The nineteen sixties was a very controversial time for the United States, with one of the most important issues being equality among race and gender. Racism was visible in almost all areas of life, including the financial industry. To help address this issue, congress passed a series of laws intended to help prevent discriminatory lending practices.
One of the major problems in the lending and credit industries was that the terms of a loan was often not completely obvious to borrowers. This meant there were often hidden terms and costs, which would not be disclosed to the borrower until they violated these terms. To help protect against this, Congress passed the Truth in Lending Act in 1968.
The main purpose of the Truth in Lending Act was to ensure that prospective borrowers were made fully aware of all terms and costs associated with a loan, before they actually signed the loan agreement. This may sound like common sense advice that should be used before entering any contract, but many lenders purposely hid information from borrowers.
In most cases the Truth in Lending Act does not attempt to regulate the types of charges that can be applied to a consumer credit line, but instead is aimed at requiring a standardized disclosure of the charges and terms, without requiring the consumer to first sign the contract. The exception to this is subprime mortgages and high cost mortgages, whose charges may be regulated by the Truth in Lending Act.
The Truth in Lending Act also allows the borrower more freedom in canceling credit transactions that require a lien to be placed on the borrowers primary dwelling.
The Truth in Lending Act contains several sections, which require that:
While the Truth in Lending Act was a step in the right direction, a true change in the lending industry would take many years and still has a long way to go.
With as complicated as most mortgages are, even with the information fully disclosed, many borrowers do not fully read or understand closing documents, which can lead to many problems.
Today, women borrowers are one of the fastest growing demographics in the lending industry, however even just a short while ago, this would have been impossible. This is because until the Civil Rights Movement of the 1960’s, lenders participated in discriminatory lending, discriminating by race and gender. These practices began to change with the passage of several pieces of legislation in the sixties and seventies.
One of the most important pieces of legislation to reduce discriminatory lending practices was the Fair Housing Act of 1968, which led the way for several other laws that would help further reduce discrimination.
The Fair Housing Act of 1968 was passed to prevent mortgage lenders from discriminating against people by their race, gender, religion, or nationality. Today, this seems like common sense, but at the time, creditors would gather a great deal of personal information about prospective borrowers and use this information to decide whether or not to offer them a loan.
Originally, the Fair Housing Act was referred to as the Civil Rights Act of 1968 and came 4 years after the first Civil Rights Act. However, because it addressed housing discrimination, it became known as the Fair Housing Act.
The Fair Housing Act not only prevents discrimination when selling homes, but also in lending, as a it prohibits people from refusing to rent or sell a property based on a persons race, gender, religion, or nationality. It also prevents changing the terms of a loan or rental agreement based on discriminatory factors, using coercion in lending practices, and discrimination in advertising.
While the Fair Housing Act is designed to prevent discrimination, it does allow landlords some rights when selecting a tenant for their rental property. For example, a landlord can discriminate against someone based upon their income, ability to pay rent, job status, or credit history. Landlords are also not required to accept Section 8 Housing Vouchers in all areas.
The main purpose of the Fair Housing Act is to prevent discrimination against prospective buyers and renters, but these groups themselves are allowed to be discriminatory when looking for a home. For example, it is not illegal for a potential buyer to ask their real estate agent to search for homes using a discriminatory basis.
Since the Fair Housing Act prohibited outright discrimination, the lending industry and real estate industry became more subtle in their approach, using redlining and steering to achieve a similar goal. These subtle forms of discrimination took the place of outright discrimination in the real estate and lending industries.
Redlining is the practice of not offering credit to certain areas of a city. This was typically preformed in low income areas or minority areas and would prevent people in these areas from getting a loan. Redlining was so prevalent in the industry that there were even official maps made by banks and other creditors outlining areas that should not receive credit.
Steering is when real estate agents, bankers, and city officials would try to steer minorities and certain social groups to a specific part of the city. These officials would lie or manipulate prospective buyers and steer them into housing projects, creating ghettos and low income housing areas.
Today, other pieces of legislation have been passed to prevent steering and redlining, although the practices still occur.
Discrimination based upon race, gender, religion, and nationality were deep seated and could not be removed with only one law or over night. However, the Fair Housing Act was a step in the right direction to help protect the rights of buyers and renters in the housing market.
It would be followed by a number of pieces of legislation to further protect the rights of minorities.
Today is the last day of the Cash for Clunkers Program, which is scheduled to end at 8pm tonight. At this time, all applications must be turned in by dealers and no new applications will be accepted.
This deadline, which was announced last week, has led dealers to scramble to finalize deals, submit applications, and sell new cars. It has also led to a number of consumers pushing up the purchase date of their new vehicle, so that they can take advantage of this rebate program.
The Cash for Clunkers program offers between $3,500 and $4,500 for trade-ins when a new car is purchased. Vehicles that have a 10mpg increase over the trade-in receive the full $4,500 and those with a 4mpg increase receive $3,500.
Originally, $1 Billion was allotted for the Cash for Clunkers Program, but due to higher than expected demand, this budget was expended in only a few weeks. Congress then approved an additional $2 Billion last week, but demand did not decrease and it is expected that by tonight, this budget will be met.
The short answer to this is NO. This is illegal for the dealer to do.
With only a few hours left to purchase a new car, many consumers are scrambling to take advantage of the program and dealers are continuing to use it as a selling point. So, it is important to note that under the program, car dealers are 100% prohibited from making you sign a contract saying you must repay the discount if the Cash for Clunkers application is not approved.
If the dealer suggests that you must sign this sort of contract, they are violating the terms of the Cash for Clunkers program and should be reported, as this is illegal.
