Chapter 1 » Types and Characteristics of Credit Credit is the loan department’s product. Like any product, credit has features that define it. And, just as anyone who offers a product should know its features, you as a loan professional should know the features of credit. You should also know how these features benefit members. There are four distinct types of credit, with several characteristics common to each, as shown in figure 1.1. All consumer credit is either closed-end or open-end, and either unsecured or secured. Credit is further defined by interest rates, maturities, and terms of repayment. Together, these types and characteristics determine how the products you offer fit members’ borrowing needs. Most consumer loans can be made as either closed-end or open-end loans. Purchase money mortgage loans are generally done only as closedend loans. Each credit union chooses whether to handle consumer loans as open-end or closed-end credit. Either method of making loans has advantages and disadvantages. Closed-End Credit Closed-end credit is so-called because it is not continuous. The exact amount of money that will be advanced is determined at the outset. The credit ends when the loan is repaid. If members want to borrow additional money or purchase more goods, they must complete a new Objectives Upon completion of this chapter, you will be able to: 1. Explain the meaning of closedend, open-end, unsecured, and secured credit; 2. Define the following terms: collateral, title, lien, perfecting the lien, financing statement; 3. Describe fixed and variable interest rates, and the differences between them; 4. Explain why maturities are established for loans; 5. List three examples of repayment terms. application and set up a new loan. This credit is also known as installment credit if the loan is repaid on a regular basis with a fixed amount, or installment. Benefits and Disadvantages of Closed-End Credit The traditional way to handle consumer loans was to make a one-time extension of credit. Some credit unions continue to make all their loans closedend, except for credit that cannot be extended as closed-end—credit cards and overdraft lines of credit. For those credit unions, closed-end lending is a familiar and comfortable way to grant credit. The advantage of closed-end credit THE LENDING PROCESS 3 Chapter 1 » Types and Characteristics of Credit Figure 1.1 Types of Credit Closed-End Credit Characteristics Benefits Examples Not continuous May apply to unusual loans (single payment, balloon payments) Home purchase Inflexible Has one purchasing purpose Generally repaid on regular basis with a fixed amount Defined repayment schedule Continuous Open-End Credit Ongoing use of credit One-time application Finance charge (interest)computed on outstanding balance May borrow repeatedly Personal loans Single payment loans Revolving charge accounts Lines of credit Multi-featured plans Saves time and paperwork Payments may vary Convenient with outstanding balance Both open-end and closed-end credit may be (a) secured by collateral or cosigners, or (b) unsecured by collateral and based solely on the member’s promise to pay. is that disclosures are required only when the loan is made. One disadvantage is that the required disclosures are very detailed; it’s easy to make mistakes that may result in penalties for the credit union. Each time a member borrows from the credit union, he or she must complete a new application and the credit union must provide new closed-end disclosures. With each new loan comes the risk of errors that may result in penalties. Open-End Credit As its name implies, open-end credit is continuous. Under an openend plan, members make a one-time application and may obtain credit from time to time. Some open-end plans, such as a credit card or overdraft line, have a specified credit limit; members can use up to the limit without further 4 THE LENDING PROCESS approval from the credit union. Other open-end plans offer various credit features, some of which have credit limits and others that do not. These openend plans are referred to as multi-featured open-end plans. Open-end credit must meet three conditions: 1. The creditor must contemplate repeated transactions under a credit plan. 2. The creditor may impose a finance charge from time to time on the outstanding balance. 3. The credit available to the consumer must generally be replenished to the extent that earlier credit extensions are repaid. Payments on credit cards and overdraft lines are generally a percentage of the outstanding balance. With multi- Chapter 1 » Types and Characteristics of Credit featured plans, each credit feature has a separate payment. If the credit feature is a line of credit, payments may vary as the balance for the credit feature changes. If the credit feature is for a car loan, the payment is generally a set amount that remains the same until the amount is repaid. Common examples of openend credit include revolving charge accounts and lines of credit. Benefits of Open-End Credit • Revolving Charge Accounts Open-end credit offers several benefits to members. It saves time and paperwork because each loan request does not require a new application. It is also more convenient. Members can obtain advances simply by calling the credit union or requesting