have limited ability to generate and compare their already very limited alternatives. We allow this to happen, in many instances, to those who are most vulnerable not just socially but also personally. If we saw people as individuals and cared at all we would appreciate that it is not a matter of free and informed choice when cognitve and educational resources are so limited. Given the class, racial and, often, individual vulnerablities, we should not allow this practice to be simply be dismissed with statments regarding individual choice and responsibility. While in this political climate it is unlikely that the needs of the vulnerable will be seen above the greed of the more powerful this is not juse a case of shame on them, however, but an instance of shame on all of us.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

» RE: drew Posted by: JSquercia
» SHAME on the government Posted by: qrswave
I am a mortgage lender and I agree with this article except......
Posted by: Pepper on Jan 11, 2006 5:58 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
..... I also agree with Sharpton. I believe they are in a bind here. There clearly is discrimination in regular lending against blacks. I have seen it myself and it does exist, so how do "poor" people who don't qualify for a bank loan because the criteria systemically eliminates them from the pool, get a loan when they need one???

I have also seen this done to seniors. I had a client who was 78 years old and was property rich and cash poor. She got one loan at a "cash advance" place and had to pay $75 for the $500 cash that she received. It got her into a loop that she couldn't extract from. Each month she had to reborrow the money and it kept getting bigger.

I stepped in and got her a small 2nd on her house at a low rate so she could end the vicious cycle and worked with her family to quit using her as a source of money she didn't have.
It worked. But it is a big problem.

If its the only source of lending these people can qualify for, then there isn't much you can do about, however, what those leaders should do is

1. lobby congress to pass or REINSTATE THE USURY LAWS that were in place until the first Bush was in office and lifted them to save the banks, remember???? WE had a ceiling then of 12%. Lets go back to that. It takes the heat off of the leaders who are between a rock and a hard place.

2. They should pressure those in the community to charge reasonable "risk" premiums based on the regular "risk" premiums done by "hard money" lenders which is currently at an annual percentage rate of 15%. That is 1.25% interest a month, which on a $500 loan would be $6.25. They could do that since anything above that is not "risk" premium, rather its profiteering off of a trapped class of borrowers. That is not free enterprise, rather again a form of slavery. Working and paying and never getting out of debt.

Anyway, Its complex and I understand their dilema, but they could do SOMETHING to mitigate the problem. They are selling their constituents out if they don't do at least one of the two suggestions above.

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LoanMax Rebuttal Part 1
Posted by: LoanMax on Jan 11, 2006 7:23 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
LoanMax Proudly Makes Consumer Credit Available to Borrowers Abandoned by Banks

ATLANTA, GEORGIA, December 7, 2005 – Earlier this month, LoanMax, which offers short-term consumer loans to sub-prime borrowers, ran several television advertisements featuring the Reverend Al Sharpton, who stated something that Federal and state bank regulators have long known – there are only a few hearty souls “who will loan money to people the big guys won’t loan to.” These TV spots were immediately assailed by a number of organizations and individuals who mistakenly believe that LoanMax engages in predatory lending practices. On this issue, the bank regulators are right, and the naysayers are wrong.

For years, the Federal Reserve, the Federal Deposit Insurance Corporation, the Comptroller of the Currency, and the Office of Thrift Supervision have decried the failure of banks and finance companies to make credit available to minorities, women, the elderly, residents of inner-city and other urban neighborhoods, those who have very little collateral, and borrowers who have blemished credit histories (the lending industry and government regulators call these folks “sub-prime,” but we think they are terrific people). The situation was so dire that, in 1977, the U.S. Congress enacted the Community Reinvestment Act (CRA), which requires federally insured depository institutions to help meet the credit and borrowing needs of the communities in which they operate, including low- and moderate-income neighborhoods. To enforce this requirement, the federal bank regulators use a lender’s record in advancing credit to poor and disadvantaged borrowers when considering requests to expand services, open new branches, or acquire other banks.

Even with CRA’s passage, banks and thrifts have found many ways to avoid lending money to those who most need credit, often claiming that the practice is unsafe or unsound. This is another way of saying that poor people experience “high default” rates – the term bankers use when borrowers fail to repay their loans on time.

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LoanMax Rebuttal Part II
Posted by: LoanMax on Jan 11, 2006 7:24 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Banks also complain that, in poorer areas, the expense of authorizing and documenting a loan is relatively high in relation to the low dollar amounts of the loans (usually less than $1,000 per borrower) and the short duration of the loan term (usually only a few weeks or months). This is another way of saying that many banks have high overhead costs and inefficient internal processes.

In the bad old days, banks would draw thick red lines around neighborhoods they did not want to serve. This is called redlining, and is now largely banned. The red lines on maps may be gone, but the pernicious and discriminatory attitudes remain.

LoanMax fills a void created by banks, providing loans to credit-worthy customers who have a job or other reliable source of income to repay the loans, and a car or other collateral to secure them. The interest rate charged for such loans is often higher than what is posted on a bank’s lobby wall, but the higher interest rate offsets the greater risk of sub-prime lending.

Everyone understands that less affluent people experience higher default rates than more affluent people. Rather than responding to this fact by refusing to lend to certain communities altogether, we choose to lend in a prudent and responsible manner that appropriately acknowledges and addresses the unique challenges of serving those communities.

