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Good Debt vs. Bad Debt: Do You Know the Difference?

Posted on September 6, 2019by Admin

When it comes to debt, not all debt is created equal. If the money being borrowed helps increase the borrower’s net worth or income, that debt is considered “good” debt, while bad debt only worsens a person’s financial situation.

Good Debt

Good debt is any obligation that would increase a person’s net worth or income. While it does involve a financial obligation to repay a debt, it can also be something positive or beneficial to the consumer. Good debt also tends to come with a lower interest rate on the amount owed. Mortgages are one example of good debt because the person who takes out the loan ends up with an asset that will increase his or her net worth. Car loans are also considered good debt since they are attached to an asset, namely a car. Student loans are another type of debt that are considered good debt, especially when it comes to obtaining a desired degree and furthering job prospects and earning power for the borrower. These loans may not be attached directly to an asset, but they tend to have lower interest rates, especially if the loans are federal student loans.

Bankruptcy Law, Debt Relief

Trump Administration Delays Consumer Protections for Abusive Payday and Car-Title Lenders

Posted on August 22, 2019by Admin

New consumer protections against abusive lending practices have been placed on hold by the Trump Administration for another 15 months. The protections that were enacted in 2017 were set to take effect this week are now being delayed, perhaps indefinitely. The reasoning behind the delay of this consumer safeguard: ‘It’s too troublesome for lenders.’

The delay is being viewed as just another example of the current administration stripping away consumer-friendly policies enacted under the Obama administration.

Debt Relief, Timothy Kingcade Posts

Mulvaney’s Role in Dismantling Consumer Financial Protection Bureau Highlighted in New York Times Magazine

Posted on April 23, 2019by Admin

After Mick Mulvaney was appointed as the acting director of the Consumer Financial Protection Bureau (CFPB), following the start of President Trump’s term, many consumer advocates feared that he would bring sweeping changes that would undo any of the progress that the CFPB had made in protecting consumers. A recent opinion piece published by New York Times Magazine highlighted many of the events following Mulvaney’s appointment that showed that many of those fears were, in fact, quite valid.

The CFPB was originally created with the assistance of Senator Elizabeth Warren, following the 2008 financial crisis. The agency was meant to be an economic watchdog for American consumers and protect them from predatory lenders. However, after its creation, opponents of the agency in the Republican party disputed efforts made by the CFPB. It was not surprising that President Trump would appoint someone who did not fully support the agency’s mission to run the CFPB soon after being elected.

Shortly after Mulvaney began working at the CFPB, he ordered a total hiring freeze, put many enforcement cases on hold and also informed the Federal Reserve, the agency that funded the CFPB a zero dollar budget, stating that the CFPB could handle its affairs with money already in their account.

Within weeks, Mulvaney announced that he would reconsider one of the bureau’s major long-term initiatives: rules to restrict payday loans, products that are marketed to the working poor as an emergency lifeline but frequently leave them buried in debt.

“Anybody who thinks that a Trump-administration C.F.P.B. would be the same as an Obama-administration C.F.P.B. is simply being naïve,” Mulvaney told reporters. “Elections have consequences at every agency.”

A payday loan is a short-term loan given in exchange for the borrower’s paycheck, along with a fee paid to the lender. Mulvaney was not supportive of the CFPB’s role in restricting payday lenders. While he agreed that these loans were not always financially sound, it was his stated position that borrowers should be wiser and not take out these loans without understanding the terms.

However, the CFPB and Warren previously viewed payday companies as predatory lenders who took advantage of borrowers who were desperate to get out of a bad financial situation.

‘These are entities that suck up billions of dollars a year from people making $25,000 a year. And it’s going into the pockets of the wealthiest people in the world.’

Borrowers take out these loans in a last-ditch effort to pay for an emergency expense but very rarely are informed of the terms in fine print, or misinformed of the consequences if they fail to pay the loan off timely. If a borrower cannot pay the loan off at the end of the period, the companies often roll the older loans into new ones with even higher fees.

