Third, new city’s ordinances require compulsory loan counseling with the debtor, while state law comes with zero like prerequisite
These are deemed „safeguarded fund
<¶>The state defines „predatory loans” as loans that involve Ohio property and in which either (a) the annual interest rate at consummation exceeds the yield on comparable Treasury securities by eight percent for first mortgage loans or ten percent for second mortgage loans or (b) the total points or fees exceed the greater of eight percent of the loan amount or at least $400. R.C. (D). „
<¶>Although the state statutes impose restrictions and disclosure requirements on these covered loans and provide a rescission remedy and creditor penalties, they do not impose mandatory counseling for the borrower as a prerequisite to issuing the loan. R.C. , , https://www.pdqtitleloans.com/title-loans-ok/, and . The state statutes also generally permit lenders to make payments directly to home-improvement contractors, while imposing some conditions, but not absolutely precluding such payments, in covered loan transactions. R.C. (E). R.C. . Also, the state statutes do not require a „certification of compliance” detailing factual information about a covered loan when recording a mortgage.
<¶>Lastly, R.C. 1.63 states that „[t]he state solely shall regulate the business of originating, granting, servicing, and collecting loans” and preempts municipal ordinances attempting to regulate the business.
<¶>AFSA’s complaint arose from the city’s enactment of a series of predatory-lending laws. The ordinances at issue in this lawsuit are Nos. 737-02 and 45-03, as well as Sections through , , , , and of the Codified Ordinances of the City of Cleveland.
<¶>„Predatory loan” in Cleveland is defined as any residential loan bearing interest at an annual rate that exceeds the yield on comparable Treasury securities by either four and one-half to eight percentage points for first mortgage loans or six and one-half to ten percentage points for junior mortgages. Continue reading „Third, new city’s ordinances require compulsory loan counseling with the debtor, while state law comes with zero like prerequisite” →