According to Government Officials, the Cash for Clunkers program is set to end on Monday August 24th.
All pending Cash for Clunkers Applications must be submitted by dealers no later than 8 PM EST on Monday.
Congress and the Department of Transportation decided on the premature end date after analysis showed that the program was quickly approaching its budget. They project, however, that there should be enough money to process all transactions up until Monday.
With the announcement of the deadline to submit applications for the Cash for Clunkers Program, new car dealers are expected to aggressively push the program this weekend.
Thus far, over 450,000 new cars have been purchased as part of the program with almost $2 Billion in rebates paid by the government. The next three days is expected to allow the car dealers to finalize any pending sales and give consumers a chance to take part in the program.
The Cash for Clunkers Program, which provides rebates of up to $4,500 for trade-ins, gained a great deal of attention over the last few weeks, when it quickly expended its $1 Billion budget. The program is intended to offer an incentive for Americans to purchase a new more fuel efficient vehicle, with the engine of their older model being destroyed. This is intended to not only stimulate new car sales at a time when many auto manufactures are struggling, but also help create a more fuel efficient fleet of vehicles.
Congress and President Obama apparently did not expect the program to be so popular, nor to generate as many sales as it did, as the original budget was depleted within a month of the programs start. The program had originally been slated to run until November.
To help revive the program congress agreed to give the program an additional $2 Billion last week, but this was obviously not enough to curb the popularity of the Cash for Clunkers Program.
With many car manufactures reporting record sales, including GM who announced they would reinstate a number of union jobs, it remains to be seen whether these sales figures will remain steady after the Cash for Clunkers Program is over, or if sales will rapidly decline as the program ends.
Yesterday, it was reported that General Motors would be brining back over 1,300 union workers. This increase is as a result of greatly improved new car sales, which had previously eluded GM.
This increase means adding shifts to GM plants in both Ohio and Canada, to help keep up with demand. This increase is expected to add over 50,000 new GM vehicles, which represents a 20% increase over last quarter. All told, GM estimates that it will produce 642,000 new vehicles in the fourth quarter of this year.
GM is not the only company to show increases in sales. Other car manufacturers, such as Ford, are also reporting greater sales. Ford, who did not accept bailout money and has instead been focusing on making more reliable fuel efficient vehicles, has been expanding its oversees market for some time, which is one reason it was able to avoid many of the problems that plagued GM and Chevrolet.
While some economists are siting this increase in car sales as an indication that the recession is over or drawing to an end, this is rather optimistic. Many of these new car sales are as a result of the Cash for Clunkers Program, which offers up to $4,500 for those who trade in an inefficient vehicle.
Since a great number, if not the overwhelming majority, of these new car sales come as part of the Cash for Clunkers Program, the question remains, will people continue buying cars when the program expires in November.
It is likely that many people who had been planning on purchasing a new vehicle in the future, decided to buy a new car earlier, so that they could take advantage of the economic stimulus program. The supply of those wanting to buy new cars is not finite, so it is possible that the Cash for Clunkers program generated a great number of sales early, but once the plan expires, sales will drop lower than they were before.
While it is certainly a very good sign that GM is adding more shifts and that our car companies have had a few very good months, it remains to be seen as to whether this will be enough to pull them out of the danger zone.
Last week, the Cash for Clunkers Program narrowly avoided being scrapped after its budget had been expended. However, congress and President Obama approved an additional $2 Billion dollars, so Cash for Clunkers could keep running until November.
This FAQ answers some of the frequently asked questions about the Cash for Clunkers Program, so you can take advantage of this incentive.
The Cash for Clunkers program is program offered by the government to provide an incentive to purchase a new car. The program provides up to $4,500 for traded in vehicles, providing they meet several requirements.
One of the main parts of the Cash for Clunkers Program is that the new vehicle purchased must have an improved gas mileage.
If there is a 4mpg increase $3,500 is offered for the trade in.
If there is a 10mpg increase, $4,500 is offered for the trade in.
No, participating dealers will do all the paper work and apply a credit towards the purchase of a new vehicle.
No, the car purchased must be a new vehicle.
The Trade In must have been manufactured within the last 25 years, have at most an 18mpg fuel rating, and be in running condition.
Yes, the trade in must have been insured and have held a valid registration for the last year.
Yes, you can trade in a car with a salvage title, providing it meets the other requirements.
Yes, work trucks can be traded in as part of the Cash for Clunkers Program. Work trucks do not have the same fuel efficency requirements, but must not be manufactured after 2001. Class 2 and Class 3 trucks are covered and must be traded in for a truck of similar size. $3,500 is offered for work trucks.
No, under the Cash for Clunkers Program, each household is only allowed one credit.
Yes, leased vehicles are covered.
No, if the dealer says you must sign an agreement repaying the credit if the Cash for Clunkers application is rejected, this is not true.
Vehicles that weigh over 8,500 pounds are classified as Class 3 vehicles and do not have a fuel rating set by the EPA. This is one way SUV Manufacturers managed to get around many of the fuel and emissions requirements set by the EPA.
As a result, a larger SUV, weighing over 8,500 pounds, is classified as a work vehicle and only eligible for a $3,500 credit. The SUV must also not have been manufactured after 2001.
The engine of the old car must be destroyed by the dealer, because the Cash for Clunkers Program is designed to take older innefficient vehicles off the road.
The other parts, however, are recycled and sold in scrap yards. This means that the transmission, body, and even mirrors can all be potentially reused. Of course, the engine is also recycled as scrap metal.