Repossession

Chad, read your contract where it deals with DEFAULT and what makes you in default. Seems that for some reason, the lender did NOT believe the wire transfer was gonna make it. So to be sure they had something, they repoed. have you done anything to make them doubt that you would do whatever you tell them?? Good Luck

South Dakota TITLE STATE: Yes SECURITY INTERESTS: Shown on title held by debtor. LICENSE REGISTRATION: South Dakota Motor Vehicles, 118 W. Capital Avenue, Pierre, South Dakota 57501-2080. Tel.:(605)773-3541. RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. PLATES: Remain with the vehicle. PP??? YES, call the LENDER to arrange this. on your property??? yes ex??? you cooked it, you eat it.LOL

Oregon TITLE STATE: Yes SECURITY INTERESTS: Shown on title held by lien holder. LICENSE REGISTRATION: Oregon Motor Vehicle Division, 1905 Lana Ave. N.E., Salem, Oregon 97314. Tel.:(503)945-5310. RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. DOCUMENTS REQUIRED FOR LIQUIDATION: Out of State Titles or Repossession certificates are required. Oregon titles require a repossession certificate. To Transfer title to a repossessed vehicle, the documents needed are: (1) The Original Title Endorsed by the lien holder; (2) Notarized Affidavit of Repossession; (3) A copy of the final demand letter with its certified mail receipt attached. PLATES: Remain with the vehicle. (Custom plates remain with the debtor.) James,NO BREACH OF PEACE. NONE. NADA. Do you have a key? Do you know where it is? 2+2= GONE where 2+number of people(1 to drop you off at the car and you to be gone) and 2= AM in the morning(whilst the guilty sleep) and GONE= before they know you WERE there.

YES

Keri, I suggest you think long and hard before you let it go back. The results are not nice at all on your credit rating. Read your contract where it mentions "deficency balance". Chances are that you will be responsible for any amount owed after the car is sold. If the payments are toooo high, ask the lender if they will lower the interst rate. If you have lost income but expect to regain it, ask the lender to defer a payment to the end of the loan. If you cant do anything else, try to sell the car yourself. You will get more for it than the lender will at auction.

I totally agree with the above answer. Repossession should be the absolute last resort. A repossession is a repossession. The only difference in voluntary and non voluntary is that you will not have to pay the repossession fees. This will stay on your credit report for 7 years and will cost you dearly. Sit down with the creditor and work this out. Like the above answer sell the car yourself or see if you can get someone to take over the payments. Do not allow the car to be repossessed. This may seem like the easy way out, but in the end it is the hard way out.

Jason, you are just as responsible as the signor. Think about it, you knew the signor's credit wasnt good or you wouldn't have needed to co-sign. When you co-sign, you are saying "if they don't pay this loan,I WILL". Make sure the lender knows where the the whereabouts of the signor and how to get in contact with them. good luck

First, State Laws on this issue may widely differ. You would do well to check with an Attorney of Law or even the Attorney General's Office in your State.

Second, many state laws state you can be charged criminally for Hindering Secured Creditors. For instance Google TX Penal Code 32.33 or RCW 9A.56.096. This and below are examples of how many states have similar laws, but it is nearly impossible to get the charges filed against the debtor.

Third, NO, a repossesser cannot LEGALLY break into your locked property. Check the Fair Debt Act and you will find out that you cannot threaten anyone with arrest! Unless there is a court order that only a law enforcement officer can serve, the tow driver can't do a darn thing. You can call the police and have the tow guy removed from your property. Without a court order, the police cannot force you to turn the vehicle over because it is a civil matter. The police can only keep the peace. This is only when there is NO court order. You can keep the car locked up all you want if you want to catch up the payments. Until the lender gets that court order, no one can remove a vehicle from a secured/locked building, or tell you that you can be arrested if you don't turn the car over.

Fourth, HOWEVER, owing a lender money is a civil matter. But a repossesser is enforcing a security interest and when a debtor refuses to surrender collateral (at least in Va) the debtor has crossed the line, changing a civil matter into a criminal matter, and the debtor can be arrested if the lien holder pursues it (that's a big IF in most cases). So telling a debtor they COULD be charged with a felony is true ref: vacode 18.2-115.

If the repo man can prove that you are keeping the unit locked in the garage to keep him from getting it, that can be the as the same if you were hiding it at your friend's house. In Colorado, it is a class five felony for concealment of mortgaged property. I have told debtors that sometimes and it works, but I only say that they CAN be charged if the repossessing client wants to do it that way. We actually had one case that was pending against a debtor for concealment, but the client dropped the case because the debtor made her payments up the next time the repossession came up. We refused to waste our time with it until there was a court order.

Fifth, what are you going to do when the sheriff comes to get the car? In the meantime, are you going to let the car stay in the garage because you are sure the repoman will nab it if you take it to the store, etc? Seems silly to keep a car you can't drive and you haven't paid the payments. Anyway, the longer you assert your "rights" the MORE the fees add up and the more you will pay in the long run. you can rent a car cheaper than you can hide it in your garage.

call the LENDER and get it straight. If you are current, they need to CLOSE the acct. with the repo co.

