World Library  
Flag as Inappropriate
Email this Article

Title loan

Article Id: WHEBN0007086877
Reproduction Date:

Title: Title loan  
Author: World Heritage Encyclopedia
Language: English
Subject: Alternative financial services, Personal finance, Payday loan, Logbook loan, Pawnbroker
Collection: Loans, Property Law
Publisher: World Heritage Encyclopedia
Publication
Date:
 

Title loan

In the United States, a car title loan, is a type of secured loan where borrowers can use their vehicle title as collateral.[1] Borrowers who get title loans must allow a lender to place a lien on their car title, and temporarily surrender the hard copy of their vehicle title, in exchange for a loan amount.[2] When the loan is repaid, the lien is removed and the car title is returned to its owner. If the borrower defaults on their payments then the lender is liable to repossess the vehicle and sell it to repay the borrowers’ outstanding debt.

These loans are typically short-term, and tend to carry higher interest rates than other sources of credit. Lenders typically do not check the credit history of borrowers for these loans and only consider the value and condition of the vehicle that is being used to secure it. Despite the secured nature of the loan, lenders argue that the comparatively high rates of interest that they charge are necessary. As evidence for this, they point to the increased risk of default on a type of loan that is used almost exclusively by borrowers who are already experiencing financial difficulties.

Most title loans can be acquired in 15 minutes or less on loan amounts as little as $100. Most other financial institutions will not loan under $1,000 to someone without any credit as they deem these not profitable and too risky. In addition to verifying the borrower's collateral, many lenders verify that the borrower is employed or has some source of regular income. The lenders do not generally consider the borrower's credit score.

Contents

  • History 1
  • Process 2
  • Loan calculation 3
  • States offering title loans 4
  • Regulation 5
  • Demographic of small-dollar-credit consumers 6
  • Advocacy 7
  • Criticism 8
  • See also 9
  • References 10

History

Title loans first emerged in the early 1990s and opened a new market to individuals with poor credit and have grown increasingly popular, according to studies by the Center for Responsible Lending and Consumer Federation of America.[3] They are the cousin of unsecured loans, such as payday loans. Since borrowers use their car titles to secure the loans, there’s risk that the borrower can lose their vehicle by defaulting on their payments due to personal circumstances or high interest rates, which almost always have APR in the triple digits—what are sometimes called “balloon payments”.

Alternative title lending exist in many states known as car title pawn or auto pawn as they are called.[4] Similar to a traditional car title loan, a car title pawn uses both the car title and the physical vehicle (which is usually stored by the lender) to secure the loan much like any secured loan works, and there are the same risk and factors involved for the borrower but in most cases they will receive more cash in the transaction since the lender has both the vehicle and title in their possession.

Process

A borrower will seek the services of a lender either online or at a store location. In order to secure the loan the borrower will need to have certain forms of identification such as a valid government-issued ID like a driver’s license, proof of income, some form of mail to prove residency, car registration, a lien-free car title in their name, references and car insurance, though not all states require lenders to show proof of auto insurance.

The maximum amount of the loan is determined by the collateral. Typical lenders will offer up to half of the car's resale value, though some will go higher. Most lenders use the Kelley Blue Book to find the resale value of vehicles. The borrower must hold clear title to the car; this means that the car must be paid in full with no liens or current financing. Most lenders will also require the borrower to have full insurance on the vehicle.

Depending on the state where the lender is located, interest rates may range from 36% to well over 100%. Payment schedules vary but at the very least the borrower has to pay the interest due at each due date. At the end of the term of the loan, the full outstanding amount may be due in a single payment. If the borrower is unable to repay the loan at this time, then they can roll the balance over, and take out a new title loan. Government regulation often limits the total number of times that a borrower can roll the loan over, so that they do not remain perpetually in debt.

If the borrower cannot pay back the loan or is late with his or her payments, the title loan lender may seek to take possession of the car and sell it to offset what is owed. Typically lenders choose this option as a last resort because it may take months to recover the vehicle, and repossession, auction and court costs all decrease the amount of money they are able to recoup. During this time, the lender is not collecting payments yet the vehicle is depreciating. Most states require the title loan lender to hold the vehicle for 30 days to allow the borrower to recover it by paying the balance.

