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Car Loan Security Agreement for the United States

Car Loan Security Agreement Template for United States

A Car Loan Security Agreement is a legal document used in the United States that creates a security interest in a vehicle in favor of a lender. The agreement outlines the terms of the loan, including payment obligations, and gives the lender the right to repossess the vehicle if the borrower defaults. It combines elements of both a loan agreement and a security agreement, complying with UCC Article 9 and various federal and state regulations governing consumer lending and secured transactions.

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What is a Car Loan Security Agreement?

The Car Loan Security Agreement serves as a fundamental document in vehicle financing transactions within the United States. This agreement is essential when a lender provides financing for a vehicle purchase and needs to secure their interest in the collateral. It combines the elements of a promissory note with security provisions, ensuring the lender has legal recourse if the borrower defaults. The document must comply with federal regulations like the Truth in Lending Act and state-specific requirements, while also adhering to UCC Article 9 provisions for secured transactions. It typically includes detailed information about the vehicle, loan terms, maintenance requirements, and default remedies.

What sections should be included in a Car Loan Security Agreement?

1. Parties: Identifies lender and borrower with full legal names and addresses

2. Background: Explains the context of the loan and security agreement

3. Definitions: Defines key terms used throughout the agreement including 'Vehicle', 'Loan', 'Security Interest'

4. Loan Terms: Details of the loan amount, interest rate, payment schedule, and term of the loan

5. Security Interest: Description of the vehicle and grant of security interest to the lender

6. Borrower's Obligations: Maintenance, insurance requirements, and other obligations regarding the vehicle

7. Default Provisions: Definition of events of default and consequences

8. Remedies: Lender's rights and remedies upon default, including repossession rights

What sections are optional to include in a Car Loan Security Agreement?

1. Co-Signer Provisions: Terms and obligations applicable when there is a co-signer on the loan

2. Electronic Payment Authorization: Terms and authorization for automatic payment arrangements

3. Gap Insurance Provisions: Terms relating to gap insurance coverage and requirements

What schedules should be included in a Car Loan Security Agreement?

1. Vehicle Description Schedule: Detailed description of the vehicle including VIN, make, model, year, and condition

2. Payment Schedule: Detailed amortization schedule showing payment dates, amounts, and allocation between principal and interest

3. Insurance Requirements Schedule: Specific insurance requirements including minimum coverage amounts and types

4. State-Specific Disclosures: Required disclosures and notices based on applicable state law

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Clauses






























Industries

Truth in Lending Act (TILA) and Regulation Z: Federal legislation requiring lenders to provide standardized disclosures about credit terms and costs, including APR, finance charges, and payment schedules.

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in lending based on race, color, religion, national origin, sex, marital status, age, or receipt of public assistance.

Fair Credit Reporting Act (FCRA): Federal law regulating the collection, dissemination, and use of consumer credit information, including requirements for adverse action notices.

UCC Article 9: Uniform Commercial Code Article governing secured transactions, including creation, perfection, and enforcement of security interests in personal property like vehicles.

State Usury Laws: State-specific regulations limiting maximum interest rates and finance charges that can be charged on auto loans.

State Motor Vehicle Laws: State-specific regulations governing vehicle registration, titling, and liens on motor vehicles.

State Consumer Protection Laws: State-specific regulations protecting consumers from unfair or deceptive practices in auto financing.

Servicemembers Civil Relief Act: Federal law providing special protections to active duty military personnel regarding interest rates and repossession.

Bankruptcy Code: Federal laws affecting creditor rights and treatment of secured auto loans in bankruptcy proceedings.

State Repossession Laws: State-specific requirements governing the process and procedures for vehicle repossession upon default.

ESIGN Act and UETA: Federal and uniform state laws governing the validity and enforceability of electronic signatures and records in loan agreements.

CFPB Regulations: Consumer Financial Protection Bureau rules governing auto lending practices, including disclosure requirements and unfair practices.

FTC Regulations: Federal Trade Commission rules protecting consumers in auto financing transactions and preventing unfair trade practices.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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