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Predatory Lending

Predatory Lending

Predatory Lending

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orrower to visit a store to pick up their money, usually in the form of a check. When<br />

filling out these applications, they may ask for things like the vehicle's Vehicle<br />

Identification Number (VIN) and/or insurance policy numbers.<br />

Loan Calculation<br />

The amount a borrower can be loaned is dependent on the worth of their vehicle. A<br />

lender will typically look up the auction value of the car being used as collateral and<br />

offer a loan that’s between 30% and 50% of the worth of the vehicle. This leaves<br />

lenders a cushion to make profit if ever they need to repossess the vehicle and sell it at<br />

auction, in the event the borrower defaults.<br />

States Offering<br />

Title Loans<br />

Title loans are not<br />

offered in all states.<br />

Some states have<br />

made them illegal<br />

because they are<br />

considered a welfarereducing<br />

provision of<br />

credit, or predatory<br />

lending. Other states,<br />

like Montana, have<br />

begun placing strict<br />

regulations on title<br />

loans by not allowing<br />

the APR to reach<br />

above 36%, down from the previous 400%. However, Montana has recently voted<br />

against allowing title loans in the state.<br />

In 2008, New Hampshire passed a law capping APR at 36%. Some companies claim<br />

their average loan amounts to be between $300 and $500, and had to shut down their<br />

store fronts in that state, or their business entirely, because their business could not<br />

survive on a low APR for low loan amounts. Since then, the law has been reversed and<br />

new growth in the title loan industry has emerged, allowing title loan lenders to charge<br />

25% interest a month, or roughly 300% APR.<br />

States continue to vote on legislation allowing or disallowing title loans. Some states<br />

have no limit on the APR that title loan companies can charge, while others continue to<br />

crack down and push for stricter regulation. Early in 2012, Illinois recently voted to cap<br />

APR on title loans at 36%, with other provisions that would limit the title loan industry in<br />

the state. The vote did not pass, but voters and politicians in Illinois and other states<br />

continue in their convictions to regulate or outlaw title loans.<br />

Page 119 of 181

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