an advance online. With some open-end systems even secured loans can be made without having the member sign any additional papers. Another benefit is that These accounts provide access to credit with use of a credit card. The card is issued either by a retailer or, in cases such as VISA® or MasterCard®, by a financial institution. Cardholders may charge purchases up to a specified limit. They are obligated to repay at a minimum amount each month—typically three to five percent of the balance. In some cases, there is a “free ride” period on new purchases. A typical credit card application is shown in figure 1.2. open-end disclosures are much easier for the credit union to process, so there is less risk of making mistakes. Types of Open-End Credit • Lines of Credit Although some open-end plans can be accessed with credit cards, convenience checks, or share drafts, it is not necessary for an open-end plan to have an access device. Some plans require that the member call or visit the credit union to obtain advances. Open-end plans are not required to have a specific credit limit. However, there must be a reasonable expectation that the credit union will lend to the member from time to time, and that credit will be extended if the member remains creditworthy. Large-ticket items, such as automobiles, can be financed on openend plans. Another type of open-end credit is THE LENDING PROCESS 5 Chapter 1 » Types and Characteristics of Credit Figure 1.2 Sample Credit Card Application Reprinted with permission © CUNA Mutual Group, form 12345V3. All rights reserved. 6 THE LENDING PROCESS Chapter 1 » Types and Characteristics of Credit overdraft protection. Members with share draft accounts use this to ensure funds are available whenever they write drafts. The credit union approves their overdraft protection up to a certain limit. Then, when they write drafts for more than their accounts can cover, the credit union creates a loan to make up the difference. It treats this as a loan advance, and the member repays it with interest. What types of credit are offered by your credit union? To answer this question, complete activity 1.1. signature loans, since the member simply signs an agreement to pay. Unsecured, or signature loans, increase the credit union’s risk. When a member defaults on an unsecured loan, a credit union may not be able to collect by claiming any of the member’s personal property (except for shares on deposit at the credit union) unless the member consents or a court orders it. Usually court costs are more expensive than the loss itself, so credit unions often write off such loans without pursuing legal remedies. Unsecured Loans Secured Loans Credit is not only closed-end or open-end—it must be either unsecured or secured, as well. Unsecured loans are made without collateral. The member’s promise to pay is only guaranteed by the member’s signature. Such loans are often called Secured loans require the member to provide collateral for the loan. Collateral, also known as security, is a possession of tangible value which secures the loan until the loan is repaid. Collateral limits the credit union’s risk in two ways. First, members are more likely to Activity 1.1 Types of Credit Talk to a loan officer, or appropriate staff person, to gather information about the types of credit offered by your credit union. What is the total amount of credit that is outstanding at your credit union? ____________________________________________________________________________ What percentage is closed-end credit? ____________________________________________________________________________ What percentage is open-end credit? ____________________________________________________________________________ Of the open-end credit, what is the amount of revolving charge accounts? ____________________________________________________________________________ What is the amount of overdraft protection, another type of open-end credit? ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ THE LENDING PROCESS 7 Chapter 1 » The way in which a lender perfects its security interest in property depends on the type of property. Types and Characteristics of Credit repay loans when their possessions are at stake. Second, if a member defaults on a loan, the credit union may repossess the security, sell it, and apply the proceeds to the loan balance. In the case of a share-secured loan, the shares are offset against the loan balance. Security Interests To repossess collateral, the credit union must prove it has a legal claim to the property. This claim is called a lien, or security interest. A credit union obtains a security interest in property by having the owner of the property sign a security agreement. To repossess, a credit union only needs a security interest in the property. • Perfecting the Security Interest Although a credit union has rights to property in which it has security interest, other creditors may also have rights in the same property. When this happens, a lender that has perfected its security interest generally will have superior rights to the property. The way in which a lender perfects its security interest in property depends on the type of property. Security interests in motor vehicles are perfected by having the Acceptable and unacceptable