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Below is a module created by Idaho Legal Aid Services related to common legal issues surrounding seniors or the elderly and protecting their home in relation to issues like Medicaid, foreclosure, deed, reverse mortgages, and letting others reside with you.. The module is available in English and Spanish.
It’s a task that few of us look forward to: arranging for help to be there if, as senior citizens, we
are no longer able to care for ourselves. For 1.4 million seniors, that care comes in a nursing home
where most residents have their bills paid by the government through the Medicaid program. For
millions of others, that care comes from family members or paid providers, in homes or assisted living
facilities...
Payday loans are small cash advances, usually of $500 or less. To get a loan, a borrower gives a payday lender a postdated personal check or an authorization for automatic withdrawal from the borrower’s bank account. In return, he receives cash, minus the lender's fees. For example, with a $300 payday loan, a consumer might pay $45 in fees and get $255 in cash.
Payday lenders are not the only option for consumers facing debt problems.There are many alternatives to payday loans such as: small savings accounts or rainy-day funds; salary advances from employers; credit card advances; working out extended repayment plans with creditors; and loans from friends, relatives, religious institutions, or social service agencies. In addition, many lenders have developed lower-cost alternatives to payday loans that have better repayment terms.
If you happen to be behind on your payday loans and your checks keep bouncing, you may be worried about facing criminal prosecutions. Some “payday” lenders have been known to call and threaten borrowers to “pay or go to jail.” As a result many “payday” loan borrowers are terrified by threats of criminal prosecution. But if you are in this situation, you should not be scared by these “loan shark” threats...
Many older Americans have difficulty meeting their monthly expenses. A fixed income can’t always cover a senior’s needs, particularly unexpected needs associated with medical problems, home and car repairs, or even an old refrigerator that doesn’t work anymore. Unfortunately, there are few resources to help vulnerable seniors get through these hard times. Affordable small loans are hard to come by. As a result, many seniors end up with very high cost small loans, including payday loans...
A loan is borrowed money which must be repaid in one or more payments. Lenders charge interest on the amount you borrow. This means that you pay back more than you receive. This is how a lender covers the cost of doing business and makes profit. The higher the interest rate, the more you must repay. You should know that the lower the monthly payment, the longer it will take you to repay the loan and the more you will pay to borrow the same amount at the same interest rate.
See the attached guides in English and Spanish for more information.
What is predatory lending?
Predatory lending is the practice of preying on, or taking advantage of, an individual or group of people that may have a difficult time buying or refinancing a home such as people who may be poor, uneducated, elderly, or in a protected class. Under the Fair Housing Act, a protected class is a group of people who share common characteristics and are protected from discrimination on the basis of race, religion, national origin, color, disability, familial status, and gender.
How do I know if I've been a victim?
A predatory mortgage is a needlessly expensive home loan that provides no financial benefit to the gorrower in return fo the extra costs. In many cases, homeowners are deceived about the loan's true costs and terms or are pressured into signing loans they cannot afford. Many of these homeowners lose their homes to foreclosure.
Reverse mortgages are becoming popular in America. HUD's Federal Housing Administration (FHA) created one of the first. The Home Equity Conversion Mortgage (HECM) is FHA's reverse mortgage program which enables you to withdraw some of the equity in your home. The HECM is a safe plan that can give older Americans greater financial security. Many seniors use it to supplement social security, meet unexpected medical expenses, make home improvements and more. You can receive free information about reverse mortgages in general by calling AARP toll free at (800) 209-8085.
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