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(Iowa) Attorney General Wants Crackdown On Car Title Loans
Des Moines KCCI Channel 8 ^ | December 29, 2005

Posted on 12/29/2005 11:09:46 AM PST by Extremely Extreme Extremist

DES MOINES, Iowa -- Most people who need a car title loan need cash quickly.

There are several lenders that offer loans in which the borrower hands over their car keys and title in exchange for a few hundred dollars. The problem is that interest rates for car title loans can leave the borrower owing much more.

But the Iowa attorney general said interest rates of up to 300 percent and more are simply unfair to the borrowers.

"In my opinion, car title loans are unfair," said Tom Miller, Iowa's attorney general.

Leckness has to get a ride for her family because her car was repossessed. She borrowed $300 from Loan Max at Merle Hay and Hickman roads in the summer. She then missed a payment, her 1990 Honda was repossessed and she now owes more than $1,700.

"I have people give me rides on a daily basis. I'm very grateful for that," said Brianne Leckness, a loan customer.

Leckness is no longer a fan of car title loans.

"It seems like a great idea. … You get so involved and you can't get out," she said.

Miller wants the Legislature to crack down on car title loans and what he calls the "outrageous" interest rates. He said since lenders have the car title, the risk does not justify triple-digit interest rates.

"If they are going to have the security of a car, they need to charge a reasonable rate, not 300 percent or 200 percent or anything like that," Miller said.

Loan Max Owner Rod Aycox said he's made 30,000 loans in Iowa with few complaints. He said he is proud of his business, and it helps people with bad credit.

Leckness wants to warn others.

"I hope it does help other people who say they don't want to be worse off down the road," Leckness said.

During the last legislative session, Iowa lawmakers came very close to cracking down on car title loan programs. Miller said that he hopes lawmakers will pass tougher rules early next year.

The legislation would likely outlaw 300 percent interest rates and lower them to somewhere between 20 and 30 percent. If that happens, the owner of Loan Max said he would shut down his business because he could not make any money.


TOPICS: Business/Economy; Culture/Society; US: Iowa
KEYWORDS:
Ah yes, people need to be saved from themselves by stupid liberals.
1 posted on 12/29/2005 11:09:48 AM PST by Extremely Extreme Extremist
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To: Extremely Extreme Extremist

So THAT's the appeal of Jesse Jackson & Al Sharpton! [sarcasm on]


2 posted on 12/29/2005 11:11:55 AM PST by ExcursionGuy84 ("Jesus, Your Love takes my breath away.")
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To: Extremely Extreme Extremist

As I understand it, Iowa is one of the few states without an usury law.

Maybe there's a reaon the other ones have such a law?


3 posted on 12/29/2005 11:12:21 AM PST by proxy_user
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To: Extremely Extreme Extremist
"In my opinion, car title loans are unfair," said Tom Miller, Iowa's attorney general.

Predatory lending? Sure. Should it be illegal? No. These loans are what the market will bear. If they're adults, they should be able to contract freely. I would never advise someone to take one of these loans but if they do so, it is none of my (or the government's) business.

4 posted on 12/29/2005 11:13:53 AM PST by peyton randolph (<a href="http://clinton.senate.gov/">shrew</a>)
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To: proxy_user

What's a usury law?


5 posted on 12/29/2005 11:14:07 AM PST by Extremely Extreme Extremist (None genuine without my signature)
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To: Extremely Extreme Extremist

Leckness is no longer a fan of car title loans.

She has now properly paid for her education......


6 posted on 12/29/2005 11:14:28 AM PST by PeterPrinciple (Seeking the truth here folks.)
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To: Extremely Extreme Extremist
Leckness wants to warn others.

Then stand on the sidewalk outside Loan Max with a sign that says, "Don't Be A Moron Like Me!"

7 posted on 12/29/2005 11:18:04 AM PST by randog (What the....?!)
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To: Extremely Extreme Extremist

The attorney general is right on this one, but not for the reasons you think. Here in Mobile, Title Loan shops are sprouting up every single day, and you'll often see two competing franchises of the industry in the same damned office complex, and they have now expanded to every damned corner of the city, including nice areas (how long they remain nice is another question)

This is bad because well, no one sensible wants to be living near a title loan shop for the fear that it would bring the wrong element too near to their homes (because it will. I just as soon would have the city pass some kind of ordinance banning them in the city limits, though at this rate, it's too late because they have become so entrenched (and this is basically in the last two years)

A Title Pawn store is just that, a pawn store, no one in their right mind wants to live near a pawn shop, unless the neighborhood is heavily patrolled, or old money, or something like that. We should go after title loan businesses because as you increase the number of title loan shops, inevitably, you're going to increase the rate of crime.


8 posted on 12/29/2005 11:18:44 AM PST by AzaleaCity5691 (The enemy lies in the heart of Gadsden)
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To: Extremely Extreme Extremist

Nobody is putting a gun to peoples heads, making them sign the contract. Who signs a car title loan? The mentality that it takes to do that is the same mentality that gets someone in finacial trouble to begin with.


