“Loan-Sharking” equates to usury, which is charging interest above an established legal rate. “Pay Advance”, “Check Advance”, “Deferred Deposit”, “Payday Loan”, or any other label like it is lower than loan-sharking. It is a legal, multi-billion dollar industry that you do not want to get lured into.

As a young military in Korea years ago, I remember none of us had much money. Gambling and “other pastimes” took the little we had before month’s end– but there were always the “friendly”, black-market loan sharks offering 50% interest loans very close by. Guess who was also 5 feet away from the pay station on pay day… the Korean version of Don Corleone, of course.

It has not changed much over the years or location or title. The Payday or cash advance lender still preys on the financially struggling individual. The pay back still revolves around payday. The rates are still exorbitant. What has changed is that it is now legal, the “APR” exceeds 350%, and the client is not restricted to the military. The prey are now thousands of struggling, hard working folks who are having a tough time making it to the end of the month. Many toil on very low paying jobs, have serious medical debt, gambling addictions or worse. But they all are collecting pay stubs and maintain a checking account.

So the hard working, debt-burdened consumer sees a warm, friendly, office with an innocent name such as Pay Advance. “Is this an opportunity or what?” Sure it is… for the lender. Here’s a scenario from real life copied from e-mail sent to me.

“I owe nine check advance companies (companies that will let you write a check for cash with a fee included) a total of $3000. I also have approximately 15 checks I have bounced as a result of trying to pay off these check advance companies. The total amount due of all the checks with fees is approximately $1500. I have people calling me all the time and they are also calling my boss at work. They tell me I can not make partial payments on my checks and almost all of them want their money within ten days or they will turn it over to the county courts office.”

Not An Isolated Case

Check advance operations are springing up across the nation and may be one of the fastest growing industries we have. The former owners of Blockbuster Videos sold their successful corporation to reinvest in their first pay advance operation. That was 3 years ago. There are now 1500 offices and that is just one conglomerate. Business growth like this does not occur without phenomenal profit potential. I would consider a 200%, 300%, or 400% APR a sizable potential profit, wouldn’t you?

But another e-mail referred to an article in a Memphis newspaper. The author of the article queried one of the owners/managers of a check advance business and pointed out that high fees [$20 for 7 days on $300] worked out to be a 360% APR. The payday loan owner said, “It did not matter what the yearly rate was if you only needed the loan for a short period of time.”

The owner is right- or is he? We have already addressed the fact that the tendency is to use such a system again and again. If I pay a loan back and then take out another, and then another, and then another, I bet I can make a strong case for 360% APR.

But it is not an APR.

It is a fee. The Glossary of Political Economy Terms from Auburn University defines Interest rate as “The price(s) of obtaining the temporary use of money that one borrows from someone else who actually owns it, normally expressed as a percentage of the amount borrowed per year.” A fee, on the other hand, is “a charge for services rendered”.

Therefore, it is not an “excessive APR” because it’s a fee and any comparison to usury is comparing apples and oranges. So how could it possibly be loan-sharking? DUH. What is wrong with me. But here is another little tidbit. Collectors cannot take partial payment for advance check pay back because advance pay is not considered a loan. Advance check operations fall under non-sufficient fund (NSF) laws, which means they can demand the local district attorney’s office to act as their collection agency.

No wonder these operations are flourishing. They have it all going for them.

Authoritative Words From Others.

The Consumer Federation of America calls it legal loan sharking:

“The Consumer Federation of America describes them [Payday Loans] best: ‘Payday loans are single-payment, short-term loans based on personal checks held for future deposit or on electronic access to personal checking accounts. In a typical transaction, a consumer writes a check for $117.65 to borrow $100 cash, with the total amount due by next payday or in up to 14 days. The $17.65 finance charge computes to a 459% annual percentage rate.’”

And the very respected American Association of Retired Persons (AARP) has this to say:

“typically involve small amounts of money lent for a short period at very high interest rates. The customer — usually a low-income individual who is excluded from mainstream lending sources…. Many borrowers end up renewing the loan over and over again because they cannot pay off the loan and still have insufficient funds to cover the check when the loan period ends. In the example above [charge $15 for a $100 loan for two weeks], they would pay another $15 each time they extended the loan, receiving no additional money in return. While the effective annual interest rate depends on the fee and how many times the borrower pays an additional fee to renew the loan, estimated annual percentage rates around the country range from 700% to 2,000%.”

Alternatives to Payday Loans

FTC and Consumer Federation of America (among others) suggest some of these alternatives to Payday Loans:

1. Make a realistic budget, and figure your monthly and daily expenditures.

a. Avoid unnecessary purchases – even small daily items.

b. Build some savings – even small deposits can help – to avoid borrowing for emergencies, unexpected expenses or other items.

c. Putting the amount of the fee that would be paid on a typical $300 payday loan in a savings account for six months can give you a buffer against financial emergencies.