Many states offer protection for borrowers when it comes to predatory lending and payday loans. However, it was Warren’s position and the original mission of the CFPB to provide uniform protections for all borrowers nationwide. Florida offers consumers who take out payday loans from licensed lenders certain protections, including the following:

A borrower may borrow up to $500 per loan;
A borrower can only have one outstanding loan at a time;
The maximum fee that can be charged is 10 percent of the total amount borrowed, plus a $5.00 verification fee;
The loan contract cannot exceed 31 days but can also not be less than seven days;
Contract terms that otherwise limit your rights as a borrower are prohibited;
A borrower must pay a previous loan in full and wait a full 24 hours before entering another loan;
If the borrower is not able to pay the loan in full at the end of the term, the lender must give a 60-day grace period without any additional charge.

The New York Times Magazine piece also highlighted the fact that Mulvaney received campaign donations in the past from many different payday lenders, which leads one to question the motivation behind the CFPB’s sudden change in policy when it comes to payday loans. Mulvaney is now working as the President’s Chief of Staff, but the changes made at the CFPB have had longstanding ramifications when it comes to consumer protection from predatory lending practices.

Click here to read more on this story.

If you have questions on this topic or are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade Garcia McMaken has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade Garcia McMaken website at www.miamibankruptcy.com.

Additional Resources:

https://www.accountsrecovery.net/2019/04/16/nyt-feature-details-how-mick-mulvaney-took-apart-the-cfpb/

https://www.flofr.com/sitePages/PaydayLenders.htm

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

New Payday Loan Rules

Posted on November 2, 2017by Admin

The Consumer Financial Protection Bureau (CFPB) announced new rules on payday loans this week that will help low-income borrowers and families trapped in a cycle of debt. Payday loans are typically between $200 and $1,000 and must be paid back as soon as the borrower receives his or her next paycheck.

On average, a fee of $15 for every $100 borrowed is charged, according to the Community Financial Services Association of America (CFSA). That is an annual interest rate of 391%.

The CFPB argues that most customers who take out the loans are already in financial trouble and cannot afford the fees and penalties associated with these loans. Approximately four out of five payday loan customers re-borrow their loan within a month.

Here is what the new payday lending rules will do:

Qualify borrowers– Lenders will need to check a borrower’s income, living expenses and their major financial obligations, like their mortgage and car payment, to qualify them for the loan. In most cases this will involve pulling their credit report.

Rules for loans under $500– Borrowers will not necessarily need to be qualified for these, but they must pay at least one-third of their loan back before they can take out another. Frequent borrowers and those who cannot afford to pay back the loans will be prevented from borrowing, again.

Limits on the number of loans– If a borrower takes out three payday loans back-to-back, lenders must cut them off for 30 days. Also, unless they can prove an ability to pay it all back, borrowers cannot take out more than one payday loan at a time.

Penalty fee prevention. Lenders cannot continue trying to withdraw payments from a borrowers’ account if they do not have sufficient funds. After two payment attempts, lenders will be required to re-authorize a payment method with the borrower.

Click here to read more on this story.

If you have any questions on this topic or are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade Garcia McMaken has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade Garcia McMaken website at www.miamibankruptcy.com.

Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

New Payday Loan Regulations for Lenders

Posted on July 27, 2017by Admin

Online lenders are now required to advertise on at least one price comparison website and display “prominently” a link on their own website to a price comparison site. A cap on payday loan costs is also being enforced. The Competition and Markets Authority (CMA), say the new rules are a win for consumers and will allow them to compare loans more easily and establish the best value. Borrowers will also be provided a clear explanation of the fees and charges, making it easier to determine the costs of missing payments.

We never advise clients’ resort to taking out payday loans, as this are an extremely costly way to borrow money. We have identified alternatives to payday loans in another blog on this same topic.

Click here to read more about this story.