9 posted on 12/29/2005 11:21:58 AM PST by HOTTIEBOY (If the enemy is in shooting range, so are you.)
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To: PeterPrinciple
This debate was raging in Georgia last summer - here we have title pawn operations that routinely lend at 300% APR. I don't think they should be made illegal - I just think that like other lending areas - full disclosure needs to be given. Some of these title pawn portfolios have bad rates in excess of 50%, and I think that the lenders need to disclose the bad rate and allow the inference on the part of the borrower that maybe, just maybe, they're not so different from the portfolio average in their own expectations/probability of default.
10 posted on 12/29/2005 11:24:25 AM PST by Wally_Kalbacken
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To: Extremely Extreme Extremist

Usury is the act of lending money at a very high interest rate, generally over 100%. Most states have laws against this sort of transactions. These laws have been used against organized crime for many years.


11 posted on 12/29/2005 11:24:44 AM PST by Sthitch
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To: Sthitch

Actually, alot of the Southern states don't have these kind of laws, I know in Alabama, the typical APR on a title loan is around 250%


12 posted on 12/29/2005 11:27:06 AM PST by AzaleaCity5691 (The enemy lies in the heart of Gadsden)
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To: Extremely Extreme Extremist

Maybe - just maybe - if people belonged to churches, did charitable work or were otherwise involved in their communities they could get a helping hand when the chips were down, instead of allowing themselves to be suckered.


13 posted on 12/29/2005 11:30:16 AM PST by Doohickey (If you choose not to decide, you still have made a choice...I will choose freewill.)
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To: Extremely Extreme Extremist
I've seen Rev. Al on local DC affiliates hawking LoanMax. He seems to fit with them more, than the White House...


14 posted on 12/29/2005 11:33:16 AM PST by pageonetoo (You'll spot their posts soon enough!)
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To: HOTTIEBOY
Exactly. However those who operate the car title loan business prey on the ignorant and poor. Yes, it is the persons own fault and should know better but the lure of quick cash is to appealing to many. I guess where you stand on this issue all depends on your point of view.
15 posted on 12/29/2005 11:46:33 AM PST by RambozoDClown
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To: Extremely Extreme Extremist
Can someone explain to me why the nature of loans like this (and like the "payday loans" that have been flourishing among low level military personnel) and the math behind them, aren't the subject of required courses in public high schools and GED programs? It's not rocket science, and even kids who never quite get the math well enough to do it themselves, could watch it done on the blackboard and at least get the general message. The legislation would likely outlaw 300 percent interest rates and lower them to somewhere between 20 and 30 percent. If that happens, the owner of Loan Max said he would shut down his business because he could not make any money.

If he can't make any money doing fully secured loans, where he has physical possession of the collateral, at 20-30% interest rates, he's the most incompetent businessperson on the planet.

16 posted on 12/29/2005 11:47:52 AM PST by GovernmentShrinker
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To: Extremely Extreme Extremist
I see nothing wrong here.

Now if loanmax is hiding its interest rates, or doing something without disclosure or misleading its borrowers, thats different.

If they are disclosing all viable information and everything is open and transparent and their is an informed decision making person, then the government has absolutly no right to regulate what the business can charge or legislate what an appropriate profit margin is.

Any other arguement is simply stupid populist nonsense.

17 posted on 12/29/2005 11:48:24 AM PST by Sonny M ("oderint dum metuant")
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To: AzaleaCity5691
A Title Pawn store is just that, a pawn store, no one in their right mind wants to live near a pawn shop, unless the neighborhood is heavily patrolled, or old money, or something like that. We should go after title loan businesses because as you increase the number of title loan shops, inevitably, you're going to increase the rate of crime.

I used to work in an office that was next door to a pawn shop.

Never had any problems, and around the time the pawn shop was there, crime started dropping in the neighborhood.

Ironically, when the pawn shop closed down (poor business), crime started rising in the area, we eventually just moved our office.

We still try to figure out how and why that happened.

18 posted on 12/29/2005 11:50:49 AM PST by Sonny M ("oderint dum metuant")
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To: Sthitch
These laws have been used against organized crime for many years.

They also fail miserably.

NYC still has problems with loan sharking.

19 posted on 12/29/2005 11:52:18 AM PST by Sonny M ("oderint dum metuant")
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To: Wally_Kalbacken

But I still don't get how the lender can lose money as long as it's secured with the car title and he didn't loan more than say, 50% of the value.


20 posted on 12/29/2005 11:53:08 AM PST by Still Thinking (Disregard the law of unintended consequences at your own risk.)
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To: Still Thinking

Because most cars who's titles get pawned are pieces of crap, and it's not like a title loan shop is a legitamate bank or anything, they basically operate on a shoestring revenue source, they have no grand investments to shore them up, they have to cover what they pay out with what they take in, with no other considerations. In that since, they are much more like your average business than the typical bank. And it's not as if the most reputable and knowledgable business people are running these things, because if they were that good at business, they'd be doing better than running a title loan operation.


