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Massachusetts AG Probes Borrowers’ Ability to Repay Loans

Joey Pizzolato

WASHINTON, D.C. — The Massachusetts attorney general is taking a greater interest in the practices of used-car lenders failing to consider borrowers’ ability to repay, Max Weinstein, chief of the Consumer Protection Division, said at CBA Live 2019.

The move draws on a Massachusetts precedent in the mortgage origination space in which a subprime lender was making loans without regard to borrowers’ ability to repay, “essentially dooming borrowers to foreclosure” after a teaser interest rate, Weinstein said.

“That is a precedent we think has equal force when it comes auto lending,” he said.

Read more: Ancillary Products Need a Makeover, NADA Says

“While most people do not live in their vehicles, most people in Massachusetts — and I’d imagine nationally — need their car to get to work,” Weinstein said. “If you can’t drive, you may lose your job, along with a number of other problems. So, setting someone up to fail in regards to an auto loan is a very serious thing, and no less serious than setting someone up to fail with a home purchase.”

The Massachusetts attorney general’s office is actively investigating and enforcing an ability-to-pay case in regard to a buy-here, pay-here dealer that finances its own purchases. The regulator’s interest isn’t limited to that specific sector of auto finance, Weinstein said.

For more content like this, check out our upcoming event Auto Finance Accelerate, May 13-16 at the Omni San Diego. Visit www.AutoFinanceAccelerate.com to register.

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