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Gary Rivlin

Gary Rivlin

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Naming Names: Every Bank and Business That Is a Subprime Lender

Posted: 06/13/10 05:18 PM ET

Wells Fargo, JPMorgan Chase, and Bank of America. Goldman Sachs, Morgan Stanley, and American Express. H&R Block, General Motors, Ford Motor, General Electric, Walmart.

How many of the country's largest, best-known banks and corporations took huge, deep gulps at the well of the poverty industry?

Well, how much time do you have, and how long is too long for a Huffington Post piece?

To start with the payday loan industry: The business barely existed twenty years ago but today it's a massive, $40-billion-a-year beast making short-term loans at rates so shockingly high that Florida is considered a low-cost payday state because, by law, lenders operating there can "only" charge fees that work out to an interest rate of 250 percent. More typically, payday lenders are collecting 400 percent or more on the money they have out on the street.

How did the payday industry get so big so fast? Start ticking off the names of some of the country's better-known banks and you'll no doubt hit on a few that provided critical funding to those seeking to make it rich in the strange business of loaning the working poor emergency cash against their next paycheck.

Wachovia, Wells Fargo and NationsBank (now Bank of America) - that's a partial list of the brand-name banks that in the mid-1990s provided seed money to Advance America, the industry's largest payday lender with 2,500 stores scattered across 32 states.

"We basically borrowed forty or fifty million dollars," Billy Webster, Advance America's co-founder, told me. "We had infrastructure for 500 stores before we had even one."

The regional banks also took to playing venture capitalist to every wannabe payday mogul. It was National City, for instance, an old-time bank based in Cleveland, Ohio now operating under the name PNC Financial, that loaned payday pioneer Allan Jones the $50 million he needed at the end of the 1990s to transform his company, Check Into Cash, from a business generating a few million dollars in returns a year into a chain of 1,200 stores generating more than $20 million a year in post-tax profits.

First National Bank of South Dakota, Goleta National Bank, and People's National Bank (PNB) are just a few of the smaller banks that have dipped their beak into the subprime pool by partnering up with a payday lender.

One might consider payday lending too down-market for the country club types at Morgan Stanley, a top-tier investment bank whose people claim they only bring public the highest-quality companies. But we've learned over the past couple of years that Wall Street generally views "quality" as something that has the potential to earn its people enormous financial rewards. And the payday lenders were generating the kind of profits (20-plus percent) and growth rates that draw attention even in places like Silicon Valley.

"Them numbers are all they ever noticed," said Allan Jones about all the investment bankers who flew to Cleveland, Tenn. to try and talk him into taking his company public.

Morgan Stanley was particularly keen on playing kingmaker in the payday field, according to Jared Davis, who founded Check 'n Go, today a payday chain of 1,200 stores. "Investment bankers have been at the door since the beginning," Davis told me, but none as frequently as Morgan Stanley, which he said has knocked "several times" since 1997. Morgan Stanley led the Advance America IPO when the company decided to started selling share on the New York Stock Exchange in 2004. Wells Fargo and Bank of America also shared in the bounty by serving as co-leads on a deal that gave Advance America co-founder Billy Webster, a former aide to Bill Clinton, a net worth north of $100 million -- despite being in a business making fast cash loans to the working poor $200 or $400 at a time.

Goldman Sachs, as far as I know, never dirtied its hands in the payday business. Instead they played banker to CompuCredit, one of the more notorious of the early subprime credit card companies.

Founded in 1997, CompuCredit has reigned as one of the more successful peddlers of what consumer advocates call "fee harvesting." Typically those are credit cards sold to consumers so desperate for a piece of plastic in their wallet that they'll pay almost anything to have it. Recent reforms enacted by Congress and signed by the president have meant wholesale changes in this splinter of the poverty industry but until recently the customer with battered credit wanting an "Imagine Gold Credit Card" would immediately incur $150 in upfront fees for a card with a $300 credit limit and then pay a $6.50 a month "maintenance fee."

Goldman Sachs, Citigroup's Salomon Smith Barney unit, and Merrill Lynch were among the big firms that helped to bankroll CompuCredit, according to "Fee-Harvesters: Low-Credit, High Cost Cards Bleed Consumers," a report written by Rick Jurgens and Chi Chi Wu at the National Consumer Law Center. This trio of blue-chip investment banks apparently had no trouble working with the two debt collectors from Atlanta who founded CompuCredit but the Federal Trade Commission did. At the end of 2008, the company agreed to refund at least $114 million to customers after the FTC sued CompuCredit for engaging in "deceptive conduct in connection with marketing credit cards."

