SUPPORT FOR FEDERAL LEGISLATION TO COMBAT PREDATORY LENDING
WHEREAS, many cities and communities have experienced a ten-fold increase in the
number of subprime loans since 1993 according to a report published by the
Department of Housing and Urban Development; and
WHEREAS, several federal regulators and others recognize that a subset of subprime
lenders engage in predatory lending, which includes unscrupulous lending practices
involving misleading marketing and high pressure lending tactics, excessive fees,
exorbitant interest rates, and hidden loan terms; and
WHEREAS, these lending practices strip hard-earned equity from homeowners,
including senior citizens, putting them at risk of foreclosure and damaging their credit
ratings; and
WHEREAS, the increase in foreclosed and vacant homes leads to decreasing property
values for neighboring homeowners, increased crime activity, and threatens
neighborhood blight; and
WHEREAS, regulatory oversight and examination of the institutions engaged in these
activities has been at best inadequate; and
WHEREAS, the U.S. Department of Housing and Urban Development , the U.S.
Treasury Department, the Federal banking regulatory agencies, and the Federal Trade
Commission have identified predatory mortgage lending as a serious problem in need
of further action; and
WHEREAS, local and state governments have taken steps to prohibit certain lending
practices in an effort to combat predatory lending; and
WHEREAS, a recent study by the Center for Community Change found that pervasive
racial disparities exist within the sub-prime lending market, and that African Americans
and Hispanics are disproportionately represented in the subprime home refinance
market; and
WHEREAS, the studies findings suggest that racial disparities exist at all income levels,
in all regions, and in cities and metropolitan areas of all sizes; and
WHEREAS, the Predatory Lending Consumer Protection Act of 2002 as been
introduced in the United States Senate (S. 2438), and a companion bill (H.R.1051) has
been introduced in the U.S. House of Representatives; and
WHEREAS, both bills promise to combat predatory lending and reduce the devastating
impact lending abuse has upon our communities; and
WHEREAS, the bills are designed to strengthen current laws by closing gaps in the
Truth-in-Lending Act (TILA) and the Home Owners Equity Protection Act (HOEPA); and
WHEREAS, the legislation amends HOEPA by tightening the definition of a "high cost
mortgage" for which certain consumer protections are triggered,
NOW, THEREFORE, BE IT RESOLVED, that we, the United States Conference of
Mayors supports the "Predatory Lending Consumer Protection Act of 2002"; and
BE IT FURTHER RESOLVED, that the USCM supports the proposal by the Board of
Governors of the Federal Reserve Board to strengthen the Home Owner and Equity
Protection Act (HOEPA), the key Federal statutory protection against predatory lending,
by lowering the interest rate based trigger by two percentage points and by including
single premium credit life products paid at closing into the fee-based calculation for
determining coverage, and thus expanding the scope of high cost mortgages covered
by this law; and
BE IT FURTHER RESOLVED, that the USCM supports the proposal by the Board of
Governors of the Federal Reserve System to revise the reporting requirements for
lenders under the federal Home Mortgage Disclosure Act (HMDA) to make the public
disclosure statute a more useful tool for combating predatory lending by requiring loan
reporting include information on the cost of credit, including the annual percentage rate
(APR) and whether the loan is covered; and
BE IT FURTHER RESOLVED, that the United States Conference of Mayors, through a
Task Force on Financial Literacy and Predatory Lending shall develop a comprehensive
national strategy to combat predatory lending and to promote financial literacy among
its citizens.