Virginia considering regulating car title loans

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Virginia is considering putting the brakes on the repo man, but there's disagreement on how to do it.

A General Assembly panel yesterday opened hearings on a possible clampdown on car-title loans, under which borrowers -- often with poor credit histories -- use their cars as collateral and lose them if they fail to repay.

The industry, which typically charges 300 percent to 350 percent in annual interest, operates in Virginia with few restrictions.

Through a vast corps of lobbyists and $1.1 million in contributions to legislators since 2002, lenders are pressing for restrictions that won't threaten profits.

Dewey B. Morris of Richmond, a lawyer who specializes in consumer finance and represents four car-title lenders, said firms don't want borrowers' vehicles.

Often they are of little value, because owners won't maintain them if they anticipate ducking a loan, he said.

One of Morris' clients, Community Loans of America, repossesses cars and trucks on only 5 percent of failed loans. Morris said two in 10 loans default.

Jay Speer, a lawyer for the Virginia Poverty Law Center, said car-title lenders should operate under a law restricting interest on consumer loans to 36 percent.

Growing concern about the impact on the work force of high-cost loans, such as car-title and payday loans, has even prompted Virginia government to offer alternatives to its employees.

The state expects to announce next month an emergency-loan program under which workers could borrow small sums at low rates.

Seventeen states regulate cartitle loans; 24 states and the District of Columbia ban them or limit interest rates to those allowed on consumer loans.

Virginia car-title lenders believe a Tennessee statute could be model for a law here. In place since 2005, the Tennessee law limits loans to $2,500 but requires an upfront fee based on 20 percent of the loan and allows modest reductions in principal after the loan is renewed a third time.

The downturn and restrictions this year have cut deeply into payday lenders' profits, forcing them to offer pricier alternatives.



Contact Jeff E. Schapiro at (804) 649-6814 or .

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Reader Reactions

Flag Comment Posted by am on July 06, 2009 at 10:38 am

There is only one consumer on here who has actually gotten a title loan and had a bad experience.  Although I have not used them, many of my family members have used both payday loans or title loans at one point in their lives and did not have a bad experience.  They took out small loans though and not more than they needed.  They ususally borrowed 200-300 and paid it back on payday.  It was a nice alternative to asking the family for money.

Flag Comment Posted by rkzmgmt on July 02, 2009 at 11:26 am

It’s unfortunate that individuals think that they are completely devoid of responsibility when they take advantage of a product and it doesn’t work out for them.  No one forces anyone to patronize these institutions.  If you stood outside of a title lender for an entire day, no one would physically drag you in and forge your name on documents.  We’re becoming a litigious, big brother society that lacks personal responsibility and accountability.  If you get cancer from smoking, you blame the tobacco companies, although they give you plenty of warnings; if you’re obese, you blame the fast food companies; if your kids are having trouble in school, you blame the teachers.  And now, consumers as a whole are no longer responsible for the purchases or contracts that they sign?  We also believe that something shouldn’t exist because we don’t agree with it…what kind of nonsense is that?  I wouldn’t take out a title loan but I’m not going to insist that they be abolished simply because of my personal beliefs.

Flag Comment Posted by oneuser on July 01, 2009 at 4:30 pm

panative , I am pretty sure that access to credit is what got this country in this mess in the first place. When abused,credit is not a good thing.Like charging a 300 percent interest. I checked at the bank and a one year cd only pays 1.75 percent right now.Hard working responsible people would go to the bank for loan or use their credit card. Only low income people with no option or choice would pay 300 percent interest.Once again charged by legal loan sharks.Lets regulate them just like all the other banking industries. Why should they resist if they are not wrong or have anything to loose?

Flag Comment Posted by panative on July 01, 2009 at 12:53 pm

I have reason to scream because I am sick and tired of people attacking an industry they know nothing about. The name calling is ridiculous.Close to half a million people in the Commonwealth use this service. Poor people do not have the ability to get a payday loan or a Title loan. THese are hard working, responsible people who need access to credit. The loans sharks are angry that the payday & title loan companies opened shop because it put them out of business. (FYI - A loan shark charges 60 points on the dollar payable in 1 week..i.e. 100.00 today equals 160.00 due back in 7 days). That’s 3120% interest! That’s what the half million people can resort to if your regulation goes thru. If you took the time to ask a person why they use payday or title loans, they will tell you because no one else will help them. That’s exactly what this country needs. More unemployment & less access to credit. God Bless America because it needs it now more than ever!