2. Find out if you have, or can get, overdraft protection on your checking account. If you are regularly using most or all of the funds in your account and if you make a mistake in your checking (or savings) account ledger or records, overdraft protection can help protect you from further credit problems. Find out the terms of overdraft protection.

3. If you need help working out a debt repayment plan with creditors or developing a budget, contact your local consumer credit counseling service. There are non-profit groups in every state that offer credit guidance to consumers. These services are available at little or no cost. Also, check with your employer, credit union or housing authority for no- or low-cost credit counseling programs.

4. If you decide you must use a payday loan, borrow only as much as you can afford to pay with your next paycheck and still have enough to make it to the next payday.

5. Ask your creditors for more time to pay your bills. Find out what they will charge for that service – as a late charge, an additional finance charge or a higher interest rate.

6. Shop for the lowest cost credit available from cash advances on credit cards, small loans from a credit union or a small loan company.

7. Consider asking your employer for an advance or turning to friends or family when an emergency arises. Put in writing a good faith agreement to pay them back by a certain date.

8. Some community-based organizations may make small business loans to individuals.

9. Ask for more time to pay utility bills.

Breaking Out of the Downward Spiral

Please understand, I am not advocating not paying your just debt. But the following are ideas presented to me by others who have been caught up in the payday loan spider’s web. They are offered to your for your prudent decisions.

1. “Came to a point that I could not pay them. I called them and told them. They asked what I could send them and placed an amount. One even told me if I could not make a payment, just to call.”

2. “Criminal bad-check laws do not usually include post-dated checks. Furthermore these can be discharged in bankruptcy. At the time you write these checks, the lender knows they are bad because they are post dated. They therefore are not generally considered “bad checks” but “bad debts”, and ordinary debt laws apply. So, at least from a legal point of view, skipping out on the payday lender is no worse than skipping out on any other lender.”

3. “I would close the checking account. Open a new one and then start paying them with money orders. This might be a temporary option so that you can get caught up on your mortgage. I would hate for you to get even further behind just to pay the Check for Cash people.”

4. “Stop payment on the outstanding checks they already have prior to closing the account to de-fuse the possibility of getting stuck in the ChexSystem mess.”

5. “I was once caught up in the payday advance situation. What I ended up putting a stop payment on the checks (2) and then making payment arrangements with the company. Even though they weren’t too happy, at least I was making a dent in the debt and not incurring any more charges. Although one of the places wrote it off to a collection company, they still accepted getting $25 a month each. Then I could use my paychecks to pay my bills, instead of the fees they charge you. While it may not be the perfect solution, at least you will break the payday cycle. Hope this helps. Also when I made the payments I used money orders.”

6. “Check the laws for your state regarding the Check for Cash places. I know in Florida you can contact the lender and tell them you will not be able to pay the check. They give you 90 days to pay the check but you must enter into a debt counseling class. Maybe your state has a law like this.”

7. “I wrote to the payday companies, certified mail (even if they are in your hometown, I’d do this because it legally proves you contacted them). I told them that due to unforeseen circumstances, I could no longer pay them. I offered a payment plan that was more than fair, even including their interest fees. A few of them refused, but they ended up having to accept what I could pay, and those that refused ended up not even getting the interest.”

8. “Stop paying them. I believe that all states now have laws prohibiting them from prosecuting you. If you’ve written the letter telling them they can’t pay, and then stop payment on the check, you will have protected yourself somewhat if they chose to go after a civil judgment (they won’t). Then, make payments YOU can afford…DO NOT let them set the terms. Once you get your mortgage, electric and phone caught up, increase the payments to the payday loan people significantly until you can pay them off, but don’t increase them to the point you can’t pay them.”

9. “The best thing to do is to contact the payday lender as soon as you find out that you cannot pay them (due to your employer changing paydays, or other reasons). IT really helps if you can provide documentation or a contact (such as your boss, or payroll company), to back up your story. Most payday lenders are flexible, and would rather get paid late, then not at all. Again, think of yourself as a lender, and your brother-in-law that owed you money came to you and explained that his baby unexpectedly got sick. You are more inclined to believe him if he shows you bill from the doctor with a date on it that is after you loaned him the money, right?”

10. “Section 3-104(2)(b) of the UCC, defines a check as ‘a draft drawn on a bank and payable on demand.’ A postdated check, since it is not payable on demand, does not satisfy this demand. Consequently, it has generally been held by most states that the giving of a post-dated check does not constitute a present fraud nor is it within the scope of the bad check laws.”

What can we as a society do?

Consumer Federation of America offers major insight to answer this question in the following statement.

“Failing an outright ban on cash advance loans, this type of loan should be explicitly regulated through state small loan laws requiring licensing or registration with state banking officials. Disclosures must comply with the federal Truth in Lending Act.”

