Generation
Information About Legal Topics
Topic 146: Bill Consolidation Loan - Possible
Pitfalls
(revised 10/98)
The so-called
Bill Consolidation Loans are advertised widely. Loan companies
promise that such loans can be valuable because they lower
a family's total monthly debt payment, thus leaving more money
in the budget at the end of each month. This may be true in
some cases, but there can be serious consequences to trading
several small debts for one large one.
Consolidation
doesn't mean you owe less money. In fact, in most cases you
will owe substantially more because it will take longer to
pay off the loan. You will pay more in interest even if the
interest rate stays the same. In addition, you may have to
pay an even higher interest rate for the new loan, increasing
your total debt even more. Either way, in the long run you
will pay more.
By consolidating,
you may give up important legal rights. If you have purchased
merchandise on credit, you may have certain rights against
the seller if the merchandise is defective. If the seller
assigns your debt to a finance company or bank you may be
able to assert those same rights against them. For example,
if you buy a vacuum cleaner that carries a guarantee on credit
and the vacuum cleaner company turns your note over to a loan
company, you may be able to force the loan company to honor
that guarantee, even if the vacuum cleaner company goes out
of business. This is because in many situations your rights
travel with your debt.
The documents
you signed for the vacuum cleaner give you rights as well
as obligations. These rights must be observed by whoever is
collecting the money for that particular debt. However, by
paying off that debt with a consolidation loan you give up
your rights against the finance company. The loan papers you
sign will not have any guarantee for the vacuum cleaner and
you might have to continue to pay even if the vacuum cleaner
stops working.
Also when
several loans are consolidated and paid off by the new loan,
the payoff amounts may be greater that you thought. This is
because most consumer loans permit the lender to use a formula
that "frontloads" the interest (allocates most of
the finance charge to the early part of the loan) to determine how much of the original
finance charge the lender gets to keep. The effect of this
formula is to make it cost you
more to pay off the loan early.
Taking
out an entirely new loan may also mean that the lender may
ask you to put up more of your property as collateral. You
might even be asked to put up your house as security for the
new loan so, if something should prevent you from making payments
on time, you could lose far more than if you had not consolidated
or refinanced. To determine if your legal rights would be
adversely affected by any loan, consult an attorney before
you sign any papers.
|