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Repossession

Seizure of property bought on credit for which loan payments are not being received. Please note that when asking a car repossession question, it is often useful to include the state that you live in. This will enable people to give you better answers.

11,694 Questions

What happens to your car loan if you die?

The estate has to resolve the loan, either through selling the car or returning it to the lender.

What insurance do you need to be a repossession agent?

Well you will never get any work if you are not insured, at least do not hold out for ford triad or anybody else , you might get title loan company's but almost all of them require their recovery agents to be insured. but there are no licensing requirements. police departments must be notified after the repossession and some require to notify them before hand

What process do you use to repo a car from your sister?

if i moved to another state say Georgia or am going there can

the bank find my car to reposess it>?

How does a house repossession effect your credit?

In the UK if your house is repossessed it will stay visible on your credit file for 6 years. It would be very difficult to obtain credit with this on your file. It is possible to obtain another mortgage but this would be from a specific lender and your monthly repayments would be considerably higher. If you have mortgage arrears or in the process of having your property repossessed this can be stopped. If you type in your address bar "stop repossessions" you should be able to find help.

What happens if someone backs into you in a parking lot?

It depends - was it hit and run ? Were both cars backing or one parked and one backed into it? If the other party is no where to be found, typically your Collision coverage ( if you have this coverage) will pay after you pay the deductible. It may also increase your future rates (and /or loss of discounts for being accident free) - so use some logic if it over $1,000 to repair.

You filed chapter 7 today got a case number could your car still be repo?

If you notified the lender, no. Be sure to fax proof of the bankruptcy to the lender.

You also need to let them know approximately when you will be notifiying them as to what you plan to do.. reafirm the balance ( continue to pay) or give up the car.

Good luck!

Can a car be reposessed with out notice even if you have a cosigner?

If you believe neither of you have received notice, then request proof from the lender. This doen't mean that just because neither of you signed for the notice that you can say it wasn't received. If they can show that it was mailed and returned...it was enough. They tried.

Have you talked with the cosigner, because this will be on both of your credit reports. If they don't have any proof.. get an attorney.

Good luck

Can a lender garnish my wages in the state of nc after vol repossesion can the lender place a lien on my house?

In North Carolina, a lender can pursue wage garnishment if they obtain a judgment against you for unpaid debts, but this typically requires a legal process. After a voluntary repossession, the lender may also pursue a deficiency judgment if the sale of the repossessed asset does not cover the remaining debt. Additionally, a lender can place a lien on your house if they secure a judgment against you. It's advisable to consult with a legal professional for guidance specific to your situation.

What should you do if you are the primary on your car loan but the cosigner has been paying and you cannot afford the payments any longer?

Sign off your interest in the vehicle to the primary, letting him/her have the right to sell or drive the vehicle. Either way, the primary needs to have control of the property that he/she is paying for.

Can a bank repossess a car if it is used in a crime?

I know the police can confiscate vehicles used in crimes. And if there is a clause in the loan agreement saying they can foreclose if the vehicle is used for criminal activity, I'm sure they can, but am not sure what constitutes proof, or if they even have such clauses.

How does a voluntary repossession on a mobile home work?

My experience at this point has not been pleasant. Texas has very few mobile home laws for consumers, the ones just implemented are for current status accounts basically. I did a voluntary repo in 2005 on an Oakwood home bought out by Vanderbilt. The mobile home was wrecked during delivery, Oakwood agreed to fix it but then filed bankrupcy. repairs were never made and Vanderbilt refused to pay for repairs. After fighting Vanderblt for over 2 years, spending money on a bunk lawyer and finding out that I got screwed, I let it go. Now Vanderbilt sold the home for 2 thoudand dollars and wants me to pay the difference of 22 thousand dollars. I filed complaints with all the state of Texas agencies that would listen. Needless to say I'm still fighting them, they sent my account to a collection agency out of Houston called Synergetic. Synergetic is a joke in it's self, their reps are oh so rude. Anyways save you'r self the trouble now. If the lender is in fault of anything to do with the mobile home sue them now before repo, because trust me they will have no problem comming after you first. I learned a valuable lesson at a young age, NEVER EVER BY A MOBILE HOME FOR MORE THEN IT WILL BE WORTH IN A TWO YEAR PERIOD!! Which pretty much includes all mobile homes period.

Who would pay for damage to your home that was caused by a friend's car catching fire in your driveway?

Turn it in to your homeowners insurance and have them work out the details. Most likely they'll go after the friends insurance, but that's their job. Let them figure it out. It's your house, so your insurance should pay for damage caused by an unforeseeable accident. If someone caused the fire, or permitted it to spread to your house through negligence or reckless conduct, then the insurance company can attempt to sue that person for reimbursement.

If you have two car loans and you can only afford one is it possible to just trade them both in for a newer car if you owe 7000 on one and 14000 on the other one?

One potential problem with this plan is that you may still owe more on the cars than they're actually worth.

The standard "price guide" for cars is the Kelley Blue Book, and there are several versions. In general the most you can reasonably expect to get for the cars if you trade them in is the "wholesale" price, which is what they're worth to a dealer (the amount they'd expect to pay for them at auction or from another dealer). This is likely to be less than the amount remaining on the loan; it may be significantly less than the amount remaining on the loan.

It may be worth trying anyway. There's a lot of mark-up in aftermarket accessories, so if the dealer is soaking you on pinstriping or rustproofing, they can afford to give you a bit more than wholesale on your trade-ins and still make a nice profit.

