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Senator Levin Prepares to ‘Slap Around’ Abusive Credit Card Companies Who Are Ripping Off Consumers (Page 1 of 2)

“Some” of the Credit Card Companies offer a good product and decent service providing Americans with the convenience and back up of a credit card when not carrying a lot of cash on person. Much of the online business and other travel and such have to be conducted by some sort of plastic. Credit card possession and usage is a cornerstone of conducting business in the U.S. It creates fluidity to economic commerce. Now, however, many abusive credit card companies have ratcheted up the “gouge game” to a new level. Per a recent Senate Hearing on March 7, 2007, all prompted by U.S. Government Accountability Office (GAO) report, the abusive credit card companies have increased fees and interest rates. So when an abusive credit card company applies “the butchers thumb” on the scale, they have crossed the line as far as regulators are concerned. What seems to have been lost on these abusive credit card companies is the right to do business in the U.S. economy is a privilege, not a birthright. Their ticket to do business can be pulled through Federal Law and “new legislation”, just for good measure.

“Jaw Boning” in the past has given various businesses cause to pause while considering their actions less new restrictive legislation is laid over their operations and bringing another degree of complication to what seems like an already profitable enterprise. Baring that, legislation may follow. If nothing else, it brings unwanted negative attention to their methods and abuses. The abusive credit card company names will be bandied about creating negative press that may effect their future bottom line. It gives a broad-brush swipe at the industry, which is never a good thing.

The Government Accountability Office (GAO) reports there were about 690 million credit cards in circulation meaning credit card toting consumers have more than one card. The GAO is always measuring the past and in 2005 there was about $1.8 trillion on charge cards. Other agencies report that the average credit card debt is a little over $5,000 per household. The report shows that a little over 50% of the credit card holders pay off credit card balances every month. So on the whole, it looks like the majority of American families are not overburdened by credit card debt. Those families who are appear to be relegated to higher rates with some pretty outrageous terms. Things such as penalties and late fees range from $40 and up for making a late payment and other charges. In some cases this will trigger a higher interest rate if not paid on time. These interest rates can be more than 30% or more figured on an annual basis. Much of the government figures come from GAO and the banking industry.

A couple other hand grenades are known as the concept of “universal default”. If you are late on one card, the “universal default” provision will kick in and all the other cards will be accelerated to a higher rate. Another little time bomb is the practice upon a consumer being late there is invoked a “double-cycle” billing period where instead of having the 30-day grace period the interest goes back to the date of the previous bill and interest is popped on the former grace period. If this is combined with say a $40 late charge plus “double cycle billing” and perhaps the “universal default” provision suddenly a consumer is going under the gun. When the Bankruptcy Law was changed recently pushing more debtors into Chapter 13 Repayment Plan pretty much set up the stage for a quasi-indentured servant status. Working basically for the company store a consumer can not get readily ahead. It’s almost like waving temptation in front of a credit-addicted consumer who looks at easy credit as being never ending. When the rubber finally hits the road and the final straw breaks the camel’s back and not one extra dollar is available to make even the minimum payments, then its “Houston We Have A Problem”. Prior legislation accelerated the payback minimum payment. Formerly, a $5,000 credit card balance might have had a $120.86/month minimum payment at 29% would be paid off in 30 years. That’s assuming no additional purchases were made. Now that the term has been reduced in the 60-month range so that minimum payment would have to be $158.71/month to give the consumer a chance to pay it off. However, if charges are added back by constant purchases there will never be a dent made in the debt.

What Is A Deed Of Trust?

If you live in Alaska, Arizona, California, Colorado, Georgia, Idaho, Illinois, Mississippi, Missouri, Montana, North Carolina, Texas, Virginia, or West Virginia you probably don’t have a mortgage, even if the bank, your friends and common chatter call it one. It’s more probable that you own your home through a Deed of Trust: something that’s a lot like a mortgage but not exactly the same. For legal purposes, mortgages and Trust Deeds are two completely different instruments.

Don’t assume that the laws around one apply to the other. Unfortunately, because they’re the most common way of transferring title in over a dozen states, some sloppy commentators confuse the issue by calling Deeds of Trust “mortgages” anyway. Before you do anything with your note, find out exactly what you’ve got. Don’t trust phone conversations. Instead, take a look at your papers or better yet, get a lawyer to look at them.

Obviously, this article is not legal advice but we can give you some informal tips about the key features behind a Trust Deed. They are:

Title to a Trustee: The big, distinctive feature of a Deed of Trust is that it’s an agreement between three parties: a borrower, a lender and an impartial third party: the trustee. The property’s title goes to the trustee until it’s paid off, though the borrower can take possession of the property as soon as everybody’s signed off on the agreement. Nevertheless, the fact that the trustee has legal title to the property is a significant factor that influences what happens in emergencies such as non-payment of the loan. Trust Deeds are commonly held by a title company.

Promissory Note: Trust Deeds use promissory notes to set down evidence of the debt. The note defines the debt and its conditions, (such as the amount, interest, etc.) so it’s absolutely necessary to make sure everything’s accurate. The lender retains the note until the borrower pays the loan off, after which it is marked “paid in full” and transferred to the borrower.

Rapid Foreclosure: As we mentioned, the trustee has the property’s title, which means that it can initiate a foreclosure and sale itself. For various reasons, most trustees appoint another, separate trustee to handle this. In the event of a default in payment the trustee puts notice in public records for 90 days, initiates 21 days of newspaper advertising and then sells the property. The trustee doesn’t even need to take anyone to court. This sale is final, but a borrower can prevent this by coming to some arrangement during the 90 day period of record.

If you think you’ve got a Trust Deed, take a close look at your papers. Deeds of Trust and promissory notes can both be sold for substantial payouts.