TITLE LOAN STATE REGULATIONS AND LENDING LAWS

From Hyperlend

Know the lending limits in your state before you apply for a car title loan! Each state has different restrictions on how much you can borrow and how long you have to repay a loan.

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Lending Laws For Title Loans In Each State

Before you take out a title loan, you’ll want to see if this type of lending is legal or prohibited in your State. You can use the collateral from your vehicle as a loan in a few ways, but that won't mean much if your state outlaws title loans or severely restricts the loan amounts or interest rates.

Simply put, car title loans allow consumers to borrow against the current equity of their vehicle. Cars older than ten years are ineligible for these types of loans because a car’s value decreases over time. With a title loan, the value of your vehicle is the main factor determining the loan amount and repayment term. It should be noted that this type of loan is not available in every state and that some states have lending tools similar to a car title loan but are available through legal loopholes. These can include registration loans and title pawns, and in most cases, you'll still be able to keep driving your vehicle with any of these lending options while you pay off the loan.

 

Difference Between A Car Pawn Loan vs. Car Title Loan

There is a significant difference between a car pawn loan and a car title loan. With a car pawn loan, you leave your car at the pawnshop and lose access to your vehicle until the loan is repaid. With a car title loan, you still have access to your vehicle, but the company that has loaned you the money has ownership over your car’s title until your loan is repaid.

 

State Requirements For A Title Loan

Each state has different criteria that they are looking at for borrowers to be eligible for a title loan. You may need the following documents when requesting a loan that uses your vehicle as collateral.

Proof of ownership and a clear title - You must be able to show that you’re the sole owner of the car on which you would like to request a loan.

Proof of income - It’s not enough to prove that you own the car, it must be clear that you can repay the loan. Proof of income would include some of the following: pay stubs, bank account activity, alimony, and other types of income received on an ongoing basis.

Identification - Do you have a valid picture I.D.?

How old are you? Some states allow individuals as young as 18 to apply for one of these loans.

Pictures of your car - Is your vehicle in good condition? If you’re applying for an online car title loan, do you have photos that prove your car is in good shape?

An eligible paid off vehicle - Does your car qualify for a title loan?

You may find that your lender may request additional information from you. In some cases, lenders may also request a credit check. Again, this depends on the regulations in your state.

 

Car Title Loan Repayment Restrictions

Repayment terms for an online title loan can range from 6 to 48 months. The loan duration depends on the state in which you live. Loan duration is also related to a borrower’s ability to extend their loan duration or roll over their payments. In some states, borrowers are unable to extend the loan duration. In other states, they may be able to extend the duration of their loan by a set number of times. It is up to the borrower to understand the loan terms.

 

Default and Car Repossession

The most critical aspect of requesting a car title loan is understanding the terms of the agreement that you’re going into. Be clear on what will happen if you expect that you may be late for a payment, what your rights are as a borrower, and what will happen if you’re unable to pay your loan back in full.

Lenders in this situation can repossess your vehicle if you don't make the required payments. You'll have a certain amount of time to get the car back, but if you do nothing or can't pay the amount due, the vehicle will be auctioned.

 

State Lending Laws

 

States that Allow Car Title Loans

If you’re wondering if your state allows borrowers to request car title loans, below is a list of states that do:

Alabama - Is currently regulated by the Alabama Pawnshop Act, which details all of the regulations for the industry as well as borrowers' rights and what they should expect if they apply for a loan.

Arizona - regulates its car title loan industry via the Motor Vehicle Times Sales Disclosure Act. The interest rate charged on your loan depends on the amount you borrow.

Delaware - Car Title Loan regulation falls under Delaware code title 5 §§ 2250 et seq.Consumers may request loan rollovers for a maximum loan term of 180 days.

Georgia - The Pawnbroker Law under code §§ 44-12-130 et seq. sets the lending regulations for Georgia. These regulations set terms specific to the amount of interest charged.

Idaho - The Idaho Title Loan Act stipulates that lenders must be licensed to lend car title loan products.

Illinois - Under the Consumer Installment Loan Act, Illinois caps the limit of a car title loan to $4,000.

Texas - The Texas Finance Code requires full disclosure of loan terms before a borrower signs their contract.

Mississippi - Under the Title Pledge Act, Mississippi borrowers are limited to a loan of $2500.

Missouri - Currently, the Pawnbroker Loans Act allows individuals to borrow a maximum of $5,000.

Nevada - The Nevada Revised Statute states that loan amounts cannot exceed 25% of your pre-tax earnings.

New Mexico - For those in New Mexico, the Small Loan Act lending maximum terms may be somewhat confusing. Before requesting your loan, you must review your lender’s terms.

South Dakota - The South Dakota Title Loan Laws allow borrowers to renew their loan 4 times or up to 120 days after requesting the initial loan.

Utah - Car Title Loans fall under Utah's Title Lending Registration Act. Lenders must register with the Nationwide Multistate Licensing System and are regulated by this licensing body.

Virginia - The Virginia title law currently prohibits borrowers from taking out duplicate loans when they have a current loan outstanding.

Wisconsin - Under Statute 138.09, borrowers must pay their loan in full no later than 6 months from the initial loan date.

If you’re unsure about car title loans being available where you live, you can do a basic Google search to discover the status of car title loans in your state.

 

Car Title Loan Loophole States

Currently, four states allow car title loans due to a loophole in their regulations.

South Carolina - Loans are typically made for a minimum of 30 days, but borrowers can roll over the loan for a maximum of 6 times. South Carolina’s car title loan regulations fall under the Section 37-3-413 code of law.

Kansas - Borrowers in Kansas may request two additional loan term extensions. Refer to the following statute Kansas statute chapter 16a article 2 for more guidance on the regulations

California - Recently passed regulations now cap the interest rate at 36% for car title loans originating in California.

Louisiana - Lenders set all terms related to short-term borrowing and lending in Louisiana. The minimum loan amount is $350.

If you don’t see data related to your state, please be aware that regulations change periodically. It's best to check your state's lending regulations before you commit to a lending term. Call Hyperlend at 800-971-3022 for more information about lending laws in all 50 states.

 

 

 

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