answersLogoWhite

0

💰

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

If a bank did something unethical or illegal and the borrower has to default or allow repo would the debtor still be responsible for the deficiency?

Unless a court rules there was a breach/violation on the lenders part, YES. If you have doubts, call a local attorney for a consultation.

How and where do you get started in the repossession business in Minnesota?

I suggest you do a little reading befor you go out in the repo world. Read this first and then, this Take your time, the more you know, the better your chances of success.

Can you get back a repossessed car if you pay the missed payments?

You get it back after meeting the terms of the contract. the LENDER will tell you how much it costs to get it back.

If you fail to return a car when the lease ends and they repossess is it legal for them to report this as a repo on your credit?

YES, its legal. The lease you signed was a legal contract calling for you to do certain things at certain times. You defaulted on those terms and the Lender is reporting that you defaulted.

What options are there for a car that has been repoed even if the monthly payment was made on time?

Cure whatever terms you were in DEFAULT(ins,ect) of. The LENDER can tell you exeactly what they require.

Can your car be repossessed if your insurance incorrectly told the lender your policy had been cancelled?

IF the ins. co. told the lender the policy was canceled, then you were in DEFAULT and the lender will repo.The lender and the ins. co. will have to get that straightened out.

What exactly is a writ of sequestration?

A writ of sequestration is a prejudgment process which orders the seizure or attachment of property to be maintained in the custody of the U.S. Marshal or other designated official, under court order and supervision, until the court determines otherwise. The purpose of the writ is to preserve the named property pending outcome of the litigation.

Can a person surrender a car to the bank in Arizona without the bank collecting the difference after they sell it?

NO. Think about it, IF this was true,EVERYONE would buy cars in AZ and nowhere else, just to get around paying the balance due. The UCC is standard across the country concerning contracts and default on contracts. Good Try, no candy for you.

to the best of my knowledge you can. AZ is a non recourse state. If they have the collateral, that's the best they're going to get. They can try and get you to pay but they can't make you legally....

Is there a form to use when voluntarily surrendering your vehicle?

Depends on the Lender, some do, most dont. It would be god on your part to take pics of the car when you turn it in. CYA deal.

If you pawn a vehicle and it gets repossessed will this hurt your credit?

IF the lender reports it to the CRA, it will. FWIW, title pawn lenders USUALLY dont report it. Too much work and paperwwork for them. LOL

Can the finance company report a car stolen if they are unable to locate it to repossess it?

As much as they would like to, NO. It wasnt in their possession to be stolen from. YOU can report it stolen. The Lender has OTHER legal options to get the car, so dont think you will slide forever. LOL

NO. Only the registered owner can report the car stolen, or whomever had the vehicle in their posession. If the lender tells you this, they are only bluffing you, using scare tactics. They will say anything to you in the hopes that you do not know the law, or your rights. Most people don't. You can always call an attorney or the police to pose a question about what is legal.

YES..In the state of Arizona pursuant to ARS 13-18-13 after 90 days of non payment a lien holder can report a car stolen and is a class 6 felony.

Do lenders prefer making arrangements for payments on a repo or prefer garnishing your wages?

Look at it this way, they "made arrangemnets" when you bought the car. You couldnt/didnt pay then while you HAD the car. So why will you pay on your own when you DONT have the car. Likely they will garnishee.

Can a bank repossess if you are making the agreed upon partial payments?

They can repo anytime you are in DEFAULT of the contract.

2010-09-21: Also, in addition to the answer: While the bank can reposses when the repo clause comes into play, I don't know of any instance that once a bank agreed upon partial payments, they reneged and repo'd the vehicle anyway. Remember: they'd rather have the money than the car. If it comes to haveing it repo'd through a repo company, the bank would still rather have their money than share it with a repo company. The person at the bank that you speak to is being watched by the bank manager, etc., blah blah, and he or she would rather keep good information on the books. He or she, as far as my experience, will help you in your situation.

Can an original buyer repossess a car after a verbal agreement which is in the first month of default for nonpayment?

IF your name is on the TITLE as buyer or cobuyer, you have the right to POSSESSION. Do you know where the car is? Do you have a key?

What can you do if the repo man damaged the car but did not take it because the police told him it was illegal to enter private property?

Unless you are a good negotiator, CALL an attorney NOW. Longer you wait, more time for FACTS to get confused or forgotten and/or DOCUMENTED. Take pics of the damage,ect.

How long after a repo does the finance company have to let you know the location of your vehicle and remedy to recover?

As far as I know, only 2 states require the lender/repo company to notify the debtor. The easiest way to find out the info is CALL THE LENDER.

Can a car be repossessed due to non-payment for auto-mechanical services?

IF you mean not paying the shop bill, YES. IF they followed proper procedures(paperwork,leins,ect). This varies by state. Its usually called a mechanics lein, Workmans Lein,ect. Call a local attorney for state specific advice.

Can a repo man take property other than that used for collateral?

No. If they do, that would be considered theft and that is obviously against the law.