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Car Loan Security Agreement for Philippines

Car Loan Security Agreement Template for Philippines

This document is a comprehensive security agreement used in the Philippines for vehicle financing transactions, establishing a security interest in favor of the lender over a financed vehicle. It complies with Philippine banking regulations, the Truth in Lending Act, and the Personal Property Security Act, incorporating mandatory consumer protection provisions and disclosure requirements. The agreement details the loan terms, security arrangements, borrower obligations, insurance requirements, and enforcement mechanisms, providing legal protection for the lender while ensuring transparent terms for the borrower in accordance with Philippine law.

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Car Loan Security Agreement

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What is a Car Loan Security Agreement?

The Car Loan Security Agreement is a crucial document used in Philippine vehicle financing transactions to protect the lender's interests while ensuring compliance with local regulations. This document is required whenever a financial institution provides a loan for vehicle purchase and requires security over the vehicle. It must comply with multiple Philippine regulations including the Truth in Lending Act (RA 3765), Personal Property Security Act (RA 11057), and relevant Bangko Sentral ng Pilipinas (BSP) circulars. The agreement includes mandatory disclosures, creates an enforceable security interest, and sets out the parties' rights and obligations. It's particularly important in the Philippine context where vehicle financing is a significant part of consumer lending and requires specific regulatory compliance measures.

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

1. Parties: Identifies the Lender, Borrower, and their complete details including addresses and registration information

2. Background: Explains the context of the agreement - that the Borrower wishes to obtain a loan to purchase a vehicle and the Lender agrees to provide the loan secured against the vehicle

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

4. Loan Terms: Details of the loan including principal amount, interest rate, term, payment schedule, and all fees as required by the Truth in Lending Act

5. Grant of Security Interest: Creates and establishes the security interest in the vehicle in favor of the Lender

6. Description of Security: Detailed description of the vehicle serving as security, including make, model, year, color, engine/chassis numbers

7. Borrower's Representations and Warranties: Borrower's confirmations regarding ownership, condition of vehicle, authority to enter agreement, etc.

8. Borrower's Obligations: Obligations including maintenance of vehicle, insurance, restrictions on sale/transfer, permit inspection

9. Insurance Requirements: Specific requirements for vehicle insurance, naming of Lender as loss payee

10. Events of Default: Lists circumstances constituting default, including payment defaults, breach of obligations

11. Enforcement Rights: Lender's rights upon default, including repossession rights and sale procedures

12. General Provisions: Standard clauses including notices, amendments, governing law, jurisdiction

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

1. Guarantor Provisions: Required when there is a guarantor for the loan, including guarantor's obligations and representations

2. Additional Security: Used when additional collateral besides the vehicle is being provided

3. Insurance Premium Financing: Include when the insurance premium is being financed as part of the loan

4. Special Payment Arrangements: Used for non-standard payment arrangements like post-dated checks

5. Vehicle Dealer Provisions: Required when the dealer is party to the agreement or has specific obligations

6. Electronic Payment Authorization: Include when automatic electronic payments are being set up

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

1. Schedule 1 - Vehicle Details: Complete technical specifications and details of the vehicle including registration information

2. Schedule 2 - Payment Schedule: Detailed amortization schedule showing all payments, interest, and principal allocation

3. Schedule 3 - Insurance Requirements: Detailed insurance requirements including types of coverage, minimum amounts

4. Schedule 4 - Fees and Charges: Complete breakdown of all fees and charges as required by Truth in Lending Act

5. Appendix A - Vehicle Inspection Report: Initial condition report of the vehicle at time of agreement

6. Appendix B - Disclosure Statement: Truth in Lending Act disclosures in prescribed format

Authors

Alex Denne

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

Jurisdiction

Philippines

Publisher

Genie AI

Document Type

Finance Agreement

Cost

Free to use
Relevant legal definitions


































Clauses






























Relevant Industries

Financial Services

Automotive

Banking

Insurance

Consumer Finance

Vehicle Leasing

Asset Finance

Retail Banking

Relevant Teams

Legal

Compliance

Credit Risk

Auto Finance

Collections

Operations

Customer Service

Documentation

Underwriting

Sales Support

Contract Administration

Relevant Roles

Credit Officer

Loan Officer

Legal Counsel

Compliance Officer

Risk Manager

Auto Finance Manager

Collections Manager

Relationship Manager

Credit Analyst

Documentation Specialist

Car Sales Manager

Finance and Insurance Manager

Branch Manager

Underwriter

Contract Administrator

Industries







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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