collateral include… Acceptable Unacceptable • Shares • Future wages • Stocks • Shares not in member’s account • Personal property • Certain household goods for loans other than their purchase • Real estate • Guarantor signature 8 THE LENDING PROCESS credit union’s security interest noted on the title for the vehicle. The process for doing this varies in each state. If the property doesn’t have a title (for example, some boats, travel trailers, and satellite dishes), the credit union’s security interest usually can be perfected by filing a financing statement, also known as a UCC-1, with the state. Security interests in some property can be perfected without filing. If you are making secured loans, it’s important that you learn how to perfect the credit union’s security interest in each type of property taken as collateral. In order for collateral to fully secure a loan, its value must equal or exceed the loan amount. Otherwise, when repossessed and sold, the collateral may not cover the loan balance. • Financing Statements Figure 1.3 shows a financing statement. Check at your credit union to learn how financing statements should be filed in your state and complete activity 1.2. Unidentifiable Collateral Items with no title or serial number are difficult to use as collateral. These include jewelry, furs, and precious metals. The difficulty lies in determining their loan value, and disposing of them if the member defaults. To ensure its claim on such items, the credit union may want to take possession of them. This means finding a place to store them and accepting responsibility for their safe-keeping. They are also difficult to resell at a fair Chapter 1 » Types and Characteristics of Credit Figure 1.3 UCC Financing Statement Sample Form Source: www.ss.ca.gov. Click on the California Business Portal then Uniform Commercial Code, then Forms and Fees to access the national financing statement, form UCC-1. THE LENDING PROCESS 9 Chapter 1 » Types and Characteristics of Credit Activity 1.2 Financing Statements Talk to a loan officer, or appropriate staff person, to learn how financing statements should be filed in your state. List the procedure. ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ price or their market value may change. Therefore, many credit unions discourage or prohibit the use of these items as collateral. Types of Acceptable Collateral Credit unions do accept a variety of collateral. Some common types include: • Shares. Members may pledge the money on deposit in their credit union share or investment accounts, but not IRAs. This type of security offers the least risk to the credit union. • Stocks. These may be used if they are assignable and their value is determined but it’s risky because stock value fluctuates. • Personal property. Personal property includes a wide variety of items—new and used automobiles and trucks; new and used boats, motors, and trailers; new and used mobile homes; new and used travel trailers and campers; and aircraft. 10 THE LENDING PROCESS Certain household goods such as furniture and appliances may only be used to secure loans for their purchase. • Real estate. • Guarantor. Guarantors and cosigners are not the same, although both may agree to pay the debt of another. A cosigner (sometimes referred to as a comaker) usually signs the credit agreement, but a guarantor signs a separate guaranty agreement. Guarantors are secondarily liable; cosigners are primarily liable. Both guarantors and cosigners agree to be liable for a member’s loan if the member defaults, but neither receive the loan proceeds. There is a Federal Trade Commission rule which requires that a guarantor or cosigner be given a disclosure about his or her responsibilities. Figure 1.4 shows the Notice to Cosigner. Figure 1.5 is an example of an agreement a guarantor might sign. Chapter 1 » Three characteristics common to credit are interest rates, maturities, and terms of repayment. Types and Characteristics of Credit Cosigners sign the actual loan agreement. They are considered jointly liable for the loan. Normally, all who sign a loan document are jointly liable, which means the lender can look to any of them for payment. This means the borrower would not have to be in default for the other party to be required to pay. Members who cosign a loan should be aware of the legal undertaking they are committing themselves to. Using guarantors or cosigners is an excellent way to help young members with no established credit. Guarantors or cosigners should never be used to overcome a member’s credit problems. Types of Unacceptable Collateral Federal Trade Commission rules prohibit certain credit practices. In regard to collateral, lenders are prohibited from taking household goods as security for any loan other than the loan that purchases the household goods. They are also prohibited from taking future wages as security. The credit union may, however, arrange for loan payment through a voluntary payroll deduction plan without violating the credit practices rule. Characteristics of Credit Three characteristics common to credit are interest rates, maturities, and terms of repayment. Each of them affects how the credit will be repaid. Interest Rates Interest is a charge (there may be other charges and fees) members pay to use the