If you have any questions on this topic or are in a financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

FTC Cracks Down on Dishonest Payday Lenders

Posted on January 30, 2017by Admin

The FTC has been targeting fraudulent payday lending companies, headquartered in Missouri and Kansas, with consumer settlements reaching as high as $1.266 billion. The FTC recently announced charges against Joel Jerome Tucker, and his companies, SQ Capital LLC, JT Holding Inc., and HPD LLC, for selling portfolios made up of phony payday loans.

The loans listed in the portfolios named fake lenders and debtors, including their social security and bank account numbers, and led to collection activities against consumers who had not taken out loans, according to the FTC.

In another case, a settlement was reached between the FTC and payday lenders, Tim Coppinger and Ted Rowland, and their companies.

Under the terms of the agreement, the lenders paid nearly $1 million with the threat of substantially greater judgments (up to $32 million) should they fail to abide by the terms of the settlement agreement. The fraudulent activity included debiting money from the accounts of people who never requested loans, but for whom the payday lender had obtained personal information. They would then charge interest and fees on the unauthorized loans.

Click here to read more on this story.

If you are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Federal Suit would take Google’s Payday lending crackdown a step further

Posted on June 3, 2016by Admin

Google has announced that beginning in July, it will stop selling ads to payday lenders and other companies in the business of short-term, high-interest consumer loans. Currently, when a consumer types into Google “need cash now,” the results are paid advertisements from high interest lenders and companies that refer them customers.

However, beneath those paid advertisements are search results with links to websites, such as INeedALoan.net and LocalCashNow.com that promise to connect borrowers with the same type of predatory loans. But a lawsuit filed by a federal watchdog could make it harder for those lead-generation sites to operate and may even put some out of business.

Last year, the Consumer Financial Protection Bureau (CFPB) sued T3Leads, a Burbank broker that sells consumer loan inquiries to online lenders alleging that it does little to prevent the lead-generation sites it works with from making misleading claims.

Online lenders are already worried over Google’s decision to no longer sell ads for short-term or high-interest loans — those that must be repaid within 60 days or that carry interest rates of 36% or higher. Google sources said the policy, which goes into effect July 13, will also apply to lead-generation websites that sell consumer data to those lenders.

On the typical lead-generation site, borrowers fill out an application, provide names, addresses, even Social Security and bank account numbers. Once borrowers click submit, it triggers a series of nearly instant transactions.

First, the information is usually sold by the lead-generation site to an aggregator like T3. Next, the aggregator auctions the information to lenders. Finally, the borrower is automatically redirected to the website of whichever lender won the auction.

The CFPB alleges that the process can result in consumers being tricked into taking out loans from lenders that charge the highest interest because often they are the highest bidders for the lead.

Click here to read more on this story.

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

Payday Loan Changes Coming to Florida

Posted on May 9, 2016by Admin

Payday loans are quick cash that come with steep consequences, oftentimes the interest rate on payday loans can easily reach triple digits. However, for many individuals and families living paycheck-to-paycheck, it’s the only way to make ends meet. Tens of thousands living in Florida rely weekly on payday loans.

Payday loans are short-term and often paid off as soon as the borrower receives their next paycheck. But between the high interest rates and fees, this quick cash comes with a hefty price tag. Annual percentage rates can soar as high as 400%! This month the federal government is expected to impose national standards and limits on payday loans.

Consumer counselors agree that payday loan rules not only keep lenders in check, but protect people from getting in over their heads. In Florida, about 7% of the population relies on payday loans. That is one of the highest rates in the nation. There is also concern that if federal guidelines make the rules too strict, people who actually need the cash in a crisis – for example, to pay for a car repair or medical bill – may not be able to get it.

The question now is whether the new federal rules would strengthen, weaken, or leave in place what the state has already established.

