YES, its an accounting thing. READ your contract.
In the state of Ohio, your car may be repossessed if you miss one payment. Your car may be taken any time of the day or night by the repossession company. The repossession company is not allowed to keep any items that you may have left in the car. The company must inform you as to what they are going to do with the car, including selling it, putting it in a car auction, or keeping it.
If you pay by cheque, yes he can make you wait until your payment "Clears"Every State and Provence has the repossession rules posted on the net, check yours carefully, it is likely he is actually selling your car and keeping the extra to cover the shortage on the note. And that might be fraud.
In Hawaii, creditors can repossess vehicles without court order if the borrower defaults on the loan. However, they must do so without breaching the peace. Borrowers have the right to cure the default before the repossession occurs. Creditors must provide notice before selling the repossessed vehicle.
Yes. The car will be sold at a public auction and the borrowers will be responsible for any difference between the selling price and the loan balance plus the allowable repossession and other fees. The lender is legally required to make a reasonable attempt to get the fair market value of the vehicle, unfortunately this does not always happen and that sometimes leaves the borrowers with a substantial amount of debt to repay.
So here is an example of what can happen when a creditor repossess an item. "If an item such as a car or furniture is repossessed, the creditor can then sell it. The money from selling the item is applied toward the money you owe. The creditor can still try to get any money you owe after the sale of the item. The terms of your contract might even add charges for the costs of repossession and sale."
Peggy, the lender got a judgment against you for the Unpaid Balance after selling the car. That judgment becomes a sellable item. Agencys and attorneys and LARGE companys BUY the judgments before SOL runs out and tries to collect.However, some agencys try to collect even when its no longer possible. Verify that they are legit before you make any payment arrangemnets with them.
That is a voluntary repossession...not a good idea in the long run. The bank will wholesale the vehicle at an auto auction, apply the proceeds (less selling expenses) to the loan and you still owe the balance. Plus it goes on your credit report. If the car has a retail value in excess of the loan balance, you will be far better off selling the car yourself and paying off the loan. You still have no car...but no car payments and no bad credit report. Even if the car is worth slightly less than the loan balance, you'd come out thousands ahead if you sell it and find the rest of the money to pay off the loan.
Repossession of any chattel (boats, cars, anything) will adversely affect your credit, so you may not be able to establish new credit for a few years. If you promised to pay for something, and you didn't, the general answer is that the agrieved party (lender in your case) can sue to recover the amount you owe, less the amount they recover by selling the repossessed property, plus interest, fees, attorneys fees and court costs.
Are you considering selling your house quickly for a cash payment?
One consideration would be that cancellation of a debt becomes income, and is taxable. But a repo isn't a cancellation of debt, it is a payment by selling the asset. However, as you can find in many discussions here, if your repossessed and the sale of the property does not return enough funds to fully satisfy the debt, the deficiency is normally not forgiven. Instead you remain owing that amount and the lender will presumably continue to try and collect it. Hence, the sale as an exchange of value isn't a cancellation of debt, and there likely isn't any even if there is a deficiency. No tax consequence.
To accept payment when selling a car, you can use methods like cash, cashier's check, or a bank transfer. Be cautious of personal checks and ensure the payment is secure before transferring ownership of the car.
Depends. Are you receiving the car or are you selling the car.Repossession = againRepossession = ownershipRepossession = gaining ownership again