credit union’s funds. Federal credit unions and most state-chartered credit unions compute interest using the “U.S. Rule” which is a simple interest method of calculating interest. Interest is charged on the daily balance or average monthly balance of the loan. Most credit unions offer two types of interest rates—fixed and variable. Fixed Rates The distinction between a fixed and variable rate is that a variable changes according to changes in an index. Fixed interest rates remain the same for the length of a closed-end loan. For example, if a member borrowed $1,000 for one year at 12 percent, the monthly payment would be $88.85. Because the interest rate is fixed, the interest rate remains the same until the loan is repaid. This is not necessarily true for open-end loans. For open-end loans, an interest rate that varies according to an index or formula is a variable rate. Credit unions may also change the interest rate on an open-end plan, such as a credit card, by giving their members prior notice of the change. This is considered a fixed rate, because the rate is fixed until the credit union has given notice of an increase and the member uses the account after receiving the notice. • Benefits and Disadvantages of Fixed Rates Fixed interest rates benefit members by offering certainty. For closed-end loans, members can count on their loan payments remaining the same and can budget accordingly. In effect, they are locked in to the rate, so they are not negatively affected if rates climb during THE LENDING PROCESS 11 Chapter 1 » Types and Characteristics of Credit Figure 1.4 Sample Notice to Cosigner* Notice to Cosigner You are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn’t pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or collections costs, which increase this amount. The creditor can collect this debt from you without first trying to collect from the borrower. The creditor can use the same collections methods against you that can be used against the borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact may become a part of your credit record. This notice is not the contract that makes you liable for the debt. _____________________________________________________________________________ I hereby acknowledge receipt of the “Notice to Cosigner.” Dated this __________________ day of ___________, 20_____. ___________________________ Cosigner *From FTC Credit Practices Rule. State laws may require a separate additional notice. 12 THE LENDING PROCESS their loan. At the same time, however, they cannot benefit from a decreased payment if rates drop. They can refinance the remaining balance, but this involves some paperwork and may involve additional costs. Members may also pay a higher rate for fixed interest. Charging a higher fixed rate is the credit union’s way of protecting itself against unforeseen, sharp rate increases. By using variable rates, credit unions limit their interest rate risk. They avoid committing the credit union to earning low interest rates. If the market interest rates should increase, the credit union’s earnings on variable-rate loans can also be increased. Consequently, the credit union can offer variable rates that, at least initially, are lower than fixed, since it can adjust these rates along with the market. Variable Rates How Variable Rates Are Set Rates that adjust up and down throughout the loan term based on an index or formula are called variable. A credit union sets variable rates by using an index or formula. It selects as its index either its own cost of funds Chapter 1 » Types and Characteristics of Credit Figure 1.5 Sample Promises and Guaranty Agreement Promises and Guaranty Agreement Account # ______________________ TO: __________________________________________________________ Credit Union FOR: __________________________________________________________ Borrower In order to encourage the Credit Union to extend credit to the borrower, and to cause the Credit Union to be more secure on any money now owing to the Credit Union by the borrower, I agree to guarantee and pay the Credit Union all money now loaned to the borrower and which may afterward be loaned to the borrower on terms as agreed to by the borrower. POWER OF ATTORNEY I hereby authorize the borrower to act as my agent for the purpose of (1) making payments on this agreement, (2) renewing this agreement by part payment, (3) Making agreements for renewal by additional oral or written promises to pay the obligations contracted pursuant to this agreement, (4) receiving any written or oral notices, (5) authorizing making changes of (a) interest rates, (b) payment amounts, and (c) by extending or shortening the number of payments to retire these debts which I am guaranteeing, (6) agreeing to the repossession and sale of collateral, (7) agreeing to the releasing of collateral, (8) agreeing with the Credit Union for a variable interest rate on the borrowing, and (9) extending the statute of limitations in which each payment by the borrower shall be considered as payment by me. The failure of the Credit Union to exercise any rights shall not later be considered a giving up of any rights on any future transactions or acts of the borrower, myself, or the Credit Union. A release of the borrower or another person guaranteeing