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The lender has to get the STAY lifted before they can repo.

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โˆ™ 2015-07-14 16:08:37
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Q: Can a lender still repossess your car after a lawyer told you to tell them that you were claiming bankruptcy?
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If you are filing bankruptcy and your car is damaged and the lender will not repossess it what should you do with it?

Notify the LENDER by cert mail that they have 10 days to remove the car or you will have it towed by a wrecker company. IF they dont p/u the car, call a wrecker co. to come get it.


Can a sheriff repossess your car for your lender?

Well to put it simply..... YES


If you are threatened with a repossession can you pay the balance before they repossess the car?

IF the lender accepts it you can.


If loan is not reaffirmed on a mortgage is the property still mine payments are made on time?

as long as you keep making payments the lender will probably not repossess the property. however, if you miss one payment the lender can repossess the property at any time.


Do you have to declare bankruptcy if you default on your mortgage?

No. If you default on your mortgage the lender will take possession of the property by foreclosure. Whether you file bankruptcy is an unrelated issue.No. If you default on your mortgage the lender will take possession of the property by foreclosure. Whether you file bankruptcy is an unrelated issue.No. If you default on your mortgage the lender will take possession of the property by foreclosure. Whether you file bankruptcy is an unrelated issue.No. If you default on your mortgage the lender will take possession of the property by foreclosure. Whether you file bankruptcy is an unrelated issue.


If a lender is already in bankruptcy can they still file a deficiency judgment against you in the state of Florida?

Unclear whether the deficiency would be filed by the lender or by the trustee of the bankruptcy estate.


House was repossess can you still get a mortgage?

it is quite unlikely that you will be able to get a mortgage lender with that history.


Can a lender repossess a car if you do not pay down payment?

Yes, you made a financial pbligation by signing the documents for the sale of this car. So, they can legally repossess that vehicle.


Can you keep your car if you file for bankruptcy in Missouri?

You may keep your car in any state where you file bankruptcy, provided you reaffirm with the lender, or you exclude the vehicle debt from the bankruptcy. This of course is also dependent upon remaining current on the loan payments also. You should really discuss this matter with your BK Lawyer.


Can you get a remodify mortgage after bankruptcy?

If the lender agrees, of course you can remodify, but you cannot force the lender to modify the terms.


What can you do with a lender when you can't pay for the car anymore?

You can contact them and sometimes you can work out a deal with them. If not, you can allow them to repossess the car. Contact the lender and they will tell you where to take the car.


When do you have to be out of a house after bankruptcy?

Assuming you owned the house and you are the bankrupt debtor, it varies from state to state and lender to lender. If you surrendered the house, you should turn the keys over to the lender's attorney. Even if you do that, you may find yourself still getting the real estate tax bills, water and sewer bills, etc. If the lender or someone else has not purchased the house at auction, you may be able to stay for quite a while. Talk to your bankruptcy lawyer about it.


Can you keep your house if bankruptcy is dismissed for non-payment?

That decision is made by the lender not the bankruptcy court.


Can mobile home lender sue if you are under bankruptcy?

I don't believe anybody can sue if you are under bankruptcy.


You are currently in a bankruptcy however they repoed your car anyway What can you do?

It depends. If the repo was after you filed, and the lender did not obtain relief from stay to repo, you file a motion to hold the lender and the repo entity in contempt of the automatic stay, and ask for an order that the lender return the vehicle. If the lender did get relief from stay, you cannot do anything. If you are representing yourself, as the saying goes, you have a fool for a client. If you have a lawyer, why aren't you asking him/her?


If you filed Chapter 7 bankruptcy on a repossession balance and the bank never came to repossess the car and the debt was discharged can you get the title?

Unless a secured lender has received a "lift of stay" on a debt included in bankruptcy, they must wait until the BK has been discharged before they can repossess or begin legal procedures to retrieve a vehicle. A vehicle is considered a secured debt and is not dischargeable in a chapter 7. The borrower/debtor should contact the BK trustee and/or the lender to clear up the matter or he or she may face complicated litigation in the future. The title will still show a lien holder and the DMV will not issue a duplicate one until the lender signs the vehicle over to the borrower.


Your car was seized on a judgment now your lender wants to repossess it from the sheriff and give it back to me can that happen?

No.


How long does a lender have to repossess?

I am 3 months behind on my mortgage? How long until they repo my home?


Do you have to pay full amount owed on repossess mobile home?

You can go to the lender and work out a deal.


Does the lender have to send you a letter to notify you that his repossess your car in G.A.?

yes because they have to notify the owner


What do you do if you stopped making payments on a car loan after filing chapter 7 bankruptcy and the creditor has refused to repossess the vehicle but will not release the lien?

A vehicle is a secured loan and cannot be discharged in bankruptcy. If a reaffirmation agreement between the lender and the borrower is not possible the vehicle is usually repossessed. However, the lender does not have a legal obligation to recover the vehicle. The lien will not be released until the loan is paid or settled to the satisfaction of the lender. Under new bankruptcy laws, the lender is entitled to collect the full amount of the loan plus any applicable legal fees and interest. This generally means that the lender will file a lawsuit to obtain a judgment which can be used as a wage garnishment, bank account levy or other method as allowed by the state laws to collect money owed.


Can a car dealership repo your car if you already have a lender for the vehicle?

The DEALERSHIP won't repossess the car, but the lender might if you don't make the monthly payments as scheduled.


What happens if you cosign a car loan and the other party then files bankruptcy but secures the loan and will it be on the cosigners credit report or effect it?

The car lender would repossess the vehicle and sell it off, if there is a remaining deficiency, then the lender can go after the co-signer to be paid (so yes it would negatively effect the co-signer's credit rating)


How long do they have to reposes your vehicle when you file for bankruptcy?

If your Statement of Intention (in a chapter 7) says you intend to surrender the vehicle, you should offer the keys or the vehicle with the keys to the lender or tell the lender when and where to pick the vehicle up. You may want to send a certified return receipt letter to the lender with this same information. Your state laws may give the creditor a definite period of time to respond or the claim will be deemed abandoned. Consult your bankruptcy lawyer.


Is it illegal to repossess a vehicle in Texas?

No, not if the contract is in default. The lender/lienholder may repossess the vehicle under UCC laws as long as it can be accomplished without a breach of peace committed