A car title loan is a loan in which a car's title and sometimes a copy of the keys are held as collateral. Car title lenders may look or feel like a pawnbroker or a used car dealer.
Like payday loans, car title loans are marketed as small emergency loans, but in reality they are designed to trap borrowers in a cycle of debt. They put at high risk an asset that is essential to the well-being of working families: their cars.
In July of 2010, a new law was passed which will create a Consumer Financial Protection Bureau (CFPB) to oversee consumer lending. This means that for the first time, a federal agency will have the authority to rein in car title loans. The agency is likely to be created during the summer of 2011.
How Car Title Loans Work
A lender will lend a borrower an amount no higher than 30 – 50% of the value of the car, meaning that most car title loans are “oversecured.” The borrower has to repay the entire amount of the loan plus fees in one lump sum (a “balloon payment”), usually within a month. If the consumer can’t repay when the loan is due, he or she can either pay another fee to roll the loan over, or the lender will come and take the car, sell it, and keep the money from the sale.
State Regulation of Car Title Lending
In 2011, a federal regulator will be created with jurisdiction over car title loans. Meanwhile, it is up to the states to regulate them. High-priced title loans are illegal in more than half of the states.
In victories for consumers in 2008, New Hampshire capped car title loans at 36% APR, and Iowa closed loopholes to cap car title loan rates at 35% or less. Oregon has also lowered the maximum allowable cost of a car title loan. In 2007 lenders were banned from making car title loans or any other loans with APRs greater than 36% to members of the military and their families.
On the other hand, car title lenders are generous campaign contributors, and industry-friendly laws have been adopted in some states. Car title lending companies have grown rapidly over the last several years in states that do not protect consumers. For example, there are over 900 storefronts in Alabama, over 272 in Mississippi, over 230 in Missouri, 150 in Virginia, and 111 in just one county in Tennessee.
Even worse, in states where car title lending is illegal, title lenders have sought to hide the true nature of their products in order to exploit loopholes in existing laws - pretending, for example, that their abusive loans are "sales and leasebacks," "pawns," or "motor vehicle equity lines of credit."
More information about car title loans
The best source of information about car title loans is "Car Title Lending: Driving Borrowers to Financial Ruin (PDF)," a report released by the Center for Responsible Lending and the Consumer Federation of America in 2005.
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Studies, reports, and more data about car title loans
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AFFIL is grateful to the Consumer Federation of America for their help with this page.
Last Update: January 2009.