1. There should be an absolute cap on effective annual interest rates. States should limit the size of these loans, set a minimum term that realistically permits the loan to be repaid, require written contracts, forbid multiple loans and roll-over of cash advances into new loans, and prohibit lenders from threatening borrowers with bad check laws if they fall behind on payments.

2. Lenders should not be permitted to bring criminal prosecution for failure to pay cash advance loans on checks and these loans should be treated as unsecured debt for purposes of bankruptcy. States should collect industry-wide data to monitor the business.

3. The federal government should close any loopholes that permit national banks to make payday loans in any state that prohibits state check cashiers or state chartered financial institutions from making this type of loan. The Comptroller should require banks to comply with the consumer protections in the states where they do business.

Readers will probably be interested to know Mike, the author of this article, also offers a free debt elimination mini-course via e-mail. You can enroll at Debt Free In 7.5 Years.

A mortgage is a method of using property (real or personal) as security for the payment of a debt. It is an arrangement whereby a lender (the mortgagee) dispenses money to a borrower (the mortgagor), having the mortgagor’s assets as collateral. Mortgages have played a significant role in allowing the spread of home ownership.

However, mortgages are not limited to loans used to buy homes or land. Mortgages of movable personal properties are possible, but the intricacy of the relevant law has meant that such mortgages are uncommon. A mortgage is unlike a hire-purchase agreement in that the mortgaged property belongs to the borrower. The mortgage becomes obsolete when the loan is fully repaid along with all the interest due.

In the past, a mortgage was a conveyance of land that, on its face, was absolute and conveyed a fee simple estate, but which was in fact conditional, and would be of no effect if certain conditions were not met — usually, but not necessarily, the repayment of a debt to the original landowner. Hence the word “mortgage,” Law French for “dead pledge.” The mortgage debt remained in effect whether or not the land could successfully produce enough income to repay the debt. In theory, a mortgage required no further steps to be taken by the creditor, such as acceptance of crops and livestock, for repayment.

The difficulty with this arrangement was that the lender was absolute owner of the property and could sell it, or refuse to reconvey it to the borrower, who was in a weak position. Increasingly the courts of equity began to protect the borrower’s interests, so that a borrower came to have an absolute right to insist on reconveyance on redemption. This right of the borrower is known as the equity of redemption.

This arrangement, whereby the mortgagee (the lender) was on theory the absolute owner, but in practice had few of the practical rights of ownership, was seen in many jurisdictions as being awkwardly artificial. By statute the common law position was altered so that the mortgagor would retain ownership, but the mortgagee’s rights, such as foreclosure, the power of sale and the right to take possession would be protected.

In most jurisdictions mortgages are strongly associated with loans secured on real estate rather than other property and in some cases only land may be mortgaged. Arranging a mortgage is seen as the standard method by which individuals or businesses can purchase residential or commercial real estate without the need to pay the full value immediately.

There are essentially two types of legal mortgage. In a mortgage by demise, the creditor becomes the owner of the mortgaged property until the loan is repaid in full (known as “redemption”). This kind of mortgage takes the form of a conveyance of the property to the creditor, with a condition that the property will be returned on redemption. In a mortgage by legal charge, the debtor remains the legal owner of the property, but the creditor gains sufficient rights over it to enable them to enforce their security, such as a right to take possession of the property or sell it.

Each legal system tends to share certain concepts but vary in the terminology and jargon they use. Regardless, the law should be non-biased and both party’s (mortgagor and mortgagee) insurance should be considered. They should be well informed of their rights and of the provisions embodying regulations on mortgage.

Copyright 2007 Ismael D. Tabije

The payday loan industry was created to provide a means for people to get a quick loan of money before their next paycheck. Usually they range in amounts from $300-$1500. They are available anywhere on the Internet and are fairly easy to obtain. By filling out a short form, a few of the possible lenders can contact you quickly to help you reach a decision. They may require a fairly high interest rate but if paid off quickly it is usually better than the stress and embarrassment of borrowing money from family or friends.

To qualify for a payday loan is much easier than for qualifications you need to buy a house or a car because of the short duration of the loan.

One of the first requirements is being employed for the last three months. This steady stream of income is how your payday loan is secured. You also must be over 18 years of age and have a checking or savings account. In as little as an hour your borrowed money can be wired directly to your account.

Because the interest rate on a payday loan is almost always higher than other standard loans it is important to pay them off on time. Be sure and check with the payday loan lender what the penalties are for being late as the cost can sometimes be exorbitant. Don’t be afraid to ask what the rate is and if necessary shop around for a better deal.

But no matter what the rate is if paid on time this can usually solve a lot of problems. It provides a winning situation for you and your lender. Getting a payday loan is an easy proposition and can provide quick relief for dire situations but always remember, it is not meant to be a long term solution. If getting a payday loan is used in a proper fashion, your stress can be greatly reduced and you won’t have to wait for the money that you need right now.