Bank of America provided a $110 million revolving line credit to J.D. Byrider, a chain of 124 used-car lots scattered across the U.S. that generates more revenue financing the autos they sell at annual interest rates of 20 or 22 or 25 percent, if not higher. Byrider is so infamous that Brian Grow and Keith Epstein used the company as its primary example in a 2007 Business Week investigation of the "dark side" of businesses that cater to the working poor.

The list seems endless. American Express provided critical early funding to ACE Cash Express, the country's largest check cashing chain with 1,700 stores, and this stock exchange stalwart is huge in the debit card business. So, too, is Walmart, which over the past couple of years has opened a new front on its assault on the poverty industry by rolling out check cashing services in around one-quarter of its U.S. stores.

Maybe it's just a matter of time before Walmart attacks the instant tax refund business, a multibillion industry that for years has been dominated by trio of large corporations: H&R Block, JPMorgan Chase, and HSBC, the London-based financial giant.

Any number of brand-name banks played critical behind-the-scene roles in the corporatization of the pawn business. When a Texan named Jack Daugherty started snapping up pawnshops around the country in the early 1980s, no respectable bank would talk to him. Last year, his company, Cash America, booked more than $1 billion in revenues and pre-tax profits of $150 million.

"When we started being successful and profitable, then it got people's attention," Daugherty told Bill Minutaglio of The Dallas Morning News back in 1988. "Now Merrill Lynch, now Dean Witter, now Goldman Sachs - who would not even talk to us - we get letters from all of them."

And then there's the role the big banks and other brand-name companies played in the subprime mortgage disaster that sparked the global recession. Ford Motor owned most of Associates, a scandalous subprime mortgage lender that offers a perfect case study in the predatory side of subprime mortgage lending. Citigroup purchased Associates for $31 billion in 2000 -- and ended up paying more than $300 million in fines to various governmental regulators because of consumer lending violations that happened both before their watch and also during it.

More companies joined the parade. H&R Block must have enjoyed the subprime profits it was generating running instant tax mills in low-income communities (its stock more than doubled during the first four tax seasons it offered what it called a "refund anticipation loan"). In the mid-1990s, Block purchased Option One, a subprime lending whose practices proved so odious that Massachusetts Attorney General Martha Coakley sued the company, charging its people with targeting black and Latino borrowers and then selling them loans that were likely to blow up in no small part because they were higher priced than those sold to similarly-situated whites. General Motors and General Electric are among the other big, name-brand U.S. corporations that got heavily involved in the subprime home loan business.

Eventually, the attitude seemed every into the pool. By 2006, according to the annual tally kept by a publication called Inside B & C Lending, subprime subsidiaries owned by HSBC, Citigroup, and Wells Fargo ranked among the top 10 subprime mortgage lenders (HSBC topped that year's list). JPMorgan Chase and Washington Mutual made the top 20 that year.

I could go on but I've just picked up an advance copy of a new book by Mike Hudson, a journalist who has been writing about dirty home lending practices since at least the early 1990s. The book, called The Monster: How a Gang of Predatory Lenders and Wall Street Bankers Fleeced America--and Spawned a Global Crisis, is due out in October. The book is all about naming names in a report from a top-flight journalist.

To be continued...

 

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05:17 PM on 06/18/2010
Wow. How McCarthyist of the Post. All we need to do now is replace "Communist" with "Subprime" and "Red Menace" with "Predatory Lending"
04:47 AM on 06/20/2010
Is this supposed to be some sort of joke?
09:59 AM on 06/16/2010
hi, this is Smith e enjoyed the subprime profits it was generating running instant tax mills in low-income communities (its stock more than doubled during the first four tax seasons it offered what it called a "refund anticipation loan"). In the mid-1990s, Block purchased .
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Smith
Smart Car Care
Linda from Deerfield
Paying attention
01:44 PM on 06/15/2010
A hardware store owner acquaintance told of his distress at being ordered to garnish the wages of an employee, due to a payday loan that fell delinquent. He insists that he pays the going wage, which he admits is not all that great. He said that upon querying the employee, who has a wife and children, he learned that the loan was to purchase something that was not a necessity in any way, but it was a long-sought bargain. He also learned that the fellow had no idea how gruesomely and quickly the amount owed could explode. He claims to have provided a math lesson and to have begged the fellow to come to him next time to see if they could work something out, rather than throw away money to such predators.

