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If you don't reaffirm the debt, then the creditor has the right to repossess the car and sell it at auction to recover the debt owed to them, irregardless of what equity that you've paid. If you wished to keep the car, then you should have demanded that your attorney reaffirm the debt with that particular creditor.

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16y ago

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Equity lender never recorded a deed of trust Do you have to pay back anything?

Yes


How long after a Chapter 7 discharge does a creditor have to take back a car that you did not reaffirm?

There's no rule. It may not be worth it for the lender to repo or take the vehicle. To be safe, you may want to send the lender a letter, certified return receipt, giving a time, date and place to pick the vehicle up. If the lender does not, be sure to keep the letter and green card to prove the lender abandoned it. Then you will want to get the title. You may have to sue the lender for it.


Can you get your car back if you file a chapter 7 bankruptcy before it is auctioned off?

If the lender is willing to reaffirm the loan with the borrower then the vehicle can be returned. A vehicle is a secured debt and is not subject to chapter 7 bankruptcy laws.


How do you get a repossessed vehicle back if the lender does not want to give it to you?

First of all you call the repo company. After that keep trying to call the bank. As long as they don't sell the car you can still get it back by paying the reinstatement amount. * A repossession agent/agency is contracted by the lender, they have no authority to release a vehicle unless the lender orders them to. The lender has no legal obligation to reaffirm the vehicle loan or make any other financial arrangements for the person to recover the vehicle unless state laws allow a time limit for redemption or other applicable remedies.


What are some benefits can be derived from the use of an equity loan calculator?

An equity loan calculator helps determine the actual value of your home compared to the amount of income you receive to determine how much you should take out on it to make affordable payments back to the lender.


When property value is the same as you owe on mortgage can you refinance with two loans include Equity?

When you finance (or refinance) using your house as collateral (aka security) the lender is using the available value of your house to get back the loan(s) if you default. If this happens it will cost the lender money (thousands or even tens of thousands) for the process of getting it back. For this reason a prudent lender will only lend you a percentage of the current sale value of the house. If you already have a mortgage, the difference between your property's value and what you owe on it is your equity in the property, and that is the value on which they will lend. You said in your question that the value and the amount owed are the same; this means that your equity is zero, so you would not expect to get an equity line as well as rewriting the original loan.


Can you explain reverse mortgage?

If you own a home and have some equity in it, you can get a reverse mortgage. You select how you want to be paid and you can get a monthly payment. The lender gets their money back when the house is sold.


What happens to your equity in your house after it has been repossesseded and sold?

You get back whatever was left over from the auction after the lender pays the auction fees, lawyers fees, miscellaneous collection fees, and the outstanding balance of the loan.


How do you get your vehicle back from a creditor after filing bankruptcy papers with the court?

All property in BK that is not exempted by state and/or Federal law has to be surrendered to the trustee. A vehicle is secured property and will be returned to the lender, or sold depending upon the circumstances. A car which is covered by exemptions, but is in default for payment, is usually returned to the lender. In some cases the lender will allow the debtor to reaffirm the loan and establish terms to catch up on missed payments .Property is not automatically returned to the person who filed BK.


What actions are typically taken by a lender if auto insurance is cancelled or expired and how long is the grace period?

Most finance/lease contracts allow the lender to either take the car back or purchase insurance and then charge the customer for it on their loan. The insurance the lender would buy is very expensive. As far as I know, there is not a grace period. Find out what car dealers don't want you to know at www.dealertricks.com


Even if you are current with your car payments should you give back my automobile during chapter 13 bankruptcy?

The simple answer is no. If you are current on your car note, then this is not the issue that lead to the bankruptcy. That you are paying it current may have contributed to your financial situation, but on the surface it is not a reason to surrender the vehicle. Either do not list it or reaffirm it with the lender.


What is an example of an open-ended mortgage loan?

Open-end mortgages permit the borrower to go back to the lender and borrow more money up to a certain limit and if certain conditions have been met. The additional funds are loaned at the interest rate of the original mortgage.A similar type mortgage would be an equity credit line mortgage.Open-end mortgages permit the borrower to go back to the lender and borrow more money up to a certain limit and if certain conditions have been met. The additional funds are loaned at the interest rate of the original mortgage.A similar type mortgage would be an equity credit line mortgage.Open-end mortgages permit the borrower to go back to the lender and borrow more money up to a certain limit and if certain conditions have been met. The additional funds are loaned at the interest rate of the original mortgage.A similar type mortgage would be an equity credit line mortgage.Open-end mortgages permit the borrower to go back to the lender and borrow more money up to a certain limit and if certain conditions have been met. The additional funds are loaned at the interest rate of the original mortgage.A similar type mortgage would be an equity credit line mortgage.