Repossession
Contract Law

How can you find original contract information on a repossessed lease vehicle in Texas that has been re-leased to a different party?

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2015-07-15 18:40:20
2015-07-15 18:40:20

One could contact CARFAX.

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Vehicles cannot legally be "repossessed" due to a lack of insurance. Re-possession can occur only when there is a default in the payment contract and the original owner (the lender) recovers their property from the defaulter.

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It is not outside the realm of possibility; however, it would need to be a provision in the original sales contract. Since all of the US states require insurance of some sort on all vehicles, it is possible that a lender has written this in to the contract. It would protect their collateral in the event insurance lapsed.

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Edit: They should replace it. Original: you win.

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Maybe, if you have the original, but, it is ultimately up to the bank.

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The latest date, as you are effectively agree to changes to the original document

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As soon as you are out of compliance with the original contract, the bank is allowed to protect their interest in accordance with the original agreement. If that means repo and sell the car and that's in accordance with the original agreement, they are no doubt obeying the law. Many banks will work with you, but nothing requires that they do so. In a few US states an letter of "Right To Cure" must be sent to the borrower before repossession can occur, in the majority of states a vehicle can be repossessed under UCC laws. Wisconsin is the only state that requires a replevin order.

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I wanted to add to my original question...Our car was repossessed by the finance company because they said they found out someone else was using the car because of car payments being sent from a different address. AND, they stated that they wanted to see the condition of the car. I thought a car would only be repossessed if you were late on payments? I have never heard of this, so I don't know what is going on.

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You are still responsible for the balance of the contract, in addition to repossession, collection, and legal fees. Added to this can be transportation costs, storage costs, auction fees. The car should be sold and the sale amount deducted from your contract balance. What ever is left is called a deficiency balance and your are still liable for it. Keep in mind that most repossessed vehicles are sold at a substantial loss (much less than for what is owed) and the additional fees can result in a higher balance than the original payout on the vehicle.

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IF you knew the original lease date, you might be able to backtrack thru the UCC listings in TX. OR you may be able to track the VIN in the same place.

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Put in an escape clause. If the other party proposes a counter-offer, then you can void the original contract.

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Sorry but yes they can. In the original contract there was a clause about what actions could be taken if you defaulted on the agreement and one of those actions is that the account could be turned over to a collection agency. So, even though you didn't directly enter into a contract with the collection agency you agreed to abide by the contract and the collection agency now legally owns the contract. It works the same way as when you purchase a house. At some point the original lender on a house may sell the contract and you will be paying a different lender.

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If you have both signed the contract and it is legally valid, then NO, the seller cannot change the terms of the contract or unilaterally void the contract (unless the contract states that the seller is allowed to do this). If you are in doubt, you need to talk to a lawyer ASAP.

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Yes. The co-signer should insist on having an original copy of the contract, and any other documents they signed, since they are a party to the contract and the provisions are legally binding on the co-signer.Yes. The co-signer should insist on having an original copy of the contract, and any other documents they signed, since they are a party to the contract and the provisions are legally binding on the co-signer.Yes. The co-signer should insist on having an original copy of the contract, and any other documents they signed, since they are a party to the contract and the provisions are legally binding on the co-signer.Yes. The co-signer should insist on having an original copy of the contract, and any other documents they signed, since they are a party to the contract and the provisions are legally binding on the co-signer.


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