Flag Comment Posted by oneuser on July 01, 2009 at 11:57 am

panative, No need to shout this will not increase the value of your comment (all caps is shouting).Banks are not the issue.At issue is whither these legal loan sharks should be regulated. With the way the lending industry had functioned.I would love to see these loan sharks regulated.They prey on the poor and the ones least able to repay the 300 percent loans.Why would you not want them regulated?

Flag Comment Posted by GodFather on July 01, 2009 at 11:00 am

While we can all sympathize with the people that are to be charged for this service, the simple fact remains.  These places are their only “legal” recourse at this time.  We can rend our clothes and beat our chest over the penalties these people pay, or as is the case this story addresses, pass laws.  But all that will do is to eliminate an option for the people.

For those needing the money, they will find another way - probably from a loan shark.  Who may not take their car, but instead take a leg or even a life.  These companies will not be criminalized.  After all, love them or hate them, they are legitimate businesses.  Instead, as happened with the pay day loans, they will simply walk away from the state, leaving the borrowers with only shady alternatives.

This is yet again a case where the nanny government is trying to save us from ourselves, but instead of doing what is intended (as that will not happen), it will only create more opportunities for the criminal element.  There is a reason we have a cliche - “the Road to h-e-!-! is paved with the best of intentions”.  Truisms will not be denied.

Flag Comment Posted by panative on June 30, 2009 at 11:04 pm

OVERDRAFT PROTECTION…THE BANK WILL PROTECT YOU FROM OVERDRAFTING YOUR ACCOUNT FOR A FEE…A FEE THAT GOES BEYOND 300% IF CALCULATED ANNUALLY…WILL THE BANK GIVE YOU 25 DAYS TO PAY IT WITHOUT CHARGING THE FEE? ABSOLUTELY NOT!!WHAT IS THE APR ON A CAR TITLE LOAN IF PAID WITHIN THE 1ST 25 DAYS??...NOTHING…NADDA…ZIPPY…THAT’S RIGHT…NO INTEREST…NEXT TIME YOU PASS THRU RICHMOND, PLEASE MAKE NOTE OF THE BEAUTIFUL SKYSCRAPERS TOWERING OVER THE CITY & MAKE NOTE OF THE NAMES ON THE BUILDINGS..NOT A PAYDAY LENDER OR TITLE LOAN BUILDING IN THE BUNCH!!

Flag Comment Posted by Ty on June 30, 2009 at 7:20 pm

I agree with everyone on their comments. However, I know firsthand experience what goes in a Car-title loan establishment. It is just like anything else in life that we sign our name to and it is a binding legal document we have responsibilities to fulfill the obligations. But I think I know how people really get in over their head; it is because of the interest that hits the account when the customer is one day late, so in return a counter offer is made if you are late. Then in return the reply is made by the company, we will renew your loan and whatever your credit amount that is available, we will give it you if you make your payment now. And certainly don’t forget about kids going back to school and the Holiday season of Thanksgiving and Christmas you will be getting mailing and calls stating that you are in good standing come on in and get a loan! Just something to think about! Oh yea, the one person is right, if you are delinquent on your loan the state of VA says your car cannot be reposed by the particular company until your loan is official ten days late, so the midnight of the tenth day the repo man is waiting to repo your car and take it to the auction and sell it, but just like anything else have time to get it back and once again VA says fifteenth days is your max amount of time you have of getting your vehicle back, if not it will definitely be auctioned off.

Flag Comment Posted by oneuser on June 30, 2009 at 3:34 pm

panative,
“one user, what is the name of the fee the bank charges if you write a check for an amount of money that is not in your account? Protection!!“
WRONG it is called overdraft. You only have to know right from wrong to know that it is wrong to charge 300 percent interest.I imagine the General Assembly will deal with this.People need to be treated fairly not preyed upon by these loan sharks.

Flag Comment Posted by panative on June 30, 2009 at 2:59 pm

one user, what is the name of the fee the bank charges if you write a check for an amount of money that is not in your account? Protection!! If that’s not mafia then waht is? At least the payday lenders & Title loans are truthful about their rates with no hidden fees or charges. The decision should be yours & not the governments. You’re obviously to ignorant to know anything about the people who use these services.

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