(1) Before exercising any of its rights upon a default by a debtor under a title loan agreement, the title lender shall mail a “Notice to Cure Default” to the debtor at the debtor’s last address shown in the title lender’s file, notifying the debtor that the debtor has ten (10) days from the date of the notice in which to cure the default.
(2) If the debtor does not cure the default within the ten (10) days, the title lender may proceed to exercise its rights under chapter 9, title 28, Idaho Code. There shall be no further finance charges assessed to the debtor after the title lender has obtained possession of the titled personal property.
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Terms Used In Idaho Code 28-46-507

  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Title lender: means a regulated lender authorized pursuant to this part to make title loans. See Idaho Code 28-46-502
  • Title loan: means a loan for a consumer purpose that is secured by a nonpurchase money security interest in titled personal property and that is scheduled to be repaid in either a single installment or in multiple installments that are not fully amortized. See Idaho Code 28-46-502
  • Titled personal property: means any motor vehicle, the ownership of which is evidenced and delineated by a state issued certificate of title, but does not include a motor home, mobile home or manufactured home. See Idaho Code 28-46-502
(3) Upon voluntary surrender of the titled personal property used as security for a title loan, the title lender shall have no obligation to send any “Notice to Cure Default” to the debtor.
(4) Title lenders may assess and collect reasonable expenses of collection and enforcement as authorized by chapter 9, title 28, Idaho Code.