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All 50 states, Washington, D.C., and the federal government have passed laws to protect homeowners from horrors like predatory lending.  However, the government has also recently passed legislation to protect those who practice predatory lending.

New Jersey

New Jersey Home Ownership Security Act of 2002

In response to the increase of home foreclosures due to unfair and abusive lending practices, New Jersey passed this act to protect homeowners.  The act put several restrictions and limitations on the lending practice.

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North Carolina

North Carolina Prohibit Predatory Lending Act 
 
This act, passed in 1999, became one of the most successful anti-predatory lending laws.  It has been used as a model for bills in other states and the federal government.

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For more information regarding legislation on each of the states, the House, and Senate, visit http://www.responsiblelending.org/policy/index.html

 

For detailed information regarding federal predatory lending legislation, visit http://senate.gov and http://house.gov

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Federal

Predatory Lending Consumer Protection Act of 2000

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Anti-Predatory Lending Act of 2000

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Federal legislation Protecting the Lenders

As of April 2007, the Supreme Court has ruled that states have no authority or control over business conducted by National Banks and by the subsidiaries of National Banks.

A subsidiary is a business that is owned and controlled by another, larger business or corporation, known as the “parent company.”

This ruling hinders State efforts to regulate predatory lending practices, as well as their efforts to impose other consumer protections on National Banks’ business activities.

This ruling says that national banks and their subsidiaries are not restricted by state laws, thus allowing prepayment penalties and other loan terms, which may be less favorable to borrowers.

So, even if a state has a law that prohibits certain predatory lending practices, National Banks and their subsidiaries are not required to obey.

For more information on this Supreme Court Decision, or to keep up to date on predatory lending news, check out Foreclosure FocusUSA Blog at:

http://activerain.com/blogs/usa_dave