for this borrower shall not release me except for any amount actually paid by the borrower and any other guarantor. You need not first proceed against the borrower named above before resorting to me for payment. I agree that I may be sued for payment, although the person named as borrower above may be able to pay. This guaranty is not conditioned upon the pursuit of any remedies against the borrower or against any other person or persons or the pursuit of any other remedies the Credit Union may have. I as guarantor further waive notice of acceptance of this guaranty; of the respective maturities of any charges or extensions of time hereunder; and further waive presentment for payment, notice of payment, protest and notice thereof. I, as guarantor, may be relieved of liability for future advances of money only upon receipt by the Credit Union as a signed, written statement that I will not be liable for further and future advances. Such notice shall not limit my obligations for money loaned prior to receipt of my notice. FOR THIS PURPOSE I ADMIT THAT I HAVE RECEIVED A FORM FOR USE FOR SUCH REVOCATION OF GUARANTEE AT THE TIME OF SIGNING THIS GUARANTY AGREEMENT. I hereby agree that I have read both sides, and received the separate document entitled “Notice to Cosigner.” See reverse side for additional agreement. DATED and signed this ____________ day of ________________, 20 __ ________________________________________________________ Guarantor THE LENDING PROCESS 13 Chapter 1 » Types and Characteristics of Credit Figure 1.6 Formula for Setting Variable Rates Index + Spread = Variable Rate or an outside index. Cost of funds is a percentage derived from what the credit union pays in interest on money it borrows and dividends it pays on members’ share account. However, using cost of funds is not allowed for home equity loans. Outside indexes include Treasury bill rates, the bank prime rate, and the Federal Reserve Board’s discount rate. To whatever index it uses, the credit union may add a spread. A spread is a percentage that covers the operational costs of providing credit and generating a return used to pay dividends on savings accounts. Figure 1.6 shows the formula for setting variable rates. As the cost of funds or outside index changes, credit unions can adjust their variable rates according to any limits in each loan contract. How does your credit union set variable rates? To answer this question, complete activity 1.3. Variable-Rate Limits Some credit unions set limits on the amount variable rates may increase or decrease and some states may set limits on variable-rate increases. The federal Truth-in-Lending Act and Regulation Z doesn’t require a cap, or ceiling, on interest rates for variable-rate loans secured by any dwelling of the borrower. However, if a cap is imposed by the creditor, it must be disclosed. Caps help relieve members’ concerns about unplanned increases. For example, a credit union may offer an initial variable rate of 8.9 percent with 2 percent annual caps and a 5 percent cap for the life of the loan. This means the rate cannot be raised more than two percentage points in a year, and can never go higher than 13.9 percent. If set too strictly, however, such limits defeat the purpose of variable rates. Effects of Variable Rates When the variable rate changes, the change will affect either the payment amount, the number of payments, or the outstanding balance. On a short-term loan it is best to leave the payment the same and extend the loan, because the extension will probably be for only a few months. Members can count on budgeting the same amount each month, and credit unions are free from changing payroll deductions or giving advance notice of 14 THE LENDING PROCESS Chapter 1 » Types and Characteristics of Credit Activity 1.3 Variable Interest Rates What is the current variable rate at your credit union? ___________________________________________________________________________ What index does your credit union use to set variable rates? ___________________________________________________________________________ What is the spread that is added to the index? ___________________________________________________________________________ How has the variable rate at your credit union fluctuated over the past three years? Current Year___________ Year II_____________ Year III ___________ payment changes. However, this type of adjustment could cause the collateral’s value to decrease faster than the outstanding balance. If the member defaulted on such a loan, the credit union would not be able to recover the full loan balance from the collateral. Or, on closed-end loans, the loan could exceed its maturity limit under state or federal law. And on large, long-term loans, negative amortization could result. This happens when the rate increases and the loan payment no longer covers the interest. Unpaid interest accrues each month. In such cases, the member’s loan balance would increase and the principal might never be repaid unless payments are increased or the interest rate goes down again. To avoid such a problem on long-term loans it is usually better to increase payments rather than extend the term. The option of increasing the balance rather than the payments or extending the term is not very attractive because it