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IF a car is repossessed in NY is it right for the lender to ask to pay off the whole balance and not just the payments past due?

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2015-07-15 19:36:11
2015-07-15 19:36:11

READ your contract. Find the part that deals with "DEFAULT". Most contracts have a clause called "right to accelerate the balance due". It is usually sooo general in nature that if the lender gets heartburn from eating tacos, it gives the lender the option of calling the entire note due at once.

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Technically you breached the contract with the lender if you did not make payments in 6 months. They actually have the right to NOT accept further payments from you. So yes, it can still be repossessed.

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The lender has the right to receive all the payments. A co-buyer has no rights TO the payments.The co-buyer is equally responsible for making the payments.The lender has the right to receive all the payments. A co-buyer has no rights TO the payments.The co-buyer is equally responsible for making the payments.The lender has the right to receive all the payments. A co-buyer has no rights TO the payments.The co-buyer is equally responsible for making the payments.The lender has the right to receive all the payments. A co-buyer has no rights TO the payments.The co-buyer is equally responsible for making the payments.

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* You have the right to possess any vehicle you do make payments on or have paid for. * You have the right to retain possession of said vehicle provided you continue to make contracted payments toward the unpaid balance of the principle. * You have the right to have your vehicle repossessed if you fall delinquent on your vehicle payments to the contracted lender. * If your vehicle is repossessed, you have the right to recover any actual private property that was in the vehicle at the time of repossession. * You have the right to pay fees for recovering your property that was in the vehicle at the time of repossession. * You have the right to pay all unpaid balances and fees accrued as a result of the repossession process. That's about sums it up. I confess I did substitute "right" for "responsibility" in several places.

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As you likely know by now, the lender has the right to accelerate the balance due when the car is repoed. Usually this is upon the 2nd repo or after X number of times in DEFAULT (late payments). It is at the lenders option. Read your contract again. It should be found where it says DEFAULT.

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If you have no lien on your vehicle then no one has a legal right to repossess it. If you're not behind on the payments there would be no reason for the lender to reprocess the car in the first place. It is hard to believe you have a loan on a car without a lien. The car stands behind the loan. If there's no lien on the vehicle then the car is not involved in the loan and cannot be repossessed.


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