Not exact matches
You can increase competition with anti-trust enforcement, and regulate natural monopolies and both (in the
case of the newly merged Time Warner Cable), create greater transparency of prices, use government purchasing power, restore previous price controls (and please a federal
usury law at no more than 15 %, to prevent debt bubbles of higher inflation).
The
Case for Banning Payday Lending: Snapshots from Four Key States (June 2013) This report outlines the battles against the payday lending industry in states with strong
usury cap protections, such as New York and North Carolina, and in states like California and Illinois with weaker laws that allow payday lenders to charge triple - digit APR loans that trap people in a cycle of debt.
Yet one issue comes up again and again, the
case of
usury, that teaching of the Church (for at least 1500 years) which condemned the taking of interest on loans as a sin.
Critics of such agreements say the funders can charge interest rates that exceed state
usury laws while grabbing control of the litigation from the parties actually involved in the
case.
Joffrey: I read a lot of CA real estate
case law (for fun and relaxation) and I'm sure I must have come across
cases including the use of brokers and
usury claims, but no particular
case comes to mind.
This is a very specific area, so references to
cases specifically involving claims of
usury would be most helpful.
If the
usury limit is 10 % and 9 % is the note rate, but 4 points are charged, the points are deducted from the loan amount advanced and that amount is computed over the term with the original payment required to be paid and the effective interest rate is then computed, the annual percentage rate, which will be higher than the note rate in this
case.
So in those
cases, one of the
Usury Expert Witness candidates are called in to testify - and hopefully assist the triers of fact in resolving the matter.
Of particular interest to me are
cases where a lender or broker claimed a specific exemption from
usury limitations, or
cases where testimony from a «
usury expert witness» or other type of mortgage lending expert witness was considered.
Joffrey's real question and
case law interest seems to be about situations where
usury would apply because the loan and origination wasn't totally or accurately «brokered», so would not be exempt.
I'm looking for feedback from anyone else who has seen
cases involving claims of usurious real estate loans, or loans with (claims that) interest rates that exceeded the maximum interest rates under
usury.