Today, the internet has revolutionized how companies can reach their clientele, and many title loan companies offer online applications for pre-approval or approval on title loans. These applications require much of the same information and still may require a borrower to visit a store to pick up their money, usually in the form of a check. When filling out these applications, they may ask for things like your Vehicle Identification Number (VIN) or insurance policy numbers.[5]

As demand for title loans increase, companies offering title loans are engineering software for mobile devices that allow people to see how much they can be loaned for the car, as well as estimated payments to be made each month.[6]

Loan calculation

The amount a borrower can be loaned is dependent on the worth of their vehicle. A lender will typically look up the auction value of the car being used as collateral and offer a loan that’s between 30% and 50% of the worth of the vehicle.[7] This leaves lenders a cushion to make profit if ever they need to repossess the vehicle and sell it at auction, in the event the borrower defaults.

States offering title loans

Title loans are not offered in all states. Some states have made them illegal because they are considered a welfare-reducing provision of credit, or predatory lending.[8] Other states, like Montana have begun placing strict regulations on title loans by not allowing the APR to reach above 36%, down from the previous 400%. However, Montana has recently voted against allowing title loans in their state.

In 2008, New Hampshire passed a law capping APR at 36%.[9] Some companies claim their average loan amounts to be between $300 and $500, and had to shut down their store fronts in that state, or their business entirely, because their business could not survive on a low APR for low loan amounts. Since then, the law has been reversed and new growth in the title loan industry has emerged, allowing title loan lenders to charge 25% interest a month, or roughly 300% APR.[10]

Only about 20 states allow title loans in one form or another. These states are Alabama, Arizona, California, Delaware, Georgia, Idaho, Illinois, Kansas, Louisiana, Mississippi, Missouri, Nevada, New Mexico, Ohio, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and Wisconsin.[11]

States continue to vote on legislation allowing or disallowing title loans. Some states have no limit on the APR that title loan companies can charge, while others continue to crack down and push for stricter regulation. Early in 2012, Illinois recently voted to cap APR on title loans at 36%, with other provisions that would limit the title loan industry in the state. The vote did not pass, but voters and politicians in Illinois and other states continue in their convictions to regulate or outlaw title loans.[12]

Regulation

There are new regulations that took effect on April 1, 2009, for title loans in Illinois:

  • A $4,000 limit on car title loans.[13]
  • Restrictions on loans of any amount that would result in monthly payments exceeding 50 percent of the consumers' gross monthly income.
  • It will be prohibited for lenders to give loans with balloon payments, thus allowing consumers to repay the loan in equal installments—much like traditional car loans.
  • Car title loans can be refinanced, but only if the principal on the loan has been paid down by at least 20 percent.
  • Illinois title loans that are refinanced cannot exceed the total outstanding on the original loan.
  • The state of Illinois will create a statewide database of current title loans. This is an effort to enforce the above regulations.
  • Title loan companies operating in Illinois will be enforced to provide consumers with pamphlets from the Illinois Department of Financial and Professional Regulation outlining options for debt management as well as debtors' rights and responsibilities.

California existing regulations:[14]

  • Above $2,500 the rate cap is exempt. Essentially, it's what the lender and borrower agree on.
  • Customer must show ability to pay.
  • Fully amortized loans
  • Maximum $75 loan processing fee for loans up to $5,000, no maximum for loans above.

Demographic of small-dollar-credit consumers

Small-dollar-credit (SDC) refers to services offered by payday and title loan industries. In 2012, a study was conducted by the Center for Financial Services Innovation. According to the study, SDC consumers are generally less educated, have more children, and are based in the South, where there is a greater concentration of unbanked or underbanked people. In addition, there’s a healthy spread of SDC consumers with a range of salaries—showing 20% of SDC consumers have a household income between $50,000 and $75,000. However, 45% of respondents to the survey would classify themselves as “poor”.[15]

Advocacy

In a BBC article, a spokesman for a company offering short-term loans says that APR is not a valid model when assessing costs associated with short-term subprime loans, and that the charges are appropriate for the convenience of quickly obtaining a short-term loan. Instead, the APR model is better for assessing costs associated with a middle- or long-term loan options.[16]

Even so, the high interest rates on title loans are justified by defenders of the industry, stating that the higher interest rates are necessary for the lending companies to turn profit. The borrowers are considered "high risk" and may default on their debt. Therefore, the higher interest rates are a means of securing profit even if the borrower defaults, and ensures the company sees a positive rate of return.[17]

In a 2003 article, "In Defense of Payday Lending", the author mentions that consumer advocates contend that high-interest lending services are designed to trap the impoverished in a cycle of debt, forcing chronic borrowing habits. However, he goes on to say that these allegations are largely without merit. Instead of seeing payday lending and title loan lending as a creative extension of credit, these individuals look at subprime loans as another opportunity for government intervention and regulation.