Joe, lets say you owe me $1000.00. I have a legal contract stating that you owe me 1K. That contract can be sold to anyone who will buy it. If I decide to sell it to Sam for $500.00, I can do that and show a charge off of $500.00 that I "lost" on the sale. Sam however, intends to collect $1000.00 from you because he has a contract you signed agreeing to pay $1000.00 to whoever holds the contract. If you pay Sam the 1K then the contract will be worthless because its paid in full and you have reciepts showing you paid it. If you don't pay Sam, then Sam will get a judgment for however much you didnt pay plus any fees he can add on. Then the fun begins. Good Luck

Brent, who held a gun on you and made you sign the loan papers?? You got ripped off by your own self. Anyway, if you let it go back, the lender will sell it at auction for MUCH less than you owe. Example; u o 10K,car sells for 3K, balance due 7K. The lender will get a judgment for the balance due and then the collection fun begins. IF there is any way possible, sell the car for all you can get, borrow money to go with it and pay it off. That will leave you with a smaller note to pay and no collection hassles. Good Luck

BTW, your credit will also be ruined for 7 years.

You will probably never know the truth. looks like you "assumed" the notes from the owner and NOT the lender. Chances are that the owner was behind on the notes and that's why it was repoed.

Melanie, ANYTHING that has to do with how you pay your bills will affect your credit. Anything good will help and anything bad will hurt. A repo is on the BAD side and a settlemnt is usually on the good side. How the creditor reports it to the CRA will affect how good or bad it looks. The method of reporting is a possible negotiating point. a settlement is like anyother "deal", the more time and effort you put into it, the better the results. Good Luck

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.

No. Only the lender can "repossess" a vehicle. You need to keep making the payments to protect your own credit. It is likely you would need to bring a court action, prove you are making the payments and petition the court to order a transfer of title.

check the SOL in your state. Usually 7-10 yrs. but the judgments get renewed so it goes on and on like an Energizer bunny...

Nan, why not ask your B/K attorney?? S/he is more familiar with your case than anyone else. The fact that you "thought" you reaffirmed indicates a possibility that you didnt.

nan, it depends on what you and the LENDER agree on. You agreed to pay them so much a month before and didnt manage to do it, sooo they will be tougher the next time around.

I got a different loan to pay off the first loan, the interest was a little higher, but I figured I would still owe the first lender the difference of what the car was sold at at action. (Car was worth 16k, they would prob auction for 10-12k.) I would be held liable for the differnce. I would still be out a few thousand dollars, but at least this way I would have a car.

READ your contract. When you are in DEFAULT, they can repo. Legally only one day, but most lenders will work with you if possible.

to whom it may concern, I co-signed for someone and they coundn't make the payments. I got laid off and i couldn't make the payments. I am now currently working and i don't want to lose the car i could pay the three months car payment. could the car dealer wait for two more weeks until i get paid. the car is helping me to get to work. Can they understand the situation?

The best way to find out is to READ THE POLICY. What does it cover?? Was it GAP insurance or regular auto ins.? Ask your ins. agent to explain the coverages.

Hector, Ive never heard of a bank that specializes in that type of loan. That doesnt mean they are not out there. Usually you go whereever you have good enough credit to get the money. If your credit is good enough, the bank that repoed it will loan you money on it.

It can show at any time. A repossession is compleated as soon as the car is picked up so it does not matter what happens after the repossession it still did happen.

Paying the car off was good but having to repo it to get it paid off was BAD or negative. the lender did report that it was PIF,HUH?? So they reported the good and the bad.

This would be best answered by a good bankruptcy attorney who knows Arizona law.

I believe no matter what you do bankruptcy or not, they will get the car, it does not wipe your credit clean.

The LENDER.

Lenders tend to have deals with auction companies. ALL repo'd cars go to auction, most of which are dealer only. You should be able to ask your bank where it went, then call that auction to see if it public or dealer only.

With each presented law (legislation) there is "intent". The "intent" of the FDCPA was to ""to prevent the 'suffering and anguish' which occur when a debt collector attempts to collect money which the debtor, through no fault of his own, does not have.""harassing attempts to collect money which the debtor does not have due to misfortune," is not implicated in the situation of a repossession agency that enforces a "present right" to a security interest because in the latter context, "an enforcer of a security interest with a 'present right' to a piece of secured property attempts to retrieve something which another person possesses but which the holder of the security interest still owns.""Unlike the debtor who lacks the money sought, the possessor of secured property still has control of the property. Any failure to return the property to the rightful owner occurs not through misfortune but through a deliberate decision by the present possessor to avoid returning the property.""The legislative history confirms that Congress intended an enforcer of a security interest, such as a repossession agency, to fall outside the ambit of the FDCPA"