1 00:00:00,040 --> 00:00:02,840 Speaker 1: Now it's time for our daily Bloomberg Law Brief, exploring 2 00:00:03,000 --> 00:00:05,560 Speaker 1: legal issues in the news and Today, Bloomberg Law host 3 00:00:05,640 --> 00:00:08,840 Speaker 1: During Grosso and Michael Best discussed the increasing number of 4 00:00:08,960 --> 00:00:11,559 Speaker 1: US auto loan defaults and the chances it could turn 5 00:00:11,600 --> 00:00:15,520 Speaker 1: into another sub prime loan crisis. They speak with Patricia McCoy, your, 6 00:00:15,560 --> 00:00:18,720 Speaker 1: professor at Boston College Law School, and Gary Peoples, a 7 00:00:18,840 --> 00:00:23,439 Speaker 1: professor at Syracuse University College of Law. Patricia, subprime car 8 00:00:23,560 --> 00:00:26,480 Speaker 1: loans have been around for a long time. Explain what's 9 00:00:26,520 --> 00:00:29,480 Speaker 1: been happening in the last eight years or so. Well, 10 00:00:29,480 --> 00:00:32,560 Speaker 1: they certainly have been around, and in the last last 11 00:00:32,640 --> 00:00:40,640 Speaker 1: eight years, UH Auto Lending UM became the new growth 12 00:00:40,760 --> 00:00:45,599 Speaker 1: area for subprime loans. UH mortgage lenders are basically not 13 00:00:45,720 --> 00:00:51,279 Speaker 1: willing to make subprime loans anymore, but UM car dealers 14 00:00:51,320 --> 00:00:56,639 Speaker 1: were very eager to expand their markets by selling cars 15 00:00:56,720 --> 00:01:02,240 Speaker 1: to weaker and weaker borrowers and lenders stepped in willing 16 00:01:02,360 --> 00:01:06,800 Speaker 1: to make loans to people who might have difficulty paying 17 00:01:06,840 --> 00:01:11,200 Speaker 1: back the purchase price as the car. Gary, are there 18 00:01:11,280 --> 00:01:16,440 Speaker 1: any legal restrictions here in terms of who can get 19 00:01:16,560 --> 00:01:18,680 Speaker 1: these kinds of loans when they buy a car, or 20 00:01:18,760 --> 00:01:21,560 Speaker 1: is it kind of a free for all. It's it's 21 00:01:21,600 --> 00:01:24,520 Speaker 1: pretty much a free for all. One of the interesting 22 00:01:24,600 --> 00:01:29,039 Speaker 1: things about god Frank is the one area that was 23 00:01:29,120 --> 00:01:32,560 Speaker 1: left out of regulation were auto dealers. And auto dealers 24 00:01:33,040 --> 00:01:36,560 Speaker 1: finance the vast majority of auto loans and then of 25 00:01:36,600 --> 00:01:40,720 Speaker 1: course sell them uh to to finance companies, and they 26 00:01:40,760 --> 00:01:44,560 Speaker 1: are specifically excluded from regulation and the god Frank so 27 00:01:45,200 --> 00:01:47,720 Speaker 1: your regulation would be looking at would then be up 28 00:01:47,720 --> 00:01:50,440 Speaker 1: to the state. And I, you know, I practiced in 29 00:01:50,480 --> 00:01:54,600 Speaker 1: New York and even the general New York Usury Statute 30 00:01:54,680 --> 00:01:58,280 Speaker 1: doesn't apply to most auto loans. Patricia, the name of 31 00:01:58,280 --> 00:02:01,280 Speaker 1: your book is the subprime viru is so with the 32 00:02:01,360 --> 00:02:04,720 Speaker 1: auto loans, where do we see the virus or the 33 00:02:04,800 --> 00:02:08,680 Speaker 1: cracks in the system. What's really interesting is we're seeing 34 00:02:08,680 --> 00:02:13,560 Speaker 1: a replay of the mortgage crisis in terms of the 35 00:02:13,600 --> 00:02:18,360 Speaker 1: dealers don't check whether the borrowers can uh have the 36 00:02:18,400 --> 00:02:23,200 Speaker 1: ability to repay. The lender makes the loan without checking 37 00:02:23,240 --> 00:02:26,760 Speaker 1: it in most cases here Santan Dare, and then the 38 00:02:26,840 --> 00:02:31,200 Speaker 1: lender sells on the loans, packages them for sale to 39 00:02:31,600 --> 00:02:36,160 Speaker 1: Wall Street. Investors are not checking and are buying this 40 00:02:36,320 --> 00:02:41,400 Speaker 1: stuff regardless of the elevated default risk. And as Patricia McCoy, 41 00:02:41,440 --> 00:02:44,600 Speaker 1: your professor at Boston College Law School, and Gary People 42 00:02:44,639 --> 00:02:47,760 Speaker 1: as a professor at Syracuse University College of Law, speaking 43 00:02:47,800 --> 00:02:50,760 Speaker 1: with Bloomberg Law host During Rosso and Michael Best. You 44 00:02:50,760 --> 00:02:53,079 Speaker 1: can listen to Bloomberg Law weekdays at one pm Wall 45 00:02:53,120 --> 00:02:57,160 Speaker 1: Street Time here on Bloomberg Radio Now. Among some of 46 00:02:57,200 --> 00:02:59,800 Speaker 1: the top legal stories from Bloomberg Law, the American Civil 47 00:03:00,200 --> 00:03:03,320 Speaker 1: Union has struck out in an attempt to open up 48 00:03:03,360 --> 00:03:07,400 Speaker 1: President Trump's election Commission. Federal judge has denied the a 49 00:03:07,560 --> 00:03:11,480 Speaker 1: c l US request for election Commission documents. The judge 50 00:03:11,520 --> 00:03:15,120 Speaker 1: also denied in person access to the commission's meeting today. 51 00:03:15,560 --> 00:03:18,400 Speaker 1: The a c l U claims the election panel violates 52 00:03:18,400 --> 00:03:23,200 Speaker 1: federal transparency and public access requirements, and as this morning's 53 00:03:23,200 --> 00:03:25,480 Speaker 1: Bloomberg lawbry if you can find more legal news at 54 00:03:25,520 --> 00:03:29,079 Speaker 1: Bloomberg Law dot com and Bloomberg na dot com. Attorneys 55 00:03:29,080 --> 00:03:32,760 Speaker 1: will find exceptional legal research and business development tools there 56 00:03:32,840 --> 00:03:36,680 Speaker 1: as well. Visit Bloomberg Law dot com and Bloomberg BNA 57 00:03:36,800 --> 00:03:39,280 Speaker 1: dot com for more information