I know this hardware guy to be a good man, so I choose to believe his version of the story. I pity the poor person who never gets the chance to have someone help him wise up -- maybe this fellow would have learned his lesson without the lecture, but the thought of people falling into this trap and never recovering makes my stomach churn. There has to be a better way.
09:54 AM on 06/15/2010
The key to understanding payday loans is in Mr. Rivlin's comment about "fees that work out to an interest rate of 250 percent". Payday loans are two week (not annual) loans, which means that they cannot be offered at the same annual rates as annual credit products such as credit cards, auto loans and home mortgages. The only way to reach the much-hyped triple digit APR is to take out one advance and continue to renew the same advance every two weeks for an entire year. State laws and industry best practices do not allow this to happen.
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demockracy
The Library:Like taking your brain to the gym
03:43 PM on 06/14/2010
FNMA / FHLMC were "deregulated" to make purchase of sub-prime loans possible on the R's watch. Attempts to re-regulate them were thwarted by the Bush White House. "In the words of [Republican Congressman] Oxley, no flaming liberal, the Bush administration gave his efforts [to re-regulate] 'the one-finger salute," says Barney Frank See this article that appeared in Huffingtonpost previously: http://www.house.gov/frank/articles/2009/03-18-09-antidote_republican-amnesia.html.

The previous largest financial/political scandal in U.S. history -- the S&L Bailout under Reagan / Bush41 -- deregulated the industry to let it "grow its way out of trouble" -- certainly a Reaganite scheme. And it was implemented then by a complicit Democratic congress. If anything that's horrible, but the Republicans have been worse, and the scandal this time is bigger.

Meanwhile, no matter who's to blame, one has to wonder about the viability of a society that preys on its weakest, poorest members. Could you even call it a "society"? Isn't it rather a version of Dante's fourth circle of hell (for the prodigal and avaricious)?

So blame and recrimination here is beside the point (and part of the fifth circle of wrath and sullenness).

What's needed is a general awakening of our "better angels." People who need money enough to attack the poor to get it are mentally ill. The mentally ill will always be with us, but they certainly don't have to be running the asylum.
04:49 AM on 06/20/2010
These people should be identified and shamed and spat upon in the streets if need be, or the equivalent thereof.
01:28 PM on 06/14/2010
The usual partisan hacks come around to comment. This is a GOOD BLOG and needed on HuffPO, which needs more financial reporting, although did an excellent job on bank reform. As ANY NON PARTISAN EXPERT will tell you, 70% plus of just the HOME MORTGAGES that were run through this ring of criminals were too deficient to be accepted by Fannie/Fred standards.

TOO DEFICIENT. Anyone who doesn't understand this doesn't understand the CDO industry whatsoever, probably has no idea what a CLO is, and you'd be better off reading Janet Tavakoli of HuffPO and Rivlin above.
01:08 PM on 06/14/2010
1. Freddie mac
2. Fannie Mae
HUFFPOST SUPER USER
JanusDaniels
04:10 PM on 06/14/2010
?
12:26 PM on 06/14/2010
http://www.washingtontimes.com/news/2010/apr/07/greenspan-defends-record-crisis-probe/

GREENSPAN says Fannie and Freddie CENTRAL in housing crisis.
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HUFFPOST BLOGGER
Gary Rivlin
01:02 PM on 06/14/2010
Alan Greenspan, the man Congress charged in 1994 with monitoring the growing subprime mortgage lending field -- a man who *spoke* about predatory lending and targeting the vulnerable to equity strip yet never did anything about it: that's your source for how much blame Fannie and Freddie deserves? Maybe the Washington Times, because of an ideological fight, wants to say Fannie/Freddie is central but I'd put Greenspan at or near the top of my list of culprits, up there with greedy Wall Street banks, unscrupulous mortgage brokers, and champions of deregulation such as Phil Gramm well before I got to Fannie/Freddie
01:25 PM on 06/14/2010
WTF.

Are you joking.

You CITE Greenspan as a credible source in the United States?
12:21 PM on 06/14/2010
Hmmmmmmm

where is Fannie Mae and Freddie Mac on this list.
HUFFPOST SUPER USER
crom14
12:05 PM on 06/14/2010
How about naming the small mortgage company that was a big part of this mess. I want to add, this is a fine article, we need more like it!
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HUFFPOST SUPER USER
HockeyMom
I was here before SP and will be long after her.
09:43 AM on 06/14/2010
Can you say CREDIT UNION?
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elbzee
Fear is the mind-killer
09:19 AM on 06/14/2010
"Them numbers are all they ever noticed," said Allan Jones"....
Had he been quoted saying "Them numbers is all they ever noticed" it would not surprise me. Class alla-way!

