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How long after a repossession can a lender come after you for the money owed still?
When the vehicle is recovered, it is taken to a lot, inventoried, and eventually taken to auction. The amount received at auction is applied to the amount owed, including repo fees and collection fees. In the event the lender obtained a judgment against you for the unpaid balance, they have 10 years from the date the auction proceeds were applied to the loan. If there is no judgment, they have 7 years.
What else can I help you with?
How can you erase a repossession from credit report?
It can not be erased. If it has been paid, it will come off your credit in 7 - 10 years. If you still owe money on it and they report monthly that you owe an amount, it can stay indefinitely. If you owe money, but they are not reporting it monthly to the credit agencies, it i will come off in the 7 - 10 years.
If have a voluntary repossession in the State of California are you still liable to pay off the loan?
In California, yes. In some states, no (i.e., Texas). There is no legal difference for deficiency balance between voluntary and involuntary repossession (it should cost less to just pick your car up than it does to have an involuntary repo, which would save you some money if you are going to pay off the deficiency balance). However, you might be able to come to an agreement with the lender to make reduced payments and keep your account current and your credit good. This is all assuming the lender is not able to sell your car for as much as you owe them. If they sell it for more (including costs of repossession and sale) then by law they must refund the difference to you. If you think about what that would cause IF it was true, you would knnow the answer. Did you read your contract??? If you were a LENDER, would you loan money in a state that didnt allow you to collect the balance owed if the debtor did a Voluntary repo???? That would only serve to drive up the costs to those debtors would DIDNT do a voluntary repo. ??YES.
Can the bank send someone to your house if you have not paid your car note and tell you that you could go to jail?
If you are delinquent on your car note, and the lender has ordered repossession of the car, a repossession agent may come to your home or place of work and demand you surrender the vehicle. If you refuse, or attempt to hide the vehicle, you could, in some states be held criminally liable. The lender could pursue criminal charges against you for hindering their efforts to recover their property. You see, when you contract to make payments on a car, you do not own it, the lender does. You are in essence paying to use the car until the loan is paid in full.
What are the pros and cons of a short sale verses a foreclosure?
Both a foreclosure and a short sale will ruin your credit for many years. With a foreclosure, it's best to file a Chapter 7 bankruptcy to protect you from the lender. The lender has up to 10 years to come after you for the loan deficiency. For example, if you owed $200,00 on a mortgage, and it cost the lender $75,000 to re-sell your property, you could be liable for that $75,000 deficiency. On a short sale, the lender can still come after you, but the amount that is short can be issued to you on a 1099 as a "loan forgiveness" causing you to pay income tax on that money.
Which is better repossession or bankruptcy?
Better is not the best word, but a chapter 7 could wipe out the car debt and your other debt. If you just to the repo - they can still come after you for the 4500 dollar difference if they sell it for only 4k (most likely it will be sold for 2k or so) which would make the debt higher. Both will hurt your credit so if you are going to take the hit, I recommend you get rid of all of the debt and have some money to pay for things you need. Of course going bankrupt takes money too! Bankruptcy means that you will lose your home, as does repossession. The only way to stop either is to start repaying your debts and there are many financial solutions companies out there which could help. If you have mortgage arrears then speak to your mortgage lender ASAP, you may be able to come up with a repayment plan to repay your mortgage arrears along with your future mortgage payments. It is always important that you take action sooner rather than later so that your bankruptcy or repossession can be stopped.
Is a lease repossession the same as a purchase repossession?
About the same. Don't make your payments and they will come get it. Then you still owe the difference as stated on the contract.
What happens after home repossession?
The lender usually puts the property up for auction. They sell for far less than their Market value, usually, and the lender can still come after you if the balance of the loan isn't fully paid off, together with all their charges. Talk it through with a financial advisor; it really is the very last option.
If you call your motorcycle lender and tell them to come and take the motorcycle because you can't afford it anymore will that go on your credit as a repossession?
The same thing. A repo is a repo. Your breaking the contract.
Can you negotiate a car pay off?
Sometimes yes. In some situations, such as default on a loan, the lender will take into consideration that something is better than nothing or less than the settlement amount. In cases where the vehicle is or soon will be up for repossession, the lender may feel it is better to settle for a lesser amount, than to go through the trouble to send the account for repossession, and conversion of the collateral, as well as attempting to secure the additional fees that come with and follow repossession actions.
Is there any advantage to voluntary repossession as opposed to not making payments and letting the finance company come get the car?
MONEY, any additional money the lender spends to get the car back will be charged to the acct. Any late fees,att. fees, ect. will be the same. IF you can find a buyer yourself, you will save TONS of money. You can sell it for much more than it will bring at auction.
Can you just give your vehicle back to the lender if you can no longer afford payments and are totally upside down on the loan?
Yes, it is called a voluntary repossession. It is not much different then when they would come take it except you will save on the costs associated with a normal repossession. You will still owe the difference between your loan balance and what they dispose of the car for, so you are much better off trying to sell it privately if you can.
How can you erase a repossession from credit report?
It can not be erased. If it has been paid, it will come off your credit in 7 - 10 years. If you still owe money on it and they report monthly that you owe an amount, it can stay indefinitely. If you owe money, but they are not reporting it monthly to the credit agencies, it i will come off in the 7 - 10 years.
Is it against the law to repo someones car if there barely a day late?
This might help you to visualize this better.Let's say the car payment was due on the 10th of the month. At midnight, you still have not made that payment, and at 12:01 am on the 11th, the repossession agent hooks up to your car in your driveway and drives away. No, it is not against the law, PROVIDED:The lender has contracted the agent to recover the vehicle.The lender has provided a legal order of repossession.And, the repossession agent has followed the repossession and collection laws of the US and the state.It is not likely that this would occur though. The logistics of the situation take time. This is part of the reason most lenders have a five to ten day grace period.The more likely scenario is that the payment was due on the 10th, was not paid, the five day grace has come, and the payment has not been made. During the five days since the 10th, the lender has contacted the repossession agency, has sent them an order for repossession (electronically), the account has been entered into the repossession agencies system, the account has been assigned to an agent, and at 12:01 am on the 16th, the repossession agent secured the car in your driveway and affected recovery.Your car being repossessed is not the fault of the lender or the repossession agency in most cases. In the majority of cases it is the fault of the borrower, either from personal failure or unforeseen circumstance.
If have a voluntary repossession in the State of California are you still liable to pay off the loan?
In California, yes. In some states, no (i.e., Texas). There is no legal difference for deficiency balance between voluntary and involuntary repossession (it should cost less to just pick your car up than it does to have an involuntary repo, which would save you some money if you are going to pay off the deficiency balance). However, you might be able to come to an agreement with the lender to make reduced payments and keep your account current and your credit good. This is all assuming the lender is not able to sell your car for as much as you owe them. If they sell it for more (including costs of repossession and sale) then by law they must refund the difference to you. If you think about what that would cause IF it was true, you would knnow the answer. Did you read your contract??? If you were a LENDER, would you loan money in a state that didnt allow you to collect the balance owed if the debtor did a Voluntary repo???? That would only serve to drive up the costs to those debtors would DIDNT do a voluntary repo. ??YES.
Do you have to bring your car back to the dealer for repossession or do they pick it up?
You DO NOT have to take it back, but it will save you some money if you do. They will come pick it up if you tell them to.
Approximately how long after your car is repossessed do they come after you for the deficiency?
As soon as the lender sells the car, they will know what the balance due is. Then they will come after the money. You will know when that happens.
Can creditors come after you when you voluntarily had a repossession?
Yes.
