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Should we include vehicle registration fees in the finance charge calculation? – IBA Compliance Connection

Should we include vehicle registration fees in the finance charge calculation?

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We agree that a fee paid to the Secretary of State for securing your lien on a vehicle’s certificate of title would not be considered a finance charge. The Illinois Vehicle Code provides that the exclusive method of perfecting a lien in a vehicle, by “delivery to the Secretary of State of the existing certificate of title, if any, an application for a certificate of title containing the name and address of the lienholder and the required fee.” 625 ILCS 5/3-202(b). Because the fee is prescribed by law and is necessary to perfect your lien, we think it is excludable.