Fascinating industry... reverse Robin Hood, and it's legal too! AMAZING.
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HUFFPOST SUPER USER
bccmeteorites
Don't believe everything NASA says.
07:20 AM on 06/14/2010
I actually see people paying for such minor items as a two dollar box of envelopes with a credit card. (Total purchase). I mean really, if you have to use a credit card for a 2 or three dollar item you can probably do without it.
HUFFPOST SUPER USER
crom14
12:03 PM on 06/14/2010
You may have to pay a bill by mail. so it isn't late and get a late fee. Poor people may not have a computer. I have been there.
04:55 AM on 06/14/2010
Most of these loans were through Fanny Mae and Freddie Mac. The record shows the Republican party tried to tighten controls but the Democrats prevailed. Obama was on the legal team that forced Citibank and others to make these "Ninja" loans available. Payday loans? No one was forced to take them. As usual let's blame somebody else. When will we require individuals to take responsibility for their decisions?
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peterg76
Freelance medical transcriptionist
06:19 AM on 06/14/2010
Which part of 'predatory lending' is confusing you?
09:12 AM on 06/14/2010
"Predatory Lending" is a bogus political term. When transactions are concentual they can hardly be predatory. If the rates are too high why don't you or other concerned people go into that business and make money from the still profitable lower rates?
09:16 AM on 06/14/2010
Here's some REAL fact to help you out

"homeownership rate was already 64 percent in the mid 1960s. It peaked at about 69 percent just before the bubble burst -- but was nearly 68 percent in 2001 before subprime lending took off. Back in the 19th century, thanks to the Homestead Acts of the Lincoln era, homeownership (mainly family farms) was well over 70 percent in much of the west."

"The real culprit was a system that allowed financial institutions to repackage risk over and over again, turning a billion in real assets into a trillion in promissary notes that the banks and risk holders would never be able to pay back. And people borrowed and built businesses and wealth on the back of those promissary notes. That's what collapsed and killed banking, not the subprime default rate. "

With credit to Robert kuttner (1st quote) and jishosan (2nd comment).

More at www.huffingtonpost.com/robert-kuttner/dont-blame-the-dream-of-h_b_610594.html
01:31 AM on 06/14/2010
And almost all of those sub-prime loans went through Fannie Mae and Freddie Mac.
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HUFFPOST BLOGGER
Gary Rivlin
08:07 AM on 06/14/2010
Actually, a great many of these subprime mortgages, in fact, did not go through Fannie/Freddie but were sold straight to Wall Street. That's one reason Fannie/Freddie decided to so aggressively jump into subprime lending: they are both for-profit, publicly-traded enterprises and they saw themselves losing profits to the big Wall Street investment banks like Lehman Bros and Bear Stearns. Conservatives want to blame Fannie/Freddie (and by extension the Democrats) for the subprime meltdown but these two entities hardly -- as McCain said on trail -- "lit the fuse." Instead they were under enormous pressure from shareholders and playing catch-up. One data pont: Fannie/Freddie's purchases accounted for less than 1/3d of subprime market at its height. Shameful, maybe, but hardly "almost all" and hardly the main culprit here.
08:54 AM on 06/14/2010
There is nothing like facts. Thanks.

It seems every time someone talks about predatory industry and lays out the scheme by which it operates, naming all the sociopathic corporations involved-- be they defense contractors, oil companies, major banks, whatever-- there is an immediate clamor of "libsdemslibsdemslibsdems" like the "walla walla" noise extras make when you're filming a party scene to simulate background conversation. Upon investigation, the "libsdems" clamor always has the same substance as "walla walla".

I hold no credit cards, but I did recently go into debt to get a college education. I have long derided our society's measure of "wealth" by the height of ones mountain of debt. See that man? He drives an expensive car, lives in an expensive house, eats out whenever he wants, and sends his kids to a private school... and unless he's in the top 1%, he's financing that lifestyle. What he actually HAS are several contracts claiming a percentage of his future earnings, just like my student loans. Would anyone look at the pile of debt I've accumulated as a student and whistle admiration? Not likely, but we're trained to admire other symbols of massive debt as if they were badges of achievement.
12:23 PM on 06/14/2010
1/2 of all loans went through Fred and Fran
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Mr Hankey
Kucinich / Sanders (Democratic Socialist)
09:39 AM on 06/14/2010
And I got a Countrywide mortgage which could be considered predatory, and it is not a Fannie/Freddie loan. If it was, perhaps I might have qualified for one of the mortgage modification plans - even just to lower my interest rate to the current going rate (4.5 to 5%).

Bank of America can't tell me who holds my loan. Now I realize that's probably because it was diced up into thousands of pieces.

All I need now is a good, affordable real estate lawyer in California.
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Mr Hankey
Kucinich / Sanders (Democratic Socialist)
09:45 AM on 06/14/2010
And before any elitists attack me here - I put a 20% down payment on the house, which is not even considered when trying to get a mod - because my loan is so upside down.