Our critics should not focus on the fact that we offer, in their view, a poor credit alternative. Our critics should focus on the fact that our competition fails to offer these same individuals a better credit alternative. If banks offered our customers loans at the interest rates posted on their lobby walls, we would not be in business. In this regard, we note that LoanMax complies with all federal and state lending laws in every jurisdiction where it does business.

“We offer a needed service at attractive rates. We invite others to do the same. We also challenge those who oppose our business model to offer a better alternative . . . and serve those who need credit. It’s easy to say that the disadvantaged need credit. As the banks show by their collective behavior every day, it’s hard to put deed to words. At LoanMax, we do. And we thank the Reverend Sharpton for bravely saying so on our behalf and on behalf of our customers.”

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» Loan Max Rebuttal Summed Up Thusly: Posted by: ABetterFuture
» "Reasonable" is part of the problem Posted by: ABetterFuture
» Finally. Posted by: ABetterFuture
» We don't agree often. Posted by: ABetterFuture
» No excuse Posted by: Allison
» RE: No excuse Posted by: Pepper
» No one is calling you names pepper. Posted by: ABetterFuture
Sharpton has better things to do rather than pose for a predatory lender
Posted by: maxpayne on Jan 11, 2006 7:45 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
For one thing, he could train more African Americans to stop falling into criminal traps all the time if he really cared to solve the so-called racial crisis but it looks like he's made himself a perfect Pat Robertson brother at this point. Sigh ...

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This is Tyranny
Posted by: jeffrey7 on Jan 11, 2006 8:29 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Compound Intrest Rates are killing the American economy. Not for the finance folks but for the average American. For doing nothing but taking up space these crooks get to 'steal'our money every year. Credit cards are no different.
Laws have been made to allow this theft and their progenetors have made sure the folks that will keep the theft going are securely in office. Just becaause the theft is hidden by policies and lending laws does'nt make it right.
There need to be a 'flat fee' intrest rate. It's calculated only once and that's all. In example, if you take out a loan for $100,000 the bank or whoever can charge you every year they carry the note.This could wind up being two or three times the value of the note. If a 'flat fee' was used,you'd pay intrest only once no matter how long the note was. Sure you'd wind up with banks that don't have expensive lobby furnishings or major Highrise buildings or CEO's making 100 million in salary,but you'd pay off the loan faster and we could stimulate more small business development from cheaper intrest rates. How much did your 'no down payment' home loan cost you? Mine was above $5,000, better than half was 'loan generation' fees and I was fefinancing with the same bank that held the original note. They got three grand for pushing a pencil. Money that would have been better used to punch a hole in the principle. That's why Big Finance is killing the average American. We must control this industry
just like any other. If we don't, The Scrooge's will run the world and there will be NO PEACE.

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Shameful, Discouraging & Disgusting
Posted by: CatDad on Jan 11, 2006 1:03 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Corporate America loves to co-opt symbols of the left and the 60s era...anti-WTO folk refer to this as “groovy capitalism.” The King family has shamelessly sold the imagery of the slain leader to the highest bidder...but at least they haven’t stooped this low. As if Progressives don’t have enough to be discouraged about...one of the champion leaders in the American Left and civil rights movement is now selling out to the worst possible predatory lenders for personal gain.

The credit/finance industry is the biggest supporter of the Cheney/bush (deliberate lower case) Regime...even more so than big oil. MBNA was the biggest supporter of Bush in 2000...more than Enron. In this pay-to-play political era, they’ve gotten what they wanted and they’ve taken over loan sharking which was previously operated by the mafia. They shamelessly justify what they are doing by saying that they are only offering “options” to customers who have no where else to turn.

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» Right on CatDad! Posted by: qrswave
Know Your Rights
Posted by: Miette on Jan 11, 2006 4:42 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Regarding the comment in this article about lenders in some states who can keep sales proceeds over the amount owed, this is not true. I am a compliance officer for a bank and if anyone reading this is in this situation, they are not in compliance with the Uniform Commercial Code and have every right to any surplus funds from the sale, no matter in what state they reside. This is pursuant to the Uniform Commercial Code Article 9 600 Section re: Default. This regulation and the laws of each state provide various protections when going through Repossession. Know your rights and examine the lender's liability, even if it is after the sale, you may have additional recourse. This is not intended as legal advice and for nothing other than informational purposes.

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» RE: Know Your Rights Posted by: Doubtom
» Wow Posted by: qrswave
Payday Lender LoanMax Protests Against Protesters
Posted by: PLIWatch on Jul 1, 2006 9:55 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
There was an interview with JJ Selmon, Community Organizer on the Payday Lender LoanMax Protests Against Protesters and Payday Loans in Kansas. On June 10th, payday loan provider LoanMax paid approx 400-plus people $100 each to go to the Sunflower seminar about the Dangers of Payday Loans and the payday loan industry. Mr. Selmon tells Payday Loan Industry Watch what happened. Then, PLIWatch.org discuss with Mr. Selmon a variety of payday loan issues affecting the Wichita community.

Go here for the Payday Loan Podcast online interview.

Please Note: as news ages you may still find the online podcast interview with JJ Selmon in our archives.

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