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Statue of LimitationsPredatory lending refers to the heinous act of being involved in lending practices that take advantage of vulnerable borrowers, such as the elderly, needy or unsophisticated. The term also refers to the practice of convincing borrowers to comply with unfair and abusive loan terms. Such loans could take place either through outright deception or through aggressive sales tactics, thus taking advantage of the borrowers' lack of understanding of extremely complicated transactions. One lending tactic that is generally considered to be predatory is making a secured loan, such as home or car loans, with the expectation that the borrower will not repay the loan and therefore default, following which the lender acquires the title to the home or car in a foreclosure sale. Another typical case of this type of lending is where the monthly payment exceeds 50% or even 75% the borrower's after-tax income, or in case the borrower's income is irregular. While the borrower may be unaware that their default is statistically probable, the lender should be aware of this and not make such loans. |
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