The Title Loan Contract is essential for transactions where a borrower seeks to obtain a loan using their vehicle as collateral while retaining possession and use of the vehicle. This document type is commonly used in Canada's alternative lending market and must strictly comply with both federal regulations (such as Criminal Code interest rate caps) and provincial consumer protection laws. The contract serves multiple purposes: it documents the loan terms, establishes the security interest in the vehicle, provides required consumer disclosures, and outlines the rights and obligations of all parties. It's particularly important in the Canadian context where title loans face strict regulatory oversight and must include specific consumer protections.
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1. Parties: Identification of the lender and borrower with full legal names and addresses
2. Background: Brief context explaining the purpose of the loan and the security interest in the vehicle
3. Definitions: Key terms used throughout the agreement including 'Vehicle', 'Loan Amount', 'Security Interest', 'Term', and 'Interest Rate'
4. Loan Details: Specific terms of the loan including principal amount, interest rate, term, and payment schedule
5. Vehicle Information: Detailed description of the vehicle including make, model, year, VIN, and current mileage
6. Security Interest: Terms establishing the lender's security interest in the vehicle title
7. Borrower's Representations: Borrower's warranties regarding vehicle ownership, condition, and absence of other liens
8. Borrower's Obligations: Ongoing responsibilities including vehicle maintenance, insurance, and prohibited actions
9. Payment Terms: Detailed payment schedule, method of payment, and prepayment provisions
10. Default Provisions: Definition of default events and lender's rights upon default
11. Enforcement Rights: Lender's rights and remedies in case of default, including repossession procedures
12. General Provisions: Standard clauses including notices, amendments, governing law, and severability
1. Co-Signer Provisions: Required when a co-signer is involved in guaranteeing the loan
2. Insurance Requirements: Detailed section needed when specific insurance requirements exceed standard coverage
3. Electronic Communications Consent: Required when parties agree to electronic communications and documents
4. Cross-Collateralization: Used when multiple vehicles or assets are securing the loan
5. Business Purpose Declaration: Required when the loan is for business rather than personal purposes
6. Additional Borrower Provisions: Required when there are multiple borrowers on the loan
1. Schedule A - Vehicle Description: Detailed technical specifications and condition report of the vehicle
2. Schedule B - Payment Schedule: Detailed amortization schedule showing all payments, interest, and principal
3. Schedule C - Insurance Requirements: Specific insurance requirements and minimum coverage amounts
4. Schedule D - Fee Schedule: Breakdown of all fees, charges, and penalties
5. Appendix 1 - Vehicle Registration Documents: Copies of vehicle registration and title documents
6. Appendix 2 - Disclosure Statement: Cost of borrowing disclosure as required by provincial regulations
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Automotive
Consumer Lending
Banking
Alternative Lending
Credit Services
Vehicle Finance
Asset-Based Lending
Relevant Teams
Legal
Compliance
Credit Operations
Risk Management
Collections
Customer Service
Documentation
Underwriting
Branch Operations
Quality Assurance
Relevant Roles
Loan Officer
Credit Manager
Compliance Officer
Legal Counsel
Contract Administrator
Risk Manager
Collections Manager
Financial Services Representative
Underwriter
Branch Manager
Consumer Protection Officer
Documentation Specialist
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