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A lender in Monroe, Louisiana, originates a high-cost home loan and includes a provision that allows the lender to accelerate the debt and demand immediate full repayment solely because the borrower sold or transferred the property (a due-on-sale clause triggered by transfer). Separately, the same loan includes a provision allowing the lender to increase the interest rate upon default. Under Louisiana's Predatory Lending Law (La. R.S. 9:3578.1 et seq.), which of these provisions is most likely problematic?

Correct Answer

B) The interest rate increase upon default, because Louisiana's Predatory Lending Law restricts default interest rate increases in high-cost loans

Louisiana's Predatory Lending Law (La. R.S. 9:3578.1 et seq.) restricts certain abusive practices in high-cost home loans, including provisions that increase the interest rate upon the borrower's default. This type of default rate increase is considered predatory because it penalizes borrowers who are already in financial distress by making their situation worse. Due-on-sale clauses, by contrast, are standard mortgage provisions authorized by federal law (Garn-St. Germain Act) and are not specifically prohibited by Louisiana's predatory lending statute. Therefore, the interest rate increase upon default is the more problematic provision under Louisiana law.

Answer Options
A
The due-on-sale clause, because Louisiana prohibits all acceleration clauses in residential mortgages
B
The interest rate increase upon default, because Louisiana's Predatory Lending Law restricts default interest rate increases in high-cost loans
C
Both provisions are equally prohibited under Louisiana's Predatory Lending Law
D
Neither provision is problematic because both are standard mortgage terms permitted under federal law

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Related Topics & Key Terms

Key Terms:

predatory_lendingdefault_interest_ratedue_on_salehigh_cost_loanla_rs_9_3578

Related Concepts

Discount points are upfront fees paid to a lender at closing to reduce (buy down) the interest rate on a mortgage loan. One point equals 1% of the loan amount and typically reduces the rate by approximately 0.25%.

An FHA loan is a mortgage insured by the Federal Housing Administration that allows lower down payments and credit scores than conventional loans. It is designed to help first-time homebuyers and borrowers with limited resources.

A fixed-rate mortgage has an interest rate that remains constant for the entire term of the loan, resulting in equal monthly principal and interest payments throughout the life of the mortgage.

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