results in a balloon payment due at the end of the loan. Benefits and Disadvantages of Variable Rates For members who are willing to assume some risk, variable rates can be beneficial. With them, members save money on the initial rate of interest. Depending on the adjustments, they could save money over the life of the loan. On a mortgage, a variable rate may help people who might currently have trouble with higher fixed rates, but who can expect their incomes to increase in the future. However, members may also end up paying larger amounts over the life of the loan, or paying for longer periods. In any case, by offering both fixed- and variablerate programs, credit unions give members a choice. Summarize the advantages and disadvantages of fixed and variable rates of interest in activity 1.4. Maturities A loan’s maturity is the date when it will be fully repaid. Credit unions determine maturities based on the type of loan, the amount, and the collateral. For example, a $6,000 loan for a three-year-old used car may have a THE LENDING PROCESS 15 Chapter 1 » Types and Characteristics of Credit Activity 1.4 Fixed and Variable Rates List the advantages and disadvantages of fixed and variable rates from both the credit union’s and the member’s perspectives. Fixed Rates of Interest Advantages Disadvantages for the credit union ____________________________________ __________________________________ ____________________________________ __________________________________ ____________________________________ __________________________________ ____________________________________ __________________________________ for the member ____________________________________ __________________________________ ____________________________________ __________________________________ ____________________________________ __________________________________ ____________________________________ __________________________________ Variable Rates of Interest Advantages Disadvantages for the credit union ___________________________________ _________________________________ ___________________________________ _________________________________ ___________________________________ _________________________________ ___________________________________ _________________________________ for the member 16 THE LENDING PROCESS ___________________________________ _________________________________ ___________________________________ _________________________________ ___________________________________ _________________________________ ___________________________________ _________________________________ Chapter 1 » Types and Characteristics of Credit maximum maturity of three years. At that time, the car would be six years old and considerably depreciated. With a longer maturity, the loan might reach a point where the car’s value did not cover the outstanding balance. Then the loan would no longer be fully secured. Offering members a choice of maturities up to an established maximum helps credit unions tailor their loan programs to members’ needs. With new car loans, for example, credit unions may offer a three-, four-, five-, or six-year maturity. Members then have the option of a shorter loan commitment with larger monthly payments, or a longer loan commitment with a greater total interest, but more affordable payment. Terms of Repayment The terms of repayment are the conditions under which members pay back their loans. Credit unions establish terms based on the members’ income and ability to repay, as well as the loan’s amount, purpose, and collateral. The most common term of repayment is monthly installments. Many members use payroll deduction or automatic account withdrawals to make their monthly payments. Another type is the single payment. Members employed seasonally may need single payment loans. For example, farmer may pay off a loan after the crop is harvested. A third type of repayment is the balloon note. Under its terms, members pay smaller monthly installments and one large final amount. Members who have difficulty meeting their original terms of repayment may request help from their credit unions. In such cases, credit unions have two options—either an extension agreement or a refinanced loan. An extension agreement delays the date of payment, giving members time to recover from an unexpected layoff or illness. A refinanced loan pays off the member’s original loan and creates a new loan. If the term of the new loan is extended, the loan payments will be lower. Summary Credit exists in four types—either open-end or closed-end, and either unsecured or secured. Open-end loans are more flexible than closed-end. Unsecured loans are also called signature loans, because their repayment is guaranteed solely by the member’s signed promise. Secured loans are guaranteed by any of several forms of collateral, including shares, automobiles, stocks, and other personal or real property (real estate). Credit is also defined by interest rates, maturities, and terms of repayment. Interest rates are either fixed or variable. Variable rates adjust according to changes in a chosen index. By offering both fixed and variable index rates, different maturities and various terms of repayment, credit unions tailor their lending programs to meet members’ needs. THE LENDING PROCESS 17