If you have you been rated up or declined for health insurance it’s probably because you have a pre-existing condition.

Thousands of uninsured, underinsured and uninsurable individuals are facing serious health issues like heart disease, heart attack, diabetes, cancer, stroke, liver disease, AIDS, pregnancy, depression and kidney disease. Any of these pre existing conditions can cause them to be declined for health coverage. Today, you may even be declined if you are over-weight.

It’s a real challenge obtaining health insurance for someone with pre existing conditions. However, before we get ahead of ourselves, here are some questions we need to address.

What is a pre-existing condition?

A pre-existing condition is any injury or sickness for which diagnosis has been made, treatment has been recommended, treatment has been rendered, or expenses have been incurred within a set amount of months prior to the effective date of coverage (usually 3, 6 or 12 months and this can vary by state). It includes any condition manifesting itself in symptoms which would cause a prudent person to seek medical advice.

What is a pre-existing condition exclusion period?

Insurance companies try to discourage people from waiting until they get sick to purchase medical insurance. This is accomplished by imposing what is known as a preexisting condition exclusion period. This simply means, if you have a medical problem which exists at the time you purchase insurance, the insurer will deny the claims pertaining to that medical problem for a certain period of time.

The rules governing preexisting condition exclusion periods in individual health policies vary widely from state to state and are very much different from the rules of an employer-sponsored plan. If you have or recently have had health coverage, you may be able to apply this creditable coverage to offset a preexisting condition exclusion period.

Why all the hoopla over a pre-existing condition?

The biggest stumbling block with private individual medical insurance is the problem with preexisting conditions. Plain and simple… insurance companies don’t like preexisting conditions. They know in the long run… it will cost them more money to insure you. Frankly, insurers prefer to insure people who are not very likely to need the insurance.

But stop and think! Who doesn’t have some kind of health or medical issue? It may be something as simple as asthma or as complex as cancer. Some pre-existing conditions can be managed and these individuals can live a relatively healthy and normal life.
Yet, insurers can and do turn down “high risks” individuals for coverage because of an existing or previous illness. Even if coverage is found, the premiums charged are often unaffordable. Sometimes the individual may end up with a modified policy paying more because of their medical history or having to take a policy that excludes their pre existing conditions.

Are there things I can do to get healthcare coverage?

Here are some choices for obtaining health coverage. See if any apply to your situation.

(1). Employer-sponsored group health plan

(2). Join a professional organization (e.g. Chamber of Commerce)

(3). Individual health insurance

(4). State risk pool (if one exist in your state)

(5). Discount health cards

(6). Guaranteed Issue Health Insurance

Whether covered by insurance or by some other means, the total cost of health insurance for someone with pre existing conditions is high enough to dramatically impact that person’s lifestyle.

Today it is important for all of us to lead a healthy lifestyle. However, if you already have a preexisting condition that is keeping you from getting affordable health coverage, you should investigate the 6 options listed above to see which would work best for you.

Poor credit or bad credit is not a hindrance for getting a credit card in today’s market place. There are several issuers that will guarantee a credit card in your name by simply applying on line. The first question that comes to mind is, “Where’s the catch?” The catch is that they want your business. There will be some limitations on the card that you will not normally see on a standard card.

Guaranteed issue cards will usually have a low limit on the maximum charges. Some of these cards may be as low as $200, while others will go up to $5000. If you are trying to rebuild credit this may be a good deal for your situation. Spending $200 a month on budgeted items is easy for most family units. Paying the bill on time and in full will help increase your FICO score and allow you to get a better credit rating and ultimately a higher maximum limit.

Going this route does take time and diligence but it can be done. If your bill is paid off each month there is no need to worry about the APR, (monthly interest rate). That rate will usually be over 10%, but it cannot hurt you if you do not carry a balance.

Some issuers may charge a hefty annual fee. Shop the market and find a card that makes an introductory offer of no annual fee for at least the first year. At the end of 12 months you have the option to renew or cancel to avoid the fee. Try not to take cash advances on these cards because they will charge you a higher interest rate. Since you are trying to restore a good credit rating this should not be a normal budget item.

Credit card companies make a large share of their income from interest payments. They play a numbers game and hope people do not pay off the balance so they can make money. Use your discipline and budget to beat them at their own game. Your priority is to have better credit and their priority is to make money. Use your card wisely, be on time with payments and do not carry a balance.

Money sometimes becomes such a great need that you may feel clueless regarding an instant source of money. Your very close friend may not be able to help you in time and under such circumstances the payday loans often works as a backup. Payday loans are very short term and small loans which anyone can take up for any urgent need.

You can borrow the payday loans and pay it back on your next payday. Usually an amount ranging from