Summarizing, small-credit-loans unrightfully get a bad rap by consumer advocates and politicians seeking to increase government regulation of the industry, without giving merit to government regulation on banks as a large reason why the industry is thriving to begin with. The author states that further government regulation isn’t the answer, and defends small-credit-loans as a creative means of providing credit to those who otherwise could not get loans through any other traditional means.[18]

An argument often overlooked by those criticizing the payday and title loan industry is that these loans provide immediate financial aid in the face of emergencies and hardship. When a disaster strikes, those who are unbanked and have no means of obtaining loans through traditional credit institutions have nowhere else to turn. Small-dollar-credit products prove to be invariably useful to these individuals and their families, providing short-term financial relief.

Criticism

Critics of title loans contend that the business model seeks and traps impoverished individuals with ridiculous interest rates by lenders who aren’t entirely transparent regarding the payments. This practice lends confusion and so some borrowers are unaware of the situation that getting a small-dollar-credit loan puts them in. However, they are already locked in the loan and have no means of escaping other than paying the loan off or losing their vehicle.

The practice has been compared to loan sharking, because the interest rates are so high.[19]

Even though states are placing stringent restrictions on things like interest rates that can be charged, regulating the practices of companies offering short-term loans, like payday loans or title loans, proves to be a difficult endeavor. The Consumer Financial Protection Bureau and the Federal Trade Commission, both federal regulatory agencies responsible for enforcing federal law with non-banking institutions admit that they do not have the authority to enforce the Military Lending Act, which states that military members and their families can pay an APR no higher than 36%, while banning loans to service members that would be secured through their banking account, vehicle or paycheck.[20]

Some lenders can move around the Military Lending Act's restrictions by offering open-ended credit loans instead of title loans or payday loans. This allows them to continue charging triple-digit APR on their loans.[21]

Some groups, such as the

  1. ^ "Avoid Car Title Loans".  
  2. ^ "States to Protect Borrowers Who Turn to Cars for Cash".  
  3. ^ "Car title lending: Short-term fix with long-term expense". Arnold, Kristin Bankrate. November 2005. Retrieved November 28, 2012. 
  4. ^ "Car Title Pawn and Auto Pawn". Auto Pawn Plus. November 2014. Retrieved November 18, 2014. 
  5. ^ "What documents are needed for a title loan?".  
  6. ^ "Interview MX Financial".  
  7. ^ "Why car title loans are a bad idea".  
  8. ^ "Defining and Detecting Predatory Lending".  
  9. ^ "Car Title Loans".  
  10. ^ "Title loan offices returning".  
  11. ^ "Car title lending by state".  
  12. ^ "Car title loan abuses to continue in Illinois".  
  13. ^ "Rules put brakes on car title loans".  
  14. ^ "California Finance Codes".  
  15. ^ "A Complex Portrait: An Examination of Small-Dollar Credit Consumers" (PDF).  
  16. ^ "The Cost of Convenience".  
  17. ^ "In Defense of Payday Lending". Mises.org. September 2003. Retrieved November 28, 2012. 
  18. ^ "In Defense of Payday Lending".  
  19. ^ "Credit From the Corner Store".  
  20. ^ "Report: More payday lending protections needed".  
  21. ^ "States take on car title loans".  
  22. ^ Stop payday and auto title loan abuse in Texas""". Texas Fair Lending Alliance. March 2008. Retrieved November 29, 2012. 
  23. ^ "Payday Lenders and Car Title Lenders Evade Existing Texas Lending Laws." (PDF). Texas Faith for Fair Lending. July 2011. Retrieved December 1, 2012. 
  24. ^ "Auto-title loans are the credit of last resort, but are terms fair for borrowers?".  
  25. ^ "Auto Title Loans Market Practices and Borrowers’ Experiences" (PDF). The Pew Charitable Trusts. March 2015. Retrieved 24 August 2015. 

References

See also

Evidence from The Pew Charitable Trusts cite a need for consumers to be better informed.[25] The Pew report states that of the more than 2 million consumers who obtain title loans, one out of nine consumers default on their loans, and notes that repossession affects approximately 5 to 9 percent of borrowers who default.

The Vice President of state policy at the Center for Responsible Lending argues that the car title loan model is built around loans that are impossible to repay. He goes on to cite a 2007 study by the Center for Responsible Lending which shows that 20% of title loan borrowers in Chicago had taken out a loan in order to repay a previous loan to the same lender.[24]

[23][22]

This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and USA.gov, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for USA.gov and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
 
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
 
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.
 


Copyright © World Library Foundation. All rights reserved. eBooks from Project Gutenberg are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.