A voluntary surrender is the same as an involuntary surrender (repossession). From the creditor's standpoint there is no difference. The only possible difference might be if you get the creditor to waive some of the collection costs. Let me understand - you have a personal loan but not an auto loan. However, as security for the loan the lender accepted title to your car and/or put a lien on the title? The maximum rate is 6% 41 P.S. ? 201.Maximum lawful interest rate (a) Except as provided in Article III of this act, the maximum lawful rate of interest for the loan or use of money in an amount of fifty thousand dollars ($50,000) or less in all cases where no express contract shall have been made for a less rate shall be six per cent per annum.(b) The maximum lawful rate of interest set forth in this section shall not apply to:(1) an obligation to pay a sum of money in an original bona fide principal amount of more than fifty thousand dollars ($50,000);(2) an unsecured, noncollateralized loan in excess of thirty-five thousand dollars ($35,000); or(3) business loans of any principal amount. But the above statute does not appear to apply to certain kinds of loans that are collateralized. The statute says: 41 P.S. ? 1 Interest as agreed on advances on collateral loans In any case hereafter, in which advances of money, repayable on demand, to an amount not less than five thousand dollars, are made upon warehouse receipts, bills of lading, certificates of stock, certificates of deposit, bills of exchange, bonds, or other negotiable instruments, pledged as collateral security for such repayment, it shall be lawful to receive, or to contract to receive, and collect as compensation for making such advances, any sum to be agreed upon in writing by the parties to such transaction. Without looking at the loan documents, I cannot tell whether this truly falls within the exception for collateralized loans or whether this violates the usury law. If the loan does violate the usury law, then you need not pay the excessive interest. What I think you should do is go to a consumer law attorney and pay the attorney to review your documents to determine if the interest rate is usurious or whether you may have any other defenses here. If the loan is ok with the outrageous interest, then I would look to filing bankruptcy perhaps. You do not indicate what the car is worth and that may also have some bearing here as to your best course of action.
Answered on Oct 24th, 2013 at 5:42 AM