Here’s an interesting Mississippi court case that provides specific insight as to whether a title loan company can provide loans on mobile homes.
Here’s a link to the facts, the view of the Mississippi Banking Department, and the ultimate disposition of this case:
Title Loans on Mobile Homes Link
From the Case:
“Based on the Debtor’s testimony, the Court finds that Laird led her to believe she was entering into a $2,500.00 title loan with Franklin Check Service.
Indeed, Laird admitted at Trial that he initially discussed a $2,500.00 title loan with the Debtor. From his conversation with the Banking Department, Laird knew that Franklin Check Service could lose its title loan license if it granted a title loan on a mobile home, and he also knew that he could not grant the Debtor a title loan himself, so he transformed the title loan transaction to a purported sale to circumvent Mississippi law.
It was reasonable for the Debtor to believe that she was agreeing to a title loan with Franklin Check Service because her conversations with Laird and Delozier took place at its office, Laird was its sole owner, and Delozier was its sole employee.
Also, providing Laird with the Certificate of Title was just as consistent with a title loan as with a sale.[13]
More significantly, the Court does not believe that the Debtor would have agreed to sell her mobile home for $2,500.00 when she had purchased it only five (5) months earlier for $8,700.00 and had made repairs to the interior and had no other place to live.
Indeed, the $2,500.00 purchase price paid by Laird’s Body Shop is less than thirty percent (30%) of the amount the Debtor paid for the mobile home.
In comparison, thirty percent (30%) is within the typical percentage range that a title lender will loan. Taming Title Loans, 101 VA. L. REV. 1753, 1756-57 (2015).”
The Federal Trade Commission will hold a workshop on October 30, 2015, to explore the growing use of online lead generation AND TITLE LOAN MARKETING in various industries, including consumer lending and education.
Lead generators identify or cultivate consumer interest in a product or service, and sell the consumer “lead” information to third parties. For example, as consumers search the Internet for goods and services, they may express interest in specific topics, such as educational programs, mortgages, or small-dollar loans, and submit their personal information to the lead generator. The consumer leads sometimes contain sensitive personal and financial information that may travel through multiple online marketing entities before reaching the desired business.
The workshop, “Follow the Lead: An FTC Workshop About Online Lead Generation,” will gather a variety of stakeholders, including industry representatives, consumer advocates, and government regulators, to discuss consumer protection issues raised by the practices of the lead generation industry, such as:
How online lead generation works and its variations, depending on the industry, What types of lead generation conduct may be unlawful under the FTC Act’s prohibition against unfair or deceptive practices, Best practices for entities that generate and sell consumer leads, and How consumers can avoid unlawful conduct in the online marketplace.
The FTC is seeking research, recommendations for discussion topics, and requests for panelists in advance of the workshop. Please email any relevant information to leadgen@ftc.gov by August 25, 2015. The deadline to submit public comments about the workshop is December 20, 2015. Comments can be submitted electronically.
The workshop, which is free and open to the public, will be at the Constitution Center, 400 7th St., SW. The FTC will publish a detailed agenda at a later date. Reasonable accommodations for people with disabilities are available upon request. Requests should be submitted to Fawn Bouchard at Fbouchard@ftc.gov or 202-326-2743. Requests should be made in advance and include a detailed description of the accommodations needed and contact information.
The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s website provides free information on a variety of consumer topics. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.
Are you in the title loan business? Want more leads? Need how to learn all about buying and selling title loan and payday loan leads? Get our newly updated book immediately delivered into your email inbox: How to Start a Car Title Loan Business
A title loan is a short-term loan on your car or truck. Some lenders will make a loan on a motorcycle, boat or RV as well. To qualify for a loan, you must have the title to the vehicle in your name. If title is held in both you and your spouse’s name, both of you must apply for the car title loan.
Generally, the title to your vehicle must be “clear.” That is, you cannot owe another lien holder money against the title. Some lenders will make a car title loan if the amount owed a previous lien holder is less than 25% of the “low book” value of the vehicle. You can estimate the low book value of your vehicle here: NADA.
A “free and clear car title” means that you and/or a co-owner (spouse) own your vehicle, with no unsettled loans or judgments against it. This is a requirement to be eligible for a title loan by the majority of title loan lenders; often called “pink slip loans.”
If you do own your car, a title loan is a fast and easy way to get the money you need. All you need to bring into the title loan store is a “clear title,” valid government issued ID, and proof of income. Bring payroll stub, bank account statements, utility bill…
We offer 2 methods to invest in our “How to Start a Car Title Loan Business:”
You get cash and your car serves as collateral for the loan.
Car title loan lenders rarely use your credit ratings when determining your qualification for a title loan or the loan amount.
The following items are required to start the title loan approval process:
The title loan process typically takes about 30 minutes. Many title lenders provide the loan proceeds in cash. Others will give the borrower a check or a debit card. Some title lenders ACH the loan proceeds into the borrower’s checking account. A lot of this depends on whether you’re an Internet car title loan lender or a “brick-n-mortar” store front lender.
The lender’s ability to refinance a title loan is subject to state laws, but it is available where applicable. Refer to our “How to Start a Title Loan Business Manual” for your state’s laws. Certain restrictions may apply. If applicable, you may refinance a loan by paying the interest and fees. Your new loan will then pay off the previous loan, which will then be due on your next pay date.
We offer 2 methods to invest in our “How to Start a Car Title Loan Business:”