Payday lending is limited in several ways in Florida. The law places limits on:

the amount of the loan ($500);
the number of loans you can have outstanding (only one at a time);
the length of the loan term (cannot be for less than seven days or more than 31 days);
the fees and costs that can be charged (interest is capped at 18%), and
the collection process if you do not pay.

To learn more about Florida’s payday loan laws, click here.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Many States have cracked down on Predatory Payday Loans- But how are Lenders Still Evading the Law?

Posted on February 19, 2015by Admin

Several states have passed legislation, which regulate or completely outlaw payday loans. These types of predatory loans often charge triple-digit interest rates and tend to be a last resort for the poor and extremely desperate consumer. The business of lending to the low-income is a lucrative one and lenders continue to find loopholes.

Below are just five ways lenders have dodged current legislation:

1.) Disguising themselves as “other kinds” of lenders. Many payday lenders have become licensed as mortgage lenders, which operate under different rules and allow them to continue what they are doing.

2.) Altering the definition of “payday lending.” In 2006, Congress passed the Military Lending Act, which in part forbids lenders from charging active military households more than 36 percent interest on short-term loans. That provision has been something of a failure, according to the Consumer Financial Protection Bureau. The problem lies in the definition of a short-term loan. For example, the law regulates payday loans of 91 days or shorter; to evade this law, many lenders are offering loans just slightly longer than 91 days.

3.) Issuing simultaneous loans. Payday lenders are splitting up big loans into small, concurrent loan. For example, in Mississippi, two-week loans cannot exceed $250. Instead, lenders are giving four $100 loans at the same time. Whereas it is illegal to make a $400 loan due in only two weeks, the four $100 loans is perfectly legal.

4.) Referring to themselves as loan middlemen. Many payday lenders have registered themselves as “credit repair organizations.” These groups operate as middlemen, connecting customers to law-abiding loans from third-party lenders. So how do they make their money? By tacking their own fees on top of each transaction.

5.) Using Indian tribes to evade the law. Some payday lenders are partnering with Indian tribes to exempt themselves from local lending laws. These lenders tend to operate online, which allow them to offer their services nationwide- including states where payday lending has been banned.

Click here to read more on this story.

If you are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Credit, Timothy Kingcade Posts

Beware the Dangers of Payday Loans

Posted on April 17, 2013by Admin

Financial mistakes can have lasting effects that may take you years to recover from. Overspending on shopping trips, overusing credit cards and taking out payday loans are a few of the most common mistakes Americans make with their finances.

What is a Payday Loan?

Payday loans are also known as cash advances or paycheck advances. They are usually short-term loans that you must repay by the time you get your next paycheck. The lender charges you a fee, plus interest on the amount you borrow. Lenders do not typically run a full credit check for payday loans; another reason why they are becoming popular. Since the lender is taking a very large risk by loaning you the money, payday loans tend to have extremely high interest rates.

Disadvantages of Payday Loans

Some states do not allow payday loans at all. Of those that do, these states limit how high the annual percentage rate (APR) can be. Other states do not set restrictions on payday loan APRs. In these states, the APR can be anywhere from 300% to 900%. Although it is a very easy and fast way to get cash, you should be very careful when taking out a payday loan because you might end up paying more in interest than you originally borrowed.

When you take out a payday loan, you write a check for the amount borrowed plus a fee that will be cashed by the lender on your next payday. If you cannot repay it on that day, it rolls over to the following payday. Many borrowers get into trouble this way. If you continue to let the loan rollover, your debt substantially grows due to your inflated APR.

Alternatives to Payday Loans

Credit union loans – your local credit union may offer small, short-term loans to members.

Small bank loans – many small banks offer alternatives to those looking into payday loans.

Advances from employers – it may serve your best interest to ask for an advance from your employer instead of getting a loan that will accrue interest.

Borrow from family or friends – although it may put a strain on your relationship, this can be your best option because they will likely be lenient on the repayment date.

Click here to read more about the dangers of payday loans.

If you are in a financial crisis and are considering filing bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.