21 posted on 12/29/2005 12:01:06 PM PST by AzaleaCity5691 (The enemy lies in the heart of Gadsden)
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To: Sonny M
I was not making a statement about how useful they were, or whether they should exist, just what they are. When I used to give bridge loans, our firm was once investigated in Connecticut for the amount of interest we charged over a very short period. It was small relative to the amount of interest if the loan was paid off within 30 days, but we had accelerators that could have made the money cost a whole lot more. Those kicked in the longer the loan was outstanding. It was legal, but it was a real hassle having do deal with a State AG.
22 posted on 12/29/2005 12:10:07 PM PST by Sthitch
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To: GovernmentShrinker
If he can't make any money doing fully secured loans, where he has physical possession of the collateral,

He's not in physical possesion of the collateral. These saps keep their cars as long as they make the payments. The lender has to get a repo man to grab the car if the borrower doesn't turn in the car voluntarily when he defaults.

There was a case locally where a guy pushed his car off a cliff rather than turn it in to the title loan operation.

23 posted on 12/29/2005 12:15:57 PM PST by MediaMole
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To: Sthitch

Unfortunately these outfits do prey on the young (and uniformed, thanks to a public school system that would rather teach diversity and gayness, than anything practical). They provide quick loans with little in the way of applications, but if a payment is missed or late the rates skyrocket with no possible way for the person to pay the loan off. IMHO these are in no way to be considered to be legitimate business any more than drug dealers.


24 posted on 12/29/2005 12:26:29 PM PST by newcthem (9/11- not terrorists - just troubled youths.)
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To: MediaMole

Ah, I read "hand over their car keys" and interpreted it to mean they no longer had use of the car (like teenagers whose parents "take the car keys away"). Still 20-30% interest is a huge amount, and most people won't push their cars over a cliff to avoid letting a lender have it.

I think the real problem with the case cited, is that the lender DID get the car back, and somehow the former car owner still ended owing more than 5 times what she borrowed. And she doesn't sound like someone who played chicken with the repo man for several man. I think this lender is lending much to high a percentage of the cars' value and/or deliberately waiting until interest has accrued beyond the car's value before taking it. Sounds like his real business is using a secured loan to lure people into an unsecured loan (which is what his woman ended up with) which the borrower won't be able to pay, and then going after other assets by pushing borrowers into bankruptcy.


25 posted on 12/29/2005 12:27:33 PM PST by GovernmentShrinker
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To: newcthem
I agree with you they are immoral lending practices. Consumer lending is chock full of immoral and illicit schemes, this is just one of them. I find most of the people in that field of finance to be rather distasteful.
For me, I will stick with corporate financing, truth be told I would rather deal with a lawyer than a customer. The lawyer quickly figures out if they have screwed up and they will try to rationally rectify the situation for their client, while a customer will just stomp their feet and tell you how unfair it something is having never read what they signed.
26 posted on 12/29/2005 12:32:21 PM PST by Sthitch
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To: Extremely Extreme Extremist

Tom Miller is a liberal.


27 posted on 12/29/2005 12:48:26 PM PST by Eric in the Ozarks
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To: Extremely Extreme Extremist

'Car Title Loans' and 'Payday Cash' places weren't so common until riverboat gambling became the predominant savior of the public schools. I wonder what they really cost the states?


28 posted on 12/29/2005 12:50:08 PM PST by AD from SpringBay (We have the government we allow and deserve.)
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To: Still Thinking
There is almost no way to lose money running such a business in Georgia. Assuming you do not go beyond, say 80% LTV - and the 20% covers the costs of repo, transport, notice and auction - you're in the black. The typical office consists of a desk, phone and fax machine - I'm told that some do not even use a PC! I suppose you need a safe for storage of the titles. It's an incredibly profitable business. I wouldn't touch it with a ten foot pole for my distaste of the clientele, but then again, I'm a lawyer.
29 posted on 12/29/2005 12:51:39 PM PST by Wally_Kalbacken
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To: Sthitch
Personally, I always found that its better for the state to keep things above board and look for disclosure, and transparency to prevent fraud or misleading.

My gripe with the anti-loansharking laws, is that its a boon for organized crime, since, by organized crimes nature, they are going to avoid any kind of oversight.

When states pass usury laws, they wind creating a side underground loansharking business.

Its better to legalize usury and regulate then ban it all together or hassle or harras loaners out of doing business in the state.

Usury, or predatory lending or whatever, will always exist, and will one way or the other fill the vacume of the need for desired credit or loans.

How the state handles it, can either keep everything above board and protect the consumer while respecting their right to make a decision or, driving underground where criminal elements will thrive using it to fund other illegal enterprises and with no oversight.

30 posted on 12/29/2005 1:12:00 PM PST by Sonny M ("oderint dum metuant")
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To: proxy_user
Maybe there's a reaon the other ones have such a law?

Sure, the reason is simple. Many well-intentioned citizens are convinced government's role is to be everyone's mama.

It's much the sort of thinking that gave us Prohibition.

Some people cannot be trusted to make even simple decisions about ____________. Therefore, ____________ must be outlawed for the good of all.

31 posted on 01/03/2006 1:57:32 PM PST by newgeezer (Just my opinion, of course. Your mileage may vary.)
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