If even after this you're still "underwater" on your existing loans, it MAY work anyway; you can "roll over" a certain amount of debt from your previous vehicles onto the new one. This might not help a lot on the "can't afford two loans" front, because, well, consider the following example.

You bought both your existing cars for $20,000 each. You still owe 7k on one and 14k on the other. They're worth respectively 5k and 10k as trade-ins, with the dealer being as generous as he feels like being. This means you've got 6k in debt that's not going to be covered by the trade in.

A lender might be willing to allow you to roll over 20% of the new loan, meaning to cover your 6k you're going to need to buy a $30,000 vehicle, but the loan is going to be for $36,000. That's not a LOT less than the combined total of the two $20,000 loans you had, so the payment for the one loan is not going to be much less than the payments on the two $20,000 loans.

It's possible your situation is different, and this might actually work out for you, especially if you got crummy terms on the first loans and you can do better now (maybe your credit score has improved a lot, or something). It would certainly be worth at least talking to a dealer to see if it's a viable option. One thing that could help would be if there are rebates on the new car ... you could use those to immediately cover at least part of what you still owe on the old cars, meaning you'd be financing less and lowering your payment.

Can you avoid having a vehicle repossessed if you pay the amount that is due in full and keep future payments current?

Yes. If your balance and payments are current no repossession can occur. However, the amount due is generally not just the amount of payment multiplied by the number missed. The amount due would likely have late fees, interest charges and possibly other costs incurred too. That would be completely up to the lender. Once a contract is defaulted the lender has no legal obligation to agree to other terms and may repossess the vehicle and/or take any other action allowed by the laws of the borrower's state to recover the debt.

Can a collection agency that a lien company hired take you to court for not paying off a repossessed car?

If the reposssesion did not net enough funds to pay off the total amount of your debt (which would have increased by the costs of the repossesion, penalties, interest, etc), then the loan (your obligation) was not cleared by the repossession. Presumably the agency owns the right to collect that and they can use any legal method to do so. Court would seemingly be one.

Can a leased car be used as collateral?

Not really. There is no residual value assigned to the leasee, so there is nothing to foreclose on. At the end of the lease you have nothing.

How many points will you drop for a reported car repossession?

There is no set amount of points that are attached to repossession of a car. Depending on your credit score and payment history, the information could be viewed differently by various lending entities. However, remember that the more items of this nature on your report, the lower your score and the more you will pay for loans.

Can wages be garnished by more than one judgment creditor at the same time in Oklahoma?

No, wage garnishment by a judgment creditor must run consecutively not concurrently. Garnishment/automatic deduction of court ordered child support is not considered a 'true garnishment', that being the case a child support deduction and creditor garnishment can be active at the same time.

Do you still owe a debt if the creditor refuses to accept payment for the full amount owed?

First, presuming there is an early prepayment clause that allows one to pay the total for the total balance, and not one that requires the payments to be made for the entire term of the contract. (Many loans require they be paid all the way through, effectively assuring the lender of the expected interest rate/return he wanted for the entire term of the investment). While I would think that absent something (and it better be in writting) that the payment is being refused because the lender forgives it, until it is paid -- it is owed. But there must be more here...lender/creditors generally have no motivation to refuse payment (unless part of the no early payment arrangement)...very much the opposite! --------------------------------------------------------------------------------------- Added by Danika37075 This is the full story. I took a quick loan out with a check in the Nashville, TN area. This had been going on for a little while, each week trying to get the amount reduced by paying a little extra. A couple of months ago, I was in the hospital and didn't pay the loan. I received a letter stating that I had until the 25th to pay the entire "loan" off. On the 25th I called to make sure that they were opened and the manager was there. When I told her that I had all the money and was about to come in and pay the entire check off, I was told it was too late. That she had already sent it to their lawyers and refused to accept my money. When I said that the letter stated I had until that day to pay it, she had forgotten which date she put and apologized, but still said it was too late. Now they are taking me to court for the money plus court cost. I thought that if you tried to pay a debt and they refused your money, that you then didn't owe the money. Am I wrong? What recourse do I have now? Thanks Danika

How much of a car repossession is taxable?

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.

Who has control of company vehicles with a cosigner?

Control in what sense? Sell them, transfer title? The cosigner guarantee's the loan on the vehicles and would need to agree to selling them and sign the title. You can use them for any purpose, do anything with them including burning them. You will still be responsible for the loan and if not you the cosigner will have to pay the loan off.

If a guy tried to sell you a car but when you looked up the VIN it showed up as repossessed can you buy the car from the repo people if you tell them where it is or will they not sell it to you?

No. The Car Doesn`t Belong To The Repo Man. That's His Job, To Get It Back To The Loan Company. Bank, Ect. If You Can Find Who Holds The Note On The Car You May Work Out A Deal With Them. Myself I Suggest You Stay Away From This. It Could Be More Than Reposessed. Best To You

AnswerThis is a tough one because if you turn the guy in and the guy figures it was you, you could get more than you bargained for. Then again you could get a deal if you tell where the car is to the repo people, maybe even a reward, but it would benenfit you to know exactly how much is owed on the car so that the repo/car lot people don't try to sock you for the full amount instead of what is owed. They will sell it to you either way.

What can happen if there is a judgment against you and you cannot pay?

A judgment creditor can execute the judgment in whatever methods are allowed under the laws of the state in which the judgment debtor resides. The preferred method is by wage garnishment. Other possible methods are, levy of bank accounts (including those that are joint) seizure and liquidation of non exempt property belonging to the debtor and a lien against real property or the portion of such that is owned by the debtor.